Welcome to the new Trowers Public Insight blog covering topical issues and legal developments affecting you, news and views and items of interest from across the Public Sector.
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Welcome to the spring edition of Quarterly Housing Update
In the hope that the efficiency of Tribunals can be increased, and that the number of spurious claims which employers have to defend can be reduced, the government is to implement changes to the Tribunal system.
Part 1: Who and what the expert is
Implications of judgment in R (Nash) v London Borough of Barnet for outsourcing public services
Mike Mousdale took part in the Guardian's live Q&A session about how to make legislation more effective and accessible
Paul Marco comments on Smith and Dennis v Jafton Properties Limited, a case which considered whether self-contained flats being used for short term serviced accommodation are "flats" and whether they could be considered to be "occupied for residential purposes" in the case of collective enfranchisement
Employees have the right under English law not to be unfairly dismissed. There are circumstances, however, where, despite employees not being in England, they can bring a claim in a UK Employment Tribunal that they have been unfairly dismissed.
Local authorities have seen massive cuts to their budgets forcing them to look again at which services they provide and how they deliver them. They are also under pressure to support local investment to promote local economic growth and create sustainable jobs.
As public sector spending cuts continue to bite, more local authorities are looking at new ways of providing public services. The key drivers will differ between local authorities and from service to service but often involve the need to achieve greater efficiencies; to access investment and know-how and to support economic growth.
Welcome to the spring 2013 edition of Housing Litigation Update
Whatever interest rate on late payments you might think you have agreed in a contract signed after 16 March this year, contractors may claim interest at 8% above base rate in the event of late payment because of a new EU law. Are your invoicing processes slick enough to avoid this? If not, have you made contingent provision in your budget to allow for this?
Preparing witnesses for the sometimes nerve wracking ordeal of the court process is a legitimate exercise, but coaching them in what to say is not. Vijay Bange argues that there is now a need for proper regulation.
If you own, or are considering purchasing or selling a high value residential property in the UK, you need to be aware of the new tax regime for these properties which came into effect in April 2013.
Welcome to the Spring 2013 edition of Quarterly Commercial Update
The Olympics are a distant memory. But their legacy could be not just improved community facilities for east London, but wider lessons for local authorities about how to lead from the front on regeneration. Paul McDermott explains
The proposals to change TUPE are radical, aiming to roll back the 2006 regulations and reduce TUPE's burden on employers. Some of the changes are clearly welcomed by some of you but the most radical proposal, to abolish service provision changes, is not.
2013 has already been earmarked as a busy year on the employment law reform front, however the timescales for implementation have now shifted slightly. You'll no doubt already be familiar with all the reforms mentioned below, but you might have been expecting to see some of them in place sooner than they now will be.
What does the Bribery act mean for employers in the care sector?
The private rented sector has been growing rapidly for years and without doubt that growth looks set to continue.
Barclays v Unicredit highlights the importance of "consent not to be unreasonably withheld" wording in loan agreements.
The Green Deal (the Government's flagship energy efficiency initiative) came fully into force on 28 January 2013. Here we look purely at the finance-related issues for RPs, including areas in which lender consents may be required.
It might feel like the ink has only just dried on the LSVT Transfer documents and the last thing on the agenda for the Treasury team is how and where the next funding will come from.
An overview of the expertise of our specialist Property Charging team.
The landscape of recovery of employee's legal costs in the Employment Tribunal is to be radically overhauled over the next few months. We look at how things have already changed, and future costs. We believe a robust approach to recovery of costs pays dividends, as our success shows.
David Mosey fills the guest editor slot at Construction Law for the last time before retiring from Trowers & Hamlins after leading the Projects and Construction Group for over 20 years. He argues that facilitated negotiation and mediation under partnering contracts can be the best solution for dispute management.
The headline tax measures announced were a future drop in the main rate of corporation tax rate to 20 per cent from April 2015 and the bolition of Stamp Duty on unior markets (such as AIM) in 2014.
Housing and Regeneration partner Scott Dorling comments on the Budget 2013 and its impact on the public sector.
Andrew Sneddon, partner and Head of Tax at Trowers & Hamlins, comments on measures announced in the 2013 Budget on 20 March.
Implications for the housing sector in the transfer of consumer credit regulation to the Financial Conduct Authority.
Housing revenue account reform gave councils control over their rental income for the first time a year ago this month. So, now they have the keys to the safe, how are they spending the money? Ian Doolittle comments in this feature article
Data protection law is being updated to take account of new technology. Lynn Aglionby, partner and head of information law at Trowers & Hamlins, explains
If you have a substantial borrowing or refinancing requirement (£100,000,000 plus) you may well be considering a bond issue. Rather than borrowing from a small number of banks under a facility agreement, a bond issue involves issuing bonds (essentially IOUs promising to repay the face amount plus interest) which are listed on the London Stock Exchange or another recognised exchange and are held by investors such as insurance companies and pension funds.
If you have a substantial borrowing or refinancing requirement and have perhaps considered a bond issue (see our separate bulletin for details of bond issues), you might also want to explore the possibility of doing a private placement as an alternative, particularly if you are looking to raise under £100,000,000.