Ralli Solicitors - Latest News

Court of Appeal rules fixed share partners are not employees

The Court of Appeal, upholding an Employment Appeal Tribunal (EAT) ruling, has decided that former Lester Aldridge partner Martin Tiffin's claim for unfair dismissal was not valid, because, as a member of the firm's limited liability partnership, he did not qualify as an employee.

Tiffin's counsel had claimed that his lack of involvement in management decisions and small profit share meant he was an employee, and was therefore entitled to compensation.

The EAT had upheld the decision of the Southampton Employment Tribunal in December 2009 that Tiffin had been a partner under the Partnership Act 1890 and not an employee under the Employment Rights Act 1996 when he was served a provisional dismissal notice in August 2008 and subsequently terminated from the firm.

Acas warns new tribunal rules will lead to more staff disputes

The head of Acas says companies may gamble on their employees' being unable to afford to bring a tribunal claim under the new rules, and may not attempt to resolve disputes when they first arise.

Andrew Wareing says that could send industrial relations into a decline in the UK.

Acas is preparing a formal submission to the Ministry of Justice's consultation on how much workers would have to pay to sue their employer.

Fresh Concerns Over DePuy Hip Replacements

Following on from the PIP scandal, new concerns are being raised over DePuy hip replacements.

DePuy replacements consist of metal on metal replacements which were recalled in 2010 due to their extremely high failure rates.

Previously concerns had been raised regarding the loosening of the implants and the risk of metal fragments working loose causing pain and mobility issues.

However, advisors to the Medicines and Healthcare products Regulatory Agency (MHRA) have decided the advice should go further due to concerns that the devices could cause �systemic toxicity� in the body.

Class actions have begun in the USA and claims are increasing in the UK.

Paula Bridge, Head of Clinical Negligence at national law firm Ralli comments:

�Any patients suffering abnormal pain or deteriorating hip function should immediately contact their surgeon and request an MRI scan or ultrasound to check for soft tissue reactions and loosening of components.

They should now also request tests to establish levels of cobalt and chromium in their blood. Increased levels of cobalt and chromium can be toxic to kidneys.

This is a worrying development coming so soon after the PIP publicity which once again calls into question the system of regulation of medical devices.

All patients who have had this device fitted whether they have experienced problems or not should have been recalled for advice.�

Legal action is ongoing in the UK.

If patients have any concerns they should contact Paula Bridge immediately on 0161 832 6131 or paula.bridge@ralli.co.uk who will be happy to advise further.

Anti-piracy code of practice for search engines proposed by rights holder representatives

Groups representing rights holders have a proposed a voluntary code of conduct for internet search engines operating in the UK.

Under the code, drafted by the British Recorded Music Industry, Motion Pictures Association, Producers Alliance for Cinema and Television, The Premier League and the Publishers Association, search engines could stop publishing links to websites that are deemed to be substantial infringers of copyright.

If it were adopted the code would also require search engines to relegate sites in their rankings for repeatedly making available pirated content, and to boost links to �licensed� sites under a new �certification� scheme.

The proposals have been described as "dangerous" by digital freedoms campaigners the Open Rights Group.

Working not a precondition to right to paid holiday, court rules

The European Court of Justice says a worker's right to paid holiday cannot be subject to a minimum period of actual work during the reference period used to calculate entitlement.

The court was ruling in the case of a woman who was off work for over a year as a result of a car crash, and whose employer refused to compensate her for the 22.5 days' holiday she would have had if she had been working.

The employer said French law makes entitlement to paid annual leave conditional on working a minimum of ten days during the reference period.

The judges say that, while EU states may lay down conditions for the exercise and implementation of the right to paid annual leave in their domestic legislation, they are not entitled to make the existence of the right subject to preconditions.

Royal Mail faces wave of employment tribunals over delayed Christmas pay

Dozens of temporary sorting office workers say they have experienced serious delays and miscalculations in their pay over Christmas and the new year.

The problems appear to stem from failures in Royal Mail's new in-house recruitment agency, Angard Staffing Solutions, which struggled to cope with the 110,000 applications it received for 18,000 temporary Christmas jobs.

A Royal Mail spokesman says there have been payroll problems but that the "vast majority" of its temporary workers had been paid correctly and on time.

Costa Concordia tragedy

Amanda Hatton - Personal Injury Associate

My thoughts are with everyone affected by this tragedy.

I am saddened to hear of the many fatalities and my heart goes out to those families still awaiting news of their loved ones.

Whilst it is too early to know why the ship ran aground, it is clear that a full investigation will have to take place and questions will need to be answered by the Italian authorities.

We need to understand whether this was down to human error or mechanical failures. At the moment there is a lot of speculation and conflicting reports in the press. Once the initially shock wears off, people are going to feel anger that this has happen and wanted to know exactly what went wrong.

The injured survivors are likely to need substantial medical and professional help to recover from their ordeal. Survivors are likely to have long-lasting emotional scars as well as their physical injuries.

I would urge anyone injured or with family members injured in the incident to speak to our specialist solicitors as soon as possible. It is important to contact our solicitors who have specialist knowledge of this area, the law and the specials rules and regulations which apply to accidents on-board ships.

Time is up for temporary staff, say third of bosses

Research suggests that a third of employers will sack temporary workers to avoid having to pay them at the same level as permanent staff, as will be required under a new agency worker directive.

A survey of 42 recruitment agencies by the Association of Professional Staffing Companies shows that 29 per cent intend to terminate short-term contracts before the workers' qualifying period is up, at the 12-week point.

It has been calculated that a typical small business will have to pay an extra �2,493 a year to comply with the new rules. Public sector employers, meanwhile, will have to pay an additional �259 million a year, but the Treasury expects to generate up to �332 million in taxes paid by workers earning more.

PIP Breast Implant Update: Dissolved Businesses

In recent weeks I have spoken to women who are not sure if their implants are PIP or another brand.

If the original clinic has closed down then I would recommend those concerned to go to their GP and ask for a scan.

This will enable medical experts to advise whether the implants pose an immediate risk. It is important to remember that advice from the Department of Health has remained consistent that the immediate removal of implants is not necessary.

Of course those concerned need to be sure they have PIP implants and if in doubt they need to try and find their original records. Again this is something we can assist with as many surgeons have kept records of previous operations even though they no longer work for the same clinic.

If the scan shows an implant has ruptured then further action needs to be taken.

If the client cannot return to the original clinic for removal then they will need to consider a referral to the NHS. There is still some confusion as to whether the NHS will deal with patients who have had surgery for non reconstructive reasons.

For those who did have the surgery for reconstructive reasons the Government has helpfully now clarified the position.

Referrals can be made via your GP for medical reasons and I would urge those concerned to work closely with their GP in this regard. The problem occurs when the client wishes to have replacements.

If the clinic is no longer available or not one which has agreed to fund removal and replacement, the current position is the client will have to fund the replacement privately.

Nuffield Health have said that they will assist their patients with regards to removal but again questions remain over replacement. The Chairman of The Harley Medical Group said yesterday that replacement was simply not a viable economic option for them to consider.

We are advising clients in this position to see what other options they have. We are tracing insurers of those clinics which have closed down and considering options against the surgeons.

Cosmetic surgery is a service and the implants that are used in any procedure have to be fit for the purpose, be of a reasonable standard of quality and above all, be safe.

This is a developing area and hopefully with the gathering momentum, a solution will become available. It is also important to ensure regulation is increased within the cosmetic surgery industry to ensure this type of situation does not arise in the future.

PIP Breast Implants Guidance

We have had several enquiries from ladies worried over these stories which have been circulating since early 2010.

Our guidance is to return to your breast implant surgeon if you are concerned to find out whether your implants are PIP (Poly Implant Prothese) implants. It is important to have them regularly checked.

We have taken instructions from Patients where the implants have ruptured and they have had no option but to have them removed. Some have been able to have further replacements but many simply cannot afford to pay a second set of fees for the surgery.

The difficulty in pursuing the French company PIP, which exported its products to 66 countries is that they have gone into liquidation which has meant they are not in a position to satisfy judgements obtained against them for supplying defective implants.

Therefore we need to look at other avenues and consider pursuing the clinics or indeed the surgeons where these procedures took place.

If you have any concerns and wish to obtain further advice please contact me today on 0161 615 0699 or email enquiries@ralli.co.uk

Ralli successfully defends clients accused of downloading copyrighted material

Ralli has successfully conducted another case in the London Patents County Court involving downloading copyrighted material from the internet with the claimant abandoning its claim and having to pay costs.

Ralli has previously successfully defended a number of individuals in the precedent cases relating to copyright infringement over peer to peer networks.

Michael Forrester, Associate in the Intellectual Property and Information Technology team commented:

"We advised from an early stage that our client had good prospects of defending the claim. Our client had protested her innocence from the start and the final outcome shows the strength of her defence.

Like previous matters of this nature, the present case involved complex legal and technical principles. These are extremely difficult for a lay person to understand and can lead to an innocent person being pursued.

If individuals are faced with matters of this nature, they are urged to contact us at an early stage."

Ralli were able to act for the Defendant in this matter on a no win, no fee basis. If you are involved in a similar claim, contact harassment@ralli.co.uk for a free assessment of your case.

Ryan Giggs - Imogen was not blackmailing him.

It has been reported that Imogen Thomas did not try to blackmail Ryan Giggs.

Michael Forrester, Associate at Ralli commented :-

"It will be interesting to see the effect of this matter on similar applications in the future.

Given the furore surrounding this injunction and the widespread political and social commentary generated by this case, such applications may be treated differently in the future.

Also, the effect of social media on this matter cannot be underestimated. It is an exciting time for those involved in this area to see how the law can keep apace with technology � as highlighted by this case."

JCI Manchester To Kick Off 2012 With Charity Football Tournament

Businesses from across Manchester are to take part in a charity football tournament with all profits going to the Royal Manchester Children's Hospital.

The event, hosted by JCI Manchester will take place on Tuesday 24th January from 5:30pm at the Lucozade Powerleague Central (Ardwick, The Pits).

Yorkshire Bank, Ralli, CBG, theEword, JMW, Shaping Cloud and Mundo Football are amongst the businesses who have all signed up for the challenge.

Earlier this year members of JCI Manchester, the personal development organisation for young professionals and entrepreneurs, completed the national 3 Peaks Challenge raising over �6,000 for the Royal Manchester Children's Hospital.

Teams cost �200 and can be entered by emailing robert.illidge@ralli.co.uk

Vacancy: Business Litigation Solicitor

Ralli is looking for a lawyer with a flair for litigation to handle a mixed contentious caseload.

The successful candidate will have at least 4 years' experience particularly in the following fields of commercial law:

Professional Negligence
Construction
Property

You must be capable of attaining a high profile and enjoy the challenge of attracting new business. You must be able to advise clients succinctly and pro-actively and apply a commercial approach to achieve positive results.

Operating within Ralli's corporate and litigation departments you will cover the Firm's Manchester and MediaCityUK offices. It is also envisaged that you will work closely with our marketing team.

This is a fantastic opportunity to become a key contributor to a growing and successful practice. Promotion will be rapid for the right candidate.

Please find the job description below.

Ralli offers competitive remuneration, flexible working and other benefits.

Please apply with a current CV to Lisa Harris, HR Manager, Ralli, Ralli Courts, West Riverside, Manchester, M3 5FT or by e-mail to lisa.harris@ralli.co.uk

NO AGENCIES

Steam customers may have had their credit card details stolen after hack

Michael Forrester, Intellectual Property Solicitor

It was reported today that Steam, the popular streaming service, customers may have compromised credit card numbers and other personal information after its database was breached by hackers.

The Steam difficulties are similar to the Sony Network problems last year. As with any situation like this, the full effects of the breach in security will not be known for some time.

Consumers are urged to check their credit and debit card details carefully. Any unrecognised transactions should be reported to the relevant financial institution immediately, in accordance with the duty to mitigate losses.

Incidents like this also provide a reminder to organisation holding data on the duties they owe.

Standard terms and conditions, data management policies and compliance with the complex mesh of regulations need to be periodically reviewed.

A number of regulations may apply to this situation, depending on the exact facts. This includes data protection laws, contract provisions, consumer protection regulations, negligence, as well as the criminal sanctions against computer hackers. We will be monitoring the information published to see which of these rules become relevant to this incident.

If Steam customers believe their personal and/or financial details have been used unlawfully, they should contact Ralli's specialist intellectual property and information technology team, iSolicitors, on dataprotection@ralli.co.uk

Vacancy: Secretary - Personal Injury Department

We are looking to recruit a secretary into our Personal Injury Department.

Applicants should possess excellent typing skills, be organised and efficient and be able to work using their own initiative.

Knowledge of Case Management Systems and Digital Dictation would be an advantage, although this is not essential.

Benefits include pension, healthcare, incremental holiday scheme and flexible working.

Please download the job specification below.

To apply for this position please reply with a cover letter and up to date CV to Lisa Harris, HR Manager, Ralli, Ralli Courts, West Riverside, Manchester M3 5FT or e-mail lisa.harris@ralli.co.uk

No agencies please.

A fabulous start for the free Manchester Jelly collaborative coworking

Working on your own can sometimes be a little isolating, especially with the nights growing dark earlier and earlier. The Jelly is a way to brighten up the working week by getting a group of people together and working alongside other interesting people.

Manchester Jelly, which started in September this year, is the first free casual co-working event in Manchester. It draws a range of individuals together every Friday; including freelancers, telecommuters, small/micro business owners and entrepreneurs, for the opportunity to get their work done whilst meeting and helping each other.

"Jellies started in America a few years ago and now regularly take place in dozens of cities across the world, including several in the UK" says Ben Gibbs, co-founder of Manchester Jelly.

"Some people work in isolation a lot of the time and Manchester Jelly offers the chance to work amongst other people, allowing those random, fun and helpful conversations to take place when people are sharing a space and working together.

Some small businesses use Jellies as a chance to get out of the office and meet new people."

"Jellies are for people from any industry, we've had translators, project managers, web developers, illustrators, writers and many more types professions at Manchester Jelly, some of whom are freelancers and others are employed."

Manchester Jelly takes place every Friday from 9am to 6pm at MadLab on Edge Street in Manchester's trendy Northern Quarter. It is free to attend, with free tea & Coffee and superfast WiFi. Voluntary �5 donations to go towards the running of the space are appreciated for the host venue MadLab.

To book tickets to attend any upcoming Manchester Jellies just visit the website at http://manchesterjelly.wordpress.com where you'll also be able to see all the latest news.

You can follow Manchester Jelly on Twitter or Facebook too.

Vacancy: Crime Duty Solicitor with 5 yrs PQE

Job Title: Solicitor
Department: Crime & Regulatory
Reporting to: Head of Crime

Responsibilities & Duties

1. to attend Duty Solicitor call-outs;

2. to attend Police Station call-outs;

3. to attend day time Duty Solicitor call-outs;

4. to attend clients at the police station;

5. to assist with criminal franchising applications and renewals;

6. to supervise and give guidance to those junior to them;

7. to undertake and be involved in marketing, research, project work, social engagements and presentations in their field of work.

To apply for this position please reply with a cover letter and up to date CV to Lisa Harris, HR Manager, Ralli, Ralli Courts, West Riverside, Manchester M3 5FT or e-mail lisa.harris@ralli.co.uk

No agencies please.

'Death Sentence' as NICE rejects skin cancer drug use

A new drug to extend the lives of people with advanced skin cancer is not suitable for use on the NHS, according to draft guidance.

The National Institute for Health and Clinical Excellence (Nice) rejected ipilimumab (Yervoy) for patients who have already received chemotherapy.

The guidance, which is subject to consultation, suggests problems with the clinical trial data submitted by the company and side effects as reasons for rejection. It also points to the cost as being around �80,000 per patient.

Manufacturer Bristol-Myers Squibb expressed "disappointment" at the decision, adding that Yervoy is the first treatment licensed for advanced malignant melanoma in 30 years.

In a Phase III clinical trial of people with melanoma that had spread who had received prior therapy, 46% of patients (63 out of 137) were still alive at one year if they were on the drug, compared to 25% (34 out of 136) in another group given a vaccine called gp100.

Sir Andrew Dillon, chief executive of Nice, said: "We need to be sure that new treatments provide sufficient benefits to patients to justify the significant cost the NHS is being asked to pay.

"In the case of ipilimumab, the data submitted by the manufacturer primarily came from a trial called the MDX010 20 trial. This did not compare ipilimumab with the drugs currently used to treat people with advanced or metastatic melanoma, but the results did show the drug could potentially be very effective for a small percentage of patients.

"However, the follow-up from the trial was too short to determine how long this effect would last. Clinical specialists also told the independent appraisal committee that only around 30% of people treated with ipilimumab would have improved survival, with only 10% potentially experiencing long-term benefits."

Mr Dillon said the guidance was open to consultation, adding: "The manufacturer can also consider whether it wishes to reduce the acquisition cost to the NHS of the drug by proposing a patient access scheme. Ipilimumab currently costs around �80,000 per patient whether the treatment is effective for them or not."

Amadou Diarra, European vice president and general manager at Bristol-Myers Squibb UK, said: "We are fully committed to demonstrating that Yervoy represents real value for money to the NHS, and we will be submitting further evidence to Nice in the hope that Nice will reconsider this decision so that all patients with metastatic melanoma can access this potentially life-extending treatment."

Golden Eye copyright infringement claims fail to convince court

by Dinah Greek, ComputerActive

Another company sending letters demanding money from people it has accused of illegal file sharing has been hauled in front of the Patents Court.

The company, Golden Eye International (Ltd), a distributor of pornographic films for a company called Ben Dover Productions, lost its bid to drop its case against Mrs V, for allegedly illegally downloading a film Fancy an Indian?

A default judgement awarded in its favour by another court against Mr M for allegedly illegally downloading this film was also overturned. This is commonly called speculative invoicing.

Earlier this year Judge Birss had been deciding the merits of the cases brought by ACS Law for Media Cat. Presiding over yesterday's hearing he agreed that while there were differences between the claims issued by Golden Eye and those involving ACS Law/Media Cat there were a number of issues he was concerned about.

He said Golden Eye had breached the section of the Copyright Designs and Patents Act (CDPA). He went on to say that as he had pointed out with the ACS Law / Media Cat cases, this law clearly states that a claim for copyright infringement cannot be issued without the copyright owners being party to the legal action.

Golden Eye's barrister, Jonathan Cohen, then strenuously argued that Simon Honey, a director of Golden Eye, also being a partner with stated copyright holder, Ben Dover Publications meant that there was no need to join the two companies together in a claim.

After informing the court that he owned a pair of Ben Dover underwear, which had in pride of place at his chambers, Mr Cohen also remarked that Golden Eye had an exclusive licence to distribute the films.

He said this was further proof that this breach of the CDPA should not stop Judge Birss issuing a discontinuance notice.

He said that it was 'fanciful' that Ben Dover would seek "a second bite of the cherry" if discontinuance was allowed as could have been the case with the ACS Law/ Media Cat cases.

Judge Birss did not agree and said that having an exclusive licence could not legally stop Ben Dover issuing another claim if he permitted discontinuance.

He was also concerned about the breach of the Civil Procedure Rules when issuing the claims. Copyright and IP cases can only be heard in certain courts and the money claims the online process used by Golden Eye is not set up for IP cases.

"These are not simple debt claims," said Judge Birss who also said it was difficult to know if Golden Eyes cases were "good or bad" without seeing expert evidence.

He also made reference to the fact that the amount of �700 that Golden Eye originally asked for in the letters, involved damages and costs. But when the claims were issued using money claim online, the �700 was only registered as damages because costs couldn't be asked for using the small claims track used by Golden Eye.

Golden Eye now has to decide to join with Ben Dover or it is likely that the claim will be struck out.

Although Judge Birss has overturned the judgement that would have forced Mr Maricar, to pay a bill that now stands at �1,737, this case is still live and he needs to defend it again.

Ralli's Michael Forrester comments:

"We have spoken with hundreds of people who have received letters from a number of organisations accusing them of sharing items on peer to peer networks."

"The legal basis for the claims made against these alleged file sharers involves complex legal and technical principles. These are extremely difficult for a lay person to understand and can mean an innocent person is being pursued."

"We are offering people a free assessment of their case if they are being taken to Court by one of these organisations, or if they feel harassed by letters they have received."

"It can be incredibly upsetting for people to receive these letters or Court documents, particularly if they are not able to take legal advice. It is likely we can provide a solution for most people, so I am urging them to come forward for a free assessment."

Judge Birss convened the next hearing for 9 December.

Charge set to be imposed for employment tribunal claims

The Chancellor has announced that the government plans to introduce a charge for taking a case to an employment tribunal, which litigants get back if they win their case.

Mr Osborne says the move, which is expected to come into force in July 2013, will reduce the risk to small businesses of "vexatious" appeals by employees. The government has yet to consult on the level and structure of the fees.

Meet our iSolicitors team at the Salford Business Expo

Ralli's iSolicitors team will be attending the first Salford Business Expo which will take place on Friday 14th October 2011, 9:00am-5:00pm, at the Worsley Park, A Marriott Hotel & Country Club.

The first ever Salford focused B2B exhibition will host a dedicated business & community platform for Salford's 8,000 businesses and demonstrate products and services to hundreds of delegate visitors.

Confirmed VIP guests including the Mayor of Salford, local MPs & major business leaders.

The expo will also offer:

Business networking zone
Free seminars and ask the expert workshops
40+ company exhibitors

To register your place please visit http://www.salfordbusinessexpo.co.uk

Ralli Named As Top Legal Tweeters

Ralli has been named in a top 10 list of the most influential Twitter users in the UK legal profession.

The list, which was compiled by online marketing firm I-COM also features Allen & Overy, DLA Piper and Eversheds.

Manchester-based I-COM analysed the Twitter streams of the most active 800 law firms nationwide and rated the tweeters using scores provided by Klout.com, a website that rates Twitter users according to engagement, influence and audience size.

Mike Blackburn, operations director of I-COM, said: "The North West business community as a whole is very active on Twitter and we know that some law firms in the region are leading the way.

"It's not just marketing and digital companies that have spotted the business opportunities that come from engaging with influencers and potential clients on the social network."

I-COM's top 10 is:

Woolley & Co (South West)

Allen Blacks (Yorkshire)

Silverman Sherlicker (London)

Allen & Overy (International)

JMW (North West)

Eversheds (International)

Ascroft Whiteside (North West)

Arc Property Solicitors (Yorkshire)

DLA Piper (International)

Ralli (North West)

I-COM specialises in providing online marketing services to the legal sector. Established in 2005, it employs 30 people.

ABSs �not attractive� to City firms, new research suggests

A study commissioned by the Legal Services Board shows that City law firms are too reluctant to give up control for them to embrace the funding sources that have become available under the ABS rules.

The study, carried out by Charles Rivers Associates, says, �[City firms do not] see huge demand for providing a wider range of services beyond the experts that they are currently able to bring in-house anyway.�

It adds that having non-lawyer partners would create complications for international firms working in jurisdictions where ABS are not permitted.

http://www.lawgazette.co.uk/news/abss-not-attractive-city-firms-new-research-suggests

The Big Debate: Filming In Courts

by Eimear McCartan, Solicitor.

The handling of the sentencing of those involved in the August riots has left public confidence in the justice system at a low, resulting in fierce criticisms from the media, the public and politicians. For this reason, now is the time for the courts' doors to be opened more fully, to allow a greater understanding of how the justice system works, leading to greater openness and accountability within the justice system. Lifting the ban on filming in courts will help to achieve this openness.

Filming has been permitted in Parliament for some time and has resulted in a greater understanding of the procedures involved in parliamentary debate, as well as more accountability for politicians. There is no reason why filming in law courts cannot have the same positive outcome for the justice system, judges and lawyers.

In any event, the proposals being put forward by Kenneth Clarke are at this stage relatively limited, in that they initially apply to the Court of Appeal and are limited in what they will show within hearings. Some critics have expressed concerns that lifting the television ban will lead to a culture of celebrity judges and barristers, playing to the camera at the risk of justice. On the contrary, in my opinion having cameras in court may place a greater obligation on judges to deliver fair, rational and reasonable judgements as they are left more accountable to the public.

What is of vital importance is that before the ban is officially lifted, proper consultation and research is carried out to ensure adequate safeguards are in place to protect victims, witnesses and defendants. Once these protections are in place, then filming in law courts will allow the justice system to move successfully with the times, leading to much needed enhanced trust and confidence.

Search and ISP companies may be asked to help tackle copyright infringement, says minister

The Culture Secretary, Jeremy Hunt, has told the Royal Television Festival (RTF) in Cambridge that the UK might ask search engines and ISPs to play more of a part in tackling online copyright infringement.

"We need to explore all options to make life more difficult for sites that ignore the law," he said.

Mr Hunt added that a "cross-industry body" could be established and "charged with identifying infringing websites against which action could be taken".

One in three employers 'to sack agency workers' after new EU job laws

A report by Allen and Overy indicates that a third of employers are planning to avoid the consequences of the European Agency Workers Directive by ending agency workers' contracts in their eleventh week �just before the end of the qualifying period for full employment rights.

The firm calculates that about 462,000 of the UK's 1.4m eligible temps stand to be made redundant in mid-December.

Twitter moves to claim 'tweet' trademark from third party

Advertising company Twittad service has registered 'tweet' before Twitter could do it � but now the social network wants it back.

Twitter's increasingly protective commercial strategy of gaining control of the third-party app-osphere starts looking a little wobbly when it comes to trademarks, registration 3699994 being the latest case in point.

View the full Guardian Blog.

Musicians win copyright extension to 70 years

by Josh Halliday, Guardian

Thousands of music performers, from little-known session musicians to Sir Cliff Richard, will receive royalties from songs released in the 60s for an extra 20 years, under new copyright laws ratified by the EU on Monday.

The legislation � known as "Cliff's law" after its most high-profile campaigner � extends copyright on music recordings from 50 years to 70 years.

Copyright on many of the most popular 60s tunes, including many Dame Shirley Bassey hits, had been due to expire within two years but will now last until at least 2033.

The directive is expected to be implemented by EU member states by 2014. The law applies only to the performers of the music. Composers already own copyright over their music until 70 years after their death.

The move marks a significant victory for the music industry, which has long campaigned for the change amid lost sales and online piracy. CD sales fell 12% year on year to 98.5m in 2010, while digital downloads failed to fill the gap, according to figures released in January.

"This important decision comes not a moment too soon," said the chief executive of UK music industry body the BPI, Geoff Taylor. "An exceptional period of British musical genius was about to lose its protection. As a matter of principle, it is right that our musicians should benefit from their creativity during their lifetimes, and that they should not be disadvantaged compared to musicians in other countries."

The music industry has extensively lobbied government to increase copyright for performers from 50 years to 95, but an independent review shelved that plan in November 2006.

As part of the directive, music labels must ensure that all recordings are commercially available or allow the artists to release the recordings themselves.

Eight EU member states � Belgium, Czech Republic, the Netherlands, Luxembourg, Romania, Slovakia, Slovenia and Sweden � voted against the legislation.

Jools Holland OBE, the host of the BBC's Later show and famous jazz pianist, said: "It is fantastic news to hear that copyright term has been extended to 70 years. Artists put their hearts and souls into creating music and it is only fair that they are recompensed in line with the rest of Europe.

"It's important that creators get paid for the work they do and this extra 20 years is much deserved."

� To contact the MediaGuardian news desk email editor@mediaguardian.co.uk or phone 020 3353 3857. For all other inquiries please call the main Guardian switchboard on 020 3353 2000. If you are writing a comment for publication, please mark clearly "for publication".

Original Bucks Fizz members lose trade mark battle over name

The Intellectual Property Office has ruled that the public would be likely to be confused if three original members of Bucks Fizz were allowed to register a trade mark that included the band's name.

The decision comes after Mike Nolan, Cheryl Baker, Jay Aston challenged the use of �Bucks Fizz� by Heidi Manton, who was a later member of the group and who registered the name in 2001.

Nolan, Baker and Aston, who have performed as The Original Bucks Fizz, tried to register the name as a trade mark as well as to revoke the �Bucks Fizz� trade mark owned by Manton.

The IPO rejected the original members' claims to goodwill in the trade mark, stating that they had individually given up any rights since they left the original group.