• CRIMINAL

England and Wales Court of Appeals (Criminal Division)

R v Sheppard and RvWhittle

Criminal - Publication of racially inflammatory matter - Composition of matter in England - Matter uploaded to website hosted in California and made available on internet - Jurisdiction of English Courts - Public Order Act 1986, ss 19, 29

Held, the test for jurisdiction was whether a substantial measure of the activities constituting the crime had taken place in England and Wales. Where a substantial measure of the alleged activities involved had taken place in England, the English court had jurisdiction to try charges of publishing of racially inflammatory material contrary to section 19(1) of the Public Order Act 1986, even though publication had taken place through a website hosted outside the jurisdiction.

• SERVICE

England and Wales Court of Appeals (Civil Division)

Alemo-Herron and others v Parkwood Leisure Ltd

Service - Claimant employee employed with Local Authority - Transfer of employee to private sector - Local authority employees' pay linked to collective agreement between unions and local authorities - Replacement collective agreement negotiated with revised terms as to pay - Whether transferred employees can enforce claim of entitlement to revised pay against employers - Transfer of Undertakings (Protection of Employment) Regulations 1981 and Article 3(1)(2) of Council Directive 77/187/EEC

Held, in the case of a competitive transfer of an employee of the local authority to private sector, the employers, in not having abided by the terms relating to pay in a collective bargaining pay settlement agreed between the local authority and trade unions, had not made an unlawful deduction from wages and therefore, an entitlement within the agreement to pay increases was not enforceable against the employers under provision 5(1) of the Transfer of Undertakings (Protection of Employment) Regulations 1981.