Trowers & Hamlins

Launch of Trowers Public Insight Blog

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.

Quarterly Housing Update Spring 2013

Welcome to the spring edition of Quarterly Housing Update

A changing climate for Employment Tribunals

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.

The expert witness in construction

Part 1: Who and what the expert is

One Barnet outsourcings to proceed

Implications of judgment in R (Nash) v London Borough of Barnet for outsourcing public services

What does good lawmaking mean in practice?

Mike Mousdale took part in the Guardian's live Q&A session about how to make legislation more effective and accessible

What is a flat? – Key court judgment

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

Slow build

Rob Horne comments on regulatory changes to the construction industry in The Lawyer.  To view the full article, click here.

Can employees abroad still claim unfair dismissal under English law?

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.

New opportunities for the Third Sector

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.

Delivering public services

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.

Housing Litigation Update Spring 2013

Welcome to the spring 2013 edition of Housing Litigation Update

Beware unexpected interest charges

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?

Opportunity knocks…

Game-changer: Man Utd case scores landmark goal for good faith argument

Key learning points from our annual public sector conference 2013

Preparation is everything

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.

The new UK tax regime for high value residential properties is now in effect

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.

Quarterly Commercial Update Spring 2013

Welcome to the Spring 2013 edition of Quarterly Commercial Update

Legacy lessons from east London

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

TUPE - the future

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.

New timetable for employment law reforms

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.

Bribery Act 2010 – employers in the care sector

What does the Bribery act mean for employers in the care sector?

A growing private rented sector

The private rented sector has been growing rapidly for years and without doubt that growth looks set to continue.

Lender consent - Barclays v Unicredit

Barclays v Unicredit highlights the importance of "consent not to be unreasonably withheld" wording in loan agreements.

Introduction of the Green Deal - Finance issues for RPs

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.

Future funding and security considerations for Stock Transfer RPs

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.

Property charging

An overview of the expertise of our specialist Property Charging team.

Reconsidering costs

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.

Dispute resolution – getting a grip

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.

State Aid - Private sector pays

More austerity for local government

UK Budget 2013

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.

Budget 2013 - Public Sector

Housing and Regeneration partner Scott Dorling comments on the Budget 2013 and its impact on the public sector.

Budget 2013 Expert Reaction and Analysis

Andrew Sneddon, partner and Head of Tax at Trowers & Hamlins, comments on measures announced in the 2013 Budget on 20 March.

A new approach to financial regulation

Implications for the housing sector in the transfer of consumer credit regulation to the Financial Conduct Authority.

Finances unlocked

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

Protection racket

Data protection law is being updated to take account of new technology. Lynn Aglionby, partner and head of information law at Trowers & Hamlins, explains

Bond issues by Registered Providers

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.

Private Placement by Registered Providers

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.