In the final piece in our series commenting on Manchester’s aims to achieve net zero by 2038, we look to the future and offer our predictions as to some of the key environmental issues for businesses going forwards.

Manchester’s objectives – and the UK as a whole – are clear, as are the opportunities for businesses to cooperate and participate in achieving net zero. As we have highlighted in our previous blogs, businesses can no longer shy away from their environmental impact, and must integrate ‘green’ issues and how they consider them in their day-to-day operations.

But what does this mean in practice?

Whilst environmental impact is not a new concern for businesses, unlike in the past, in the next few years the promotion of environmental objectives will be placed onto at least an equal footing and importance as other daily business concerns.

Appreciation of environmental impact

As we have highlighted in previous blogs in this series, there are many ways in which businesses can help contribute to Manchester’s goals.

All of these measures however require businesses to evaluate their environmental footprint, and then to take measures to address specific issues arising. For example, we have previously touched upon cycle to work schemes and onsite EV charging. Whilst not necessarily applicable to every business, these are perhaps obvious areas for businesses to consider if they can reduce their carbon impact.

Likewise, our blog series has also commented on the potential to retrofit the built environment. There are a number of potentially ‘easy wins’ in this regard, in terms of upgrading insulation and heating systems, but there are cost consequences.

We recommend that businesses take the time now to consider all aspects of their operations, and assess where and how measures can be taken to contribute to the net zero aims. It would be advantageous for businesses to undertake this task now, before they are compelled to do so, in order to best position themselves going forwards in light of expected growth in this area.

Lengthier due diligence exercises

As environmental awareness increases, and local and national drives to achieve net zero pick up pace, we anticipate that this will be reflected in more protracted and complicated due diligence exercises.

We have touched upon some of the relevant concerns within this series, but the net result will require businesses to consider additional matters when considering purchases and acquisitions. For example, where new build commercial properties are constructed with the benefit of on-site energy generation, issues of licensing, regulatory requirements and health and safety will need be incorporated into enquiries. The consequence of considering such additional matters will be to increase the cost of, and time required to complete, legal due diligence.

Cultural change

It is accepted that net zero cannot be achieved overnight, and will require a concerted and consistent approach across all sectors. That being said, change needs to start somewhere and may for many businesses require a cultural change and significant revision to their current operating procedures.

Such changes can only flow from the top of an organisation, and the active promotion and furtherance of environmental aims cannot be seen or treated as a simple tick-box exercise. The achievement of net zero will require a new mindset and a genuine prioritisation of the objectives to be achieved.

Solid foundation for environmental claims

In contributing to the region’s net zero aims, businesses may want to promote their own environmental credentials – either by way of encouragement of others, or to promote the steps they are taking. However, organisations must remain mindful that any ‘green’ claims they publish about themselves must be accurate and not misleading. Recent years have seen an almost overnight increase in the number of ‘greenwashing’ claims, and the Competition and Markets Authority is actively investigating claims of sustainability.

In order to avoid falling foul of these novel causes of action and litigation, businesses need to be conscious of the way in which they publicise their net zero actions and, where necessary, have in the background clear data to demonstrate the validity of their claims – for example, in terms of their environmental sustainability or net zero achievements.

Increasing importance of ESG scores

Environmental, social and governance scores have existed for many years, although historically they have been used by financial institutions to benchmark their performance against competitors and assess likelihood of default by a business.

The last few years has seen a rapid increase in their prevalence, across all sectors, and we predict that they will only play an ever more central role over the coming years. Not only does the EU Corporate Sustainability Reporting Directive serve to mandate the inclusion of ESG scores within companies’ annual reporting processes, but this information will also likely play an increasingly seismic role in M&A deals, and is already being seen as a key influencer in investment decisions:. Investors will require clear and unambiguous confirmation that their investments have verifiable ‘green’ credentials.

Carbon accountability

Han-in-hand with the increase in ESG scores, we anticipate that the next few years will see an increasing awareness, and benchmarking, of carbon accountability. Manchester has already provided information as to how much carbon its net zero measures have saved, and we consider it is only a matter of time before similar information is volunteered by other sectors.

To date, these scores have mainly been used by aviation companies to provide information as to the carbon impact of individual flights, but we anticipate their spread into construction, hospitality and retail.

As worldwide efforts to achieve net zero increase, and consumers become more alive to their own environmental impact, carbon scores will likely become increasingly omnipresent and a key driver of consumer behaviour. It may be the case that carbon limits are in time placed on businesses, and potentially individuals, as further drivers of change. For example, similar initiatives have been introduced by some banks which have already started to offer card accounts with an in-built carbon tracker.

In time, it may be the case that retail goods, and other purchases, are provided with an individual ESG/ carbon accountability score in much the same way that energy efficiency ratings currently attach to white goods.  We therefore recommend again that business look now at where their main carbon spend is occurring, and what measures may be available to address and reduce this.

War on plastic

Although our series has not focussed on the war on plastic, Manchester’s actions towards net zero are taking place against the national background of this issue. The government has stated its desire to avoid all avoidable waste by 2042, and recent years have seen the prohibition on sales of certain items, such as single-use plastic cutlery, and the introduction of the plastic bag charge.

Businesses are not immune to these measures and have been equally affected by the Plastic Packaging Tax and extended producer responsibilities, both of which serve to impose waste management cost obligations on businesses for the packaging they generate and handle.  Whilst the purpose of these regulations is to encourage and incentivise durability, repairability and recycling, and move away from disposal as the default option at a product’s end of life, the additional costs generated are almost certainly going to be passed on throughout the supply chain.

As part of the suggested internal review and assessment identified at the start of this piece, businesses need to start considering now whether any of their produced items can be redesigned using environmentally friendly components, or re-packaged in a way that supports environmental targets.

What does the future hold?

Absent of a crystal ball, no one can predict with certainty what tomorrow may bring, but so far as the achievement of net zero and climate action are concerned, the route is clear: preservation of the environment is to be promoted.

We suggested at the outset that businesses may want to consider now (before they are obliged to do so) what their environmental footprint is and how they may be able to reduce this so as to contribute not only to their immediate community, but also the wider objectives stated by Manchester and central government.

Whilst this will almost certainly result in immediate costs being incurred, these perhaps pale into insignificance given the greater good to be achieved.

Photo: Sakorn Sukkasemsakorn

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As part of our 10th anniversary celebrations, we wanted to speak to people across the firm – from those who were here at the beginning of our journey, to those who have joined us in recent years – to get their views on what makes Pannone what it is, and how the legal and Greater Manchester landscape has changed during that time.

In the first of a 10 blog series, we speak to partner, David Walton. He joined the Health, Safety and Regulatory team in March 2023, having worked in the legal sector for 32 years. During that time, he worked alongside Bill Dunkerley, Associate Partner at Pannone, who convinced him that he should come and speak to the firm when, at the end of 2022, he was exploring his vocational future.

“As a former business owner and practicing lawyer, I was in the enviable position of having a good insight into what the final years of my professional working life could and should look like and, upon meeting the senior leadership team at Pannone Corporate, I realised very quickly that I had found what I was searching for.

“I already knew the Pannone Corporate brand symbolised legal acumen and professionalism; lawyers practicing at the top of their game. That was confirmed very soon after joining the firm. However, what equally attracted me to Pannone and, what was confirmed when my feet hit the ground, was the sense of team spirit, bonding and trust that permeates through all parts of the practice. Management styles can differ greatly and are central to a firm’s success. The management style adopted across Pannone (transparent, fair, and one that rewards team players working towards a common goal), is one that I have always tried to emulate myself. Pannone is made up of honest, decent people who care in equal measure about their clients and about each other. In many ways it is an “old school approach”, but, ironically, in 2024, it’s completely in line with what a modern workplace should look like.

“It’s exactly one year since I stepped through the door to start my first day. I expected the transition from a firm I’d worked in for over 30 years, to a firm in which I knew very few people, to be challenging – particularly in light of my age! In truth, it has been rewarding, rather than challenging. I’ve been made to feel welcome by everyone I’ve met and the sense of team and comradeship is constantly in evidence. I’ve embraced bringing my area of specialism and contacts into a full-service commercial law firm and enjoyed working alongside the firm’s myriad of specialists. Bill and I have a vision for the HSR team, which is fully supported and which we are driven to deliver.

“The North West is continuing to grow and present itself as a realistic alternative hub to London. It’s entrepreneurs and internationally recognised sports teams enhance that reputation and, naturally, it is building a legal community to match. Pannone, a relatively small practice in terms of numbers, already punches above its weight in that North West arena. However, my reason for joining is to help those visionary founding partners, and those who have subsequently joined, to expand upon what has evolved and become even more of a player in the North West legal scene.

“If I had to think of one word that sums up Pannone it would be “trustworthy”. If I had to think of a second, it would be “team”!

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In a trade mark battle of the supermarket giants, Tesco has lost its appeal against a decision that it infringed Lidl’s logo. The supermarket will now have to drop its blue and yellow logo used to promote its Clubcard loyalty scheme, with the subsequent rebrand reportedly set to cost Tesco up to £8 million.

So what did the Court of Appeal rule?

What does the ruling tell us?

The case shows how difficult it is to appeal a decision of a lower court. The Court of Appeal would only have been entitled to intervene if findings of facts were rationally insupportable, or if the High Court judge had made an error in law or principle. Although the Court of Appeal found aspects of the High Court’s judgment “surprising”, it was mindful that the High Court had the benefit of being immersed in the evidence, whereas the Court of Appeal is only asked to consider selected parts of the written record.

Although Tesco could look to further appeal to the Supreme Court it is understood the supermarket has accepted the Court of Appeal’s ruling.

To read more about the case, and gain insight on what businesses need to consider when designing logos and where the line is drawn between misrepresentation and inspiration, take a look at our recent Retail Law Update here: https://lnkd.in/evN8YtPm

Photo: The Tesco Clubcard Prices design and the Lidl logo. Composite: Rex/Reuters

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In our penultimate article on Manchester’s intention to become a zero carbon city by 2038, we consider this week the built environment, the measures available to help contribute to objectives, and the implications for those involved in the management and/ or transaction of real estate.

Manchester’s Climate Change Framework estimates that housing, and the built environment generally, may contribute up to 30% of the city’s total carbon emissions. Real estate is therefore considered to be a key driver in efforts to achieve carbon neutrality, with buildings being categorised as ‘net zero’ if they have no net carbon emissions during either their construction or operation.

However, the obstacles to overcome to achieve this objective are two-fold: not only is it necessary to remedy defects or environmentally prejudicial characteristics within existing stock, which includes those premises constructed before there was the current awareness of climate change; but in addition, net zero requires that those buildings yet to be designed or constructed also contribute to the target to be achieved.

What has Manchester done to date?

Despite the enormity of the task at hand, numerous retrofitting measures are commonly available, for example: installation and upgrade to energy-efficient lighting; high efficiency boilers; installation of double-glazing; and cavity wall insulation.

Although these measures may not be considered individually onerous or overly time-consuming, wholesale retrofitting of existing stock is not without cost. To meet its net zero aims, Manchester estimates that around 84,000 properties will require retrofitting, at an anticipated cost of between £25,000 to £30,000 per property. With only limited funding available for retrofitting, the question remains: where is the money going to come from?

In addition, current plans to retrofit real estate portfolios do not operate in a vacuum and take place against the continued introduction and implementation of the Building Safety Act. That Act, supported by secondary legislation, prescribes and mandates new regulatory obligations in respect of building safety and fire management provision. Building safety is paramount, but those involved in the design of new builds will need to consider how best to balance the achievement of net zero and carbon neutrality whilst also ensuring the total safety of a building throughout its lifetime.

What about future builds?

A significant proportion of the real estate infrastructure which is expected to exist in 2038, being Manchester’s deadline to achieve net zero status, is yet to be designed and constructed. Therefore, there also needs to be consideration as to how these future builds will help towards reaching that goal. This requires consideration not only of how those buildings will operate once in occupation, but also how embodied carbon (being the carbon contained within construction and civils materials) will be either managed or off-set. This will require a full review of all aspects of a supply chain to ensure that materials are genuinely carbon neutral in their production.

We have already touched upon some of the measures which can be introduced to an in-occupation building to help limit climate change, but in addition to domestic measures, designers may wish to consider the introduction of on-site renewable heat and electricity generation, such as photovoltaic sensors, as well as district heat networks.

The UK Green Building Council’s framework definition of net zero carbon buildings recommends that onsite renewable energy sources should be prioritised and should be pursued by building developers, owners and occupiers, where feasible. Not only is it anticipated that the presence of such measures may increase a building’s value, but it will also concurrently reduce pressure on the national grid.

What are the practical implications?

Implicit in all of the foregoing is that a building’s Energy Performance Certificate (‘EPC’) is going to become an increasingly important document over the coming years. Whilst they are already central to many transactions, we anticipate that their contents will be subject to additional review and transactional discussions. For example, going forwards, it is likely that EPCs will need to be carefully scrutinised during transactions, with the buyer working to achieve full understanding as to when the EPC will expire, whether any measures can be taken to improve the rating and if they have been appropriately registered.

In parallel, we anticipate that corporate due diligence, to the extent it involves real estate transfers, will also become more protracted. For example, there will need to be careful consideration as to whether retrofitting is necessary, who is to be responsible for this and whether any such revisions are permitted within the lease in place. In addition, where on-site energy generation is available, owners and occupiers will need to be mindful of the ownership of the generating plant, as well as apportionment of the additional regulatory burdens which accompany the generation of energy.

In respect of this specific example, where building designers and/ or owners wish to benefit from the cost-savings associated with on-site heat and electricity generation, they also need to consider whether such use is permitted in terms of relevant planning authorities, as well as the possible health and safety considerations which may arise from its operation.

Conclusion

Whilst the move towards net zero is a laudable aim, the consequences for real estate are significant: the scale, extent and cost of retrofitting existing properties is sizeable, but in addition there are also numerous opportunities for the sector to take the driving hand in bringing about real change.

Our final commentary piece next week will bring together recent articles, together with our predictions going forwards for what net zero will mean for both Manchester and the country as a whole.

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In the third of our series of blogs commenting on Greater Manchester Combined Authority’s intention to become net zero, we look this week at efforts being made to help influence and ‘nudge’ behaviour towards achieving the objectives.

Whilst any form of encouragement or guidance seeking to unilaterally change an individual’s behaviour could be interpreted as having somewhat sinister overtones, the Council is eager to be seen as leading by example and has already modified its own operations in this regard.  

For example, Greater Manchester has appointed a number of Neighbourhood Climate Change Offices, to help empower communities to take local-level action and to help build climate resilience, including encouraging cycle to work schemes, turning down heating, and turning off electrical appliances when not in use. 

Can behavioural change impact net zero?

Changes in behaviour and pervading culture will not come overnight but, equally, they have to start somewhere. Greater Manchester is not alone in seeking to achieve net zero, with central government also having made a similar commitment to achieve 100% reduction of greenhouse gas emissions by 2050, compared with 1990 levels. 

However, responsibility does not rest solely with government and as the Climate Change Committee’s 2021 progress report to Parliament suggested, public engagement – and individual actions – are key enablers for achieving net zero, with the actions taken by consumer, workers, households and businesses being central to achieving the net zero objectives. 

That report went further and suggested that behavioural change can play a role in almost two-thirds of emission reductions, through adoption of low-carbon technologies, such as electric vehicles and increased use of green public transport.

How is behavioural change to be achieved?

In its net zero strategy, published in October 2021, central government stated that public engagement plays a significant role in driving green choices. At that time the government set out its approach to support green choices, which was underpinned by six core principles. Whilst these were developed primarily with the public in mind, it is accepted that they may apply equally to businesses. The six principles are: 

  1. minimise the ‘ask’ by sending clear regulatory signals;
  2. make the green choice the easiest;
  3. make the green choice affordable;
  4. empower people and businesses to make their own choice;
  5. motivate and build public acceptability for major changes; and
  6. present a clear vision of how we will get to net zero and what the role of people and business will be.

As the Energy Minister, Greg Hands MP, accepted to the House of Lords Environment and Climate Change Committee, it is not the business of government to force behavioural change on individuals, but rather it is the government’s role to, “encourage, incentivise and enable,” moves towards the objectives to be achieved.

In other words, far from imposing unilaterally mandated changes on individuals, what the government seeks to encourage is that individuals take ownership of their own environmental impact, and in turn contribute to local, national and global objectives.

A government survey has found that 85% of people are either concerned or very concerned about climate change and willing to do something about it in their own lives. However, any such actions must be affordable, accessible and achievable without any significant detriment to the individual. Any measures implemented must also be equitable for all. 

For example, a report published by the Cambridge Sustainability Commission in April 2021 evidenced that between 1990 and 2015, nearly half of the growth in global emissions was due to the richest 10%, with the wealthiest 5% alone contributing over a third. That report suggested that policymakers target the ‘polluter elite’ to make changes to their lifestyles, such as imposing levies on high emissions technologies and long-haul flights.

By contrast, one universally-accessible solution introduced by Greater Manchester is the introduction of 50 zero emission buses as part of the authority-controlled ‘bee network,’ with an additional 50 vehicles being delivered in March 2024. An additional 250 vehicles are expected to be delivered over the next three years.  It is estimated that the adoption of zero emission buses will reduce carbon emissions by 1.1 million tonnes.  This is a resource which is available equally to all, yet which is likely to serve to help shape behaviour by encouraging use of green public transport.

What we expect to see over the coming years, following on from government-led schemes and enabling legislation, is an increasing awareness by consumers as to the environmental impact their actions and the products they buy may have. This in turn is likely to result in further behavioural changes, including the gradual transition towards a circular economy and continued war on plastic.

Conclusion

George Eustice MP, when Secretary of State for the Environment, stated that:

Behaviour change is quite integral to many parts of government policy, but to tackle these complex environmental challenges is a shared endeavour. We all have a shared responsibility, and many of the policies we have are partly about government having a role in regulation to make certain choices easier, so that the public can make the changes we want them to make to get better environmental outcomes.

Although at first blush one may view the idea of subtle influences to behaviour and nudging as slightly sinister acts by those in positions of power, the objectives to be achieved are broadly to be welcomed, and it is clear that local actions by individuals will cumulatively bring about significant changes. 

That being said, questions do remain as to by whom, and on what basis, those individual objectives are to be determined, as well as the global (as opposed to local) impact actions will actually have, especially if other countries and agencies are not pursuing identical goals. For individual behavioural changes to have a meaningful impact, there does need to be a unified approach, which may be difficult to achieve.

Those concerns aside, the takeaway message is clear and there are low-cost steps that everyone can take on a daily basis to act in a less wasteful, and more environmentally-friendly, manner.  

Next week we will look at the built environment and how real estate initiatives may be able to help contribute to Manchester’s net zero aims.

Photo credit: cagkansayin



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The various provisions of the Building Safety Act 2022 continue to be implemented and come into force.  Whilst there has already been a significant volume of commentary and analysis regarding the genesis of the Act, and the various additional duties created, what impact will the Act actually have on a day-to-day basis for those who undertake work on, and are responsible for, the management and operation of the built environment?

Who is caught by the Act?

The Act is of relevance to all those involved in the entire lifespan of buildings, from design and planning through to construction and ongoing occupation, with a particular emphasis on those involved in the management of buildings which are deemed to be ‘higher risk’ (being over 18m in height and which contain at least two residential units).

One of the key criticisms flowing from the independent review which was undertaken following the Grenfell Tower tragedy was that there was generally no accountability or continuity of oversight relating to the built environment. The review’s impression was that the existing duties were seen as a ‘race to the bottom’, with those responsible for each stage of a building’s lifespan operating in a silo and without reference to those who may be involved at later stages of a building’s management.

The Building Safety Act seeks to do away with this attitude and creates what is referred to as a golden thread of information, which persists throughout a building’s lifetime, to ensure that crucial information is preserved and accessible to those who require it.  Contractors will need to be proactive in this regard, and will be expected to positively contribute to this core repository.

Central to the Act’s objectives is the creation of the new statutory role of ‘accountable person,’ which, in a nutshell, will attach to those who are in any way responsible for the management of building safety risks. In practical terms this means that those who are responsible for the repair and ongoing safety in higher risk properties will be fixed with additional duties.  Whilst many of the obligations are perhaps a matter of common sense and may duplicate existing best practice, the Act now places these on a statutory footing, with consequences for non-compliance.

What does this mean in practice?

The nature of regulatory compliance is that it only ever tends to increase in volume and the Building Safety Act is no exception in this regard.

Once fully embedded, the Act is likely to lead to:

  1. Increased administrative burden

There will be an increase in the administrative burden by those involved with the management of higher risk buildings, especially those who are deemed to be an accountable person (‘AP’).

For example, an AP, or where there is more than one AP in respect of a building, the Principal AP, must:

Whilst these duties are not in themselves novel, in that they mirror similar obligations under existing health and safety and fire safety legislation, their discharge is now compulsory in respect of building safety management.

An initial impact assessment undertaken prior to enactment of the Act estimated that costs associated with the additional management duties may be in the region of nearly £3 billion over the first decade, with estimated annual costs associated with maintenance of the Golden Thread being in the region of £600 million.

  1. Emphasis on cooperation

Effective implementation of the Building Safety Act will require significant cooperation and coordination between those involved in building safety.

For example, one area where there is likely to be overlap is in respect of fire safety.  Definitions as to whom the relevant duties attach differ slightly between the Act and Fire Safety Order, and in practice the roles may be undertaken by the same or distinct persons. In any event there needs to be a clear delineation and understanding between all parties as to who is responsible for which aspects of a building’s occupation and how information will be shared between them.

The duties imposed by the Fire Safety Order have themselves been expanded, with external walls and fire doors to individual flats now being included within the definition of communal areas, and thereby falling within the responsibility of the Responsible Person to include in the building’s fire risk assessment.

Given all of the above, and the importance of the objectives to be achieved, it is crucial that the new prescriptive regime is adequately reflected within contractual documentation. For example, those who work on buildings but who may not be the AP, should revisit their contractual documentation to ensure that it is compliant with the new statutory apportionment of responsibilities. Parties need to be mindful that they do not inadvertently, by their contractual terms or actions generally, assume responsibility.

It may also be prudent for those involved in the maintenance of higher risk buildings to include express confirmation that any works undertaken will not affect building safety or emergency plans.

Pending the introduction of updated standard form contracts, all contractors should seek express and unambiguous clarification as to how the Act will impact their work, and clear understanding as to apportionment of relevant responsibility.

Such apportionment of roles is not novel in itself, and has been required for many years as a result of the Construction (Design and Management) Regulations, but clear delineation of roles will help all to understand the scope and extent of their responsibilities and how these contribute to the overall objectives to be achieved. Unlike those Regulations, however, the new golden thread requires much more information to be provided, with the emphasis on recording and sharing that information rather than simply maintaining a hard copy.

  1. Delays

Whilst ensuring continuity of knowledge and safety, the Act is liable to result in delays to construction projects, whilst relevant approvals and registrations are awaited. In the event of any such delay, or rejection of approval, parties will need to make provision as to who is liable for any consequential costs, cash flow issues and supply chain issues.

  1. Construction products

The Act intends that all construction products made available on the UK market should be regulated, and the Building Safety Regulator has extensive powers in this regard, including to require construction products to be safe and to create a statutory list of ‘safety critical’ construction products.

The Act also introduces new liabilities on materials producers for defective products, which will operate in addition to existing product safety regimes.

All those involved in the supply and use of construction products will need to be mindful of any relevant decisions or categorisations of products, and take steps to ensure that any products falling foul are not used on site.

Enforcement

All of the above obligations, duties and requirements are to be overseen by the Building Safety Regulator, which has been endowed with criminal investigatory and enforcement powers in the event of breach by a dutyholder.

It has been estimated that the costs of enforcement could be in excess of £12 million, with costs associated with reviews and appeals serving to increase that figure.

There has been significant criticism of the Building Safety Regulator to date and whether it becomes a Regulator with real teeth or not remains to be seen.

Conclusion

Whilst the maintenance and promotion of building safety is to be welcomed, all those who are involved in the design, construction, management or maintenance of the built environment must understand their specific role, and by extension what additional responsibilities they may have.

Although there has been criticism as to the length of time it has taken the Building Safety Act to come fully into force since the Grenfell Tower fire in 2017, and residual questions remain as to how the additional funding will be sourced, the direction of travel is clear and businesses need to be alive to how they will be impacted and the practical consequences for them.

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In the second of our series focusing on Manchester’s aim to become a zero carbon city region, we take a look at transport and travel. It is well accepted that transport is the largest contributor to greenhouse gas emissions, contributing just less than a quarter of all UK domestic emissions in 2020. Emissions from cars and taxis account for more than half of this figure.

Greater Manchester is not alone in facing a significant challenge, but it has clear objectives in response, which mirror those being pursued at a national level.  For example, in the Department for Transport publication ‘Decarbonising Transport: Setting the Challenge,’ the UK Government has set itself an ambitious target of zero emissions across all modes of transport by 2050. The publication anticipates achievement being attained through a combination of facilitating the transition to large-scale use of zero-emission vehicles, and supported by the implementation of a meaningful and effective refuelling infrastructure, including the installation of 300,000 public charge points by 2030.

How does Manchester hope to achieve its aims?

Within its own operations, the Council has committed itself to reducing direct emissions by replacing its fleet with electric vehicles, and hopes to reduce its emissions by between 35%- 45% by 2025.

The city region is eager to encourage sustainable and accessible travel options across its boroughs but beyond its own activities, the wholesale uptake of zero-emission vehicles faces a number of significant logistical hurdles. For example, electric vehicles require somewhere to re-charge and whilst for many it is possible for their vehicles to be charged at home overnight, within Manchester approximately 60% of homes do not have access to off-street parking.

For those who do not have access to home charging, their only option will be to access the public network. Pending the development of improved battery technology and mileage, the fundamental difficulty of availability of charging stations is not easily overcome.

To meet objectives it is expected that by 2030 there may need to be upwards of 3,000 additional public charge points within the Manchester region. Manchester has published the EV Charging Infrastructure Strategy which sets out its role in providing more charge points, but the Council is reluctant to install on-street charge points as these can:

“cause obstructions to pavements and street clutter, and we do not support the use of cables crossing the pavement to charge vehicles at the roadside… as these can cause trip hazards.”

Recent figures indicate that Manchester is perhaps some way behind other regions in the UK in this regard, with around 24 charging points per 100,000 population, compared with the UK average of 42 per 100,000.

Although there is no statutory duty to provide public charge points, Manchester is looking at opportunities within council-owned car parks to expand the public network for residents and businesses, and within the last few months there have been announcements to construct charging ‘oases’ within the city to address some of these concerns. However, replicating the service provided by petrol stations is not without some hindrance. Whilst there are a number of different charging systems available, with varying recharge speed from a few minutes up to several hours, were Manchester to be successful in its aim then it will need to ensure that re-charging is able to take place on demand and within a reasonable period of time.

Central Government plans to ban the sale of new petrol and diesel cars by 2030 are well under way, but by contrast the uptake of electric vehicles remains sluggish. For example, by the end of March 2022 there were still less than 2,000 plug-in cars registered in Manchester, equating with around only 1% of the total number of cars registered. This is below the UK average of 2.4%.  Whilst the transition will not happen overnight, to enable individuals to move freely, efficiently and at low-cost, whilst also being environmentally friendly, there needs to be a viable alternative to current combustion engines.

Hydrogen is being considered as an alternative fuel source although the enabling technology still requires refinement and, in addition, there are very obvious safety risks arising from the storage and use of this fuel. Current plans for hydrogen fuel appear to be restricted to the haulage sector, and do not extend to domestic and residential travel. Therefore, this is not something which will necessarily help to achieve objectives in the shorter term.

Barriers to implementation

The aims are laudable and are to be welcomed.  However, despite their increasing presence, electric vehicles are far from the predominant mode of transport and the impact of the Government’s intended ban on the sale of fossil fuel vehicles will not be fully appreciated for many decades yet. Likewise, the transition to a net zero transport network is likely to be many years away.  The fact that success will not be achieved overnight is not a reason for the objectives not to be pursued in the interim, but implementation must be mindful of the very real logistical problems that need to be overcome.

There are also concerns as to how ‘green’ electric vehicles actually are, and the level of ‘carbon debt’ created during their manufacture. For example, at present not only are electric vehicles generally more expensive to buy, but their production requires the input of significant volumes of fossil fuels. In addition, questions remain as to how electric vehicles, specifically their batteries, are to be stored and disposed of at end of life.

The electricity required to power electric vehicles also needs to be sourced from within the national grid, and the mass charging of vehicles at peak times is likely to put a strain on the system. Although wind and solar and renewable energy sources are currently active within the network, the proportion of energy generated by them is not only intermittent but also lags far behind the energy generated through fossil fuel usage.

What can businesses do to assist?

There are no statutory requirements at present for businesses to contribute to net zero through assisting and enabling a greener transport network.  Whilst grants are available, the transition to green and sustainable alternative fuels remains a costly option, which is also accompanied by logistical issues and numerous other considerations.

That being said, the objectives have been stated loud and clear and, in order to position themselves, businesses may want to consider the feasibility of alternative fuel and transport. For example, car share and cycle to work schemes may be one option, but it is accepted that these may not always be possible or practicable depending on the nature of the work undertaken by an organisation.

Alternatively, business may wish to consider providing electrical charge points and, for those involved in the haulage sector, it may be worthwhile exploring the availability and applicability of hydrogen to their operations, despite technology realistically still being a few years away from wholesale adoption.

As corporate ESG scores increase in importance, especially following the implementation of various sustainability reporting requirements, businesses would be well advised to give careful consideration to actively implementing ‘green’ measures within their day to day operations, including in respect of their transport and travel needs.

Such changes will not come overnight, and will require a concerted effort to achieve them, as well as behavioural and cultural change.

Our next commentary piece will consider how behaviour may be influenced and shaped to assist the transition to green technology. To read our first blog in the series, visit https://pannonecorporate.com/manchesters-move-towards-net-zero/

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The ‘battle of the forms’ is a phrase which is used to describe the common scenario in which contracting parties compete to ensure their standard terms and conditions apply.

In the second of our six-part blog series about commercial contracts we look at the practical ways businesses can ensure their terms and conditions are incorporated into their business dealings, and who is likely to come up trumps in the battle of the forms.

The traditional approach

In the first blog in this series we considered what it takes to form a legally binding contract and examined what is meant by an offer and an acceptance (Commercial contracts: a practical guide for businesses – Pannone Corporate). When considering which contract terms apply, these principles again become important as the court will examine whether there has been an offer to contract on specific terms which has been unequivocally accepted.

This traditional approach can give rise to two contrasting examples:

Where competing terms of business are at play, the court will be looking at the chronology of when offers were sent and the behaviour of the parties in determining the point at which a set of terms has been accepted.

Last shot fired

More often than not, the last set of contractual terms presented without any objections being raised will be deemed as accepted. This is often referred to as the “last shot”.

For example, where a customer places an order on the basis of its standard terms and the supplier responds with its own standard terms, if the customer then proceeds to place the order and accept delivery then the last contractual terms fired will be deemed to govern the relationship (in this case the supplier’s terms).

A misfired shot

A risk for parties is failing to adequately bring terms to another party’s attention.

Standard terms and conditions must be readily available to the other party if they are to be capable of being accepted. If a document is sent by email with terms and conditions on the reverse, those terms must also be emailed if they are to be relied on.

Similarly, if documents are sent with a link to website terms and conditions, the link should be a live link through which the contractual terms can be accessed.

The court will look at all the facts of a case to determine whether or not terms and conditions have sufficiently been brought to another’s attention.

Course of dealing

The last shot fired doctrine can be displaced where the correspondence between the parties or their conduct shows that they intended to contract on some other terms. The court will examine all the evidence in the case to determine the prevailing terms.

For example, where there has been a framework agreement entered into in relation to the terms governing future supplies then a last shot fired may not succeed in overriding that framework. Similarly, where there has been a course of dealing between parties pursuant to one party’s terms then it may be difficult to displace that by shooting across competing terms, without something more.

The wording of a party’s terms may also help to guard against the last shot fired principle. In the case of TRW Ltd v Panasonic Industry Europe Gmbh (2022), the last shot doctrine was not accepted. Instead, the judge concluded that the first set of terms sent (being the seller, Panasonic) applied. Panasonic’s general conditions protected it from falling victim to the “last shot” doctrine, as it disapplied any conditions of TRW that diverged from its own terms, and the parties continued to deal with one another on that basis.

Practical Implications

Losing out in the battle of the forms can have commercially catastrophic consequences for contracting parties. It is therefore important that businesses consider their systems and processes when entering into new contracts to ensure they are legally and commercially protected through the governing terms. In practical terms, businesses should consider:

Finally, if parties do not in fact intend to be bound by contractual terms until a formal document is signed, or further terms are agreed, they should mark all negotiations, correspondence and draft agreements as being ‘subject to contract’ to avoid inadvertently being bound to draft terms.

If you would like to discuss this blog, please contact Sarah Bazaraa on 07920 237599 or by email to sarah.bazaraa@pannonecorporate.com

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Facts of the case

Gabriela Rodriguez worked as a cleaner at the offices of Devonshires Solicitors for two years, via contractor Total Clean. She claims she was sacked last year after Devonshires complained that leftover sandwiches were not being returned. She admits eating a £1.50 leftover tuna sandwich, which she thought would be thrown away. Ms Rodriguez is part of United Voices of the World union (UVW), which claims that cleaners (most of whom are migrant workers) are “routinely dismissed on trivial and […] discriminatory grounds. Many describe feeling like the dirt they clean.”

UVW claims Devonshires would not have complained about Ms Rodriguez if she was not a Latin American with limited English. She has brought claims for unfair dismissal and direct race discrimination against Total Clean, and direct and/or indirect race discrimination against Devonshires Solicitors. Devonshires deny that they made any complaint about Ms Rodriguez and Total Clean maintains that it followed a proper process before dismissing her.

Takeaways

It is difficult to comment on the rights or wrongs of the case without having more detail about what exactly happened. However, it would seem the rules that applied to Ms Rodriguez may not have been clear enough. Many employees would not consider eating a sandwich they believe will otherwise be thrown away as dishonest.  If it counts as dishonesty in your organisation, you should make that clear.

It remains to be seen whether Ms Rodriguez will succeed with her claims or if the matter will even reach a full hearing in the tribunal – but it is certainly one to keep an eye on!

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Over the coming weeks, we will take a closer look at Manchester’s concerted aim to become net zero. We will cover each area of the city’s focus and look at how businesses can play their part in achieving ambitious sustainability targets.

Let’s start at the beginning. Greater Manchester has long been at the forefront of urban decarbonization, and its drive towards net zero continues at pace. The city launched its first plan for collective climate action in 2009, which in turn led to the establishment of the Manchester Climate Change Agency and Partnership.

The measures have had a positive impact and the city was able to achieve a demonstrable reduction of 54% in its carb emissions between 2010 and 2020.

However, the city is not one to rest on its laurels and considered that further reductions were possible, especially in light of national and global aims relating to climate change. Notwithstanding its own significant achievements, Manchester declared a climate emergency in July 2019 and committed itself to halving again its carbon emissions within the next five years.

The city does not operate in isolation and accepts that its own direct carbon emissions make up only around 2% of the city’s total. However, the authority does have power and influence over a range of administrative and infrastructure matters, which it is hoped in turn will themselves contribute to the objectives to be achieved.

What is Manchester doing to achieve net zero?

The city has publicly stated the view that, “everyone has a part to play,” in limiting the effects of climate change and has set out its intentions to achieve net zero carbon in its Strategic Outline Business Plan. The Plan, which is bolstered by bespoke climate action plans for each of the authority’s 32 wards, lists a number of arguments in favour of the move, including establishing the city – and North West as a whole – as a leader in clean energy, which it is hoped in turn will attract private sector investment and help deliver wider social benefits, such as reducing fuel poverty.

The Council has identified 48 actions which can be taken – by itself and the city as a whole – to help focus minds, which can be summarised under the following broad topics:

  1. Buildings and energy
  2. Transport and travel
  3. Reducing consumption-based emissions
  4. Carbon storage and sequestration
  5. Emissions savings.

What objectives are being pursued?

Taking each category in turn:

  1. Buildings and energy

The Manchester urban area, and city centre in particular, is a significant estate and magnet for the use of utilities and energy. It is therefore a prime candidate for savings, in terms of the existing built environment as well as future energy usage. For example, the Council has already stated its commitment to reduce CO2 emissions from its estate and streetlighting by 50% by 2025, and a further 50% by 2030, to be achieved through a programme of retrofitting and local energy generation, including solar farms.

That being said, decarbonisation of the built environment is no easy feat and requires consideration at both the new build and retrofit stages of a building’s life.

In respect of future construction, the Council has produced a Buildings and Energy Strategy for its estate and has produced a Manchester Build Standard for future developments.

The above goes hand-in-hand with the retrofit of existing premises, which includes considerations as broad as the provision of (and energy supply to) heating alternatives, installation of energy-efficient fixtures and fittings, increasing thermal comfort and lowering energy bills.

Going forwards, all developments within the Manchester area will need to be mindful of the city’s drive towards net zero, and will have to incorporate sustainable concepts and energy efficiency into their construction proposals, including energy generation and usage. Not only has the Council declared that it will give additional weighting to environmental credentials in future tenders, but companies themselves are becoming more alive to the importance of ESG scores, which are featuring more prominently in pre-contract discussions.

  1. Transport and travel

There is a balance to be struck between improving liveability and ensuring access into the city centre and other areas within the authority’s control through low-cost public transport, and ensuring that such travel and opportunities are provided on solid environmentally friendly credentials.

In connection with its own vehicles, the Council is replacing its fleet with electric vehicles and charging infrastructure, which is estimated will save around 900 tonnes of carbon annually (c.£9.8 million). The move towards electric vehicles is a huge logistical exercise, which will be decades in the transition, but is nonetheless one the Council is eager to pursue.

As laudable as the aim is, there are clear logistical hurdles in the way. For example, not only are there immediate and significant financial costs associated with the decarbonisation of travel, but the technology remains very much in its infancy and at developmental stage. Additionally, were these obstacles to be overcome, there are planning and spatial issues arising in connection with the installation of electric charging points. It remains to be seen what volume of energy generation will be required to realise the objectives, which leads to the question as to how that energy is to be produced in the most cost-effective and environmentally friendly way to allow green travel to remain a viable alternative.

Whilst there is ongoing discussion around the possible use of hydrogen as an alternative fuel source, to date these exchanges have focussed on haulage and logistics as opposed to domestic travel. Despite its relative cleanliness, the use of hydrogen does come with its own significant risk factors.

  1. Reducing consumption-based emissions

There are a number of measures being taken, at both local and national level, to reduce consumption-based emissions and those arising from supply chains generally. For example, mirroring measures taken by central government, Manchester has indicated its intention to phase out single-use plastics and other non-recyclable products.

The last few years have seen an increasing behavioural and cultural shift towards the circular economy, and away from the take-make-use mentality. The national government has stated its desire to avoid all avoidable waste by 2042 and although this objective will not be achieved overnight, regulations are already in force working towards this aim, such as the successful introduction of the plastic carrier bag charge in 2015, and the prohibition on sale and supply of plastic straws and single-use cutlery.

In addition, the UK has recently seen the introduction of the Plastic Packaging Tax and Extended Producer Responsibility regulations, both of which serve to impose waste management cost obligations on businesses for the packaging they generate and handle.  Whilst the purpose of these regulations is to encourage and incentivise durability, repairability and recycling, and move away from disposal as the default option at a product’s end of life, the additional costs generated are almost certainly going to be passed on throughout the supply chain.

Businesses need to start considering now whether any of their produced items can be redesigned using environmentally friendly components, or re-packaged in a way that supports environmental targets.

  1. Carbon storage and sequestration

Manchester is eager to promote carbon storage solutions, and has introduced a Green and Blue Infrastructure Strategy which includes an intelligence-led approach to tree and hedge planting.

To date, over 7,000 trees have been planted, as well as five community orchards, with the aim of not only increasing the aesthetic attractiveness of the urban area, but also to best position the city ahead if expected future climate changes. 

  1. Influencing behaviour

The Council is eager to be seen as leading by example and, in turn, influence the behaviour of others. For example, to date it has embedded zero carbon as a priority into its Service Plans, has appointed three Neighbourhood Climate Change Officers, and has arranged both private and public lobbying of the GM Pension Fund to divest from investment in fossil fuels.

That being said, change will not come overnight and there also needs to be a degree of consensus and agreement as to how and in what way cultural changes are expected to occur. There is already discussion within the UK, as well as other countries, regarding the implementation of ’15 minute cities,’ programmable digital currency and, at its extreme, social credit scores. These are highly overt ways of compelling an expected behaviour, but are likely to meet resistance in the event of their unilateral imposition.

At this stage, the Council encourages individuals to take responsible actions – which can also be replicated across businesses – including:

Conclusion

The Combined Authority states that it ‘takes climate change seriously,’ and the objectives it seeks to achieve are to be welcomed. The decarbonisation objectives are not simply to meet Government guidelines, but are also intended to provide a framework for others to follow and to improve the lives of those living and working within Manchester.

However laudable the objectives are – at both a local and national level – they are not without their real and significant obstacles, which do need to be addressed before the aims can be fully realised.  Certainly, the objectives cannot be achieved overnight, in isolation, nor by one city alone. That is not to say that the aims should not be pursued, but they do require a considered and coordinated approach across numerous authorities.

Although many of the details as to the future landscape and specific actions expected of both businesses and individuals remain to be confirmed, the direction of travel is clear.

In the absence of a statutory compulsion to do so, we recommend that businesses undertake an internal review of their systems, production methods and environmental impact as soon as possible, to identify areas where more could perhaps be done. This process will help to position organisations in the most favourable position for further environmental regulations, which are undoubtedly on the horizon, and will also help work towards those collective aims intended to be achieved by the Combined Authority.

In our next blog in the series, we will cover the issue of transport and travel.

Picture: The Tower of Light – Manchester’s low-carbon energy centre (credit: Philip Openshaw)

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Pannone Corporate has advised APRIL Group, the leading wholesale insurance broker in France and Europe, on the cross-border acquisition of Lexham Insurance, a specialist two-wheeler insurance broker.

Lexham was established in 1999 and has since become a leading provider of moped, scooter and motorcycle insurance in the UK.

The acquisition reinforces APRIL’s ambition to expand its international footprint in specialist personal property and casualty (P&C) niche insurance, such as two-wheeler insurance, building on its presence in France and Spain. As part of the deal, Lexham CEO, James Miller, will continue to lead the business with his team.

Pannone’s corporate team included partner Tom Hall who co-led the deal with director Andrew Walsh, with further support from Belinda Cheung and Georgina Bligh-Smith.

Hall said: “This is a fantastic deal to kick the year off with – one that demonstrates the continued appetite of overseas investors and trade buyers, seeking to scale their operations internationally through strategic buy and build opportunities.

“APRIL has built up an excellent reputation in the European two-wheeler insurance sector and the acquisition of Lexham Insurance marks an important step in expanding its presence in the UK market.”

APRIL has a network of over 15,000 partner brokers internationally. With 2,400 employees, the company provides health and personal protection insurance, loan insurance, international health insurance (iPMI), property and casualty niche insurance and savings in investment products.

Marc-André Dupont, Head of APRIL Group property and casualty division, said: “We share Lexham’s passion for customer service and its recognised expertise in network management. With James Miller, who will continue to lead Lexham, we have begun to identify synergies that will enable us to create value across Europe.

Lexham Insurance offers in excess of 20 different insurance products, including quad insurance, car insurance for motorcyclists, motorhome and camper, as well as motor trade and commercial insurance. It employs 200 employees across three UK offices.

Other advisors on the deal were:

Photo credit: Milos Muller

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In the first of a six-part blog series from Pannone’s dispute resolution team, we take a closer look at commercial contracts, focusing at those elements which give rise to the risk of disputes, and how best to navigate those challenges.

Parties may believe that they are embroiled in a contract dispute, but the first question for the court will be “is there a legally binding contract in the first place?” In this blog, we examine the requirements for the formation of a legally binding and enforceable contract.

The five requirements for a legally binding contract

A contract gives rise to legally enforceable rights, obligations and remedies. It’s therefore important to consider whether or not a legally binding contract has been formed.

It’s not necessary for a contract to be documented in order to be legally binding. A contract can be formed whether made in writing or verbally.

However, there are five key requirements which must be present to form a legally binding agreement. These are:

  1. an offer
  2. acceptance
  3. consideration
  4. a mutual intention to create legal relations
  5. certainty of terms.

Let’s take a closer look at each of these.

1          Offer

What is an offer?

An offer is defined as “an expression of willingness to contract, made with the intention that it shall become binding upon the person making it, as soon as it is accepted by the person whom it is addressed”. In other words, an offer is a promise made to enter into a contract.

When is an offer not an offer?

It’s important to distinguish between an offer to contract from what is commonly known as an ‘invitation to treat’. Parties need to consider whether the proposal which is made is intended to give rise to a legally binding contract (an offer), or whether it’s made with the intention of entering into negotiations (an invitation to treat). An example commonly given for an invitation to treat are goods displayed in a shop window. An invitation to treat will not amount to an offer to contract.

Can an offer be withdrawn?

An offer can be withdrawn before acceptance has taken place. This can happen in a number of ways. For example, an offer may give a deadline for acceptance. If the offer expires, the offer may not be capable of acceptance. If there’s no specific deadline for acceptance, the courts deem the offer to remain open for a reasonable amount of time. A ‘reasonable amount of time’ will depend on the particular circumstances of the case.

2          Acceptance

When is a contract formed?

A contract is typically formed, and therefore becomes legally binding, at the point of acceptance. Acceptance is the final confirmation that the terms of an offer are agreed. Acknowledging receipt of an offer will not constitute an acceptance. Instead, acceptance should clearly signal an intention to be bound by the terms of the offer. When assessing this, the court will apply the reasonable person test, i.e. would a reasonable person standing in the shoes of the person making an offer find that there is a clear intention to accept the terms of the offer and subsequently form the contract.

Acceptance of an offer can also be demonstrated by way of conduct which evidences an intention to accept the offer.

Is it an acceptance or is it a counteroffer?

In order for an acceptance to give rise to a binding contract, it’s important that the specific terms of the offer have been accepted. If alternative terms are proposed, this will not amount to an acceptance of the offer, but will instead amount to a counteroffer. A counteroffer amounts to a rejection of the original offer so that no contract exists. Querying something, or seeking clarification about the terms of the offer, will not, however, amount to a counteroffer.

3          Consideration

What is consideration?

The requirement for consideration is in essence the principle that you cannot get something for nothing. It’s centres on the idea that a party cannot enforce a promise unless it has given or promised something in exchange for it. The law does not interfere with the bargain struck between two parties and so will not test whether consideration is adequate, so long that the consideration has a value, even if that is a pound.

Who must the consideration move between?

Consideration must move from the party who seeks to enforce a promise, as this is in line with the doctrine of privity to a contract, i.e. only those privy to the contract can enforce the rights under the contract. However, the consideration does not necessarily have to move to the person who makes the promise.

Does past consideration count?

Consideration which is given at some time in the past is not a valid form of consideration, this being an act which has come before the promise was made and therefore not something of value.

4          Intention to create legal relations

Why is this important?

If the courts determine an agreement was reached without a mutual intention to create legal relations, that agreement will not be legally binding.

What is required?

When considering whether the parties had the necessary intention to create legal relations, the courts will consider the conduct of the parties and all the relevant circumstances. If an intention is disputed, the onus is on the party who claims there was no intention to prove this allegation. In order to avoid any ambiguity, it’s beneficial for parties to clearly identify their intentions from the outset.

The business presumption

Businesses should be aware that there is a presumption that there is an intention to create legal relations in commercial circumstances. In the event a party objects to there being a presumed intention, the onus is on that party to prove otherwise.

5          Certainty of terms

Are the terms clear?

For there to be a legally binding contract, there must also be certainty of terms. This requires all the essential terms that form the contract to be complete and free from ambiguity. If an agreement omits a material term or is uncertain, this may lead to the agreement not being capable of being enforced.

The court’s approach

In assessing whether essential terms have been agreed, the court will assess whether an honest and reasonable businessperson would have concluded from the parties’ communications and conduct that they had agreed all the terms they considered to be a precondition to creating legal relations.

Generally speaking, the court will not wish to interfere with agreements reached between two commercial parties. However, in certain circumstances, the court does have the ability to fill in gaps in a contract to give effect to the parties’ intentions. This will depend on all the circumstances of the case.

What’s next…

Our next blog post in this series will examine the ‘battle of the forms’ and how to ensure that your contract terms govern your business relations.

If you would like to discuss this blog, please contact Paul Jonson on 07737571147 or by email to paul.jonson@pannonecorporate.com

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Although the media interest surrounding the Awaab Ishak inquest focussed on the presence of damp and mould, there were other matters arising in evidence in that case which have not been touched upon as extensively by the press. That is not to minimise the possible risks that may be associated with extensive exposure to mould, but rather to put in context that there are many other hazards and concerns which can be associated with domestic premises, all of which may require investment and attention from the property owner.

The Social Housing (Regulation) Act 2023, which was already in draft form prior to the Awaab Ishak inquest, was amended in light of the Coroner’s conclusion in that case to include a specific obligation on social housing landlords to investigate and repair, within a specified timescale, “prescribed hazards,“ which were reported from their housing stock

These additional obligations were proposed to form part of tenancy agreements, and were intended to provide tenants with an enhanced course of redress against landlords who were considered to be failing in their maintenance duties.

The Government has now launched a consultation which considers proposals for the full implementation of Awaab’s Law.

What are the proposals?

The consultation offers seven proposals for comment, being:

  1. If a registered provider is made aware of a potential hazard in a social home, they must investigate within 14 calendar days to ascertain if there is a hazard.
  2. Within 14 calendar days of being made aware that there is a potential hazard in a social home, the registered provider must provide a written summary of findings to the resident that includes details of any hazard identified and (if applicable) next steps, including an anticipated timeline for repair and a schedule of works.

Whilst the consultation makes clear that physical visits to properties may not always be necessary, where remote viewing/ information sharing is possible, this requirement does imply and require a certain level of knowledge by the investigator to understand the potential hazards, and make a determination as to their severity.

  1. If the investigation indicates that a reported hazard poses a significant risk to the health or safety of the resident, the registered provider must begin repair works within 7 calendar days of the written summary being issued.

In determining whether a hazard poses a risk to health and safety, the consultation encourages landlords to consider any specific vulnerabilities of residents of which they are aware, with the overall approach being one of proactivity. Supportive medical evidence will not be required to determine the risk.

  1. The registered provider must satisfactorily complete repair works within a reasonable time period. The resident should be informed of this time period and their needs should be considered.

The explanatory notes which accompany the consultation detail that specific timescales for completion of works should reflect the nature of the problem, as well as being proportionate to the scale of repair as well as taking into account the needs of the residents.

  1. The registered provider must action emergency repairs as soon as practicable and, in any event, within 24 hours.

The explanatory notes confirm that ‘emergency repairs’ are those which present a significant and imminent risk of harm.

  1. In the event that the investigation finds a hazard that poses a significant, or a significant and imminent, risk of harm or danger, and the property cannot be made safe within the specified timescales for Awaab’s Law, the registered provider must offer to arrange for the occupant(s) to stay in suitable alternative accommodation until it is safe to return.
  2. The registered provider will be expected to keep clear records of all attempts to comply with the proposals, including records of all correspondence with the resident(s) and any contractors. If the registered provider makes all reasonable attempts to comply with the timescales but is unable to for reasons genuinely beyond their control, they will be expected to provide a record of the reasons that prevented them from doing so.

Overview of costs

The Government is unable to estimate the net additional costs of the proposals however they are considered likely to be small, on the basis that aside from specifying the response time, Awaab’s Law goes no further than re-stating landlords existing obligations.

The consultation itself states:

Social landlords already have a responsibility to maintain their homes to meet the Decent Homes Standard… to remedy disrepair, and to maintain homes so that they are fit for human habitation. To be fit for human habitation a home must be safe, healthy and free from things that could cause you or anyone else in your household serious harm. Therefore, the duty to make repairs to reported hazards is not a new burden on landlords, and the costs associated with the investigation and repair timescales are likely to be minimal, as the additional burden is the speed at which repairs need to be responded to, not the repairs themselves.

Familiarisation costs for year one are estimated in the region of £1.6 million, with the costs associated with the provision of a written summary of hazard findings anticipated in the region of £154 million.

The key driver behind the consultation is for social housing landlords to take faster action in responding to hazards within a home that are significantly impacting a resident’s health and safety. The consultation goes on to consider that the remediation of hazards will serve to stop the deterioration of these issues and may even improve mental health and wellbeing, on the basis that, “remedying disrepair in a timely fashion means residents feel their complaints are taken seriously, their pride of place is heightened, and they will feel happier to be at home. These health improvements are likely to result in a reduced burden on the NHS, with fewer housing relating issues resulting in residents requiring medical attention. There are also likely to be wider societal benefits of reducing health and safety hazards in homes, such as reduced instances of lost productivity due to ill health.”

Commentary

Awaab’s Law, and the proposals currently open for consultation, were introduced following the media frenzy flowing from the November 2022 inquest. However, without more long-term investment and increased funding streams, social housing providers are likely to continue to be placed in an impossible position. In the absence of a blank cheque, it is a difficulty that is not easily resolved.

Whilst the objectives are laudable, as the consultation itself accepts, the proposals are not novel in themselves and re-state existing obligations. What is liable to change however is the time within which those activities need to be put in hand. This may present an immediate logistical problem for many, especially smaller organisations which may have fewer/ more limited resources, and fewer bodies on the ground to put in hand the required attendances when required.

On the resources issue, although the government does not anticipate significant costs, those funds still need to be sourced, and any monies incurred as part of the expected ‘familiarisation’ period will not be available for other projects, such as the construction of new build homes, or upgrade of existing stock. Without downplaying the seriousness of health and safety risks, the remediation of issues in one property may result in a net loss for the stock as a whole if funds are not otherwise available – for example, to fund replacement fittings or new build projects.

Awaab’s Law is also restricted to the social housing sector and does not affect private sector landlords. The occurrence of mould – and other residential hazards – is not exclusive to the social housing sector, yet the proposals are likely to result in an imbalance between the private and the social housing sector, with the latter benefitting from generally faster remediation.

Additionally, tenants owe a duty to behave in a ‘tenant-like manner’ during the life of their lease. However, the current proposals risk severing that responsibility and shifting the responsible burden onto already over-stretched and under-funded social landlords and may, at their extreme, require a landlord to repair a hazard regardless of their genesis or the manner in which they have arisen.

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Pannone Corporate has advised on the sale of Eco-Readymix Ltd, a leading producer of mortar and concrete in the North West.

The company, which was established in 2004 and has sites in Wrexham and Ellesmere Port, was acquired for an undisclosed sum by Aggregate Industries, a member of the Holcim Group. The acquisition will reinforce Aggregate Industries’ position in the North West market and also help establish its place in the UK mortar market.

Pannone’s corporate team advised the shareholders of Eco-Readymix. The team included corporate partner, Tom Hall, Bez Borang and Sam Roberts. They were supported by James Harris, partner in the real estate team.

Hall said: “This is a fantastic deal. A regional business that is anchored in a traditional sector, but is forward-looking in its approach, particularly around sustainability and the environment.

“We’re delighted to see the business attracting the attention of a heavyweight, such as Aggregate Industries, and we will watch with great interest as the combined businesses make an even greater mark on the North West market.”

Eco-Readymix produces Ready to Use mortar and Dry Silo Mortar and serves national house builders, groundworkers and civil engineering firms alongside the domestic market.

It also produces ready mix concrete, liquid and traditional screed, concrete masonry blocks and aggregates. The company has strong sustainable credentials. Its Wrexham site is almost entirely powered via a biomass system alongside both wind and solar power. It employs 52 people across its sites.

Dragan Maksimovic, Chief Executive Officer of Aggregate Industries UK, said: “We are delighted to be able to announce the acquisition of Eco Readymix and welcome them to Aggregate Industries.

“As a business, it has clear sustainable values very much in line with our own and will strategically add to our strong footprint in the North West.

“This also marks our entry into the UK mortar market with a knowledgeable and ambitious management that has multiple synergies with our own. The acquisition supports our long-term strategy to continue to grow our business in order to become the UK’s leading supplier of sustainable construction materials and solutions.”

Picture credit: Iryna Melnyk

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Calls for a ‘Hillsborough Law’ and increased accountability of public servants have been voiced for many years.  However, despite a number of independent inquiries and investigations, litigation and even draft legislation being prepared, it appears that any such law may now essentially be stagnant.

Whilst the draft Public Accountability Bill (also known as the Hillsborough Law) sought to establish a statutory duty of candour – being an obligation on public servants to be open, transparent and honest following public disasters – these proposals will not now proceed any further, at least not in the current session of Parliament.  Rather than enact legislation and subject it to parliamentary scrutiny, the Government has, instead, indicated it will sign a comparable Charter.

What does the Charter say?

The Charter responds to Bishop James Jones’ previous report published in 2017, in which he identified 25 points of learning.  One of the key recommendations within this was the creation of a Charter for families bereaved through public tragedy.  This Charter seeks to ensure that the lessons of the Hillsborough disaster and its aftermath, are learned, to prevent those who are affected by public tragedy in the future from having the same experience.

The Charter lists six key points as to how the Government is committed to acting in practice, within the confines of the existing rules, regulations and codes.  The six rules are:

  1. In the event of a public tragedy activate its emergency plan and deploy its resources to rescue victims, to support the bereaved and to protect the vulnerable.
  2. Place the public interest above out own reputation.
  3. Approach forms of public scrutiny, including public inquiries and inquests with candour, in an open, honest and transparent way, making full disclosure of relevant documents, material and facts.  Our objective is to assist the search for the truth.  We accept that we should learn from the findings of external scrutiny and from past mistakes.
  4. Avoid seeking to defend the indefensible, or to dismiss or disparage those who may have suffered where we have fallen short.
  5. Ensure all members of staff treat members of the public and each other with mutual respect and courtesy.  Where we fall short, we should apologise straight forwardly and genuinely.
  6. Recognise that we are accountable and open to challenge.  We will ensure that processes are in place to allow the public to hold us to account for the work we do and the way in which we do it.  We do not knowingly mislead the public or the media.

Hurdles to implementation

However, far from addressing the concerns highlighted by those affected by the Hillsborough tragedy, as well as other public disasters, the Charter is considered by those who are intended to benefit from it, as falling far short of the mark. Not only does a Charter lack the weight of its statutory counterparts, but in addition there are serious and fundamental procedural questions which need to be addressed before for any such duty can achieve its intended aims.

Primarily, it remains unclear exactly what is intended by ‘candour’ other than a general duty to be open and honest. In any event there is an inherent tension with a potential defendant’s right to silence: where someone asserts that right, they are unlikely to be guilty of lacking candour – and to hold otherwise would fundamentally undermine well established principles of criminal justice. However, the idea that any assertion of the right of silence should be subject to third party scrutiny or assessment of reasonableness is seismic to say the least.

Another difficulty with the Charter is that it leaves open to interpretation the definition of a public tragedy. The answer may be that the public will know a tragedy when they see one, but the definition cannot simply be determined by the number of people injured or who have died. To set any such arbitrary distinction risks severe unfairness and injustice.  In addition, the Government’s pledge to activate its emergency plan and deploy resources to rescue victims and support the bereaved is perhaps only a restatement of the current emergency services framework and is not really an extension of the existing procedures already in place.

In respect of the Charter’s pledge regarding public inquiries and inquests, the granular detail which supports this pledge states, “full disclosure may not always be possible in relation to broader scrutiny, or enquiries…in signing the Charter, the Government is not intending to widen the disclosure obligations which currently apply, or to narrow the well-established exceptions to those obligations”.

One of the issues which arose from the various inquiries into Hillsborough, was the potential withholding of information and lack of disclosure.  However, the Charter does no more than to simply re-state the current framework regarding disclosure and expressly does not seek to expand the current regime.  It is unclear, therefore, how this pledge marks any form of change than what has already gone before.

In addition, whilst there may be a very strong moral imperative for public servants to be open and honest following tragedies, absent a ‘stick’ with which to enforce compliance and punish breach, there remains a question as to how compliance will – or even can – be enforced.

However, there does not appear to be any comparable or tangible ‘carrot.’ In the absence of an acknowledged benefit or (financial) incentive for being candid, a potential defendant to further investigation is likely to consider themselves caught between a rock and a hard place.

Conclusion

Whilst a Hillsborough Charter is broadly to be welcomed and may be seen to go some way towards addressing the concerns and queries raised by the families following that disaster and subsequent litigation, there is also much commentary that it simply falls far short of the expected mark and does not go as far as anticipated.

As the Charter does not have statutory force, it is not clear what the consequences of breach may be for us who act in contravention of it.  Possibly not much.

In parallel with the Hillsborough Charter, the police Ethical Code of Conduct now includes a duty of candour, but aside from any disciplinary proceedings arising in respect of individual officers, it is not clear how the pledges are to be enforced.  By its nature, the criminalisation of particular activities rests in the procedural ability to impose a penalty for non-compliance  However, in the absence of statutory footing for the Hillsborough Charter, there is no stick and it is difficult to see how breach, or non-compliance can be enforced.

That being said, the law does not operate in a vacuum and were the Hillsborough law to be enacted in the terms previously suggested, this would potentially cause significant tension within the criminal justice system and simply could not be imposed unilaterally without detailed and considered consideration of parallel issues which would be affected.

The Labour Party have indicated, in its manifesto, that it will reconsider a manifesto pledge around the Hillsborough law and the results of a general election in 2024 remain to be seen.  Whilst it may be the case that any future Labour Government considers that the Hillsborough Charter, as exists, is sufficient, this is unlikely to satisfy those who have been personally affected by the Hillsborough law and who do not consider that the Charter has, in fact, gone far enough.

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The draft wording of the Terrorism (Protection of Premises) Draft Bill (also known as ‘Martyn’s Law’) continues to work its way through Parliament, and following its inclusion in the King’s Speech.

Whilst some aspects of the Bill have recently been subject to scrutiny and criticism, the fundamental purpose of the draft is to be welcomed.

Although identification of ‘lone wolf’ individuals, their methodology and where and when they may attack are often difficult to predict, such ‘low complexity’ attacks are no less deadly than those committed by organised terrorist groups and it is only correct that all businesses prepare for the unthinkable.

The draft Bill, also known as Martyn’s Law in honour of Martyn Hett, who was killed during the 2017 Manchester Arena attack, seeks to address this issue by imposing proactive security measures on organisations that may be subject to terrorist attack.  Specifically, the Bill requires those responsible for certain public premises to expressly consider the risk from terrorism and implement reasonably practicable and proportionate mitigating measures in response. The Bill also proposes to establish an inspection and enforcement regime, to ensure compliance with the legislation once it comes into force.

Which premises are caught?

The definition of ‘qualifying public premises’ is wide and includes premises used for:

To be caught by the definition, and the additional duties imposed, the public must have access to the premises which themselves must have a capacity for 100 or more individuals.

Certain ‘qualifying public events’ are also caught by the provisions, which includes events held at premises which are not qualifying public premises, but to which the public have access and have capacity for 800 or more individuals.

What is the duty that is imposed?

Different duties apply depending on the size of the qualifying premises, with those having a public capacity of 800 or more individuals being classed as an ‘enhanced duty premises.’ Other public premises are subject to a ‘standard duty’.

In either scenario, the duties are imposed on the person (or persons) who has control of the premises for their relevant use, or the qualifying public event.

In addition to being obliged to register the premises, the responsible person must also:

A standard evaluation must be reviewed every time there is a material change to the premises or its use, as well as within 12 months of the previous review.

The evaluation should include information as to the:

Where the enhanced duty applies, the responsible person must also prepare a terrorism risk assessment at least three months before the date of the event taking place. The draft Bill explains that a terrorism risk assessment is an assessment of:

What are the responsibilities?

The draft Bill serves to impose additional duties on those responsible for qualifying premises.

For example, Martyn’s Law if enacted in its current form will oblige those responsible to provide terrorism protection training, and to implement prescribed security measures and plans in the event of an attack.

Enforcement

Obligations under the Bill will be monitored and enforced by local authorities, using a ‘reasonably practicable’ test to assess what is proportionate in any given situation.

If contraventions are identified then the Bill provides for notices to be served, as well as the imposition of financial penalties. Of note, the maximum penalty in respect of standard duty premises is £10,000, but for those subject to the enhanced duty is the greater of £18 million, or 5% of qualifying global revenue.

Failure to comply with a notice which has been served will be an offence, being punishable on conviction by up to two years custody and/ or an unlimited fine. In addition, individuals within an organisation may also be guilty of an offence if the corporate’s offending is shown to have been committed with their consent, connivance or neglect.

Conclusion

The aims of the Bill are commendable, and have been prepared following consultation with various parties in the aftermath of the Manchester Arena attack in 2017. The specific and deliberate focus on the risk of terrorism is to be welcomed and it is hoped that the Bill is able to complete its passage through Parliament as soon as possible.

However, the proposals are not in themselves novel and largely reflect and mirror existing duties imposed on organisations and businesses in respect of day-to-day health and safety management. Where this legislation differs however is that it prescribes the risk (terrorism) to be expressly considered and requires relevant organisations to proactively prepare in anticipation of that risk materialising.

The additional inspection and enforcement responsibilities come at a time when local authorities are financially stretched and it will be interesting to understand from where the additional funding and resources to achieve this aim will be sourced. For example, the impact assessment which accompanies the draft legislation estimates that the total set-up and on-going cost of Martyn’s Law to be between £1.1 billion and £6.3 billion.

In addition, criticism has been levelled at both the arbitrary capacity cut-off figures – given that acts of terrorism do not usually abide by such distinctions – as well as the potentially disproportionate cost which will be imposed on small and medium-sized venues. Whilst the Bill, if enacted, will certainly increase provider knowledge, it remains unclear how it will provide a benefit to venues, given the random and often unforeseeable nature of terrorist activities.

To discuss this in more detail, contact associate partner in Pannone Corporate’s regulatory team, Bill Dunkerley.

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Once again, both individual lawyers and teams at Pannone Corporate have featured strongly in this year’s Chambers 2024, consolidating the impressive showing in the Legal 500 rankings, which were announced last month.

Chambers and Partners identifies the best law firms globally, from multi-nationals to boutiques, based on independent research and analysis of feedback from clients, peers and the wider market.

Highlights from this year’s Chambers 2024 include:

So, what do our clients say about us?

Corporate: “They understand the market and the needs of clients and formulate them into pragmatic solutions.”

Employment: “A great all-round team of high-level thinkers with the ability to transfer that knowledge into actionable solutions.”

Litigation: “No stone is left unturned and every correspondence is well considered.” 

IT: “Pannone’s commercial awareness is a key distinguishing factor of them as a firm.”

Commenting on this year’s results, senior partner Paul Jonson said: “It’s excellent to see such positive feedback from clients, highlighting our strong and client-orientated approach, robust and highly professional advice, ability to translate complex legal matters, and a clear commercial awareness – all important and consistent qualities across the firm.”

Chambers produces annual rankings of teams and individuals according to their area of specialism. They take into account: client service; technical legal ability; depth of team; commercial vision and business understanding; diligence and value for money.

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Welcome to our latest IP update – insight into the most recent cases and developments in IP law. We’ll uncover the news stories most relevant to you and provide insight into what they mean for your business.

To find out more, click here 

If you have any questions about the updates or any IP issues or challenges you’re facing, please contact Melanie McGuirk or Grace Astbury.

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Pannone Corporate has strengthened its cross-sector expertise, after being appointed by a trio of high-profile clients – TalkTalk, Silentnight, and ExamWorks.

The North West law firm will provide legal support to UK connectivity provider, TalkTalk, which operates Britain’s biggest unbundled broadband network, while the firm has also recently been appointed by renowned sleep brand, Silentnight.

In addition, Pannone has joined a panel of external advisers for ExamWorks – a market leading service provider to the insurance, legal, and healthcare sectors. The company specialises in a range of services, including accident aftercare, medical reports, health assessments and rehabilitation treatment.

Paul Jonson, senior partner at Pannone Corporate, said: “We’re delighted to be appointed by such respected brands – each of which has carved out a strong, market leading position in their chosen sectors. To be aligned with key industry players is a step forward in our growth journey.

“It’s also really pleasing that each of the brands is North West born and bred, while possessing a national and international reach that demonstrates the strength and depth of our regional economy. We look forward to working alongside TalkTalk, Silentnight, and ExamWorks moving forward.”

Earlier this year, Pannone was appointed by The Lowry, New Balance and Beauty Bay, strengthening its retail and leisure credentials.

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Pannone Corporate has been recommended as top tier in two practice areas and also recommended in a further ten practice areas in The Legal 500 2024 edition released yesterday.

Here are some highlights from what our clients had to say:

 

Commercial litigation 

“Direct partner contact, in-depth subject expertise and competitive rates due to its size and structure which makes it stand out in the Manchester and national market.

“Pragmatic yet thoroughly detailed advice together with responsiveness and quick turn-around times – an invaluable resource for a busy in-house team.”

“Collaborative, responsive, thoughtful and with a deep knowledge and understanding of our business.”

 

Commercial property

“The team is very experienced and offers a personalised service. They are highly knowledgeable and able to represent the core interests of their clients without prompting.”

A smaller team that offers a big company service and an ethos personalised to the needs of the client.”

“Valued members of their team and ours. They are always available and ready to answer quick questions and give advice.”

 

Contentious trusts & probate

“Sound, intelligent advice and support.”

“Exceptional advice and persuaded me to agree to mediation. This proved to be excellent advice and helped achieve a fantastic result, avoiding court costs.”

“Client-focused and provide realistic straight-talking advice in a manner clients can easily understand. They are very experienced around the legal issues but also have their eye on costs.”

 

Corporate & commercial

“Able to manage demanding and challenging stakeholders – always with a smile on their faces.”

“Highlights risks in a commercial manner. Doesn’t labour incidental points, a characteristic that helps keep processes moving and on track.”

“Always has a solution when required to get through a log-jam and able to manage diverse stakeholders to ensure a consensus solution is found.”

 

Debt recovery

“Pannone are very good at replying and explaining their process. We can call them anytime and they pick up – not the case with other firms.”

“The personal touch and the relationships with people at Pannone. They have held inhouse training at their Manchester office to help myself and my staff understand the legal process.”

  

Employment

Supported several very complex cases and always quick to respond, giving excellent and considered advice. They understand our business and some of the difficulties we face and apply this when giving advice.”

“‘We have built a strong relationship with the whole team and no matter what the issue, any of them can be approached and you can trust that if it is not their area of expertise they will liaise with the subject expert within the team before providing advice.”

“Their employment law knowledge is fantastic, and they present this in a simple yet effective way.”

 

Health & safety

“An outstanding partner to myself and the whole business. Nothing is too much trouble.”

Undoubtedly the firm to watch in the North West, buckets of experience mixed with in-depth knowledge of the regulatory landscape means the firm is going from strength-to-strength.’

“The class act of the North’

  

Insolvency & corporate recovery

“A very commercially sound and technically gifted team who provide an excellent service.”

“Excellent technically and commercially, and fun to work with.”

“Strong technically, very commercial, results-orientated and well-respected in the market.”

“A good communicator and always willing to take a commercial view.”

 

Intellectual property

“Pannone have kept up with us every step of the changes in our organisation, and their diligent handling of our cases has played a significant part in our organisation’s success post-pandemic. They are consistently a pleasure to deal with – no matter the query or the request, the team work tirelessly to meet our expectations.”

 

IT & telecoms

“Adept at providing commercial and pragmatic advice which comes from being experts in the sector.” 

“Manages to provide the right level of advice for our business without over-engineering it.”

  

Media & entertainment 

“Highly professional, supportive and excellent advice”

“An ability to see around corners…always my first choice.”

 

Property litigation

“A very cohesive and proactive team, which is essential to support our sometimes urgent and time-critical requirements.”

  

Notable individuals

Hall of Fame

Melanie McGuirk – Intellectual Property

Tim Hamilton – Corporate and Commercial

 

Leading Individuals

Amy Chandler – Intellectual Property

Amy Chandler – IT and Telecoms

Nicola Marchant – Contentious Trusts and Probate

Paul Jonson – Commercial Litigation

David Brown – Property Litigation

Melanie McGuirk – Media and Entertainment

Jack Harrington – Employment

David Walton – Health and Safety

Next Generation Partners

Gemma Staples – Property Litigation

Jonny Scholes – Contentious Trusts and Probate

Rising Stars

Sarah Bazaraa – Intellectual Property and Media & Entertainment

Arshnoor Amershi – Corporate and Commercial

Andrew Walsh – Corporate and Commercial

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Natasha Mafunga joined Pannone Corporate at the start of the year as a solicitor in the dispute resolution team. In the latest in our blog series, My Life in Law, Natasha reflects on the first nine months of her at career at the firm, her love of people and problem solving, what she would do if she was managing partner for the day and the Broadway career that never was!

Tell us a little bit about your role at Pannone?

I work in the dispute resolution team and, since I joined in January, I’ve developed a mixed caseload consisting of commercial litigation work on the one hand and contentious probate and trusts work on the other.

That’s what really appealed to me about the job – I liked the idea of doing commercial litigation work alongside contentious probate and trusts. What’s more, the firm has a clear progression route and invests in the development of its people – people who, I might add, are absolutely lovely to work with, which applies across all teams!

What route did you go down, in terms of training and qualifications?

After completing my A-levels in Law, Psychology and Sociology, I went down the ‘traditional’ route of getting my LLB undergraduate law degree at the University of Chester, before getting a training contract and qualifying. I was able to do my training contract alongside my LPC MSC in Law, Business and Management, which I did part time. It was tough at times juggling work and doing my LPC, but I managed to get through it fairly unscathed!

Why did you choose this route?

I didn’t really consider any other route at the time. I was lucky enough to be able to get a postgraduate loan for my LPC, as I was doing it alongside my masters. This meant that I didn’t have to worry about how I was going to fund my course.

Tell us what does a typical day look like?

No day is ever really the same. It usually starts of with me updating my to-do list from the previous day, checking my calendar for upcoming meetings and deadlines and trying to get my head down with the hopes of crossing a task off the list. My tasks can range from having phone calls with clients, opponents and third parties, responding to emails and drafting letters and court documents, all the way through to attending conferences with counsel or even court hearings. It’s always important to keep an eye on upcoming deadlines and have the Civil Procedure Rules to hand at all times.

What is the most satisfying aspect of your job?

I enjoy working with people and problem solving. The work I do as part of the contentious probate and trusts team especially allows me to see how much of a real difference my colleagues and I can make to people’s lives, often in very sensitive and stressful circumstances.

Looking ahead, what are your career ambitions?

Simply put, I want to be the best solicitor I can be in my areas of specialism and provide a great service to my clients. In doing that, I trust that I will always be rewarded with progression. Who knows, it might lead me to joining the partnership one day.

Talking of being a partner, if you were managing partner for the day, what’s the first thing you would do? 

I like the idea of a 30-minute wellness session where employees can do some simple yoga, meditation or breathing techniques to clear the 1,000 tabs that are always open in our minds at any one time.

Keeping your managing partner hat on, what can lawyers / the legal profession do to better support clients?

Its important to always be clear on costs from the outset and not be afraid to continue raising the subject with clients throughout. De-mystifying the process and the costs likely to be involved will ensure that clients keep coming to you for advice.

Outside of work, what do you enjoy doing?

From about 2020, I got into walking and hiking, as you couldn’t really do much else at the time due to Covid. Now it’s one of my favourite things to do.

What would you be doing if you didn’t have a career in law? 

Apparently I can be quite dramatic, so I imagine I would’ve been a world famous Broadway actress by now. If only the law hadn’t got to me first!

On that note, it shouldn’t surprise colleagues about your previous skills and talent!

No! I played a lead role in an adaptation of We Will Rock You the musical in high school. The talent being I can memorise a script fairly quickly. Hopefully that footage never sees the light of day!

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Earlier this year [July], the EU adopted a decision that will see the free flow of personal data between the EU and the US – a move that will undoubtedly be welcomed by trans-Atlantic businesses. The adequacy decision for the EU-US Data Privacy Framework will allow the free transfer of personal data between EU and US companies participating in the framework on the basis of binding safeguards. 

Under the EU GDPR, the European Commission (EC) has the ability to determine whether jurisdictions outside of the EU offer an adequate level of protection for EU citizens’ personal data. The effect of such an adequacy decision is that personal data can freely flow between the EU and the non-EU jurisdiction without additional safeguards needing to be put in place. Those additional safeguards included, for example, the use of EU approved Standard Contractual Clauses (SCCs) in contracts between the data exporting and importing parties, and the carrying out appropriate data protection impact assessments. In relation to EU-US data flows, this decision is highly valuable, with the White House stating that there are more data flows between the EU and the US than anywhere else in the world. 

This is not the first time the EU and the US have attempted to put a framework in place for the free flow of data. The two previous decisions of the EC, the Safe Harbor, put in place in 2000, and the Privacy Shield put in place in 2016, were declared invalid by the European Court of Justice (ECJ) in 2015 and 2020 respectively, following challenges from privacy activist Max Schrems. These decisions were invalidated in part because of programmes allowing US authorities to access personal data transferred from the EU for national security purposes. This meant US domestic law limited the protection of EU citizens’ personal data in a way that did not provide for an essentially equivalent, and therefore sufficient, level of protection as guaranteed by EU law. 

The EC has stated that “new binding safeguards have been introduced to address the points raised” by the ECJ in 2020, including limiting US authorities’ access to data to the extent that it is “necessary and proportionate to protect national security”. The Data Protection Review Court has also been established, allowing EU citizens an independent redress mechanism which will investigate and resolve complaints relating to access to their data by US authorities. 

Joe Jones, director at the International Association of Privacy Professionals said that there had been “significant reforms” to the US’s surveillance safeguarding, and that the Data Privacy Framework was not just a “reheating” of the two previous attempts. However, he also said “the question is: is it good enough?” Perhaps predictably, Max Schrems is unenthused about the proposed agreement. noyb, the not-for-profit organisation led by Schrems, states that data agreements with the US will not work unless the necessary changes in US surveillance law are made, which is yet to happen. Schrems is quoted as saying that simply calling something ‘new’, ‘robust’ or ‘effective’ will not be enough for the Court of Justice, and noyb have already prepared various challenges to be filed with the ECJ. 

But what does this mean for the UK? The adequacy decision does not apply to UK-US personal data flows. In June 2023, the UK and US announced that a commitment in principle had been reached in relation to a proposed data bridge allowing for the free flow of data between the UK and US organisations that have been certified under the scheme. The data bridge would act as an extension to the EU-US Data Privacy Framework, purportedly providing businesses with an annual saving of £94.2 million. However, if the EU-US Data Privacy Framework is subject to challenge and ultimately declared invalid, this may affect the UK-US data bridge. There are also further concerns that the scope of the data bridge could bring the EU’s UK adequacy decision into question. 

For now, the new adequacy decision will facilitate EU-US data flows. It will be interesting to see how the challenges from privacy campaigners develop and what effect this will have on efforts to facilitate the transfer of data between the UK and US.  

UK businesses trading in the US may wish to consider the following steps in preparing for the introduction of the UK-US data bridge:

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In our insolvency and restructuring blog series, we’ve been exploring the various options available to businesses that may find themselves in financial distress, but fundamentally have a sound business that has the potential to succeed.

We’ve covered topics, such as Company Voluntary Arrangements (CVAs), pre-pack administrations, as well as what to consider in the early stages of restructuring.

When it comes to proactive ways to deal with a business that needs a helping hand, these are the most popular and, to a large degree, the most effective methods to keep a business above water. However, there are some less common tools that, in the right circumstances, could help companies to move forward. So, what are they?

Liquidation
Traditionally, liquidation is a terminal process. It’s generally intended to bring the life of a company to an end in an orderly fashion.

However, there are scenarios where liquidation can be used in a more proactive way. In certain circumstances, typically smaller businesses can use liquidation in a similar way to a pre-pack administration, where the assets of the business are essentially reacquired from the liquidator.

It’s also important to note that there are two basic forms of liquidation – insolvent and solvent. On the one hand, if you cannot afford to keep the business afloat and know it’s the end of the line, then it’s worth considering insolvent liquidation as a means to formally close down the business. On the other, if the company has been successful, but you’re in a situation where you want to wind it down (e.g. as part of a wider group restructure, or perhaps after an SPV has served its purpose), then a solvent liquidation may be the best route for you. In that scenario, the assets of the business are realised and distributed to the shareholders.

Moratorium process

The standalone moratorium was introduced via the Corporate Insolvency and Governance Act 2020. It can be used independently (in that it is not automatically followed by an insolvency process – moratoriums in English law have traditionally been attached to administration or a CVA, for example) and is designed, according to the Government, to create ‘formal breathing space in which to explore rescue and restructuring options, free from creditor action’.

Except in certain, limited circumstances, no insolvency proceedings can be instigated against the company during the moratorium period, which is 20 days. It also prevents most forms of legal action being taken against a company without permission from the court.

Insolvency statistics indicate that the moratorium has not been widely used. That might be down to a lack of understanding of the process – new law always takes time to settle of course – but, it’s important to note that, while 20 days may appear a short amount of time in order to resolve serious financial issues, the intention is really that a business uses that time to consider and finalise wider restructuring plans. In reality, the expectation would generally be that the moratorium would be followed by some other form of insolvency process. In that sense, there is no reason why the moratorium cannot be a useful tool in the right circumstances.

What are the options?

When a business finds itself in difficulty, the good news is that there are a number of options they can explore with the support of a professional adviser. Those options have been covered at greater length in this series and the links to our previous blogs are below:

General Restructuring;

CVAs; and

Pre-pack Administration.

It’s true to say, of course, that what works for one business may not necessarily work for another. Similarly, what is effective in one sector might not have the same impact in another. The key to insolvency and restructuring is to understand the current state of your own business and to be open minded about the various options available to you. No-one ever wants to seek insolvency advice, but sometimes it is impossible to avoid. Professional support is likely to be hugely valuable if you do find yourself in that position.

If you would like to discuss this blog, or any of the blogs in our insolvency and restructuring series, contact me on  (0)7920 237687 or email daniel.clarke@pannonecorporate.com

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In this short article, Jack Harrington and Radhika Das from our employment and pensions team consider the use of mediation as a conflict resolution tool. They look at why employers should be utilising mediation, the benefits of doing so, and how to implement mediation in your workplace.

A recent Acas study found that workplace conflict costs employers around £30bn per year. It reported that nearly half a million employees resign each year as a result of conflict, costing employers around £2.6bn annually. A further 874,000 are estimated to have taken sickness absence each year as a result of conflict, at a cost of around £2.2bn annually.

The study found that while 35% of respondents had experienced an incident of conflict or ongoing difficult relationships at work, just 5% had taken part in workplace mediation. Of those who did go through mediation, 74% said their conflict was fully or largely resolved.

Mediation is a flexible, voluntary and confidential form of dispute resolution increasingly being used for resolving disputes in the workplace as an alternative to more formal procedures. A CIPD survey suggested that ‘mediation is an effective approach to help resolve workplace disputes [which] should be required before using the formal grievance process.’

Larger organisations have set up their own internal mediation schemes in order to train employees to act as mediators. Often, employers prefer to engage an external mediator. External mediators offer a number of benefits, including:

A simple first step on the journey to introducing workplace mediation is to include mediation in internal policies and procedures as part of the organisation’s approach to people management. For example, as the CIPD survey referenced above suggests, encourage mediation to be considered before the formal grievance process is used.

It is increasingly being recognised that mediation can be a ‘win-win’ approach – employees are able to reach a resolution without going through a lengthy and adversarial process, and employers are able to improve staff retention and avoid expensive tribunal claims. It is unsurprising therefore that the reported number of mediations carried out in England and Wales jumped from 2,000 in 2003 to 12,000 by 2018 and 16,500 by 2020.

Our employment and pensions team have qualified mediators who would be happy to assist you with implementing mediation as an approach to resolve workplace disputes. For more information, please contact jack.harrington@pannonecorporate.com.

We will be talking more about the benefits of workplace mediation and practical tips on approaching it at our next HR Club on 14 September 2023 – contact jolanta.jones@pannonecorporate.com to register your place.

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Following Pannone Corporate’s Freedom of Information Act request to the Care Quality Commission (CQC), regulatory associate partner, Bill Dunkerley, looks in more detail at what the statistics tell us and asks: what next for the CQC? Read more here:

What next for the CQC

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Social Housing (Regulation) Act: Awaab’s Law in practice

The Social Housing (Regulation) Act received Royal Assent in July 2023, and makes provision regarding the regulation of social housing and the terms of approved schemes for investigation of housing complaints. It also formally introduces onto the statute books ‘Awaab’s Law’.

 

What is Awaab’s Law?

The Act is wide-ranging in the changes it introduces and includes: new powers for the Housing Ombudsman to issue guidance and a code of practice, and ability to order providers to self-assess their performance against such guidance; additional powers to the Social Housing Regulator; and a requirement that social housing managers have a recognised professional qualification.

In addition, the Act obliges (and subject to the enactment of future secondary legislation) social housing landlords to investigate and repair, within a specified timescale, “prescribed hazards“ which are reported from their housing stock, and may even in due course impose a duty to re-house tenants where a home cannot be made safe. These additional obligations will form part of tenancy agreements, and are intended to provide tenants with an enhanced course of redress against landlords who are considered to be failing in their maintenance duties.

This specific amendment to the Act followed the death of Awaab Ishak in December 2020, and the subsequent inquest which concluded in November 2022. Awaab died following exposure to environmental mould in his parent’s home and subsequent sub-optimal medical treatment.

After having heard all the evidence, the Coroner had a number of concerns arising from the evidence generally, including the fact that the 2006 Government document, ‘A Decent Home: Definition and Guidance for Implementation,’ did not give any consideration to the issues of damp and mould, nor did it provide any guidance as to the need for a property to be adequately ventilated (which is a contributory factor to mould growth). In light of her concerns, the Coroner issued a Prevention of Future Deaths Report to the Secretary of State for Levelling Up, Housing and Communities, as well as the Secretary of State for Health and Social Care, requiring them to outline the actions their departments would take to address this issue, as well as the others highlighted, and prevent a repeat of similar circumstances arising in the future.

In providing a joint response to the Coroner’s invite, the Secretaries of State confirmed that an amendment to the already existing Social Housing (Regulation) Bill would be tabled, to specify time limits within which landlords must investigate hazards and then act upon them where there were health concerns. These amendments subsequently became known as ‘Awaab’s Law’.

Whilst these measures, on the face of it, are extensive the proposals are not without their practical difficulties.

 

What impact will the Act have in practice?

To coincide with the Act’s progress prior to receiving Royal Assent, and as part of its “drive to make every home a decent home,” the Government earlier this year announced additional funding of £30 million for Greater Manchester and the West Midlands, to start making improvements in the quality of social housing.

Despite the allocation of additional funding, in reality this amount is unlikely to make much difference, once apportioned between multiple social housing providers and their individual properties.

Many social housing providers are established on a not-for-profit basis, with income being derived almost exclusively from rents supplemented by some public funding. Any excess is usually re-invested into the organisation for the benefit of tenants. Despite the headline-grabbing funding which is to be made available, without more long-term investment and increased funding streams, social housing providers are likely to continue to be placed in an impossible position – income allocated to address a known issue, will be unavailable for other projects, such as the funding of new builds. This may ultimately prejudice the tenants themselves, being those for whose benefit social housing is provided.

Likewise, it is not clear how the additional duties imposed by the Act are to be funded in the future. It was well-publicised following the inquest into the death of Awaab Ishak that Rochdale Boroughwide Housing’s funding to build new homes was suspended until it was able to prove that it was a responsible landlord. Going forwards, it is perhaps difficult to understand how such measures benefit tenants, who rely on the continued ability of social housing providers to meet their needs and to potentially re-house them were hazards cannot be rectified.

Whilst the objectives of the Act are to be welcomed, and it is only right that those who own and manage property have an obligation to ensure that it remains fit for purpose, the new provisions also require appreciation of hazards.

The circumstances of Awaab’s death served to shine a spotlight on the dangers of prolonged exposure to environmental mould, but its presence is not unique to the property involved in this case, nor even the North West as a whole, and is likely ubiquitous within UK property. For example, the Regulator of Social Housing undertook a nationwide survey in the aftermath of the inquest, which found that damp and mould was present in potentially upwards of 6% (around 240,000) of the nation’s four million social housing homes.

However, it was implicit during the inquest that the dangers of damp and mould were not well-known, as demonstrated by their lack of reference within the guidance which existed at the time. Whilst the Act is widely drafted, the Government has stated its aim to consult within six months to confirm the relevant timescales and clarify the definition of prescribed hazards.

 

What can providers do?

Overall the draft Act is to be welcomed, and serves to clarify what steps are to be taken by landlords on being notified of potentially hazardous circumstances within their housing stock over-and-above their existing obligations as landlord.

Pending its full implementation and further guidance/ regulations as to relevant timescales and definitions, there are a number of steps social housing providers can take now to ensure that they are well-positioned going forwards.

For example, they may wish to undertake proactive assessments of their entire housing stock, the types of property included and their repair performance, to identify potential areas of concern. Damp and mould is, to an extent, a seasonal issue, and it would be prudent for providers to undertake a rolling programme of surveys in order to obtain a year-round understanding of the condition of their properties.

This analysis and assessment will enable a risk-based approach to be adopted, based on clear data, which will provide a solid basis for improvement plans and appropriate response procedures. Given the recent spotlight on damp and mould, providers may wish to also clarify the scope, extent and content of their own inspection, maintenance and remedial procedures, to ensure that they remain fit for purpose.

Humidity is accepted as a contributory factor to mould growth, and technology exists to enable providers to remotely monitor levels within their stock. To be effective, staff will need to be trained and educated to identify levels of concern in individual properties.

Once remedial actions have been taken, it would also be prudent for providers to have in place follow-up procedures, to assess whether repairs have been effective. Where unsuccessful, such monitoring will allow for lessons to be learned and appropriate revisions to procedure to be incorporated going forwards.

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Pannone Corporate has announced the promotion of five people, as it continues to invest in future talent across the law firm.

Effective from 21 July, Arshnoor Amershi has been promoted to Associate Partner in the Corporate team, having joined the North West firm as a trainee solicitor in 2011. Ranked as an ‘Associate to watch’ in leading legal directory, Chambers and Partners UK, Arshnoor specialises in all aspects of corporate legal work, including mergers and acquisitions, disposals, and debt and equity investment.

She recently advised on the sale of Up & Away Aviation – a provider of aircraft cleaning and detailing services – to US-based group, Unifi Aviation. Unifi is the ground aviation services company that forms part of the Argenbright Group, which Pannone has previously acted for on its cross-border strategic investment in risk-led intelligent security solutions provider, Amberstone Security.

Arshnoor is joined by Andrew Walsh who, having qualified as a solicitor in 2017, is also promoted in the Corporate team, becoming a Director. Andrew was instrumental in assisting Dutch client Boels Rental and French-listed company Visiativ SA continue their buy and build strategy in the UK.

In the last 12 months, the Corporate team has seen unprecedented activity levels and headcount has risen from 10 to 14 as a result, putting the team in a perfect position to capitalise on significant growth opportunities in the market.

Commenting on the promotion, Arshnoor said: “I’m delighted to have been promoted to Associate Partner in the Corporate team, as we continue to make our mark in the North West M&A market.

“Having joined the firm as a trainee solicitor, it’s hugely satisfying to have moved up through the ranks, while playing a part in the growth of the firm. It really is an exciting time to be at Pannone, as the firm’s growth story continues to unfold.”

In total, Pannone has promoted five people. These include the promotion of three lawyers to Senior Associate in the well regarded Dispute Resolution team – Callum Halley, who specialises in commercial disputes and who joined the firm in 2019;  Gemma O’Brien, who also specialises in commercial disputes and joined Pannone in the same year; and Elizabeth Walsh, who joined the firm in 2018 and advises on contentious trust and probate disputes, as well as commercial disputes.

Paul Jonson, senior partner at Pannone, commented: “Pannone has an unwavering commitment to invest in people. Our staff represent the future of the firm and have an integral role to play in helping us to reach our long-term goals.

“The promotions are all thoroughly well-deserved and testament to the passion and dedication of our team.”

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Pannone Corporate has advised multi-concept operator, Mission Mars, on the letting of a flagship London site, as part of an ambitious expansion plan for 2023/24.

The Manchester firm acted as legal adviser to the hospitality company on the acquisition of a prominent 20,000 sq ft building on Shaftesbury Avenue, Trocadero. The site will be transformed into the latest Bavarian-style beer palace, Albert’s Schloss – one of a number of new openings planned for this year and next.

The Pannone team was led by Real Estate partner, James Wynne and included Senior Associate James Brandwood and paralegal Harry Jenkins.

James Wynne said: “Mission Mars operates some of the most iconic bars, restaurants and event venues in Manchester, but over the last few years has extended its portfolio beyond the North West under its highly successful Albert’s Schloss and Rudy’s brands.

“The opening of its flagship bar and restaurant on the equally iconic Shaftesbury Avenue, is an exciting milestone for the company – one of a number of regional operators which have set their sights on London as part of their strategic growth. It demonstrates the wealth of potential that exists for Manchester leisure and hospitality operators, as well as the wider appeal of brands such as Albert’s Schloss on a national level.”

James has worked alongside BGF-backed Mission Mars since 2018, with the firm acting for the company on a number of real estate deals. This includes advising on conditional agreements for leases, leases and all ancillary documentation.

The Pannone Real Estate team works with a number of high-profile names, such as Boohoo, Bestway, and Junkyard Golf. Pannone recently advised the crazy golf brand on the letting of its second London site – its biggest location to date.

The Manchester firm acted as legal adviser to the competitive socialising brand on the acquisition of a prominent 19,500 sq. ft. building in the heart of Camden Town. The former Shaka Zulu restaurant will be transformed into an immersive crazy golf experience and will be the company’s seventh site opening. This includes its flagship venue on First Street in Manchester, Liverpool, Leeds, Oxford, Shoreditch in London, and Newcastle.

Wynne added: “We’re delighted to be working alongside such exciting North West brands as they extend their footprint across key cities in the UK. The London site openings are another significant step forward for Junkyard Golf and Mission Mars and demonstrate the vibrancy and potential that exists in the regional leisure and hospitality industry.”

 

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Safeguarding concerns in the UK care sector are falling from the highs seen during the coronavirus pandemic, new figures show.

From January to May this year, more than 9,000 safeguarding alerts and concerns have been raised in the sector. This compares to a total of 21,886 in 2021, with figures hitting 23,116 last year.

The figures obtained through a Freedom of Information (FOI) request to the Care Quality Commission (CQC) – conducted by law firm Pannone Corporate – also show that inspections in the UK’s care sector are on track to fall, continuing the downward trend seen since 2019.

Announced inspections fell from a peak figure of 6,684 in 2019 to just 1,458 in January to May 2023. Unannounced inspection also appear to be decreasing. According to the FOI figures, 2,223 unannounced inspections were carried out in the first five months of 2023. In 2016, this reached a high of 19,586.

The significant reduction has been attributed not only to the pandemic, with the CQC temporarily ceasing all physical inspections from 16 March 2020, but also to the evolving regulatory model being adopted by the Commission.

Bill Dunkerley, regulatory lawyer and associate partner at law firm, Pannone Corporate, commented: “The seismic impact of the pandemic on the care sector is widely documented and this can be seen in the figures released by the CQC around safeguarding concerns and inspections.

“What’s also clear is that the CQC is not static in its approach and the standards which it expects providers to achieve continue to evolve. This is evident in the introduction ‘Single Assessment Framework’, as well as the initial evidence-gathering phase being simplified into six new categories, to streamline the information collated. The feedback received will allow the CQC to make individual assessments more bespoke to individual providers, for example in respect of their delivery model or population group.”

The FOI research also shows that since March 2021, the CQC has received nearly 37,000 whistleblowing enquiries, with more than 6,000 being received in the first five months of 2023. The number of complaints raised during the same 26-month period topped 135,000. However, with only 25,017 made between January to May 2023, it’s unlikely the figure will exceed the 62,591 seen in total in 2022.

Dunkerley said: “The trend across the board is a general decline in headline figures, with complaints, whistleblowing, and safeguarding concerns all likely to be lower in 2023 based on the current statistics.

“As the CQC continues to roll out its new regulatory model, and Inspectors find their feet with the new data-driven approach, it will be interesting to see how the figures develop over the coming months and years. It may be the case that the CQC’s new approach results in a permanent reduction to the frequency of inspections, but equally may also result in an increase in the use of its more dynamic powers, such as notices, which can have an immediate and profound impact on a provider’s continuing operations.”

Dunkerley added: “Whilst the CQC has modified the form of its regulatory function, and amended its assessment criteria over the years, its fundamental roles have remained consistent: ensuring the safety and quality of care of service users; and maintenance of appropriate standards of behaviour by providers.

“These are the same core objectives held by providers, and so long as they continue to put these demonstrable tenets at the centre of their business, then they are likely to be well-placed to respond to any future changes in the CQC’s operations and regulatory model.”

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Company Voluntary Arrangements (CVAs) have grown in prominence in recent years, as businesses have sought to implement them as a means to continue trading in the toughest of conditions – most notably on the high street.

Most recently, Wilko is understood to be considering a CVA in a shake-up of its business and upmarket retailer, Robert Goddard, is the latest business in a growing list to use a CVA as a restructuring tool. The independent mini chain, which operates across 10 locations and employs 100 people, had its CVA approved by creditors at the end of June – a move that protects both its staff and retail outlets.

Despite their popularity, CVAs remain the subject of debate and discussion. Consider, for example, the landmark High Court ruling last year when a large London landlord overturned a CVA decision relating to one of its contractors [link – https://www.insidehousing.co.uk/news/large-london-landlord-overturns-cva-in-landmark-high-court-ruling-81483].

The increased use of CVAs to manage obligations to landlords, in particular, is clearly divisive – driven by the continued fall-out from a global pandemic and the current economic landscape, both of which are accelerating the fortunes and misfortunes of many businesses, particularly those on the high street. However, there are companies that have suffered irreparable damage in the last three years. As such, CVAs are a viable option for those businesses finding themselves unable to recover from the relentless challenges that have rained down on them since the beginning of 2020.

Whatever your view on the current framework, it’s hard to deny that CVAs have played, and continue to play, a vital role in enabling businesses to continue to operate.

So, how do CVAs work?

A company voluntary arrangement (CVA) is, in simple terms, a legally protected agreement between a company and its creditors to restructure its debt. There are very few rules about what terms a CVA can and cannot contain – the driving factor tends to be what the creditors of the company will realistically approve. Typically though, a CVA will entail an insolvent company repaying all or a proportion of its debts over an agreed period of time. Usually, this is between three to five years. Provided that the company complies with the terms of the CVA, it will effectively be free of the pre-CVA debt at the conclusion of the arrangement.

What are the benefits?

The biggest benefit of a CVA, provided that it is approved by the creditors of the company in question, is that it enables the insolvent business to continue trading more or less normally. A CVA also allows business owners to:

Seemingly secure companies have found themselves in a fragile position in recent years – a prospect that may have seemed unfathomable as trading drew to a close at the end of 2019. Given the current state of affairs, with inflation causing the cost of doing business to swell, the price of funding becoming prohibitive to many, not to mention the debt pile gaining significant fat thanks to 13 consecutive interest rate rises, it’s becoming particularly difficult for cash-poor businesses with little working capital and growing liabilities to operate.

With so many unknowns and factors outside of the control of businesses, the key is to be prepared, flexible and open to opportunities for restructuring and re-organisation. It’s important for businesses to take a proactive approach, to keep their financial position under ongoing review and consider all of the possibilities potentially available in a timely manner. Waiting in hope may only minimise the options available and force businesses into increasingly difficult choices. A CVA may well be one answer to the issues a business faces.

If you’d like to discuss the blog in more detail, contact me on  (0) 7920 237687 or email daniel.clarke@pannonecorporate.com

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In our latest retail law update, we look at the news and legal developments affecting the sector.

This month, it covers how to transform retail spaces in the face of 47 shops closing every day last year, the In the Style High Court case and the lessons to be learned around protecting business ideas, the battle of the supermarket giants over logo use and trade mark infringement, as well as a guest article from Dan Williams, founder and managing director at 100% Group on the power of technology in the retail environment.

Read our quarterly update here.

If you would like to discuss these topics in more detail, or have any questions, contact partner, Melanie McGuirk on 07790 882567 or email Melanie.mcguirk@pannonecorporate.com

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Pannone Corporate has revealed its role on the sale of a Lancashire-based environmental and engineering company to Adler and Allan.

Detectronic, based in Colne, helps customers prevent flooding and reduce pollution. The company designs and manufactures a range of flow and level monitors for wastewater monitoring, including its LIDoTT range of sewer level monitoring devices.

Harrogate-based environmental services company Adler and Allan snapped up the business to further enhance its wastewater telemetry and monitoring capability.

Pannone’s corporate team advised the shareholders of Detectronic on the deal, with a team including corporate partner Tom Hall and senior associate Andrew Walsh, alongside Renee Neophytou and Lizzie O’Leary.

Hall said: “Since we first started working with the team at Detectronic more than a decade ago, the company has built up an unrivalled reputation for its innovative and creative approach to environmental services, with extensive experience in sewer and wastewater management.

“The business has achieved enormous success in recent years and the sale to a company of the ambition of Adler and Allan marks an important chapter in Detectronic’s growth journey. As a long-standing and trusted client, we look forward to seeing how the company flourishes under the expert stewardship of Adler and Allan.”

Phillips said: “PM+M has seen a real surge in transactions over the last few months, with Detectronic being the latest. We are delighted to have advised on this deal; Detectronic is a great Lancashire business and the synergies created as part of the acquisition will allow Adler and Allan to expand its market reach.

“It will add huge leverage and will enable the company to go from strength to strength. We wish them all the best for the future.”

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Daniel Clarke is a partner in the corporate recovery and insolvency team at Pannone Corporate

Given the current complexity of the construction market and ongoing concerns around economic uncertainty, it’s unsurprising to learn that supply chain security is among contractors’ top concerns for 2023.

“One of the biggest red flags that may indicate trouble brewing with a supplier is a drop in communication”

The good news is that things are on the up. The sector experienced a spike in business activity in February, with supplier delays reported as being at their lowest in three years. Last month’s activity hike broke a two-month period of decline and growth was at its highest since May 2022, according to the latest Purchasing Managers’ Index (PMI) data.

It’s welcome news, but in an industry renowned for its unpredictability, it pays to be prepared – particularly if you’re a business that’s already feeling the effects of disrupted supply chains. The insolvency of a key supplier can have a major impact on a business, so it is important for construction companies to be aware of those risks.

But how do you spot early warning signs of issues in a supply chain and take steps to mitigate potential risks?

A drop in communication

One of the biggest red flags that may indicate trouble brewing with a supplier is a drop in communication – whether sudden or prolonged.

Poor communication can lead to all kinds of problems in supply chain operations, such as stock shortages, incorrect orders, missed shipping dates and an inability to forecast supply chain costs. It’s also usually one of the first indicators that a supplier may be about to go out of business.

The pandemic has reinforced the need to talk to your supply chain partners, so any change in communication can be unnerving and is a surefire way to break down trust, particularly if you have a longstanding relationship with a vendor. Keep a close eye on communication patterns and a paper trail of all liaisons.

Delays with deliveries

Material shortages and escalating costs have crippled the industry in recent years – delivery delays only serve to impact this further. Inconsistent stock levels and deliveries outside of agreed schedules could be another signal that a supplier is in financial distress.

The supply of goods between businesses tends be based on loosely agreed supply terms, often simply incorporating a supplier’s standard terms of sale, which are not necessarily set up to cover long-term supply arrangements – particularly if delays occur. This can leave contractors open to significant financial risk.

Changes in payment terms

When a supplier finds themselves in hot water and is struggling to maintain cashflow, one of their first reactions is to change payment terms or request upfront payment from clients.

Naturally, this will have a knock-on effect on your own cashflow but, if you find yourself desperate for materials, it can be tempting to agree to new terms. Before doing so, consider other ways you can support a supplier, such as committing to longer-term contracts or increasing purchases in future.

How can you protect yourself against supply chain insolvency?

It pays to always keep an eye on alternative suppliers in the market and spread your risk, as opposed to being dependent on one supplier. This will help manage resilience within the supply chain.

Before entering into a contract with a supplier, thoroughly investigate their finances and reputation to identify any operational risk of working with them. Look out for evidence of declining business performance, re-inancing, changing management structures or inconsistencies in the company’s filing history. If their filing history is not up to date, make further enquiries to establish why the accounts have not been filed on time.

Check that your existing supplier contracts provide adequate protection against the effects of insolvency, by identifying your company’s maximum exposure in the event of the other contracting party’s insolvency. Regularly reviewing them will help avoid any uncertainty about what contractual terms apply and, if existing terms become unworkable or unprofitable, companies should seek to renegotiate and amend terms in writing.

If a critical supplier does enter a formal insolvency process, you need to assess the impact and move quickly. Always seek early advice on the implications and, if an exit strategy has not already been put in place, you should review the contracts to identify the best course of action.

If the supplier enters administration, the statutory moratorium will prevent your business from taking legal proceedings against them without the consent of the administrator or permission from the court. However, the moratorium will not necessarily prevent you from enforcing your contractual rights, providing they can be enforced without commencing legal proceedings.

The most common outcome of an administration is the sale of all, or part, of a business to a third party. If the core business is sold and continues to trade, the third-party buyer is likely to want to retain your business moving forward and may, therefore, be open to negotiations about previous incomplete orders and/or terms moving forward.

All businesses are susceptible to risks in the supply chain and, unfortunately, most will come across issues as a result of supplier insolvency at some stage. Dealing with this issue can be a time-consuming and costly process, but with careful planning and regular ongoing supply chain management, those within the construction sector can significantly reduce their exposure to risk.

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Pannone Corporate has advised on the £1.5 million seed fundraise for transformative technology company Sticky.

The fast-growing start-up has been backed by prominent UK venture investors to help drive growth in the leisure and live events markets worldwide. The fundraise was led by Praetura Ventures, with backing from Cornerstone Partners. Follow-on funding was provided by SFC Capital, as well as new angel investors.

Pannone’s corporate team advised technology entrepreneurs and Sticky co-founders James Garner and Priscilla Israel. The team included corporate partner Tom Hall and Behzad Borang.

Hall said:

“Sticky is a hugely exciting business which is making physical spaces more engaging and revenue generating.

“In a short space of time, the business has grabbed the attention of global players through its simple no-low-code solution – one which enables brands to capture the attention of consumers in physical environments and let them achieve something or pay for something in 10 seconds or less. This fundraise is another significant milestone for the company and the start of an exciting journey for James, Priscilla and the team.”

 

Sticky has developed unique branded stickers – ‘stickies’ – each embedded with the company’s innovative near field communications-based technology (NFC). The creative stickers can be placed anywhere within stores, venues and other physical spaces. Consumers simply tap them using their phone, without an app, sign up or opening their camera. Sticky remembers you without an account and every sticker is unique, so consumers never have to choose where they are.

The tech company has already generated more than one million ‘taps’.

Priscilla Israel said:

“With one tap of a sticky, an interaction or payment is complete in 10 seconds or less. By applying this technology to their payments stack or replacing it entirely, our customers can turn any physical location into a point of sale, increasing revenue and customer satisfaction. Happy customers spend more money.”

 

James Garner added:

“Our seed funding will help us become the leader in consumer leisure and other markets, whilst letting the world build software for physical spaces 10x quicker than before. We won’t stop until every interaction in a physical space is 10 seconds or less.”

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With a year under his belt at Pannone Corporate, we speak to real estate solicitor, Dominic Beddow, on his legal career so far, the importance of being able to ‘switch off’ from the day job, his passion for the Toon Army, and his mission to ‘indoctrinate’ his wife and daughter into Geordie life!

Tell us a little bit about your experience before joining Pannone in April 2022.

“I started my legal career in 2016. At the time I was a paralegal specialising in landed estates. My role primarily involved dealing with first registrations of land, Farm Business Tenancies, generational tax planning (Inheritance Tax), and registration and sales of woodland.

“During my training contract, I did seats in commercial real estate (mainly landlord and tenant issues), corporate (predominantly buying and selling of pharmaceutical companies and dentistry practices), as well as employment, where I acted for employers dealing with wrongful termination claims, and also large-scale redundancy exercises.

“After qualifying in October 2020, I went into the ground rents team, where my work primarily involved asset management for a large freeholder, dealing with anything from simple Deeds of Variation and Licences for Alterations, to managing the legal side of large works projects, such as merging multiple flats/properties into one.”

What route did you go down, in terms of training and qualifications?

“I studied Law with Business at the University of Liverpool, before completing the Graduate Diploma in Law at BPP Liverpool. I then moved to Chester, where I started legal life as a paralegal, whilst simultaneously studying the Legal Practice Course at the University of Law at the weekends. I completed my LLM Masters around the time I started my training contract.”

Why did you choose this route?

“During my A-Levels, I was still torn between a career in law and one in business, and so I decided to undertake a combined honours degree. I enjoyed both disciplines, but it was clear from an early stage in my undergraduate degree that law was the route I wanted to go down.”

Tell us about your role at Pannone?

“I am a solicitor in the real estate team. I primarily cover landlord and tenant based issues, with a specific focus on leases of units in major shopping centres. I also deal with purchases of development land, advice regarding overage, assents of land, and general transactional work.”

What was it that attracted you Pannone?

“I had trained and qualified at the same firm in Chester, which is a fantastic city and one which I am proud to call home, but it’s a relatively small legal community compared to Manchester. I was ready to make a move to a new firm and a new city.  I’d heard great things about Pannone, and got in contact with managing partner, Nicola Marchant, who invited me in for an informal chat. After a further conversation with the senior team, I knew straightaway that Pannone was the perfect firm for me.”

When it comes to the day job, what is the most satisfying aspect?

“It has to be learning something new on a daily basis, and never being allowed to remain within your comfort zone!”

What does a typical day look like?

“Every lawyer will say this but, quite simply, there is no such thing as a ‘typical day’.  I will sign off for the day with a good idea as to what the next will involve, but it’s very rare for that not to change. Business never sleeps, so I often start my day dealing with new matters which have come in overnight. Every day is different, which is a challenge, but one I enjoy.”

What are your career ambitions?

“I aspire to become a partner one day but, more importantly, I want to reach a stage where I am confident in as many aspects of my role as possible, with a following of clients who can always rely on me to be able to deal with anything they throw at me.”

If you were managing partner for the day, what’s the first thing you would do? 

“I would introduce a family fun day! Lawyers generally have an inability to ‘switch off’ – even when we’re not working, we are thinking about what needs to be done, which can sometimes impact on those around us. As such, I would introduce a day, every so often, when families are invited to the office, where they can meet the team, take part in fun activities, and see what we do. Looking after your own mental health is so important, particularly in a fast-paced working environment. Something like this could really make a positive difference.”

What can the legal profession do to better support clients? Does anything need to change?

“For me, it’s about delivery of information. We spend a large part of our lives learning the theory of law, the technical aspects, and how to think and speak like a lawyer. This is great for passing exams, but often doesn’t translate well to clients, who typically want a straight answer, delivered in a user-friendly manner.

“Law can also be portrayed in a certain way – think Harvey Specter in the television series, Suits! However, the reality is somewhat different. You meet such a wide variety of people in this job, from all walks of life, and I would like to see this side portrayed more.”

What would you be doing if you didn’t have a career in law? 

“If I didn’t have a career in law, I would love to be involved in the business side of football.”

What do you enjoy doing outside of work?

“I’m a relatively new father, and I enjoy nothing more than taking my daughter to Chester Zoo. She adores animals, and her excitement during those long walks around the zoo are positively infectious!

“Outside of family life, I am a passionate (sometimes overly passionate) Newcastle United fan. I don’t get to as many games as I used to since my daughter was born, but I have worked hard to indoctrinate my partner and daughter into Geordie life, much to the dismay of my partner’s Liverpool-supporting family!”

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In the last three years, companies of all shapes and sizes have had to contend with a plethora of challenges that have severely tested the balance sheet and put a strain on even the best run businesses. Brexit, a global pandemic, geo-political tensions, a cost-of-living crisis, record inflation, rising interest rates, and crippling energy prices, have all been layered on top of each other to create a bruising trading environment for many.

The simple fact is, demand in certain sectors has fallen and is slowly recovering, the cost of business has shot up, and the job of getting things done has become more time consuming and onerous. It’s little wonder that a significant proportion of SMEs have accumulated considerable liabilities during this period and have reached the point where a different course of action is needed, in order to secure the long-term future of their business.

Step in, pre-pack administrations. Loved by some, loathed by others (namely creditors), pre-pack administrations haven’t always had the best reputation, because the sale of the business and assets is often completed before the creditors of the insolvent company are even aware of the administration.

Post-COVID, many predicted a resurgence in ‘pre-packs’, which has yet to materialise, but with much of the Government support brought on by the pandemic now at an end, the restructuring tool remains a viable and useful mechanism for securing the future of those businesses that are fundamentally sound, but have been weighed down by debt and outstanding liabilities.

So what are ‘pre-packs’ and how can they help businesses looking to restructure? 

What is a pre-pack?

The term ‘pre-pack’ is used to describe the process whereby the business and assets of a company are sold, via administration, in an arrangement that is typically negotiated in advance of the company concerned formally entering into an insolvency process. The buying party is often (but not always) connected to the company (e.g. a new company formed by the existing directors of the company in administration).

Essentially, the process allows a valid business to survive whilst relieving it of creditor pressure but also ensuring that its assets are realised for proper value. It’s the latter aspect of that equation that has been an area of concern for some and which reforms brought in two years ago were focused upon – tightening up regulatory intervention and introducing more accountability.

When is a pre-pack appropriate?

‘Pre-packs’ can be a really effective tool for all concerned when they’re used in the right way. Typically, they’re used where a company has a good underlying business but is struggling to meet its ongoing liabilities – it’s not uncommon for there to be an imminent threat of, for example, a winding up petition, or a cessation of supplies/services which would damage the business.

Administered properly, pre-pack administrations create a virtually seamless transfer of business and assets from the insolvent company to the purchaser. This can have significant benefits for the majority of stakeholders involved, because it allows for a high level of continuity. The business can continue trading under the same name (subject to compliance with section 216 of the Insolvency Act and its associated provisions), often from the same premises, and with the same staff. This means that the underlying business retains value, which is ultimately good news for all involved (especially when compared to the potential outcome, for example, in a liquidation). For those reasons, where they are viable, ‘pre-packs’ have always appealed to struggling businesses.

During the COVID-19 pandemic, the Government put in place a significant number of measures to support businesses, including those in the Corporate Insolvency and Governance Act, aimed at protecting businesses during the pandemic, providing much-needed respite for struggling companies. Those protections and safeguarding measures have now largely gone, leaving many businesses still exposed to the economic headwinds, which is where pre-pack administrations can play a part.

Key considerations

There are a number of important questions to ask and considerations to be made when exploring the option of pre-pack administrations.

Pre-pack administrations have a valid part to play in securing the long-term future of businesses, but there is a lot to consider before going down the route of a ‘pre-pack’. Now is the time to go through your options, taking into account the future economic outlook. With interest rates and energy bills still creating significant ongoing liabilities for companies, which will not necessarily be taken away by a pre-pack administration, it may pay to wait for the waters to calm before embarking on your ‘pre-pack’ journey.

If you’d like to discuss the blog in more detail, contact me on  (0) 7920 237687 or email daniel.clarke@pannonecorporate.com

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In this short article Michael McNally and Lorna Shuttleworth from our employment and pensions team consider the use of external investigators when carrying out workplace investigations. They look at why an organisation may instruct an external investigator, the benefits of doing so, and the issues to consider when instructing external investigators.

On 21st April 2023 the Government published Adam Tolley KC’s investigation report into complaints about the conduct of the Deputy Prime Minister, Dominic Raab MP. Mr Raab resigned the following day. A few days later, on 24th April, the CBI wrote an open letter on the recommendations of Fox Williams, an external law firm, following its appointment to carry out an investigation after reports in The Guardian in early April of a ‘toxic culture’ at the CBI and other serious allegations. Both stories involve external lawyers being appointed to conduct investigations into serious workplace issues. Whilst these are two high profile examples, organisations will often instruct barristers, law firms, and other independent professionals to investigate serious issues that arise in the workplace.

In this article we look at why, based on our experience of carrying out external investigations on behalf of organisation, an organisation may instruct an external investigator, the benefits of doing so, and the issues to consider when instructing external investigators.

  1. Seriousness

External investigators are usually appointed when a matter concerns the most serious types of allegations and/or relates to senior individuals. This was the case in both the Raab and CBI investigations. For example, in the case of the CBI, the external investigation was focused on “whether the CBI’s leadership was aware of any of the events before the recent media reporting, and if so what steps they took or failed to take in response.” In relation to that particular issue, it would be very difficult for someone within the CBI to have looked into that question because it specifically concerned the actions of the CBI’s leadership.

  1. Perception

That last point leads on to the next reason why an external investigator may be appointed, namely ‘perception’.

In the case of Mr Raab, the CBI, and other examples such as the allegations of discrimination at Yorkshire County Cricket Club, it could undermine any findings if the organisation was seen to “mark its own homework”. This principle is also true of lower profile, albeit serious, matters.

To be able to draw a line and move on, it’s not enough that an organisation takes the matter seriously, it must be seen to have taken it seriously. Interested parties need to have confidence in the findings. History is littered with examples of investigations and inquiries that are perceived to have been a “whitewash”. Whilst instructing an external party to investigate concerns will not always ensure the right perception, it can certainly help to do so.

  1. Complexity

Workplace investigations need to be handled properly and thoroughly. If they are not, there can be serious legal, financial and reputational consequences for the business.

In respect of grievances for example, Acas states that it is highly recommended that anyone appointed as an investigator should be trained in the relevant area wherever possible. If there is no one within the business who is suitably qualified, experienced, and confident to deal with the investigation, it is advisable to instruct a third party with the relevant experience.

The process of identifying relevant issues, questioning witnesses, analysing the evidence, and making findings can be difficult and external investigators will often be chosen for their skills in these areas. For the most serious issues, which as mentioned earlier are usually the subject of external investigations, it is vital that these things are done as well as possible.

  1. Neutrality

Best practice is that an investigator is impartial and acts fairly and objectively. For day-to-day workplace issues it will usually suffice that the investigator is not directly involved in the matters being investigated. However, for more serious matters the issue of neutrality needs to be carefully considered.

If the investigator is found, or even just perceived, to have been biased,  it leaves the findings of the investigation open to challenge. Appointing an external party, seen to be a neutral actor in the process can also help in ensuring witnesses are willing to co-operate and are candid when giving evidence.

However, one thing to consider on this point is to what extent the investigator is said to be independent.

Depending on the nature of the investigation external investigators may conduct the investigation on behalf of the organisation (in the same way an internal member of staff might). Whilst this may not be independent in the strictest sense of the word, the fact the issue is being looked at by someone from outside the organisation with specialist skills can still be beneficial. Alternatively, whilst the organisation may ultimately pay the external party for their services, some external investigations are conducted with a view to them being truly independent, for example we have seen published reports that will make it clear that the investigator’s fee will be paid before a report is delivered. If instructing an external investigator it is important to consider the exact nature of their role and ensure that is clearly communicated to anyone with an interest in the process.

  1. Privilege

In some circumstances, including where litigation is anticipated, an investigation report may be legally privileged. The scope of this privilege may be wider if lawyers, rather than other third parties, carry out the investigation. Legal privilege is particularly helpful where the organisation does not know what the investigation will reveal, enabling a confidential investigation into  the concerns in order to determine how best to deal with them. Without the benefit of legal privilege, some organisations might well be deterred from carrying out an investigation for fear of what they may find.

We know from our experience of carrying out, supporting, and advising on workplace investigations that these issues play a part in deciding whether to appoint an external investigator. And, whilst we are not privy to the thought process of those who instructed external investigators in the examples cited in this article, no doubt some of these considerations played a part in their decision.

If your business has an issue which requires further investigation, please contact michael.mcnally@pannonecorporate.com.

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Pannone Corporate has advised crazy golf brand, Junkyard Golf Club, on the purchase of its second London site – its biggest location to date.

The Manchester firm acted as legal adviser to the competitive socialising brand on the acquisition of a prominent 19,500 sq. ft. building in the heart of Camden Town. The former Shaka Zulu restaurant will be transformed into an immersive crazy golf experience and will be the company’s seventh site opening. This includes its flagship venue on First Street in Manchester, Liverpool, Leeds, Oxford, Shoreditch in London, and Newcastle.

The Pannone team was led by Real Estate partner, James Wynne and included James Brandwood (Senior Associate) and Harry Jenkins (paralegal.)

James Wynne said: “Junkyard Golf has become an iconic brand – not only in its hometown of Manchester, but across the country. The latest opening in one of London’s best cultural hotspots is testament to company’s growth ambitions, but also its resilience in weathering the COVID-19 pandemic, which significantly impacted on the leisure and hospitality sector.

“We’re delighted to be working alongside such exciting North West brands as they extend their footprint across key cities in the UK. This is another significant step forward for Junkyard Golf and forms part of ambitious domestic and international growth plans for 2023.”

James has worked alongside Junkyard Golf since 2017, with the firm acting on all site openings since.

The Pannone Real Estate team works with a number of high-profile names, such as Boohoo, Bestway, and Mission Mars.

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A 14-strong team of Pannone fundraisers took to the streets on Sunday to compete in the 20th Great Manchester Run.

Taking part in both the 10k race and the half marathon, the team raced around the streets of the city, taking in sights such as Beetham Tower and Old Trafford Football Ground, before finishing the race along with more than 25,000 other participants.

The Pannone team were raising money for one of the firm’s chosen charities, St Ann’s Hospice, with more than £2,500 being raised so far.

Paul Jonson, senior partner at Pannone Corporate, said: “Congratulations to everyone who completed the Great Manchester Run, in what were very hot and sunny conditions!

“It’s fantastic to see so many of the team coming together to support one of our chosen charities, St Ann’s Hospice – an amazing charity which carries out such vital work across Greater Manchester. It’s also really pleasing to see the values and ethos of the firm come to life on the streets of Manchester.”

St Ann’s Hospice is a Manchester institution and one of the oldest and largest adult hospices outside of London. It provides care and support to people with life-limiting illnesses, as well as to their families and carers.

The Pannone team have a number of other charitable events lined up in support of the charity, including a Tough Mudder challenge later this year. If you would like to support the team, please visit https://www.justgiving.com/fundraising/pannone-corporate-llp

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Michael McNally lives in Heswall on the Wirral and is an associate partner in Pannone’s employment team. In this instalment of My Life in Law, he tells us about his 17-year career in law and what’s changed in the industry during that time.

What was your experience prior to joining Pannone?

I qualified in 2006 and have always specialised in employment law, even spending some time before qualification working as an employment law advisor. Before joining Pannone in September 2020, I worked at Hill Dickinson and Freeths.

I’ve always worked in commercial employment law advising employers and have particular experience working with clients in care, retail, transport and logistics, leisure and retail, and manufacturing. I’m also an experienced employment tribunal advocate.

What’s your current role and why did you join Pannone?

I joined as a Director and became an Associate Partner last year. The firm has a great reputation, both for the quality of its work and culture. Having worked here for a couple of years, I’ve not been disappointed in either regard.

What route did you go down, in terms of training and qualifications?

The standard route for my generation of law at university, LPC in the Chester College of Law, followed by a training contract. I did approach things a little differently though and did my training contract in local government at Chester City Council, as it was then.

Why did you choose this route?

I wouldn’t say I chose it, as such – it just seemed the most obvious way of becoming a solicitor at the time. With hindsight, I appreciate you don’t need to do a law degree at university to become a lawyer. If I had my time over again, I would have done a non-law degree and then the conversion course before the LPC.

What is the most satisfying aspect of your job?

Understanding what the client wants to achieve and then helping them to achieve it. I enjoy the technical side of the law, but working with the client is the most satisfying part of the job.

What does a typical day look like?

There isn’t one! The best thing about being an employment lawyer is the variety.

A day could include drafting an article first thing, then working with the corporate team on a transaction. After lunch, there could be a preliminary hearing in the employment tribunal by video and, later in the day, I could be on a call with a client’s HR Director and CEO discussing a re-organisation.

If you were managing partner for the day, what’s the first thing you would do? 

Give myself a long-term contract in the role, as I’m not going to get much done in a day!

What would you be doing if you didn’t have a career in law? 

My original reason for going into law was because I thought it would be a good way of becoming a football agent, so maybe I’d have ended up doing something like that! Although, to be honest, it’s not a job I would want now, but when I was 15 it seemed like a great career!

What can the legal profession do to better support clients? Does anything need to change?

I have been lucky enough to work at firms and with lawyers who I think do a very good job of supporting clients. The focus should always be on providing the client with responsive commercial advice.

Going forward, I think law firms will need to offer a wider range of business services than they do now – similar to how many accountancy firms will offer other services (including legal support in some cases). The profession is also going to need to adjust to the changes that technology will bring, particularly in respect of AI.

What do you enjoy doing outside of work?

Being a Liverpool season ticket holder; I enjoy going to regular Champions League finals!

Do you have any particular skills/talents that your work colleagues may not know about?

This is more of a talent that I wish I had, but I went through a phase a few years ago of tinkering with watches. I still aspire to assemble my own watch one day – making one may be beyond me!

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On 8 March, a new Data Protection and Digital Information Bill (No. 2) (the Bill) received its first reading in the House of Commons. This Bill replaces the Data Protection and Digital Information Bill (the DPDI Bill), which was introduced in July 2022 before being paused in September 2022. In its press release, the Government said:

Although the Bill has been introduced as separate bill, its proposals for data reform are broadly the same as those contained in the DPDI Bill.

Grace Astbury summarises the key provisions of the Bill and the implications for the UK data protection regime below.

Provision The Proposed Changes
Personal data Under current data protection legislation, personal data is defined as any information relating to an identifiable person. An identifiable individual is someone who can be identified directly or indirectly from the data. The Bill proposes to move towards a more subjective definition of personal data. Information being processed will only relate to an identifiable individual where:

 

(i)              the individual is identifiable by reasonable means of the controller or processor at the time of processing; or

(ii)             where the information is likely to be obtained by a third party, the living individual will be or is likely to be identified by that third party by reasonable means at the time of processing.

 

What does this mean? This updated definition seems to acknowledge the difficulties of truly anonymising personal data. It should provide businesses with more clarity on whether data they process are subject to data protection regulations.

 

Data subjects’ rights Currently, controllers may refuse or charge a reasonable fee for a request for personal data that is “manifestly unfounded or excessive”. The ICO says that this could include instances where the requester is attempting to harass the organisation, with the intent of causing disruption, or where the request is malicious. This threshold is being shifted to “vexatious or excessive” in an effort to capture a wider number of requests. This will now include requests intended to cause distress, requests not made in good faith and requests that are an abuse of process.

 

What does this mean? Businesses will hopefully be able to refuse a greater number of illegitimate data requests. That being said, it is unlikely that businesses will see a significant change to the number of requests received.

 

Record keeping Businesses (whether controllers or processors) will only need to keep records of processing where such processing activity is likely to result in a high risk to the rights and freedoms of individuals, regardless of the size of the business (including the number of employees). When assessing high risk processing, controllers must take into account the nature, scope, context and purposes of the processing.

 

DPIAs will no longer be mandatory, instead replaced with obligations on businesses to assess and mitigate risk by undertaking an “assessment of high-risk processing”.

 

What does this mean? Business will only be required to keep records of processing, where they carry out high risk processing activities.

 

DPOs The requirement for businesses to appoint a DPO has been removed. Instead, public authorities and businesses undertaking processing which presents a “high risk” to rights and freedoms of individuals must appoint a “Senior Responsible Individual” (SRI). The SRI must be part of the business’ senior management but may delegate functions of the role to other skilled individuals.

 

What does this mean? Businesses will no longer be required to appoint a DPO. If they carry out high risk processing, they will need to appoint a “senior responsible individual”.

 

International data transfers

 

The Bill’s explanatory notes clarify that that it is intended to facilitate international trade by providing a clearer and more stable framework for international data transfers.

 

Controllers will be permitted to take a more risk-based approach in assessing the impact of international data transfers using a “data protection test”. Transfers will meet the test where the controller acting reasonably or proportionally considers that following the transfer, the standard of data protection would not be “materially lower” than the UK’s data protection legislation. This is a shift from the EU GDPR standard of “essentially equivalent protection”.

 

The Government also intends to make new adequacy decisions for the UK using the same approach. One of the current priorities is an adequacy decision with the US. Businesses are likely to be keen for the simplification of international data transfers. However, the Government has already admitted that if the changes concerning data transfers lead to the removal of the EU-UK adequacy decision, this could do more harm than good.

 

What does this mean? This does not make much of a change for businesses as the Bill makes it clear that mechanisms entered into before the Bill will continue to be valid.

 

ICO framework

 

The Information Commissioner’s Office (ICO) will be replaced by the “Information Commission” and given a new statutory framework including the implementation of a principal objective and general duties relating to its role under data protection legalisation. The Secretary of State will have more oversight over the ICO through powers to designate a statement of strategic priorities and approve codes of practice.

 

What does this mean? No real practical changes for business owners, but this is part of a wider set of changes aimed at keeping the ICO sufficiently independent.

 

PECR Businesses will no longer have to seek consent for all types of cookies and other tracking technologies. The Bill will bring in exemptions for non-intrusive analytics cookies such as those used to ensure website functionality. The long-term aim is to move to an “opt out” consent model which relies should remove the need for pop up cookie banners but relies on browsers having opt out functionality.

 

The ICO will also be permitted to increase fines under PECR, in line with those currently levied under UK GDPR – up to £17.5m or 4% of a business’ total annual worldwide turnover.

 

What does this mean? The rules about website cookies will be relaxed so consent will not always be necessary. On the other hand, the fines are increasing, so it would be worth keeping an eye on the new rules.

 

Legitimate interests Businesses frequently rely on legitimate interests as their lawful basis for processing personal data.

 

The Bill provides some examples of processing which may be considered necessary for the purposes of legitimate interests such as:

(1)   Processing necessary for the purposes of direct marketing

(2)   Intra-group data sharing for administrative purposes, and

(3)   Processing necessary for the purposes of ensuring network and information system security.

 

Controllers will still be required to undertake an exercise of balancing their legitimate interests against the individual’s interests, rights and freedoms. Businesses may push the government to include other examples of processing necessary for the purposes for legitimate interests to provide greater certainty.

 

What does this mean? The examples provided will hopefully make it easier for businesses to determine whether their data processing has a legitimate interest.

 

Recognised legitimate interests As outlined above, controllers are required to carry out a balancing exercise, weighing their legitimate interests against the rights of the individual.

 

However, the Bill proposes the introduction of a new lawful basis: ‘recognised legitimate interests’. Controllers processing personal data on the basis of a recognised legitimate interest will not be required to carry out the balancing exercise, provided the processing falls within the activities outlined in Annex 1 to the Bill. The activities include processing for detecting, investigating or preventing crime. The explanatory notes to the Bill clarify that ‘crime’ would also cover economic crimes such as fraud, money-laundering or terrorist financing, amongst other things. This may be of relevance to businesses who carry out checks into their customers or suppliers.

 

Other recognised legitimate interests include processing for national and public security and defence, emergencies, safeguarding vulnerable individuals and democratic engagement. The Secretary of State may also add additional activities to the list.

 

What does this mean? If businesses can argue that their data processing falls in one of the recognised legitimate interests set out above, they won’t have to carry out and record the balancing test – they can just rely on the recognised legitimate interest.

 

 

The proposed changes seem to be more of an evolution of the UK GDPR rather than a complete departure, alleviating some but not all of the compliance burdens under the UK data protection regime. Businesses will be afforded some greater flexibility in meeting the legal requirements for their data processing activities. Should the Bill be passed in its current form, businesses should carefully consider whether their current practices and procedures meet the requirements under the Bill. However, at this stage businesses should not take any immediate steps to modify their practices. It is likely that in most cases, where a business is GDPR-compliant, they will also be compliant under the new regime proposed by the Bill.

Michelle Donelan, Science, Innovation and Technology Secretary stated that “no longer will our businesses have to tangle themselves around the barrier-based European GDPR”. However, whilst the changes move the UK’s data protection regime away for the EU GDPR, the Bill cannot make changes to obligations under the EU GDPR. Therefore, businesses processing the personal data of individuals based in the EEA will still be required to comply with the EU GDPR. Businesses who process the personal data of both UK and EEA based individuals may have little desire to have separate data practices for their EU and UK operations.

On 17 April 2023, the second reading of the Bill took place, which gave MPs a chance to debate the main principles. The Bill passes this stage but in the course of the debate, concerns were raised in relation to the ICO’s independence, the UK’s adequacy status with the EU and the overall complexity of the Bill. The Opposition welcomed the Bill’s overarching principles but suggested that it did not go far enough. The Bill will now proceed to Committee stage to be scrutinised line by line. The first sitting of the Public Bill Committee is expected to be on 10 May, with the Committee being scheduled to report by 13 June. It remains to be seen what amendments could be on the horizon.

In the coming months, businesses will need to watch out for confirmation of the timing for implementation of the Bill and whether there is general cross-party support for the proposals. Further, the European Commission is yet to release its view on the proposals for reform under the Bill, raising the question – is the UK on a collision course with its adequacy decision with the EU?

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Pannone Corporate – the North West law firm – has expanded its team with the senior appointment of David Walton.

David joins Pannone’s regulatory team as partner, bringing over 30 years’ experience to the role. He joins from Keoghs LLP, where he played an instrumental role in establishing the crime and regulatory team, working throughout his career on high profile prosecutions instigated by the CPS, HSE, Environmental Health and the Environment Agency.  This includes the CPS-led prosecution following the death of four employees in the Bosley Mill (Macclesfield) explosion in 2015.

At Pannone, David will be responsible for supporting corporate and individual clients facing investigation and/or prosecution by a raft of bodies, including the Police, the HSE, CQC, CIW and Trading Standards, following serious work place accidents or incidents. He will work alongside associate partner Bill Dunkerley to promote the regulatory team’s capabilities to existing and new clients of Pannone Corporate.

Paul Jonson, senior partner at Pannone, said: “Client services is an integral part of our proposition as a firm and that can only be delivered by a highly skilled and talented team. We continue to build our expertise at all levels and David’s appointment is a significant hire – not only for the regulatory team, but the firm as a whole.

“David has an excellent reputation within the marketplace, consistently being ranked as a ‘leading individual’ by Legal 500 and Chambers rankings. He has a wealth of experience in handling heavyweight health and safety prosecutions over a hugely successful career and we’re delighted to have him onboard.”

David said: “I have enormous respect for the Pannone Corporate brand and for the people who have established it over a relatively short period of time.

“I believe my professional and personal background, and my approach to workplace life, is ideally suited to the Pannone culture and to the people who work there. Bill Dunkerley was my assistant for several years when he worked at Keoghs and it’s exciting for both of us that we have the opportunity to work together again. Many of our clients and peers have commented that it is great to see the ‘Dave Walton/Bill Dunkerley team’ back together again!”

Commenting on the sector, he added: “Traditionally, regulatory lawyers are called into action when a client is in distress. Whilst that will undoubtedly continue, I believe the sector will carry on evolving in line with the HSE’s own strategy for the next 10 years, which includes an increased focus on the prevention of accidents. As a result, there will be considerable opportunities for the team to support clients in improving what they already have in place, stress testing systems and procedures and reinforcing key aspects of employee training.”

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Those at the helm of a business should always be looking ahead and taking proactive measures to help future-proof the success of their organisations. 

As a leader, if you’ve carried out financial forecasting exercises and have concerns over the commercial viability of the business in the coming months or years, then now is likely to be an ideal time to consider undertaking an exercise to restructure or reorganise the business.

Restructuring does not have to be a significant exercise and it does not have to involve formal insolvency. Often there are relatively simple steps that can be taken to  support the goal of becoming more profitable and building longevity – but where do you start? Here, I share the five key areas to consider in the early stages of restructuring.

Identifying that things aren’t going to plan is one thing, but truly understanding the root cause of the issue is another – and until you know exactly what’s causing pressure, you can’t make an informed plan.

Is it a particular area of the business that’s underperforming, a major contract that isn’t profitable, or lease liability at a site that isn’t commercially viable? Perhaps a particular creditor is causing issues, or you’re stuck in the throes of litigation?

Asking questions like this should be the first stage in developing a restructuring strategy – it will not only identify current issues that need addressing now, but potential future headaches that could be avoided.

The next stage in the process is to audit your existing banking and financial arrangements and explore whether they can be altered to afford the business some financial breathing space. 

There are several options to consider, such as whether terms can be extended or renegotiated, or if a factoring or invoice discounting facility could assist with cashflow. Alongside banking arrangements, you should also review supplier contracts – can prices or payment terms be renegotiated to avoid operations grinding to a halt?

Although you may not want to make long term changes here, even temporary alterations in arrangements could help you navigate current business distress until you’re in a more stable position. 

When a business is struggling with debt and cash flow is lacking, an option to consider before exploring external financing is looking to negotiate with your existing creditors. You can ask to lower your monthly payment amounts, extend payment terms, or seek to set up a longer term payment plan.

You’ll need to demonstrate that you’re able to keep up with the proposed new terms and be prepared for creditors to deny your request but, as they say, if you don’t ask, you don’t get!

As much as every business owner wants to avoid making staff cuts, it’s worth considering whether a redundancy process or reduction in staff numbers could assist – or whether hours or contracts could be reduced to save costs. 

The unfortunate reality is that, in some cases, reducing internal resource is unavoidable. However, if you’re considering making redundancies as part of restructuring plans, you must follow the usual process. Take professional advice to avoid unfair dismissal claims which could lead to even more stress and expense. 

Simplifying the corporate structure of a group can also support in a business restructure. You should review whether contracts and liabilities are distributed effeiciently between parent companies or subsidiaries.

A reorganisation will often involve the transfer of assets, which may be shares in another group company or the business of another group company from one to another.

You could manage risk or exposure by moving liabilities around the group, or creating specific subsidiaries.

Restructuring can feel overwhelming but once you’ve identified issues, solutions may well present themselves. The best way to approach each stage should be discussed with a lawyer, but if solutions are not obvious or straightforward, you may need to consider a more formal process. 

Over the next blogs within this series, we’ll take a deep dive into the following options:

If you need restructuring advice now, don’t hesitate to contact one of our experts. We’d be happy to help. Contact restructuring and insolvency partner, Daniel Clarke on  (0) 7920 237687 or email daniel.clarke@pannonecorporate-com.stackstaging.com



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600-miles, nine consecutive days and a lot of mud and rain later, employment partner Jack Harrington has conquered the notorious Vietnamese Ho Chi Minh trail – all in the name of charity.

Along with six friends, Jack set off on the once in a lifetime charity challenge at the end of March, cycling from Hanoi in the north of the country, before heading south through jungle routes and mountains to Hoi An. In often hot, wet and muddy conditions, the group cycled between 95 and 140 kms each day, spending two consecutive days covering around 200 miles.

The cycling feat, which was delayed for three years due to the COVID-19 pandemic, was completed in memory of friend Dean Masom, with money raised being donated to The Dean Masom Hope Tribute Fund (supporting The Christie) and Once Upon a Smile, the only charity of its kind to provide emotional and practical support to bereaved families.

Jack said: “Sadly, in 2010 we lost our friend Dean, who died at just 39 from a brain tumour. When we agreed  to embark on this cycling challenge we decided to use it to raise money for the memorial fund set up in Dean’s name to support the incredible work that is carried out at The Christie into cancer research and treatment, while also supporting the brilliant work done by Once Upon a Smile.”

 On his return from Vietnam, Jack said: “This was by far the hardest thing I have ever done, but we all managed to finish it!

“It’s fair to say that we’re all exhausted after cycling nearly1,000 km over nine days through a mixture of gruelling heat, driving rain and kamikaze drivers! On the final day, in temperatures over 30 degrees, we climbed the infamous Hai Van pass and eventually finished the ride in the lovely town of Hoi An. We’re delighted to report that, together with the original sponsorship, we have raised nearly £10,000 for two fantastic charities.”

If you would still like to donate, visit https://www.justgiving.com/team/velovietnam1

 

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In our latest instalment of My Life in Law, we catch up with employment solicitor, Lorna Shuttleworth.

She tells us all about her career journey with Pannone over the last five years and why she’d love to see more animals in the office!

When did you join Pannone Corporate?

I first joined Pannone Corporate in April 2019 as a paralegal in the real estate team. I left in September 2019 to complete my LPC and returned in September 2020 to start my training contract.

I’m now a solicitor in the employment team after qualifying in September 2022.

What was your role/experience prior to joining?

I graduated from university in 2018 and went to work for an investment platform in Salford Quays. My role was two-fold: Quality and Audit Supervisor; and CASS SME. I split my time between monitoring compliance with the FCAs CASS rules, training members of the client services team, and carrying out quality checks and audits.

Prior to and during my studies, I also worked in various roles including as a sales assistant at Next and in hospitality at Manchester United.

Why did you join Pannone?

Whilst at university, I undertook various vacation schemes and had a number of interviews at large national firms, but I didn’t feel that they were quite right for me. I decided to try a different industry but, after a few months, I realised that wasn’t for me either.

I came in to discuss the paralegal position at Pannone and was surprised at how welcome I was made to feel from the first day. I could tell that I would be supported and valued as part of a team.

What route did you go down, in terms of training and qualifications?

I studied law at the University of Leeds and graduated in 2018, moving away from law for a short while before starting as a paralegal at Pannone in April 2019. I then went on to complete the LPC alongside an LLM (Masters in Legal Practice) at BPP in Manchester and returned to Pannone to start my two-year training contract in September 2020.

Why did you choose this route?

I decided whilst doing my GCSEs that I wanted to pursue a career in law and knew early on in my degree that I wanted to be a solicitor. At the time, this was really the only route which was openly discussed for qualifying into private practice.

What is the most satisfying aspect of your job?

Finding a solution to a particularly challenging issue is always satisfying – one of my favourite parts of this role is that there is always a new challenge cropping up; it never gets boring!

What does a typical day look like?

Every day is different. In the employment team, we deal with both contentious and non-contentious matters, so I might be reviewing contracts and handbooks, or preparing for a tribunal. Most days, there are urgent queries to deal with, which could relate to any day-to-day employment issue from disciplinaries, grievances or managing sickness absence.

What are your career ambitions?

Personally, I’d like to keep learning and continue to improve. Over time, I’d also like to offer the same level of support that I have received to more junior members of the firm and help them to develop.

If you were managing partner for the day, what’s the first thing you would do? 

Bring in a ‘Cats in the Office’ policy – having my cat roaming around and popping up on video calls is the main thing I miss about working from home!

What would you be doing if you didn’t have a career in law? 

When I was at school, I always said I wanted to be a graphic designer – unfortunately, I wasn’t too talented at art or IT! I’d also love to do interior design, so maybe something creative.

What can lawyers/the legal profession do to better support clients? Does anything need to change?

At an individual level, I think we can all be better at open and honest communication, keeping clients updated – and avoiding ‘lawyer talk’!

In terms of the legal profession more broadly, more diversity and inclusion across the board would be beneficial – it would help us to better understand the needs of our clients and, as a result, support them in more appropriate way. I think the legal profession is becoming more inclusive gradually, but there is still more to be done.

What do you enjoy doing outside of work?

Since we spend a lot of our time at a desk, I love getting out for a walk somewhere quiet at the weekend when the weather allows! On a rainy day, it’s relaxing at home with my cat, Merlin. I also have a season ticket for Manchester City, so I go to matches with my Dad and Grandad.

Do you have any particular skills/talents that your work colleagues may not know about?

I used to do Latin and ballroom dancing when I was younger, although I’m not sure I’m very skilled in that anymore!

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In the final piece in our series commenting on Manchester’s aims to achieve net zero by 2038, we look to the future and offer our predictions as to som...

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Ten in 10 – David Walton - Pannone Corporate

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Pannone Corporate has advised on the share sale of Detectronic– a specialist in sewer and wastewater network monitoring and management.

The Lancashire-based company was acquired for an undisclosed sum by environmental services business Adler and Allan Limited. This is A&A’s fourth acquisition in the utilities sector, and sixth overall in the last 18 months. The deal will further enhance its capabilities in wastewater telemetry and monitoring.

Pannone’s corporate team advised the shareholders of Detectronic, a long-standing client of the North West law firm. The team included corporate partner, Tom Hall, and Andrew Walsh, senior associate. They were supported by Renee Neophytou and Lizzie O’Leary.

Hall said: “Since we first started working with the team at Detectronic more than a decade ago, the company has built up an unrivalled reputation for its innovative and creative approach to environmental services, with extensive experience in sewer and wastewater management.

“The business has achieved enormous success in recent years and the sale to a company of the ambition of Adler and Allan marks an important chapter in Detectronic’s growth journey. As a long-standing and trusted client, we look forward to seeing how the company flourishes under the expert stewardship of Adler and Allan.”

Detectronic is an environmental and engineering company with a proven track record of helping customers prevent flooding and reduce pollution. It designs and manufactures a range of flow and level monitors for wastewater monitoring including LIDoTT, a market-leading range of sewer level monitoring devices.

Steve Woods, Executive Chairman at Detectronic, said: “We are delighted to be joining the Adler and Allan Group. The services it offers, combined with its established position in the utilities market, allows us to extend our expert monitoring and management solutions to more companies.”

Adler and Allan provides environmental services across utilities, energy, and industrial infrastructure, to reduce risk to the environment, people, and organisations.

Latest News

What next for net zero? - Pannone Corporate

In the final piece in our series commenting on Manchester’s aims to achieve net zero by 2038, we look to the future and offer our predictions as to som...

Read more...
Ten in 10 – David Walton - Pannone Corporate

As part of our 10th anniversary celebrations, we wanted to speak to people across the firm – from those who were here at the beginning of our journey, ...

Read more...
The Battle of the Supermarket Giants – how Lidl defeated Tesco over its logo design - Pannone Corporate

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Welcome to our latest IP update – insight into the most recent cases and developments in IP law. We’ll uncover the news stories most relevant to you and provide insight into what they mean for your business.

To find out more, click here

If you have any questions about the updates or any IP issues or challenges you’re facing, please contact Melanie McGuirk or Alexandria Winstanley.

Latest News

What next for net zero? - Pannone Corporate

In the final piece in our series commenting on Manchester’s aims to achieve net zero by 2038, we look to the future and offer our predictions as to som...

Read more...
Ten in 10 – David Walton - Pannone Corporate

As part of our 10th anniversary celebrations, we wanted to speak to people across the firm – from those who were here at the beginning of our journey, ...

Read more...
The Battle of the Supermarket Giants – how Lidl defeated Tesco over its logo design - Pannone Corporate

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Employment partner Jack Harrington is taking on the notorious Vietnamese Ho Chi Minh trail later this month, as part of a charity challenge in memory of friend Dean Masom.

The seven-strong group – who were supposed to take on the cycling fundraiser three years ago, but had to cancel it due to the COVID-19 pandemic – will set off on 26 March.

The team will cycle for nine consecutive days, starting from Hanoi in the north of the country, before heading south through jungle routes and mountains in temperatures reaching up to 35 degrees. Cycling between 95 and 140 kms each day, they will spend two consecutive days covering around 200 miles, before finishing their once in a lifetime challenge in Hoi An.

So far, Jack and the team have raised £3,500, which has already been donated to their chosen charities – The Dean Masom Hope Tribute Fund (supporting The Christie) and Once Upon a Smile, the only charity of its kind to provide emotional and practical support to bereaved families. The group now hopes to raise a further £3,500 three years on from when the initial trip was set to start.

Jack explains: “Sadly, in 2010 we lost our friend Dean, who died at just 39 from a brain tumour. When we agreed  to embark on this cycling challenge we decided to use it to raise money for the memorial fund set up in Dean’s  name to support the incredible work that is carried out at The Christie –into cancer research and treatment, while also supporting the brilliant work done by Once Upon a Smile.

“The small matter of a global pandemic may have set us back a few years, but we’re determined to take on the infamous Ho Ch Minh trail. After several training rides in Spain, we’re now set to finally begin the challenge later this month.”

The Dean Masom Hope Tribute Fund was set up to support brain tumour research at The Christie. Currently little is known about brain tumours, with research projects only receiving minor funding at present.

Jack added: “Throughout Dean’s life, and brief illness, he made those who loved him very proud and was a keen fundraiser. I’m sure he’d be very proud of the tribute fund and the work it’s helping to support, as well as everyone involved.”

Pannone Corporate is one of a number of corporate sponsors supporting the team’s efforts on 26 March. These include: Northstone, Peel L&P, Aptus Utilities, Eurogold, E3P , NJL Consulting,  Daintree, Verlingue  and Tritech.

Paul Jonson, senior partner at Pannone Corporate, said: “We’re absolutely delighted to be supporting Jack and the team on what is an epic challenge. After months of training, and years of waiting, they’re all set to take on Ho Chi Minh trail  and raise money for two extremely worthy causes. We wish them all the very best on their nine-day challenge.”

If you would like to donate to the challenge, visit https://www.justgiving.com/team/velovietnam1 

Latest News

What next for net zero? - Pannone Corporate

In the final piece in our series commenting on Manchester’s aims to achieve net zero by 2038, we look to the future and offer our predictions as to som...

Read more...
Ten in 10 – David Walton - Pannone Corporate

As part of our 10th anniversary celebrations, we wanted to speak to people across the firm – from those who were here at the beginning of our journey, ...

Read more...
The Battle of the Supermarket Giants – how Lidl defeated Tesco over its logo design - Pannone Corporate

In a trade mark battle of the supermarket giants, Tesco has lost its appeal against a decision that it infringed Lidl’s logo. The supermarket will now ...

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Financial trouble can hit any business and, in a post-pandemic world, it’s even clearer how fragile things can be. However, if issues arise, it may be necessary to seek alternative means of securing your future.

If you hit stormy seas, what options are available to help your business?

One of the most effective and common methods of securing an organisation’s position in the market – and to which financial hardship is not necessarily a pre-requisite – is a business restructure.

Restructuring is a catch all term that involves changing the financial, operational, legal, or other structures of a business to improve efficiency, profitability and cash flow. There are no hard and fast rules as to what a restructure will look like but it tends to involve refinancing, streamlining and/or corporate simplification, sometimes combined with a formal insolvency process, sometimes not, typically with the overarching aim of dealing with debt. However, companies may also restructure if they’re preparing for a sale, buyout, merger, or transfer of ownership.

There are significant benefits to undertaking a restructuring exercise and business owners should try not to be anxious about the process – it’s an opportunity to reflect on its current position and take the necessary steps to shape the future you want.

However, it’s important to bear in mind that restructuring is by no means a one size fits all process –what may work for one company, could be totally unsuitable for another. In order to be effective, the process requires the expertise and support of specialists who can work closely with the management team and other key stakeholders to devise and deliver an appropriate plan.

Here at Pannone Corporate, we’re experts in providing pragmatic advice to businesses of all sizes across a wide range of business sectors. Our Corporate Recovery team can help identify and implement the best solution in so far as restructuring is concerned – all done in a way that is tailored to your current needs, with a focus on you future strategic objectives.

Over the coming weeks, we’ll be developing a series of blogs to give business owners all the information they needs about the options available to them when it comes to restructuring. You’ll hear from a range of specialists as we cover:

If you need restructuring advice now, don’t hesitate to contact one of our experts. We’d be happy to help. Contact restructuring and insolvency partner, Daniel Clarke on  (0) 7920 237687 or email daniel.clarke@pannonecorporate-com.stackstaging.com

Latest News

What next for net zero? - Pannone Corporate

In the final piece in our series commenting on Manchester’s aims to achieve net zero by 2038, we look to the future and offer our predictions as to som...

Read more...
Ten in 10 – David Walton - Pannone Corporate

As part of our 10th anniversary celebrations, we wanted to speak to people across the firm – from those who were here at the beginning of our journey, ...

Read more...
The Battle of the Supermarket Giants – how Lidl defeated Tesco over its logo design - Pannone Corporate

In a trade mark battle of the supermarket giants, Tesco has lost its appeal against a decision that it infringed Lidl’s logo. The supermarket will now ...

Read more...

View all posts

Pannone Corporate has strengthened its retail and leisure credentials with a trio of client wins, after recently being appointed by The Lowry, New Balance and Beauty Bay.

The North West law firm will provide legal support to the renowned North West arts centre, The Lowry, while the firm has also recently been appointed to the legal panel for New Balance – a global sports footwear and apparel manufacturer. In addition, Pannone has joined the legal panel for skincare and cosmetics retailer, Beauty Bay.

Paul Jonson, senior partner at Pannone Corporate, said: “Retail and leisure remain a core part of our experience, and we are delighted to kick off the first quarter of the year with such positive additions to our expanding client portfolio.

“The Lowry, New Balance, and Beauty Bay, are all prominent brands across key their own retail and leisure sub-sectors, and help to strengthen our industry credentials in the regional market, across a range of teams and specialisms.”

Last year, Pannone was appointed by Costcutter and The Fragrance Shop, as well as being reappointed to the Boohoo Group legal panel. Pannone Corporate works alongside a growing list of retail and wholesale businesses including Bestway and Iceland.

Jonson added: “Retail and leisure are hugely varied and constantly evolving sectors, which continue to demonstrate dynamism in the face of strong economic headwinds and changing consumer dynamics. Whether it’s sports, fashion, arts and culture, or beauty, each has distinct challenges and opportunities. Our team is perfectly placed to support clients as they continue on their growth journey – both domestically and overseas.”

Latest News

What next for net zero? - Pannone Corporate

In the final piece in our series commenting on Manchester’s aims to achieve net zero by 2038, we look to the future and offer our predictions as to som...

Read more...
Ten in 10 – David Walton - Pannone Corporate

As part of our 10th anniversary celebrations, we wanted to speak to people across the firm – from those who were here at the beginning of our journey, ...

Read more...
The Battle of the Supermarket Giants – how Lidl defeated Tesco over its logo design - Pannone Corporate

In a trade mark battle of the supermarket giants, Tesco has lost its appeal against a decision that it infringed Lidl’s logo. The supermarket will now ...

Read more...

View all posts