Recent developments in mining technology have meant that the extraction of shale gas is now commercially viable. The method used, “fracking”, is controversial and has attracted a lot of publicity. Mark Howard, Head of our Planning and Environment Team, has been looking at the background to this process and some of the issues.

THE NEED FOR UK SHALE GAS

In 2009, 86.5 billion cubic metres of gas was consumed in the UK, this generated almost half of the UK’s electricity and fuelled the majority of residential heating. In the same year almost half of UK gas consumption was from gas imported from overseas. So there are compelling arguments for securing domestically produced gas. Shale gas can potentially meet some of the demand.

It is estimated that the UK could meet around 10% of its current gas needs from shale gas if it is extracted at a commercial rate. The British Geological Survey estimated in 2013, that the potentially recoverable reserves were 74-148 billion cubic metres, which is equivalent to approximately 2 years’ of the UK’s demand for gas. The commercially recoverable resources may be slightly less.

IMPACT OF SHALE GAS EXTRACTION

The process by which shale gas is extracted is by pumping fluid at high pressure into rock which creates fractures which provide paths for the gas to flow into the well to be captured.

In 2010 a developer started extracting shale gas in a location near Blackpool. Shortly afterwards, in the spring of 2011, earthquakes were felt on two occasions in the same area. An investigation was launched and fracking operations were suspended during that time. A report concluded that the earthquakes were induced by the fracking operations, but that there was no reason to suspend operations provided mitigation of the risks were adopted.

This type of seismic environmental impact is clear and obvious, but it is by no means the only impact.

THE ENVIRONMENT

Contamination of Drinking Water

There are concerns about the potential for shale gas to leak into groundwater. In the US a report commissioned by the US Environmental Protection Agency found that fracking had contaminated groundwater and drinking water supplies. There are concerns that the process will cause some of the fluids used in fracking to flow back up over the well, and these may include small amounts of natural gas, salts, metals and naturally occurring radioactive materials. These will need to be treated and disposed of so as to avoid them migrating into groundwater or surface waters.

Impact on Regional Water Resources

A further issue is the quantity of water involved in fracking and the impact this will have on local water resources. Most of the water used in fracking remains in the wells and unlike a lot of the industrial uses of water the water used in fracking cannot be treated and returned to a nearby water body.

The total volumes of water used for fracking are between 9 and 90 million litres, the equivalent to the annual water use of 170–1700 people in the UK. Some in the industry say that comparatively the amount of water used in fracking is less than that of other industries and the levels can be managed. Water can be sourced from the Local Utility Company or, alternatively, the extractor can apply to the relevant regulator if they want to take water from groundwater or surface water. In England they will need to apply to the Environment Agency for an abstraction licence.

Local Air Pollution

Perhaps less obvious, is that fracking gives rise to the emission of Carbon Dioxide (CO2) and methane (CH4). But overall it has potential to cut greenhouse emissions.

The emission of CO2 occurs when gas is released from the well, when the well is in the final stages of completion to test recoverability. Burning the shale gas results in CO2 emissions but these emissions are lower than the CH4 that would otherwise have been emitted, thus having a lower global warming potential. It is thought that the extraction of shale gas could be used to a transition to a low carbon economy by displacing fuels like coal.

As might be expected, for such a controversial technology, with such obvious environmental impacts, the regulation of fracking is far reaching and comprehensive.

UK REGULATORY REGIME

The extraction of shale gas is likely to require the following consents:

• Consent from the landowner(s) whose land will be affected by the exploration. Failing that then an application must be made to the Secretary of State.
• Petroleum exploration and development licence. The licences are granted by the Department for Energy and Climate Change on behalf of the Crown.
• Planning Permission. Consent is required from the relevant Minerals Planning Authority, which is commonly the County Council. They may require an Environmental Impact Assessment to be conducted to consider all of the environmental effects. Shale gas extraction will not be considered a Nationally Significant Infrastructure Project.
• Environmental Permits. To cover impacts and the operations that will be taking place.

In addition to the regulatory regime that is in place, there is a wider issue. The extraction of shale gas is a matter of such public interest that the Government has needed to take a position on it. The political analysis of fracking has been thorough, lengthy and considered.

UK GOVERNMENT APPROACH

Following a significant amount of formal investigation and debate, the Government is currently minded to pursue the extraction of shale gas, and that is reflected in a number of committee decisions and reports.

In 2011 the House of Commons Select Committee on Energy and Climate Change published their report “Fifth Report: Shale Gas”. The report considered the following:

• Prospects for Shale Gas Extraction
• Risks and hazards associated with Shale Gas
• Potential carbon footprint of large-scale shale gas extraction

It was concluded by the committee that shale gas drilling in the UK should be permitted.

A further report, published in 2013 entitled “The impact of Shale Gas on Energy Markers” concluded that:

• Shale gas exploration should be encouraged because the exact extent of the recoverable resource is unknown in the UK
• The impact of shale gas on gas prices both nationally and internationally is still unknown and government policy should not be drafted on the basis of the cost of imported gas being reduced.
• The extractions of shale gas could impact on the UK’s ability to meet its statutory Climate Change targets. The committee concluded that the Government needed to:
  a) Complete its research into the emission of greenhouse gases.
  b) Prioritise developing commercial scale carbon capture and storage so that the role of gas in the future can be determined.

So in addition to the technology producing commercial gas, there is also a clear and strong element of research, and a need to determine the likely extent and effect of this mining technology.

Consequently, the Secretary of State for Energy and Climate Change is prepared, in principle, to consent to new fracking proposals. However, any proposal will need to properly consider the specifics of the proposed site, environmental factors, and the results of the necessary and inevitable public consultation that will need to be conducted.

The industry is still very much in its infancy with only one developer commercially extracting so far. Large scale and widespread fracking in the UK has not yet arrived.

However, shale gas offers an element of energy independence, opportunities to develop into the mining technology market, a range of associated employment, tax revenue, and a possible stepping stone into a low carbon economy.

Fracking is here to stay.

With the reduction in subsidies for large solar pv and onshore wind generation due to take effect from April 2014, the need for flexibility in legal arrangements has become of paramount importance as the profit margins of renewable energy developers are squeezed, and rents payable to prospective landlords decrease.

Onshore wind turbines and solar farms often require an “easement” to provide the legal rights over the route to connect to the national grid; sometimes this will involve a third party landowner.  It is commonplace to enter into an option to take a lease of the proposed array or turbine site, but similar arrangements for easements have been less usual.

The benefits of having an easement under option for a developer are significant.  For a nominal sum, the developer can secure the passage from the prospective site to the grid.  If an option is not exercised (perhaps because planning consent is refused), the cost of securing that option will have been far less than paying in full for an easement.  Of course, effective title and site due diligence should be carried out before entering into the option, to avoid any surprises.

Landowners should welcome the prospect of granting an option.  For the reasons outlined above, the option may not be exercised.  The last thing a landowner will want is to sterilise land that could otherwise be used for agricultural or development purposes.  It is important, therefore, to ensure that the option period is not too lengthy so a developer will not ‘sit’ on the option.  Positive obligations on the developer to seek planning permission and obtain the appropriate grid connection should be included.

Then, once the developer has the necessary planning and other consents, the need for further negotiations should be minimised.

For further information, please contact Ian Holyoak, Head of Energy & Renewables at Michelmores, by telephone on 01392 688 688 or by email ian.holyoak@michelmores.com, or your usual Michelmores contact.

The beginning of December heralds the end of ‘Movember’, when men grow moustaches for 30 days to raise awareness of men’s health issues; particularly prostrate and testicular cancer.

Six staff members at Michelmores supported the cause,  growing a spectacular array of facial hair for charity. They included (Back row left to right) Phil Willis, Jon Lane, Tom Brearley, (front from left) David Richardson, Ben Howels and Tom Stenner-Evans.

The team, appropriately named ‘Michel-Mos 2013’ once again raised over £1000 for charity, having participated in Movember for the last four years. Team organiser, Tom Stenner-Evans, himself a five time ‘Mo Bro’, commented: “Although it’s a bit of fun, it’s great that we manage to raise so much money for such a good cause.  Despite Movemberbecominga worldwide phenomenon, hardly anyone in Exeter seems to know about it, so I did get a lot of strange looks in town.”

Tom plans to continue the firm’s Movember fundraising next year, and intends to recruit as many new ‘Mo Bros’ as possible for the 2014 campaign, with a particular emphasis on Partner involvement!

In the meantime, a staff vote is underway amongst the 380 employees in the firm’s 4 offices to determine the’ Michelmores Mo King’ for 2013. Photos, comments, and the opportunity to sponsor the team can all be found on the Michel-Mos 2013 website – http://uk.movember.com/mospace/team

Counterfeiting is the deliberate use of a false trade mark or imitation product which is identical with, or substantially indistinguishable from a registered trade mark or authentic product. The impact of counterfeit goods can be huge and counterfeiters are becoming increasingly proficient at copying packaging, labelling and products causing loss of revenue to businesses, damage to reputation, as well as loss of employment and a wider impact on the economy. The most recent figures issued by the European Commission in April 2013 indicate that counterfeiting causes €200 billion losses to the world economy each year.

However, a recent development in case law in the US may help pave the way for further protection in other jurisdictions. A group of luxury brand owners, Cartier, Chloé, Alfred Dunhill, MontBlanc, Panerai and A.Lange & Söhne were successful in securing a permanent injunction against Trade Key PVT Ltd and SISCOM (”Trade Key”) who collectively operated three websites: tradekey.com, saudicommerce.com and b2bfreezone.com which advertised counterfeit goods. Trade Key argued that the luxury brands needed to submit notice and takedown requests on each infringing item based on the well-known Tiffany v. eBay case. However, the US District Court for the Central District of California granted summary judgment against Trade Key in early October 2013 for contributory counterfeiting and contributory trademark infringement, and stated that Trade Key had actively promoted and facilitated the sale of counterfeit goods.

This case will send a clear message to other online retailers to ensure that they put appropriate policies in place or risk legal proceedings being issued against them by businesses seeking to combat counterfeiting and protect their intellectual property rights.

This is a positive step forward for businesses in the UK, however  there are a number of practical steps that both retailers and suppliers can take in order to combat counterfeiters, these include:

• Creating and implementing an anti-counterfeiting strategy tailored to the product
• Informing customers of known counterfeit products and where they are being sold
• Monitoring the web to check for sales of the product through unofficial distributors
• Informing customers of any intellectual property rights in the home country of the business
• Routinely modifying packaging to make it more difficult for counterfeiters to keep up with changes
• Using hi-tech/complex packaging i.e. with holograms which is more difficult to copy and reproduce

For further information on the issues raised in this article please contact Tim Richards, Partner, at tim.richards@michelmores.com.

It’s that time of year again.

Law firms will be stepping into recruitment overdrive, splashing out on banners, brochures and novelties in preparation for the various law fairs that will be occurring throughout the country in the next few months, as they compete for the best and brightest.

This is an excellent time for students and other seekers of training contracts to get into contact with the firms they want to work for, or to find out more about those they are unsure of. This guide is based on my own experiences of law fairs both as a student and a delegate, and should help you make sure you get noticed (for the right reasons!) :

Do…

1)    …the research!

Yes, every website, guide, and book says this. But it is absolutely vital! Questions like ‘who are you?’, ‘where are your offices?’ or ‘what are you practice areas?’ are not going to impress anyone. All this information will be on the firm’s website, in their marketing materials or on sites like Chambers or Lex 500. If you come to the fair knowing all the basic information, you can fill any face-time you get with the firm’s representatives with more intelligent, targeted questions which will get you noticed.

2)    …talk to people

There is no point going to a law fair and meekly taking brochures. Law fairs are there for firms to market themselves to you, as much as for you to learn about them. Take this opportunity and try to get a feel of the firm from the delegates – do they like their job? What do they like about it? Do they seem friendly? Are they similar in outlook to you? Obviously everyone will be on their best behaviour and trying to impress, but even so I believe you can tell a lot about a firm by the people it chooses to represent it.

Even if you are not a naturally confident person, making this effort will really help you.

3)    …be realistic

Ok, so those Magic Circle and Silver Circle firms have really nice stalls. But, when you have limited time you are far better spending it on firms that you really want to work at and that match your academic history and interests. Dedicating time to the right firms in this way will ensure that the right people remember you, and that you are able to target your applications to the firms you could actually see yourself working for.

4)    …take it seriously

I have heard people say things like ‘no-one ever gets a job from a law fair’ in the past. Wrong! While no one is going to be handing out a training contract on the spot, it is certainly possible to lay the groundwork to a successful application at an early stage. In my own experience as a delegate, I have taken down the names of promising people to be added to the list of ‘ones to watch’. This may not sound like much, but in a field where there are sometimes hundreds of applicants for every place, it may be the difference that gets you an interview.

5)    …prepare questions

Having done your research, you will know about the firms you want to talk to. This will let you prepare a few questions to ask your targets. I would try to ask things that you want to know about the firm that are unavailable from other sources, or about the experiences of the delegates. It may also be worth preparing a question about how the firm intends to compete with others, or intends to deal with changes such as Alternate Business Structures or the Jackson Reforms. These kinds of targeted, sensible questions will help you to stand out and show that you are switched on.

Don’t…

1)    …turn up scruffy

You should treat a law fair as the first stage of the interview process. This means that while you don’t need to turn up in a three piece suit, taking some care over your appearance and wearing smart-casual or office style clothes will help you put across the right kind of impression. You may prefer Death Metal t-shirts and a plaited beard, but ask yourself if the firm you are approaching is going to think they can put that in front of a client.

2)    …come with a trolley

There are undoubtedly some pretty exciting marketing knick-knacks on offer at law fairs (I have seen memory sticks, smartphone cases and umbrellas!), and of course you will come away with a few bits from the firms you spend a while talking to. But don’t treat the law fair as a free shopping opportunity. No-one will be impressed by your masses of freebies, and going around the stalls to ask for the free things will not get you any closer to a training contract.

3)    …try to show off how intelligent you are

Listing off how many partners you know, how many vac schemes you have had or how many awards you have won is not going to win you any friends. Whilst it may be appropriate to drop certain achievements into conversation, your CV or application form is a much better forum for this. If you focus your time on learning about the firm you have approached, and letting them get to know you a little, you are much more likely to be remembered. Showcasing you as a complete person can’t be done on paper. You should also avoid opening with the question ‘I’m averaging a 2:2 – would you still be interested in me?’. I’m not suggesting that a candidate with a 2:2 wouldn’t get a training contract or be the right fit for a firm, but choosing to reveal this on an opening line is not going to create a great first impression. Get talking first, be personable, win them over – and then slip in the question!

4)    …spend the whole fair talking to one person

Go to law fairs with a list of the firms that you want to speak to and have researched, and make sure you talk to each of them. Even if you are dead set on one firm, try to consider similar firms or even competitors of that firm – it never hurts to know more about the legal marketplace, and broader knowledge (and options) will be necessary if things don’t work out with your first choice.

5)    …be rude

This should go without saying, but unfortunately some people do forget to mind their manners, push in on conversations, talk over delegates, attempt to belittle the firm they are talking to or criticise the practice area of the lawyer they are speaking to. This is not going to do you any favours, so just don’t. Also, delegates tend to be proud of the place they work, so avoid expressions like ‘small firm’ or ‘just a regional firm’, unless the firm describes themselves in that way. Oh, and never tell the firm you are approaching they are a ‘backup option’!

Hopefully these tips will help you navigate law fairs successfully and get a bit more out of them… good luck!

Michelmores renewables seminar from Michelmores Solicitors LLP

Over 40 delegates attended a renewable energy seminar at Michelmores LLP, which examined the issues surrounding the take up of Solar PV by businesses.

Jointly hosted by the Renewables Team at Michelmores, Francis Clark and SunGift Solar, a leading supplier of commercial solar PV,  the seminar looked at the legal, financial and practical issues involved, including fundraising and taxation, planning and property law, design and installation and an update on Feed-in-Tariffs.

Speakers at the event, subtitled ‘the money-making overhead’, included Michelmores partner Philip Wolfgang, Andrew Killick from chartered accountants Francis Clark and Matthew Lauri of SunGift Solar.

The seminar was also addressed by James Dart of Darts Farm who recounted his experience of installing solar PV on a commercial scale at his family’s retail complex in Topsham.

Delegates also had the opportunity of visiting the Met Office and to inspect the solar PV there (which was installed by SunGift Solar).

Michelmores Partner, Head of Energy & Renewables and Seminar Chairman, Ian Holyoak said: “Our seminar on commercial-scale rooftop solar PV was really well-received and I’d like to thank all attendees.  Our friends at the Met Office even ensured there was a window in the weather for the pre-seminar tour of their own installation, installed by our co-hosts SunGift Solar.

Copies of the slides of the speakers from Michelmores, Francis Clark, SunGift Solar and Darts Farm are available here.

“To reinforce the points made at the seminar, Greg Barker (Minister for Climate Change at DECC) kindly followed up with his ‘Solar PV Strategy Roadmap’ announced in a speech on 8 October 2013, following a trip to the Bentley factory, home of the UK’s largest rooftop solar PV installation.  His vision includes 20GW of installed solar capacity by 2020 and a strong steer towards installations on brownfield sites and business / community rooftops.  There’s a link to his speech here.”

The Solar PV for business seminar took place at Michelmores’ Woodwater House on Thursday 3rd October 2013.

For more information on this topic please contact Ian Holyoak on 01392 688688 or ian.holyoak@michelmores.com

Help-to-Buy scheme is working… Figures show increase in housebuilding… Permitted development rights to be extended… MPs call for guidance on renewable energy schemes… Majority of rejected wind turbine applications are being overturned… New powers to tackle unauthorised traveller sites…

Help-to-Buy scheme is working…

The Help-to-buy scheme has delivered over 300,000 new homes over the last two years. Secretary of State for Communities and Local Government, Eric Pickles, said ‘with over 10,000 reservations in 4 months, it’s clear that the Help to Buy: Equity Loan scheme is working well’.

• Delivering new homes for hard-working people

Figures show increase in housebuilding…

The number of houses built across England between April and June has increased by a third compared to the same quarter last year, these figure show a 6% increase on the last quarter. These figures suggest more developers are looking to build and numbers of first-time buyers are increasing.

• Increase in housebuilding starts show market has turned the corner

Permitted development rights to be extended…

A package of permitted developments rights has been announced by Planning Minister Nick Boles and is now under consultation. This package is designed to remove barriers to planning applications which are deterring people from using empty buildings.

• Minister unveils permitted development package

MPs call for guidance on renewable energy schemes…

The Commons Energy and Climate Change Committee have recommended further planning guidance is needed at national level, particularly on technical issues. MPs have also called for the Government to do more to encourage local authorities to consider renewable energy development and involve the community in the planning process.

• MPs urge clearer guidance for community energy schemes

Majority of rejected wind turbine applications are being overturned…

Two-thirds of applications for wind turbines in Devon and Cornwall, originally been rejected by local councils, have been accepted by planning inspectors on appeal. Campaigners and MPs are concerned about the effect of development on the countryside.

• Locals ignored on wind turbines

New powers to tackle unauthorised traveller sites…

The Government has published a new guide designed to give councils and landowners stronger power to tackle unauthorised traveller sites. Local Government Secretary, Eric Pickles, said ‘we’ve strengthened councils’ powers so they have the confidence to take decisive action. Too often, council officers wash their hands, and say nothing can be done. This is not the case.

• Councils can quickly stop illegal encampments

£1.4 million for relief road for housing development in Cullompton… Property owners to be more involved in regeneration of towns… Consent for world’s largest offshore wind farm… Government authorises Hazardous waste facility… First deal under Government

Build to Rent scheme… £220 million boost for affordable housing

£1.4 million for relief road for housing development in Cullompton

Outline planning consent has been awarded to a developer to build an additional 285 new homes on a 27 acre plot in Cullompton. £1.4 million is being put forward to highways improvements, flood defences and a relief road.

Property owners to be more involved in regeneration of towns

Local Growth Minister Mark Prisk announced proposals to give property owners greater opportunity to participate in the regeneration of business improvement districts and high streets. The proposals are intended to boost funding and enthusiasm by giving landlords a direct say in their local projects.

Consent for world’s largest offshore wind farm 

A nationally significant infrastructure project consisting of 288 wind turbines situated off the coast of Lincolnshire and Norfolk, the largest offshore wind farm in the world, has been approved by Energy Secretary Ed Davey.

Government authorises Hazardous waste facility

A hazardous waste landfill site in Northamptonshire, the first to be dealt with under the planning regime for nationally significant infrastructure projects, will almost double in size as a result of recommendations by the examining planning inspector and subsequent Government approval.

First deal under Government Build to Rent scheme

The Government’s Build to Rent scheme which has put forward £1 billion for homes built specifically to rent, has helped to deliver a development of 1600 homes at Southhampton quayside, Housing Minister Mark Prisk said “we’re determined to build a bigger and better private rented sector that gives tenants a wide choice of good quality homes.”

Read more…

£220 million boost for affordable housing

Approximately 14,000 homes will be constructed outside of London as a result of the £220 million funding injection from the Government. 69 housing associations and developers will share the sum, which is part of the expanded £450 million Affordable Housing Guarantees.

Read more…

For more information, please contact mark.howard@michelmores.com.

How often do you indicate your acceptance to online terms and conditions without ever reading them? Recent developments in both case-law and the practices of internet companies may make you think twice before doing so in future.

In December 2012, Facebook-owned photo sharing platform Instagram faced backlash from users when it was revealed that changes were being made to its terms and conditions which appeared to give Instagram the right to sell users’ photos to advertisers free of charge and without notification. Although denying that this was its intention, blaming ‘confusing’ language in the revised terms, it has arguably called into question the practice of online companies to overwhelm users with lengthy terms and conditions and complex legal jargon in an attempt to impose unfavourable terms on users.

A recent article published by BBC News (Source – BBC News – © 2013 BBC)  suggested that the terms and conditions of certain well-known internet companies have a higher word count than works of Shakespeare. Some terms and conditions, including the iTunes terms and conditions of Apple, contain terms which allow the company to modify and add to the terms and conditions at any time. It is then the user’s continued use of the service in question that is deemed acceptance of these modified terms.

But can companies get away with these practices? The Unfair Terms in Consumer Contract Regulations 1999 (UTCCR) deals with the fairness of contractual terms in consumer contracts. Regulation 5(1) sets out that a contractual term that has not been: “individually negotiated [with a consumer] shall be regarded as unfair if…it causes a significant imbalance in the parties’ rights and obligations arising under the contract”, consequently rendering it unenforceable.

In the case of Spreadex Limited v Colin Cochrane [2012], the online betting company, Spreadex, sought to rely on a “deemed authorisation” clause in its 49 page customer agreement to obtain payment from Cochrane of £50,000 of losses racked up by a 5 year old child “playing” on Cochrane’s computer.  The clause stated: “You will be deemed to have authorised all trading under your account number”. Spreadex’s claim was dismissed partly on the basis that this clause was an unfair term under UTCCR. The clause had not been individually negotiated with Cochrane and, viewed overall, did not satisfy the fairness test in Regulation 5(1) of UTCCR.

Whether a particular term in an internet company’s terms and conditions is enforceable will depend on the facts of the case and therefore must be decided on a case-by-case basis. However the need for the term to be fair must be at the forefront of these companies’ minds, especially where the term is unusual or seeks to impose liability on the consumer. It may be wise to highlight key terms or specifically draw the consumer’s attention to them, thus allowing the consumer to make an informed decision as to whether or not to accept the contract. Failure to do so may render these terms unenforceable and, as highlighted by Spreadex, could cause significant losses.

For more information on website issues, e-commerce or consumer contracts, please contact Tom Torkar, Partner in our Commercial team.

As part of my seat in the Clinical Negligence team I had the opportunity to attend a conference with Counsel and medical experts in London. As the conference was in the afternoon I was able to spend the morning in Michelmores’ London office.

Although I am originally from Greater London, I had not visited Chancery Lane before and therefore made full use of ‘Google maps’ to locate the office. I had a thoroughly enjoyable morning; I was able to acquaint myself with the London office and members of the London team. I was then able to walk with my supervisor to the chambers in the afternoon. I was lucky enough to be attending a conference with three highly qualified medical experts, as well as Counsel and my supervisor, Bernadette McGhie, who herself was a qualified general and paediatric nurse before she became a solicitor.

It was fascinating to hear the nitty-gritty of a clinical negligence claim, although with no medical background, I think a lot of the medical jargon went sailing over my head! However, by the end of the conference I had, dare I say it, improved my medical knowledge a little, whilst my shorthand had improved a lot.

Within the same week, I was also able to attend my first in person court hearing. As the hearing was in Torquay, I was able to experience the journey between Exeter and Torquay along the seafront and admire the scenic views. Unfortunately, I had not had the foresight to bring warm clothing for waiting on various station platforms, but managed to borrow a scarf and find a very large fur coat in the boot of my car. Although I may have looked a tad overdressed for court, I was able to wriggle out of my winter attire before entering the court room. The hearing was really interesting and the whole experience very beneficial. I hope to be invited along next time!

Of all the legal issues I thought a seat in Procurement, State Aids and Competition Law would bring (I wouldn’t have been able to tell you many to be fair), the illegal harvest of timber was probably not one of them…

Similarly if you asked me whether I thought I’d become a timber ‘nerd’ I’d have probably laughed (politely) in your face and said no. But I would have been wrong. The forthcoming EU Timber Regulations (EUTR) will take effect from 3 March 2013, in case you wondered, and will have a widespread impact across the timber trade.  The EUTR will compel all companies that first bring timber or timber products into the EU to show they have effectively assessed their suppliers, via a ‘due diligence system’ to minimise the risk of sourcing illegal timber. This is part of the EU’s environmental policy and has been largely supported by the Timber sector.

Despite the EUTR being approved in 2010, it has only recently become a real forefront issue as we approach the final countdown stages. For example, the ‘special focus’ section of the latest edition of the Timber Trade Journal was dedicated to the long-awaited EUTR. Of course I am a Timber Trade Journal (the ‘TTJ’ to us timber nerds) subscriber, and am looking to subscribe to more timber publications! Despite the potential lack of ‘glamour’ and celebrity gossip surrounding the timber trade, it really is fascinating! It’s certainly not an aspect of law I was expecting to be dealing with, but I have been lucky enough to provide advice for several new clients in relation to it. It has been a timber whirlwind which I’m hoping will continue.

Although I’m not ashamed of being a timber nerd, perhaps I have gone a bit too far. Perhaps it is a little anti-social to explain to your friends about the FSC certification stamp on a brush in the Body Shop or want to discuss with them how every piece of timber used in building the London Olympics sites was certified ‘legal and sustainable’. Or maybe I just need new friends?

Recently my supervisor was invited to speak at the Tourism Management Institute Convention about State Aids, hosted in the New Forest.

After meeting several representatives from tourism bodies, we had some spare time before the presentation. Shamefully, neither of us had visited the New Forest before so thought we would explore the countryside surrounding the hotel venue. An enjoyable breath of fresh air – or so we thought.

I guess the walk started badly as my shoes were not designed with puddles of mud in mind. Worse was to come…

After some walking we encountered an unfenced field of cows to the side of the country lane we had innocently wandered down. My supervisor would argue, as he did at the time, they were ‘bulls’ not cows. What followed was a stare-out between my supervisor and the ‘bulls’ (think black and white western films). To say my supervisor hurriedly retreated when a ‘bull’ took an overly aggressive step forward is an understatement!

I was abandoned to their mercy. Though none of the cows subsequently moved, my supervisor assured me they were not to be trusted. Luckily we both survived and counselling has not been necessary. If anything it made our State Aid discussion much less traumatic, given the ordeal we had already overcome!