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As the economy remains sluggish, a number of distinct trends have become apparent. In-house HR departments have skilled up over the course of the downturn, and have made redundancy exercises into a ‘tick box’ process. Low-level basic employment advisory instructions have decreased, due to client cost restraints and the availability of online materials. Firms are consequently competing at the higher end of the market, where specialisation gains increased currency.
One area which has continued to show a high level of activity is litigation, in both the High Court and the employment tribunals. The number of trials relating to team moves, restrictive covenants, bonus schemes, and all kinds of discrimination has increased, with employees striving to maintain scarce jobs, and employers taking action to stem the flood of claims. Firms such as Linklaters LLP; McDermott Will & Emery UK LLP; Herbert Smith LLP; Farrer & Co; Fox Williams LLP and Simmons & Simmons have been at the forefront for finance houses and executives, and have witnessed the development of a new thread of litigation – data breaches and privacy issues in defections to competitors. Discrimination in all its forms has also been in the spotlight, with notable cases being fought by Leigh Day & Co; Bindmans LLP; and Russell Jones & Walker.
Another consequence of the recession – attempts to enforce more stringent regulation of remuneration in the financial sector – has led to advisory work for firms such as Clifford Chance and Allen & Overy LLP; while others, from Freshfields Bruckhaus Deringer LLP to Squire Sanders Hammonds and Ashurst LLP, have assisted corporates to consolidate by transferring employees on divestments.
The change of government has, inevitably, brought wide-ranging legal changes. In the employment field, union firms Thompsons Solicitors LLP, Pattinson & Brewer, and Simpson Millar LLP – and their opponents – are gearing up for a likely increase in collective consultation and industrial action as trade unions flex their muscles over public sector cuts. The ripple effects into the private sector may encourage many growing employment teams to expand further and breakaway firms to set up.
The coalition government’s policy towards immigration led to a bewildering number of rapid changes to Tier 1 and Tier 2 immigration categories, throwing firms such as Bates Wells & Braithwaite London LLP, CMS Cameron McKenna LLP, PricewaterhouseCoopers Legal LLP and Fragomen LLP into frantic lobbying and a whirlwind of updating and appeals.
The most significant aspect of the change of government for health and safety lawyers came with the Young report and the 35% cut in the Health and Safety Executive’s budget, leading inevitably to less regulation in the area. However, the passing of the first custodial sentence for a workplace death, together with the potentially bankrupting level of fines which the first corporate manslaughter prosecution (defended by Pinsent Masons LLP) demonstrated, should mean that teams at firms such as Bond Pearce LLP, Kennedys, DLA Piper UK LLP, and Eversheds LLP remain in demand.
The world of pensions law continues to challenge corporates and fund trustees alike. Recent trends include dealing with deficits in pension schemes that have had the potential to run into billions of pounds, and liability management, particularly the management of accrual liabilities. In terms of new legislation, the change of inflation measure from RPI to CPI created automatic changes in the valuation of schemes. Sacker & Partners LLP remains the leading specialist firm and, together with global full-service giants CMS Cameron McKenna LLP, Hogan Lovells International LLP and Linklaters LLP, provides a top-tier service in both contentious and non-contentious pensions matters.
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Press releases
Legal Developments in the UK
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Revisions to the rules for tier 1 investors and entrepreneurs?
There are a number of aspects of the rules for tier 1 investors and entrepreneurs that are unclear or unnecessarily restrictive and we have been in extensive dialogue for many months now with the UKBA on a range of issues, both policy and technical. -
No substitute for experience
If there is one part of the Localism Act 2011 about which local government lawyers have considerable concerns, it is the new standards regime.- 11KBW -
CONSULTATION AND LEGITIMATE EXPECTATIONS
Clive Sheldon QC- 11KBW -
Changes to list of approved English language tests are made by the UKBA
It has been announced by the UKBA that the list of approved English language tests for those individuals applying under tiers 1,2 and 4 of the points based system has been amended. One of the main changes is the lowering of the TOEFL points score against the Common European Framework of Reference (CEFR). TOEFL now includes scores for spouse and partner applications. -
Important information about London 2012 released by the UKBA
Important information about the London 2012 Olympic and Paralympic Games has been published online by the UKBA. With the UKBA expecting to carry out security checks on more than 380,000 workers and participants, it has set out detailed information for those individuals who will be travelling to the UK for the event. The information is divided into the following categories: -
Premium sponsorship for tier 2 and tier 2 and 4 sponsors
As reported in our November 2011 Update the UKBA is planning to introduce a 'premium sponsor' category and we expect that this will be in April 2012. -
Arts Council England introduces new procedure for tier 1 (exceptional talent) applicants
From 3 January 2012, individuals applying under tier 1 (exceptional talent) of the points based system will need to follow new guidelines if they wish to have their application endorsed by Arts Council England (ACE). -
The UKBA contacts tier 2 sponsors regarding COS allowances
The UKBA has been contacting authorised officers at tier 2 sponsors in relation to the new certificate of sponsorship allowance which will become effective from 6 April 2012. Any COS issued from that date will come from the new allocation. -
The UKBA updates tier 4 sponsors on educational oversight
The UKBA has reminded all current tier 4 sponsors that if they are not already subject to inspection or review by the relevant educational oversight bodies, they must apply before the deadline stated in the current sponsor guidance. -
London 2012 visa applications open for spectators
From 1 January 2012 the UKBA will begin to process visas for non-UK spectators wishing to travel to the UK to watch the Olympic and Paralympic Games.
Press Releases in the UK
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Success for phone-hacking victims kept in the dark by the police
The Met Commissioner accepts that the failure to warn victims was unlawful -
Bindmans partner Shah Qureshi features in British Bangladeshi Power 100
Bindmans head of employment Shah Qureshi features in the first ever British Bangladeshi Power 100 list as one of the UK’s leading Lawyers. -
The Public Law Project Wales Conference 2012, 4th April 2012
Joanne Clement will be speaking at The Public Law Project Wales Conference 2012 on 4th April 2012. This is the fourth annual PLP conference in Wales which this year will be opening by John Wotton, President of the Law Society. The programme includes plenary sessions on The top ten judicial review cases in Wales, Litigating the cuts, and The tribunal system in Wales as well as a panel discussion on Public law in a future Wales. Seminar topics include:- 11KBW -
We’re all in it together says Bindmans medical negligence lawyer
RBS Chief Stephen Hester was offered a bonus of £963,000 on top of his annual £1.2million salary. We own an 82% share in this bank. Compare this to a family whose son was injured at birth, and finally 20 years later receives a £3.35m settlement payment to cover an injury that will last his life time. -
Bindmans partner Mike Schwarz featured in Big Issue
Bindmans partner, Mike Schwarz , gives interview to Big Issue in advance of Institute of Employment Rights talks in Liverpool and London. -
High Court to rule on Bindmans “locked-in syndrome” case – an issue of interest worldwide!
The case of a severely-disabled 57-year-old man who wants a judge to allow a doctor to “lawfully” end his life reached the High Court on Monday. -
Bindmans immigration lawyer Liz Barratt backs film about Aboriginal Elder
Bindmans client Francis Firebrace is one of Australia’s most original indigenous storytellers and an Aboriginal Elder. -
Penningtons boosts healthcare practice with key partner hire
London and South East law firm Penningtons Solicitors LLP is pleased to announce that it has recruited John Hargreaves to head its healthcare team. John joins Penningtons as a partner from Stephenson Harwood, where he had led the health and care group for the past five years. He will be based at Penningtons' City office. -
Penningtons partner speaks at key higher education event
Nichola Carter, partner and head of immigration at Penningtons Solicitors LLP, was one of the speakers at the Westminster Higher Education Forum on 2 February. The seminar was an opportunity to assess the role of UK universities in a rapidly changing global market for higher education. Nichola discussed the student immigration system including current Government policy and ways in which the UK's reputation as an international centre of education can be improved. -
Could Britain have tried Saif Gaddafi?
Geoffrey Bindman comments on the limits of universal jurisdiction