Publications by Fran Button
Michelmores hosts Future Homes Forum
Michelmores LLP was selected to host a forum of house builders, developers, planners, architects and bankers are to discuss the future design and delivery of new homes.
ExIST Sponsors Reception
Robert McIlwraith, Chairman of Exeter Initiative for Science and Technology, thanked sponsors and supporters of the initiative. Since its inception last June the group has attracted support from Eagle One, Exeter College, the Met Office, Michelmores and South West Communications.
Michelmores reports strong year end results
Michelmores today announces its unaudited financial results, posting a 5% increase in turnover to £19.2m for the financial year ending April 2012. Staff will immediately benefit with the award of a minimum 3% of salary bonus across the firm.
Organisers looking for sponsors for Silver Jubilee Estuary Swim
Leading law firm Michelmores has undertaken the sponsorship and management of the Estuary League of Friends annual Topsham to Turf fundraising swim and is currently looking for sponsors from the business community to support the popular charity event.
Property lawyers oversee new air base deal
Specialist property lawyers from Michelmores have advised Exeter Airport on a development agreement and lease for a new joint helicopter facility for Devon & Cornwall Police Authority and Devon Air Ambulance Trust.
Michelmores acts in £125 million procurement deal
Michelmores LLP acted for Devon County Council in the procurement of a partner for a joint venture which has been awarded a contract to manage the County's education and inclusion support and improvement services to schools.
Michelmores puts best feet forward
After raising in excess of £100,000 for Hospiscare over the last three years, leading Westcountry solicitors Michelmores have once again gone the extra mile in support of the much respected local charity.
Ongoing Employment Law Review
As part of its ongoing review of the current employment law framework, the Government has recently launched a call for evidence on existing dismissal processes and associated ACAS guidance. In addition, it is continuing to explore the notion of compensated no-fault dismissal for businesses with fewer than 10 employees. This proposal would enable small businesses to dismiss an employee where no fault on their part had been identified, provided a set amount of compensation was paid to them.
Michelmores apprehended by the Met
Michelmores LLP has been appointed to provide legal services to the Metropolitan Police and the Mayor's Office for Policing & Crime in two areas - firstly, commercial and residential property and PFI and, secondly, commercial, contracts and procurement.
Look after your people and they will look after you
Michelmores introduces yoga sessions for employeesStaff wellbeing is at the core of the Human Resources strategy at Michelmores Solicitors and this has led to the innovative law firm providing some interesting on-site services for staff, including more recently, the introduction of after work yoga classes.
Michelmores acts for Universities in securing funding
Michelmores provided legal advice to University College Falmouth and the University of Exeter in connection with £8 million of funding from Lloyds Bank for new student accommodation at Glasney Student Village on the Tremough Campus at Penryn.
Beer Festival to support Adoption Charity
Some of the region’s best known brewery companies will be attending the increasingly popular Michelmores Annual Beer Festival which this year will be raising funds for Exeter based adoption charity, Families for Children.
Managing Partner Interview with The Western Morning News
Capital links lead to international leads for growth-focused law firmLaw firm Michelmores is seeking to grow its turnover by 12 per cent for the next financial year on the back of increased work streams from London and beyond.
Michelmores announces expansion of London office
Michelmores has announced the expansion of its London office with the addition of two senior lateral hires, Paul Paling and Dennis Lee. The firm also confirmed that it will move its London office into larger premises at 48 Chancery Lane, in the heart of London’s legal district.
Simon Thomas – My Working Week
Simon Thomas is a partner at Michelmores LLP and Head of the Family Law Team. He specialises in matrimonial cases with particular emphasis on the financial consequences of divorce and relationship breakdown.
Michelmores advises on aerospace MBO
Sky’s the limit for Barnstaple based Aero StanrewThe Business Group at Michelmores has advised the management team at Barnstaple based Aero Stanrew on its recent Management-Buy-Out.
Exeter lawyers step out for Hospiscare
A team of rugby mad lawyers from Exeter based Michelmores Solicitors are theming their 10K walk on behalf of Hospiscare on the forthcoming international match at Sandy Park between England and Ireland in the Six Nations Championship.
Michelmores colleagues celebrate Fellowship
Four highly regarded Michelmores legal executives are celebrating after receiving certificates confirming their Fellowship of the Institute of Legal Executives (ILEX) in 2011 after 2 years practicing as ILEX Graduates.
Michelmores delighted as work starts on Skypark Energy Centre
Lawyers at Michelmores LLP are celebrating the commencement of work on Exeter Skypark and Cranbrook Energy Centre. This is a major step forward in the creation of the £210 million Skypark business park being developed by the firm’s client Skypark Development Partnership LLP, a joint venture between St. Modwen Development Limited and Devon County Council.
Creating Opportunities Award for Exeter based Law firm
Michelmores - a leading South West law firm - were today presented with JHP Group’s “Creating Opportunities” Award, as part of the national JHP Group Celebrating Achievement Awards. Michelmores were recognised for their commitment to giving young people the opportunity of sustained employment as part of an Apprenticeship programme.
Legal advice for major deals is heading West
The quality of corporate and commercial legal advice West of Bristol is being increasingly recognized in the national market, according to Richard Cobb, a leading corporate lawyer based in the Exeter office of Michelmores LLP.
Can the Christmas Bazaar raise £1000?
The annual Michelmores Christmas Bazaar has once again produced the goods, raising a remarkable £850 for Hospiscare – and the final total isn’t in yet.
Michelmores adopt Families for Children charity
Staff at Michelmores Solicitors have voted for adoption charity ‘Families for Children’ as the firm’s Charity of the Year and the recipient of the bulk of its considerable fund-raising efforts.
Seminar to examine Elder Abuse
In response to the growing public concern about how elderly people are being treated in the UK, a seminar aimed at professional advisers and care providers has been arranged to address the main issues.
Glowing Review for Michelmores in this year's Lex 100
'If you are looking to put down roots in the South West then Michelmores should be at the top of your list' according to the Lex 100, the guide for students looking for honest and accurate reviews of life inside over 130 of the UK's leading law firms.
Glamping
In a nation which is increasingly opting for the 'staycation' and holidays increasingly becoming one of life's essentials, alternatives to the traditional camping holiday have been on the increase. One such alternative has been the rise of 'glamping'. Deemed the glamorous twin of camping, 'glamping' offers the opportunity to experience nature but not to the detriment of holidaying in style and comfort.
Welcome to Excellence
Purple Cloud Consultancy has taken on the role of training for the South West Tourism Alliance. The Welcome to Excellence Training being operated in the South West offers a wide range of one day courses for staff at all levels. The courses are run by highly specialist trainers and are updated regularly to account for the changes in the industry and legislation. Conducted in house or at local venues, the training courses offer the greatest flexibility for your business.
Michelmores act in $20 million Africa Investment
Lawyers from the London and Exeter offices of Michelmores LLP have played the lead legal role in a US$20 million investment in Goldtree, a palm oil plantation and milling project in Sierra Leone.
Keeping in the family
The Family Law team at Michelmores is celebrating being shortlisted for two national awards.
Agency Workers Regulations 2010: Are you up to speed?
The Agency Workers Regulations 2010 (the "Regulations") came into force on 1 October 2011 with the aim of achieving equality between agency workers and permanent employees as regards their basic terms of employment. The Regulations will have particular impact in the food and drink and leisure and tourism sectors as businesses utilise agency staff to combat the seasonal fluctuations in consumer demand.
Tax refund hoax
There would appear to be yet another spate of hoax emails purporting to be from HM Revenue & Customs advising individuals that a tax refund is due.
Ivyleaf Combe Purchase
The new owner of the 4 Star Ivyleaf Combe in North Cornwall is expected to add to the 10 quality lodges currently on-site and to expand the business by offering year round availability.
James ditches the car to swim to work
In response to Devon County Council’s initiative encouraging commuters to leave their cars at home and try a different and more sustainable way of travelling, Exeter lawyer James Baker has taken up the challenge and intends to swim to work on “Devon Car Free Day”, Thursday 15th September.
The stable gates
In August, the FSA published figures showing how firms dealt with payment protection insurance complaints in the first six months of 2011. These firms paid £215m in redress between January and June 2011 to customers who had complained about how they were sold PPI. This compensation figure quoted by the FSA comes from just 16 firms (you can guess who they are) who together received a staggering 92 per cent of PPI complaints in the first half of 2011.
Law firm helps entrepreneurs
Michelmores Solicitors is hosting an event that is the latest twist on Dragons' Den – "Pitching for Management".
Fitz has them rocking
Although he was only given short notice as a late stand in at the Michelmores September Business Breakfast, David Fitzgerald proved his worth as an entertainer by ad-libbing his way through an hilarious routine.
Law firm backs Celebration of Food Events
Michelmores Solicitors has announced that the firm’s Exeter office is to sponsor Celebration of Food, one of the biggest food festivals in the country with over 200 events taking place this October across the South West.
Michelmores recognized for legal expertise
Associate programme pays off for law firm
Research by the authoritative legal guide Chambers & Partners has identified 31 lawyers at award-winning Exeter based Michelmores as ‘Leaders in their Field’.
Michelmores Local Government Alert
Welcome to the Michelmores Local Government Alert, where we bring you a round-up of the latest news and legal developments affecting Local Government. We hope that you find this useful and welcome your feedback.
michelmores property planning
Welcome to the Michelmores Planning Alert, where we bring you a round-up of the latest news and legal developments affecting the industry. We hope that you find this useful and welcome your feedback. Please contact us with any comments or queries.
michelmores challenge cup yacht race gypsy moth
One of the most celebrated yachts in sailing history is to join the Michelmores Challenge Cup, the annual corporate invitation event which regularly attracts more than 50 boats to Torbay in early September.
michelmores new consumer rights directive
The European Parliament approved the Consumer Rights Directive on 23 June 2011. Member States will have two years in which to implement the Directive into local law. The rules will impact e-retailers with activities in EU member states with the increased burden and cost of compliance. So retailers should be aware of these future changes and factor this into their medium to long-term plans for cross-border sales.
michelmores solicitors Employment Law and the Modern Workplace
They never promised ‘deregulation’, but when the new coalition Government took office they did announce a commitment to increasing the freedom and flexibility of small businesses and to review any unnecessary bureaucracy that was threatening to slow the economic recovery. As a result, we saw the implementation of three schemes designed to stem the tide of regulation and to cultivate a more competitive environment for businesses to grow. The schemes included a ‘one-out, one-in’ policy for introducing new legislation; a three-year moratorium exempting micro businesses (with less than 10 employees) and start ups from new regulations; and, in true X-Factor style, the launch of the “Red Tape Challenge” website, allowing the public to vote upon which regulations they believe should be ‘eliminated’.
Michelmores Solicitors Planning Alert
Welcome to the Michelmores Planning Alert, where we bring you a round-up of the latest news and legal developments affecting the industry. We hope that you find this useful and welcome your feedback. Please contact us with any comments or queries. Items in this issue include:
HMRC email scam
Fraudsters are sending bogus emails informing taxpayers that they are due a tax rebate or asking targets to validate their online bank accounts by entering bank details onto a linked website, and other emails requesting personal information.
Local Government Alert - 18th July
Welcome to the Michelmores Local Government Alert, where we bring you a round-up of the latest news and legal developments affecting Local Government. We hope that you find this useful and welcome your feedback.
Planning Alert - 6 July 2011
Welcome to the Michelmores Planning Alert, where we bring you a round-up of the latest news and legal developments affecting the industry. We hope that you find this useful and welcome your feedback. Please contact us with any comments or queries.
The Dilnot Report: Fairer care funding - Reforming the funding of adult social care
Successive governments have investigated ways to deal with the issue of social care funding. To date, the key barrier to progress has always been cost. The system is broken and now cannot be ignored, according to the Dilnot report. The ageing population now needs guidance, clarity, financial support and a 'fairer way forward' in relation to social care.
Michelmores support Kranium Cardboard Bike Helmet
Michelmores has helped new client Kranium Headwear Limited acquire the rights to a ground-breaking new design of bike helmet formed from cardboard which is expected to take the industry by storm.
The View - Michelmores' Private Client Magazine
Our private client magazine featuring in-depth interviews with leading figures in the region and from the business community, including Sir John Banham and Sandy Nairne, Director at the National Portrait Gallery. The magazine also includes commentary on key legal issues.
New directors at Michelmores
Michelmores Solicitors has announced that three of its key staff have been promoted to the newly created position of 'Director'.
Royal Show success for lawyers
After a highly successful Royal Cornwall Show, where it sponsored the sheep section, leading South West law practice Michelmores has announced that it plans to continue sponsorship into 2012.
Unfair Terms in Gym Contracts
The recent case of Office of Fair Trading v Ashbourne Management Services Ltd acts as a useful reminder of the need to ensure that contract terms contained in gym memberships are fair and enforceable against the customer.
Top cop at Business Breakfast
Stephen Otter, Chief Constable of Devon & Cornwall Constabulary, is the latest notable guest to speak at Michelmores' influential Business Breakfast.
Michelmores in top flight for deal-making
Exeter based Michelmores Solicitors has been shortlisted in the South West Dealmakers Awards 2011 in the category of Corporate Law Firm of the Year, and is the only Devon & Cornwall based firm to reach the last three.
Planning Alert - 8 June 2011
Localism Bill passes the Commons Stage... Proposal published for National Planning Policy Framework... 2011 FITS regulations now in force... CALA loses in the Court of Appeal... Green bank to be lending by April 2012... DCLG invites bids for project funding grants... Adoption of Private Sewers Regulations... Buglife case provides useful guidance to developers on EIA and ES... Empty Homes Charity highlights Councils' lack of development in empty homes...
Iron Ellen - just 1000 miles to go!
Michelmores Legal Executive has now set off on her 1000 mile cycle ride from Exeter to Nice in aid of the asbestos cancer sufferers' support group which has helped her step-mother, Sandra Yeates who was diagnosed with mesothelioma last year.
Industry lunch launches specialist Leisure & Tourism Group
Michelmores Solicitors recently hosted a lunch in order to celebrate the launch of their new Leisure & Tourism Sector Group. The lunch was attended by some of the region's leading hotel owners and operators and other specialist professional advisors to the hotel sector.
Launch of new South West Tourism Alliance
Michelmores has been working with tourism industry leaders on the creation and set up of the new South West Tourism Alliance, following the closure of South West Tourism in March 2011 as as a result of the withdrawal of government funding for Regional Development Agencies. The new Alliance aims to maintain a focus for the tourism industry of South West England, and to ensure critical services are still provided.
Reducing red tape for retailers?
The government recently launched a Red Tape Challenge, asking businesses to help with a review of more than 21,000 regulations in force in the UK today by nominating those that should be scrapped or simplified.
michelmores website cookies permissions
From 26 May 2011 operators of websites and mobile/tablet applications will need to obtain prior informed consent before cookies and similar technologies can be stored or accessed on users' devices. We look at how this will be implemented and provide top tips for managing the risks.
Planning Alert - 10 May 2011
Clark names recipients of £3.2m neighbourhood planning pot... DCLG plans to amend Energy Performance Certificates (EPC) Regulations... Ministers support change of use of farm buildings to affordable homes... DECC publishes draft Carbon Plan... DCLG guidance on applying the Mobile Homes Act 1983... Solar companies seek judicial review of government's FIT review...
Interview with Frugi
Rob Nicholson, Head of Retail at Michelmores, speaks to Lucy Jewson, Managing Director and Founder of Frugi, the organic baby and children's clothing brand.
Run for it – entries open for Exeter Charity Run
Entry forms for the 12th annual Michelmores 5K Charity run are now available and organisers are expecting places to fill quickly for the popular event, which takes place this year on Tuesday 7 June.
Planning Alert - 20 April 2011
Enterprise Zones: Locations announced... Heart of the South West LEP receives government sign off... Unrest over government's planned representative body for LEP... DCLG confirms introduction of Firstbuy Scheme for eligible First-Time Buyers... Building Regulations (Review) Bill passes through the House of Lords... Government announces 'vanguard' communities... Change of Use plan could create 250,000 new homes...
Business Law Bulletin - April 2011
The quarterly business newsletter from Michelmores, featuring articles on the Bribery Act, using social media for business, international trading and new employment legislation coming into force from April.
Budget help for first time buyers
In the March 2011 Budget, the government announced plans to provide £250,000 through a shared equity loan programme called "FirstBuy" in order to boost construction and sale of new homes.
Competition rules to apply to Land Agreements
Final guidance has been issued in March 2011 by the Office of Fair Trading confirming that certain provisions of the Competition Act 1998 will apply to land agreements as well as to other types of agreement, with effect from 6 April 2011.
The Feed-In Tariff review - the results
Since its launch in April 2010, the government-backed feed-in tariffs (FITs) scheme has been hailed as a great success. However, a fast track review of FITs for larger-scale solar energy production has suggested cuts of up to 70% in the level of support.
Bribery Act to come into force on 1 July 2011
The long-awaited and controversial Bribery Act Guidance has been published this morning by the Ministry of Justice. The Act will now come into force on 1 July 2011 so what does this mean for businesses?
Lawyers lay on Pamper Evening and Swap Shop
Lawyers from Michelmores' Family Law Service are giving professionals who work with children and families the chance to take some time out to relax for a free of charge evening of unadulterated pampering.
Renewable Heat Incentive to spark domestic green energy installations
The Renewable Heat Incentive (RHI) launched by the Department of Energy and Climate Change (DECC) on 10 March 2011 is likely to spark a surge of interest in renewable heat by providing subsidies for both domestic and commercial premises, with £860 million of public money put aside to pay for the scheme.
Lawyers launch specialist holiday and home park group
The Leisure & Tourism Team at Michelmores Solicitors has launched a dedicated Holiday & Home Parks Group with a lunch meeting attended by owners, operators and other specialist professional advisors to the sector.
Finalists announced for Commercial Property Awards
With an impressive level of entries received for this year's Michelmores/Western Morning News Commercial Property Awards, the judging panel had a tough task in deciding which buildings, projects and individuals should go through to the final of the awards.
Local Government Alert - 4 March 2011
A round-up of the latest news and developments affecting local government including information on finance and public procurement, Data Protection and Freedom of Information, employment, property and welfare issues, and current consultations.
Planning Alert - 2 March 2011
Regional Spatial Strategies - the saga continues... CABE and Design Council to merge... Views sought on pre-application consultation requirements... Government to consider using CIL to fund Affordable Housing... Affordable Homes Programme: Framework published... New Homes Bonus... Common land toolkit... Regulations to promote the use of renewable energy... Review of FITs...
Michelmores oversee charity donation to University's music facilities
Private client lawyers from Michelmores Solicitors helped organise a significant charitable donation from the Exeter and District Classical Music Trust (EDCMT) to assist in the development of the concert hall at the University of Exeter's new state-of-the-art music facilities.
New deadline for applications to extend administration
Registrars at Companies Court have recently indicated that any application to extend an administration should be made at least 6 weeks before the administration is due to expire, as opposed to the 4 week period that was previously required.
Major debt recovery contract for Michelmores
Michelmores Solicitors has won a significant contract from the Legal Services Commission (LSC) to support its Debt Recovery Unit Enforcement team with the recovery of outstanding debt and to provide enforcement services.
EMCAS MBO backed by Lonsdale Partners
Michelmores Solicitors has acted for the management team in the Private Equity backed Management-Buy-Out of EMCAS, the Paignton- based financial claims management business.
Planning Alert - 9 February 2011
Take the chance to influence development in Cornwall... Communities to be given a right to reclaim public sector land... Government warning about Waste Framework Directive compliance... Caselaw - Disturbance of a protected species... CRC Energy Efficiency Scheme... Local Sustainable Transport Fund launched... Caselaw - Residential Licences of car parking spaces... Risks of climate change to Infrastructure... Caselaw - Environmental impact assessments: Polytunnels... Caselaw - Listed buildings...
Interview with Seasalt
Rob Nicholson, Head of Retail at Michelmores, speaks to Leigh Chadwick Director at Cornish retailer Seasalt.
What happens when the cards are against you?
Perhaps the retailer's most frustrating scenario? The goods are on the shelves, the doors are open, the customers are ready to buy and then the card payment system fails! How should a retailer react?
Local Government Alert - January 2011
Employment Law Focus: Abolition of the Default Retirement Age... Government warning about Waste Framework Directive compliance... Localism Bill: second reading and new practice note... Public Procurement - use of relaxed accelerated risk procedure extended... Judicial Review of HMO changes... Empty Dwelling Management Orders retained... Empty homes will qualify for New Homes Bonus... 'Plain English Guide' to Localism Bill... Defra publishes Biodiversity Offsetting proposals... Community Asset Transfer Guide launched by English Heritage... National flood defence funding decreased, but increase in South West Local Levy... Top Tips on Freedom of Information for public authorities...
Planning Alert - 27 January 2011
Localism Bill: second reading... Judicial Review of HMO changes... Empty Dwelling Management Orders retained... Empty homes will qualify for New Homes Bonus... 'Plain English Guide' to Localism Bill... The DCLG launches £3 million fund... Defra publishes Biodiversity Offsetting proposals... Community Asset Transfer Guide launched by English Heritage... National flood defence funding decreased, but an increase in South West Local Levy...
Planning Alert - 13 January 2011
Localism Bill published... Cala Homes Legal Challenge... Government decreases housing projections... Environment Agency Guidance on Landfills... Renewables Obligation... National Grid Cable Consultation... Planning Performance Agreements: guidance published... Councils sought to lead work on infrastructure levy... BPF welcomes national planning framework...
Michelmores Charity Run raises record sum
Organisers of the Michelmores Charity Run are celebrating after raising the biggest ever total from a single race, with news that they have collected almost £32,000 so far on behalf of Hospiscare and the Express & Echo's We Care Campaign.
Case study: Debtors based around the globe
Michelmores' Debt Recovery Team provided a cost effective and commercially sensitive debt recovery solution for the world's leading telecommunications provider, with debtors located around the globe.
Planning Alert - 18 November 2010
Houses in Multiple Occupation... Bill to require developer bonds makes progress... National Infrastructure Plan launched... Guide on sustainability of buildings... White Paper on Local Growth... National infrastructure body established... Penfold review of non-planning consents... Rights of light: injunction granted against completed building...
Seeking redress
In October, the FSA announced the activation of a new power as part of implementing April's Financial Services Act 2010, namely a new power to deliver prompt and effective redress for customers through consumer redress schemes......
This article was first published by Financial Adviser on 4 November 2010
Planning Alert - 29 October 2010
CRC revenue to support public finances... Affordable Housing Budget to fall from £8.4 billion to £4.4 billion... New "fair deal" for Travellers and Gypsies... Quango review... RegenSW launch toolkit to help planners better understand low-carbon planning policy... Environment Agency: New enforcement policy and civil sanctions...
Ethical Dilemma
Recently, Hector Sants provided the keynote address at a conference on Values and Trust, exploring the role for regulators in facilitating the right culture within firms. During the summer, Mr Sants delivered a similar speech on the regulators in facilitating the right culture within firms. ......
This article was first published by Financial Adviser on 21 October 2010
Nelsonian Eye
Regulatory lawyers frequently have to remind their clients of the critical importance of being totally transparent and co-operative with their regulators, particularly with the FSA. The relevance of identifying notifiable events and reporting early cannot be overstated......
This article was first published by Financial Adviser on 7 October 2010
Nursing homes "fail" in care standards
It has been reported in an overview of council-funded care services that nursing homes for elderly residents in London were among the worst for quality of care, with nearly one in five rated "adequate" or "poor".
Home-based care and Human Rights
The Equality and Human Rights Commission (EHRC) has said older people receiving care and support in their own homes are "acutely vulnerable" to human rights violations and the duties and responsibilities of those providing or regulating the care and support system were far from clear.
Planning Alert - 14 October 2010
In this issue: Tax Increment Financing to fund Infrastructure... Tree preservation orders: proposals for streamlining - Consultation... Town and Country Planning Association releases briefing papers... Building for Life 2010... General Development Procedure Order changes proposed and published... Flood and Water Management Act 2010... Contaminated Land... Homes and Communities Agency (HCA) will escape quango cull... Houses in multiple occupation: changes to permitted development rights and legal challenges... Localism Bill will enable Local Authorities to keep all funds they receive in rent and from the sale of homes and land...
Planning Alert - September 2010
In this issue: Gypsy and traveller planning rules to be revoked... Revised guidance published on the CRC for landlords and tenants... New guidance for nationally significant infrastructure projects... New local enterprise partnerships... IPC accepts its first project for examination... Coastal Access Regulations to come into force... New marine protection areas...
Talking turnover rents
With the use of turnover rents tending to increase during a tougher economic climate, when demand for retail space is less, our guest contributor, Geoff Nicholson, Managing Director of leading business consultancy FSP Retail, puts turnover rents in the spotlight, examining how this works in practice.
Discard with care
Recently, Sir Howard Davies, the former chairman of the FSA was interviewed by a national newspaper and alluded to his disappointment with the lack of consultation in the dismantling of the FSA and said: "It would have been much better to try and build some consensus around how we want to regulate this industry rather than regulation being a political football."....
This article was first published by Financial Adviser on 23 September 2010
There's no let up
Last month, Sheila Nicholl, director of conduct policy for the FSA, gave a speech outlining the regulator's approach to consumer protection.....
This article was first published by Financial Adviser on 29 July 2010
Same but more
Recently, Margaret Cole addressed the FSA's annual Enforcement and Conference and gave further insight into what the FSA has been doing and what it plans to do with the City regulator's enforcement function.....
This article was first published by Financial Adviser on 12 August 2010
Finding redress
The Financial Ombudsman Service recently published its annual report, yet again revealing a significant growth in its business of adjudicating complaints, mainly in the areas of insurance disputes (a 38 per cent increase) and complaints about banking and credit (a 30 per cent increase). Investment complaints stayed about the same and pension complaints fell by 27 per cent.....
This article was first published by Financial Adviser on 26 August 2010
Losing Things
In August, the Information Commissioner found Yorkshire Building Society in breach of the Data Protection Act after an unencrypted laptop belonging to the former Chelsea Building Society, which had recently merged with Yorkshire, was stolen from its Cheltenham premises.....
This article was first published by Financial Adviser on 9 September 2010
Property Litigation Newsletter - September 2010
In this issue: Rights to light - literally bringing the house down... Are the Courts now starting to turn against Company Voluntary Arrangements?... In a contested Lease Renewal, what is the relevant date for the Landlord to establish its ground of opposition?
Culture Vulture
Recently, Hector Sants, chief executive of the FSA delivered a speech entitled: "Do regulators have a role to play in judging culture and ethics?"....
This article was first published by Financial Adviser on 15 July 2010
Damages awarded for a ruined holiday
A recent Court of Appeal case has provided some much needed guidance on the way in which the Court will measure damages if a customer successfully brings a claim for a ruined holiday.
HMRC's Time to Pay arrangements
Businesses are reporting that they are finding it increasingly difficult to agree Time to Pay arrangements with HM Revenue & Customs' Business Payment Support Service.
Why having a guarantor is no guarantee
The Good Harvest case has been followed with interest throughout the commercial property sector. With the security of landlords on assignments of 'new' leases seriously eroded, we look at the practical steps that can be taken to redress this imbalance plus another recent case that provides some good news for landlords.
Abolition of Statutory Default Retirement Age
The Coalition Government's announcement that the statutory default retirement age (DRA) of 65 will be abolished from October 2011 may leave employers with significant work to do on their strategic workforce planning and HR procedures. We look at the decisions employers will need to make and the transitional arrangements in place.
August 2010
Planning Alert - 6 August 2010
Zero carbon homes by 2016... Communities to get home building powers... New Free Schools – planning change... New marine planning system proposed... Failure to enforce an order for demolition is held to be a violation of Human Rights... Housing cut backs... Review of public bodies...
Renewable optimism?
The Renewable Energy industry in the South West may be on the brink of a pioneering phase, but are we really poised to turn the expertise and geography of the region into hard cash, asks Richard Cobb, partner at Michelmores
Construction Act Update
It is thought that by 2011 the construction related parts of the Housing Grants Construction and Regeneration Act 1996 will be replaced by the new provisions of the Local Democracy, Economic Development and Construction Act 2009. The relevant part of the Act is not yet in force however, pending issue of the necessary commencement order.
Can a Builder Owe a Duty of Care in Tort to His Client in Respect of Economic Loss?
In the recent Technology and Construction Court case of Robinson v P E Jones (Contractors) Ltd [2010] it was decided that a builder can owe a duty of care to his client in relation to economic loss. The Judge found that in principle the building contract between a builder and an owner could itself give rise to a special relationship of proximity, and consequently resulted in liability in tort to the owner for pure economic loss.
Planning Alert - 7 July 2010
In this issue: Exeter unitary council decision deemed unlawful… Infrastructure Planning Commission abolition… Government confirms plans to scrap RDAs… Planning profession to lead localism… Mediation proposed for planning disputes… Plans for Local Housing Trusts confirmed… Green Belt housing scheme approved… Landowners should contribute more to flood defence says EA… Grants for offshore wind technology…
Property Litigation Newsletter - June 2010
In this issue: In certain circumstances is a Landlord left with no alternative but to litigate?... Is an unsigned Guarantee binding?... Break Notices: a continuing problem for Tenants... More Break Notice misery for a Tenant?...
Planning Alert - 23 June 2010
In this issue: Update: High Court challenge re affordable housing… New planning Policy Statement 3 : Housing… Greater flexibility for councils to manage shared housing… Advice to inspectors re Regional Strategies… Environmental impact assessment…
Is an unsigned Guarantee binding?
Time and time again in the property industry the issue of whether an unsigned document is binding arises - the Court of Appeal considered the issue in the case of Investec Bank (UK) Limited v Zulman and Another.
Break Notices: a continuing problem for Tenants?
In the current economic climate we can expect more break notices to be served than would otherwise be the case. Hotgroup plc v Royal Bank of Scotland plc is a good example of this increasing trend, but is also a painful reminder of what can go wrong.
More Break Notice misery for a Tenant?
It seems that litigation in relation to break notices is now the "in" thing. In Hexstone Holdings Limited v A H C Westlink Limited the Court looked at another seemingly obvious point in relation to whether a break notice had been effectively served.
Planning Alert - 26 May 2010
In this issue: High Court challenge re affordable housing… Building Regulations Approved Documents published... Town and village greens… Application of EU Procurement Rules…
When is a development agreement a public works contract?
Most people would agree that the wide interpretation of the EU procurement rules in the Roanne case has put a spoke in the wheels of local authority regeneration. Following that case, many local authorities have (understandably) played safe and have sought to formally procure many of their development projects. The European Court of Justice last month delivered an important judgement in the Helmut Müller case. We review the main aspects of this case and ask whether local authorities can take comfort from it.
The Mini Guide to Joint Ventures
Our guide looks at the principal structures used in commercial joint ventures between local authorities and private sector bodies, the circumstances in which they may be appropriate and some of the key pros and cons of each
A quick guide to joint ventures
As more and more joint ventures are entered into between local authorities and private sector organisations, we look at the main features and considerations to be borne in mind when setting up a joint venture.
Property Newsletter - April 2010
In this newsletter: Victory for the village green campaigners... The Carbon Reduction Commitment Scheme - what should organisations do to prepare?...
Planning Alert - 27 April 2010
In this issue: Civil sanctions for environmental offences in force from 6 April 2010... Heathrow Expansion High Court Ruling… Planning decision deemed irrational… Town and village green rights… Guidance on planning regulations for dwelling houses and houses in multiple occupation... Advice note on public authorities' redaction of information… Consultation published on design and sustainability standards… Defra publishes Coastal Change document…
How to deal with stranded employees
The recent eruption of the Eyjafjallajökull volcano in Iceland has caused havoc across Europe. With all flights to and from the UK grounded as a result of the ash and smoke cloud, employers are finding themselves faced with a tricky situation: employees stranded abroad and unable return to work through no fault of their own. There are two ways to approach the situation...
April 2010
Planning Alert - 14 April 2010
In this issue: Retrospective planning permission for EIA development... Affordable Rural Housing Boost... CRC Energy Efficiency Scheme and Feed-in Tariffs Launched... Coastal Access Scheme published by Natural England... Revision of Planning Policy Statement 25: development and flood risk... Amendments to planning use classes in force from 6 April 2010... Government publishes Noise Action Plans and Policy Statement... Climate change plans published by Government departments...
Charities Bulletin - March 2010
In this issue: Fine risk for Data Protection breaches - how does this affect charities in the UK?... The Charitable Incorporated Organisation - further delay... Moving the goalposts - changing terms and conditions of employment... Preparing for the Carbon Reduction Scheme...
Charities Bulletin - March 2010
In this issue: Fine risk for Data Protection breaches - how does this affect charities in the UK?... The Charitable Incorporated Organisation - further delay... Moving the goalposts - changing terms and conditions of employment... Preparing for the Carbon Reduction Scheme...
Planning Alert - 26 March 2010
In this issue: Exeter Science Park infrastructure go ahead... Guidance published on Community Infrastructure Levy...Government confirms permitted development changes... "Once a highway, always a highway"... Flood prevention boost... HMRC publishes guidance on Land Remediation Relief... New homes at Bridgewater... Supplementary Planning Document adopted by West Dorset District Council... Government Planning Policy to preserve heritage...
Holidays and Sickness Absence - important update
Two decisions of the European Court of Justice in 2009 (Stringer and Pereda) changed drastically the legal position in respect of overlapping holidays and sickness absences, directly effective against public sector organisations. Now an Employment Tribunal 'test case' indicates how the law may be applied to private sector employers
March 2010
It's not all about the money!
An interesting Judgment in the case of Eweida v British Airways PLC - the Court upheld the EAT's ruling that Mrs Eweida was not subject to indirect discrimination on the grounds of her religion or belief as a result of the staff dress code, which forbade the wearing of visible jewellery
March 2010
Planning Alert - 17 March 2010
In this issue: Top 10 Tips on CRC... IPC to start receiving applications... Village Green registration... Rural Advocate Report urges flexible planning... Overhaul of planning system to combat climate change... Regional strategies guidance... Planning appeal rejection due to affordable housing quota...
Planning Alert - 17 March 2010
In this issue: Top 10 Tips on CRC... IPC to start receiving applications... Village Green registration... Rural Advocate Report urges flexible planning... Overhaul of planning system to combat climate change... Regional strategies guidance... Planning appeal rejection due to affordable housing quota...
Letting the lawyer in
We look at internal disciplinary hearings and when employers may be obliged to allow legal representation at these meetings.
February 2010
Right to connect to public sewer
The recent Supreme Court judgment in Barratt Homes Ltd v Welsh Water [2009] UKSC 13 will be of interest to developers who customarily connect private drains to the public sewerage system as part of the completion of residential and other developments.
LPA Receivers - Their time has come - again!
The current well publicised difficulties with the property market have again highlighted the necessity of lenders having available to them appropriate remedies to enable them to enforce their security if a borrower defaults. We look at one such remedy: the appointment of a Law of Property Act receiver and what this means for lenders.
10 things to look out for in 2010
Employment law is constantly evolving so, as we enter the new decade, Tom Stenner-Evans identifies 10 interesting developments to look out for in 2010
January 2010
New Vetting and Barring Scheme
Information on the Vetting and Barring Scheme - a new centralised system for all those working with children and vulnerable adults.
Legacy Management for Charities
Presentation from the Michelmores' seminar in October 2009, including practical steps for legacy management, information on tax issues and advice on disputed wills
Communicating confidence - managing legal risk
Shivaji Shiva, Head of the Charity Team at Michelmores Solicitors, explains why it is important that trustees are well informated of their charities' financial strengths and weaknesses
Is it time to question your questionnaire?
It is unusual to come across a claim made by the employer against the employee. However, the High Court has recently ruled on such a case and, although the claim was ultimately unsuccessful, the facts of the case and the decision of the High Court have provided helpful guidance as to the steps that employers should take during the recruitment process.
September 2009
Employment Law round up
This month we report on a number of imminent changes in the world of employment law - helping to keep you one step ahead and (hopefully) out of the Tribunals!
June 2009
Employment Law update
The importance of choosing the correct pool when considering redundancies and cases that give a flavour of the interesting new directions in which employment law is heading.
July 2009
The Equality Bill - making discrimination easier to identify and avoid
Discrimination law has developed in the UK to the point where employers and employees alike often struggle to identify correctly when an act of discrimination has taken place. Unfortunately, without the reassurance of a cap on compensation in discrimination claims, employers cannot afford simply to plead ignorance of their responsibilities.
May 2009
The cost of kindness
Reporting on the interesting recent case of Cook v MSHK Limited and Ministry of Sound Recordings (2009), which highlights the risk for employers in failing to take decisive action when considering an allegation of gross misconduct.
Assessing Public Benefit: The Charity Commission’s approach to Schools
The Charity Commission has just published the results of its first assessments of whether charities in England and Wales meet the public benefit test. The Commission’s reports include an assessment of five schools, providing a useful insight into the way in which the public benefit test will be applied.
Assessing Public Benefit: The Charity Commission’s approach to Schools
The Charity Commission has just published the results of its first assessments of whether charities in England and Wales meet the public benefit test. The Commission’s reports include an assessment of five schools, providing a useful insight into the way in which the public benefit test will be applied.
Assessing Public Benefit: The Charity Commission’s approach to Schools
The Charity Commission has just published the results of its first assessments of whether charities in England and Wales meet the public benefit test. The Commission’s reports include an assessment of five schools, providing a useful insight into the way in which the public benefit test will be applied.
NHS Continuing Healthcare - 'a matter of interpretation'
The criticism of the process which decides who is eligible for NHS Continuing Healthcare is set to continue unless a less subjective means of assessment is established according to Louise Tribble, a lawyer with Michelmores Solicitors and a specialist in the care sector.
NHS Continuing Healthcare - 'a matter of interpretation'
The criticism of the process which decides who is eligible for NHS Continuing Healthcare is set to continue unless a less subjective means of assessment is established according to Louise Tribble, a lawyer with Michelmores Solicitors and a specialist in the care sector.
Avoid elderly 'snatch' by state - make a health and welfare LPA
By giving a health and welfare lasting power of attorney to a family member, social services are prevented from making care decisions. Without this document, social services can make decisions on behalf of a vulnerable person, if they think they lack mental capacity and believe it is in their best interests.
Disinherited family win High Court battle for thousands
Tony Cockayne, the Head of Michelmores' Disputed Wills and Trusts team, comments that this was an interesting example of the type of cases that we are seeing more of. We are acting on a number of matters where the facts are not dissimilar to this case recently heard in the High Court.
Rise in Family Challenges to Legacies left to Charity
Charities are facing an increasing number of challenges by disgruntled family members to legacies left to them by supporters, according to a number of charities and charity lawyers.
This article was published in the Third Sector, July 2009
Assessing Public Benefit: The Charity Commission’s approach to Care Providers
The Charity Commission has just published the results of its first assessments of whether charities in England and Wales meet the public benefit test. The Commission’s reports into the 12 selected charities provide a useful insight into the way in which the public benefit test will be applied and the charities assessed included three care providers...
Lasting Powers of Attorney - Are you protected?
None of us finds it easy to imagine a time when we might be incapable of managing our own affairs, but there is a useful way to retain control in deciding who should take responsibility for your financial affairs and/or personal welfare.
Lasting Powers of Attorney - Are you protected?
None of us finds it easy to imagine a time when we might be incapable of managing our own affairs, but there is a useful way to retain control in deciding who should take responsibility for your financial affairs and/or personal welfare.
Business Law Bulletin April 2009
In this issue:
- Trading in the Twilight Zone
- Avoid payment pitfalls with sound terms and conditions
- Why it's crucial to comply with competition law
- The ACAS Code - The future of dispute resolution i the workplace
- New rules for cause related marketing
- How to avoid threats to your business
- Business briefs
Employment legislative changes in April 2009
A number of important legislative changes have come into effect in April 2009. The headline news is the repeal of the statutory dispute resolution procedures. The unpopular procedures lasted less than five years, which speaks volumes in itself. This development and other key changes are outlined in this update.
April 2009
ACAS launches new guide to job evaluations
A new guide published by ACAS urges employers to avoid tribunal claims by encouraging the establishment of fair pay and grading systems. The aim of such systems is to ensure that businesses are less vulnerable to equal pay claims through the use of job evaluation.
October 2008
Employment law update
A summary of three recent changes within the field of employment law and how they might affect employers.
Redundancy and Collective Consultation
No one enjoys the prospect of having to make redundancies, but in light of the current economic climate, we thought it might be useful this month to report a few recent cases on the subject.
Disciplinary proceedings - redressing the balance
Following the explosion of employment legislation since the Labour Government came into power, it has been commonplace to hear employers complain that the balance of power in the workplace has shifted too far in favour of the employee. This month, as a small offering to help redress the balance, we report on two recent cases that help to strengthen the employer's position with regard to disciplinary proceedings.
March 2008
Dismissal on grounds of ill-health
An employee's lack of capability to do their job due to ill health is a potentially fair reason for dismissal. However, employers are often afraid to approach issues of ill-health pro-actively, for fear of falling foul of disability discrimination legislation and having to undertake lengthy 'risk-assessment' procedures and pay for expensive medical examinations.
January 2008
Redundancy - length of service is a lawful criterion in the selection process
There have been a number of decisions recently which have considered age discrimination in the context of redundancy. However, Rolls Royce plc v Unite the Union (2008) is the first case to consider the factor of length of service in the selection criteria used to decide which employees will be made redundant.
November 2008
Do employees have to incriminate themselves?
Are employees under a duty to disclose a possible move to a competitor of their employer? A recent case of Kynixa v Heinz & ors has changed the 'legal landscape' on this issue...
When does private life become public?
Although the Human Rights Act 1998 is now over eight years old, there have been surprisingly few significant employment claims under this legislation. However, the most recent case considered by the European Court of Human Rights has highlighted the importance of how employees conduct themselves, not only in the workplace but also in their private lives.
Opinions from Europe - the shape of things to come?
Reporting on two cases that are proceeding through the European Court of Justice and which are likely to have a significant impact on the rights of workers in the UK - discrimination by association and the question of whether workers accrue holiday whilst sick.
An update from Europe - a blow for Age Concern
The European Court of Justice (ECJ) has given its judgement in the case of Incorporated Trustees of the National Council on Ageing (Age Concern England) v Secretary of State for Business, Enterprise and Regulatory Reform, more commonly known as the Heyday Challenge.
Charities - Landlords need you!
In the current economic climate, charities may be able to negotiate favourable rates for temporary accommodation with landlords needing to fill their empty office or shop space, says Crispin Carpenter.
This article was published by the Ethical Property Foundation, March 2009
Incorporation: the advantages and disadvantages
The challenging economic climate has prompted many trustees to review their charity's financial position. Some will be asking themselves whether they would be better off establishing the charity as a company to get the protection of limited liability, says Shivaji Shiva.
This article was published in Charity Governance, March 2009
Heed the warning!
It is custom that farms and estates are handed down from one generation to the next and the younger generation will often have an expectation they will inherit the family farm or estate. A recent case acts as a warning that it is particularly essential for farmers and landowners to make valid Wills to ensure that land, property and stock passes to the person you want it to.
Adjudicator's Decision v. Employer's Right to set-off
The issue of competing rights between a contractor to be paid a sum which has been determined by an Adjudicator as payable to him, and those of an employer to retain Liquidated Damages against those sums continues to exercise the courts.
Don't Taint Your Adjudicator
What is wrong with checking with an Adjudicator that he has the capacity and willingness to have a dispute referred to him for resolution? Well, it may give rise to a challenge to his jurisdiction; Michael Bonning explains...
Construction Team News
Read the report of play from our annual Golf Day and other news from the Construction Team.
Strengthening the remedies available to aggrieved bidders
The number of challenges being brought in the UK for breach of public procurement law continues to rise, with the Courts demonstrating an increased willingness to provide remedies for bidders where there has been a breach of the rules. Richard Bakewell explains the effect of the increase to public procurement law...
Read Your Post Properly!
There are grave dangers in failing to address a formal claim in a construction matter at the very outset.
Community Infrastructure Levy
The Planning Act 2008 became law on 26 November 2008. The Act introduces a new local tax, which will potentially affect anyone involved in the property development industry, including charitable organisations. The new tax (or less politically sensitive term "levy") is known as the Community Infrastructure Levy (CIL).
RSPCA got my £1.5m inheritance
Tony Cockayne, Head of Michelmores Disputed Wills Department commented "This is an interesting example of the types of claim that often arise under the Inheritance Provision for Family and Dependants) Act 1975. I have acted in a number of similar cases where the child of the family has been written out of the Will and the parents have instead left the entire proceeds of the Estate to a Charity".
Keeping the faith
Michelmores Associate, Shivaji Shiva, looks at governance issues in faith organisations.
Minding your business
Michelmores Partner, Rehman Noormohamed, discusses managing the risk of information security breaches.
Challenging the Adjudicator's Jurisdiction - How not to do it
It has become common practice to question the jurisdiction of Adjudicators in a 28 day Adjudication over the last ten years. Unfortunately for those who adopt those procedures, the TCC is becoming increasingly intolerant of unjustified technical points taken in Adjudications...
Spring 2008 - Developers Newsletter
Topics include:
Government push to encourage residential development
Employment News
Developments in the protection of family wealth
Environmental and Waste Management
Code for Sustainable Housing
Keep It Legal: Planning Obligations
By Shivaji Shiva, Third Sector. 18th June 2008.
Planning obligations often require landowners to provide facilities for community benefit. These measures - also known as section 106 agreements - present a number of opportunities for charities to influence and benefit from the planning process.
Charity Legal Update - March 2008
The change which attracted most interest at our last seminar was the introduction of the Charitable Incorporated Organisation, the new legal form for charities.
Charities, Scams and Insider Fraud
Shivaji Shiva of Michelmores Solicitors looks at how charities can protect themsleves. The risk of losing money to scams or other fraud is a real concern for charities.
Spring 2008 - Education Update
Topics include:
Promising to use "reasonable endeavours": what does it mean?
Public Benefit Guidance
Universities Need Building Contracts Too!
Upcoming Events!
Opinions from Europe - The Shape of Things to Come?
