Name Changing and the implications for SMEs
The process of starting a business from scratch has always been wrought with risks and obstacles. Now, more so than ever, the hoops and hurdles one faces in running a company are enough to discourage even the most seasoned executives from putting their names above the door. Causing particular concern in recent weeks has been the news that a rise in the number of individuals changing their name has resulted in an increase in fraudulent behaviour affecting small and medium sized enterprises (SMEs). It has been reported that the UK Deed Poll Service will have changed around 60,000 people’s names by the end of this year.
The Bribery Act – One Year
1st July 2012 marks the one year anniversary of the Bribery Act 2010 coming into force. It is therefore perhaps surprising that to date, the only person caught by the legislation has been a local court clerk. The Serious Fraud Office (‘SFO’) continues to bring prosecutions against directors of larger corporations like the Innospec executives David Turner, Dennis Kerrison and Paul Jennings, under the old regime. Add to this the fact that, according to the Bribery Payers Index 2011, global perception is that bribery in the UK has actually increased in recent years. The corporate and legal spheres might therefore be wondering whether this Act really has any teeth. One year on, has the Bribery Act really made any difference to corporate practice in the UK?
Government's proposals to greatly reduce the capability review period for underperforming school teachers
As I was stuck in traffic on my way to work last Friday (Friday the 13th was living up to its billing) I overheard a piece on the radio that caught my ear. The Government was to announce measures that would mean “bad” teachers could be sacked within a term. Let the battle commence. In the blue corner we had Michael Gove telling us how it was not right that bad teachers are tolerated for so long. In the red corner we had Christine Blower (General Secretary of the National Union of Teachers) telling us how this was potentially a Bully’s Charter.
Employment Law - Companies in administration
The UK is once again bracing itself for the possibility of a double-dip recession after disappointing Christmas sales were announced by high street retailers. It has been suggested that 2012 will see a Europe-wide recession with the possibility of a number of countries leaving the eurozone; but are the recent decisions of the judiciary assisting in the struggle to re-vitalise the economy or hindering it?
Proposals to give inheritance rights to cohabiting couples
The Law Commission has recommended changes to the law affecting unmarried cohabiting couples when one of them dies. These proposals have been a long time in the making but the Government has not yet indicated when it will respond to the recommendations. It should be noted that last autumn the Government rejected the Law Commission’s previous proposals giving unmarried couples property rights when they separate.
Abuse of Elderly at Partridge Care Centre
Evidence of neglect and abuse at a private nursing home in Essex has been uncovered by a BBC investigation.
In August 2011 Partridge Care Centre, in Harlow, was at the centre of a police inquiry after three people were taken to hospital with "diabetes related problems". Two women in their 80s died, although Essex Police dropped the investigation saying there was no evidence of "any relevant criminal offences".
HS2 Confirmed
Now that we know the position, namely that the Government has decided to proceed with High Speed Rail and, specifically, HS2 Limited’s “Route 3”, albeit amended to increase the extent of tunnels, it is essential that those who have not given thought to the impact and the necessary steps to be taken turn their minds to the next stages in the process.
Health and Safety Statistics 2011
The latest statistics from the Health and Safety Executive (“HSE”) contains good and bad news for Britain’s workforce. In some areas there has been improvement in reporting of illness and injury, but there also statistics of concern.
Poly Implant Protheses (PIP): Government Clarity or Confusion?
The Government has sought to clarify their position in respect of the PIP implants by publishing advertisements in national newspapers. The Government has said there is no need for routine removal of the PIP implants, but that women should be able to have the implants taken out by private clinics of the NHS if they are anxious.
Employment Law Reform
The Government has committed itself to reforming employment law as part of its bigger ‘Plan for Growth’ which aims to boost business confidence and growth in spite of the UK’s troubled economic climate. In January 2011, the Government commissioned its consultation paper, Resolving Workplace Disputes, which focused on measures to encourage early resolution of employment disputes, speeding up the Employment Tribunal process and tackling weak and vexatious claims.
Family separation and counselling
It is well recognised that counselling in its many forms can give families invaluable support during separation or divorce.
Quite correctly, the Family Procedure Rules 2010 now require (save in exceptional circumstances) a person who is considering making a Court application to attend a Mediation, Information and Assessment Meeting. The purpose of the meeting is to ask for and obtain information from that person, which will help explore alternative ways to resolve family disputes rather than Court proceedings. In particular, this will consider the merits of mediation and collaborative law.
Battling employment law to boost the economy
It is no secret that the current state of economic play has made for some tumultuous economic times. The Government has focused its efforts on considering ways in which it can boost business confidence and create conditions for businesses, particularly SMEs, to grow and expand. Employment regulation was high up on the hit list. January 2011 saw the Government’s consultation on Resolving Workplace Disputes and things have moved on swiftly since then. The Government has committed itself to increasing the qualifying period for unfair dismissal from one year to two years from April 2012.
Name Changing: Fad or Fraud?
Concern is rising within the business community over the increase in fraudulent activity arising from individuals legally changing their names. With prices ranging between 50 pence and £33, it is now easier to change your name than it is to do your online banking. It is estimated that, by the end of this year, more than 60,000 people will have new legal identities.
Public Benefit: What now for independent schools?
Jo Coleman considers the impact of the recent Tribunal ruling on public benefit for independent schools; as featured in Independent Schools Magazine November-December 2011 Issue.
Private Client Bulletin - Winter Edition
As I write this, it is officially 47 days until Christmas. I am quite astonished at how
quickly this past year has flown by. “It seems like only yesterday...” - I’m sure
these words cross everyone’s minds as a new year approaches, but that isn’t to say
that nothing has happened in the past year. Global uprisings, economic showdowns
and individual tragedies. Our thoughts are with those directly affected.
Who will make decisions for you?
Recently, the Court of Protection refused to allow the withdrawal of artificial nutrition and hydration to a woman in a minimally conscious state. Maybe you think this has little relevance to most of us. In this case, the Court decided (against the wishes of the family, who had the support of treating doctors) that they should take all steps to preserve life. The Mental Capacity Act 2005 requires the Court to take into account the wishes and feelings of the patient when determining what is in their best interests. Although in this case, the patient had expressed views before she became ill, there was no formal Advance Decision in place stating that she wanted artificial nutrition and hydration withdrawn in these circumstances.
Why the Big Society does not offer a Fair Deal for Charities
The Coalition has a driving ambition: to put more power and opportunities into people’s hands. A key part of this is the opening up of public services enabling charities, social enterprises, private companies and employee-owned services to compete to offer people high quality services.
West London Retail – Survival of the Fittest?
The Government has announced its intention to turn around the fortunes of Britain’s suffering high streets after data has shown that the number of vacant shops has tripled to more than 14 percent since 2007.
The New Payment Regime under the Construction Act 1996 – Post 1 October 2011
The amendments to the Construction Act 1996 (“the Act”) brought in by the Local Democracy, Economic Development and Construction Act 2009 (“LDEDCA”) take effect on 1 October 2011 in England and Wales, and 1 November 2011 in Scotland.
In brief, the LDEDCA amends the Act by (i) introducing a new payment regime (ii) bolstering a payee’s right to suspend for late payment, (iii) removing existing barriers to adjudication and (iv), by making written and oral contracts subject to the Act.
The Pitfalls of Part 36 - a new focus
The purpose of this article is to consider the impact of the relatively recent changes to Part 36 of the Civil Procedure Rules and, thereafter, to provide practical advice on how to avoid the resulting dangers and pitfalls that are now associated with this established area of law.
New Stamp Duty Land Tax Relief for Acquisition of Multiple Dwellings
The Finance Bill 2011 introduced a new stamp duty land tax (‘SDLT’) measure aimed at kick-starting the residential property investment market. This relief was enacted on 19 July 2011 and applies to the acquisitions of interests in multiple dwellings where the ‘effective date’ of the transaction is on or after 19 July 2011. The legislation governing the relief is contained in a new Section 58D and Schedule 6B in the Finance Act 2003.
Care in Crisis
Castlebeck Care and Southern Cross - just two of the care companies who have hit the headlines in 2011. Horrific abuse was uncovered at one of Castlebeck’s homes for vulnerable adults, and Southern Cross, Britain’s largest care homes operator, went into administration, leaving its 31,000 residents uncertain as to their futures. While the facts differ, the question arises as to how much do we really care about how the vulnerable in our society are treated?
The religious discrimination issue
The Church of England has recently attempted to reopen the long-running debate over the issue of religion (and religious expression) in the workplace. As Jonathan Bruck describes, the legal position on this is far from straightforward.
How far employers should go in accommodating the religious needs and requirements of staff is an issue that typically polarises opinion. The Church believes that some employers do not go far enough. A senior figure at the Church urged the government to tackle employers who give expressions of faith as automatically “offensive” and expressed “great concern” over what he believes are employers who overreact to expressions of faith in the workplace. However, there are others who believe that some employers are too accommodating (to the detriment of other staff and the business).
The new road traffic accident claims process
Introduction
On 30 April 2010, the way in which personal injury claims arising from road traffic accidents changed. The aim of the new procedure is to deliver fair compensation to the injured person as quickly as possible.
For road traffic accidents taking place after this date, the process will apply to cases in which there is a reasonable expectation that the value is greater than £1,000 but no more than £10,000.
The process is divided into 3 separate stages, each of which carries its own fixed costs. The new process is unlikely to be profitable to those claimant firms which do not carry out a great deal of personal injury work, and in particular those without fee earners of Grade D level to have day to day running of the case.
The new process is supported by a new Protocol, as well as amendments to the Civil Procedure Rules 1998 and its Practice Directions.
Personal injury litigation process
Abstract
This paper considers the claims process for personal injury matters, both prior to and post commencement of litigation. There is an examination of the personal injury pre-action protocol and thereafter, the actions required to commence legal proceedings. Flowing from this is a step by step guide to the actions required to prepare a case for trial. It concludes with a summary of the trial process, in the event that the case is not resolved by other means.
Being charitable may reduce IHT
In the Budget on 23rd March 2011, the Chancellor announced various measures to encourage charitable giving and to reduce the administrative burdens on charities. The most significant of these is that for deaths on or after 6 April 2012, a reduced rate of Inheritance Tax (IHT) of 36% will apply where 10% or more of a deceased’s net estate
(after deducting IHT exemptions, reliefs and the nil rate band) is left to charity. The Government has now published its consultation which closes on 31st August 2011.
Due care and attention
The Mental Capacity Act 2005 (“the Act”) came into force on 1st October 2007 and the changes included the new Lasting Power of Attorney (LPA) Health and Welfare. Before the Act it was not possible to appoint an attorney to make welfare decisions. Therefore it was expected that these new LPAs would prove popular, as an individual could now choose who they wanted to be making their welfare decisions in the event they have become mentally incapable of making these decisions themselves. As at the end of 2010, the Office of the Public Guardian had registered 38,000 Health and Welfare LPAs. This compares with a figure of 210,000 for the registration of Enduring Powers of Attorney and Lasting Powers of Attorney Property and Financial Affairs.
Neary case fires warning shot to local authorities
The case of Hillingdon Council v Neary and others will send shivers down the spines of the carers of vulnerable people in England and Wales as more is revealed about Mark Neary’s 18 month struggle with Hillingdon Council on behalf of his autistic son, Steven Neary.
Lessons from the Southwark v IBM case
1. A key failing of the procurement exercise was that Southwark did not set out in writing what its precise requirements were, notwithstanding that a paper was prepared by consultants acting for Southwark, which called for a "Customer Requirements Document" which would "outline in precise and explicit language the functions and capabilities for the MDM system.”
Mothers in the workplace – changing times
Many of our employment laws since 1996 have focused on protecting the rights of working mothers and ensuring that working mothers are given every opportunity to enjoy a healthy work/family life balance.
A recently published survey has provided an interesting insight into how the nature of female workforce has changed during that period. The survey, which was published by the Office for National Statistics, could serve as a useful indicator as to how employment law.
School Mergers
With economic conditions remaining tough, it is likely that many Heads and Governing Bodies have by now considered who their possible merger partners might be. Anecdotally, the most common reason to consider merger is in response to financial crisis. There are other schools who are using the financial situation to ‘acquire’ competing schools or who are coming together in federated structures to benefit from more dynamic and strategic leadership and achieve efficiencies.
Payers beware
Many would say The Housing Construction and Regeneration Act 1996 (the Act) has succeeded in its aim to improve cash-flow in the construction industry. The Local Democracy Economic Development and Construction Act 2009 (the new Act) is due to become law later this year (expected October 2011). Its aim is to improve cash-flow further still.
Payees (persons seeking payment) are the intended beneficiaries. Payers (eg contractors liable to pay sub-contractors) are put to task by the legislation.
Private Client Bulletin - Summer Edition
For many of us, the improved weather and longer days make us want to take on new challenges. For my part, I have just taken on the voluntary role of Company Secretary for a wonderful local charity, Shed@ThePark. Irene Perrin, current chair of Shed, tells us a little more about the organisation in this edition.
MPs who named names could end up less privileged than they think
The outing of Sir Fred and Ryan Giggs using parliamentary privilege may conflict with the Human Rights Act
In outing Sir Fred and Ryan Giggs, Lord Oakeshott and John Hemming breached the injunctions that these litigants had obtained. Ordinarily, a serious breach of an injunction such as this will give rise to proceedings for contempt of court against the wrongdoer, who can be punished by the imposition of a fine and/or imprisonment. No doubt, however, both parliamentarians thought they could breach a super-injunction with impunity by “outing” their target by words spoken in the House of Lords (in the case of Lord Oakeshott) and the House of Commons (in the case of John Hemming). They would have had in mind article 9 of the Bill of Rights 1689 which, on the face of it, confers absolute legal immunity to members of either House for what they say or do in proceedings in Parliament.
Addressing gender inequality in the boardroom
Lord Davies' much awaited independent review on the under-representation of women in the boardroom was published at the end of February. The coalition Government had asked for the review to be conducted because of its concerns on the issue. However, opinion is divided as to whether the recommendations that the report made will help break the 'glass ceiling' that many say still exists for women in business.
