Archive for January, 2012
Monday, January 16th, 2012
Today is the first working day of the obligation under the Localism Act 2011 for local authorities and single status fire and rescue authorities to produce a Pay Policy Statement. The government issued draft guidance for consultation before Christmas and once that comes out in final form authorities will know exactly what is expected.
While a lot of local authorities will already have started thinking about drafting a statement it will require a lot of input from both officers and members and will need to be approved by the full authority. This approval is aimed at making the authority more accountable to the local tax payers with the hope that the gap between the highest and lowest earners will reduce.
The policy must be applied from 1 April 2012 and it will be interesting to see if the government’s wish to effectively “cap” the pay of the most senior officers will come true.
Posted by Anja Beriro, who specialises in : local authority law, public sector procurements, commercial agreements, projects and shared services; clients: local authority and private sector bodies
Anja Beriro
0115 976 6589
aberiro@brownejacobson.com
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Rating: 7.0/10 (1 vote cast)
Tags: fire and rescue authorities, government bodies, local authorities, local tax payers, localism act 2011, Localism Bill, pay policy statement, Tax
Posted in Commercial Litigation, Government bodies, Local Authorities, Public Sector, Tax | No Comments »
Friday, January 13th, 2012
Following the second reading of the Local Government Finance Bill in the Commons opinions remain divided. While councils have been told that they will be able to keep certain parts of new business rates rather than give it all straight to central government, the amount that they will get to keep is not yet clear and some critics are saying that it will be at best trivial.
The amounts will be based on the actions that an authority has taken to boost business within its area and this will not always be an easy calculation to make, the proposed system being a complex one.
Mr Pickles has been quick to respond to criticism that the main benefits will lie in the south-east saying that certain authorities in the middle and north of the country could have been benefitting already if these provisions were in place.
Posted by Anja Beriro, who specialises in : local authority law, public sector procurements, commercial agreements, projects and shared services; clients: local authority and private sector bodies
Anja Beriro
0115 976 6589
aberiro@brownejacobson.com
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Rating: 9.0/10 (1 vote cast)
Tags: central government, councils, local government finance bill, Procurement
Posted in Procurement, Public Sector | No Comments »
Friday, January 13th, 2012
The UK’s biggest and most controversial infrastructure project since the construction of the motorways, the high-speed rail network (HS2), was given the go ahead earlier this week despite strong opposition.
The first phase, connecting a new Birmingham station to London and the Channel Tunnel, is projected to be completed in 2026 and cost £33bn. A second phase, which will face a consultation in 2014, would extend the line to Manchester and Leeds by 2033, whilst connecting the line to Heathrow is also being considered.
Government claims that the project will create £47bn of benefits have been disputed; environmental groups say that 160 important wildlife sites will be damaged despite modifications being made to the route; and residents are concerned about HS2 affecting their land and communities.
The strength of opposition suggests that HS2 may still hit the buffers, potentially through judicial review proceedings brought in the courts. The debate over HS2 is far from over.
Kassra Powles
0115 908 6200
kpowles@brownejacobson.com
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Rating: 9.5/10 (2 votes cast)
Tags: environmental, high speed rail network, hs2, train travel
Posted in Waste & Environmental | No Comments »
Friday, January 13th, 2012
Yesterday ICAAN opened its doors to applications for generic top level domains (gTLDs). Applicants will be able to apply for specific words or letters as an alternative to the recognised top level suffixes of .com, .net and .org. Examples of early applications are .london and .pepsi (i.e. http://mybrand or customerservice@mybrand).
The changes have led to widespread concern, with companies fearing reputational damage if their key brands and trade marks fall into the wrong hands. However, with a non-refundable “evaluation fee” of $185,000 and careful policing promised by the registries, there should be a significant barrier in the way of most Internet fraudsters.
The industry is estimating we will see around 1,500 initial applications for gTLDs. In our opinion, gTLDs represent a new frontier on the Internet and, in turn, a great opportunity for companies to stake their claim with key trade marks or creative new branding.
Posted by Oliver Laing, who specialises in intellectual property agreements, anti counterfeiting and disputes relating to patents, copyright, trade marks, designs, as well as domain name disputes and reputation management.
Oliver Laing
0115 908 4854
olaing@brownejacobson.com
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Rating: 9.0/10 (3 votes cast)
Tags: Brands, gTLDs, ICAAN, Intellectual Property, top level domains, trade marks
Posted in Brands, Intellectual Property | No Comments »
Friday, January 13th, 2012
The Government has today made a long overdue announcement following their consultation on changes to the Teachers’ Performance Regulations. The announcement confirms that the Government are going to remove a lot of the previous restrictions on schools to dismissing ‘underperforming’ teachers. The model policy that was consulted on combines performance management with capability and envisages dismissal for routine cases within a term. As part of the recommendation, the period teachers are given to improve could be as short as 4 weeks.
It will be up to individual schools to review their policies from September in light of the recommendations of the Government. Schools seeking to put this robust approach into practice should be mindful that the ultimate test is not the word of Mr Gove but that of the Employment Tribunal. Whether a Tribunal would consider the government’s timetable to be fair remains to be seen.
Posted by Heather Bragg, who specialises in contentious and non-contentious employment matters including; contractual issues, unfair dismissal, redundancy and all areas of discrimination.
Heather Bragg
0115 976 6553
hbragg@brownejacobson.com
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Rating: 9.0/10 (1 vote cast)
Tags: Education, employment, employment tribunal, mr gove, schools, teachers, teachers performance regulations, teaching standards
Posted in Education, Employment | No Comments »
Thursday, January 12th, 2012
Days after Cameron launches an attack on the compensation culture the Transport Select Committee has recommended changes to the law to reduce the rising costs of whiplash injury claims.
The Committee reports there has been a 70% rise in motor insurance injury claims in the past six years, despite a 23% drop in the number of RTA casualties.
It recommends an increase in the threshold for receiving damages in whiplash cases and if this fails to reduce the number of claims significantly, the government should bring forward primary legislation to require objective evidence of whiplash injury and it having a significant effect on the claimant’s life, before compensation is paid.
Anyone who has been involved in a road traffic accident or who deals with these claims will be aware of the huge industry that now surrounds even the most minor accident. It is time for a change.
Posted by Steven Conway, specialising in: defence of claims on behalf of insurers, local and public authorities, in particular employers’ liability and public liability claims.
Steven Conway
020 7337 1037
sconway@brownejacobson.com
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Rating: 9.5/10 (10 votes cast)
Tags: Browne Jacobson LLP, compensation claims, compensation culture, insurance, litigation, motor, motor insurance fraud, personal injury, road traffic accidents, road traffic claims, steven conway, whiplash claims
Posted in Insurance, Litigation | 1 Comment »
Thursday, January 12th, 2012
Ofsted’s new chief has announced the current two day notice before an inspection is set to be replaced with a no notice system for inspections for all schools in England from autumn.
Some schools believe these changes are a result of recent claims that schools attempt to portray a stronger impression during Ofsted inspections by sending “bad” pupils home or drafting in staff from other schools. There are also concerns that shorter or no notice inspections may stop schools properly engaging with the inspection process.
Ofsted has carried out 1,500 no notice inspections over the last 18 months and defends the new system by assuring that the sole aim is to provide a true picture of school performance. Schools should be able to trust the inspection process but no notice inspections may just aggravate the feeling that Ofsted is trying to catch them out.
Laura Richards
0115 908 4886
lrichards@brownejacobson.com
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Rating: 8.0/10 (1 vote cast)
Tags: Education, Ofsted, ofsted inspection, primary education, Public Sector, schools, secondary education
Posted in Employment, Public Sector | No Comments »
Thursday, January 12th, 2012
We’ve seen a lot of publicity recently about the Government’s intention to make the adoption process easier and faster, but for the most part the focus has been on placing babies and young children.
This week brings news that the needs of older children are being forgotten and that it is a concern that deserves to be taken seriously.
Since 1999 it has be possible for children to bring claims against local authorities for failing to secure appropriate arrangements which are in Looked After Children’s short and long term best interests. Failure to do so could be the subject of long, expensive and protracted litigation – something which we are seeing a lot more of.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
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Rating: 9.3/10 (3 votes cast)
Tags: adoption, adoption system, childrens social care, Education, fostercare, local authority children's services, Social Care
Posted in Education, Litigation, Public Sector, Social Care | No Comments »
Tuesday, January 10th, 2012
It would seem that it is not only the tenants that are continuing to suffer during the current harsh economic conditions. Recent press has followed the decline of two well established brands, namely La Senza and Blacks. Both retailers appointed top accountancy firms to implement emergency rescue plans, known as “pre-pack administrations” .
A pre-pack administration affords struggling companies some protection from their creditors. However, landlords as unsecured creditors, are unable to protect their interests as they are unaware of the pre-pack administration.
Whilst the sale of both the La Senza and Blacks businesses has prevented a further two faces from disappearing from the high street, it has left landlords feeling the sting of a further two pre-pack administrations. Perhaps the sensible solution is for landlords to enter into negotiations with their tenants at the first signs of trouble as surely a reduced income is better than having a huge rental bill wiped clean courtesy of a pre-pack administration?
Suki Tonks
0115 976 6519
stonks@brownejacobson.com
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Rating: 8.5/10 (2 votes cast)
Tags: accountancy firms, blacks, Brands, commercial property, high streets, la senza, pre-paid administrations, property, Retail
Posted in Brands, Property, Retail | No Comments »
Monday, January 9th, 2012
The risk of evaluating “irrelevant” information has been emphasised in the recent case of Resource v Northern Ireland Courts and Tribunals Service (NICTS) [2011] a tender for security and other services. The unsuccessful bidder claimed that NICTS had evaluated the part of G4S’ proposal which was different from the criteria set out in the Statement of Requirements instead of disregarding it as “irrelevant”.
The court agreed with the applicant. Firstly, NICTS did not have good evidence recording their evaluation process which in general is very important. Secondly, it was clear that G4S’ alternative proposals were taken into account which meant G4S received preferential treatment. By giving weight to “irrelevant” information the panel had committed a serious and manifest error.
The court set the award procedure aside. This case highlights once again the importance of evaluation based solely on the information available to all potential bidders and to record clearly the manner in which the evaluation criteria were applied.
Posted by Anja Beriro, who specialises in : local authority law, public sector procurements, commercial agreements, projects and shared services; clients: local authority and private sector bodies
Anja Beriro
0115 976 6589
aberiro@brownejacobson.com
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Rating: 9.5/10 (2 votes cast)
Tags: g4s, Procurement, resource v northern ireland courts and tribunal service, ststement of requirements
Posted in Procurement, Public Sector | No Comments »
Monday, January 9th, 2012
Just before Christmas the UK Government requested input from various bodies across the UK on the EU Commission’s legislative proposals for a reform of public procurement. Both the Commission and the Government have stated that procurement reform is a priority in 2012 so we are hoping to see some progress made over the next 12 months. EU reform is a time consuming process however, so don’t expect to see any legislative changes trickle down to the UK in the next year or two.
The Commission produced a green paper proposing reform which the Government responded to in July last year. Some of the responses made have clearly been incorporated into the current proposals and the Government has stated its intention to continue negotiations throughout 2012 with a view to protecting the UK’s position. If the Government can continue to push for simpler, more flexible procurement regulations then this will be welcomed by both the public and private sectors.
Alex Kynoch
0115 976 6528
akynoch@brownejacobson.com
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Rating: 9.0/10 (2 votes cast)
Tags: eu commision, green paper, private sector, Procurement, public procurement, Public Sector, reform
Posted in Procurement, Public Sector | No Comments »
Monday, January 9th, 2012
Richard Hooper, appointed by the government to conduct a study of the Digital Copyright Exchange (DCE) proposed in the Hargreaves Report on intellectual property rights, has called for evidence from interested parties . Submissions must be made by Friday 10 February.
The DCE is proposed as a solution to the problem of the collapsing value of creative content – which can be electronically replicated and shared – by creating a cheap and efficient online copyright licensing system. The Government hopes that this will harness the growth potential of creative industries and make the UK a leader in digital copyright services.
However, there was a note of uncertainty from Baroness Wilcox, the intellectual property minister, who indicated that it was still to be determined if the DCE was a “workable proposition.” Updating copyright law for the digital age will be complicated and, whatever the government’s decision, Hargreaves’ proposed completion date of the end of 2012 looks increasingly ambitious.
Dave Drew
0115 976 6226
ddrew@brownejacobson.com
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Rating: 7.0/10 (1 vote cast)
Tags: baroness wilcox, copyright, digital copyright exchange, hargreaves report, Intellectual Property, intellectual property law, intellectual property rights, online infringement, richard hooper
Posted in Brands, Commercial Litigation, Intellectual Property, Uncategorized | No Comments »
Monday, January 9th, 2012
Furnitureland went into administration in 2005. Its trade marks and the goodwill associated with them were sold to Furniture Village. In 2009, furnitureland.co.uk ltd was incorporated and obtained the domain furnitureland.co.uk.
Furniture Village brought a Nominet complaint about furnitureland.co.uk. The respondent claimed that, although he knew about Furnitureland, he thought they had stopped trading, and so his registration of the domain name was in good faith.
Both the first instance Expert and Appeal Panel agreed, so the respondent gets to keep the domain furnitureland.co.uk, which it is using as a click through website.
The case shows that the Nominet DRS is not suitable unless the complainant can clearly show the registrant knew of the complainant’s rights.
Faced with similar facts, brand owners should consider a passing off or trade mark action, which may have a better chance of succeeding.
It is also worth noting that the panel maintained the DRS’s reputation for speed by refusing to stay the appeal because of a pending trade mark revocation.
Posted by Giles Parsons, who specialises in intellectual property agreements and disputes relating to patents, copyright, trade marks, designs, as well as domain name disputes and reputation management.
Giles Parsons
0121 237 4557
gparsons@brownejacobson.com
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Rating: 8.5/10 (2 votes cast)
Tags: Copyright Designs and Patents Act, domain registration, Intellectual Property, intellectual property law, intellectual property rights, Nominet, patent, Trade Mark
Posted in Brands, Commercial dispute resolution, Intellectual Property | No Comments »
Friday, January 6th, 2012
The dawn of 2012 brings the annual discussion about upcoming employment law developments. The following may be of particular interest to employers:
- The qualifying period for unfair dismissal is expected to be increased from one to two years in April
- Pensions auto-enrolment for larger employers begins in October
- Consultations are to be progressed on the introduction of the following:
- ‘protected conversations’ between employers and employees about employment issues
- a standard text for compromise agreements
- allowing smaller employers to execute ‘no fault’ dismissals on payment of a prescribed sum
- early compulsory conciliation of all claims
- introduction of fees to bring a tribunal claim
The government is keen to reduce the amount of red tape in employment law to support business and boost the economy. This will be welcomed by employers. However care must be taken to ensure that the changes improve the effectiveness of the current framework, and do not simply add to employers’ administrative burden.
Posted by Hayley Prescott, who specialises in employment law, both contentious and non-contentious, including tribunal claims, unfair dismissal, redundancy, policies and procedures, compromise agreements, contractual issues and general advisory work.
Hayley Prescott
0115 976 6116
hprescott@brownejacobson.com
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Rating: 7.5/10 (6 votes cast)
Tags: auto enrolment, compromise agreements, employment, employment law, employment tribunals, further education, Pensions, Retail, unfair dismissal, unfair dismissal claims
Posted in Employment, Further Education, Retail | No Comments »
Friday, January 6th, 2012
Go to the Princesshay shopping centre in Exeter and you will find signs reading: “To improve our customer service we monitor the use of mobile phones to help show us how this centre is used by its customers. No personal data is stored at any time.”
Footpath is a system marketed as a “unique breakthrough product” providing 24/7 monitoring of pedestrian behaviour using mobile phone technology. Use of the system in shopping centres enables the centre to gather information to help understand, amongst other things, which retail sites are complementary, shopper flow volumes and flow and the potential value of advertising space. Shoppers too benefit from better retail mixes and more effective planning around centre bottle-necks.
But, civil rights campaigners think otherwise. Tracking mobile phone signals without consent is, they cry, an invasion of privacy. No express consent is given but also no personal information is collected. Only when mobile phone providers cooperate with data collectors will there be any real threat to privacy.
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: 10.0/10 (1 vote cast)
Tags: civil rights campaigners, footpath, mobile phone technology, monitoring mobile phone use, personal data, princesshay shopping centre, Retail
Posted in Retail | No Comments »
Friday, January 6th, 2012
Around half of public sector senior leaders have expressed concerns over growing public-private sector collaborations according to a recent report by global management consulting firm the Hay Group.
The report, Relationship Counselling, surveyed around 200 senior leaders from local government, healthcare, uniformed services and universities.
The report highlights growing opposition and resentment to closer ties with the public sector amid increasing concerns over risks to service delivery.
This is an issue that is clearly taxing the minds of public sector managers as was evidenced at our December Claims Club session on shared services, outsourcing and private sector delivery of local government services.
With the report predicting public-private sector collaborations will double over the next three years these are unsettling findings.
Then again following the very public failure of private sector providers of care services in 2011 perhaps we ought not to be that surprised by the research findings.
Posted by Bridget Tatham, specialising in: high value complex litigation relating to disease and stress and bullying at work; experienced in regulatory matters including advocacy, investigations and inquests.
Bridget Tatham
0121 237 3916
btatham@brownejacobson.com
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Rating: 0.0/10 (0 votes cast)
Tags: hay group, healthcare services, local government, private sector, Public Sector, relationship counselling, service delivery, uniformed services, universities
Posted in Government bodies, Health, Litigation, Public Sector | No Comments »
Friday, January 6th, 2012
David Cameron has vowed to protect British businesses by “waging war” on the health and safety culture inflicting the UK.
With many depicting a double dip recession on the horizon Cameron argues businesses need some respite from the “battle against a tide of risk assessment forms and fear of being sued for massive sums”.
Many believe there is almost strict liability for employers’ liability claims which makes even accidents where there is no fault on the part of the employer virtually impossible to defend.
Cameron intends to abolish or consolidate up to half of the existing health and safety regulations and to change laws so that businesses are no longer automatically at fault if something goes wrong.
Whilst we await the Prime Ministers detailed proposals his call for individuals to take “responsibility for our actions and rely on common sense” will be welcomed by all those who have felt that the scales had tipped too far in favour of the careless, feckless and work-shy.
Posted by Steven Conway, specialising in: defence of claims on behalf of insurers, local and public authorities, in particular employers’ liability and public liability claims.
Steven Conway
020 7337 1037
sconway@brownejacobson.com
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Rating: 9.9/10 (8 votes cast)
Tags: compensation culture, David Cameron, employers liability, health and safety, insurance, steven conway, strict liability
Posted in Employers & Public Liability, Health & Safety, Insurance, Litigation | No Comments »
Wednesday, January 4th, 2012
Covering over 22,000 schools across England, Ofsted launched a new online questionnaire, ‘Parent View’, in October 2011. The scheme was launched to provide parents with a voice and greater insight as they make choices about their child’s education on areas such as quality of teaching, bullying, behaviour and levels of homework.
The aim is that the anonymous system will provide Ofsted with information about schools that will help inform their priorities for inspection. Over 9,300 parents have completed the questionnaire since its launch. Initial analysis shows just under a third of families with children at the schools where results had been analysed said they would not make recommendations about their children’s school to other parents.
Parents often go by word of mouth when making important decisions about their child’s education, so this questionnaire provides a crucial portal for them to base their decisions. However, there is a danger that the anonymous system could be abused with schools being targeted unfairly, resulting in misleading results.
Laura Richards
0115 908 4886
lrichards@brownejacobson.com
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Rating: 0.0/10 (0 votes cast)
Tags: bullying, child education, Education, Ofsted, parent view
Posted in Education | No Comments »
Wednesday, January 4th, 2012
Following Treasury’s “rapid review” of adoption services Children’s Minister Tim Laughton has set up a new panel to draw up plans to overhaul and, crucially, speed up the way people are assessed to see if they are suitable to adopt.
Tim Laughton wants social workers to be able to make common sense judgements about people’s suitability to adopt, but I can see trouble ahead if the correct investment is not made to train, support and develop those Practitioners responsible for the task. It’s a complex and sensitive task, and although it could be done faster than is currently the case, care must be taken to ensure that people aren’t allowed to conclude they have a right to adopt no matter how old, unfit or inflexible they may be. The welfare of each child must be paramount.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
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Rating: 10.0/10 (2 votes cast)
Tags: adoption, adoption services, child welfare, children's minister, Social Care, social care practitioners, treasury
Posted in Social Care | No Comments »
Tuesday, January 3rd, 2012
The updated public procurement thresholds came into force on 1 January 2012. As the first working day of the New Year for many, today is likely to be the first day of their practical application. Whilst the Regulation sets out the thresholds in Euros the equivalent in Sterling has also been published.
The limit for supply and services and design contracts has increased to £173,934 and the limit for works contracts is now £4,348,350.
Whilst any rise in the thresholds will be welcomed by most public bodies, the increase of approximately 3% is unlikely to have a significant impact on the nature of works or services which trigger the requirement to conduct a public procurement exercise. Current UK inflation stands at 4.8% meaning that even a 3% increase may equate to a reduction in ‘real terms’ here in the UK, but public bodies can at least take comfort in the fact that the thresholds have not been decreased as was the case in January 2008.
Alex Kynoch
0115 976 6528
akynoch@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: euros, inflation, public procurement, public procurement exercises, Public Sector
Posted in Procurement, Public Sector | No Comments »
