Archive for November, 2010
Thursday, November 25th, 2010
The Government’s eagerly awaited Schools White Paper 2010 ‘The Importance of Teaching’ was published yesterday with an array of promises and policy decisions paving the way for a new education landscape which re-focuses power back into the hands of teachers.
The reduction of bureaucracy, modernisation and simplified and shortened guidance on duties (such as anti-bullying and the use of force) are key themes that run through almost every section of the paper.
The proposed changes include: improving training for teachers and leaders, introducing new powers and protections for teachers dealing with poor pupil behaviour, reforming curriculum assessment and qualifications, advancing a more autonomous school system, publicising how much money is spent on each pupil to ensure accountability, reforming school improvement processes and clarifying school funding arrangements.
The coalition’s pace of change for the education sector shows no sign of slowing.
Posted by Dai Durbridge, who specialises safeguarding of children and vulnerable adults in education, social care and health settings; defending claims against education, social care and health providers.
Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com
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Rating: 8.7/10 (3 votes cast)
Tags: coalition, coalition government, Education, education law, education lawyers, importance of teaching, schools, schools white paper
Posted in Education | No Comments »
Thursday, November 25th, 2010
The Government’s white paper has set out plans to pilot a new approach to permanent exclusions. Under the plans, schools will be free to exclude pupils but will then be responsible for finding and funding alternative provision themselves. The Government suggests that schools could collaborate with other schools to provide suitable places or buy them from the local authority, voluntary sector or local colleges.
If the responsibility for finding and funding alterative provision is not enough of a disincentive for schools to exclude pupils, schools will also be held accountable by retaining excluded pupils’ ongoing academic performance in their performance tables.
The government is keen to discourage schools from shifting problem pupils on to someone else’s turf and incentivise schools to ensure pupils get good alternative provision. Head teachers, local authorities and the government will begin working together soon to test the new approach.
Posted by Dai Durbridge, who specialises safeguarding of children and vulnerable adults in education, social care and health settings; defending claims against education, social care and health providers.
Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com
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Rating: 2.0/10 (1 vote cast)
Tags: Education, education law, education lawyers, exclusions, pupil exclusion, school exclusions, schools
Posted in Education | No Comments »
Thursday, November 25th, 2010
Following on from our opinion earlier in the year, Nominet (the UK domain name registry) will make available certain single character and two letter domain names.
From 1 December 2010 until 17 January 2011, owners of registered trade marks which match their desired “short” domain name will have the first option to apply, upon providing evidence that they have used their trade mark in the UK before 1 January 2008.
Following this will be a second sunrise period for owners of relevant unregistered marks and then a landrush period before a general release (dates to be confirmed).
Rights holders might be tempted to apply immediately on 1 December. Nominet expects fierce competition for the domain names, but beware! Applications will be published, and rival applications will proceed to an auction. Applicants should consider the potential commercial advantages of filing closer to 17 January, since Nominet has confirmed that where there are rival applications, no priority will be given to the earliest application.
Posted by Mark Daniels, who specialises in intellectual property dispute resolution involving infringement and validity of patents, trade marks, designs and copyright, as well as reputation management and domain name disputes.
Mark Daniels
0121 237 3993
mdaniels@brownejacobson.com
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Rating: 0.0/10 (0 votes cast)
Tags: domain registration, Intellectual Property, intellectual property law, ip, Nominet, short domain names, short trade marks, Trade Mark
Posted in Intellectual Property | No Comments »
Thursday, November 25th, 2010
The trustee body of the National Employment Savings Trust (“NEST”) announced yesterday that there will be a reduction in the proposed contribution charge from 2% to 1.8%.
The annual management charge remains at 0.3%, which will be payable from the employee’s pension pot annually.
The reduction in the monthly contribution charges will mean that employees who are members of NEST will see more of their and their employer’s contributions in their pension pot rather than swallowed up in administration costs.
The contribution charges were put into place to cover the initial set up costs for NEST. Once the set up costs have been recouped, it will be interesting to see whether there are any corresponding adjustments to the contribution charges.
Posted by Victoria Leybourn, who specialises in advising companies and trustees in all aspects of pensions law and local authorities and contractors on their obligations regarding public sector pension schemes.
Victoria Leybourn
0115 976 6160
vleybourn@brownejacobson.com
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Rating: 7.0/10 (1 vote cast)
Tags: employee pensions, employer contributions, employment lawyers, National Employment Savings Trust, NEST, pansions lawyers, Pensions, pensions law
Posted in Employment, Pensions | No Comments »
Wednesday, November 24th, 2010
Home Secretary Theresa May has unveiled details of the UK’s first permanent cap on non-EU foreign nationals entering the UK, which will prove problematic for many employers.
The number of visas granted will be cut by a fifth from April 2011. Tier 1 visas will be capped at 1,000 and will be limited to those with ‘exceptional talent’, including entrepreneurs, investors, sports stars and scientists. Tier 2 visas will rise to 20,700 (an increase of 7,000) but this will be limited to those with offers of jobs at graduate level.
It is not yet clear whether there will be any specific exemptions to this cap. In the meantime, the interim cap imposed in July 2010 (resulting in a 5% reduction in visas), will continue to apply. There may be a glimmer of hope for those employers who will need to exceed their quota between now and April 2011, as it may be possible to apply for a limited increase, albeit only in exceptional circumstances.
Posted by Helen Taylor, who specialises in employment law , including drafting of employment contracts, policies and procedures, advising on unfair dismissal, redundancy, reorganisations, TUPE, discrimination and compromise agreements; immigration.
Helen Taylor
0115 908 4897
htaylor@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: employment, migration cap, visas
Posted in Employment | No Comments »
Wednesday, November 24th, 2010
The Health Secretary, Andrew Lansley, has reignited considerations to force tobacco companies to sell their products in standard packaging, despite Conservative opposition to similar plans by Labour.
Mr Lansley believes ‘glitzy’ packets attracts young people to smoke, and has said ‘the evidence is clear that packaging helps recruit smokers so it makes sense to have less attractive packaging’. He wants to cut the ‘vast’ smoking related cost to the NHS and the economy, and instead use this money to ‘educate our children and treat cancer’.
Though the ban has been welcomed by doctors and anti-smoking bodies, the tobacco industry has already indicated it will totally reject the idea of plain packets. This is an unsurprising response from an industry already effectively stripped of its marketing arsenal, now facing a Government intending to ban companies from using their intellectual property rights.
Dmitrije Sirovica
0115 976 6238
dsirovica@brownejacobson.com
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Rating: 0.0/10 (0 votes cast)
Tags: advertising, marketing, tobacco advertising
Posted in Advertising & Marketing, Brands | No Comments »
Monday, November 22nd, 2010
Take That star Howard Donald was named as a party to proceedings with Adakini Ntuli with whom he had previously had a relationship.
The High Court granted an injunction against the publication of her story and also granted an anonymity order and an order restraining the reporting of the fact of the proceedings. On appeal, the Court of Appeal continued the substantive injunction but overturned the anonymity and restraining reporting restrictions on the grounds that they were unjustified.
This decision weighs public interest against the right to privacy. But, unlike other competing human rights, the scales are not set fair. “Necessity” was the hurdle to be overcome by Mr Donald. He failed to establish that the mere reporting of the proceedings would be significantly invasive to his private life.
How would we all feel about a newspaper naming us as a party to privacy proceedings which, if unsuccessful, would result in the publication of sexually explicit details of our relationships? I, for one, would feel aggrieved.
Posted by Paula Dumbill, who specialises in non-contentious intellectual property, particularly trade marks and copyright, advising in particular on IP exploitation and collaboration agreements and trade mark portfolio management.
Paula Dumbill
0115 976 6059
pdumbill@brownejacobson.com
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Rating: 0.0/10 (0 votes cast)
Tags: Adakini Ntuli, Howard Donald, super injuction, Take That
Posted in Litigation | No Comments »
Friday, November 19th, 2010
A Royal Wedding. How lovely and what a bonanza for merchandising opportunities. Unlike the protection given to the Olympics from free riding marketing there is little to prevent commercial exploitation of the event. However, the Trade Marks Act 1994 imposes some restraints by preventing registration of certain signs or marks denoting Royal connection. Emblems which contain the Royal Arms or Crowns or anything nearly resembling such insignia or representations of the Royal Family or the Union flag may not be registered as trade marks without the consent of the Chamberlain. Although the great event will provoke mass merchandising don’t look for trade mark protection for those royal new designs.
Posted by Peter Ellis, who specialises in commercial litigation or dispute resolution; intellectual property disputes e.g. trade marks, copyright, designs issues; breach of contract and claims through interruptions to trade.
Peter Ellis
0115 976 6269
pellis@brownejacobson.com
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Rating: 9.0/10 (1 vote cast)
Tags: merchandising, royal wedding, Trade Mark
Posted in Intellectual Property | No Comments »
Friday, November 19th, 2010
Following the changes to the Carbon Reduction Commitment (CRC) Energy Efficiency Scheme contained in the CSR Chris Huhne announced on Wednesday a new four week consultation on the amendments proposed by the government.
Unfortunately the consultation will primarily focus on the proposed extension of the introduction phase and postponing of the 1st allowance sale for phase two rather than dealing with the key proposal to not re-invest the money raised back into the scheme. Whilst the proposed amendments will no doubt help facilitate the broader ‘simpliciation’ review the government is undertaking and will crucially give participants more time to get to grips with the scheme it feels like any ‘bite’ and incentive in the scheme is being taken out.
Responses to the consultation have to be in by the 17th December to ensure that any changes can be in place prior to the start of the 2nd phase…watch this space.
Helene Maillet-Vioud
0115 976 6213
hmaillet-vioud@brownejacobson.com
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Rating: 0.0/10 (0 votes cast)
Tags: carbon reduction commitment, csr, energy efficiency
Posted in Manufacturing, Waste & Environmental | 2 Comments »
Thursday, November 18th, 2010
It’s been a busy week for the DfE. First, the government announced plans to force under performing schools to become academies. This was followed by promises of an extra £3 billion investment for the Leaders in Education programme to help recruit strong head teachers ‘to turn around weaker schools‘.
Yesterday, it was announced that all good schools with outstanding features will automatically be eligible for academy status and special schools will be able to apply to convert in January. The DfE have also stated that every school can apply to become an academy by working in partnership with highly-performing schools.
It is clear that Michael Gove is intent on making academies the rule rather than the exception for every school as soon as possible. Critics arguing against the programme say it will lead to weak coordination at Local Authority level and a fragmented education system. Nevertheless those that choose not to convert may find themselves in the minority before too long.
Posted by Mark Blois, who specialises in advice to schools, colleges, and local authorities on the full range of legal issues, both contentious and non-contentious including changes of category, reorganisations, governance, commercial arrangements, special educational needs, disability discrimination, admissions, exclusions and safeguarding.
Mark Blois
0115 976 6087
mblois@brownejacobson.com
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Rating: 0.0/10 (0 votes cast)
Tags: academies, Department for Education, Education, schools
Posted in Education | 1 Comment »
Wednesday, November 17th, 2010
Hot on the heels of the spending review, the government has announced plans to extend the personal social care budget scheme from the current 213,000 service users to one million by 2013. This optimistic target is the cornerstone of the drive to shift responsibility for social care provision from the state to the individual, empowering them to access the private market to purchase their care needs.
Theoretically this will take the pressure off local authorities and provide service users with choice, control and independence.
However, an Audit Commission report on the progress of the scheme in October highlighted problems with implementation. It felt significant work was required to communicate the benefits of the system. It had particular concern over deficiencies in support provided to people with mental health needs, despite evidence that mental health service users would be major beneficiaries of the programme.
If the government wants the take-up of this scheme to increase dramatically, and it says it does, these problems must be addressed.
Kate Mills
0115 976 6104
kmills@brownejacobson.com
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Rating: 8.0/10 (1 vote cast)
Tags: mental health, personal social care budgets, Social Care
Posted in Social Care | No Comments »
Tuesday, November 16th, 2010
The Government published its consultation in relation to the cost of civil claims on 15 November, coinciding with a linked paper regarding Legal Aid.
Its key recommendations include abolishing the recovery of success fees or ATE premiums from the losing party, the use of qualified one way costs shifting and damages based agreements and enhanced penalties under Part 36 offers.
The consultation focuses primarily on issues of funding. Recommendations such as fixed fees, new processes and limitations on referral fees will be looked at separately. There is also a strong focus within the document on personal injury litigation, though a number of the proposed reforms would have wider ranging effects.
Posted by James Arrowsmith, who specialises in high value personal injury claims, extensive experience of claims relating to head injuries and serious bodily injury, psychiatric damage and injuries to children.
James Arrowsmith
0121 237 3981
jarrowsmith@brownejacobson.com
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Rating: 9.3/10 (3 votes cast)
Tags: Claims, insurance, Jackson reforms, personal injury litigation
Posted in Insurance, Insurance - Advisory, Litigation | No Comments »
Tuesday, November 16th, 2010
HM Revenue and Customs have recently announced that they are changing the way they treat LLPs in the context of group relief from stamp duty land tax and stamp duty. They say that after taking legal advice they will now treat an LLP as a “body corporate” in the context of these reliefs.
At first glance this looks positive, and may allow group relief from stamp duty land tax or stamp duty to be claimed in situations where it couldn’t have been before. But this change could also block these reliefs in situations where previously they may have been available.
So for example, anyone who owns real estate in a group structure involving an LLP should look carefully at the effects of this change before transferring property within the group. The change should also be factored in when setting up a new group structure. Maybe “ordinary” partnerships or Limited Partnerships will come back into fashion?
Posted by Andrew Noble, who specialises in corporate and real estate tax, employee share incentives, UK and cross-border; advises clients from private individuals to listed companies; Chartered Tax Adviser.
Andrew Noble
0121 237 3952
anoble@brownejacobson.com
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Rating: 0.0/10 (0 votes cast)
Tags: hm revenue and customs, hmrc, limited liability partnerships, llp, stamp duty, stamp duty land tax
Posted in Tax | 1 Comment »
Tuesday, November 16th, 2010
Yesterday, Unilever proudly unveiled its new “Sustainable Living Plan”. Through “small actions”, the plan “aims to help everyone enjoy a good quality of life while respecting the planet”.
Consumers are increasingly looking for ways to ensure that they do not add to negative environmental impacts. Unilever clearly recognise that having an environmental plan will help the company increase its sales. Its claims that it will halve the environmental impact of its products over the next 10 years are bold. In order to meet its targets, Unilever say that some of its products will be reformulated, while others will go through complete packaging overhauls.
Our favourite regulator of advertising, the ASA, is alert to the power of the green badge of honour. It will be interesting to see whether Unilever are asked to substantiate its claims or whether the promises alone are enough to bring about the benefits of a good company greenwash.
Posted by Nina Best, who specialises in regulatory matters; entertainment licensing; advertising and marketing law; advice and representation on infringement of Food Safety Manufacturing Product Regulations.
Nina Best
0115 976 6529
nbest@brownejacobson.com
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Rating: 0.0/10 (0 votes cast)
Tags: advertising, advertising standards, ASA, Brands, environmental, sustainable, Unilever
Posted in Advertising & Marketing, Brands | No Comments »
Friday, November 12th, 2010
A teacher who lost her voice from shouting over noise outside her classroom has been awarded a £156,000 out-of-court settlement by her employer, Hillingdon Council.
Mrs Walters’ classroom was next to a courtyard used by schoolchildren during playtime. She often had to shout and repeat herself which led to nodules forming on her vocal chords affecting her voice. Her formal grievance was rejected by her employers on the grounds that nodules were an “occupational hazard”.
The council stated that the settlement was “in the best interests of Mrs Walters, the council and taxpayers”. Their decision is counter to the government’s agenda to curb compensation culture and makes it clear that employers must follow-up formal grievances with care and diligence. As councils tighten their purse strings and as more schools become their own employers of staff this case will set an unwelcome precedent.
Posted by Katie Michelon, who specialises in education law advice to schools, colleges and LEAs, including commercial advice on education sector projects such as academies, trust schools and federations.
Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com
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Rating: 9.0/10 (1 vote cast)
Tags: compensation, employers liability, health and safety, insurance, occupational hazard, public liability, schools, teacher
Posted in Education, Public Sector | No Comments »
Friday, November 12th, 2010
Earlier this month the Prime Minister announced an independent six-month review of the Intellectual Property system in the UK (the “Technology Blueprint”). He said “…the Government can help make Britain the most attractive place in the world to start and invest in innovative technology companies.” However, much of the discussion around IP neglects the value of trade marks and good branding. Of course protecting creative ideas and expressions by copyright or patent is important, don’t forget the value of a good well protected brand. A trade mark as a badge of origin is important but the mark also indicates an investment in reputation, added value and creativity. When thinking about your IP don’t forget the value of a good brand.
Posted by Peter Ellis, who specialises in commercial litigation or dispute resolution; intellectual property disputes e.g. trade marks, copyright, designs issues; breach of contract and claims through interruptions to trade.
Peter Ellis
0115 976 6269
pellis@brownejacobson.com
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Rating: 8.0/10 (1 vote cast)
Tags: Brands, copyright, Intellectual Property, ip, technology blueprint, trade marks
Posted in Intellectual Property | No Comments »
Thursday, November 11th, 2010
The ASA has banned a cinema commercial for Nivea Anti Wrinkle cream showing a woman moisturising her face as a voice proclaims “…it’s no surprise that 37% of women feel more attractive now than they did ten years ago”.
The ASA agreed with a viewer’s complaint that the ad does not make it clear whether the 37% was referring to women in general or just those who had used the cream.
In support of the claim, Nivea had carried out a survey on over 12,000 subscribers to its e-mail newsletter. The problem was that the survey sample was too general, as the ASA could not be certain that they were all users of the Nivea product. In addition, the questions asked were not specific to the eventual claim made in the ad but were instead general attitudes questions.
Companies should take heed; it is much easier to withstand challenge if you have a smaller sample of good quality, directly applicable evidence to substantiate your claim.
Posted by Nina Best, who specialises in regulatory matters; entertainment licensing; advertising and marketing law; advice and representation on infringement of Food Safety Manufacturing Product Regulations.
Nina Best
0115 976 6529
nbest@brownejacobson.com
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Rating: 0.0/10 (0 votes cast)
Tags: advertising, ASA, marketing, Nivea
Posted in Advertising & Marketing, Brands | No Comments »
Thursday, November 11th, 2010
In another setback for the much-criticised scheme, the High Court found that adding individuals to the Barred Lists without any opportunity for the individual to be heard is unlawful.
The challenge was brought by the Royal College of Nursing who also argued that the minimum barring period of ten years was disproportionate. Whilst Mr Justice Wyn Williams did not uphold this argument, he expressed a hope that the current review announced in June would also consider the minimum term.
This decision should signal the end of the ‘automatic’ barring process and mean that the Independent Safeguarding Authority (ISA) will have to allow written representations on all barring decisions. Not only will this significantly delay barring decisions, it will also increase cost for the ISA in handling and determining those representations. Whilst the terms of reference for the current review have been set, they now have to change to take account not only of this judgment, but the practical and financial implications of following it.
Posted by Dai Durbridge, who specialises safeguarding of children and vulnerable adults in education, social care and health settings; defending claims against education, social care and health providers.
Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com
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Rating: 0.0/10 (0 votes cast)
Tags: independent safeguarding authority, Social Care, vetting & barring
Posted in Social Care | No Comments »
Wednesday, November 10th, 2010
The renewable energy industry is celebrating government commitment to one particular form of renewable, pledging over £800 million of Renewable Heat Incentive (RHI) payments will be available from next year.
One aim of the RHI is to encourage capture of heat produced through waste disposal that would otherwise be lost – thereby contributing to the UK’s climate change goals. It seems likely that anaerobic digestion (AD), which produces heat by harvesting biomethane from organic waste, will be a major beneficiary.
The RHI will also be ‘grandfathered’ – that is, protected from future revisions to give confidence to the market. In times of austerity, a secure source of state funding is unlikely to be ignored – AD may be about to move into the mainstream.
Posted by Craig Elder, who specialises in project finance; Projects; PFI/PPP ; commercial contracts ; waste and defence sectors; long term/complex service arrangements;public sector procurements
Craig Elder
0115 976 6089
celder@brownejacobson.com
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Rating: 0.0/10 (0 votes cast)
Tags: environment, renewable energy, RHI payments
Posted in Waste & Environmental | No Comments »
Wednesday, November 10th, 2010
According to the Association of Personal Injury Lawyers (APIL) the Lord Chancellor has agreed to review the discount rate in personal injury cases.
The discount rate is used to calculate an injured person’s compensation. It works by taking account of the income he is likely to receive from investing his damages. The discount rate was set in 2001 at 2.5 per cent by the then Lord Chancellor and has remained unchanged since.
A change to the rate is not a foregone conclusion. Whilst APIL will argue that there are sound reasons for the rate to be reviewed downwards, the Government will be wary of introducing any changes that have the potential to increase claims liabilities of public bodies such as the NHS and local authorities.
It has to also consider that rates must reflect the fact that many awards relate to needs extending over many years into the future, and rates of return on investments will inevitably change over time.
Posted by James Arrowsmith, who specialises in high value personal injury claims, extensive experience of claims relating to head injuries and serious bodily injury, psychiatric damage and injuries to children.
James Arrowsmith
0121 237 3981
jarrowsmith@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: APIL, compensation, insurance, personal injury
Posted in Insurance, Insurance - Advisory | No Comments »
