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27 Jan 2012
Local authorities must take proper advice to avoid pitfalls before renting empty premises to small businesses says lawyer
Alexandra Townsend-Wheeler, commercial property paralegal at Bircham Dyson Bell LLP is warning local authorities to seek advice prior to renting empty office space to small businesses in line with David Cameron's announcement.
Author: Alexandra Townsend-Wheeler
27 Jan 2012
Lawyer calls for Severn Barrage to be passed by hybrid parliamentary bill
Nick Evans, partner at Bircham Dyson Bell LLP believes that the Severn Barrage project proposal is so significant in terms of size, complications and impact that it should be subject to parliamentary hybrid bill to increase the chances of it going ahead.
Although the project is controversial, its promoters claim it could provide the economic stimulus to Wales not seen since the mining industry was at its peak and is desperately needed to provide growth to Cardiff more specifically.
Author: Nick Evans
26 Jan 2012
All Change for Employment Tribunals?
Vince Cable, the Business Secretary, has recently announced the UK Government's plans to significantly reform UK employment law. These reforms are likely to have a major impact on diplomatic community within the UK given the number of local staff embassies and high commissions employs.
Author: Nick Le Riche
26 Jan 2012
Make contracts simpler when allocating responsibility for preparation of contaminated land for development says lawyer
Bob Perrin, partner at Bircham Dyson Bell LLP, recommends simplicity when documenting who does what in preparing contaminated land for development. The warning comes in the wake of the award of £1.1 million in damages to Persimmon Home for clean-up work at a former landfill site for which responsibility for the work lay with their seller.
"In this particular case; Persimmon Homes and Hall Aggregates had a contract that set out the roles that each should play in the preparation of the land for development by Persimmon," explains Bob Perrin.
Author: Bob Perrin
26 Jan 2012
Quarterly rent payments are becoming a thing of the past as more tenants than ever request to pay monthly says lawyer
Sushila Pindoria, senior associate at Bircham Dyson Bell LLP believes that quarterly rental payments by tenants, especially those in the retail sector, are fast becoming a thing of the past as more tenants demand to pay monthly.
"Tenants are struggling to manage their cash flow due to the downturn in their businesses especially retailers who are often living from ‘hand to mouth' and are seeking a degree of flexibility from their landlords in rental payments," explains Sushila.
Author: Sushila Pindoria
25 Jan 2012
UK regulatory regime ensures Asian investment in UK infrastructure is water tight
John Hurdley, Partner at Bircham Dyson Bell LLP believes that the UK's regulatory regimes which regulate utilities and other infrastructure providers, allow the Chancellor, George Osbourne to confidently call for more Asian investment in the UK.
"The Chancellor's call for more Asian investment in UK infrastructure is a pragmatic and well-timed solution to a growing problem - the shortage of both public and private funds in the UK to provide the new infrastructure that the UK so badly needs to aid future growth," explains John.
Author: John Hurdley
13 Jan 2012
Competition and consternation in the private healthcare market
The end of 2011 was marked for the private healthcare market by the Office of Fair Trading's announcement of its provisional decision to refer the sector to the Competition Commission (CC) for investigation, and by public signs of tension between Bupa and BMI, the biggest private medical insurer and the largest private hospital chain respectively. In this article Agnieszka Phillips summarises the latest developments.
Referral of the private healthcare market to the Competition Commission
Author: Agnieszka Phillips
13 Jan 2012
All Change for Employment Tribunals?
Vince Cable, the Business Secretary, has recently announced the Government's plans to significantly reform UK employment law. These reforms are likely to have a major impact on organisations within the healthcare sector given the large number of employees the sector employs.
Author: Nick le Riche
13 Jan 2012
Use of unlicensed medicines - legal and ethical issues
In the current climate of austerity, healthcare providers may be seeking ways to contain costs of treatment. A particularly effective way is the substitution of expensive medicines with either generic formulations when available in the market place or other sometimes older pharmacologically similar products which may be considerable less expensive. Such medicines may well be unlicensed and not authorised for use in the same indications.
13 Jan 2012
Health organisations risk painful penalties if patient confidentiality is not prioritised
Healthcare organisations should view breaches of data protection principles as they do illness - prevention is better than cure! Prevention is especially desirable in relation to accidental loss or disclosure of data. Such breaches are, in effect, incurable and heavy monetary penalties or other enforcement measures could be administered by the authorities.
Author: Erika Hayes
05 Jan 2012
Lawyer calls for regulation to the property lettings marketplace
Alexandra Townsend-Wheeler, a property paralegal at Bircham Dyson Bell LLP is calling for regulation to the lettings market place to prevent letting agents from charging a variety of different fees on top of rent in advance and deposits.
"The problem seems to be most prevalent in central London where lettings agents are charging a variety of ‘on top' fees on rental properties," explains Alexandra Townsend-Wheeler.
20 Dec 2011
TIF proposals welcomed but detail will make the difference between success and failure says lawyer
Nick Maltby, partner at Bircham Dyson Bell LLP believes that the Government's proposals for Tax Increment Financing (TIF) set out in this week's Local Government Finance Bill, while a step in the right direction, lack concrete detail and may not do enough to provide local authorities with a strong financing mechanism for local growth.
Author: Nick Maltby
20 Dec 2011
Evolution not revolution for the water white paper says lawyer
John Hurdley, Partner at Bircham Dyson Bell LLP believes that The Secretary of State has played a careful hand and taken sensible measures with regard to the plan for managing and harnessing the increasingly scarce but vital resource of water - set out in the Water White Paper.
Author: John Hurdley
14 Dec 2011
Don’t fall foul of residential cellar conversion planning
Anju Parmar, solicitor, Bircham Dyson Bell LLP is warning residential developers to beware of falling foul of planning laws in the wake of an increase in basement conversions.
"Extending homes into the basement has grown in popularity, especially in central London as home owners decide to make the most of their existing property and the space it provides," explains Anju Parmar.
"However after a number of high profile failures and owners falling foul of planning laws, concerns are being raised about safety standards.
12 Dec 2011
Draft Finance Bill 2012 - Charity and Philanthropy Provisions
On 6 December HM Treasury published draft clauses for Finance Bill 2012, together with responses to various recent consultations, including those affecting the charity and philanthropy sector.
The clauses include provisions which formed part of what the Government has persisted in claiming were the "most radical and generous reforms to charitable giving for more than twenty years". Sadly, the Government's actions, while no doubt well-meaning, fall short of the rhetoric.
Incentive for charitable legacies - Jam tomorrow, not today?
Author: Jonathan Brinsden
12 Dec 2011
“Archaic and clunky” planning applications out - but streamlined system still not fully understood
A new streamlined planning consent system that could change the fortunes of the energy, transport, water and waste sectors is still not fully understood by major infrastructure project promoters.
The Planning Act 2008 introduced a new system for getting consents for what the Act refers to as ‘Nationally Significant Infrastructure Projects'. These new consents are called ‘Development Consent Orders' (DCOs).
12 Dec 2011
Lawyer warns local authorities in smaller UK towns not to count on retail development for regeneration
Sarah Godfrey, associate at Bircham Dyson Bell LLP is warning local authorities in smaller UK towns not to rely on large scale retail shopping centre developments for regeneration.
The warning comes in the wake of recent research by commercial real estate group Colliers International which suggested that only four per cent of the current UK shopping centre pipeline is classed as ‘under construction'.
Author: Sarah Godfrey
09 Dec 2011
Bridging loans on the rise, but property lawyer warns of pitfalls for the uninitiated
Lucy Campbell, senior associate at Bircham Dyson Bell LLP is warning of the pitfalls of bridging loans, the number of which are rising steadily to cover a various property purchases.
Author: Lucy Campbell
09 Dec 2011
Business rates rise in 2012 could be final nail in retailers coffin
Jennifer Chappell, associate at Bircham Dyson Bell LLP, believes that unless the government reassesses the business rates rise of 5.6% in April 2012, there will be many casualties on the high street - with retailers feeling the rise the most.
"It's no secret that retailers are finding the squeeze very difficult. The high street is suffering one of its hardest Christmas' and a, frankly, colossal rise of 5.6% in the business rates as currently proposed is an enormous hike in costs under already difficult circumstances."
Author: Jennifer Chappell
08 Dec 2011
Welsh government’s review of renewable energy projects is flawed both in timing and content says lawyer
Nick Evans, partner at Bircham Dyson Bell LLP, believes that the Welsh government's decision to review all renewable energy applications that have been processed by the Welsh planning system since 2005 risks being flawed in both its timing, as well as its content.
"If the review only looks at those planning applications that were completed, not the ones that are currently in the system, it risks missing out on the most difficult cases" explains Nick Evans.
Author: Nick Evans
08 Dec 2011
New models for PPP? - The prospects for the PFI review
It seems we are all (still) looking for new models for PPP. HM Treasury in "Infrastructure Procurement: delivering long term value" (March 2008) stated that it wished to encourage a dialogue around alternative models. Before the General Election in 2010 the Conservatives stated repeatedly that "Labour's PFI model is flawed and must be replaced," (George Osborne, Observer, November 2009).
Author: Nick Maltby
06 Dec 2011
Landlords urged to make provision in retailers’ rental contracts for disclosure of sales figures
Neil Pota, associate, Bircham Dyson Bell LLP is warning landlords who rent property to retailers to include within their rental contracts the necessity for the tenant to disclose sales figures.
"It sounds basic, but how many landlords have no sight of the retailers sales figures, and therefore have no foresight into whether or not their tenant sales performance is strong, or if weak, whether the tenant may default on the rent payment due to poor sales," explains Neil Pota.
Author: Neil Pota
06 Dec 2011
National Infrastructure Plan 2011 welcome but doesn’t go far enough says lawyer
The long awaited second edition of the Government's National Infrastructure Plan was published last week, but lawyer Nick Maltby, partner and head of commercial projects at Bircham Dyson Bell LLP believes that, while it is a serious step in the right direction, there is nothing ‘game changing' in the plan and it won't kick start the growth the UK so badly needs now.
Author: Nick Maltby
06 Dec 2011
Localism act may have altered the decision by the High Court to find Stevenage council’s home building plans ‘unsound’
Angus Walker, partner at Bircham Dyson Bell LLP believes that the decision by the High Court to reject Stevenage Council's plan for housing growth in the area might have had a different outcome under the Localism Act.
Planning inspectors rejected the plans in the first instance because neighbouring North Hertfordshire District Council's plans changed, leaving Stevenage's housing targets adrift.
Author: Angus Walker
28 Nov 2011
Middle eastern unrest and euro zone crisis sees foreign investment in prime central London property increase
Jason Richardson, associate at Bircham Dyson Bell LLP, who works in the lease extension and enfranchisement work team, believes that the current unrest in the Middle East, and economic instability across Europe is helping to increase the attractiveness of investment in prime central London residential property ("PCL").
Author: Jason Richardson
25 Nov 2011
Commercial landlords and tenants must be aware of the new dilapidations protocol says lawyer
Jacinta Conway, Senior Associate at Bircham Dyson Bell LLP is warning commercial landlords and tenants that the pre-action protocol drafted by the Property Litigation Association is to be given formal legal status for the first time. The protocol had previously been used informally by the property industry in claims to recover damages relating to the physical state of a commercial property at the end of a lease.
Author: Jacinta Conway
24 Nov 2011
Landlords and Tenants - The balance of power and Authorised Guarantee Agreements
Many in the property industry have kept a keen interest in the development of the law relating to Authorised Guarantee Agreements (‘AGAs'), particularly in the wake of the case Good Harvest Partnership v Centaur Services Limited 2010 EWHC (Ch).
24 Nov 2011
Where does a commercial landlord stand when its tenant becomes insolvent?
A common issue facing landlords of commercial premises is to decide what to do if one of its tenants has stopped paying the rent and has entered into one of the types of insolvency prescribed by statute. In the case of companies, these can include company voluntary arrangements, administration, administrative receivership, Law of Property Act receivership or liquidation. In the case of individuals, they might include individual voluntary arrangements or bankruptcy.
Author: Simon Painter
24 Nov 2011
Can a Trustee in Bankruptcy be liable for costs following assignment of a cause of action to a third party?
TiBs frequently assign the right to recover debts due to the bankrupt's estate. The advantage to the TiB is that he receives a lump sum or a share of the proceeds of a successful claim for the benefit of the bankrupt's creditors without having to fund and pursue litigation himself. In most cases, once a TiB has assigned the right to recover the debt that will be the end of the matter; he just has to wait for the litigation to be concluded when payment of the agreed share will be made. A recent Court of Appeal decision means that this will not always be the case.
Author: Helen Matthews
21 Nov 2011
PFI review lacks substance
Nick Maltby, partner at Bircham Dyson Bell LLP believes that plans by the Government to fundamentally assess a new delivery model for PPP which draws on private sector innovation but at a lower cost to the taxpayer lacks substance and will lead to no more than a tweaking of the current PPP model.
Author: Nick Maltby
21 Nov 2011
Pickles is right to remove council tax concessions on second homes
Eric Pickles' proposals to remove council tax concessions on second homes is only right and proper believes John Stephenson senior partner at Bircham Dyson Bell LLP.
"It's difficult to argue the case for keeping things as they are presently - even though second homes are subject to Capital Gains Tax, the cost of local services is a constant," explains John Stephenson.
Author: John Stephenson
18 Nov 2011
Village greens should not be used as a weapon to frustrate local development
David Mundy, partner at Bircham Dyson Bell LLP believes that reform of the regime surrounding the registering of village greens should happen sooner rather than later if necessary developments in local communities are to go ahead without hindrance.
"There's a balance to be struck between the real desire of local residents to protect land that is used for the community and those who are merely using the law as a way of preventing much needed development in their community," explains David.
Author: David Mundy
17 Nov 2011
Royal assent for Localism Bill means local authorities duty to co-operate becomes statutory
The Government's Localism Bill has received royal assent, devolving power from central government and local authorities to local people. Although, most of the changes to the planning system won't become law until April 2012, as Angus Walker, planning partner at Bircham Dyson Bell LLP points out, local authorities have an immediate duty to co-operate.
Author: Angus Walker
15 Nov 2011
Lawyer calls for ring-fenced tax incremental financing (TIF) for infrastructure projects
Nick Maltby, partner at Bircham Dyson Bell LLP is calling for the Government to opt for ring-fenced Tax Incremental Finance (TIF) to fund the much needed infrastructure projects in English towns and cities.
The request comes off the back of the Centre for Cities research and the close of the Government's consultation period into which method would be best deployed to achieve a successful system for financing infrastructure.
Author: Nick Maltby
14 Nov 2011
There is no ‘common law’ for non matrimonial co-habitees
Elaine Dobson, partner at Bircham Dyson Bell LLP is warning non matrimonial co-habitees that there is currently no ‘common law' to settle disputes when relationships break down and assets must be split - and to put in place an agreement at the point of purchase to protect themselves in such an event.
Author: Elaine Dobson
14 Nov 2011
New regulations under the Energy Act 2011 may never happen
In the wake of the Energy Act 2011 being given Royal Assent last month, Jennifer Chappell, associate at law firm Bircham Dyson Bell, believes that legislation within it to govern the energy efficiency of properties will never meet the 2016 and 2018 deadlines.
"I'm very sceptical about this latest legislation - for a start, will the consumer actually take up the product? Who will be regulating the Green Deal assessors and Green Deal providers, and how will it actually work in practice?" asks Jennifer Chappell.
Author: Jennifer Chappell
03 Nov 2011
Buyer Beware - get the right legal advice when investing in property
This article was first published on the PRS Update website on 19 October 2011 and is reproduced by kind permission.
When making a major investment in property it is important to remember that the rule is "buyer beware" so it cannot be over-stressed just how important it is to have the right professional legal advice.
Simon Painter, Bircham Dyson Bell LLP.
Here are just some of the areas where good advice is paramount...
03 Nov 2011
On a budget: The new costs management order
This article was first published in the Solicitors Journal on 18 October 2011 and is reproduced by kind permission.
The new costs management order is here to stay, and those firms that master the art of costs budgeting early on will have an advantage, says Richard Langley.
Author: Richard Langley
02 Nov 2011
Lawyer warns cohabiting couples of the need to understand the pitfalls of joint tenancy
Hannah Clews, solicitor at Bircham Dyson Bell LLP believes that in light of the ruling in Quigley v Masterson, where severance of a joint tenancy was contested, cohabiting couples must be more aware of the pitfalls of a joint tenancy when buying property together. It also provides a warning to practitioners of what can constitute a notice of severance of a joint tenancy.
Author: Elaine Dobson
02 Nov 2011
First UK judgement on the remedy of ineffectiveness exposes flaws in the system
The first UK judgment on the remedy of ineffectiveness between Alstom and Eurostar has shown up flaws in the process for deciding the fate of public procurement contracts believes Nick Maltby, partner, Bircham Dyson Bell LLP.
"I think the case raises concerns around giving plaintiffs effective remedies where the terms of the contract change significantly once a preferred bidder has been appointed," explains Nick Maltby.
Author: Nick Maltby
02 Nov 2011
New law for squatters should focus on the civil case, not the criminal one
Nitej Davda, senior associate at Bircham Dyson Bell LLP, believes that efforts to pass laws to make squatting a criminal offence would be better spent making the existing civil process faster, less expensive and more effective.
"We shouldn't be focusing on the criminal process, but making the existing civil process more effective and much simpler. If there was one ‘uniform' way to remove a squatter from premises (from the point at which the case is commenced to the eviction), it would make life more simple for those affected by squatters," explains Nitej Davda.
Author: Nitej Davda
21 Oct 2011
Special parliamentary procedure is unnecessary in the planning process says lawyer
Angus Walker, planning partner at Bircham Dyson Bell LLP believes that although the Infrastructure Planning Commission (IPC) has said that it intends to grant development consent to Covanta Energy for its Energy from Waste plant to be built at Rookery South in Bedfordshire, its referral to Parliament under Special Parliamentary Procedure (SPP) is wholly unnecessary and the regime should be altered.
Author: Angus Walker
20 Oct 2011
Company voluntary arrangements (CVAs) create further woes for commercial landlords
Company Voluntary Arrangements (CVAs) are adding to the woes of commercial landlords as retailers find it increasingly difficult to make ends meet and use them to renegotiate their tenancy debts says Andrew Smith, property partner, Bircham Dyson Bell LLP.
"Retailers are looking to cut costs and rent is obviously a big cost both in terms of historic debts, but also going forward. Landlords are becoming increasingly under the impression that CVAs are being engineered primarily to target lease obligations," explains Andrew Smith.
Author: Andrew Smith
19 Oct 2011
‘Green deal’ will provide rental boost for those landlords that have energy efficient properties
Improvements to residential and commercial properties in terms of energy efficiency may provide a boost to rental incomes where properties are energy efficient believes Jason Richardson, property lawyer, Bircham Dyson Bell LLP.
"Over the next few years there will be opportunities for both residential and commercial landlords to take advantage of the Green Deal whether it's from grants or capital allowances," explains Jason Richardson, Bircham Dyson Bell LLP.
Author: Jason Richardson
17 Oct 2011
Provisional decision on remedies for local bus service regulation is an opportunity missed says lawyer
The provisional decision on remedies for local bus service regulation published by the Competition Commission this month is a missed opportunity says Nick Maltby, partner, Bircham Dyson Bell LLP.
Author: Nick Maltby
13 Oct 2011
Proposals in the draft national planning policy framework will increase planning appeals and court challenges says planning lawyer
John Qualtrough, partner at Bircham Dyson Bell LLP believes that contrary to the Government's stated intention to simplify the planning system the existing draft National Planning Policy Framework (NPPF) creates uncertainties which are likely to lead to a greater number of planning appeals and court challenges as applicants, local planning authorities and their advisers grapple with its provisions.
Author: John Qualtrough
13 Oct 2011
Tax Increment Finance – after the Local Government Resource Review
Introduction
TIF has been the great hope of the regeneration industry for almost as long as people can remember. Under the last government, expressions of interest were invited, only for progress to stall after 84 local authorities had submitted 124 bids. Birmingham, Leeds, London (for the Northern Line Extension) and Sheffield submitted the largest pilot proposals. The total funding sought ran to £2.33bn, with the highest bid being for £400m and the lowest for £750000.
Author: Nick Maltby
11 Oct 2011
The Government announces two more Enterprise Zones
It will be recalled that in the March 2011 Budget, the Government announced the creation of a number of Enterprise Zones (EZs) across the country to stimulate business growth by providing financial incentives directly to businesses and to local authorities to promote business growth in their area.
Author: Nick Maltby
07 Oct 2011
Coalition planning promises under the spotlight
It's been 18 months since ink was set to paper on the coalition agreement between the Conservatives and Liberal Democrats, setting out their programme for government. Included in that was how planning and development would be moved forward to help the country build its way out of recession. But are they delivering on their promises? Here Nick Maltby, Partner at top legal law firm Bircham Dyson Bell reviews what has happened to date on planning-related promises.
Author: Nick Maltby
05 Oct 2011
Employment Law Reforms
The Government has announced two changes to the Employment Tribunal system, in an effort to save UK business £6 million per year. The first of these changes will see the qualifying period for the right to claim unfair dismissal doubled from one to two years. The change, which will come into force on 6 April 2012, is the latest of the Government's proposals to review existing employment laws to encourage early resolution of disputes and tackle weak claims.
Author: Nicholas Le Riche
29 Sep 2011
Greenest government ever drops display energy certificates from the energy bill costing the construction industry millions
The "greenest government ever" has seemingly dropped the requirement for commercial properties to show Display Energy Certificates (DECs) which will cost the construction industry millions in lost work for the upgrade of commercial buildings believes Jennifer Chappell, property lawyer at Bircham Dyson Bell LLP.
"It's one of the biggest U turns I've seen in a while, and one that really will cost the industry dear," explains Jennifer Chappell.
Author: Jennifer Chappell
29 Sep 2011
Housing associations to bear the brunt of flawed housing market revival plans
Conflict between the promotion of sustainable development in the UK's planning system and the Localism Bill - the local community's right to be heard on planning matters - means that the ability to build affordable homes to cater to demand will prevent a housing revival believes Jonathan Fewster, senior associate, Bircham Dyson Bell LLP.
"The Government's concern is understandable at a time when the gulf in annual average earnings and average house prices is as wide as ever" explains Jonathan Fewster.
Author: Jonathan Fewster
28 Sep 2011
Survival of the less than fittest
Bruce Jones considers some of the risks for directors of distressed companies which are surviving against the odds. (This article was originally written for the July/August 2011 edition of M&A magazine).
On 26 January 2010, The Telegraph reported Bank of England Governor, Mervyn King, as saying that the UK economy had shrunk by five percent in 2009, the largest fall in output since 1931.28 Sep 2011
The Bribery Act 2010
The Bribery Act 2010 (the Act) came into force on 1 July this year. Whilst the Act largely consolidates the UK's existing bribery regime, it also extends that regime in a number of ways - most notably with the addition of the new corporate offence of failing to prevent bribery. This strict liability offence has caused much controversy and, arguably, led to the delay in the Act's implementation.
Author: John Turnbull
28 Sep 2011
Government moves to reduce cost of raising equity capital
Whenever a company is looking to raise additional equity capital there are always two questions to consider: Firstly, is a Prospectus required? Secondly, if the answer to question 1 is ‘no', does the fund-raising document the company is proposing to issue to potential investors require approval by an authorised person as a Financial Promotion, or can an exemption or exemptions be found that will allow it to be sent to its intended recipients without such approval?
Author: John Turnbull
23 Sep 2011
‘NHS mortgage’ is a smoke screen for other failings says leading lawyer
The reputed inability of NHS Trusts to make repayments on PFI contracts resulting in putting them under enormous financial pressure is just a smoke screen for other failings in the system, says Nick Maltby, partner at Bircham Dyson Bell LLP.
"It's all very well blaming PFIs, but you could blame the Government's obsession with creating Foundation Trusts and the way they are funded just as much - Foundation Trust status and PFI has never really fitted," explains Nick Maltby.
Author: Nick Maltby
22 Sep 2011
UK response to European Commission Green Paper on the Modernisation of the EU’s Procurement Rules
The last few months have marked another step on the path to refreshing the EU's procurement directives. On 24 June 2011 the European Commission published the results of its evaluation of the impact and effectiveness of EU public procurement legislation.
Author: Nick Maltby
21 Sep 2011
Unfair dismissal and territorial scope
Since October 1999, there has been no defined statutory territorial scope for the application of the right to claim unfair dismissal under the Employment Rights Act 1996 (section 94(1)). When determining whether an employee working abroad is entitled to claim unfair dismissal the courts have had to apply the House of Lords decision in Serco Ltd v Lawson. This case identified three categories of employees working abroad who might receive unfair dismissal protection:
Author: Brian Gegg
21 Sep 2011
Employees or self employed? Intention irrelevant
The Supreme Court in Autoclenz v Belcher upheld the Court of Appeal's decision that car valeters, described as self employed - and found to be self employed by the Inland Revenue - were, on the facts, actually employees of Autoclenz.
Author: Jesper Christensen
20 Sep 2011
Central London continues to be a property bubble that can’t be burst
Elaine Dobson, partner at Bircham Dyson Bell LLP believes that even with the economic doom and gloom in the UK property market, central London and in particular prime central London is a property bubble that can't be burst.
"The Central London property bubble seems to be intact with much of the investment coming from abroad, but there also seems to be a lot of cash that's still around to spend," explains Elaine Dobson.
Author: Elaine Dobson
20 Sep 2011
‘Land banking’ by developers is just good prudent business sense – and a storm in a tea cup say lawyers
Property lawyer John Stephenson and planning lawyer Mark Challis believe that the reported ‘land banking' by residential property developers is good, prudent business sense and not the prelude to vast swathes of green belt being developed as planning laws are supposedly relaxed.
Author: Mark Challis
16 Sep 2011
Nick Clegg’s ‘forty projects’ are a smoke screen for no new infrastructure projects says lawyer
Nick Maltby, partner at Bircham Dyson Bell LLP believes that Nick Clegg's announcement this week that forty projects expected to promote economic growth will be given priority is another smoke screen for no new investment or infrastructure projects.
"I've searched high and low for details of the exact forty projects Nick Clegg has eluded to, and beyond hi-speed broadband, improvements to the national grid and the Crossrail project - it's hard to pin them down," said Nick Maltby.
Author: Nick Maltby
16 Sep 2011
Is the IPC freezing out utility developments?
The following article was originally published on the UTILITYWEEK online website on 14th September 2011. The author is John Qualtrough, Bircham Dyson Bell.
The inflexibility of the IPC regime puts at risk much-needed utility projects. John Qualtrough calls for urgent amendments to be made to the Planning Act.
Author: John Qualtrough
14 Sep 2011
Decisions about major power projects in Wales will effectively be made in Wales says planning lawyer
Decisions about major power projects in Wales will effectively be made in Wales just as much as they are in Whitehall thanks to existing planning laws says leading planning lawyer Nick Evans of Bircham Dyson Bell LLP.
"Much has been made of the proposal that the UK Energy Secretary and not the Welsh Government should be responsible for decision making on major power projects in Wales, but the amount of control that the planning system already gives to local planning authorities has been overlooked," explains Nick Evans.
Author: Nick Evans
14 Sep 2011
Residential landlords sell up to avoid relinquishing three years capital gains tax allowance
Property lawyer Jason Richardson believes that the increase in residential landlords selling their homes even though rental income is increasing is due in part to the threat of losing Capital Gains Tax (CGT) allowance on their ‘principal private residence'.
Author: Jason Richardson
09 Sep 2011
Tax relief to encourage gifts of art will not encourage donors, say experts
The following article was originally published on the ThirdSector online website on 9th September 2011. The author is David Ainsworth, Third Sector Online.
Simon Weil of Bircham Dyson Bell tells meeting of the European Association for Philanthropy and Giving that the relief is 'better than nothing, but not much'
05 Sep 2011
Proposed inheritance tax changes might not boost bequests, say experts
The following article was originally published on the ThirdSector online website on 1st September 2011. The author is David Ainsworth, Third Sector Online.
Some lawyers and financial advisers warn that proposed amendments might be too complex and narrow to make a difference.
Changes to inheritance tax designed to encourage charitable legacies might be too complex and affect too few people to have a positive effect on charitable giving, lawyers and financial advisers have warned.
02 Sep 2011
Landlords forced to keep failing tenants to avoid empty property rates says property lawyer
Landlords are being left with the unenviable decision of whether to remove failing tenants from their premises or simply allow them to stay due to the hike in empty property rates imposed by the Government in April, believes Ellen James, associate at Bircham Dyson Bell LLP.
"It's a dreadful trade off to have to make and it ultimately puts a failing tenant in the driving seat," explains Ellen James.
Author: Ellen James
30 Aug 2011
Mansion tax was only ever suggested to test the water says leading property lawyer
Senior Partner and leading property lawyer John Stephenson of Bircham Dyson Bell LLP believes that the ‘mansion tax' which was originally in the Lib Dem election manifesto but not adopted in the coalition agreement, was only floated by the Government to test the water and gauge reaction, and was never a serious Government strategy.
"It's such an impractical way of taxing people that I just don't believe it was ever really a serious consideration for the Government," explains John Stephenson.
Author: John Stephenson
19 Aug 2011
Greater London authority review of leasehold service charges; a waste of tax payers’ money?
Elaine Dobson, partner at Bircham Dyson Bell LLP believes that the Greater London Authority's review of residential leasehold service charges could be seen to be a waste of tax payers' money as legislation is in place to protect tenants and landlords.
"The current legislation relating to service charges is heavily slanted towards the protection of tenants and law exists to do what is being suggested within the consultation reference points and or is determined by the terms of most leases - why spend money to determine what is already legislation?" asks Elaine Dobson.
Author: Elaine Dobson
18 Aug 2011
Consultations for carbon reduction commitment makes a mockery of being ‘environmentally friendly’ says lawyer
Ellen James, a real estate lawyer at Bircham Dyson Bell believes that the latest recommendations to simplify the CRC have simply added to the growing number of consultations and red tape the Government has already gone through, and has yet to result in final form legislation, making a mockery of its ‘environmentally friendly' credentials.
Author: Ellen James
18 Aug 2011
Commercial property companies must think beyond traditional bank funding and take care avoiding the pitfalls says lawyer
UK commercial property investors must think beyond the traditional bank funding in order to receive finance for investing in the UK market says Andrew Smith, partner, Bircham Dyson Bell LLP but in doing so they need to take care that they avoid the pitfalls.
"The banks will tell you that the vast majority of applications for loans by small to medium sized businesses are being approved, but where property lending is concerned it is still incredibly difficult to get finance for commercial property investment and development," explains Andrew Smith.
Author: Andrew Smith
16 Aug 2011
Surprise spotlight on rights to light is welcome news to developers says lawyer
The Law Commission's announcement that it will review the law surrounding rights to light and how they interrelate with the planning system will come as welcome news to developers says Jennifer Chappell, Associate, Bircham Dyson Bell LLP.
Author: Jennifer Chappell
15 Aug 2011
Lawyer welcomes new enterprise zones but warns they must avoid the mistakes of the 1980’s
The Government has named four more of its proposed 21 Enteprise Zones in Birmingham, Bristol, Leeds and Sheffield this week but with a warning from Nick Maltby, partner at Bircham Dyson Bell LLP not to make the mistakes of the 1980's.
"The Enterprize Zones will benefit from simplified planning rules, super-fast broadband and tax breaks for businesses, but I'm not wholly convinced that if we create them, they won't impact adversely on neighbouring areas," said Nick Maltby.
Author: Nick Maltby
09 Aug 2011
Prohibition on voluntary authorised guarantee agreements by guarantors may not be in anyone’s interest says lawyer
The ruling in the case of K/S Victoria v House of Fraser preventing tenants' guarantors from giving authorised guarantee agreements (commonly known as ‘AGAs') directly to landlords - even on a voluntary basis - is not necessarily the blessing for tenants as it might first appear to be believes Sarah Godfrey, associate at Bircham Dyson Bell LLP.
Author: Sarah Godfrey
08 Aug 2011
Lawyer warns hauliers, bus operators and local authorities that low emission zones are likely to become reality in UK cities
Tom Henderson, Senior Associate at Bircham Dyson Bell LLP is warning UK hauliers, bus operators and local authorities to plan for the fact that low emission zones in UK towns and cities are likely to become a reality as the Government aims to reach its 2015 air quality targets.
Author: Tom Henderson
04 Aug 2011
Freedom of information for housing associations is little more than a deflection of political pressure says lawyer
"Housing Minister Grant Shapps' plans to consult on a new way for tenants and members of the public to scrutinise how housing associations are run is little more than a deflection of political pressure and administrative tasks," says David Darvill, partner, Bircham Dyson Bell LLP.
Author: David Darvill
02 Aug 2011
Solicitors and tenants beware of vacant possession requirements says lawyer
The case of NYK Logistics UK Ltd v Ibrend Estates BV has highlighted the need for both solicitors and tenants to beware of the legal requirements surrounding ‘vacant possession' says Neil Pota, associate, Bircham Dyson Bell LLP.
"During recessionary times, landlords will be extra vigilant to maintain their income streams and so tenants wishing to exercise a break clause, yield up at the end of the term or surrender a lease must be careful to do so in the correct and lawful manner," explains Neil Pota.
Author: Neil Pota
01 Aug 2011
Future of uk bus regulation remains unclear says lawyer
Aaron Nelson, lawyer at Bircham Dyson Bell LLP, believes that the UK is moving away from a uniform approach to bus regulation with local factors proving decisive in determining how buses are regulated in a particular area.
"We're seeing the emergence of a patchwork of different systems depending upon local factors, such as demand and the local personalities involved, rather than the widespread adoption of statutory schemes" explains Aaron Nelson.
Author: Aaron Nelson
27 Jul 2011
Government’s Big Society bill raises as many issues as it answers, and should be ‘piloted’ says lawyer
The Government's long-awaited public service reform white paper will raise as many questions as it will answer says Nick Maltby, partner, Bircham Dyson Bell LLP.
"It's hugely aspirational and potentially game changing, but nothing has been drilled down to costs; will they be more or less? It just doesn't appear to be ‘real world' enough to make any sense at the moment, and there are very few concrete examples of how the ideas might actually work," explains Nick Maltby.
Author: Nick Maltby
25 Jul 2011
Government may be adjusting localism bill too far to encourage economic growth says lawyer
Angus Walker, planning partner at Bircham Dyson Bell LLP believes that the Government's shift in its plans for localism towards economic growth and businesses may have swung the pendulum from favouring local residents too much towards favouring local businesses too much.
"It's clear that localism in the way the Government originally defined it may have been detrimental to businesses especially in terms of neighbourhood planning," explains Angus Walker.
Author: Angus Walker
20 Jul 2011
Challenge against infrastructure planning commission by Innovia tackles issue of ‘dwellings’
A request for a judicial review of a decision relating to the proposed new nuclear power station at Hinkley Point in Somerset by cellophane company Innovia is a practically pointless exercise, but will be a useful test case for the definition of ‘dwellings' says infrastructure planning lawyer Angus Walker of Bircham Dyson Bell. Innovia are challenging the decision of the Infrastructure Planning Commission to grant access to its (Innovia's) land by EDF Energy to survey it, in advance of EDF Energy submitting the main application for the power station."
Author: Angus Walker
20 Jul 2011
Treasury announcement to save £1.5 billion across PFI contracts fails to convince says lawyer
The announcement by the Treasury this week to find £1.5 billion savings across the 495 operational Private Finance Initiative (PFI) projects in England and recycle them into frontline services "...fails to convince" says Nick Maltby, partner, Bircham Dyson Bell LLP.
The announcement is part of an ongoing programme of reform to improve the cost effectiveness and transparency of PFI contracts which began back in February. The savings findings arise from a deep dive into the Hospital PFI contract at Romford. The report was originally due in the Spring.
Author: Nick Maltby
18 Jul 2011
Lawyer believes charities will play a key role in helping define the law surrounding squatters
Elaine Dobson, residential property partner at Bircham Dyson Bell LLP welcomes the wide reaching Government consultation which aims to make squatting a criminal offence and believes that those charities involved with the most vunerable in society such as the homeless, mentally ill, financially disabled and or disenfranchised must take an active role in the consultation.
Author: Elaine Dobson
12 Jul 2011
The government reliance on market mechanisms to meet carbon emission reduction targets is too narrow an approach for these critical times, says lawyer
"In the recently published Energy National Policy Statements, the Government has not taken on board the recommendations of the Climate Change Committee to have explicit decarbonisation goals in the Energy NPSs. Instead, it is relying on the EU Emissions Trading Scheme and other market mechanisms to get the UK to where its needs to be in terms of carbon emissions. This is too narrow an approach for these critical times" says Mothiur Rahman, lawyer, Bircham Dyson Bell LLP.
Author: Mothiur Rahman
12 Jul 2011
High street landlords must provide flexibility to save the UK high street says lawyer
High street landlords who are losing out on rents due to increased retailer insolvencies, are being urged by Jonathan Fewster, senior associate at Bircham Dyson Bell LLP to work with tenants to provide flexibility within leases in order to save the British high street.
"Retailers are at the sharp end of the recession; they are feeling it first and seeing most of the fall out with even the larger high street players like Habitat and Jane Norman falling into the hands of the receivers," explains Jonathan Fewster.
Author: Jonathan Fewster
12 Jul 2011
Lawyer urges caution to landlords in wake of equality act
Jonathan Fewster, senior associate at Bircham Dyson Bell LLP believes that the Equality Act should be taken with a dose of common sense by landlords when considering its implications in relation to disabled and ethnic minority tenants.
"Housing associations are currently operating in tight times in terms of funding, so this is not good timing; spending to make modifications to properties for disable access for example will be an unwelcome addition to landlord costs," explains Jonathan Fewster.
Author: Jonathan Fewster
07 Jul 2011
EU procurement rules not to blame for lack of Thameslink contract says lawyer
The announcement last week that Siemens, a German company, has won preferred bidder status to build 1,200 new trains for Thameslink placed blame at the door of procurement rules set out by the previous government - but Nick Maltby, commercial partner, believes that's not the case.
"It's perfectly simple; the price difference between Siemens and Bombardier's proposals was probably significant and Siemens were it is understood found to have a more appropriate product offering," explains Nick Maltby.
Author: Nick Maltby
05 Jul 2011
Our National Infrastructure planning process is sclerotic
The following article was originally published in Transport Times in June 2011. The author is Robbie Owen, Major Projects Partner at Bircham Dyson Bell.
The Localism Bill will restore decision-making powers over infrastructure projects to ministers - but it fails to reform the overly complex system created by the last government, says Robbie Owen
Few disagree that the UK is on the verge of an infrastructure crisis. Despite recent whole-sale changes, there is still huge uncertainty.
28 Jun 2011
Reform of the eurovignette: will the coalition’s plans to charge hauliers follow suit?
As the EU agrees to extend the scope of the Eurovignette Directive, Sarah Simpson, Senior Associate at Bircham Dyson Bell LLP, considers that the UK Government, currently developing its own proposals for lorry road user charging, might be tempted to follow suit.
Author: Sarah Simpson
28 Jun 2011
Defra’s waste policy review retains commitment to local planning for energy from waste infrastructure
Last week's Review of Waste Policy betrays the tension between the Government's localism agenda and the need for new waste infrastructure says solicitor Duncan O'Connor.
"There have been calls from the waste sector to lower the 50MW threshold at which planning applications for energy from waste (EfW) projects must be determined at national level by the Infrastructure Planning Commission (IPC). Although it is new and largely untested, this system is seen to offer more certainty around decision-making than the local planning system", explains Duncan O'Connor.
28 Jun 2011
Selling public land may not create more homes; lawyer urges caution
The Government's plan to map out public sector owned land in a bid to sell off some of its assets may not achieve the goal of ultimately increasing the amount of new homes built warns Jenny Chappell, lawyer, Bircham Dyson Bell LLP.
"It's a laudible goal - to map out that land which is unused by the public sector around the UK with a view to selling it off and building new homes on it, but in reality, one has to wonder if new homes will actually be built in practice," explains Jenny Chappell.
Author: Jennifer Chappell
23 Jun 2011
Recession is keeping home owners afloat says lawyer
Jason Richardson, Real Estate lawyer at Bircham Dyson Bell believes that the recession is keeping home owners afloat with news last week from Savills that the banks have £250 million in ‘non-prime' debt.
The definition of ‘non-prime' is any property affected adversley by the recession in terms of value - essentially the ‘ordinary' homes of the vast majority, as opposed to large multi-million pound homes in city centre London which hold their value.
23 Jun 2011
Property market allows landlords to reshape portfolio for social change says lawyer
There have been few upsides to a depressed property market, but John Stephenson, senior partner at Bircham Dyson Bell LLP believes that the market has given landlords the ability to reshape their property portfolios to fit the social changes in the UK.
"There's a trend amongst landlords in the current property climate, to look at their portfolios and dispose of those that are less easy to rent out,or where the return is lower" explains John Stephenson.
Author: John Stephenson
17 Jun 2011
Governance and auditing; localism’s ticking time bomb says lawyer
Whilst there is a new era of devolved public services evolving as part of the coalition's Localism Bill, parter Nick Maltby believes that accountability, governance and auditing could be the undoing of the Government's vision to devolve services to local bodies.
"It's all well and good empowering social enterprises, mutuals, community groups and private companies with the task of providing public services, but the ticking time bomb is how and who accounts for where the public money has gone?" explains Nick Maltby.
Author: Nick Maltby
16 Jun 2011
NHS reform; this is no way to make law says lawyer
The latest proposal to fundamentally change the NHS Reform Bill now it has almost passed through the Commons is no way to make law believes Nick Maltby, partner, Bircham Dyson Bell LLP.
"I honestly can't remember a time where there has been a fundamental redraft of a Bill at this stage. I do not take great comfort from the thinking that the Bill once amended will re-commence its Committee stage. We had a Bill that was six years in the making and now we are to have one that arises out of two months consultation," explains Nick Maltby.
Author: Nick Maltby
16 Jun 2011
Community right to bid should focus on change of use says lawyer
The Government's Localism Bill which commentators suggest might make any fields, paddocks or buildings regularly used by the public ‘community assets' may have the wrong focus argues Angus Walker, planning partner, Bircham Dyson Bell LLP.
Author: Angus Walker
15 Jun 2011
Proposed amendments to the green deal energy efficiency scheme don’t go far enough says lawyer
The legislative changes to the Green Deal proposed by the Minister for Climate Change don't go far enough believes solicitor Mothiur Rahman.
Explaining the Green Deal, Mothiur says "Existing domestic homes could be so much more energy efficient than they are now, but the high upfront capital cost for installing energy efficient measures can act as a disincentive for the average consumer, even though that cost will be recouped over a number of years."
Author: Mothiur Rahman
13 Jun 2011
New Education Funding Agency suggests localism has no place in education says lawyer
Nick Maltby, partner at Bircham Dyson Bell LLP believes that the creation of the Education Funding Agency (EFA) and the closure of Partnerships for Schools (PfS) shows that Michael Gove believes that localism has no place in his department.
Author: Nick Maltby
10 Jun 2011
Window of opportunity for home builder planning applications extends after CALA homes ruling
Angus Walker, partner and planning lawyer at Bircham Dyson Bell LLP believes that although Cala Homes lost its case earlier this month in the Court of Appeal, the ruling was actually a thinly veiled victory for the home builder and will see planning applications reinstated until the Localism Bill takes effect next year.
"The window of opportunity for home builders to get their planning applications approved has just reopened," explains Angus Walker.
Author: Angus Walker
07 Jun 2011
Green investment bank requires strict timelines to succeed says laywer
The announcement that the Green Investment Bank (GIB) will go ahead, operate independently and be permanent, will provide confidence for those relying on its success, but timelines need to be better set out for it to succeed believes Nick Evans, partner at Bircham Dyson Bell.
"The Government has set out very flexible timelines which will see the bank being established by 2013 - and I'm concerned that the date may slip back," explains Nick Evans.
Author: Nicholas Evans
24 May 2011
Proposed blanket policy to allow offices to be converted to residential not the perfect solution says lawyer
The Government's proposed blanket policy to allow office space to be converted into residential use to speed up the process of conversion will not be the panacea to solve the housing shortage problem says Andrew Smith, Real Estate partner.
"It's difficult for local authorities to meet their housing targets with few new builds being started, and funding for developers being ever harder to secure," explains Andrew.
Author: Andrew Smith
12 May 2011
The need for TIF Legislation
Introduction
TIF has been the great hope of the regeneration industry for almost as long as people can remember. Under Labour, expressions of interest were invited, only for progress to stall after 84 local authorities had submitted 124 bids. Birmingham, Leeds, London (for the Northern Line Extension) and Sheffield submitted the largest pilot proposals. The total funding sought ran to £2.33bn, with the highest bid being for £400m and the lowest for £750000.
Author: Nick Maltby
03 May 2011
Planning lawyer believes that solar feed-in tariff cuts endanger ‘greenest government ever' claim
Angus Walker, planning partner at Bircham Dyson Bell LLP believes that the government's plans to limit solar energy subsidies relating to the feed-in tariffs threaten David Cameron's claim that his will be the ‘greenest government ever'.
Late April saw a group of solar developers taking the government to court to block the move to reduce the subsidies faster than originally predicted, alleging that the government has gone back on its promises.
Author: Angus Walker
18 Apr 2011
Private equity investment funding will grow as banks look to reduce commercial property debt says lawyer
"The growth in private equity investment funding in the UK will accelerate as the banks look to reduce their commercial property debt" says Mike Parker, partner at Bircham Dyson Bell LLP.
Author: Michael Parker
15 Apr 2011
You only get what you pay for; the price for marine planning will pay off says lawyer
The new marine licensing regime which will create a ‘one-stop-shop' for marine planning permission will come at a price, but ultimately will pay dividends in the long run as the whole process comes under a better run, more efficient system that is accountable to those using it.
"Although possibly more expensive for applicants, the new system will bring marine planning much more in line with the planning regime we would expect to go through on dry land," explains Francis Tyrrell, Senior Associate.
Author: Francis Tyrrell
15 Apr 2011
Cook review of the highways agency needs to go the extra mile says infrastructure lawyer
Ian McCulloch, partner at Bircham Dyson Bell LLP, doubts whether the review of the Highways Agency by its non-executive chairman, Alan Cook, to be completed by October 2011, will go far enough to address the key issue of how best to improve and maintain the UK's motorways and trunk roads.
"Although the review may be quite searching, including examining the Agency's relationship with government and a possible different business model, it should consider the option of hiving off the Agency from central government altogether," explains Ian McCulloch.
Author: Ian McCulloch
11 Apr 2011
Lawyer calls for infrastructure leadership and centres of excellence, not more processes
Nick Maltby, senior commercial lawyer at Bircham Dyson Bell LLP believes that the Government's latest ideas on how to cut the construction cost of infrastructure projects by up to £3bn focuses too heavily on process rather on the skills for the job at hand.
"I think the plan falls short of addressing some of the key problems that public sector faces in terms of skills," explains Nick Maltby.
Author: Nick Maltby
11 Apr 2011
Neighbourhood planning vanguards scheme risks a postcode lottery, says planning lawyer.
The announcement that the government is paying only £20,000 to 50 local authorities to help them instigate neighbourhood planning in their locality, the so-called Neighbourhood Planning Vanguards scheme, falls a long way short of what was originally promised by the Government and will only scratch the surface of the job at hand warns Angus Walker, partner and planning lawyer at Bircham Dyson Bell LLP and author of the Planning Act blog.
Author: Angus Walker
06 Apr 2011
Heaney rights of light appeal settlement is another nail in the property coffin says lawyer
Professional Support Lawyer Jennifer Chappell of law firm Bircham Dyson Bell LLP believes the out of court settlement in the Heaney right of light appeal is yet another nail in the coffin for property developers in what remains a challenging economic climate.
"Previously, developers would have relied on the fact they would be ordered to pay damages if the building had already been constructed; it was more difficult to obtain an injunction once the building was completed," explains Jennifer Chappell.
Author: Jennifer Chappell
06 Apr 2011
Mansion tax will never happen says leading property lawyer
Senior Partner and leading property lawyer John Stephenson of Bircham Dyson Bell LLP believes that the so called ‘mansion tax' will never come to fruition and as it stands at present, is a half baked idea.
"The overriding question is; will it be a tax on the property or on the owner of the property?" explains John Stephenson.
"If it taxes the property, then it's just another version of the council tax and will be fraught with problems of how to value the property, how often to value it and by whom - the local authority?
Author: John Stephenson
24 Mar 2011
New marine planning regime starts to flow
On Friday 18 March, the UK Government published its marine policy statement (MPS) under the Marine and Coastal Access Act 2009 (MCAA), not to be confused with the National Policy Statement (NPS) on Ports issued in draft some time ago (and expected to be finalised in September/October this year).
Author: Francis Tyrrell
24 Mar 2011
Abolition of squatters rights depends upon definition of ‘squatter’ says property lawyer
Elaine Dobson, property partner at Bircham Dyson Bell LLP welcomes the Governments plans to make squatting a criminal offence. Under English law squatting is only unlawful and that is a civil law offence but it is not illegal.
The Government's actions, if passed into law, will bring England and Wales into line with Scotland where squatting has been a criminal offence since the 1800s. Further an owner will not have to endure lengthy, costly legal battles by home owners to evict them from their homes and also a repair bill which can run into the tens of thousands of pounds.
Author: Elaine Dobson
21 Mar 2011
NHS institutional reform won't address productivity decline says lawyer
Senior commercial lawyer Nick Maltby of Bircham Dyson Bell believes that reform of the NHS won't reverse the reported productivity decline and that it should instead concentrate on incremental changes; getting better service from its people.
A report by the Commons committee of public accounts found that investment in the NHS had decreased the service's 'value for money' and the effect of each pound invested had decreased year-on-year as productivity declined under the Labour government.
Author: Nick Maltby
21 Mar 2011
The ‘greenest government' needs to get a move on says lawyer
Nick Evans, a partner in the Government & Infrastructure department at Bircham Dyson Bell LLP believes that the self proclaimed ‘greenest government ever' needs to get a move on in setting up a green investment bank to raise money from the private sector for new green power sources.
"It's clear that we need to take legislative steps to set up a bank and make sure that it's properly ‘insulated' from the politicians in order that it can make its own decisions and act independently," explains Nick Evans.
Author: Nick Evans
17 Mar 2011
Planning lawyer believes that successful abolition of regional planning offices hinges upon stronger duty to cooperate
Planning lawyer Angus Walker is warning that government plans for a new centralised unit to take over the planning casework previously dealt with by eight regional government planning offices will only succeed if there is a stronger ‘duty to cooperate' between councils.
Author: Angus Walker
17 Mar 2011
Lawyer warns of legal pitfalls of Local Enterprise Partnerships
Senior commercial lawyer Nick Maltby at Bircham Dyson Bell LLP is warning of the potential pitfalls of Local Enterprise Partnerships (LEPs) in the wake of the Deputy Prime Minister's announcement that funding allocated to successful bids may increase.
"LEPs will absolutely foster the correct mindset in terms of local organisations working together with local government to do what's best in their own regions - but from a legal standpoint LEPs will be non-public entities with responsibility for public money - and that raises concern," explains Nick.
Author: Nick Maltby
11 Mar 2011
Amends to Health and Social care bill must go further if marketisation of the NHS is to be halted says lawyer
Creation of a genuine market place opens it up to competition law
Senior commercial lawyer Nick Maltby at Bircham Dyson Bell LLP believes that this week's climb down by Health Secretary Andrew Lansley in amending the Health and Social Care Bill to stop healthcare providers competing on the lowest price, simply doesn't go far enough to stop the marketisation of the NHS.
Author: Nick Maltby
07 Mar 2011
Property lawyer predicts chaos for April’s stamp duty rise
Buyers rent back homes to sellers to complete earlier but may be in breach of mortgage terms.
John Stephenson, senior partner and head of residential property team at city firm Bircham Dyson Bell LLP, is predicting that April's stamp duty land tax (SDLT) increase to 5% on properties over £1 million will create chaos for buyers, sellers, solicitors and lenders alike.
Author: John Stephenson
04 Mar 2011
Commercial lawyer asks does local government really need shared services by speed dating now?
Senior commercial lawyer Nick Maltby, Head of Major Projects (Commercial) at Bircham Dyson Bell believes that sharing services across councils, although undoubtedly useful in some instances, flies in the face of ‘localism' and that cuts driven ‘speed dating' is no solid basis to establish such partnerships. And taken alone shared services won't prevent deep cuts.
Author: Nick Maltby
24 Feb 2011
Scotland is stealing a lead on England in the regeneration game
Senior commercial lawyer Nick Maltby, Head of Major Projects (Commercial) at Bircham Dyson Bell believes that Scotland is stealing a march on England in regeneration projects thanks to the Scottish Government's willingness to consider Tax Increment Financing (TIF) projects.
The TIF system allows local authorities to borrow against predicted growth in their locally raised business rates in order to fund regeneration in their locality - and it's a system that has been deployed successfully in America for more than fifty years.
Author: Nick Maltby
17 Feb 2011
Senior commercial lawyer believes criticism of private finance contracts for the NHS is misplaced
Senior commercial lawyer Nick Maltby, Head of Major Projects (Commercial) at Bircham Dyson Bell believes that criticism of the Private Finance Contracts (PFI's) signed up to under the last government to fund the building of public sector buildings such as hospitals, is misplaced.
17 Feb 2011
Senior commercial lawyer calls for Brussels to clarify procurement rules for public sector organisations
Senior commercial lawyer Nick Maltby, Head of Major Projects (Commercial) at Bircham Dyson Bell is calling for the European Commission in Brussels, as part of its ongoing review of the procurement rules, to clarify rules for public sector organisations after the UK Supreme Court ruled last week that the rules do not apply to local authorities collaborating to buy and provide insurance together in a mutual.
14 Feb 2011
Abolition of regional strategies is not an automatic death knell for home builders says planning lawyer
Angus Walker, partner and planning lawyer at law firm Bircham Dyson Bell LLP believes that the abolition of regional strategies as part of the government's proposed Localism Bill would not be an automatic sounding of the death knell for house builders.
The assertion comes as a High Court judge ruled in favour of the government's actions in its case with Cala Homes last week. Cala Homes intends to appeal against the decision.
Author: Angus Walker
11 Feb 2011
The Coalition's Philanthropy Initiative - More Tax Incentives Needed to Promote Philanthropic Giving
The following article was originally published in Accountancy Age magazine on 10th February 2011. The author is Simon Weil, Private Wealth Partner at Bircham Dyson Bell.
Author: Simon Weil
10 Feb 2011
Ignorance isn’t bliss: Recent trends in disclosure: no change?
The following article was originally published in The New Law Journal on 14th January 2011. The author is Richard Langley, Head of Litigation & Dispute Resolution at Bircham Dyson Bell.
In a recent lecture to the London Solicitors Litigation Association, Charles Hollander QC suggested that Lord Woolf's attempt to reduce the amount of disclosure had been generally ignored.
Author: Richard Langley
09 Feb 2011
Hardship is no defence for landlords
John Stephenson, senior partner and head of residential property team at law firm Bircham Dyson Bell LLP is warning landlords that failure to comply to the letter with the The Landlord and Tenant Act 1985 could leave them ‘hard up' when it comes to the upkeep and repair of buildings leased to tenants.
Author: John Stephenson
07 Feb 2011
Health And Social Care Bill
On 19 January 2011, the Government introduced the Health and Social Care Bill to the House of Commons. The Bill received its second reading on 31 January. The Bill is intended to give effect to the policies requiring primary legislation that were set out in the July 2010 White Paper "Equity and Excellence: Liberating the NHS".
Author: Nick Maltby
14 Jan 2011
Competitive Dialogue Procedure – is it working for or against the construction industry?
At the end of last year, HM Treasury published its review of the Competitive Dialogue procedure, or CD - this procedure was introduced in the EU public sector procurement directive for use in the award of complex contracts such as those covered by the Private Finance Initiative. Nick Maltby, of top 100 law firm Bircham Dyson Bell, looks at the outcome of the review.
Competitive Dialogue has now been with us since the beginning of 2006 and more than 1200 procurements have been undertaken using the procedure. But does it do the job for which it was intended?
Author: Nick Maltby
12 Jan 2011
Bribery Act could bring down a business or deal for the price of a pint
The forthcoming Bribery Act 2010, due on the statute books in April 2011, could bring down a property business or deal for the price of a pint.
Michael Parker, Head of Real Estate at law firm Bircham Dyson Bell, says that the range of potential "offences" under the Act is so vast and subjective that it could even generate acts of entrapment between competitors.
Author: Michael Parker
06 Jan 2011
RSPCA v Sharp – Court of Appeal judgment – Charity’s right to protect interests under Will
The Court of Appeal (Ld Neuberger MR, Patten LJ, Black LJ) has decided in favour of the charity in the RSPCA's appeal in the case of RSPCA v Sharp [2010] EWCA Civ 1474.
The case had caused some concern within the charity sector because of comments made in the first instance judgment which suggested that the charity had been wrong in principle to challenge the interpretation of the Will, and should, in effect, have accepted what it received "whatever the view as to the will" ([2010] EWHC 268 (Ch) at para 26).
Author: Nicola Evans
17 Dec 2010
The RSPCA Appeal - Gill v Woodall – Lessons from the Court of Appeal’s judgment
The Court of Appeal (Ld Neuberger MR, Lloyd LJ, Jackson LJ) has published its reasons for rejecting the RSPCA's appeal in the case of Gill v Woodall [2010] EWCA Civ 1430.
The case could raise serious disquiet for testators concerned over whether their intentions will be respected by their family and the courts and for charities which could lose out to disappointed family members. Perhaps sensing this, the Court took steps to confine the case to its facts, but there are some lessons which may be drawn.
The decision
Author: Nicola Evans
16 Dec 2010
Signing a mortgage offer may waive your legal professional privilege
A decision in the high court last week in the matter of Mortgage Express vs Sawali means that anyone signing a mortgage form or offer may have signed away their rights to legal professional privilege - the privilege whereby a solicitor is able to withhold disclosure of certain documents relevant to a dispute - with regards to their mortgage transaction even if the mortgage offer was signed before the solicitor was instructed.
Author: Elaine Dobson
09 Dec 2010
Planning lawyer warns home builders have a gradually closing window of opportunity with local planning departments
Angus Walker, Partner and Planning Lawyer at Bircham Dyson Bell LLP is warning that there is a decreasing window of opportunity for home builders to get their planning applications granted by local councils under existing home building targets, due to the Government's proposal to abolish regional strategies.
08 Dec 2010
Charity Tax : How a UK Charity may avoid the perils of UBIT
A key advantage that not for profit organisations operating in the UK have over their US counterparts is their ability to conduct commercial or trading activity through a wholly-owned trading subsidiary without incurring corporation tax on the profits arising. In contrast, under US tax law, an otherwise tax exempt organisation will generally be subject to tax on its income from an unrelated trade or business.
Author: Jonathan Brinsden
06 Dec 2010
Consultation on time limits in procurement actions
The Cabinet Office has launched a consultation on the appropriate time limits for commencing proceedings in procurement cases. This follows the decision of the European Court of Justice in Uniplex (UK) Limited v NHS Business Services Authority in January 2010.06 Dec 2010
UK Charities working abroad – establishing a presence in foreign jurisdictions
Non-EU charitable ventures looking to further aspects of their work and fundraising within the EU will often seek to establish themselves in the UK due to the protection and financial benefits afforded by the robust structure of the UK's charity legislation. Such benefits are all very well when working within these shores, but for many organisations, the bulk of their charitable operations are undertaken overseas, particularly in the developing world, and funds raised in the UK are diverted abroad accordingly.
Author: Jonathan Brinsden
03 Dec 2010
The Consequences of Lying
The Court of Appeal decision in July in the case of Imerman (Tchenguiz v Imerman, Imerman v Imerman [2010] EWCA Civ 908) has been described as a ‘cheat's charter'. In that case, Mrs Imerman's brothers had downloaded hundreds of thousands of documents from Mr Imerman's computer which they then handed to their sister's divorce lawyers. Mrs Imerman was castigated for such behaviour on the basis that it was considered that Mr Imerman's confidentiality had been breached. Such ‘self-help' was not to be condoned even when it may be the only way to get to the truth.
Author: John Darnton
02 Dec 2010
UK Charities: Prospects for lifetime legacies
Lifetime legacies, taking the form of the charitable remainder trust (‘CRT') and its mirror image, the charitable lead trust (‘CLT'), have long featured in the toolkit of philanthropic tax-planners in the USA. Essentially, the CRT provides an income stream to the donor but at the same time identifies a charity as the capital beneficiary (of the asset generating income stream for the donor during the donor's lifetime) upon the death of the donor.
Author: Jonathan Brinsden
01 Dec 2010
Judicial Review of Funding Decisions
The inevitable consequence of the recent spending review is that funding decisions made by public bodies will be subject to immense scrutiny over the coming months. Decision makers should therefore take care to ensure that such decisions are made in accordance with public law principles. If not, any affected party could seek to challenge that decision by way of judicial review in the courts on the basis that the decision was illegal, irrational, unreasonable and/or unfair.
Author: Richard Langley
30 Nov 2010
Extending UK tax concessions to foreign charities – breaking new ground
New provisions introduced in finance legislation in 2010 stand to have a dramatic effect on the UK system for assessing entitlement to charity tax reliefs and exemptions, removing traditional domestic boundaries and opening up new opportunities for international philanthropic giving and cross-border activities by charities established outside the UK.
The evolution of the new provisions - the EU dimension
Author: Jonathan Brinsden
26 Nov 2010
Lender’s valuer liable to buy-to-let investor
A recent High Court decision appears to have extended the duty of care which a valuer engaged by a lender owes to a buy-to-let investor. As a result any investor landlord who was given poor valuation advice when purchasing property may now be able to bring a claim against the valuer for the losses suffered.
Author: Simon Painter
26 Nov 2010
US/UK Dual Qualified Charities
US citizens (and other individuals subject to US income tax) who are resident in the UK, may be subject to tax in either the US or the UK when they make contributions to charity unless the charity is dual qualified. The problem arises because the US income tax charitable deduction is only available for gifts to charities organised under the laws of the US, whilst UK tax relief is only available for contributions made to charities established in England and Wales and governed by English law.
Author: Jonathan Brinsden
22 Nov 2010
Supercar or donkey?
The following article was originally published in Reside Magazine in November 2010. The author is Bernard D'Monte, a lawyer and car fanatic at Bircham Dyson Bell specialising in car claims.
"How often have you been on the motorway and noticed a tow truck with a TVR or a Lotus being piggybacked by the AA or the RAC? The fact is that supercars are highly strung and can be temperamental. That is the reality of ownership.
Author: Bernard D'Monte
12 Nov 2010
Vendor Beware: ‘The Deal Is Off’ advises senior residential property lawyer
John Stephenson, senior partner and head of residential property team at city firm Bircham Dyson Bell LLP, is warning house sellers to take a hard stance at the outset to stop the increasing trend to ‘gazunder' - when the buyer offers a last-minute price drop prior to exchange of contracts.
Author: John Stephenson
11 Nov 2010
NHS Charities: Regulatory Shake Up
The Health Secretary, Andrew Lansley, has made no secret that the voluntary sector will be at the heart of the Government's plans to reform the NHS, forming part of an overarching strategy to decentralise decision making. Underlying this is the need to achieve costs savings and we have already seen the beginnings of what this will mean with the July review of the Department's 18 "arm's length bodies" resulting in the conclusion that six should be abolished, including the Appointments Commission.
Author: Jonathan Brinsden
11 Nov 2010
NHS Charities: HMRC Attacks NHS Charity Expenditure
In these difficult times, many will have noted HMRC's increasingly aggressive approach to tax collection. With the benefit of significantly enhanced powers to help the regulator maximise the tax take, it is disheartening to note the HMRC's recent interest in NHS staff who may have in some way benefited from the support of NHS charities.
Author: Jonathan Brinsden
11 Nov 2010
NHS Charities: New Governance Model
In the last year, Barts and The London Charity have pioneered a new constitutional framework for their charity by replacing their Section 11 trustee body comprising individuals with a corporate trustee taking the form of a company limited by guarantee. Whilst corporate trustees are relatively commonplace among NHS charities, until now these had always been NHS bodies (PCTs, NHS Trusts, Foundation Trusts etc.). However, in this case, the corporate trustee (which is also a registered charity in its own right) is not a creature of NHS legislation but of company and charity law.
Author: Jonathan Brinsden
11 Nov 2010
NHS Charities: Application Of International Accounting Standard 27
NHS charities governed by corporate trustees which are themselves NHS bodies (e.g. NHS Trusts, Primary Care Trusts etc.) are set to be affected by the International Accounting Standards 27 (IAS 27). IAS 27 will require the consolidated financial statements for a group of entities under the control of a parent body. Corporate trustees have been deemed by the Department of Health to have such ‘control' over their underlying charities.
Author: Jonathan Brinsden
05 Nov 2010
Universities charging high fees face Charity Commission-style public benefit demands
The Coalition Government has unveiled its response to the Browne Review on Higher Education Funding and Student Finance, demonstrating a progressive focus on widening access for disadvantaged students. In this connection, those universities and colleges which wish to charge high fees (up to £9,000 per annum) will be obliged to fulfil the strict conditions to be imposed on them by the Office for Fair Access (OFFA).
Author: Jayne Adams
25 Oct 2010
Tax increment finance: a golden opportunity?
When the words ‘deficit' and ‘cuts' are among the most commonly used phrases by the government, and the shadow cast by the Comprehensive Spending Review (CSR) looms large, it seems a surprising time to hear about a new mechanism for borrowing. The plans for Tax Increment Financing (or ‘TIF') unveiled by Nick Clegg at the Liberal Democrat Party Conference and confirmed in the CSR by George Osborne, are, however, just that.
Author: Nick Maltby
25 Oct 2010
HMRC to crack down on tax avoidance
The UK government's spending review, in which heavy cuts to programmes received wide attention, has also given HM Revenue & Customs £900 million with which to address the tax gap and tackle tax evasion and avoidance. But will such efforts will bear sufficient fruit? James Johnston, Partner within the Private Wealth team of Bircham Dyson Bell has a view.
Author: James Johnston
15 Oct 2010
The relevance of pre-marital agreements to be decided soon?
When a couple divorce in England and the court has to decide on how the finances are to be dealt with the judge exercises a wide discretion having regard to a number of particular factors. These include such things as the parties' respective financial resources and needs, their ages and the length of the marriage. The relevant statute makes no direct reference to pre-marital agreements.
Author: John Darnton
15 Oct 2010
"I want an upgrade" - Can students challenge their degree class in court?
Richard Langley, head of Litigation and Dispute Resolution, commented recently in an article in Times Higher Education on a legal challenge by Andrew Croskery to the 2:2 degree awarded to him by Queen's University Belfast, claiming that if he had received adequate supervision he would have achieved a 2:1. In Richard's view Mr Croskery would have an "uphill struggle" to prove that the University had acted irrationally in not increasing his grade.
Author: Richard Langley
11 Oct 2010
Will the sale of Liverpool FC be kicked out of court?
Company&Commercial, partner of law firm Bircham Dyson Bell, examines one of the biggest news stories to hit the media in the last week - the controversy over the proposed sale of Liverpool Football Club against the wishes of the current owners.
Author: Paul Voller
06 Oct 2010
Making Operational Projects Work Harder
We live in straightened times. For the first time in more than a decade, there is huge pressure to make cuts from both capital and revenue budgets. We are told that we will need to do more for less and that there will be no ring fenced assets.
Author: Nick Maltby
20 Sep 2010
“Flawed” process to blame for MoD procurement problems
With the MoD under criticism in September for its handling of a £10b aircraft programme, Partner Nick Maltby gives an insight into the challenges they faced, and lessons that can be learned.
Handling of the project was condemned in a scathing report by a Commons committee but Nick said: "What seems to have been lost in this review is that the MoD has been at the cutting edge of PFI for a long time and they're usually trying to do things for which there is no precedent, carrying out projects which are completely novel.
Author: Nick Maltby
16 Sep 2010
OFT launches consultation on Public Transport Ticketing Schemes Block Exemption
Introduction
On 28 July 2010 the OFT announced a consultation on its recommendation to extend the Public Transport Ticketing Schemes Block Exemption for another 5 years from its current expiry date in February 2011 with the new expiry date being 29 February 2016. This will be the second time the Block Exemption has been extended with the previous extension happening in 2006. The consultation will run until 20 October 2010.The Block Exemption
Author: Nick Maltby
23 Aug 2010
Court closures: the case for London
Concern is growing in legal circles over proposed court closures, with criticisms that the government consultation has not been thought through. Richard Langley, below, makes the case for keeping the Mayor's and City of London Court open.
Author: Richard Langley
23 Aug 2010
Overseas investment boost to UK residential developments
The Coalition’s austerity plan has reduced public funds available for much-needed residential development, and for some of the major infrastructure projects which make those developments viable. On top of that, the banks just aren't lending – but all is not lost for new build, according to a legal property expert.
20 Jul 2010
Conditional contracts in the spotlight
After Prince Charles expressed his dislike of the proposed designs for the Chelsea Barracks site, the public was treated to a court case with everything – royals from two nations, a peer with a penchant for modern architecture, rags-to-riches property developers and a battle over millions of pounds.
Strip all of that away, and the court challenge came down to something relatively common in property deals – the conditional contract agreed when the state-backed Qatari Diar and the Candy Brothers shook hands on the deal.
Author: Elaine Dobson
06 Jul 2010
Buses - a major political controversy
What does the future hold for Quality Contracts? BDB’s Francis Tyrrell and Stuart Thomson examine the background
Well, maybe it is unlikely that the Coalition Government will spend much time grappling with the thorny issue of bus regulation in its first months in office, but there is a potential storm brewing.
02 Jul 2010
Fast tracking consent for high speed rail
A certain amount of political consensus has emerged on the broad principle of HS2, if not necessarily on the route. The current Government intends to secure the powers required for new lines linking London, Birmingham, Manchester and Leeds by means of a single Hybrid Bill. Could this approach to authorisation hold back delivery of HS2?
