March 2004

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Employment: Internet and email policies

22 March 2004 in Legal practice

Acas has published an updated version of its guide to internet and email policies for employers. OUT-Law.com has also recently updated updated its template policy.

Acas Guide[updated]

OUT-law.com’s Communications Policy

Will’s will

17 March 2004 in Miscellany

William Shakespeare’s will is now available to the public to read online, nearly 400 years after the playwright put quill to paper. The historic document, in which Shakespeare famously bequeathed his “second-best bed” to his wife, has been put on the web by the National Archives. The wills of more than 100 other famous figures from the past are also available for the public to view in colour via the web, including William Wordsworth, Oliver Cromwell, Jane Austen, Sir Francis Drake, Samuel Pepys and Sir Christopher Wren.

Guardian story

Public Record Office: Famous wills

Internet: Trade mark not abused by meta tag and search ads

16 March 2004 in Trade marks

The Court of Appeal ruled on 3 March that recruitment site totaljobs.com had not infringed a trade mark that had been used as a meta tag in the source code of totaljobs’ web site and in paid adverts on search engines. Recruitment agency Reed Executive plc sued publishers Reed Business Information Ltd and others (including totaljobs), which had moved into the on-line recruitment market with the totaljobs.com venture. The site used the Reed mark among the names and logos in the site’s copyright notice and also as a meta tag for the site.

OUT-Law.com news story

Reed Executive v. Reed Business Information [2004] EWCA (Civ) 159

Legal Practice: Legal Services Review consultation

9 March 2004 in Legal reform

Sir David Clementi released his Consultation Paper relating to the regulatory framework for legal services in England and Wales on 8 March 2004. The paper seeks to stimulate a wide debate about regulation of lawyers.

Chapter B suggests illustrative models for a new regulatory regime: Model A proposes that all regulatory functions move to a new regulator, the Legal Services Authority; Model B gives regulatory functions to the professional bodies, but sets up a new regulator with consistent oversight powers, the Legal Services Board; and a variant Model B+, which is to require each of the professional bodies to separate their regulatory functions away from their representative functions, and with a significant lay membership.

Chapter C suggests models for dealing with complaints: the complaints work done by each body could be removed to a single Legal Services Complaints Office, similar to the Financial Ombudsman Service; or complaints could remain the direct responsibility of the relevant body, subject to consistent oversight powers; or a Legal Services Commissioner could provide a single gateway into the complaints system, but then, subject to an option to retain cases if he sees fit, sends professional misconduct cases approved for investigation to the relevant professional body, subject to his oversight.

Chapter F deals with the issue of alternative business structures. A matrix of four types of practice is discussed: Legal Disciplinary Practices (LDPs) solely offering legal services or Multi-Disciplinary Practices (MDPs) offering legal and other services, in each case either owned by their managers or not exclusively owned by its Managers.

Closing date for responses is 4 June 2004; the recommendations are due by 31 December 2004.

Legal Services Review consultation

e-Government: e-Envoy unveils Directgov service

3 March 2004 in Government

The Office of the e-Envoy has unveiled the first stage of the Government’s new online service Directgov. Designed around the needs of the user, Directgov makes it much easier to find and access government information and services electronically.

Directgov brings together information from across many Whitehall departments in one place, making it easier for people to find what they want from government, rather than having to search across several departmental sites. For example, a parent with a young disabled child wanting to send them to the local mainstream school will be able to find out the type and level of support available without having to go to the Department for Education and Skills or Department of Work and Pensions sites.

Directgov

Constitutional Reform Bill

1 March 2004 in Justice

The Constitutional Reform Bill was introduced in the House of Lords on 24 February 2004 to much criticism.

Part 1 makes provision for replacing the office of Lord Chancellor and abolishing that office. There are provisions in relation to the judiciary and the courts, the Great Seal, and the Speakership of the House of Lords. This Part also provides a guarantee of continued judicial independence.

Part 2 makes provisions for a Supreme Court to replace the existing system of Law Lords operating as a committee of the House of Lords. It provides for the appointment of judges, the Court’s jurisdiction, its procedures, resources, including accommodation, and other matters.

Part 3 makes provision for a Judicial Appointments Commission to be responsible for recruiting and selecting judges. It provides for it to report to the Minister on who has been selected, and for the Minister to make the appointment or the recommendation to The Queen. It also makes provision for a Judicial Appointments and Conduct Ombudsman, who will investigate any complaints, and for disciplinary procedures in relation to the judiciary.

Part 4 makes provisions regarding Parliamentary disqualification and the judicial functions of the Lord President of the Council.

Constitutional Reform Bill and explanatory notes

DCA – Speech by Lord Wolf

Guardian special report on Lords reform