At our recent claims club, we covered the following topics:
• potential implications for highway claims from the revised UKRLG Codes of Practice - Steven Conway has been involved with the Department of Transport/UKRLG review of the highway code of practice since 2011 as a contributing member and provides an update as to the progress of the review together with a look at the potential implications for highway claims from the revised code
• social care issues provide some of the greatest challenges to insurance and risk managers. Our panel of experts discussed; non-delegable duties and vicarious liability for foster parents (in the light of the Court of Appeal's consideration of our case of NA v Nottinghamshire); child sexual exploitation claims; the Goddard Inquiry; human rights claims in the family courts; and historical abuse claims - what you need to know
• rounded off with a quiz on the legal highlights of the last 12 months.
https://www.brownejacobson.com/insurance
On-Body Cameras: Answering Tough Questions from Empirical and Legal StandardsBest Best and Krieger LLP
Best Best & Krieger attorney Jordan E.A. Ferguson delivered a presentation titled, "On-Body Cameras: Answering Tough Questions from Empirical and Legal Standards." In his presentation (below), Jordan discusses the promises and challenges of law enforcement use of body-worn cameras, establishing policies surrounding their use and the privacy, data retention and criminal justice issues that go along with them.
On-Body Cameras: Answering Tough Questions from Empirical and Legal StandardsBest Best and Krieger LLP
Best Best & Krieger attorney Jordan E.A. Ferguson delivered a presentation titled, "On-Body Cameras: Answering Tough Questions from Empirical and Legal Standards." In his presentation (below), Jordan discusses the promises and challenges of law enforcement use of body-worn cameras, establishing policies surrounding their use and the privacy, data retention and criminal justice issues that go along with them.
Encouraging Internal Compliance Communication WebinarCase IQ
Attorney Lisa Noller and Michael Weisman, Chief Counsel, Compliance at Kraft Foods Group, discuss tips for getting your employees to speak up about workplace misconduct.
We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers. Previously the Court of Appeal was dismayed about the damages claims, that had been litigated with little regard to, or understanding of, the law and reality of social care practice. Some of the team involved in the case discus what might happen next, and analyse the practical effect for you of the Supreme Court judgment.
Whilst that judgment has been awaited many claims have been on ice, but to fill that gap we are seeing many of our clients being affected by:
- pressure to consider Redress Schemes
- the Independent Inquiry into Child Sexual Abuse
- claims being brought directly against them as fostering agencies
- claims under the Human Rights Act
- issues following the implementation of GDPR.
For further information and training visit our webpage - https://www.brownejacobson.com/insurance
This seminar aims to give practical advice to those investigating and prosecuting regulatory offences. We also look at the new powers of the Magistrates and sentencing guidelines for regulatory offences to assist you in presenting cases to ensure meaningful penalties are imposed.
We will be covering:
• immediate challenges in the hours and days after an incident
• identifying the suspect
• preparing your case - admissible evidence
• effective use of compulsory powers
• interview under caution - disclosure, defence tactics and how to deal with them
• drafting effective case summaries and Friskies Schedules
• the reluctant defendant - basis of a guilty plea, unused material and costs
• sentencing - giving the court the tools to do the job - including Proceeds of Crime Act and the new sentencing guidelines for regulatory offences.
This session is delivered by experienced solicitor-advocates who have advised local authorities on a variety of criminal and regulatory investigations and prosecutions as well as prosecuting on behalf of a range of other regulators including the Health and Safety Executive. It is intended to supplement your existing knowledge and assist you in building stronger cases able to withstand scrutiny in the Magistrates and Crown Court.
https://www.brownejacobson.com/sectors-and-services/services/regulatory
Litigation and inquest forum, Nottingham - September 2016Browne Jacobson LLP
At our September forum we cover:
• Hillsborough: lessons to be learnt - by Andrew Hopkin, Partner at Browne Jacobson - the involvement of Browne Jacobson in Hillsborough and lessons that trusts and providers can take from this seminal case
• Learning lessons: identifying and communicating learning from complaints, claims and inquests - by Mark Barnett, Partner at Browne Jacobson - an interactive session giving tips and advice as to how trusts can ensure that learning is effectively disseminated to front line staff
• Inquests: the beginning or the end? The impact of inquests upon disciplinary, regulatory and criminal proceedings - by Kate Brunner QC. This session includes:
o the value of SUI's and their impact upon regulatory and employment issues
o when to whistle blow - should CQC and NCAS be involved?
o timing of internal investigations and the quality of the investigators
o referrals to the Coroner and whether to pause until after the inquest.
https://www.brownejacobson.com/health/services/inquests-and-investigations
At our September forum we cover:
• Hillsborough: lessons to be learnt - by Andrew Hopkin, Partner at Browne Jacobson - the involvement of Browne Jacobson in Hillsborough and lessons that trusts and providers can take from this seminal case
• Learning lessons: identifying and communicating learning from complaints, claims and inquests - by Mark Barnett, Partner at Browne Jacobson - an interactive session giving tips and advice as to how trusts can ensure that learning is effectively disseminated to front line staff
• Inquests: the beginning or the end? The impact of inquests upon disciplinary, regulatory and criminal proceedings - by Kate Brunner QC. This session includes:
o the value of SUI's and their impact upon regulatory and employment issues
o when to whistle blow - should CQC and NCAS be involved?
o timing of internal investigations and the quality of the investigators
o referrals to the Coroner and whether to pause until after the inquest.
https://www.brownejacobson.com/health/services/inquests-and-investigations
Litigation and inquest forum, Birmingham - September 2016Browne Jacobson LLP
At our September forum we cover:
• Hillsborough: lessons to be learnt - by Andrew Hopkin, Partner at Browne Jacobson - the involvement of Browne Jacobson in Hillsborough and lessons that trusts and providers can take from this seminal case
• Learning lessons: identifying and communicating learning from complaints, claims and inquests - by Mark Barnett, Partner at Browne Jacobson - an interactive session giving tips and advice as to how trusts can ensure that learning is effectively disseminated to front line staff
• Inquests: the beginning or the end? The impact of inquests upon disciplinary, regulatory and criminal proceedings - by Kate Brunner QC. This session includes:
o the value of SUI's and their impact upon regulatory and employment issues
o when to whistle blow - should CQC and NCAS be involved?
o timing of internal investigations and the quality of the investigators
o referrals to the Coroner and whether to pause until after the inquest.
https://www.brownejacobson.com/health/services/inquests-and-investigations
Social care claims club, November, Birmingham & ManchesterBrowne Jacobson LLP
Social care issues continue to dominate the local authority claims landscape so we focused on a range of social care topics for our last claims clubs of the year including:
- STPs and ACOs
- Inquests
- Vicarious liability - Armes -v- Nottinghamshire County Council [2017] UKSC 60
Social care issues continue to dominate the local authority claims landscape so we focused on a range of social care topics for our last claims clubs of the year including:
- STPs and ACOs
- Inquests
- Vicarious liability - Armes -v- Nottinghamshire County Council [2017] UKSC 60
Managing serious incidents and fatal accidents, Exeter - June 2016Browne Jacobson LLP
This seminar aims to give practical advice to those being investigated and prosecuted for regulatory offences. We also look at the new powers of the Magistrates and the sentencing guidelines for regulatory offences to assist you in assessing your approach to any prosecution.
https://www.brownejacobson.com/sectors-and-services/services/regulatory
Encouraging Internal Compliance Communication WebinarCase IQ
Attorney Lisa Noller and Michael Weisman, Chief Counsel, Compliance at Kraft Foods Group, discuss tips for getting your employees to speak up about workplace misconduct.
We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers. Previously the Court of Appeal was dismayed about the damages claims, that had been litigated with little regard to, or understanding of, the law and reality of social care practice. Some of the team involved in the case discus what might happen next, and analyse the practical effect for you of the Supreme Court judgment.
Whilst that judgment has been awaited many claims have been on ice, but to fill that gap we are seeing many of our clients being affected by:
- pressure to consider Redress Schemes
- the Independent Inquiry into Child Sexual Abuse
- claims being brought directly against them as fostering agencies
- claims under the Human Rights Act
- issues following the implementation of GDPR.
For further information and training visit our webpage - https://www.brownejacobson.com/insurance
This seminar aims to give practical advice to those investigating and prosecuting regulatory offences. We also look at the new powers of the Magistrates and sentencing guidelines for regulatory offences to assist you in presenting cases to ensure meaningful penalties are imposed.
We will be covering:
• immediate challenges in the hours and days after an incident
• identifying the suspect
• preparing your case - admissible evidence
• effective use of compulsory powers
• interview under caution - disclosure, defence tactics and how to deal with them
• drafting effective case summaries and Friskies Schedules
• the reluctant defendant - basis of a guilty plea, unused material and costs
• sentencing - giving the court the tools to do the job - including Proceeds of Crime Act and the new sentencing guidelines for regulatory offences.
This session is delivered by experienced solicitor-advocates who have advised local authorities on a variety of criminal and regulatory investigations and prosecutions as well as prosecuting on behalf of a range of other regulators including the Health and Safety Executive. It is intended to supplement your existing knowledge and assist you in building stronger cases able to withstand scrutiny in the Magistrates and Crown Court.
https://www.brownejacobson.com/sectors-and-services/services/regulatory
Litigation and inquest forum, Nottingham - September 2016Browne Jacobson LLP
At our September forum we cover:
• Hillsborough: lessons to be learnt - by Andrew Hopkin, Partner at Browne Jacobson - the involvement of Browne Jacobson in Hillsborough and lessons that trusts and providers can take from this seminal case
• Learning lessons: identifying and communicating learning from complaints, claims and inquests - by Mark Barnett, Partner at Browne Jacobson - an interactive session giving tips and advice as to how trusts can ensure that learning is effectively disseminated to front line staff
• Inquests: the beginning or the end? The impact of inquests upon disciplinary, regulatory and criminal proceedings - by Kate Brunner QC. This session includes:
o the value of SUI's and their impact upon regulatory and employment issues
o when to whistle blow - should CQC and NCAS be involved?
o timing of internal investigations and the quality of the investigators
o referrals to the Coroner and whether to pause until after the inquest.
https://www.brownejacobson.com/health/services/inquests-and-investigations
At our September forum we cover:
• Hillsborough: lessons to be learnt - by Andrew Hopkin, Partner at Browne Jacobson - the involvement of Browne Jacobson in Hillsborough and lessons that trusts and providers can take from this seminal case
• Learning lessons: identifying and communicating learning from complaints, claims and inquests - by Mark Barnett, Partner at Browne Jacobson - an interactive session giving tips and advice as to how trusts can ensure that learning is effectively disseminated to front line staff
• Inquests: the beginning or the end? The impact of inquests upon disciplinary, regulatory and criminal proceedings - by Kate Brunner QC. This session includes:
o the value of SUI's and their impact upon regulatory and employment issues
o when to whistle blow - should CQC and NCAS be involved?
o timing of internal investigations and the quality of the investigators
o referrals to the Coroner and whether to pause until after the inquest.
https://www.brownejacobson.com/health/services/inquests-and-investigations
Litigation and inquest forum, Birmingham - September 2016Browne Jacobson LLP
At our September forum we cover:
• Hillsborough: lessons to be learnt - by Andrew Hopkin, Partner at Browne Jacobson - the involvement of Browne Jacobson in Hillsborough and lessons that trusts and providers can take from this seminal case
• Learning lessons: identifying and communicating learning from complaints, claims and inquests - by Mark Barnett, Partner at Browne Jacobson - an interactive session giving tips and advice as to how trusts can ensure that learning is effectively disseminated to front line staff
• Inquests: the beginning or the end? The impact of inquests upon disciplinary, regulatory and criminal proceedings - by Kate Brunner QC. This session includes:
o the value of SUI's and their impact upon regulatory and employment issues
o when to whistle blow - should CQC and NCAS be involved?
o timing of internal investigations and the quality of the investigators
o referrals to the Coroner and whether to pause until after the inquest.
https://www.brownejacobson.com/health/services/inquests-and-investigations
Social care claims club, November, Birmingham & ManchesterBrowne Jacobson LLP
Social care issues continue to dominate the local authority claims landscape so we focused on a range of social care topics for our last claims clubs of the year including:
- STPs and ACOs
- Inquests
- Vicarious liability - Armes -v- Nottinghamshire County Council [2017] UKSC 60
Social care issues continue to dominate the local authority claims landscape so we focused on a range of social care topics for our last claims clubs of the year including:
- STPs and ACOs
- Inquests
- Vicarious liability - Armes -v- Nottinghamshire County Council [2017] UKSC 60
Managing serious incidents and fatal accidents, Exeter - June 2016Browne Jacobson LLP
This seminar aims to give practical advice to those being investigated and prosecuted for regulatory offences. We also look at the new powers of the Magistrates and the sentencing guidelines for regulatory offences to assist you in assessing your approach to any prosecution.
https://www.brownejacobson.com/sectors-and-services/services/regulatory
Implications of 2015 Amendments to the Federal Rules of Civil ProcedureWinston & Strawn LLP
During this eLunch, we reviewed the practical implications of the upcoming changes to Rule 26(b) regarding the scope of relevance and proportionality and also focused on the new national uniform standard under Rule 37(e) for the implementation of curative measures and/or sanctions for the failure to preserve relevant electronically stored information.
This interactive webinar was presented by Winston & Strawn eDiscovery & information governance practice chair John Rosenthal and senior eDiscovery attorney Christopher Costello. Mr. Rosenthal was intimately involved in the rules amendment process and testified before the Advisory Committee on several occasions.
Employment law update - Browne Jacobson Exeter - 06 February 2020Browne Jacobson LLP
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR Managers and HR Directors.
At these events we will present an overview of what we consider to be the most significant developments in 2019, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2020, and how you can get ready for what will be another busy year in employment law.
Earlier this year Edward Timpson’s review on school exclusions raised the profile of the practice of exclusions, managed moves and alternative provision. Head teachers and governors are now under increasing scrutiny to conduct the end-to-end process in a fair and consistent manner (and in line with the statutory guidance) to ensure that the best possible outcome for the school, its staff, its pupils and the parents is achieved.
In this webinar, Senior Associate Hayley O’Sullivan, explores the current exclusions landscape, looks at prospective changes to policy and practice and share examples of best practice to help you avoid common pit-falls when it comes to managing exclusions.
Hayley also provides an overview to the existing statutory guidance, proposed developments in relation to managed moves and alternative provision and share her thoughts on the anticipated changes in regulation as a result of the review.
Local authority acquisition and disposal of land - July 2019Browne Jacobson LLP
Ongoing austerity requires authorities to “sweat their assets” and land holdings are a significant focus for the generation of revenue and capital. These slides cover commercial and public law considerations in relation to:
- Powers to acquire land
- Powers to invest through land acquisition including investment purchases
- Potential barriers to disposal
- Powers to appropriate land
- Planning permission
- Powers to dispose of land
- Pre-conditions relating to disposal of land
- A capital receipt or a revenue stream
- Development vehicles and options
- Who do you need to be able to satisfy as to the legality of land transactions
Your employees, their future employers, and your intellectual property - July...Browne Jacobson LLP
Innovation and creativity is driven by your people. How do you as a business encourage innovation, capture the relevant IP assets and reward your innovators? What happens when a key individual leaves the business – how do you ensure that your R&D crown jewels remain legitimately protected? In a market of ever increasing competitive collaboration, setting up the right strategy to ensure the appropriate safeguards are in place and are communicated to your employees is important.
At this Public Sector Planning Club we reviewed:
- Recent developments in planning law, including cases and guidance
- Consideration of the use of planning conditions, including the appropriate use of pre-commencement conditions
- The powers available for stopping up and diverting highways, when these may be used, and points to consider
Browne Jacobson, Deloitte and DoctorLink are pleased to invite you to our first joint health tech seminar with leading industry thought leaders. This will be a practical session, sharing experience from across the NHS and beyond to inform options on how to improve services, break down silos and focus on population health outcomes.
This event is exclusively for Commissioners, GPs, and Policymakers keen to understand how new integrated care systems and models of care can meet the needs of their local population and can be implemented pragmatically and affordably to drive improvement goals and achieve better health, better care and better value.
Education Law Conference Manchester - Monday 10 June 2019Browne Jacobson LLP
Designed to inform, challenge and enliven your perspectives, our packed agenda was designed to provide innovative ideas and fresh perspectives. With a headline session on the management of transgender children needs within a school setting, we aim to provide you with the advice and guidance that the sector currently lacks.
Other topics included:
learning from child death inquests
good governance – so much more than compliance
managing difficult parents and their complaints.
Designed to inform, challenge and enliven your perspectives, our packed agenda was designed to provide innovative ideas and fresh perspectives. With a headline session on the management of transgender children needs within a school setting, we aim to provide you with the advice and guidance that the sector currently lacks.
Other topics included:
learning from child death inquests
good governance – so much more than compliance
managing difficult parents and their complaints.
The IICSA has a number of investigative streams, and one of its areas of focus is Accountability and Reparations. It has already recommended that the Government sets up a Payment Scheme for former Child Migrants, and the Government has acted upon it.
Is a redress scheme the way forward for abuse claims? How might it impact your organisation? We are helping more and more organisations explore the pros and cons of redress schemes so that they can decide whether a scheme is right for them and what the longer term impacts might be.
Our Birmingham Claims Club event will cover the following:
- Civil Liability Act 2018
- Freedom of Information Act requests - including 'Information Law, why is it relevant?'
- Brexit and local government
Our London Claims Club event will cover the following:
- Civil Liability Act 2018
- Freedom of Information Act requests - including 'Information Law, why is it relevant?'
- Brexit and local government
Our Admin and Public Law seminar, chaired by Sir Robert Devereux, former Permanent Secretary for the Department for Work and Pensions was held on Thursday 4 April, covering the following topics:
- 'wearing two hats' - managing the legal risks of conflicts of interest and allegations of pre-determination/bias
- information law update session - freedom of information (FOI) cases, General Data Protection Regulation (GDPR)
- case law update
- judicial review - tactics for dealing with judicial review and case law
In this webinar recording, Selina Hinchliffe, Alex Kynoch, Nick Smee and Helen Jones hold a panel discussion covering some of the key state aid concepts and how this impacts ownership and licensing of intellectual property, both from a commercial partner, public body and university perspective.
Whilst you’ve been distracted with Brexit and what that means for your business, you’ve probably missed some significant changes in the law. In our March forum we covered:
- contract changes (what they mean to your supply chain, customers and suppliers)
- data protection (the challenges of becoming a 'third country')
- legal privilege and internal investigations (practical tips following SFO V ENRC)
- employment law (changes to employment law you need to be aware of)
- banking - your banking covenants (what to be aware of - particularly in the event of a downturn ahead)
- property (end of lease issues for business owners).
For further training and resources visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Every business, and every in house lawyer, will at some point be involved with an enquiry, an investigation, or potential litigation. During litigation, documents – including emails, attendance notes and reports – which are relevant to the litigation may have to be disclosed if they are not privileged.
So businesses need to know how it can assess litigation risk or conduct an enquiry without creating documents that it then has to produce and which may be detrimental to its position. The law on this issue has recently been considered by the Court of Appeal in two key cases: WH Holding Ltd v E20 Stadium LLP and SFO v Eurasian Natural Resources Corp Ltd.
In this webinar recording, our experts Mark Daniels and Helen Simm provide you with the key information you need to identify these issues when they arise and to know how you can best protect your position.
In this practical session we explored the legal duties of directors and the difficulties which they may face. The session focussed on individuals who are directors for public sector companies, including their role, obligations and competing interests which may arise.
At our February planning club we covered the following topics:
- planning performance agreements
- expert evidence in planning inquiries
- certificates of lawful use.
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
Mental health, capacity and deprivation of liberty case law update, February ...Browne Jacobson LLP
Rebecca Fitzpatrick looks at some of the most recent leading cases in relation to the Mental Health Act and Deprivation of Liberty, including the Supreme Court’s important decisions of 'MM' and 'PJ' which consider the interaction between the Mental Health Act and deprivation of liberty in the community. Rebecca also covered the subsequent case of 'AB' which focuses on the role of the High Court’s inherent jurisdiction in these types of cases, and the recent final report from the Mental Health Act independent review chaired by Professor Sir Simon Wessely.
We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers. Previously the Court of Appeal was dismayed about the damages claims, that had been litigated with little regard to, or understanding of, the law and reality of social care practice. Some of the team involved in the case discus what might happen next, and analyse the practical effect for you of the Supreme Court judgment.
Whilst that judgment has been awaited many claims have been on ice, but to fill that gap we are seeing many of our clients being affected by:
- pressure to consider Redress Schemes
- the Independent Inquiry into Child Sexual Abuse
- claims being brought directly against them as fostering agencies
- claims under the Human Rights Act
- issues following the implementation of GDPR.
For further information and training visit our webpage - https://www.brownejacobson.com/insurance
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
3. Well-maintained Highways
• Code of Practice for Highway Maintenance Management
• 2005 edition – last updated 18 September 2013
4. Well-maintained Highway
Infrastructure - 2015
• Release date: October 2015 – now July 2016 - tbc?
• Part 1: overarching principles
• Part 2: highways
• Part 3: structures
• Part 4: lighting
10. Status of the Code:
what the Courts say 1
• Wilkinson -v- The City of York Council – Court of Appeal [2011]
• “It is not a document which carries the force of law”
• “It makes plain that it does not purport to be mandatory”
• “I bear in mind that the national code is not a statutory
document. It is a document which provides guidance”
- Lord Justice Toulson
11. Status of the Code:
what the Courts say 2
• TR –v- Devon County Council– Court of Appeal – 2013
• “the code is clearly evidence of general good practice, its status
must not be overstated. It has no statutory basis”
• “the code does not set out mandatory rules. It is evidence of good
practice. Authorities must exercise their own judgment”
- Lord Justice Hughes
12. Status of the revised Code
• Revised Code (Draft 2) - September 2015:
13. Status of the revised Code
• Revised Code (Draft 2) – September 2015:
24. Defect categorisation: revised Code
• there isn’t one
• the degree of deficiency in highway elements will be
crucial in determining the nature and speed of response
• on-site judgment will always be needed
28. Inspection manuals
• Need to review current inspection manuals to check fit for purpose
• Check qualifications of staff – consider accredited training and
keep records
29. To do….
• Review current highway policies against new Code
• Ensure competency of staff
• Document all decisions
• Train staff on new Code
• Collaborate with other authorities
34. Scope & Approach
Three guiding principals to shape the Inquiry’s work.
• Comprehensive (transparent)
• Inclusive
• Thorough
35. Scope & Approach – Sept 2015
It has taken four months to build the architecture of
the Inquiry’s work.
• Further work needed: -
• Recruitment – researchers, research lead, Barristers,
Information Technology procurement process, helpline.
• Scope
• No cut off date.
• All state and non-state institutions.
• Sexual abuse only.
• England and Wales only.
36. Scope
“The naming of people that have been responsible for the
sexual abuse of children, or institutions that have been
at fault in failing to protect children from abuse is a core
aspect of the Inquiry’s function”.
37. Architecture of the Inquiry
• 5 workstreams: -
– Each led by a member of the Panel supported by 2
Junior Counsel, a Solicitor and a team of
Researchers.
– 3 core projects: -
• The Research project .
• The Truth project.
• The Public Hearing’s project.
38. The 5 workstreams
• Allegations of Abuse by People of Prominence in
Public Life.
• Education and Religion.
• Criminal Justice and Law Enforcement.
• Local Authorities and Voluntary Organisations.
• National and Private Service Organisations.
39. Research Project
• This will include some of the country’s lead
academics in Child Protection.
• Responsibility of a full time Research Director.
• Will need clear guidance from the Inquiry’s Legal
Team.
40. Truth Project
• Will enable any victim to share their experience at
a private session of the Inquiry.
• May take place in regional offices which are likely
to be established over a period of time.
• Private session of the Inquiry (Inquiry will not make
individual factual findings).
• Opportunity to leave short message as legacy for
the nation.
41. Public Hearing’s Project
• Up to 5 paradigm cases from each of the 5
workstreams.
• 25 paradigm cases in all.
• 25 modular Inquiries (4 - 6 weeks each).
42. Powers 2005 Inquiry’s Act
• May order any person to attend and give evidence
at a hearing (will not use those powers in relation
to victims and survivors).
• May order production of documents.
• May make findings of fact.
• Failure to comply punishable by imprisonment.
43. Findings of Fact
• “Let me make it perfectly clear that this Inquiry
will make its fact finding powers to the full, and
will not hesitate to make findings in relation to
named individuals or institutions where the
evidence justifies this”.
Inquiry will issue warning letters to those liable to be
criticised.
44. Core Participant Status
• If person played a direct and significant role.
• Has a significant interest in an important aspect of
the Inquiry.
• May be subject to explicit or significant criticism.
45. Core Participant Status - Costs
• May appoint lawyers.
• Will not automatically be entitled to funding of
those legal costs
• The Inquiry generally expects major organisations
to fund their own legal representation.
46. How will it link to other
Inquiries?
• The Historical Institutional Abuse Inquiry (Northern
Ireland) (HIA).
• Historical Child Abuse Inquiry (Scotland).
• Royal Commission into Institutional Responses to
Child Sexual Abuse (Australia).
• Independent Jersey Care Inquiry.
47. How will it link to other
Inquiries?
“Our jurisdiction includes National Institutions … in
certain circumstances the Inquiry may need to look
at events occurring outside England and Wales …
because the event relates to an Institution that is
based, or carries out at least a part of its operations,
within England and Wales”.
48. Implications for Public Sector
Organisations
Final paragraph of the opening statement
“I urge you to take a pro-active stance towards the
Inquiry – to review your files, records and procedures
voluntarily and to take the initiative to self report
instances of institutional failure – rather than
waiting for us to come and see you”.
49. Cost and Resource Implications
• Is your organisation likely to come under scrutiny from
the Inquiry?
• Some organisations have appointed staff to commence
gathering information for the Goddard Inquiry.
• Some are waiting to see what requirements will be put
upon them.
• It is clear that documents must be preserved and your
Information Management Teams need to be notified.
Letter to Chief Execs have been despatched
50. Cost and Resource Implications
Potential internal relevant material.
• Claims history?
• Complaints history?
• Reports to Local Authority Designated Officers.
• Child Protection issues.
• Internal Management Reports over the last 40
years
51. Insurance Protocol
• Is there a duty of care/breach?
• Basis of any potential claim?
• Multiple potential Defendants?
• Multi-agency working ( police, children's services,
housing, health)
52. Since September?
• September – website address changed –
inadvertently leading to all “share your
experience” forms up to 2 October 2015 being
deleted.
• October - VSCP Terms of Reference settled. One
of the panel members resigns because of a possible
conflict of interest – might be a witness
• November – Truth Project Opens in Liverpool
53. 12 Investigations announced
• Children in the Care of Lambeth Council
• Children in the Care of Nottinghamshire Councils
• Cambridge House, Knowl View and Rochdale
Council
• Child Sexual Abuse in the Anglican Church
54. 12 Investigations announced
• Child Sexual Abuse in the Roman Catholic Church
• The Sexual Abuse of Children in Custodial
Institutions
• Child Sexual Abuse in Residential Schools
• The Internet and Child Sexual Abuser
55. 12 Investigations announced
• Child Exploitation by Organised Networks
• The Protection of Children Outside the United
Kingdom
• Accountability and Reparations for Victims and
Survivors
• Allegations of Child Sexual Abuse Linked to
Westminster
56. Next steps for the investigation?
“The Inquiry is not accepting applications for core
participant status or requesting evidence just yet. We
will do so soon and details of how to do this will be
set out here…. Although we are not requesting
evidence for our investigations at this stage, the
Inquiry is encouraging all victims and survivors of
child sexual abuse to share their experience.”
57. Accountability and Reparations
• “…. focuses on the support services and legal
remedies………….responds to multiple reports of
inadequate support services, obstructive insurance
companies and a civil justice system that may not
deliver genuine reparation. We will also examine
the adequacy of other compensation schemes,
including awards made following conviction in
criminal proceedings and awards by the Criminal
Injuries Compensation Authority.”
58. What might happen?
• Australian Redress scheme
• But for now “Until the states change their laws you
can apply to churches and institutions for
compensation and an apology. You can also go on a
waiting register until a national redress scheme is
set up. Once the laws are changed you may be able
to sue in the courts without being stopped by the
limitation period or vicarious liability problems”
59. Damages
Monetary payments “should be to provide a tangible
recognition of the seriousness of the hurt and injury
suffered by a survivor”, according to the
recommendations, with an average payment of
$65,000 (£31,200) , no less than $10,000 ( £4,800) per
person and up to a maximum of $200,000 ( £96,000)
60. Where would the money come
from?
• Australian Royal Commission
• “$4 billion national redress scheme…compensation,
counselling and psychological care…funded by the
institutions where the abuse occurred, or by
governments if the abuse happened in a state-run
facility or where a non-government institution no
longer exists.”
61. Other services in Australia?
Timetabled for 2017
• Unlimited counselling for survivors
• Fast-track access to records
• “medical expenses, dental expenses, funeral plans
and other support may be available.”
62. For you
• If your LA is named, or is likely to fall within any of
the ToR, marshal your documents now – the
preliminary hearings are in February
• Consider whether you need to support witnesses
• Monitor the IICSA website weekly
• Look at your claims history – repeat customers?
• There may be no need to hold back on settling
meritorious claims based on vicarious liability.