The UK Bribery Act - One Year On
The first anniversary of the coming into force of the UK Bribery Act 2010 (the ‘Act’), 1st July 2012, is swiftly approaching. Yet, to date, the Serious Fraud Office (‘SFO’) has brought only one prosecution — against a low level court clerk. Some might argue that the Act is a far cry from the hard-hitting tool against corruption that SFO director, Richard Alderman, was heralding back in 2011, before the Act came into force.
True, no criminal statute has retrospective scope, so the Act can only be applied to acts which have occurred afterthe 1st July 2011. Add to this the fact that, in many cases, investigations into allegations of commercial bribery will necessitate long and complex investigations. Nonetheless, it is difficult to see how — with the Act’s simple and clear cut provisions — the SFO has not been able to secure any more than one conviction under this legislation to date.
Lawrence V Gallagher Analysis
On the 29 of March 2012 the Court of Appeal handed down its first judgement in an appeal concerning a financial settlement in a civil partnership.
Business Questions - FT Weekend
David Clark offers commercial business advice in the Financial Times' FT Weekend magazine.
HS2 Update in the Uxbridge Gazette
An update on the latest HS2 developments from the Uxbridge Gazette with comment from Gillian Outram.
The Charities Act
Charity law has long been criticised for being fragmented and hard to follow. For the last five years, the Law Commission has been working hard to simplify and consolidate existing charities legislation. After several attempts to get the new consolidated Charities Bill through Parliament, it finally received Royal Assent on 14 December 2011, becoming the Charities Act 2011.
The Muddle of Social Media
John Flexman has recently hit the headlines as a result of his claim for constructive unfair dismissal against his former employer, BG Group.
IHT break for the charitable will have little real impact
The 2011 Budget included measures which the Government hoped would encourage and increase charitable giving. The most high profile of these was the proposal to introduce a lower rate of Inheritance Tax where a testator (who dies on or after 6 April 2012) leaves at least 10% of their net estate (after exemptions, reliefs and the nil rate band) to charity. Instead of Inheritance Tax being charged at 40% on the taxable part of the estate, it would be reduced to 36%.
Residential Service Charges in London
The London Assembly’s Planning and Housing Committee published a report on 1 March 2012 entitled Highly Charged. It outlines the current problems leaseholders face with residential service charges in London and seeks to implement recommendations.
Professional Indemnity Certificate 2011-2012
IBB's Professional Indemnity Certificate for 2011-2012.
IBB complaints procedure 2012
We hope you never have reason to complain, but if you do please follow these steps to ensure your concerns are resolved quickly.
Back to Basics: Consequential Losses
When a contractor breaches a construction contract, the general rule is that the employer will be entitled to recover damages for (i) losses that a reasonable person would expect the relevant breach to produce (direct losses) and (ii) any other losses that the parties would, at the time they made the contract, have reasonably expected to result from the breach (consequential losses).
Tribunal claims under the transitional retirement provisions
On 6 April 2011, the Employment Equality (Age) Regulations 2006 (“the Regulations”) were repealed, meaning that retirement could no longer be a potentially fair reason for dismissal. Transitional provisions are in operation in respect of retirements where notifications were given before 6 April 2011.
The case of Bailey v R&R Plant (Peterborough) Ltd UKEAT/0370/10 identified a potential problem in respect of retirement notifications which could have implications for many employers who retired employees last year. Jonathan Bruck of IBB solicitors explains.
HS2 - March 2012 Update
Our friends at Knight Frank have kindly supplied an update on what property owners should be considering in light of developments in the HS2 project.
HS2 - Access Agreement Requests
Our friends at Knight Frank have kindly supplied an update on what property owners should be considering in light of developments in the HS2 project and access agreement requests.
Insurers Unsympathetic to Widow
In life there are conflicts and disputes between individuals. Some of those can be resolved quite quickly, with an apology; others remain unresolved and cause good relationships to deteriorate for all time. Unfortunately, it is the same in litigation. Where one person suffers due to the act or omission of another, it is always possible for the insurers of the person or organisation having failed in their duties, to immediately make an apology and to offer recompense to the injured party in line with well-established legal principles. Unfortunately, it is rare that an insurer or their policyholder offers an apology when they have caused suffering. Further, they are rarely swift in acknowledging fault. This was well illustrated in the case of Evans v Royal Borough of Windsor and Maidenhead and Charles Wilson Engineers Limited [2011] EWHC 2096 (QB). The facts of the accident and subsequent fatality of Mr Evans can be summarised from the trial judge’s judgment on liability.
Client Confidence
A client came to IBB as she was dissatisfied with the level of communication with her previous solicitors and particularly their failure to respond to her within a reasonable time frame. As a consequence of this poor service she instructed IBB, as the firm and a particular lawyer had been recommended to her by a friend who had benefitted from instructing IBB.
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.
