All about current standards, practices and more... http://www.ibblaw.co.uk/blog/feed/ en IBB Solicitors http://www.ibblaw.co.uk All about current standards, practices and more... No-win no-fee lawyers have helped fuel a rise in the number of clinical negligence claims against the NHS, it is claimed. The health service has had to set aside £15.7 billion to compensate tens of thousands of victims who will need care in future years, an MPs’ report shows. Much of the money is for babies left brain-damaged as a result of catastrophic mistakes. They have increased life expectancy thanks to medical progress and so require ongoing care for longer. But lawyers who encourage patients to claim because they will not incur costs if they lose have also been held partly responsible for the rise in liabilities for the 2009/10 period, which was 13% higher than in the previous year. It is also feared that if the NHS loses more court cases than expected, the eventual figure for the year could top £23 billion, officials said. TaxPayers’ Alliance representative Emma Boon said: “It is extremely worrying that clinical negligence is costing taxpayers billions – especially as no-win no-fee solicitors and a growing compensation culture are partly responsible.” Alexander Mahdavi, Trainee Solicitor in IBB’s Personal Injury team, comments: “The best way for the NHS to reduce the costs of clinical negligence claims is to address the deficiencies in its own services which give rise to these claims. “Present constraints on NHS finances and the constant pressure to find short term savings means patients sometimes receive sub-standard care.  “Instead of blaming so-called compensation culture or exorbitant legal fees, taxpayers would be better served if the NHS worked to ensure fewer patients were the victims of medical negligence in the first place.” IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/02/08/no-win-no-fee-fuelling-nhs-claims http://www.ibblaw.co.uk/blog/2012/02/08/no-win-no-fee-fuelling-nhs-claims http://www.ibblaw.co.uk/blog/2012/02/08/no-win-no-fee-fuelling-nhs-claims Wed, 08 Feb 2012 12:06:27 +0000 http://www.ibblaw.co.uk/blog.xml Parents who are getting a divorce will have to go to mediation proceedings to cut down on costly court cases, Ken Clarke has said. The Justice Secretary added that divorced fathers will be given more rights but may not be guaranteed the same access as mothers, as sought by fathers’ rights groups. Mr Clarke was unveiling the Government’s response to the Family Justice Review which aims to reduce the number of acrimonious divorces. He said couples would be urged “to resolve their disputes more reasonably and more quickly” without the need for litigation “where it is possible to do so”.  They would be helped by the creation of a website to help them manage a divorce together, along with new parenting agreements dealing with access for grandparents. Mr Clarke expressed particular concern about the fate of boys growing up without a strong male influence but said best practice was “not about equal division of time but the quality of parenting received by the child”. Ian Davies, Solicitor in IBB’s family team, said: “Children are the principle argument amongst separating parents, who invariably seek to use them to garner a greater financial settlement upon a marital breakdown. Practitioners go to great lengths to advise clients that the welfare of the children is the paramount consideration, and that this should be the parent’s primary focus; not how much they will receive from the other party. “It is true to say that a ‘meaningful relationship’ and ‘quality of parenting received by the child’, doesn’t always mean ‘equality of time’.  “What Mr. Clarke singularly fails to appreciate in his comments are the characteristics of the parents involved who will often fail to acknowledge that a meaningful relationship can be such, when it does not equate to equality of time. The courts are increasingly making shared residence orders so that both parents accept they are viewed as equals, even if the children’s time is not shared equally between them. “Whilst the Family Proceedings Rules which came into effect in April of last year placed an emphasis upon mediation as opposed to litigation, on the ground there has been no real change in the way in which the cases are handled.  “Mediation will ONLY EVER benefit a very few parties and forcing separating couples to attend mediation will only cause more problems than it solves. In relationships where there is significant blame attached by one party to the other for the relationship breakdown, and predominantly where there are trust issues which exist, mediation will never be a sensible option or route for those parties to take. “That being said, most practitioners will always assess at a very early stage with the client whether mediation is viable and will try to exhaust all other avenues before turning to litigation as a last resort, and will try and reduce as much of the acrimony as possible in any event. “The elephant in the room for the Government in trying to reduce the number of cases going through the courts, is that due to the huge cost cutting which has taken place within the Court Service over the past few years, the courts are now mainly running skeleton staff who are simply unable to cope with the same volume of cases as before and are becoming administratively defective as a result, which is causing longer listing times and an inability to deal with matters quickly. “This is something that the Government should be focussing upon instead of trying to force parents into mediation.” Our Family and Matrimonial team helps families across West London and Bucks. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/02/07/clarke-unveils-divorce-law-reforms http://www.ibblaw.co.uk/blog/2012/02/07/clarke-unveils-divorce-law-reforms http://www.ibblaw.co.uk/blog/2012/02/07/clarke-unveils-divorce-law-reforms Tue, 07 Feb 2012 12:58:43 +0000 http://www.ibblaw.co.uk/blog.xml Changes to family law will aim to help grandparents maintain contact with grandchildren whose parents split up, the Government is set to announce. Under the proposals, to be outlined by Justice Secretary Kenneth Clarke, grandparents will not have full legal rights but separating couples will be encouraged to allow their children to have contact with both sets of grandparents. At the moment, the majority of children stay with their mother after their parents separate, with fathers having less access and many paternal grandparents losing touch with their grandchildren. A Government source said: “Children get a huge amount of love and support from grandparents. That’s why we will do what we can to ensure that grandparents can remain part of their grandchild’s life if their mum and dad separate.  “But adding a new legal right would make the process even more complex, so it would take much longer, which would be bad for the children we’re trying to help.” The changes will form part of the Government’s bid to reduce the number of couples using the courts to resolve custody disputes. Children are set to get a new legal right to have a full relationship with both parents in the event of a divorce. Our Family and Matrimonial team helps families across West London and Bucks. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/02/06/clarke-to-outline-family-law-reform http://www.ibblaw.co.uk/blog/2012/02/06/clarke-to-outline-family-law-reform http://www.ibblaw.co.uk/blog/2012/02/06/clarke-to-outline-family-law-reform Mon, 06 Feb 2012 13:20:06 +0000 http://www.ibblaw.co.uk/blog.xml A deal has been struck that will see people who own land on the proposed HS2 route offered cash to allow inspections to be carried out. The agreement reached by the National Farmers’ Union (NFU) and the Country Land and Business Association (CLA) will see landowners paid an initial £1,000 to allow surveyors on site along the route, which will run from London to Birmingham and the north. The deal comes after the Government gave the £32.7 billion scheme the thumbs up in January. Despite claims it will reduce journey times between London to Birmingham and Manchester and Leeds, many living nearby the route campaigned against it. Their efforts were boosted by the support of campaign groups and a number of politicians. The new deal will allow environmental survey work to be conducted along the route. The landowner and the tenant will share the initial payments from the scheme. Further payments could be made in the event that more surveys are needed to gauge the effects of the work upon the environment. HS2 Ltd, the Government-owned company behind the project, said it was getting in touch with individual landowners to organise visits. Gillian Outram, Partner at IBB Solicitors, commented: “Clearly if this is an agreement between the CLA and the NFU then it will represent the majority of the land that requires surveying and hopefully members of those organisations will be satisfied with the payment. “However there are still going to be a significant number of private householders where surveyors will need access to their land for surveying purposes for HS2 and it is not clear from this statement as to whether the ordinary affected householder will agree to this scheme. “The strength of feeling against HS2 by those normal householders affected in the Chilterns and the land running north to Birmingham should not be underestimated.” Our team of property lawyers can advise on all aspects of buying, selling and mortgaging property. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/02/03/hs2-survey-payments-for-landowners http://www.ibblaw.co.uk/blog/2012/02/03/hs2-survey-payments-for-landowners http://www.ibblaw.co.uk/blog/2012/02/03/hs2-survey-payments-for-landowners Fri, 03 Feb 2012 15:16:59 +0000 http://www.ibblaw.co.uk/blog.xml The Government is working with organisations including the BBC and Royal Mail to identify additional unused sites that could be earmarked for housebuilding. Housing minister Grant Shapps said he has already identified enough Government land to build 80,000 homes and ministers are set to release enough for 100,000 homes by 2015. Mr Shapps also announced the allocation of the £500 million Growing Places Fund to 39 local enterprise partnerships, which will create thousands of jobs in construction and related industries. And £45 million from the Get Britain Building Fund will be allocated to unlock 18 stalled sites, with the aim of delivering 1,301 homes. Mr Shapps said: “With the Prime Minister putting housing centre stage on the road to economic recovery, I am determined that we shall not repeat mistakes of the past.” Meanwhile, Mr Shapps also confirmed the Government’s mortgage indemnity scheme would be launched next month, and be available to UK citizens buying new-build properties worth up to £500,000. Persimmon chief executive Mike Farley said of the NewBuy Guarantee scheme: “This scheme will provide a much-needed shot in arm for the whole of the housing sector, enabling people to buy a newly built home with a deposit of as little as 5%.” IBB has one of the largest real estate groups in West Londonand the South East, with expertise in commercial development, residential development, real estate finance, real estate investment and management, construction and real estate dispute resolution. Contact a member of the team by visiting the relevant service page, or you can call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/02/02/shapps-to-identify-land-for-100000-homes http://www.ibblaw.co.uk/blog/2012/02/02/shapps-to-identify-land-for-100000-homes http://www.ibblaw.co.uk/blog/2012/02/02/shapps-to-identify-land-for-100000-homes Thu, 02 Feb 2012 13:48:04 +0000 http://www.ibblaw.co.uk/blog.xml A blaze has broken out at a dairy site in west London where it is thought gas cylinders could be stored. Emergency services erected a temporary safety cordon in case the cylinders exploded as a result of the heat at the Unigate factory complex. The fire at Wood Lane in Shepherd’s Bush affected industrial buildings on the dairy site, but nobody was reported injured – although more than 100 people are believed to have been evacuated. Dairycrest said it sold the building in 2002 but a spokeswoman said she did not who the current owners are. The cause of the fire, attended by around 75 firefighters and 15 fire engines from across the capital, is still being investigated. “It’s a challenging and developing incident at the moment and we’re likely to be at the scene for some time,” said station manager Rod Horton. IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/31/fire-breaks-out-at-old-dairy-site http://www.ibblaw.co.uk/blog/2012/01/31/fire-breaks-out-at-old-dairy-site http://www.ibblaw.co.uk/blog/2012/01/31/fire-breaks-out-at-old-dairy-site Tue, 31 Jan 2012 14:11:39 +0000 http://www.ibblaw.co.uk/blog.xml Nearly two-thirds of Britons (63%) do not have a will – with many people employing a “head-in-the sand” approach to them, according to a new study. Investment managers Brewin Dolphin found that 57% of married couples do not have a will, meaning they would have no control over their houses, savings or possessions if either of them were to die without creating one. The main triggers for people creating a will are said to be childbirth (18%), reaching a landmark age (15%), marriage (13%) or taking out a mortgage (12%).  The sudden death of a friend or family member can prompt people to draft a will, and did so in 11% of the cases in the study. Meanwhile, factors which were found to delay people writing their wills are: not thinking they have enough assets or possessions to make it worthwhile (30%), thinking they are too young (24%) or simply seeing it as not important at the present time (another 24%).  A total of 13% think the idea is just too morbid to think about. Charlotte Black, Head of Corporate Affairs at Brewin Dolphin commented: “Will making should definitely be on the 2012 resolution lists for 63 percent of British residents.  “If they didn’t have one and died suddenly, their estate could go to a relative who they wouldn’t necessarily choose to benefit. The research shows many people deploy a head in the sand approach to wills.” For advice on issues relating to wills, trusts, probate and tax and estate planning, contact our specialist team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/30/63-of-britons-have-no-will http://www.ibblaw.co.uk/blog/2012/01/30/63-of-britons-have-no-will http://www.ibblaw.co.uk/blog/2012/01/30/63-of-britons-have-no-will Mon, 30 Jan 2012 12:16:16 +0000 http://www.ibblaw.co.uk/blog.xml A new mansion tax should be created in the UK by Chancellor George Osborne, according to Nick Clegg. The Deputy Prime Minister said properties valued at more than £2 million should have a levy applied to them. Among his other plans, Mr Clegg called on Mr Osborne to consider bringing forward the introduction of the planned £10,000 personal allowance for income tax. Due to the tough climate which is facing the country’s families, Mr Clegg said it is no longer enough to gradually increase the threshold over the next three years. Both Mr Clegg and chief secretary to the Treasury Danny Alexander now look set to lobby Mr Osborne for tax reforms ahead of his 2012 Budget. Commenting on his plans, Mr Clegg said: “I know the mansion tax is controversial, but who honestly believes it is right that an oligarch pays just double the council tax of an average homeowner even if their house is worth 100 times as much? “And who seriously thinks we would kill aspiration through a levy on the 0.1% of the population who own £2 million homes? “The mansion tax is right, it makes sense and the Liberal Democrats will continue to make the case for it. We’re going to stick to our guns.” Speaking to the Resolution Foundation think tank, he said: ”Every politician now has a simple choice: do you support a tax system that rewards the hard-working many? Or do you back taxes that favour the wealthy few? “I know which side of the line I stand on – the UK’s tax system cannot go on like this, with those at the top claiming the reliefs, enjoying the allowances, paying other people to find the loopholes, while everyone else pays through the nose. “This is about fairness in the middle. More money in the pockets of the people who need it.” IBB has one of the largest real estate groups in West Londonand the South East, with expertise in commercial development, residential development, real estate finance, real estate investment and management, construction and real estate dispute resolution. Contact a member of the team by visiting the relevant service page, or you can call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/27/cleggs-calls-for-new-mansion-tax http://www.ibblaw.co.uk/blog/2012/01/27/cleggs-calls-for-new-mansion-tax http://www.ibblaw.co.uk/blog/2012/01/27/cleggs-calls-for-new-mansion-tax Fri, 27 Jan 2012 13:42:02 +0000 http://www.ibblaw.co.uk/blog.xml David Cameron has voiced concerns that there is “credible democratic anxiety” over some rulings made by the European Court of Human Rights. Addressing the Council of Europe in Strasbourg, the Prime Minister said insufficient account is being taken of the decisions made by national parliaments on certain issues. He made the claim as he launched a drive to reform the court in a bid to prevent it from meddling in British affairs, citing its decision over the right for prisoners to vote in elections as an example.  The PM warned the court’s work defending human freedom and dignity was being put “under threat” due to some of its decisions – including a recent ruling blocking the deportation of extremist cleric Abu Qatada – which he said were creating public unease and anger. Although he said the UK would not turn away from a commitment to uphold human rights, he said where issues had been subjected to “reasoned democratic debate” and scrutinised by national courts in line with the European Convention on Human Rights, “the decision made at a national level should be treated with respect”. We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/26/pm-seeks-human-rights-court-reform http://www.ibblaw.co.uk/blog/2012/01/26/pm-seeks-human-rights-court-reform http://www.ibblaw.co.uk/blog/2012/01/26/pm-seeks-human-rights-court-reform Thu, 26 Jan 2012 14:07:21 +0000 http://www.ibblaw.co.uk/blog.xml An “ambitious” three-year initiative which aims to enhance the appearance and safety of Southall in west London will benefit from almost £7 million in funding. It is hoped the investment in the Southall Broadway Urban Realm project will create 40 new businesses and 200 new jobs, at a time when many areas across the country are struggling with high unemployment and empty shops litter town centres.   As well as regenerating the town centre and creating jobs, the funding will be used to tackle traffic problems along the Uxbridge Road corridor and develop loading and parking bays along the main road. Ealing Council recently secured £4.35m of investment from the Mayor of London’s Regeneration Fund to help pay for the project, which has also received Local Implementation Plan funding from TfL and council funds. Council leader Julian Bell said: “It’s fantastic that we’ve been able to secure this funding and can now start to deliver some of our ambitious plans for the regeneration of Southall.” IBB has one of the largest real estate groups in West Londonand the South East, with expertise in commercial development, residential development, real estate finance, real estate investment and management, construction and real estate dispute resolution. Contact a member of the team by visiting the relevant service page, or you can call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/24/funding-boost-for-southall-regeneration http://www.ibblaw.co.uk/blog/2012/01/24/funding-boost-for-southall-regeneration http://www.ibblaw.co.uk/blog/2012/01/24/funding-boost-for-southall-regeneration Tue, 24 Jan 2012 12:23:08 +0000 http://www.ibblaw.co.uk/blog.xml With cash in short supply and house values tumbling, many couples are having to carve up their retirement funds when they divorce. The biggest asset in many households, retirement funds are increasingly having to be raided when couples part ways.  The Daily Telegraph reports that in total, more than one in 10 financial settlements ordered by judges after spouses split up now includes an arrangement to divide their main earner’s pension pot, a decade after the orders were introduced. According to the newspaper, legal publisher Sweet & Maxwell says there was an 11 per cent rise in the number of pension-sharing orders made by courts in the past year alone. Many couples are divorcing in their fifties, and splitting their biggest asset means many spouses will have less money to survive on in old age. Our Family and Matrimonial team helps families across West London and Bucks. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/23/retirement-funds-raided-in-divorce http://www.ibblaw.co.uk/blog/2012/01/23/retirement-funds-raided-in-divorce http://www.ibblaw.co.uk/blog/2012/01/23/retirement-funds-raided-in-divorce Mon, 23 Jan 2012 12:52:27 +0000 http://www.ibblaw.co.uk/blog.xml Charging workers money for pursuing employment tribunal claims will result in many being put off from doing so and will create an atmosphere of “chequebook justice”, according to the TUC leader. The charges will amount to anything between a minimum £600 and £1,750 just to have a discrimination claim heard by a tribunal and are “draconian”, the congress’s general secretary Brendan Barber said. Addressing a conference in London, he said: “The coalition’s cuts are having a devastating impact on some of the most vulnerable people in our society, including women, ethnic minorities and disabled people. “Ministers are pursuing a deregulatory agenda, dismissing vital rights as red tape and so-called burdens on business. “While the Government pays lip service to equality, some of its actions threaten to make Britain less equal, less fair and much less just. “That’s why our priorities over the coming year must be to defend legal rights and access to justice, and why we must resist draconian Government plans to charge people for using employment tribunals.” Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/20/charges-for-work-tribunals-draconian http://www.ibblaw.co.uk/blog/2012/01/20/charges-for-work-tribunals-draconian http://www.ibblaw.co.uk/blog/2012/01/20/charges-for-work-tribunals-draconian Fri, 20 Jan 2012 14:05:58 +0000 http://www.ibblaw.co.uk/blog.xml A white male-dominated judiciary threatens “the harmonious nature of society”, a government minister has said. More women and black and Asian people should be allowed to fill the top positions in the justice system so that it looks “somewhat more like the general population”, Lord McNally told the Lords Constitution Committee. The courts fail to reflect the society they judge, he said, adding that when one looks at the full range of the judiciary, “they all look an awful lot alike”. Lord McNally said: “I don’t think you can have a really harmonious society if your judiciary, however excellent, does not seem to reflect the society in which it is dispensing justice to. “You don’t sacrifice quality for that aim but I think we are right to make sure, or point in the direction of, having a judiciary that in some way reflects the society to which they are delivering justice. “That’s me but it’s one I feel very strongly about because I think that’s how you keep society harmonious.” He added: “I think that, in the long term, it is a threat to the harmonious nature of our society unless we address it. But that is a personal opinion.” We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/19/white-judiciary-breeds-disharmony http://www.ibblaw.co.uk/blog/2012/01/19/white-judiciary-breeds-disharmony http://www.ibblaw.co.uk/blog/2012/01/19/white-judiciary-breeds-disharmony Thu, 19 Jan 2012 14:42:20 +0000 http://www.ibblaw.co.uk/blog.xml A jury should be allowed to consider infidelity as a possible reason for murder, although other so-called triggers must also be shown in a court case, the UK’s most senior judge has said. The comments by Lord Chief Justice Lord Judge go against recent changes to the law.  The previous Labour government removed the use of infidelity as provocation by an accused person, instead allowing a partial defence of “loss of control” which could be construed as being driven by a person’s fear of violence or “justifiable sense of being seriously wronged”. The judge had criticised the legislative change introduced by deputy Labour leader Harriet Harman in 2009, despite opposition from his fellow judges and peers. Lord Judge said not allowing a jury to take infidelity into account is “unrealistic and carries with it the potential for injustice”. His comments could lead to the notion of “a crime of passion” being reintroduced to the courtroom. He added: “Unfortunately there are aspects of the legislation which, to put it with appropriate deference, are likely to produce surprising results.” We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/18/infidelity-can-provoke-murder http://www.ibblaw.co.uk/blog/2012/01/18/infidelity-can-provoke-murder http://www.ibblaw.co.uk/blog/2012/01/18/infidelity-can-provoke-murder Wed, 18 Jan 2012 15:40:41 +0000 http://www.ibblaw.co.uk/blog.xml Prime Minister David Cameron hopes that planned changes to the system which currently allows the release of suspected serious offenders on bail can help bring some comfort to a murder victim’s family. Proposed amendments to the Legal Aid, Sentencing and Punishment of Offenders Bill would mean that prosecutors will be able to lodge appeals against crown court decisions to grant bail to people accused of serious crimes. A campaign to change the law has been conducted by the family of nurse Jane Clough, who was stabbed to death by former partner Jonathan Vass while he was on bail accused of raping her. After announcing the move in the House of Commons last week, Mr Cameron said he hoped the proposed changes would “improve the law, be more helpful to victims and give some satisfaction to the family”. Justice minister Crispin Blunt said: “These changes will provide a vital safeguard for the public by allowing prosecutors to challenge crown court bail decisions when they fear a potentially dangerous defendant may be being bailed.” We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/17/cameron-backing-bail-law-changes http://www.ibblaw.co.uk/blog/2012/01/17/cameron-backing-bail-law-changes http://www.ibblaw.co.uk/blog/2012/01/17/cameron-backing-bail-law-changes Tue, 17 Jan 2012 14:55:47 +0000 http://www.ibblaw.co.uk/blog.xml The new HS2 rail link could cut thousands of domestic flights from Heathrow – possibly hitting jobs in west London, according to the latest figures. Initial estimates from BAA show the high speed rail line will replace between 9,000 to 10,000 air journeys every year.  Last year, there were 45,806 domestic services to and from Heathrow, but the new rail link will result in around a 22% drop. The operator’s figures are based on the full direct link to Heathrow, including the route to Leeds and Manchester, expected to be in place by 2032.  Fewer flights will be hit by phase one, due to run from London to Birmingham with an interchange at Old Oak Common, allowing for onward travel to Heathrow. Long haul routes to emerging economies could replace these free slots. There have been widespread calls for a third runway at Heathrow, with politicians urged to safeguard the economy and jobs in west London. Our team of property lawyers can advise on all aspects of buying, selling and mortgaging property. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/16/hs2-link-may-cut-heathrow-flights http://www.ibblaw.co.uk/blog/2012/01/16/hs2-link-may-cut-heathrow-flights http://www.ibblaw.co.uk/blog/2012/01/16/hs2-link-may-cut-heathrow-flights Mon, 16 Jan 2012 16:09:03 +0000 http://www.ibblaw.co.uk/blog.xml Knight Frank offers a unique aerial view of the HS2 route for affected property owners Since the controversial HS2 project was approved earlier this week (10.01.12), land and property owners along the route have been scanning maps trying to work out just how badly they will be affected. It is difficult, however, to get a clear impression from looking at a two dimensional plan. To remedy this, Knight Frank’s Mapping team has now produced a series of Google Earth-based videos that offer a bird’s eye-view of the route. The route has been split into sections, allowing property owners to look at the specific area that affects them. Click here to view the HS2 video routes. (Note: Videos of sections 7-33 are currently available on the Knight Frank website. Sections 1-6, which run through London, will be added in due course.) Michael McCullough, Head of Mapping at Knight Frank, comments: “Our website has received an astonishing number of additional visitors – over 15,000 – since HS2 was given the go ahead. Property owners are understandably concerned about the impact of this controversial scheme, so hopefully these new maps will allow them to get a more thorough understanding of its potential impact.” James Del Mar, Head of the HS2 Team at Knight Frank, adds: “Although the government has committed itself to HS2, there is currently no mechanism in place for anybody to claim compensation, other than those who qualify for the existing Exceptional Hardship Scheme – although there are helpful indications that further voluntary compensation measures will be established, and we await the details of those. “Once the route has been “Safeguarded”, the process by which the government prevents planning permission being granted along the route, the provisions of Statutory Blight apply. This is due to take place in the autumn. We very much hope that the other voluntary schemes will also be in place by then, or earlier.” For more information on HS2 and to find out how Knight Frank’s specialist team of experts can help affected property owners, please go to www.knightfrank.co.uk/hs2. For further information, please contact: James Del Mar, Head of HS2 Team, Knight Frank: +44 (0) 7767 633915, james.del.mar@knightfrank.com Michael McCullough, Head of Mapping, Knight Frank: +44 (0) 1488 688508, michael.mccollough@knightfrank.com Charlotte Palmer, Country PR Manager, Knight Frank: +44 (0) 20 7861 5037, charlotte.palmer@knightfrank.com Ends Notes to Editors Knight Frank LLP is the leading independent global property consultancy. Headquartered in London, Knight Frank and its New York-based global partner, Newmark Knight Frank, operate from 207 offices, in 43 countries, across six continents. More than 6,340 professionals handle in excess of US$886 billion (£594 billion) worth of commercial, agricultural and residential real estate annually, advising clients ranging from individual owners and buyers to major developers, investors and corporate tenants. For further information about the Company, please visit www.knightfrank.com. About Mapping Good quality plans are an essential element in effective management of property, whether supporting sales, land registration, strategic planning or the on-going management of portfolios, estates and farms. The Mapping and GIS Department has the resources and specialist mapping / surveying equipment to provide all your mapping, data capture and spatial analysis requirements. ... http://www.ibblaw.co.uk/blog/2012/01/13/knight-franks-aerial-view-of-the-hs2-route http://www.ibblaw.co.uk/blog/2012/01/13/knight-franks-aerial-view-of-the-hs2-route http://www.ibblaw.co.uk/blog/2012/01/13/knight-franks-aerial-view-of-the-hs2-route Fri, 13 Jan 2012 17:41:22 +0000 http://www.ibblaw.co.uk/blog.xml London-based workers will soon be able to rent sub-market accommodation in the capital as part of a new council scheme, it has been revealed.  Westminster’s Fair Share housing programme offers accommodation with rents that are a third cheaper than average private sector costs. Under the initiative professionals, such as performing artists, hospitality workers and market traders, who are earning the London living wage (£8.30 an hour last year) will be eligible. After a two-year period the tenants’ circumstances will be reviewed, allowing one sharer to move out with a replacement friend or tenant moving in – like in the private sector.  The scheme is an example of the plans set out in the council’s civic contract, which launched in November and pointed out how Westminster will forge stronger bonds between work and citizenship. Despite sharing being popular in the private sector, it is not the same for social housing, but this scheme will create similar conditions to the private sector, with tenants responsible for covering their own rent and contributing to shared costs. IBB has one of the largest real estate groups in West Londonand the South East, with expertise in commercial development, residential development, real estate finance, real estate investment and management, construction and real estate dispute resolution. Contact a member of the team by visiting the relevant service page, or you can call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/13/shared-social-housing-scheme-in-london http://www.ibblaw.co.uk/blog/2012/01/13/shared-social-housing-scheme-in-london http://www.ibblaw.co.uk/blog/2012/01/13/shared-social-housing-scheme-in-london Fri, 13 Jan 2012 15:08:29 +0000 http://www.ibblaw.co.uk/blog.xml Legal experts have warned that plans to use mediation in more divorce cases could unfairly disadvantage many families. Justice minister Jonathan Djanogly has said he wants to see more separating couples choosing mediation to agree childcare arrangements. But family law body Resolution said the process could be unsuitable in up to two fifths of cases, for example when either partner is abusive or uncooperative.  The organisation also warned that plans to cut legal aid by £350 million a year would create “devastating consequences” for the family courts system. The proposal, outlined in the Legal Aid, Sentencing and Punishment of Offenders Bill, is expected to face fierce opposition when the Bill reaches the House of Lords.  Resolution carried out a study of more than 13,300 legal aid proceedings involving its members and found that mediation would be inappropriate in up to 41% of cases. Chairman David Allison welcomed Government plans to reduce the number of family cases going through the court system, but said support must be made available in cases where mediation is inappropriate. Mr Allison said: “We are concerned that, by focusing so heavily on mediation, the Government will punish those for whom it simply won’t work through no fault of their own – for example, if they have an abusive or uncooperative partner.” Our Mediation team has six ADR Group Accredited Mediators who have experience in a comprehensive range of commercial and real estate disputes. For advice, contact a member of the team, call 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/12/warning-over-family-mediation-plans http://www.ibblaw.co.uk/blog/2012/01/12/warning-over-family-mediation-plans http://www.ibblaw.co.uk/blog/2012/01/12/warning-over-family-mediation-plans Thu, 12 Jan 2012 14:42:38 +0000 http://www.ibblaw.co.uk/blog.xml Planned legal aid budget cuts would be a false economy and could end up costing the state millions of pounds in hidden knock-on costs, the Government has been warned. Justice Secretary Kenneth Clarke has said the existing legal aid system is neither affordable nor sensible and faces an “existential crisis”. But a study found the coalition’s proposal to cut legal aid in clinical negligence cases – officially estimated to save the Ministry of Justice about £10.5 million – could cost the Treasury some £28.6 million elsewhere, mainly in NHS expenditure. The report, carried out by King’s College London for the Law Society, was published as the Government’s Legal Aid, Sentencing and Punishment of Offenders Bill faced scrutiny in the House of Lords. It concluded that the proposed reforms, which have already been delayed for six months, were “unlikely to make a significant contribution to reducing the fiscal deficit”. Alexander Mahdavi, Trainee Solicitor in IBB’s Personal Injury team, comments: “The King’s Fund has demonstrated that while these changes might save the Ministry of Justice some money in the short term, the NHS will face costs which more than wipe out any such savings. “Real joined-up reform is needed to cut the costs to the NHS of clinical negligence claims, but the way to do that is to address quality issues in the care provided by the NHS, and not by tinkering with the relatively miniscule Legal Aid budget. This is a case of one minister cutting their own budget with no regard for the overall public costs to the taxpayer.” IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/11/legal-aid-cuts-are-false-economy http://www.ibblaw.co.uk/blog/2012/01/11/legal-aid-cuts-are-false-economy http://www.ibblaw.co.uk/blog/2012/01/11/legal-aid-cuts-are-false-economy Wed, 11 Jan 2012 13:06:24 +0000 http://www.ibblaw.co.uk/blog.xml The contentious proposal for a multibillion-pound high-speed railway line through England has been given the green light.  Transport Secretary Justine Greening admitted concessions had to be made to “appease” opponents of the project, known as HS2, meaning more tunnels will be included on the line in an attempt to mitigate its damaging effects.  She said she acknowledges that the high-speed railway has “generated strong feelings”. Some opponents argue that the line offers no tangible benefit to business, despite its high cost, and that no money exists to pay for a project which comes with a £32.7 billion price tag.  The tracks will run through swathes of picturesque countryside. The first section of the railway will run between Birmingham (Curzon Street) and London (Euston).  Ms Greening insisted the high-speed network will mean extra seats and better connections for passengers, the creation of jobs, and growth and prosperity for the whole country.  The Government said the benefit-cost ratio has become smaller because of the state of the economy. It said the revised economic benefit of between £1.80 and £2.50 being generated from every £1 spent on the new railway is still “convincing”.  London’s Euston Station is to be rebuilt for the high-speed network, while a new city centre station will be built in Birmingham’s Curzon Street. Our team of property lawyers can advise on all aspects of buying, selling and mortgaging property. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/10/hs2-earns-final-approval http://www.ibblaw.co.uk/blog/2012/01/10/hs2-earns-final-approval http://www.ibblaw.co.uk/blog/2012/01/10/hs2-earns-final-approval Tue, 10 Jan 2012 16:19:02 +0000 http://www.ibblaw.co.uk/blog.xml Following concern expressed over the breast implants made by Poly Implant Protheses (“PIP”) the Government ordered an urgent review, cognisant that the implants may have been used in over 40,000 women in Britain. This review was carried out notwithstanding the opinion of the UK watchdog, the Medicines and Healthcare products Regulatory Agency (“MHRA”), that the risk of a PIP implant rupturing is just 1%. Sir Bruce Keogh, NHS Medical Director has now delivered an interim report upon the health risks from PIP implants, involving an expert group. The main conclusions of the interim report are that there is no clear evidence at present that patients with a PIP implant are at greater risk of harm than those with other implants. Consequently, the group agree with the MHRA advice that there is no specific safety concern identified which requires a recommendation of routine removal of PIP implants. The experts have considered the available evidence, which is not determinative, and therefore recommend additional information be collated and a further report be produced, so that a more informed view can be taken. The overriding concern of the group is the safety and compassionate treatment of women with PIP breast implants. Therefore, it further recommends that where women have received a PIP implant as part of NHS treatment, they should be contacted to inform them that they have a PIP implant. Secondly, those patients should be provided with relevant information and advice. They should be offered further procedures subject to clinical need and taking full account of the wishes and concerns of the patient. The group make recommendations that the private sector take similar action. This interim report will do little to address the fears of patients following the concerns expressed in France, when surgeons noticed the breast implants ruptured more easily than others. In a police interview in 2010, PIP’s owner Jean-Claude Mas admitted the company had deceived European safety inspectors “without a problem” for 13 years by ordering employees to hide the unauthorised silicone when they visited its factory. The company used industrial grade silicone rather than medical grade material, which has passed safety tests for use in a human body. As a result of the investigation PIP was shut down in 2011 by the French Government. Notwithstanding the concerns of the French, Germany, Czech Republic and Venezuela Governments, the British administration is less anxious. However, there is not a consensus across the political spectrum. Companies which sell cosmetic surgery are duty-bound to help women who have had faulty breast implants, a Labour MP has said. Such firms should honour their responsibilities and offer help to their patients who have had the surgery, according to shadow health secretary Andy Burnham. Mr Burnham said the companies which provided the surgery should pay for women to have consultations with a doctor to talk about what they can do. Health Secretary Andrew Lansley, speaking to BBC Radio 4′s Today programme, agreed. He said: “The industry should meet that cost (of GP consultations). “You get the distinct impression here we are dealing with an industry that’s good at the sales pitch and taking the money up front but less good at the after-care and facing up to responsibilities when things go wrong.” Mr Lansley said the cosmetic surgery companies are “evading responsibilities”, adding: “I would ensure that people who have had a problem, where there has been evidence of rupture, that they get immediate corrective surgery paid for by the private cosmetic surgery industry. “It’s just not acceptable to hear they have refused to do that.” This lack of consensus from scientists and politicians will leave patients anxious. Some patients may seek legal redress, perhaps compensation for personal injury, particularly those who have already suffered ruptures. They will have suffered some physical harm, psychological upset and perhaps also undergone secondary procedures to replace those implants, perhaps with further implants made by PIP. The outcome of such litigation will be influenced by the further findings of the expert group led by Sir Bruce Keogh. ... http://www.ibblaw.co.uk/blog/2012/01/09/poly-implant-protheses-pip-uncertainty-continues http://www.ibblaw.co.uk/blog/2012/01/09/poly-implant-protheses-pip-uncertainty-continues http://www.ibblaw.co.uk/blog/2012/01/09/poly-implant-protheses-pip-uncertainty-continues Mon, 09 Jan 2012 15:26:08 +0000 http://www.ibblaw.co.uk/blog.xml Up to half the current number of laws designed to protect people from danger are to be abolished, under plans by the Prime Minister to “kill of the health and safety culture for good”. David Cameron says adhering to health and safety legislation costs companies billions of pounds a year and is like “an albatross around the neck of British businesses”. He said the Health and Safety Executive has now been asked to accelerate the abolition (or consolidation) of around half the number of regulations, which cover problems such as dangerous workplaces. Mr Cameron said he also wants to limit the amount of money lawyers can be paid in small-value personal injury cases brought by workers against their employers. Addressing representatives of small companies in Maidenhead, Berkshire, he admitted that 2012 will be “a difficult year” for businesses but insisted that the Government will not “stand back” from scrapping such legislation. He told the audience: “It’s a year when the Government’s going to roll up its sleeves and ask: What can we do to help business, to help consumers, to help our economy get moving and to help our economy provide jobs for young people?” Laura Thompson, Solicitor in IBB’s Personal Injury team, comments: “The Prime Minister’s suggestion here is of an extension of the claims process implemented in 2010 in respect of low-value claims arising from Road Traffic Accidents.  Despite this being implemented almost two years ago, there remain a number of issues with this process, in particular with the IT systems in place to deal with such claims.  “If the system to be developed is funded by all employers’ liability insurers in the same way as that applicable to road traffic accidents, it is likely to be at considerably greater a cost on the basis that the issues involved in such cases vary widely.   The system would need to account for several eventualities, otherwise the majority of cases could fall out of the process and make the enterprise a fruitless one.  “It would be far too early to consider developing a similar process for other claims at this stage while so many issues remain in that which already exists.” IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/09/health-and-safety-laws-to-be-cut http://www.ibblaw.co.uk/blog/2012/01/09/health-and-safety-laws-to-be-cut http://www.ibblaw.co.uk/blog/2012/01/09/health-and-safety-laws-to-be-cut Mon, 09 Jan 2012 13:34:11 +0000 http://www.ibblaw.co.uk/blog.xml The Government has been urged to keep faith in its plans for a high-speed rail link. After postponing their original decision on the HS2 plans, ministers are expected to announce whether the London and Birmingham line will go ahead this month. And they have been offered encouragement by business leaders, economists and unions to stick with their plans for the railway project. Those advocating the scheme have written to the Financial Times, Daily Telegraph and the Guardian, emphasising the positive impact it could have on employment and economic growth. John Longworth, director general of the British Chambers of Commerce, is among those who have added their names to the letters. Economists explained in their letter to the Financial Times that as many as one million jobs could be created by the HS2 scheme. In The Telegraph meanwhile, experts said that the country’s long-term growth could be hampered by its current “poor infrastructure”. “The absence of a high-speed rail line connecting the northern parts of Britain to London and the European Union is a continuous embarrassment to those promoting British business overseas,” they told the newspaper. Our team of property lawyers can advise on all aspects of buying, selling and mortgaging property. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/06/economists-pledge-support-to-hs2-scheme http://www.ibblaw.co.uk/blog/2012/01/06/economists-pledge-support-to-hs2-scheme http://www.ibblaw.co.uk/blog/2012/01/06/economists-pledge-support-to-hs2-scheme Fri, 06 Jan 2012 12:34:03 +0000 http://www.ibblaw.co.uk/blog.xml Small businesses have not benefited from the Government’s moratorium on employment law, according to a new piece of research. The moratorium, which was introduced in April last year, is also expected to have little impact in 2012 as business owners will only be able to dodge a single rule on equality legislation. John Walker, chairman of the Federation of Small Businesses, said: “The Government has talked a good game on deregulation. But small firms are still waiting to see action on the ground that matches the rhetoric. “Firms have still had to get to grips with big changes in employment law and the moratorium for micro-firms is still to take effect.” He has urged the Government to examine employment law from Brussels and not just focus solely on domestic legislation. Alexander Ehmann, head of regulatory affairs at the Institute of Directors, claimed that the Government faces a “credibility gap” unless it finds a way to make the moratorium benefit smaller businesses. He said: “It’s the Emperor’s New Clothes. The moratorium exists but it hasn’t been applied to anything. Unless it is applied to something it is meaningless.” Mr Ehmann also pointed out that the scheme could easily be applied to most of the employment laws introduced last year, including the default retirement age. Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/05/no-moratorium-benefits-for-small-firms http://www.ibblaw.co.uk/blog/2012/01/05/no-moratorium-benefits-for-small-firms http://www.ibblaw.co.uk/blog/2012/01/05/no-moratorium-benefits-for-small-firms Thu, 05 Jan 2012 13:37:50 +0000 http://www.ibblaw.co.uk/blog.xml Being married is the “gold standard” for couples with children, a senior judge has claimed. Sir Paul Coleridge, who sits in the High Court, said he wants people to mend relationships rather than end them, avoiding a “recycling” attitude. The 62 year old, who himself has been married for about 40 years, laments the trend for increased divorce rates in the UK. Speaking to The Times newspaper, he said lawyers have made a fortune from the societal breakdown of marriage and that now is the time “to put something in”. Sir Paul added: “My focus is on the children. I am unashamedly advocating marriage as the gold standard for couples where children are involved.” The most up-to-date statistics show a continued increase in the number of couples getting divorced. The 113,949 divorces registered in 2009 rose 4.9% over a single year to 119,589 in 2010. Meanwhile, in 1970 one in five marriages were terminated before the couple’s 15th anniversary, whereas in 1995 one in three ended in divorce after the same length of time. Our Family and Matrimonial team helps families across West London and Bucks. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/04/marriage-top-scenario-for-parents http://www.ibblaw.co.uk/blog/2012/01/04/marriage-top-scenario-for-parents http://www.ibblaw.co.uk/blog/2012/01/04/marriage-top-scenario-for-parents Wed, 04 Jan 2012 15:12:25 +0000 http://www.ibblaw.co.uk/blog.xml Companies which sell cosmetic surgery are duty-bound to help women who have had faulty breast implants, a Labour MP has said. Such firms should honour their responsibilities and offer help to their patients who have had the surgery, according to shadow health secretary Andy Burnham. Breast implants made by Poly Implant Prothese (PIP), using cheaper industrial silicone which could rupture while inside the body, are thought to have been used on as many as 40,000 women in Britain. PIP, a company based in France, was shut down in 2011 by the French government. But, according to UK watchdog the Medicines and Healthcare products Regulatory Agency, the risk of a PIP implant rupturing is just 1% and removing them from women is not necessary. Mr Burnham said the companies which provided the surgery should pay for women to have consultations with a doctor to talk about what they can do. Health Secretary Andrew Lansley, speaking to BBC Radio 4′s Today programme, agreed. He said: “The industry should meet that cost (of GP consultations). “You get the distinct impression here we are dealing with an industry that’s good at the sales pitch and taking the money up front but less good at the after-care and facing up to responsibilities when things go wrong.” Mr Lansley said the cosmetic surgery companies are “evading responsibilities”, adding: “I would ensure that people who have had a problem, where there has been evidence of rupture, that they get immediate corrective surgery paid for by the private cosmetic surgery industry. “It’s just not acceptable to hear they have refused to do that.” IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2012/01/03/implant-firms-have-duty-of-care http://www.ibblaw.co.uk/blog/2012/01/03/implant-firms-have-duty-of-care http://www.ibblaw.co.uk/blog/2012/01/03/implant-firms-have-duty-of-care Tue, 03 Jan 2012 13:52:27 +0000 http://www.ibblaw.co.uk/blog.xml Campaigners have renewed their calls for tax breaks for married couples after EU figures showed Britain has amongst the highest number of one-parent families. About 20% of children live with either their mother or father, a figure which is far higher than in Germany, France and the countries of Scandinavia. Researcher Patricia Morgan said the number of one-parent families in other major European countries was lower because married couples receive help from governments through their tax and benefit systems.  ‘In France, people get help if they draw up legal family contracts,” Ms Morgan said. “In Germany, Holland and Italy, married people get tax relief and tax relief for children.” As well as having among the lowest number of married families, there are fewer stable cohabiting relationships in the UK compared with other EU nations. Conservative MPs are keen to see tax breaks for married couples but Deputy PM Nick Clegg, leader of the Lib Dems, recently warned against such a move.  He said “strong relationships between parents are important” but it is not the job of the Government to favour a particular type of family. Our Family and Matrimonial team helps families across West London and Bucks. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/12/29/uk-has-more-one-parent-families http://www.ibblaw.co.uk/blog/2011/12/29/uk-has-more-one-parent-families http://www.ibblaw.co.uk/blog/2011/12/29/uk-has-more-one-parent-families Thu, 29 Dec 2011 13:32:10 +0000 http://www.ibblaw.co.uk/blog.xml UK agency workers are in line to benefit from new employment rights which came into force last week. Employees might receive improved working conditions and higher wages as a result of the Agency Workers Directive, which was originally introduced at the start of October. The rules are designed to ensure that agency workers are given the same rights as directly employed staff members if they are in a job for more than 12 weeks. Holidays, sick pay and maternity leave are among the rights which could be improved as a result of the changes, unions have suggested. Communication Workers Union (CWU) general secretary Billy Hayes said the rule changes will provide a timely festive gift to agency staff. He stated: “Six years after the launch of the CWU’s campaign in 2006, hundreds of thousands of agency workers across the UK can now finally look forward to some basic employment fairness. “Not so very much to ask for, you would have thought, yet it’s been a fight that has pitched the trade union movement against successive UK governments and commercial interests.” Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/12/28/new-employment-rights-for-agency-staff http://www.ibblaw.co.uk/blog/2011/12/28/new-employment-rights-for-agency-staff http://www.ibblaw.co.uk/blog/2011/12/28/new-employment-rights-for-agency-staff Wed, 28 Dec 2011 12:24:19 +0000 http://www.ibblaw.co.uk/blog.xml A think-tank has claimed that the costs associated with implementing new equality regulations will “far outweigh” the benefits.  Civitas said Britain’s growth and job opportunities will be impeded by the burden of complying with last year’s Equality Act, which was one of the final pieces of legislation introduced by the former Labour government.  It states in the Act that between £102-£134 million can be saved during the first year, with £25-£87 million every year after that, to quickly recoup the £241-£283 million cost of its introduction.  The Government Equalities Office’s impact assessment shows that the Act could save between £40-£674 million.  However, Civitas statistician Nigel Williams has claimed that many of these savings are “largely imaginary” and the introduction costs will be higher than predicted. The Act made anti-discrimination laws more streamlined, banning unfair treatment and creating equal opportunities in both the workplace and wider society.  A Home Office spokesman said: “We do not accept the Civitas assessment.” Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/12/23/civitas-questions-cost-of-equality-act http://www.ibblaw.co.uk/blog/2011/12/23/civitas-questions-cost-of-equality-act http://www.ibblaw.co.uk/blog/2011/12/23/civitas-questions-cost-of-equality-act Fri, 23 Dec 2011 12:23:29 +0000 http://www.ibblaw.co.uk/blog.xml Hundreds of British women are planning to take legal action amid fears their breast implants are linked to cancer. A scandal erupted when it emerged the product manufactured by the now-defunct French company Poly Implant Prostheses (PIP) was made using cheap industrial silicone instead of medical-grade supplies. At least 250 women in the UK intend to sue the six UK clinics at which they underwent surgery to be fitted with the PIP implants, according to the Guardian. State authorities in France are expected to offer up to 30,000 women with these types of implant the opportunity to have them taken out. But regulators in the UK insist there is no link with cancer and therefore no need for them to be removed. IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/12/22/uk-women-plan-to-sue-over-implants http://www.ibblaw.co.uk/blog/2011/12/22/uk-women-plan-to-sue-over-implants http://www.ibblaw.co.uk/blog/2011/12/22/uk-women-plan-to-sue-over-implants Thu, 22 Dec 2011 13:50:33 +0000 http://www.ibblaw.co.uk/blog.xml The legal aid system will need to be streamlined in order to ensure its survival, according to the justice secretary. Ken Clarke said the system currently faces an “existential crisis” and it must not offer NHS-style services which cater for “any need”. Writing in The Guardian, the minister indicated that only those in real need should be provided with legal support. He stated: “That does not mean that people must have taxpayer-funded legal help for whatever they want, whenever they want. “This is neither affordable, nor sensible, when there are often better ways to resolve disputes than the winner-takes-all court room.” The newspaper also reports that Lord Tebbit hopes to stop Government plans to get rid of legal aid for youngsters who are involved in medical negligence claims. The House of Lords is set to consider a bill designed to scrap legal aid in relation to things like debt, housing and employment. IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/12/21/legal-aid-must-be-streamlined http://www.ibblaw.co.uk/blog/2011/12/21/legal-aid-must-be-streamlined http://www.ibblaw.co.uk/blog/2011/12/21/legal-aid-must-be-streamlined Wed, 21 Dec 2011 12:55:25 +0000 http://www.ibblaw.co.uk/blog.xml Concerns have been raised about the high legal costs associated with no-win, no-fee cases. Lord Justice Rix questioned the costs involved in these cases following a dispute over who was to blame for a flood which occurred in a school dining room. It is thought that the costs involved in the case amounted to over £200,000. Due the involvement of a no-win, no fee agreement in the case, the appeal court judge suggested that it was “practically impossible” to settle the dispute. The Court of Appeal was asked to decide on the parties which should foot legal costs, after an earlier trial saw a judge order a construction firm to pay more than £27,000 in damages to Epsom College following the flooding incident in 2006. Commenting on the appeal case, Lord Justice Rix said it had effectively been waged between two insurers. He said that following the flood, the school’s insurers’ solicitors had set up a no-win, no fee agreement and the school blamed Bisley Construction – now renamed Pierse Contracting Southern – for the incident. The school said the firm had worked in the hall three years earlier and one of its workers had hit a nail through a water pipe. However, the claims were disputed by the construction firm. Despite the damages which the school was awarded in the initial trial, the appeal court learned that the school’s legal costs amounted to £165,000, while the firm’s had reached £60,000. IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/12/20/judge-raises-no-win-no-fee-concerns http://www.ibblaw.co.uk/blog/2011/12/20/judge-raises-no-win-no-fee-concerns http://www.ibblaw.co.uk/blog/2011/12/20/judge-raises-no-win-no-fee-concerns Tue, 20 Dec 2011 15:54:33 +0000 http://www.ibblaw.co.uk/blog.xml Britain’s biggest mining firm has been ordered to pay £1.2 million in fines and costs after four miners died following safety breaches at two sites. Trevor Steeples, Paul Hunt, Anthony Garrigan and Paul Milner died after incidents at UK Coal sites in 2006 and 2007. The company admitted offences under health and safety law in relation to the miners’ deaths during a hearing at Sheffield Crown Court. In 2006 and 2007 Mr Steeples, Mr Hunt and Mr Garrigan died after accidents at Daw Mill colliery, near Coventry. Mr Milner died after a 2007 incident at Welbeck Colliery, in Nottinghamshire, which has since closed.  Mr Justice MacDuff said that as the company was experiencing financial difficulties he would not hand out a higher penalty. UK Coal was fined £112,500 in relation to each incident and ordered to pay a further £187,500 in costs in each case. IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/12/19/uk-coal-fined-after-deaths http://www.ibblaw.co.uk/blog/2011/12/19/uk-coal-fined-after-deaths http://www.ibblaw.co.uk/blog/2011/12/19/uk-coal-fined-after-deaths Mon, 19 Dec 2011 13:24:40 +0000 http://www.ibblaw.co.uk/blog.xml A badly injured machine operator has won a damages package which could reach £4.2 million, should he live for another 20 years. The 57-year-old from Barnsley was awarded the settlement after suffering severe brain damage when he was hit in the face by a connecting metal bar fixing a grapple to a boom. Christopher Kaye was changing the grapple attachment on the excavator carrying the connecting bar when it sprang out and knocked him to the ground on a construction site in Sheffield. He underwent life-saving surgery at Sheffield Hospital but now needs 24-hour care. At first the company concerned, Euro Dismantling Services Ltd, denied responsibility but accepted nine tenths liability later, according to lawyers for Mr Kaye. The worker is to receive a £1.75 million lump sum and extra annual £135,000 payments for life following the accident in October 2008. His legal team said his training was inadequate and gear which could have enabled him to do the job more safely was only bought after the accident. The firm denied claims that a similar accident happened beforehand. Michelle Holmes, Solicitor in IBB’s Personal Injury and Clinical Negligence Team, comments: “There are risks associated with demolition, the key ones being falls from height, injury from failing materials and uncontrolled collapse of a structure. “Therefore all demolition, dismantling and structural alterations should be carefully planned and supervised by specialist project teams.  “Those responsible for a construction site and workers on the site have a duty to assess, eliminate and control the risks and provide a safe system of work.” IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/12/16/injured-worker-could-get-4-2m http://www.ibblaw.co.uk/blog/2011/12/16/injured-worker-could-get-4-2m http://www.ibblaw.co.uk/blog/2011/12/16/injured-worker-could-get-4-2m Fri, 16 Dec 2011 12:44:43 +0000 http://www.ibblaw.co.uk/blog.xml Plans are moving forward to charge people who bring a claim to an employment tribunal. The Justice Minister, Jonathan Djanogly, said if the Government introduced the fees it would discourage “unmerited and unnecessary” claims and ease the burden on taxpayers, who had to fork out for an £84 million bill last year for the running of tribunals. Business groups are for the plans, but unions said they will mean the poorest workers will be denied justice. Mr Djanogly said: “Currently, the UK taxpayer bears the entire £84 million cost per year of resolving other people’s employment disputes at tribunals. This is not sustainable. “We believe that people should pay a fair amount towards the cost of their case. Fee waivers will be available for people on low incomes to protect access to justice”. “Our proposed fees will encourage businesses and workers to settle problems earlier, through non-tribunal routes like conciliation or mediation, and we want to give businesses – particularly small businesses – the confidence to create new jobs without fear of being dragged into unnecessary actions.” The Government announced a consultation on two options; an initial fee of between £150 and £250, with an additional charge of between £250 and £1,250 if a claim goes to a hearing, with no limit to the maximum award; or a fee of £200-£600 which could rise to £1,750 for people seeking awards over £30,000. Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/12/15/plans-to-charge-staff-for-tribunals http://www.ibblaw.co.uk/blog/2011/12/15/plans-to-charge-staff-for-tribunals http://www.ibblaw.co.uk/blog/2011/12/15/plans-to-charge-staff-for-tribunals Thu, 15 Dec 2011 12:50:24 +0000 http://www.ibblaw.co.uk/blog.xml The bereaved, unmarried partner of someone who has not made a will should inherit their estate as long as they have cohabited for a minimum of five years, a report on inheritance law has urged. The proposal comes from the Law Commission which added that the figure should be lowered to two years if there are children involved, and that a bereaved wife or husband should inherit all the estate if there is no will and no children. It also wants the law simplified to help the bereaved deal with the property of a deceased family member and for adopted children who have lost a parent not to be at risk of losing an inheritance.  Under present law, spouses can have the first £250,000 and personal possessions. But they may have to share with children, siblings or parents when more is left. The report’s recommendations come after “extensive research and consultation on how the law of inheritance should operate in the 21st century”, said the commissioner who led the project, Professor Elizabeth Cooke. “It is important to have clear, modern and fair rules for dealing with the property of a person who has died,” she added. The report from the commission, which reviews and recommends law reform in England and Wales, said tens of thousands of people die annually without having made a will, with the laws on the subject dating back to 1925. For advice on issues relating to wills, trusts, probate and tax and estate planning, contact our specialist team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/12/14/inheritance-law-shake-up-urged http://www.ibblaw.co.uk/blog/2011/12/14/inheritance-law-shake-up-urged http://www.ibblaw.co.uk/blog/2011/12/14/inheritance-law-shake-up-urged Wed, 14 Dec 2011 13:55:47 +0000 http://www.ibblaw.co.uk/blog.xml A consulting firm has conducted a study which shows workers in the UK receive the most statutory holiday entitlement in Western Europe, but because of a loophole, workers in Britain actually have fewer holidays than across the rest of Europe. If the 28 days of holiday entitlement and eight public UK holidays were added together it would mean workers have 36 days off a year, equalling 10% of the yearly calendar – but businesses here are allowed to include the public holidays in the statutory 28 days. The study by Mercer showed that this actually means many UK workers have fewer holidays than the rest of the EU. Cyprus has the most public holidays in Western Europe with 15, Malta and Spain have 14, Austria and Portugal have 13, but the UK and Holland have the lowest with just eight days each. The UK’s 28 days statutory leave compares with 25 in Greece, France, Austria, Sweden, Luxembourg, Finland and Denmark, 24 in Malta, 22 in Spain and Portugal, 21 in Norway and 20 in Italy, Belgium, Germany, Cyprus, Ireland, Switzerland and Holland. Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/12/13/public-holidays-eating-into-statutory-leave http://www.ibblaw.co.uk/blog/2011/12/13/public-holidays-eating-into-statutory-leave http://www.ibblaw.co.uk/blog/2011/12/13/public-holidays-eating-into-statutory-leave Tue, 13 Dec 2011 15:40:44 +0000 http://www.ibblaw.co.uk/blog.xml Royal Bank of Scotland almost collapsed in 2008 because of poor decisions made by management, a new report has found. The Financial Services Authority (FSA) laid the blame for the collapse on “underlying deficiencies in RBS management, governance and culture”. The City watchdog also accepted that its regulation of banks was “flawed” but said the shortcomings were not caused by negligence. Instead, the deficiencies were due to a generally inadequate approach to regulating the financial system, FSA chairman Lord Turner said.  The failure of the bank cost taxpayers £45.5 billion and helped tip the UK into its worst economic crisis since the 1930s, yet no enforcement or disciplinary proceedings were brought against the bank or its managers. Lord Turner said he understands the widespread anger that no one has been seriously punished for the damage caused by the failings at RBS. He added that the Government may have to consider changing the law to make board members more liable for the consequences of their decisions. Our experienced Corporate and Commercial team provides a wide range of transactional services. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/12/12/managers-to-blame-for-rbs-failure http://www.ibblaw.co.uk/blog/2011/12/12/managers-to-blame-for-rbs-failure http://www.ibblaw.co.uk/blog/2011/12/12/managers-to-blame-for-rbs-failure Mon, 12 Dec 2011 13:36:46 +0000 http://www.ibblaw.co.uk/blog.xml A woman who had her entire stomach removed after she was wrongly told that she had cancer has been awarded compensation. The 74-year-old, who remains anonymous, underwent the procedure in December 2004 following a diagnosis blunder by staff at Cannock Chase and Stafford General Hospitals who had carried out a number of tests to determine her illness. She was informed of the misdiagnosis after she had undergone the total gastrectomy and consequently sued the Mid Staffordshire General Hospitals NHS Trust. She has received an undisclosed sum of damages for her ordeal but the Trust has refused to accept liability for the misinformation. The mistake follows another incident involving the neighbouring University Hospital of North Staffordshire NHS Trust, which paid out a sum of £400,000 in compensation to Annette McMullan after she too was misdiagnosed with cancer. IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/12/09/payout-for-needless-cancer-op-patient http://www.ibblaw.co.uk/blog/2011/12/09/payout-for-needless-cancer-op-patient http://www.ibblaw.co.uk/blog/2011/12/09/payout-for-needless-cancer-op-patient Fri, 09 Dec 2011 14:05:15 +0000 http://www.ibblaw.co.uk/blog.xml The UK will fight vehemently with legal action over welfare entitlements for non-EU nationals, the employment minister has declared. Chris Grayling said the UK will face a “big problem” if it were to lose the case, and defended his decision to approach the European Court of Justice.  Action is being taken against Brussels over rules which the UK believes may allow people from European countries outside the EU to get benefits without working or paying taxes in the UK. The UK argues it has an opt-out, under existing treaties, from rules introduced last year to “co-ordinate social security systems” between the European Union and European Economic Area countries – Norway, Iceland and Liechtenstein. Mr Grayling told the Commons European Scrutiny Committee that vital principles are at stake and that the UK will fight the battle “every inch of the way,” although it is not picking a fight.  He admitted the countries involved are “long-standing trading partners”, and there is “no immediate pressure of people turning up at the door and saying give us access to benefits.” Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/12/08/uk-to-fight-brussels-over-welfare http://www.ibblaw.co.uk/blog/2011/12/08/uk-to-fight-brussels-over-welfare http://www.ibblaw.co.uk/blog/2011/12/08/uk-to-fight-brussels-over-welfare Thu, 08 Dec 2011 13:49:50 +0000 http://www.ibblaw.co.uk/blog.xml Legal costs for Royal College of Nursing (RCN) members have trebled over five years to £5 million a year due to an increasing number of larger claims being made, research suggests. Nursing in Practice discovered that payouts for negligence claims made against RCN practice nurse members soared by nearly £2 million last year alone, more than twice its £2.15 million legal bill for 2007 and more than three times the £1.48 million it paid out in legal costs the year before. The soaring legal costs are largely attributed to the fact that the size of negligence claims have risen at an alarming pace since 2006, with some now exceeding £1 million. Chris Cox, RCN legal director, said: “We saw the first million-pound claim against an RCN member in 2008/2009 and the volume of such significant claims has been rising ever since,” he said. “We had a handful of legal claims exceeding a million pounds during 2010/2011 – the highest number we’ve ever had. “This has made a huge difference to the overall figures.” This trend is thought to have influenced the RCN’s decision to withdraw indemnity cover for its registered practical nurses. From January, GP employers will have to take legal and financial responsibility for the actions of their nurses. Nursing in Practice also discovered that an increasing number of serious legal claims have been levelled at nurses in the last decade. IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/12/07/rcn-negligence-costs-soar-to-5-million http://www.ibblaw.co.uk/blog/2011/12/07/rcn-negligence-costs-soar-to-5-million http://www.ibblaw.co.uk/blog/2011/12/07/rcn-negligence-costs-soar-to-5-million Wed, 07 Dec 2011 15:48:11 +0000 http://www.ibblaw.co.uk/blog.xml The Supreme Court will hear six separate test case actions over eight days, brought forward by the victims of asbestos-related cancer and their families. Lawyers representing the claimants said the reason behind bringing the cases to the judges is to try and get some clarity on this area of law with regards to damages. A Court of Appeal ruling in 2010 found that only some sufferers could recover damages for injuries sustained decades ago at work.  Asbestos exposure in the workplace can lead to fatal lung disease mesothelioma, the symptoms of which can sometimes take 50 to 60 years to emerge. The Supreme Court proceedings will focus on the debate regarding at what point liability for exposure should be activated. In 2008, the High Court ruled that employers’ insurers were liable for damages at the time of workplace asbestos exposure for proceeding claims for mesothelioma.  However, the appeal court judges were unable to agree on the ruling, causing the victims and their families to come to the Supreme Court. The Appeal Court had said that in some cases the onus lay with the insurers when symptoms first began to show and not the employers. IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/12/06/supreme-court-hears-asbestos-cases http://www.ibblaw.co.uk/blog/2011/12/06/supreme-court-hears-asbestos-cases http://www.ibblaw.co.uk/blog/2011/12/06/supreme-court-hears-asbestos-cases Tue, 06 Dec 2011 14:20:29 +0000 http://www.ibblaw.co.uk/blog.xml The planned HS2 high-speed rail line between London and Birmingham has temporarily hit the buffers after a decision on whether it should go ahead was delayed until next year. The project is expected to slash journey times between the two cities to 49 minutes. Transport Secretary Justine Greening has delayed the decision in order to look at whether a tunnel can be built to lessen the impact on the Chilton Hills landscape.  Opponents, including some Tory MPs, have raised concerns about the environmental impact and affordability of the project.  Ms Greening has asked for feasibility and environmental studies to be carried out, with a final decision expected to be made in January.   The 100-mile rail link has been estimated to cost around £32 billion to build, with construction work planned for between 2016 and 2026. Shadow Transport Secretary Maria Eagle said: “By accepting that the current proposals on the table are not right, the Government has opened up a real opportunity to get this vital project right. “It’s a welcome start but Ministers should now go further, stop being dogmatic and use this pause to finally take up our offer to work together on a long term strategy for both high speed rail and aviation.” Our team of property lawyers can advise on all aspects of buying, selling and mortgaging property. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/12/05/approval-delay-on-high-speed-line http://www.ibblaw.co.uk/blog/2011/12/05/approval-delay-on-high-speed-line http://www.ibblaw.co.uk/blog/2011/12/05/approval-delay-on-high-speed-line Mon, 05 Dec 2011 14:28:38 +0000 http://www.ibblaw.co.uk/blog.xml Legal action is being taken by the Government to stop non-EU migrants from having access to the UK’s welfare system. Members of the the European Economic Area (EEA) such as Norway, Iceland and Liechtenstein could soon gain access to the social security system under proposals being considered in Brussels. But Employment Minister Chris Grayling said that non-active migrants from outside the EU should not be able to access the system if they have never worked or contributed to the UK. In a written statement Mr Grayling said proposals to alter the social security provisions of the EEA Agreement would be challenged by the Government. “I believe this action demonstrates how seriously the Government takes our obligation to protect our rights under the Treaty on the Functioning of the European Union,” he said. MPs announced the challenge on Friday after initiating legal action on August 16 by submitting an application to the Court of Justice of the European Union. Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/12/02/eea-welfare-access-to-be-challenged http://www.ibblaw.co.uk/blog/2011/12/02/eea-welfare-access-to-be-challenged http://www.ibblaw.co.uk/blog/2011/12/02/eea-welfare-access-to-be-challenged Fri, 02 Dec 2011 13:44:00 +0000 http://www.ibblaw.co.uk/blog.xml A senior judge has expressed concern over the impact of legal aid cuts on family cases and the protection of children. Sir Nicholas Wall, President of the Family Division, believes that the nature of child custody cases is already too adversarial with children used as “ammunition” after relationships have broken up. Sir Nicholas said judges should play a greater role in trying to calm down such situations by adopting a more hands on approach, rather than just being there to decide the outcome of a particular case. He said that adversarial proceedings were never the best way to settle disputes and fears the situation could be made worse if more parents have to represent themselves due to cuts to legal aid. And Sir Nicholas, who is head of all family court judges, said in many cases the adversarial court disputes between parents often left children “very damaged”. He said: “It has long been my view that adversarial proceedings are often not the best way to resolve family disputes. “Too often parents use their children as the battleground (and sometimes the ammunition) to re-fight the rights and wrongs of the relationship. Children are often very damaged by this process.” Our Family and Matrimonial team helps families across West London and Bucks. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/12/01/judge-plea-for-family-court-changes http://www.ibblaw.co.uk/blog/2011/12/01/judge-plea-for-family-court-changes http://www.ibblaw.co.uk/blog/2011/12/01/judge-plea-for-family-court-changes Thu, 01 Dec 2011 15:37:58 +0000 http://www.ibblaw.co.uk/blog.xml George Osborne has announced further initiatives to cut the burden of health and safety regulations for small businesses, following on from proposals earlier in the week on reducing the red tape involved in personal injury claims. The Chancellor said this was one of the ways to help make such firms competitive, while outlining a series of other reforms in relation to employment law  -including regulations covering the pay and conditions of workers when they switch from the public to the private sector. Addressing MPs in his Autumn Statement, he said that he wants to make it easier for firms to recruit people and is now looking at how Transfer of Undertakings (Protection of Employment) Regulations (Tupe) could be best reformed. He said one of the issues that dissuaded small firms from hiring people was the fear of incurring huge contests if taken to an employment tribunal.  He said was exploring the ideas of “compensated no-fault dismissal” for firms with less than 10 workers and speeding up collective redundancy. He said: “This Government has introduced flexible working practices and we are committed to fair rights for employees. But what about the right to get a job in the first place? “Or the right to work all hours running a small business and not be sued out of existence by the costs of an employment tribunal?” Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/30/osborne-unveils-further-reforms http://www.ibblaw.co.uk/blog/2011/11/30/osborne-unveils-further-reforms http://www.ibblaw.co.uk/blog/2011/11/30/osborne-unveils-further-reforms Wed, 30 Nov 2011 13:51:59 +0000 http://www.ibblaw.co.uk/blog.xml Businesses have supported health and safety law reform plans put forward by the Government, saying the red tape involved in adhering to such rules is out of proportion to employees’ risks. Constant form-filling and high compliance costs were singled out by the British Chambers of Commerce (BCC) in its backing for the plans to simplify regulations. Proposals in the Löfstedt Report included axing “strict liability” which entails automatic responsibility for employers over workplace accidents or injuries regardless of any prevention measures they took. Health and safety rules sometimes created an unnecessary burden, said Adam Marshall, policy director at the BCC, which represents smaller companies. Mr Marshall said that while no employers want accidents, firms will welcome the “evidence-based conclusions of Professor Ragnar Löfstedt’s review of health and safety, as well as the Government’s promise to swiftly implement its findings” Meanwhile, a senior figure in manufacturers’ body the EEF urged the Government to ensure any proposed rules are “risk and evidence based”.  Clarifying duties on everyday issues like use of a stepladder or testing electronic appliances mean the Government could help remove costs and give businesses greater confidence to grow, said its health and safety head Terry Woolmer. IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/29/body-backs-work-safety-reform-plans http://www.ibblaw.co.uk/blog/2011/11/29/body-backs-work-safety-reform-plans http://www.ibblaw.co.uk/blog/2011/11/29/body-backs-work-safety-reform-plans Tue, 29 Nov 2011 14:30:01 +0000 http://www.ibblaw.co.uk/blog.xml Between a third and half of all health and safety regulations in the workplace will be axed under Government plans to reduce burdens on business. One million self-employed people will enjoy a huge reduction in paperwork when they are made exempt from health and safety rules. Council health and safety inspectors will also be kept in check in order to reduce the red tape burden on companies which is estimated to cost them hundreds of millions of pounds annually. The radical reforms, which include scrapping a law which holds employers responsible for almost any accident involving their staff, are proposed in a report by Professor Ragnar Lofstedt, from King’s College London. Employment minister Chris Grayling will use the report to urge the European Union to use a 2013 review to cut the number of health and safety directives which apply to Britain. Mr Grayling said: “I start from the principle that health and safety is about saving lives and stopping serious injury in the workplace. It is not about interfering in the running of decent businesses.  “We want to put greater responsibility on the individual for their own conduct, rather than assuming that the employer has to nanny them in all circumstances.” Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/28/health-and-safety-rules-to-be-axed http://www.ibblaw.co.uk/blog/2011/11/28/health-and-safety-rules-to-be-axed http://www.ibblaw.co.uk/blog/2011/11/28/health-and-safety-rules-to-be-axed Mon, 28 Nov 2011 13:49:01 +0000 http://www.ibblaw.co.uk/blog.xml Whether or not a marriage ceremony is conducted for a gay couple should be a decision made by individual priests and parishes, according to an MP. Labour’s Ben Bradshaw urged the Church of England to allow autonomy on whether same-sex weddings can take place in any given church. The Government plans to remove the legal discrimination of barring people of the same sex from creating a so-called civil partnership in religious buildings. The move follows the House of Lords changing the Equality Act to remove the ban on holding such ceremonies on religious premises. The Church of England, however, is opposed to the idea. Addressing the House of Commons, Mr Bradshaw asked: “Given when the law changes to allow civil partnerships to be conducted on religious premises, and given that many Church of England priests and parishes will want to conduct such ceremonies, would it not be better for the Church of England to do what it did when it first allowed the re-marriage of divorcees in church and allow the individual priests and parishes to make the decision?” Representing Church commissioners, Tory MP Tony Baldry replied: “In its pastoral statement in July 2005, the House of Bishops confirmed that clergy of the Church of England should not provide services of blessing to those who register a civil partnership.” Our Family and Matrimonial team helps families across West London and Bucks. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/25/same-sex-service-up-to-priest http://www.ibblaw.co.uk/blog/2011/11/25/same-sex-service-up-to-priest http://www.ibblaw.co.uk/blog/2011/11/25/same-sex-service-up-to-priest Fri, 25 Nov 2011 14:03:48 +0000 http://www.ibblaw.co.uk/blog.xml An NHS trust which hit the headlines over its quality of care has paid compensation to the family of a boy after staff failed to remove a tube inserted in his windpipe to help him breathe following his birth. Clare Thomas described how her son Owen coughed up the tube after she slapped his back to help him breathe when he started to choke and turned blue 10 days after the birth in February 2007 at Stafford Hospital. The six-inch piece of PVC had been inserted after one of Owen’s shoulders became stuck during the delivery, causing him to need help with his breathing. But doctors failed to remove the endotracheal tube when he began to breathe properly on his own again. Following the incident, the family took legal action against Mid Staffordshire NHS Foundation Trust, which confirmed the case had been settled with an undisclosed sum in clinical negligence compensation. In 2010, an inquiry into the quality of care at Stafford General Hospital between 2005 and March 2009 highlighted “shocking failures”. IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/24/trust-settles-baby-negligence-case http://www.ibblaw.co.uk/blog/2011/11/24/trust-settles-baby-negligence-case http://www.ibblaw.co.uk/blog/2011/11/24/trust-settles-baby-negligence-case Thu, 24 Nov 2011 13:40:18 +0000 http://www.ibblaw.co.uk/blog.xml A package of measures designed to reform the employment tribunal system has been unveiled by the Government. If adopted, the proposals would see all claims by workers go before conciliation service Acas before a tribunal could get under way. A “rapid resolution scheme” would be created to deal with less complicated claims while there are also plans for a regional pilot scheme to help smaller businesses gain access to mediation services. It is hoped the measures will save millions of pounds, helping businesses in their recruitment and redundancy processes while still being “fair” to employees. Business Secretary Vince Cable is also seeking views on whether the 90-day redundancy consultation period could be lowered to just 30 days. Mr Cable believes that the proposals form the “most radical reform package for decades”. Also, from April 2012, it is being proposed that the period to make a claim could go up from one to two years of employment. Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/23/employment-tribunal-change-unveiled http://www.ibblaw.co.uk/blog/2011/11/23/employment-tribunal-change-unveiled http://www.ibblaw.co.uk/blog/2011/11/23/employment-tribunal-change-unveiled Wed, 23 Nov 2011 14:58:41 +0000 http://www.ibblaw.co.uk/blog.xml A debate has been sparked over recommendations to the Government on changes in dealing with employees on long-term sick leave. An independent review said currently absentees are often “pushed away” from the workplace and offered little help in returning to their job quickly. The review recommended a new Independent Assessment Service that employers and GPs can refer long-term sickness absence cases to for advice, claiming that employers could save around £100 million a year from reductions to sick pay bills. TUC general secretary Brendan Barber said the current sick leave certification method does not need changing, but the review was welcomed by business leaders with 70% of firms believing the current rules on tackling absence are a burden. John Longworth, Director General of the British Chambers of Commerce, said: “The existing ‘fit note’ system does not work for business. Since employers want individuals back in the workplace as soon as they are able, the proposal for a thorough assessment at four weeks will boost employer confidence.” Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/22/sick-leave-plans-spark-controversy http://www.ibblaw.co.uk/blog/2011/11/22/sick-leave-plans-spark-controversy http://www.ibblaw.co.uk/blog/2011/11/22/sick-leave-plans-spark-controversy Tue, 22 Nov 2011 15:57:14 +0000 http://www.ibblaw.co.uk/blog.xml People being deported from the UK will soon no longer be able to turn to the European Court of Human Rights and appeal against the decision made by the British Government, according to the Justice Secretary. The Daily Telegraph reported that Ken Clarke has said an agreement will be reached next year to prevent people from challenging any deportation ruling. A conference scheduled for April will make agreement on it. The Telegraph quoted the minister as saying he wants an end to scenarios in which “everybody who’s just lost his arguments about deportation should be able to go (to the European court) and get in the queue, wait a few years to get it all reheard again when he’s lost the argument three times already”. In an interview with the newspaper, Mr Clarke said: “What we are trying to do is get the role of the court sorted out so that it deals with serious human rights issues of the kind that require an international court.  “We want the court back to its proper business as an international court which takes up serious issues of principle when a member state or its courts or its parliament are arguably in serious breach of the (European Human Rights) convention.” The UK now chairs the Council of Europe which oversees the human rights court, a position it will hold for the next six months. Mr Clark went on: “To get any decision out of any international body usually takes at least 20 years. You would take the first two years trying to agree to where to put the commas in the memorandum. (But) it’s not like that.” He insisted: “A lot of member states have been pushing for similar things and a lot of them believe a British chairmanship is the best time to deliver it. And they think we’re the best hope of drawing this to a conclusion. “The term human rights, it gets misused. There is a tendency in this country for the words human rights to get thrown about as much as health and safety. Both of them get hopelessly misused. When some official, some policeman, whoever, has made some mistake in taking some absurd decision, the first thing they do to fend off criticism is to blame it on health and safety and blame it on human rights. The truth is that someone’s made a pig’s ear in the office.” We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/21/deportee-appeal-rights-to-end http://www.ibblaw.co.uk/blog/2011/11/21/deportee-appeal-rights-to-end http://www.ibblaw.co.uk/blog/2011/11/21/deportee-appeal-rights-to-end Mon, 21 Nov 2011 13:43:09 +0000 http://www.ibblaw.co.uk/blog.xml A British man badly injured when he was hit by a car in France has won his bid to claim compensation in the UK in a case at the European Court of Justice. Deo Homawoo suffered a serious brain injury, leg fractures, lung damage and a broken wrist in the incident on August 29, 2007 but was left facing a smaller payout under the terms of an EU law which states residents of an EU member state can only claim compensation in the country where they were injured, rather than in their home country. However, in the official EU document two start dates for the policy were stated – August 19 2007 and January 11 2009 – leading to confusion in legal circles.  The first date would have meant Mr Homawoo, 36, of London, would have had to make his claim in France, where personal injury payouts are less generous than in the UK, because his injury occurred prior to this date. EU judges have now ruled that the policy came into effect on January 11 2009, meaning that Mr Homawoo will be able to claim in the UK for his ongoing medical needs – he has not been able to work since the accident. The ruling means all Britons injured in accidents in other EU countries between August 19 2007 and January 11 2009 are entitled to claim compensation in the UK. IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/18/briton-wins-ruling-on-injury-abroad http://www.ibblaw.co.uk/blog/2011/11/18/briton-wins-ruling-on-injury-abroad http://www.ibblaw.co.uk/blog/2011/11/18/briton-wins-ruling-on-injury-abroad Fri, 18 Nov 2011 14:13:46 +0000 http://www.ibblaw.co.uk/blog.xml Immigration advisers have said two-thirds of foreign wives could be banned from coming to the UK and advised a minimum salary for residents sponsoring a partner or dependent to be a citizen. A minimum pre-tax salary threshold for residents wanting a partner from outside the EU to join them should be set between £18,600 and £25,700, said Migration Advisory Committee (Mac) chairman Professor David Metcalf.  Around 40,000 foreign wives, husbands and partners were granted visas to join their families in 2010, and the plans would cut this number by 45-63%, the committee claims. If the proposals to reduce the burden on the state succeed, over half of the UK population would not be able to bring in a foreign partner because they would not earn enough to support them without benefits. Professor Metcalf said: “If the Government were to choose from between the range, we’re talking about quite substantial numbers.” He said the minimum salary could be higher for those who wanted their children from outside the EU to join them, adding that the Government asked the advisers to identify the salary needed by a worker to support a spouse or partner without them being a burden on the state. Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/17/foreign-wives-face-uk-restriction http://www.ibblaw.co.uk/blog/2011/11/17/foreign-wives-face-uk-restriction http://www.ibblaw.co.uk/blog/2011/11/17/foreign-wives-face-uk-restriction Thu, 17 Nov 2011 14:08:57 +0000 http://www.ibblaw.co.uk/blog.xml The Government has launched an £80 million fund to support those who have been unemployed for more than six months and want to start their own business. The New Enterprise Allowance (NEA) will provide financial help and specialist mentoring in a bid to support up to 40,000 new businesses over the next two years. Details of the NEA were outlined by Employment Minister Chris Grayling when he met business leaders on Wednesday. The meeting took place as the latest jobless figures were published. Mr Grayling said: “We are determined to do everything we can to boost enterprise. The New Enterprise Allowance is a really important part not just of helping the unemployed but also of encouraging a new generation of businesses that can themselves become employers. “The scheme includes making sure that unemployed people with a good idea get the support they need to move into self-employment, and also that there is easily accessible advice and guidance for all kinds of new small businesses across the country. We want to see experienced businesses roll their sleeves up and give a helping hand to newer entrepreneurs.” Adam Marshall, director of policy and external affairs at the British Chambers of Commerce, said: “Moving people out of unemployment isn’t just good for Government – it’s good for business too. “The NEA is one important way in which companies, chambers of commerce and Government can work together to help people help themselves and to grow the local economy.” Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/17/80m-government-fund-helps-jobless http://www.ibblaw.co.uk/blog/2011/11/17/80m-government-fund-helps-jobless http://www.ibblaw.co.uk/blog/2011/11/17/80m-government-fund-helps-jobless Thu, 17 Nov 2011 14:03:42 +0000 http://www.ibblaw.co.uk/blog.xml Plans to slash legal aid for disabled people appealing against benefits decisions could leave thousands receiving the wrong payments or without any support at all, a charity has warned. Scope said that the planned cuts could undermine the Government’s own welfare reforms and ultimately drive people away from work. The disability charity has published a report documenting the experiences of five individuals attempting to use the benefits appeal system without a legal aid solicitor. The report – Legal Aid in welfare: the tool we can’t afford to lose - discovered that they were frequently unable to challenge incorrect benefit decisions. The report was published ahead of the Government’s Legal Aid, Sentencing and Punishment of Offenders Bill, which has reached the committee stage in the House of Lords. According to the charity the changes would mean that legal aid would be unavailable to around 78,000 people or 58% of those who require it for benefit cases. Meanwhile 1.5 million people who receive incapacity benefits are being re-evaluated in a bid to make the system more accurate. Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/15/legal-aid-cuts-will-hit-thousands http://www.ibblaw.co.uk/blog/2011/11/15/legal-aid-cuts-will-hit-thousands http://www.ibblaw.co.uk/blog/2011/11/15/legal-aid-cuts-will-hit-thousands Tue, 15 Nov 2011 14:08:31 +0000 http://www.ibblaw.co.uk/blog.xml The Government should review its decision to give extra employment rights to temporary workers, as it is “damaging” the labour market, the CBI has said. Following a survey which found only one in six firms plan to increase their recruitment of temporary workers, and one in five expect to cut back, the business group has called for a rethink. The CBI called for a full review of the Agency Workers Directive, which boosted temp staff holiday rights and raised their pay. Deputy director general Neil Bentley said the move, which came into effect in October, was having a negative impact on hiring intentions, which should set “alarm bells” ringing in Whitehall. The group pointed out that in the current economic climate, hiring of temps should be increasing while permanent recruitment flat lines. “We want a review next year to make sure it does not cause any more damage,” said Mr Bentley. “It is in everyone’s interest to help as many people as possible to get into the labour market.” Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/14/rethink-temp-staff-directive-cbi http://www.ibblaw.co.uk/blog/2011/11/14/rethink-temp-staff-directive-cbi http://www.ibblaw.co.uk/blog/2011/11/14/rethink-temp-staff-directive-cbi Mon, 14 Nov 2011 14:16:33 +0000 http://www.ibblaw.co.uk/blog.xml The Law Society Conveyancing Quality Scheme (CQS), which is aimed at deterring fraud among other benefits, has received applications for membership from more than 700 firms. The scheme, now supported by the Council of Mortgage Lenders (CML), is also meant to recognise high quality services for home buyers and lenders and robustly assess and monitor procedure for its members. The CML said it backs a CQS which represents a credible way of boosting conveyancers’ standards as well as lender and consumer confidence. If the CQS achieves its target of boosting confidence among lenders, the council expects the scheme to become a requirement for becoming a member of lenders’ conveyancing panels. CML director general Michael Coogan said: “The CML has been working closely with the Law Society as it develops the CQS to ensure conveyancing standards are improved for consumers and lenders alike. “We are encouraged by the initial interest from solicitor firms who have already applied to the scheme.” Our team of property lawyers can advise on all aspects of buying, selling and mortgaging property. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/11/firms-go-for-conveyancing-scheme http://www.ibblaw.co.uk/blog/2011/11/11/firms-go-for-conveyancing-scheme http://www.ibblaw.co.uk/blog/2011/11/11/firms-go-for-conveyancing-scheme Fri, 11 Nov 2011 14:40:04 +0000 http://www.ibblaw.co.uk/blog.xml The Supreme Court has ruled that a man who left his partner nearly 20 years ago is only entitled to 10% of the value of the house they shared. The decision to allow an appeal by Patricia Jones against a ruling that Leonard Kernott was entitled to 50% could change the legal landscape for unmarried couples arguing over property after separating, said lawyers. At the hearing in London Lord Kerr said the 90%/10% division originally imposed by a county court was fair. Mr Kernott, 51, and Ms Jones, 56, separated in 1993, the Supreme Court heard in May. They had shared a house in Thundersley, Essex, for eight years. Five judges heard that the couple bought their house in joint names with a joint mortgage in 1985. It carried a value of £240,000 by 2008. Mr Kernott moved out of the house in Badger Hall Avenue with Ms Jones, a hairdresser, continuing to pay the mortgage, maintain the house and bring up their two children. But the Court of Appeal ruled in 2010 that Mr Kernott was still entitled to half its value. The court said the couple owned equal shares at the time of separation and neither party moved to change the situation. Our team of property lawyers can advise on all aspects of buying, selling and mortgaging property. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/10/ex-partner-entitled-to-10-of-house-value http://www.ibblaw.co.uk/blog/2011/11/10/ex-partner-entitled-to-10-of-house-value http://www.ibblaw.co.uk/blog/2011/11/10/ex-partner-entitled-to-10-of-house-value Thu, 10 Nov 2011 14:02:52 +0000 http://www.ibblaw.co.uk/blog.xml The House of Commons Transport Committee has given its backing to the £34 billion HS2 high-speed rail project. Following its inquiry into the Government’s proposals, the committee gave its approval with a number of provisos related to those who are both for and against the scheme.  The proposed route would cut through the picturesque Tory heartlands between London and Birmingham, but it is thought residents and councils will protest the latest move. The committee found that there is a “good case” for the scheme, which would provide faster links between the capital and Birmingham and then to the North East, the North West and Scotland. The Government is due to make a decision on the proposed routes for the 250mph trains, which can carry 1,100 passengers, before the end of the year. In its report, the committee said it supports the HS2 plans in principle, but it has highlighted a number of areas that the Government could look at before pressing forward. The report said: “We call on the Government to consider and to clarify these matters before it reaches its decision on HS2.” The MPs said: “Unlike policies for major roads and airports, this proposal has all-party support. It is not, however, universally supported by MPs or the public. “We acknowledge the deeply held and often well-informed views on both sides of the debate.” Our team of property lawyers can advise on all aspects of buying, selling and mortgaging property. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/09/committee-backs-hs2-plans http://www.ibblaw.co.uk/blog/2011/11/09/committee-backs-hs2-plans http://www.ibblaw.co.uk/blog/2011/11/09/committee-backs-hs2-plans Wed, 09 Nov 2011 14:02:19 +0000 http://www.ibblaw.co.uk/blog.xml A new report has warned about the negative impact the Government’s plans to reform the incapacity benefit system could have on UK households. As many as 600,000 people may have to leave the country’s benefits system as a result of the proposed reforms, according to Sheffield Hallam University researchers. Wales, Scotland and the North of England will be the worst-hit areas, the report from the experts indicates. Within the coming three years, the current number of incapacity benefit claimants will drop by nearly one million, it found. Report co-author Professor Steve Fothergill said benefit rule changes and tougher medical tests are among the measures which could lead to a reduction in claimants. He added: “The reduction does not mean that there is currently widespread fraud, or that the health problems and disabilities are anything less than real. “Our estimates of the impact of the reforms are based on experience in the pilot areas and on the Department for Work and Pensions’ own assumptions about the impact on benefit claimants.” Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/08/drop-in-benefit-claimants-forecast-at-600000 http://www.ibblaw.co.uk/blog/2011/11/08/drop-in-benefit-claimants-forecast-at-600000 http://www.ibblaw.co.uk/blog/2011/11/08/drop-in-benefit-claimants-forecast-at-600000 Tue, 08 Nov 2011 13:58:56 +0000 http://www.ibblaw.co.uk/blog.xml Nearly two in three barristers support plans to allow filming in courts, as long as measures are taken to protect witnesses and jurors, a survey has revealed. The majority of the 700 barristers quizzed by the Times and Bar Council feel that cameras should be allowed into courts for appeals and criminal trials in England and Wales. This comes after Justice Secretary Kenneth Clarke confirmed earlier this year that a ban on filming in court as stipulated by the Criminal Justice Act 1925 would be overturned as part of “unprecedented plans to improve transparency”. Filming will be restricted to judges’ remarks, with filming of comments made by victims, witnesses, defendants or jurors still prohibited. Peter Lodder, QC, chairman of the Bar, said: “I am not surprised by the findings of the survey. However it endorses the importance of ensuring that witnesses, who already find giving evidence an ordeal are protected. “People are unnerved about going to court. If they feel that by going to court they are also going to be filmed, there is a significant risk that they will not go at all.” He added: “Public trust in the criminal justice system may be enhanced by the broadcasting of sentencing remarks. All sentencing decisions are explained fully, but the full extent of the judge’s remarks is often unreported.” We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/07/barristers-support-court-filming http://www.ibblaw.co.uk/blog/2011/11/07/barristers-support-court-filming http://www.ibblaw.co.uk/blog/2011/11/07/barristers-support-court-filming Mon, 07 Nov 2011 14:00:51 +0000 http://www.ibblaw.co.uk/blog.xml Plans to restrict the access fathers and grandparents are given to children following family break-ups have been firmly criticised.  The Family Justice Review, completed by former civil servant David Norgrove, recommended that there should be no legal right to equal access and said pledges to make sure children have a “meaningful relationship” with both parents should be abandoned.  But a think-tank created by Work and Pensions Secretary Iain Duncan Smith has warned that adopting these principles would undermine family values. The Government has also distanced itself from the proposals, saying that the report’s conclusions are not in line with policy and MPs are not duty-bound to implement the recommendations. Mr Norgrove points out that having greater, more equal rights merely leads to longer legal battles and delays for the children as it is decided where they will live.  The review also points out that grandparents can create additional problems by interfering and making the custody battles more complicated. A spokesman for the Prime Minister said: “It’s an independent report. We will examine carefully the panel’s recommendations and come back with a response in due course.” Our Family and Matrimonial team helps families across West London and Bucks. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/04/non-equal-rights-plan-criticised http://www.ibblaw.co.uk/blog/2011/11/04/non-equal-rights-plan-criticised http://www.ibblaw.co.uk/blog/2011/11/04/non-equal-rights-plan-criticised Fri, 04 Nov 2011 14:21:16 +0000 http://www.ibblaw.co.uk/blog.xml In the past year, the country’s workplace fatality rate has increased by 24, according to the latest figures. In the year to March 2011, 171 workplace deaths were recorded by the Health and Safety Executive (HSE). This compares to 147 during the same period of the previous year. Despite these statistics, the watchdog added that the number of major workplace injuries has fallen, dropping from 26,268 in 2009/10 to around 24,700. Amputations, fractures and burns are among the injuries which fall into this category. Meanwhile, the number of injuries deemed severe enough to cause an absence of at least four days dropped to 90,653. Commenting on the research, Malcolm Underhill, personal injury specialist at IBB Solicitors, said: “The latest statistics confirm that Britain continues to have the lowest rate of fatal occupational injuries in Europe as well as one of the lowest levels of work-related ill health. “This is good news but there is still room for improvement in some sectors where the number of accidents appear disproportionately high, such as construction and agriculture. Perhaps the only way to improve health and safety in these industries is for the HSE to use the full force of their enforcement powers.” IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/03/rise-in-workplace-fatality-rate http://www.ibblaw.co.uk/blog/2011/11/03/rise-in-workplace-fatality-rate http://www.ibblaw.co.uk/blog/2011/11/03/rise-in-workplace-fatality-rate Thu, 03 Nov 2011 13:18:44 +0000 http://www.ibblaw.co.uk/blog.xml A firm has been fined £145,000 after the death of a father-of-one, two years on from a tragic roof fall. Alan Kerwin was working for J Mills (Contractors) Ltd on the roof of a warehouse in Ashton-under-Lyne in March 2007 when he fell through it. The 32-year-old, from Lower Broughton, Salford, had been working on a skylight on Kayley Industrial Estate when he fell 10 metres to a concrete floor, suffering a fractured skull and other serious injuries. The fall left Mr Kerwin suffering post-traumatic epilepsy and unable to go back to work. Around two years after the fall, he suffered a fatal epileptic seizure. The Health and Safety Executive brought the prosecution after an investigation found the firm had not implemented safety measures to prevent the fall. Days before the fall, a HSE inspector had advised Mr Kerwin’s line manager about safety measure for roof working. However, the warning was ignored, Manchester Crown Court heard. J Mills (Contractors) Ltd, of Higher Road in Urmston, admitted breaching health and safety law. The company was also ordered to pay £7,700 costs. Laura Thompson, solicitor in IBB’s Personal Injury team, said: “This case highlights the importance of employers complying with both their common law duty of care to ensure employees are kept safe while at work as well as their statutory duties under Regulations in place since 1992. “It is clear that there are continuing failures to prevent accidents of this nature, despite the time since these Regulations have been in place. However, justice appears to have been done on this occasion. “It is likely that the family of the victim will recover compensation that may also bring some small relief, following what must have been a particularly harrowing time.” IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/02/firm-fined-after-roof-fall-death http://www.ibblaw.co.uk/blog/2011/11/02/firm-fined-after-roof-fall-death http://www.ibblaw.co.uk/blog/2011/11/02/firm-fined-after-roof-fall-death Wed, 02 Nov 2011 16:25:44 +0000 http://www.ibblaw.co.uk/blog.xml The Government has put almost 3,000 banks from all over the world on a blacklist of institutions that cannot be trusted to verify documents for student visa applications. The UK Border Agency (UKBA) has revealed that the list includes 1,977 financial institutions in India and 762 in the Philippines.  It is part of the Government’s plans to prevent an influx of bogus students. As part of the initiative, individual students, who claim to have funds to support themselves but use any of the banks on the list, will receive no points for maintenance. Meanwhile, studying has been pinpointed as the biggest reason for migrants heading to Britain, with 228,000 of those who arrived at British educational institutions last year being from outside the EU.  A UKBA spokeswoman said: “We have radically overhauled the student visa system in order to tackle abuses whilst continuing to attract the brightest and best genuine students from across the world. “We need to be confident that those applying for student visas have the funds to support themselves and pay for their course in the UK.” Our team of property lawyers can advise on all aspects of buying, selling and mortgaging property. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/11/01/3000-banks-put-on-visa-blacklist http://www.ibblaw.co.uk/blog/2011/11/01/3000-banks-put-on-visa-blacklist http://www.ibblaw.co.uk/blog/2011/11/01/3000-banks-put-on-visa-blacklist Tue, 01 Nov 2011 16:14:28 +0000 http://www.ibblaw.co.uk/blog.xml The Government’s objective of slashing the legal aid budget in order to save money has been called into question by charities, which say the cuts will cost more in the long-term. As MPs take to the Commons this week to debate the Legal Aid, Sentencing and Punishment of Offenders Bill, some 24 charities have warned of the dangers of scaling down legal aid for disabled people. Reducing the availability of legal aid for disabled people appealing against benefit decisions could end up costing more, say charities including Mind, Scope, the RNIB, Mencap, and Leonard Cheshire Disability. The organisations have banded together to warn that disabled people will be left out in the cold of they slip through the welfare support net.  The charities have called upon the Government to preserve legal aid for cases where disabled people appeal decisions concerning their benefits. Meanwhile Liberal Democrat backbencher Tom Brake has led a group of his colleagues in tabling an amendment to retain legal aid for welfare benefit appeals. The charities maintain some 80,000 people – most of them disabled – will be affected by the cuts.  IBB Solicitors’ specialist Charities team has over 50 years’ combined experience in delivering practical commercial advice to charities and not for profit organisations and those who work with them. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk ... http://www.ibblaw.co.uk/blog/2011/10/31/legal-aid-cuts-cost-more-in-long-term http://www.ibblaw.co.uk/blog/2011/10/31/legal-aid-cuts-cost-more-in-long-term http://www.ibblaw.co.uk/blog/2011/10/31/legal-aid-cuts-cost-more-in-long-term Mon, 31 Oct 2011 15:16:03 +0000 http://www.ibblaw.co.uk/blog.xml The Government’s plans to slash employment rights are “tragic and ridiculous” according to Labour’s Baroness Prosser, a past president of the Trades Union Congress (TUC). Speaking in a Lords debate on the changing world of employment, Lady Prosser warned ministers against “cutting away” the progress that has been made over the past two decades.  Lady Prosser slammed the Government for slashing educational maintenance allowances, scrapping the future jobs fund and increasing tuition fees, and said the moves were taking the debate in “completely the wrong direction”. Warning that the country risked “limping along like a second class has-been” in the near future, Lady Prosser called for investment in research, innovation and vocational training. Opening the debate, she said: “Simply cutting away all the advances that have been made in the last 15 or so years doesn’t fill me, or the great British public, with confidence. “The idea mooted by the Chancellor and repeated this week by Education Secretary Michael Gove that reducing workers’ employment rights is going to boost jobs would be funny if it were not so tragic and ridiculous.” Her words were echoed by her party colleague, Lord Monks, general secretary of the TUC from 1993 to 2003, who warned against promoting the country as a centre for “exploitation” and cheap workers. Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/10/28/scrapping-workers-rights-tragic http://www.ibblaw.co.uk/blog/2011/10/28/scrapping-workers-rights-tragic http://www.ibblaw.co.uk/blog/2011/10/28/scrapping-workers-rights-tragic Fri, 28 Oct 2011 14:24:17 +0100 http://www.ibblaw.co.uk/blog.xml The European Court of Human Rights should not be able to second guess the UK’s courts, a top lawyer has said. The Attorney General Dominic Grieve QC has said the Strasbourg-based court should not interfere with controversial issues, such as prisoners being allowed to vote, if the matter has already gone before the national authorities.  Mr Grieve has urged the European court to follow its own advice and acknowledge that the local legal system is better equipped to understand an individual nation’s needs than an international body.  He pointed out that the legal principle of subsidiarity says member states like the UK ”have the primary responsibility for guaranteeing and protecting human rights at a national level”. He also backed the views expressed by England and Wales’ most senior judge that while UK courts have to consider European rulings, they are not bound by them.  “Of course the United Kingdom should still be subject to the judgments of the Strasbourg court but the court should not normally need to intervene in cases that have already been properly considered by the national courts applying the (European) Convention (on Human Rights),” he said.  Speaking to lawyers at Lincoln’s Inn in central London, Mr Grieve said he would appear before the European court on behalf of the UK to argue that it is exceeding its mandate by interfering in the prisoner voting case. But he warned that ”the court does not always follow its own advice”, drawing attention to an Italian case that “set down specific rules about the circumstances in which prisoners can be disenfranchised”. We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/10/27/european-court-should-not-interfere http://www.ibblaw.co.uk/blog/2011/10/27/european-court-should-not-interfere http://www.ibblaw.co.uk/blog/2011/10/27/european-court-should-not-interfere Thu, 27 Oct 2011 14:50:33 +0100 http://www.ibblaw.co.uk/blog.xml It should be easier to sack unproductive workers, a leaked Government report has revealed. A Downing Street-commissioned report by venture capitalist Adrian Beecroft suggested that employees who are not pulling their weight should not be able to claim unfair dismissal if they are dismissed, in a bid to free up business and boost economic growth. While the radical measure is said to be supported by many MPs within Government, it is expected to be fiercely opposed by many Liberal Democrats. The Daily Telegraph revealed that a draft of the report says that idle workers are being left to “coast along” and that firms fear expanding their workforce because they do not know how new employees would settle into the job, and that it would be impossible to sack them if they turned out to be unsuitable. The document says the first major issue for British enterprise is “the terrible impact of the current unfair dismissal rules on the efficiency and hence competitiveness of our businesses, and on the effectiveness and cost of our public services”. Mr Beecroft went on to say that public sector managers often hand under-performing staff large settlements to avoid costly tribunal rulings. Jonathan Bruck, Senior Solicitor in IBB’s employment team, comments: “Whether the Prime Minister will take the report seriously remains to be seen. Many HR practitioners would be surprised if he did, as the report’s recommendations appear to fly in the face of the Government’s most recent announcements about easing (rather than abolishing) unfair dismissal laws, through an extension of the qualifying period to bring a claim (from one year to two).  “If the recommendations are implemented though, it would arguably be the biggest and most controversial employment law change that this country has seen for a generation.” Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/10/26/report-calls-for-employment-law-change http://www.ibblaw.co.uk/blog/2011/10/26/report-calls-for-employment-law-change http://www.ibblaw.co.uk/blog/2011/10/26/report-calls-for-employment-law-change Wed, 26 Oct 2011 15:26:24 +0100 http://www.ibblaw.co.uk/blog.xml Victims of domestic abuse could be examined by their alleged perpetrator in court if cuts to legal aid come into effect, unleashing a “disturbing new landscape” of justice, campaigners have said. Campaigners warn the changes, which they claim would see 600,000 people denied legal aid, would be damaging for women, children and families. Stephen Cobb QC, chairman of the Family Law Bar Association, said: “68,000 children will be affected by the removal of legal aid in family cases, 54,000 fewer people will be represented in the family courts annually and there will be 75% fewer private law cases in court. “We face the very real prospect that many children and women who have been victims of domestic abuse will have to endure the further trauma of being cross-examined by their alleged perpetrator, who will not be eligible for legal aid.” Calling on the Government to reconsider its plans ahead of its Legal Aid, Sentencing and Punishment of Offenders Bill being considered by MPs next week, Mr Cobb said: “We have come together as a broad cross section of organisations deeply concerned by the consequences of the Government’s proposals. “The Prime Minister stated that he wanted a family test for all domestic policy. Clearly nobody has applied that test to this bill. The civil legal aid cuts will be bad for children, bad for women and bad for families.” Campaigners fear the changes would also see more people going to court on their own without legal representation, which senior judges have warned could increase both costs and delays. Mr Cobb added: “It is not too late for the Government to change its approach. If it really has the interests of families in mind, then it has to think again.” Our Family and Matrimonial team helps families across West London and Bucks. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/10/25/legal-aid-cuts-disturbing-qc http://www.ibblaw.co.uk/blog/2011/10/25/legal-aid-cuts-disturbing-qc http://www.ibblaw.co.uk/blog/2011/10/25/legal-aid-cuts-disturbing-qc Tue, 25 Oct 2011 16:26:27 +0100 http://www.ibblaw.co.uk/blog.xml Allowing people the right to appeal against a judge granting a defendant bail would be a good thing, according to Director of Public Prosecutions Keir Starmer. The QC made the comments after meeting the parents of murdered nurse Jane Clough, stabbed to death by a man who was on bail for allegedly raping her. Ms Clough, a 26-year-old mother when she died, was murdered in the car park of Blackpool Victoria Hospital, her workplace, by her former partner Jonathan Vass. Vass was imprisoned for 30 years in October last year for murdering her, although his alleged rape of the woman has not been prosecuted. Ms Clough’s parents Penny and John launched their Justice For Jane campaign following Vass’s imprisonment. They want the law changed to allow prosecutors to appeal against any decision to grant bail. Mr Starmer said in a statement: “I met with Mr and Mrs Clough on Thursday and we discussed a number of issues. One of which is the current government proposal to provide the prosecution with the opportunity to appeal against the decision of a Crown Court judge to grant bail. “I understand that there are a number of details to be worked out and it has not, for example, been decided who should hear such an appeal. From my perspective however, having given the matter careful consideration, I have come to the view that we would welcome the introduction of such a power for the prosecution. “We would not anticipate such a right of appeal being used very often; however, where it was felt that a judge had got a decision on bail wrong, and the interests of victims and the wider public demanded that such a decision be challenged, then this would be regarded as a useful and appropriate option for the prosecution to have available to it.” We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/10/24/appeal-must-be-allowed-for-bail http://www.ibblaw.co.uk/blog/2011/10/24/appeal-must-be-allowed-for-bail http://www.ibblaw.co.uk/blog/2011/10/24/appeal-must-be-allowed-for-bail Mon, 24 Oct 2011 14:19:58 +0100 http://www.ibblaw.co.uk/blog.xml The most senior judge in England and Wales has reignited debate on the Human Rights Act. The Lord Chief Justice Lord Judge said British courts are not bound by the rulings of the European Court of Human Rights, but as good practice should always take them into account. His comments come after David Cameron set up a commission looking at the case for a British Bill of Rights, with the Strasbourg-based court widely criticised in the UK for assuming a legislative function beyond its powers. But two of Britain’s most prominent judges seemed split over the issue when giving evidence to the Lords Constitution Committee. Lord Phillips, the president of the Supreme Court and a former Lord Chief Justice, told the peers: “In the end, Strasbourg is going to win so long as we have the Human Rights Act and the Human Rights Act is designed to give effect to that part of the rule of law which says we must comply with the convention. “If we have Strasbourg saying, ‘You can’t do that’, it raises some very real problems.” But Lord Judge said: “I would like to say that maybe Strasbourg shouldn’t win and doesn’t need to win.” We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/10/21/judges-split-on-human-rights-act http://www.ibblaw.co.uk/blog/2011/10/21/judges-split-on-human-rights-act http://www.ibblaw.co.uk/blog/2011/10/21/judges-split-on-human-rights-act Fri, 21 Oct 2011 15:42:19 +0100 http://www.ibblaw.co.uk/blog.xml Cases of terror compensation are to be held behind closed doors, as current rules on civil courts mean claimants can demand access to all intelligence collected about them. Officials have so far not had much choice but to risk disclosing secret methods and details about live operations or else pay compensation. Now the Government aims to stop terrorists receiving payouts with proposals to be published in a green paper on justice and security. The Daily Telegraph said plans are expected to include the use of “special advocates” in civil courts who could examine secret papers in closed hearings. Ministers would have to apply for the “closed measures proceedings”. The High Court would make a final decision if the claimant’s legal team opposed the move. The proposals are also believed to cover considering future oversight of security and intelligence services. Secret multimillion-pound payouts were made last November to 16 terror suspects who claimed mistreatment at the hands of security and intelligence officials. We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/10/20/terror-payout-cases-behind-doors http://www.ibblaw.co.uk/blog/2011/10/20/terror-payout-cases-behind-doors http://www.ibblaw.co.uk/blog/2011/10/20/terror-payout-cases-behind-doors Thu, 20 Oct 2011 15:40:45 +0100 http://www.ibblaw.co.uk/blog.xml An urgent hearing for an appeal against a landmark decision to allow the closure of six north-west London libraries has been ordered. The order that an appeal to the Court of Appeal should be expedited was made by Lord Justice Elias. Now attempts are being made to arrange the hearing for two days early in November. A High Court judge last week rejected claims that decisions to close the libraries in Brent were “fundamentally flawed and unlawful”. Brent Council has agreed not to take irrevocable steps to prevent the libraries reopening if the appeal is successful. Celebrities such as author Philip Pullman, playwright Alan Bennett, singer Nick Cave and bands Depeche Mode, the Pet Shop Boys and Goldfrapp have supported residents fighting the cuts. Campaign groups around the country are watching the case as they also have libraries threatened with closure. Those covered by Brent which face closure are Kensal Rise, Barham Park and Preston Road and libraries at Neasden, Cricklewood and Tokyngton. Brent Council said the closures will help to pay for improvements to the rest of its library service and contribute to its necessary £104 million of savings. IBB has one of the largest real estate groups in West Londonand the South East, with expertise in commercial development, residential development, real estate finance, real estate investment and management, construction and real estate dispute resolution. Contact a member of the team by visiting the relevant service page, or you can call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/10/19/urgent-appeal-on-brent-libraries-ordered http://www.ibblaw.co.uk/blog/2011/10/19/urgent-appeal-on-brent-libraries-ordered http://www.ibblaw.co.uk/blog/2011/10/19/urgent-appeal-on-brent-libraries-ordered Wed, 19 Oct 2011 14:58:50 +0100 http://www.ibblaw.co.uk/blog.xml A fine of £200,000 has been issued to a cement business, after one of its staff members died in a workplace accident. Peter Reynolds, 28, died in an explosion at the CEMEX factory at Lawford Road, Rugby, Warwickshire in January 2008. As a result of his death, Warwick Crown Court decided to fine CEMEX UK Operations Ltd and ordered the firm to pay costs of £172,000, according to the Health and Safety Executive (HSE). The company, of Coldharbour Lane, Thorpe, near Egham, Surrey, had pleaded guilty to a breach of Section 2 of the Health and Safety at Work Act in August. The HSE said its investigation found that no action had been taken by CEMEX to address the potential for blockages to cause explosions within a mixer. It also found that despite a previous incident, no risk assessment review had been conducted by CEMEX. IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/10/18/cement-firm-fined-over-worker-death http://www.ibblaw.co.uk/blog/2011/10/18/cement-firm-fined-over-worker-death http://www.ibblaw.co.uk/blog/2011/10/18/cement-firm-fined-over-worker-death Tue, 18 Oct 2011 17:08:26 +0100 http://www.ibblaw.co.uk/blog.xml A court clerk who worked in east London has become the first person to be convicted under new bribery laws. Munir Yakub Patel, who was employed as an administration clerk at Redbridge Magistrates’ Court, accepted £500 to avoid putting details of a traffic summons offence on a court database. He was filmed by The Sun agreeing to take the action for Jayraj Singh, who had been given a speeding ticket. After the newspaper handed over its evidence to the authorities, Patel became the first person to be prosecuted under the Bribery Act 2010. Patel, of Green Lane, Dagenham, Essex, admitted bribery at  Southwark Crown Court. The 22-year-old also pleaded guilty to misconduct in a public office dating from February 23 2009 to August 2011, during which time he gave people advice on how to avoid being summoned over such matters. Patel denied a further seven counts of possession of an article for use in fraud. The judge ordered these charges to lie on file. Patel could face up to 10 years in prison when he returns to court for sentencing on November 11. Laura Mason, a Paralegal in the Business Investigations and Governance team, comments: “This is the first prosecution under the Act, which came into force on the 1st July of this year. Although this is not the massive fallout feared by larger firms and corporations when the white paper was first circulated, it should nevertheless serve as a sharp reminder that the Act is now a firm and present tool in the authorities’ belt, and they are not afraid to use it. Patel now faces an unlimited fine and up to 10 years in prison. Although the amount involved was small, an aggravating feature in this case is the abuse of a position of public authority, and it is likely that the sentence will reflect this. Furthermore, although this will be a sentence passed upon an individual, organisations across the UK should take it as a preliminary indication of the approach the courts will take to sentencing acts of bribery from now on.” We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk ... http://www.ibblaw.co.uk/blog/2011/10/17/court-clerk-admits-taking-bribe http://www.ibblaw.co.uk/blog/2011/10/17/court-clerk-admits-taking-bribe http://www.ibblaw.co.uk/blog/2011/10/17/court-clerk-admits-taking-bribe Mon, 17 Oct 2011 14:49:15 +0100 http://www.ibblaw.co.uk/blog.xml The Child Poverty Action Group (CPAG) has failed in its High Court bid to overturn the cap on housing benefit. The CPAG challenged the Government’s decision to cap the amount of local housing allowance (LHA) for accommodation of a given size. The group said the move was akin to “social cleansing”, as it would price poorer people out of accommodation in expensive areas, particularly in central London. The caps prevent LHA weekly rates exceeding £250 for a one-bedroom property, £290 for two bedrooms, £340 for three bedrooms and £400 for four bedrooms. The group took the matter to the High Court – Martin Westgate QC claimed the Secretary of State for Work and Pensions had acted outside powers conferred by the 1996 Housing Act when read with the 1992 Social Security Contributions and Benefits Act, and failed to comply with his duties under equality legislation. But Mr Justice Supperstone threw out the case. Ministers say that, without reform, expenditure on housing benefit would reach £24.7 billion by 2014/15 and that the new measures, amounting to £2.4 billion in savings, are vital.  IBB has one of the largest real estate groups in West Londonand the South East, with expertise in commercial development, residential development, real estate finance, real estate investment and management, construction and real estate dispute resolution. Contact a member of the team by visiting the relevant service page, or you can call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/10/14/housing-cap-challenge-rejected http://www.ibblaw.co.uk/blog/2011/10/14/housing-cap-challenge-rejected http://www.ibblaw.co.uk/blog/2011/10/14/housing-cap-challenge-rejected Fri, 14 Oct 2011 15:49:11 +0100 http://www.ibblaw.co.uk/blog.xml Plans to shut six north London libraries are not unlawful, a High Court judge has ruled, A campaign group warned that Brent Council’s decision to close libraries in Kensal Rise, Barham Park, Preston Road, Neasden, Cricklewood and Tokyngton were “fundamentally flawed and unlawful”. Brent SOS Libraries, which has received support from musicians Nick Cave, Depeche Mode, the Pet Shop Boys and Goldfrapp, accused the council of failing in its legal duties. The group said the council had not properly considered local needs or how the closures would affect residents, and urged the court to grant a judicial review.  But Mr Justice Ouseley said the campaign group had not produced evidence to back up their claims against the local authority. After the ruling, Margaret Bailey, a children’s nursery manager who led the anti-closure campaign, said: “Today’s judgment means that half of Brent’s libraries remain under threat and has very troubling implications for library closure decisions nationally.” IBB has one of the largest real estate groups in West Londonand the South East, with expertise in commercial development, residential development, real estate finance, real estate investment and management, construction and real estate dispute resolution. Contact a member of the team by visiting the relevant service page, or you can call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/10/13/judge-rejects-library-closures-case http://www.ibblaw.co.uk/blog/2011/10/13/judge-rejects-library-closures-case http://www.ibblaw.co.uk/blog/2011/10/13/judge-rejects-library-closures-case Thu, 13 Oct 2011 15:29:22 +0100 http://www.ibblaw.co.uk/blog.xml West Ham United are the frontrunners to rent the Olympic Stadium, the Mayor of London Boris Johnson has admitted. The deal for the east London football club to buy the venue collapsed recently due to “legal paralysis” caused by court action brought by Tottenham and Leyton Orient. The old deal promised to keep the running track and would have seen the £95 million transformation cost of the stadium spilt between West Ham, Newham Council and the Olympic budget. But to avoid being tied up in litigation the Government decided to restart the tendering process, with the venue being offered up for rent. It insists the thorny issue of the running track is still “non-negotiable”. Mr Johnson said he believed West Ham are still favourites to take over the stadium, adding: ”I think we have come up with a very good solution. We will keep it in public hands but we will effectively rent it to a football club, almost certainly West Ham, and that will cover the costs and I think it will be a very good deal for the taxpayer.” The new tender process will see up to £95million of public money now spent on the stadium but there is a funding gap of up to £60million needed to transform the venue before it can be leased out. Previously, the cost would have been split with £35million from the Olympics budget, £20million from West Ham and £40million from Newham Council, but now only the £35million is guaranteed. IBB has one of the largest real estate groups in West Londonand the South East, with expertise in commercial development, residential development, real estate finance, real estate investment and management, construction and real estate dispute resolution. Contact a member of the team by visiting the relevant service page, or you can call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/10/12/boris-backs-hammers-for-stadium http://www.ibblaw.co.uk/blog/2011/10/12/boris-backs-hammers-for-stadium http://www.ibblaw.co.uk/blog/2011/10/12/boris-backs-hammers-for-stadium Wed, 12 Oct 2011 14:45:01 +0100 http://www.ibblaw.co.uk/blog.xml David Cameron has announced that a new crime will be added to the statute book – that of forcing someone into marriage. The Prime Minister said the Government will make it illegal to contravene a ruling made by courts in the UK, excluding Scotland, preventing a marriage. The PM has told the Home Secretary to begin a consultation on how to make it an offence. The move follows the rejection of a call to make it illegal from the Commons Home Affairs Select Committee by Theresa May’s department just three months ago. At the time, the Home Office said that such a move would make it less likely that victims would approach the authorities. The change of tactic was unveiled during a speech by the PM in which he set out measures designed to address immigration “To force someone into marriage is completely wrong. And I strongly believe this is a problem we should not shy away from addressing. But I know that there is a worry that criminalisation could make it less likely that those at risk will come forward,” he said “So, as a first step, I am announcing today that we will criminalise the breach of Forced Marriage Prevention Orders,” Mr Cameron added. Our Family and Matrimonial team helps families across West London and Bucks. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/10/11/forced-marriages-to-be-made-illegal http://www.ibblaw.co.uk/blog/2011/10/11/forced-marriages-to-be-made-illegal http://www.ibblaw.co.uk/blog/2011/10/11/forced-marriages-to-be-made-illegal Tue, 11 Oct 2011 15:09:03 +0100 http://www.ibblaw.co.uk/blog.xml The opening hours of magistrates’ courts should be extended, according to justice minister Nick Herbert. Speaking to The Sunday Times, the Conservative politician indicated that courts could be made to stay open at the weekend and during the evening. He said that the extended court opening times which were introduced after the August riots offered efficiency benefits. “We need to learn from the response to the riots, where cases took days or even hours rather than the usual weeks or months,” he explained to the newspaper. Mr Herbert added: “We saw courts sit through the night and the Magistrates’ Association has pointed out that many of its lay members might prefer to work in the evenings or at weekends. Swift justice is currently the exception but it should be the rule.” Lessons learned from the riots are now being reviewed, according to an HM Courts and Tribunals Service spokesman. We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/10/10/calls-to-extend-court-opening-hours http://www.ibblaw.co.uk/blog/2011/10/10/calls-to-extend-court-opening-hours http://www.ibblaw.co.uk/blog/2011/10/10/calls-to-extend-court-opening-hours Mon, 10 Oct 2011 14:21:10 +0100 http://www.ibblaw.co.uk/blog.xml MPs have called on ministers to scrap a proposed law allowing police to store the DNA profiles of innocent people.  The Protection of Freedoms Bill currently making its way through Parliament could provide police with the option to keep DNA indefinitely for national security reasons, according to the Joint Committee on Human Rights.  Peers and MPs on the committee said the Government had failed to justify why this power would be necessary or proportionate.  Plans to curb the state’s right to intrude in private lives could result in up to one million innocent people having their DNA taken off the national database, according to Home Secretary Theresa May.  The new law would see those convicted of an offence or cautioned have their DNA stored indefinitely. The profiles of those who are charged but later cleared will be kept for up to five years.  But in a report on the proposed legislation, the committee said this posed “a significant risk of incompatibility with the right to a private life”. It warned that the plans may also create “a broad ‘catch-all’ discretion” for police to keep DNA indefinitely for reasons of national security. We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/10/07/mps-call-to-scrap-dna-storage-plan http://www.ibblaw.co.uk/blog/2011/10/07/mps-call-to-scrap-dna-storage-plan http://www.ibblaw.co.uk/blog/2011/10/07/mps-call-to-scrap-dna-storage-plan Fri, 07 Oct 2011 14:24:05 +0100 http://www.ibblaw.co.uk/blog.xml The partner of Energy Secretary Chris Huhne has launched legal action against a newspaper group for invasion of her privacy. PR adviser Carina Trimingham, 44, claims she suffered a ”cataclysmic interference” in her private life from a series of articles in the Daily Mail. Ms Trimingham’s adulterous affair with Mr Huhne, 57, came to light in June last year when the cabinet minister left his wife of 26 years.  She is suing the Mail’s publisher Associated Newspapers in the High Court for misuse of private information. Ms Trimingham’s counsel, William Bennett, told Mr Justice Tugendhat that the newspaper had used its expertise and determination to delve into his client’s private life, revealing embarrassing facts about her in eight articles and on its website.  The newspaper described Ms Trimingham as Mr Huhne’s “bisexual lover”, and called her “boyish”.  Mr Bennett said the articles referred to the “life and very different loves of the PR girl in Doc Martens”, disclosing that she had relationships with men and women “but generally not at the same time”. Associated “sent out the bloodhounds” to speak to unidentified “friends”, Mr Bennett added, leaving Ms Trimingham unsure of who she could trust. The judge adjourned the case until Wednesday. Our Family and Matrimonial team helps families across West London and Bucks. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/10/05/huhnes-partner-sues-daily-mail http://www.ibblaw.co.uk/blog/2011/10/05/huhnes-partner-sues-daily-mail http://www.ibblaw.co.uk/blog/2011/10/05/huhnes-partner-sues-daily-mail Wed, 05 Oct 2011 12:44:25 +0100 http://www.ibblaw.co.uk/blog.xml The Government’s Red Tape Challenge is set to focus on employment law over the coming five weeks. Members of the public and the business community will be given the opportunity to use the initiative’s website to suggest ways in which existing laws could be improved upon or completely scrapped by ministers. Employment law is the latest regulatory theme to be featured on the site. People will now be able to view legislation which falls into the categories of taking people on, letting people go, managing staff, and compliance and enforcement. Collective redundancy consultation periods are among the other issues which are set to be assessed by the Government during the review process, along with employment tribunal discrimination payouts. The creation of the Red Tape Challenge followed Business Secretary Vince Cable’s call last year for excessive regulation to be tackled in order to support the country’s economic recovery. Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/10/04/employment-laws-set-for-public-scrutiny http://www.ibblaw.co.uk/blog/2011/10/04/employment-laws-set-for-public-scrutiny http://www.ibblaw.co.uk/blog/2011/10/04/employment-laws-set-for-public-scrutiny Tue, 04 Oct 2011 13:54:09 +0100 http://www.ibblaw.co.uk/blog.xml Research predicts that a total £1.1 trillion will be being left in loved ones’ wills by 2047, compared to the £194 billion being left currently. The figures have been drawn up via the predictions of 2,000 45 to 55-year-olds. On average, they show that £238,000 will be left by 4.5 million people in 2047.  Increased job security, the value of homes shooting up and the fact that many people will have been the recipients of inheritance already are being given as the primary reasons for the jump. But 15 years later, HSBC’s Age of Inheritance in the UK report predicts the £1.1 trillion will be cut by 50%, due to longer life expectancies, and a higher cost of living than for those of the post-war baby boomers.  On average, people may leave about £46,000 in their wills by 2015, the survey found.  But more than half of those surveyed (53%) said they thought they would pass down their wealth, and leave an average of £237,911 in their will. The research acknowledged that as life expectancy increases, people will use more of their money to pay for the cost of living, and people will be older if and when they do receive an inheritance. By 2062, the HSBC report predicts the total left in wills will dip to £552 billion. For advice on issues relating to wills, trusts, probate and tax and estate planning, contact our specialist team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/10/03/1-1-trillion-to-be-left-in-wills-by-2047 http://www.ibblaw.co.uk/blog/2011/10/03/1-1-trillion-to-be-left-in-wills-by-2047 http://www.ibblaw.co.uk/blog/2011/10/03/1-1-trillion-to-be-left-in-wills-by-2047 Mon, 03 Oct 2011 15:03:06 +0100 http://www.ibblaw.co.uk/blog.xml The owners of a 15th century castle have been fined £10,000 after a workman was electrocuted while dismantling a marquee at the site. Polish labourer Krysztof Wiecek died in hospital after an 11,000-volt overhead power cable brushed the back of his head while he was taking down the structure, which had been used at the annual spring grand sale hosted at Sudeley Castle in Winchcombe, Gloucestershire. The sole directors of the castle, Henry Dent-Brocklehurst and his sister Mary dent-Brocklehurst were fined as well as James Pemble, the director of marquee company Zomar and Value for Money Co, the firm that put on the event. The castle had played host to the wedding of Hollywood actor Liz Hurley and Arun Nayar just weeks before the accident in which the 45-year-old father of three was killed. Value for Money Co was fined £11,000 plus £10,00 in costs, Pemble was fined £8,000 plus £8,000 costs and Sudeley Castle was fined £10,000 plus £10,000 costs at Gloucester Crown Court. IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/10/03/castle-owners-fined-following-death http://www.ibblaw.co.uk/blog/2011/10/03/castle-owners-fined-following-death http://www.ibblaw.co.uk/blog/2011/10/03/castle-owners-fined-following-death Mon, 03 Oct 2011 14:55:53 +0100 http://www.ibblaw.co.uk/blog.xml One in three employers plan to implement higher pay rises for their workers next year, a new report suggests. But with current economic uncertainty, the climate on wages will be “tough”, the survey by pay analysts IDS found. The group reported that more than 50% of employers were planning to make the same level of pay award next year as they did in 2011.  About a third said wage increases would go up next year, but 13% said increases would drop.  Most pay awards have increased in 2011, IDS found, and pay freezes had dropped to low levels not seen since the end of 2008. This year, median wage increases were running at 2.5%, in comparison to last year’s 2%.The manufacturing industry generally saw the highest pay awards, with private services dropping behind, IDS said.  IDS’ Ken Mulkearn said there will be conflicting pressures on pay in 2012. “If the recession recedes, there may be pressure for higher awards, particularly at firms where increases were lower or zero before,” he said “Continued high inflation adds to this pressure, but the uncertain economic outlook, and the impact of public sector cuts on both the wider economy and the labour market will make for a tougher climate when it comes to decision-making on pay.” Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/09/29/pay-rises-may-increase-says-ids http://www.ibblaw.co.uk/blog/2011/09/29/pay-rises-may-increase-says-ids http://www.ibblaw.co.uk/blog/2011/09/29/pay-rises-may-increase-says-ids Thu, 29 Sep 2011 14:34:36 +0100 http://www.ibblaw.co.uk/blog.xml A webinar by IBB Solicitors’ Paul Brampton In this free webinar IBB Solicitors’ Partner Paul Brampton explains how the Local Democracy, Economic Development and Construction Act 2009 will make far reaching changes to the Construction Act, and how day-to-day payment procedures and the rules on suspension and adjudication will be affected. He will also examine the impact on the development and construction industries and looks at the simple steps that companies can take to avoid falling foul of the new rules. The Construction Act 1996 became law on 1 May 1998. At the time Building magazine described it as “the most significant piece of legislation to hit the industry for decades”. It was a legislative result of the 1994 Latham report and was intended to make payment practices fairer, introducing industry-wide adjudication, which was intended to be faster and cheaper than litigation and arbitration for resolving disputes. Few construction practitioners can say that they have not been affected by the legislation – it has been a very prevalent part of the landscape for the past 13 years. But this is all set to change on 1 October 2011. Paul Brampton has been a specialist construction and engineering solicitor for 15 years and advises on all aspects of contentious and non-contentious work. He is ranked as a leader in his field in the Chambers legal directory and his work is recommended in the Legal 500. Paul holds a degree in civil and structural engineering, and has written for Building Magazine, Construction News, Legal Week and the Financial Times. He sits on the Committee of the London Constructing Excellence Club. ... http://www.ibblaw.co.uk/blog/2011/09/28/construction-act-changes http://www.ibblaw.co.uk/blog/2011/09/28/construction-act-changes http://www.ibblaw.co.uk/blog/2011/09/28/construction-act-changes Wed, 28 Sep 2011 16:07:45 +0100 http://www.ibblaw.co.uk/blog.xml A maintenance contractor whose unsafe working practices caused an employee to drown has been ordered to pay out £155,000. Epsco Ltd was held responsible for the death of Michael Benn, who was killed while working at a North Wales power station to remove debris from part of a cooling tower. Mr Benn, 37, from Glenrothes, Fife was working alongside two others at Connah’s Quay Power Station on August 27, 2007, when he entered an enclosed culvert to check the depth of water in the sump. Mr Benn tragically drowned after falling in.  Epsco, of Arran Road, Perth, Scotland, was prosecuted by the HSE for failing to have a safe system of work in place. The investigation found that Mr Benn had been working in poorly lit conditions inside the cooling tower.  HSE Principal Inspector Colin Mew said: “The real tragedy here is the human cost that has resulted from the death of Michael Benn and the ease with which his death could have been prevented – I hope that other employers take heed of this message”. Epsco pleaded guilty to a charge under Section 2 (1) of the Health and Safety at Work etc Act 1974. Mold Crown Court ordered the company to pay costs of £120,000 on top of its £35,000 fine. Malcolm Underhill, Partner in IBB’s Personal Injury team, comments: “This successful prosecution against the contractor is likely to lead to a successful claim for damages from Mr Benn’s family, against that same contractor.          “Fortunately workplace fatalities have been declining over the years, but when they do happen, there is a considerable cost to the victim, their family,  those responsible for organising the workplace and society.” IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/09/28/fine-of-155k-for-drowned-worker http://www.ibblaw.co.uk/blog/2011/09/28/fine-of-155k-for-drowned-worker http://www.ibblaw.co.uk/blog/2011/09/28/fine-of-155k-for-drowned-worker Wed, 28 Sep 2011 14:13:48 +0100 http://www.ibblaw.co.uk/blog.xml Around 120,000 victims of stalking, most of whom are women, are being left wanting by the criminal justice system every year, a trade union has claimed. Of the total number of victims, just 53,000 are actually recorded by police as crimes. And of these, only one in every 50 ever lead to someone being imprisoned for stalking. Only those deemed to exhibit violent behaviour are eventually put in jail, according to Napo which represents probation and family court staff. The union’s assistant general secretary, Harry Fletcher, said: “Unless stalking laws are reformed and therefore treated seriously, women will continue to be assaulted, psychologically harmed and even murdered.” Laura Richards, a Protection Against Stalking psychologist, said: “Too often the pattern of stalking behaviour and the escalation is missed by professionals – people pay with their lives. It’s time for change.” Meanwhile, shadow home secretary Yvette Cooper has told Labour party conference delegates that she will commit to devising a new law on stalking if the party returns to government. She said stalking cases escalate into much more dangerous crimes because of a “lack of clarity” in current law. We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/09/28/stalking-victims-not-seeing-justice http://www.ibblaw.co.uk/blog/2011/09/28/stalking-victims-not-seeing-justice http://www.ibblaw.co.uk/blog/2011/09/28/stalking-victims-not-seeing-justice Wed, 28 Sep 2011 14:11:02 +0100 http://www.ibblaw.co.uk/blog.xml Ministers have revealed that support for victims of crime will be boosted by up to £1 million annually. The Ministry of Justice said that the cash will be be deducted from the wages of some 500 prisoners who work in communities, in some cases representing up to a 40% pay cut. The move comes under Justice Secretary Kenneth Clarke’s far-reaching Prisoners’ Earnings Act – which came into effect on Monday. Under the act, 40% of prisoners’ wages over £20 per week can be given to Victim Support. This percentage comes after tax, National Insurance and any court-ordered or child support payments. Prisoners working inside jails could also see their weekly pay packet hit under further plans – despite the average being just £10. Policing Minister Nick Herbert said: “For too long the financial burden of repairing the damage done by crime has fallen to the taxpayer alone. “Making offenders pay financial reparation to victims will require them to take personal responsibility for their crimes and go some way towards making redress to victims through the funding of crucial support services.” We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/09/26/prisoners-wages-given-to-victims http://www.ibblaw.co.uk/blog/2011/09/26/prisoners-wages-given-to-victims http://www.ibblaw.co.uk/blog/2011/09/26/prisoners-wages-given-to-victims Mon, 26 Sep 2011 14:19:43 +0100 http://www.ibblaw.co.uk/blog.xml Five countries, including the UK, are objecting to an EU policy which aims to set a universal standard for allowing accused people access to criminal lawyers during investigations. A declaration to be given to a meeting in Brussels on Friday argues that the EU Commission’s plan will create “substantial difficulties for the effective conduct of criminal proceedings by their investigating, prosecuting and judicial authorities”. The objection centres on giving accused persons the right to have a lawyer present at every investigative meeting conducted in criminal cases, which would include instances of fingerprints being taken. A motion was raised earlier this month at the House of Commons, outlining criticism of the EU proposal. The declaration also claims that permitting such access to a lawyer will restrict criminal investigations and proceedings and does not “strike the right balance” with the rights of suspects over investigating and prosecuting those who are guilty. The declaration insists: “It is not possible to legislate to enhance and strengthen the rights of defendants, either at EU or domestic level, without also factoring in the resources and functioning of the criminal justice system.” Belgium, France and The Netherlands are the other three opposing countries. We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/09/23/uk-objects-to-lawyer-access-move http://www.ibblaw.co.uk/blog/2011/09/23/uk-objects-to-lawyer-access-move http://www.ibblaw.co.uk/blog/2011/09/23/uk-objects-to-lawyer-access-move Fri, 23 Sep 2011 14:10:40 +0100 http://www.ibblaw.co.uk/blog.xml The Business Secretary has claimed that new EU employment laws will impact upon the economy. Vince Cable was speaking ahead of the changes in a private letter to Coalition colleagues, the Daily Mail has reported. He said that the move from union chiefs to support the changes – which come into effect in October – left ministers’ ability to take action “constrained”. The leaked letter was co-signed by deputy, Edward Davey, with the pair calling the changes “controversial”. The reformed regulations for temporary workers have left many firms and businesses “concerned” over the costs implementing them will accrue, according to the letter. However, they claim that their bid to dilute the changes has been shunned by the Trades Union Congress. The letter claimed that if such an action was carried out without union backing the issue could end up in the courts. Mr Cable and Mr Davey said: “Our ability to make changes is constrained because [the regulations] are based to a significant degree on the CBI and TUC agreement also brokered by the previous administration. “The unique legal situation means amendments we might have made, which did not have the agreement of both those parties, could be ruled illegal by the courts.”  Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/09/22/cables-fears-over-employment-changes http://www.ibblaw.co.uk/blog/2011/09/22/cables-fears-over-employment-changes http://www.ibblaw.co.uk/blog/2011/09/22/cables-fears-over-employment-changes Thu, 22 Sep 2011 14:01:24 +0100 http://www.ibblaw.co.uk/blog.xml Tesco has submitted revised plans for its own ‘village’ in Hillingdon. The group wants to build houses, a hotel and a new superstore on the site previously occupied by the Master Brewer Hotel at Hillingdon Circus. The plans have been scaled back following a failed application by the supermarket chain in 2005. The original application included plans for 221 homes to be built on the site, but this has now been reduced to just 53. However, Tesco’s regeneration arm Spenhill said this number is likely to increase, with proposals for 99 residential parking places on site. Plans for the ‘Tesco village’ have received a mixed reaction from local residents. Revenue officer Nicola Redhead, who lives in nearby Victoria Avenue, said she was keen to see the project go ahead. “I was in favour of the plans last time. The area needs development and new jobs. Progress is important to help the area out of recession, change does not have to be a negative. I believe it can be a positive,” she said. But another resident, Chris Phillips, said: “My greatest fear is that Tesco will agree to pay Hillingdon Council such an attractive section 106 planning gain to get what they want in the current climate that the council will not have the courage to reject.” IBB has one of the largest real estate groups in West Londonand the South East, with expertise in commercial development, residential development, real estate finance, real estate investment and management, construction and real estate dispute resolution. Contact a member of the team by visiting the relevant service page, or you can call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/09/21/west-londoners-divided-on-tesco-village-plans http://www.ibblaw.co.uk/blog/2011/09/21/west-londoners-divided-on-tesco-village-plans http://www.ibblaw.co.uk/blog/2011/09/21/west-londoners-divided-on-tesco-village-plans Wed, 21 Sep 2011 13:17:26 +0100 http://www.ibblaw.co.uk/blog.xml The Government has unveiled a series of proposals aimed at resolving workplace disputes without the need for employment tribunals. Ministers are looking at ways to reduce the number of claims by encouraging settlements between staff and their employers. One of the most controversial proposals could see employees only able to claim unfair dismissal after two years, instead of the current period of one year. It is hoped that such a move could reduce the number of claims by up to 4,700 a year. Other proposals under consideration include higher financial penalties for employers that breach workers’ rights, and withdrawing expenses from hearings to encourage earlier settlements. Meanwhile, hearings could take place before a single employment judge and witness statements may be taken as read in an effort to reduce the time needed to complete a settlement. The plans are being considered as part of the Government’s ‘Resolving Workplace Disputes’ consultation, which closed in April. A response on the consultation is due in the autumn. The Road Haulage Association has criticised the plan to double from one year to two the qualification period before an employee can claim unfair dismissal, saying the move would have little positive impact.  Bob Monk, general secretary of the United Road Transport Union, said: “A change that forces an employee to wait two years before they are protected against unfair dismissal will encourage bad employment practices. If a dismissal is unfair, it is no less likely to be unfair on day one than it is one or two years later.” Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/09/20/government-plans-tribunal-reform http://www.ibblaw.co.uk/blog/2011/09/20/government-plans-tribunal-reform http://www.ibblaw.co.uk/blog/2011/09/20/government-plans-tribunal-reform Tue, 20 Sep 2011 14:18:18 +0100 http://www.ibblaw.co.uk/blog.xml Businesses have been given clearer guidance on the need to pay people who carry out internships, work experience or work placements for them. The updated information says people taken on on this basis may be entitled to the national minimum wage (NMW), and it clarifies when this would be the case. The guidance notes that entitlement to the payment does not depend on what job title they are given, but on whether their specific arrangements make them a worker for NMW purposes. Edward Davey, the Government’s employment relations minister, said: “Internships and work experience of all forms offer an excellent opportunity in helping to bridge the gap between education and the workplace. And for businesses it allows them access to a wide talent pool of some of our best and brightest who didn’t take the traditional route into a job. “Fairness though is absolutely paramount with all placements. When a worker is entitled to the minimum wage, they should be paid it and we will continue to enforce the law. This publication will help clarify this for employers and will also make sure that all interns and those on work experience placements have a better understanding of their entitlement to the minimum wage.” Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/09/19/new-guidance-on-intern-payments http://www.ibblaw.co.uk/blog/2011/09/19/new-guidance-on-intern-payments http://www.ibblaw.co.uk/blog/2011/09/19/new-guidance-on-intern-payments Mon, 19 Sep 2011 15:01:31 +0100 http://www.ibblaw.co.uk/blog.xml Flexible working should be introduced for all workers, a HR body has claimed. The Chartered Institute of Personnel and Development (CIPD) is working with the Government to develop employment law to include flexible working. The CIPD said both businesses and staff can benefit from less regimented work patterns.  Mike Emmott, employee relations adviser at the CIPD, said flexible working rules were a “good example of light-touch regulation.” He said that many employers were already considering the measures and the benefits of helping their workforce to achieve a better work/life balance. CIPD members also backed the direction of travel outlined in the flexible parental leave plans, Mr Emmott said. The proposals are aimed at encouraging a more equal sharing of parental leave and pay between parents. Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2011/09/16/call-to-extend-flexible-working-rules http://www.ibblaw.co.uk/blog/2011/09/16/call-to-extend-flexible-working-rules http://www.ibblaw.co.uk/blog/2011/09/16/call-to-extend-flexible-working-rules Fri, 16 Sep 2011 12:37:41 +0100 http://www.ibblaw.co.uk/blog.xml