Member News

Steeles Law Head of Planning & Environment David Merson looks at the Coalition’s proposals to revise the Judicial Review process.

Chris Grayling, the Lord Chancellor and Secretary of State for Justice, has today issued a consultation paper entitled ‘Judicial Review: proposals for reform’.

The paper sets out the reforms the Coalition propose to make in three key areas of the Judicial Review process namely: (i) the time limits within which Judicial Review proceedings must be brought; (ii) the procedure for applying for permission to bring Judicial Review proceedings; and (iii) the fees charged in Judicial Review proceedings.

In respect of the first, the paper identifies two categories of case to which the proposed shorter time limit might be appropriate one of which is planning decisions although on the Coalition’s own figures this is certainly not an area responsible for the bulk of Judicial Review applications.

In coming up with its proposal the Coalition seeks to draw parallels with the statutory appeals process in planning. This is however unhelpful because Judicial Review deals with procedural failings which may not always be apparent at the time of the decision and certainly will not have been considered in any detail in the preceding considerations as opposed to the appeals process which deals with merits which will have previously been considered at the pre-application stage, at the determination stage and at the appeal stage before the matter ever reaches the court. This means that on the one hand one is looking at issues that are only just emerging from investigation and inter party exchanges including discovery and Freedom of Information requests as opposed to ones that have been argued and honed down very clearly in a number of different arenas.

In addition, the reduced time limit will not provide for sufficient time to deal with either the pre-action protocol requirements introduced to try and bring about a consensual resolution without the need to resort to the court or the funding issues that so very often arise when third party challenges are in contemplation.

Despite what the Coalition believes it is thought likely that this proposal will lead to more proceedings being issued if only to protect positions while the protocol ‘Letter before action’ and funding issues are addressed.

In addition there may be scope for other avenues of challenge.

For one, the judicial discretion to extend the time limit in limited exceptional cases may fall foul of European requirements of certainty particularly in Environmental Law cases.

It is also noted that the proposed time limit is shorter than that allowed for challenging decisions of the European Institutions and may therefore be susceptible to challenge particularly in relation to those challenges which are based in Environmental Law on for example access to justice under the Aarhus Convention or failures to apply or properly apply European Directives dealing with Habits and Protected Species.

In respect of the second limb of reform the Coalition proposes changes to the procedure for permission to restrict the number of opportunities available. In cases where the claimant has been refused permission on the papers, and the matter is one which has been the subject of a prior judicial hearing, the claimant’s right to ask for an oral renewal of the application for permission would be removed and any appeal to the Court of Appeal would also be on the papers only.

Finally, in respect of the third limb of reform, the Coalition proposes that the applicant should pay a fee for an oral renewal of an application for permission to be set at the same level as for a full hearing of the Judicial Review (currently £215 but under current general proposals rising to £235). Where the application for permission is successful it is proposed that the further fee for a full Judicial Review hearing would be waived but it should be noted that the Coalition will consider the scope for adjusting fees further over time so that they reflect the full costs of providing the service.

The deadline for consultation responses is 24 January 2013 which can be submitted on-line, by e-mail or by post and full details of the proposals and consultation can be found here.

If you require further information or advice on any issues raised in this article or any other planning & environmental matter please contact David Merson on 020 7421 1720 or [email protected]

At yesterday’s Norwich Business Breakfast, GGS ran a ‘Spot the Difference’ competition for everyone attending.

Seen here, Caroline Williams, CEO of Norfolk Chamber of Commerce, draws the first prize winner, accompanied by Photography Director of GGS, Peter Griffin ABIPP.

The first prize is £250 worth of professional photography, to help the winner kick start their 2013 marketing campaign, along with a bottle of bubbly, which was won by Owen Morgan of The Space.

There were also two lucky runners up, each winning £100 worth of professional photography. These were won by Alex Thorpe of Towergate and Andrew Hirst of Word Perfect.

Steeles Law has launched its new website – take a look at: https://www.steeleslaw.co.uk/ to find out more about our services, our people and tokeep up-to-date with our news, events and publications.

Creative design agency TMS Media has won three major exhibition contracts in the last month, together worth nearly a quarter of a million pounds.

One deal is to design, install and project manage exhibition stands for a national pharmaceutical company at 10 conferences across the UK over the next two years. The others are both supporting the regional energy industry.

“It’s the biggest ever batch of exhibition business I can recall,” said Jimmy Hartwell, exhibitions manager for TMS Media.

“Clients tell us we always go the extra mile and I’m delighted with that reputation. We believe in attention to detail and on-site one-to-one support for all our clients and exhibitors, drawing on information and knowledge gleaned over many years.”

TMS will project manage and coordinate an exhibition stand for 18 regional energy companies at Offshore Europe 2013 in Aberdeen next September, one of the world’s leading oil and gas events. Working for NSea (the Norfolk and Suffolk Energy Alliance), the project aims to give the East of England Energy Zone the highest possible profile in an arena expected to attract around 48,000 international visitors.

Next March, TMS will also project manage the two-day SNS2013 Conference, Exhibition and Gala Night for EEEGR (East of England Energy Group) at the Norfolk Showground. It includes the installation and co-ordination of 80 booths for exhibitors – the biggest ever showcase of its kind by EEEGR.

Working for the pharmaceutical company will involve TMS in creating various stands at major events like the British Renal Society Conference and the British Society for Haematology Scientific Conference. The new contract follows four years of successful exhibition work with the same company.

Based at the Gapton Hall estate, TMS Media has been providing design, publicity, website and other marketing services for more than 20 years.

On the 29 November, the Norwich Highways Agency Committee reviewed the results of the public consultation on the creation of a southbound (uphill) bus lane on Grapes Hill.Approval was given forthe scheme to proceed.

Work is planned to start on the bus lane in April 2013, but this will be dependent on other schemes on the network.

The creation of a bus lane will reduce journey times for buses using this route by several minutes.

To read more about the Grapes Hill bus lane, and the Better Bus Area project click here.

Corporate solicitor Edward O’Rourke is to take over the helm at ‘regional heavyweight’ law firm Ashton KCJ in January 2013. He succeeds Simon Smith who will leave after a highly successful decade during which, first as Managing Partner and then as CEO, he brought the firm through two mergers to the strong regional player it is today.

Mr O’Rourke was elected to the role by the firm’s partners who at the same time elected Mark Merriam as Chair of the Partnership Board and agreed upon a new internal management structure. Both the CEO and Chair appointments are for a minimum term of three years.

Mr O’Rourke, 44, is the ideal candidate to maintain and develop the progressive agenda started by Mr Smith. He came into the law having previously run service sector businesses. He was described in this year’s Legal 500 directory as “personable yet professional, and willing to take the commercial view” – essential qualities for a law firm CEO. He currently heads Ashton KCJ’s Corporate and Commercial team, a role which will be taken on by Geoff Hazlewood when Mr O’Rourke takes over as CEO from 1st January. Mr O’Rourke has worked in East Anglia since 1998 and lives in Norwich.

Mr Smith says: “We have had a very positive first year since our merger in October 2011, including recruiting excellent new legal talent, retaining this year’s home-grown trainees when they qualified, gaining accolades from Legal 500 and Chambers that I had envisaged taking until at least next year to obtain, and recently winning a national award for our new website.

Ed has all the hallmarks of an excellent CEO and I’m supremely confident in his ability to steer Ashton KCJ successfully through the next phase of its development. From a personal perspective I’m delighted to be handing the mantle on to a very capable younger man and moving on to some other professional and personal challenges – at 57 I need to start them now while I am still young enough to give of my best!”.

Mr O’Rourke adds: “The legal profession is facing exciting but challenging times. Simon has brought Ashton KCJ to a point where we are ideally poised to capitalise on the opportunities available. We have a full regional presence in our core geographic market, complemented by niche areas of expertise in franchising law and French legal services, and an acknowledged position as regional market leader for personal and medical injury work. My job is to ensure that we continue to develop the services, and the means of delivering them, which our clients require, and consistently attract top legal and managerial talent to make this happen. I’m lucky to be stepping into the CEO role supported by an excellent team and I’m hugely looking forward to the opportunities ahead”.

Photographed from left to right: Simon Smith and Edward O’Rourke.

Chair of the National Self-Build Association Ted Stevens paid a visit to Lucas Hickman Smith today to discuss the next steps of our drive to promote an increase in self-build in Norfolk.

Over the last three years NaSBA has been working with the government on a range of measures to make it easier for people in the UK to build or commission their own homes, culminating in the inclusion of a ‘self-build clause’ in the National Planning Policy Framework published in April this year. The clause places local authorities under a new duty to assess the demand for self-build land in their area, then make plans to meet that demand. NaSBA has just published guidance for local authorities and developers on the new policies and how they are being implemented across the country.

Local authorities in the west and south-west of England have been the quickest to rise to the self-build challenge, with the east of England apparently lagging behind. Earlier this year, with this in mind, we published a discussion paper, ‘Self-Build Norfolk’, setting out the potential benefits of self-build to local housing-delivery and small businesses in the area – builders, materials suppliers, and maybe even architects (!)

The paper is available at www.selfbuildnorfolk.co.uk, where you can also find details of how to express your support for Self-Build Norfolk to your local council.

Flagship is a high-performing housing association with over 22,000 homes across East Anglia.

Based in Norwich, we employ just over 500 staff across Norfolk and Suffolk and are building up to 200 new homes every year.

We are a strong business with excellent financial and operating results. But we want to do so much more to position our company successfully for the future, in an increasingly tough operating environment.

Our purpose is ‘to create places where people want to live’.

We have ambitious business objectives – to achieve 100% customer satisfaction and sector-leading operational costs, and we are looking for two non-executive directors with successful entrepreneurial/commercial backgrounds to join our board team.

You will share our vision – to be an exemplary company – share our passion for continuous improvement, and bring new ideas, creativity and thinking to improve our performance and service delivery to our existing and future customers.

If you have the strategic vision and ambition to help us meet our aspirations, we’d love to hear from you.

For an information pack and details on how to apply, visit www.flagship-housing.co.uk/corporatetalent

Closing date for completed applications: 21 December 2012

After two years of development and a rigorous period of testing the Social Impact Measurement Toolbox from The Guild Social Economy Services CIC is now in production and available.

Aimed at small to medium sized organisations, this ‘consultant in a box’ takes into account your starting point and the extent of changes that might occur, shows how to provide the most useful/robust information to those who need it and makes the most of what you already do. It also prepares you to do more, ending with an Action Plan for you to put in place to measure the social impact of the work that you do.

What you can expect from the Toolbox:

• Six carefully designed sections that help you and your organisation think about social impact measurement, with the option to start at the beginning and work your way through all the materials or begin where it is appropriate for you.
• Help to build a robust impact measurement plan from the foundations upward, rather than jumping in with a complex tool or framework from the start. (Our Guide to Getting Started in Social Impact Measurement can help you select which well-known tools and approaches suit you best – but that’s the next stage once you’ve laid the foundations!)
• The opportunity to identify and deal with any gaps or to check if you are collecting information you don’t currently use.
• Development of your organisation’s approach to social impact measurement – but at the same time build your team’s communication, skills and knowledge around impact measurement too.

“I am really impressed with the Toolbox which appears simple to use and clear to understand” Louise Forey, Community Development Officer – Severn Vale Housing Society

Each Toolbox costs £120.00 plus carriage, packing and VAT. Further information and details of how to place an order can be found on the Social Impact Measurement page of The Guild website or call us on 01603 482220.

Barry has spent most of his professional career at a top financial services company and a claims management company, where he gained a wealth of experience in a number of senior positions across general insurance; from operations, project management, risk and governance through to claims, strategy and business development.

At Leathes Prior Barry will work alongside the partners to help devise, develop and deliver a comprehensive marketing strategy for business development and awareness-raising for the firm’s existing services on a local and national basis.

Barry comments: “I am thrilled to be joining such an established, market-leading and innovative law firm. The opportunities that we have to develop and shape our business to meet the needs of our existing and future clients is very exciting and I am looking forward to being part of the team.”

Mike Barlow, Managing Partner comments: “Having worked alongside Barry in the past I am delighted he has decided to join our team and I have no doubt that his talents will prove invaluable in helping us realise our plans for the future.”

Our latest article is out and examines why and how to plan for driving customers to your website. Too many companies think about this AFTER their new website has gone live and we show you why it needs to be done BEFORE you design your website. We also look at the different tactics you can use to drive traffic to your website and some examples. Please take a look, as we know you will find it useful. As always, your feedback is most welcome.

Click here to see our “How to drive relevant traffic to your website” article.

A recent decision of the Employment Appeal Tribunal (EAT) has held that a redundancy dismissal without any prior warning or consultation was not unfair. Employment Principal Lorna Townsend and Trainee Solicitor Laura Tanguay report.

The facts

The Claimant in this case had been employed by the Respondent company as the Head of Human Resources and Payroll and was known by the title of Associate Director.

Following the economic downtown, the Respondent’s revenue was significantly reduced and fundamental changes were consequently implemented across the entire business. As part of the restructuring, a new and more senior role of HR Director was created and offered to another individual, who had a Masters Degree in Management Development and 20 years of experience in senior HR roles. There was no advertisement of the vacancy; the Claimant was not told of or interviewed for the position.

The Respondent decided that the Payroll Manager could absorb the Claimant’s payroll responsibilities, and other company administrative tasks for which the Claimant had responsibility could be undertaken by the Legal and Operations Director. Consequently, the Claimant’s role was redundant and he was therefore dismissed on grounds of redundancy without warning or consultation. The Claimant issued a claim for unfair dismissal.

The ET decision

At the employment tribunal, the Claimant argued that his employer should have consulted with him and that he should have been appointed to, or at the very least interviewed and considered for, the new HR Director role. At the hearing, the tribunal dismissed the claim for unfair dismissal, holding that, “consultation with the claimant would serve little purpose and would have been a sham which would not have been to the claimant’s benefit”.

The Claimant appealed to the EAT.

The EAT decision

The EAT dismissed the Claimant’s appeal. It agreed with the ET that in this instance it would have been futile to have consulted with the Claimant, with the EAT noting that, “this was, in truth, a case far from the ordinary case of redundancy selection; it concerned a manager in a very senior post which was being lost due to a substantial reorganisation”.

The dismissal was therefore fair, despite the company having not warned or consulted with the Claimant.

Comment

This case illustrates that, in some (limited) circumstances, it may not be necessary or appropriate to consult with an employee facing redundancy where that consultation process would be futile, particularly if the employee is very senior. However, this decision should be approached with caution as in the majority of cases it will still be advisable for employers to properly consult with employees, in order to avoid a finding of unfair dismissal.

A copy of the EAT judgment is available here.