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Articles by BDB Pitmans LLP
Don’t lose sight of the big picture | Lexology
It can be very easy to get bogged down in day-to-day activity but we all need to take the time to raise our eyes and look at the longer term. It can prove useful. It is a commonly held belief that politicians have difficulty taking longer term decisions. Anything that may deliver results outside of their electoral term are put into the ‘too difficult pile’. The evidence for this is sadly all too obvious – look at social care, infrastructure investment and, of course climate change, as examples.
Number of DCO applications reaches new record | Lexology
Today’s entry reports on a peak in the number of applications for Development Consent Orders. Following the application for the Norfolk Boreas offshore wind farm on Tuesday, there are now 28 live applications at some stage between application and decision, beating the previous peak of 27 reached in August 2014. The story since the start of the regime in 2010 is one of rise, fall and rise again, as there was a low of just four live applications in the summer of 2017.
M4 relief road refused | Lexology
Today’s entry reports on the decision on the M4 corridor around Newport project. It’s not a Development Consent Order project because the thresholds for DCOs are different in Wales (it would have been had it been in England), but I thought it nevertheless interesting to consider the decision on Wednesday to refuse the M4 relief road around Newport in Wales. The application was instead made under the Highways Act 1980 and the Acquisition of Land Act 1981.
PPF publishes new guidance for trustees on contingency planning for employer insolvency | Lexology
The Pension Protection Fund (PPF) has published a new guide for trustees on contingency planning for employer insolvency. This has been prepared with input from The Pensions Regulator (TPR) and should be read in conjunction with TPR’s guidance on managing defined benefit schemes. Much of the advice contained in the new guide aims to minimise the practical difficulties caused by the sudden loss of access to the employer’s premises, IT, payroll and banking functions in the event of insolvency.
How does the CMA’s ‘Small Print, Big Difference’ campaign affect travel companies? | Lexology
The Competition and Markets Authority (CMA) recently launched its ‘Small Print, Big Difference’ campaign, which encourages travel companies to double check and update their consumer terms and conditions, and remove any potentially unfair terms. The campaign, supported by both the ABTA and AITO, is aimed at protecting both consumers and travel companies alike and provides bitesize guidance to help travel companies decide whether their consumer Ts and Cs might be unfair.
First electronic-only DCO application made | Lexology
United Kingdom
April 26 2019 Today’s entry reports on the first Development Consent Order application not to be submitted in hard copy. On 23 April, Highways England made its latest application for a DCO, for the A38 Derby Junctions project, to improve three junctions on the A38 to the west of the centre of Derby. Instead of delivering a truckload of application documents to the Planning Inspectorate in Bristol, it was a matter of dropping a few USBs off that would fit into a small envelope.
And finally a look forward to what’s happening in employment news for May 2019 | Lexology
United Kingdom
April 26 2019 Acas (The Advisory, Conciliation and Arbitration Service) has published a new guide on age discrimination for employers, employees and job applicants.
165: Employment Appeal Tribunal considers whether employer had constructive knowledge of disability | Lexology
United Kingdom
March 15 2019 Under the Equality Act 2010, an employee is disabled if they have a physical or mental impairment which has an adverse effect on their ability to carry out normal day-to-day activities, and the effect is substantial and long-term. The duty to make reasonable adjustments only arises where the employer has actual or constructive knowledge of the employee’s disability.
The democratisation of public affairs | Lexology
United Kingdom
February 22 2019 Opening up a public affairs campaign can help deliver greater impact but there can also be a fear of ‘letting go’. Whilst there will always be risks, there can also be significant benefits. It is a cliché to suggest that modern communications and social media have returned power to the people. Certainly they offer greater opportunities for engagement but properly managed they also increase the options available to a public affairs campaign.
A DCO grant and a withdrawal | Lexology
United Kingdom
February 22 2019 Today’s entry reports on the latest decision on a Development Consent Order and an application that has been withdrawn. You win some On Wednesday the Secretary of State for Transport granted a Development Consent Order (DCO) for an extension to the port of Tilbury in Essex known as Tilbury2. It is exactly five months since the last DCO was granted, quite a gap, reflecting the drought of applications 18 months ago.
Jack Shepherd resists extradition following speedboat death | Lexology
European Union, United Kingdom
January 31 2019 Jack Shepherd was arrested last week after apparently surrendering himself to police in Georgia. Shepherd was convicted of manslaughter by gross negligence of Charlotte Brown, who died when his speedboat crashed on the Thames during their first date. He absconded prior to his four-week trial at the Old Bailey and was convicted in his absence in July 2018 and sentenced to six years’ imprisonment.
Can Brexit frustrate a lease? | Lexology
European Union, United Kingdom
January 31 2019 A High Court trial has taken place this month (January 2019) between Canary Wharf Group and the European Medicines Agency (EMA) over the impact of Brexit on the EMA’s 25 year lease of a commercial property based in Churchill Place, Canary Wharf. As a result of Brexit, the EMA is moving from London to Amsterdam and Paris, and it wishes to end its lease.
Private hire drivers deemed as ‘workers’ not self-employed contractors | Lexology
United Kingdom
January 21 2019 In Addison Lee Ltd v Lange and others, the Employment Appeal Tribunal (EAT) upheld an Employment Tribunal’s decision that three private hire drivers are workers, not self-employed contractors. This means that they are entitled to the national minimum wage and holiday pay. Addison Lee has about 4,000 drivers servicing both commercial and private customers. Most of these drivers hire their cars from an associated company of Addison Lee.
Employees should not be dismissed for incapacity whilst they are contractually entitled to long-term disability benefits | Lexology
United Kingdom
January 21 2019 The recent Employment Appeal Tribunal (EAT) decision in Awan v ICTS UK Ltd confirms that an employer should not dismiss an employee for incapacity where they have a contractual entitlement to long-term disability benefits or permanent health insurance (PHI). Mr Awan worked for American Airlines as a security agent.
Is privacy a chimera? | Lexology
United Kingdom
January 16 2019 Offshore trustees have faced significant challenges in recent years in the context of both international compliance and UK tax. In particular, those owning UK residential property have faced a continually changing tax landscape. This shows no sign of letting up, with further changes afoot for the inclusion of gains on all UK commercial property and land from April 2019.
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