NWLC Magazine Spring 2021

quarterlyconsortium Issue #04 Spring 2021



Welcome to our fourth issue issue #04 23rd March 2021 marked the anniversary of towards the end of May. We are interested to the first Corona virus lockdown. What a year it find about how you found the webinar training has been for us all. and what you think about the possible return to face to face training. We also want your It was therefore quite timely that the suggestions for training topics. Do watch out Consortium Management Board recently for the survey link and make sure you have reviewed their strategy and plans for the your say. There is also the chance to win a £25 coming year. In particular we are keen to see Amazon voucher for your efforts! this year’s Annual Training Event at Aintree proceed as a face to face event. In this edition of Consortium Quarterly we have topical articles and top tips from Whilst I have been particularly pleased with our Partner firms. We also hear about the the numbers of you who have taken advantage ongoing work they are doing to support your of our webinar training, sometimes its just so Consortium. good to see people in the flesh, catch up with what’s been happening in their lives, relax We hear from Beryl Heath, Consortium together and have a laugh. Development Manager and Charlotte Callister our web support about what their supporting We think that our always popular Annual roles entail and in our regular update from Training Event will provide the ideal place to LLG’s Helen McGrath we hear about the work do just that alongside a stimulating programme that LLG continues to do on our behalf on of course. Obviously we are at the mercy matters of national importance. of the Covid rules prevailing at the time but we are now busy planning the event on the Trainees and NQ – there’s further commentary basis that it can and will take place at Aintree from Sian and Harriet, our Management Board Racecourse on Tuesday 5th October. Bookings members, who are working to support you in are now open on the website courses page if your roles. you want to get your name on the delegate list. By the time you read this article the local At the time of writing we have just heard the elections on 6th May will have been held. It news from the High Court that we will have was always going to be a challenging election to return to face to face committee meetings day this year with most local authorities from 7th May. I am sure that the reaction having a number of elections at the same time here in Sefton was the same in most local and having to put in Covid-19 restrictions in authorities with some members desperate to place has made it a much greater challenge. I return to face to face meetings and others still hope it all went well for your elections teams very wary. It seems like one of those situations and you are planning a well-earned rest. where whatever plans we put in place we are As ever, if you have any comments or not going to please everyone. suggestions about our Consortium Quarterly or the Consortium generally, I’d love to hear We’ve also been talking to the Partner firms from you at [email protected]. about next year’s Annual Training Programme and in particular how that training will be David McCullough, Chair NWLC delivered. So to find out what you think we Management Board will be launching our Annual Training Survey pages 1&2

Service Charges: p5 First Freeport p13 Reclaim Your Lunch Break p19 Who Decides What’s Fair? Locations Announced And Recharge in Nature Lease service charges dilemmas New hubs for trade and investment Take time to relax with LawCare The Future of p7 At a Glance p15 Free NWLC p21 Procurement & Subsidy Control Short and sweet legal tips from our Training 2021 Changes now the UK has left the EU partner firms Upcoming training from NWLC Climate Change & Article 8 p9 A Tribute to Neil Astles p17 The NWLC Partner p23 We remember the life of How Article 8 tackles the issues Added Value Offer 2020 - 2024 Neil Astles around climate change Member benefits from NWLC

contents Consortium Added Value p27 The Latest From LLG p33 More on the added value services With Helen McGrath, Head of Public offered by our partner firms Affairs at LLG In Profile p29 What Does Your Consortium p35 With Charlotte Callister, Digital Development Manager Do? Marketing Apprentice at Sefton MBC Beryl Heath shares her to do list Latest From The p31 Trainee Forum From our Trainee Board Members pages 3&4

Service charges: who decides what’s fair? David Hobbs of Bevan Brittan discusses the difficult dilemmas regarding lease service charges. Service charge clauses in leases are them. Service charge arrears increased and to be spent during the follow commonly drafted so that the tenant will Criterion sued for the amount due. was not possible for any un pay a “fair proportion” of the cost of services payments to be returned, a provided to a multi-occupied building, The Decision was subject to a trust to be shopping centre or estate. The lease will The High Court found in favour of Criterion types of expenditure. usually stipulate that the landlord will and held that McKinsey’s objections failed. decide on the proportion payable after Some practical points taking into account the use of services by Apportionment A helpful decision for landl the various occupiers. But when the tenant The court held that when apportioning confirms that provided a la disagrees about the share of service charge service charge between tenants, the decision rationality, it has the ability being demanded, who has the last word on as to what constitutes a “fair proportion” is apportionments and it is fo whether the landlord’s assessment is fair? one for the landlord to make rather than the prove otherwise. The judge See High Court case of Criterion Buildings court. It is for the tenant to establish (and the proportion of the servic Ltd v McKinsey and Company Inc United not the landlord) that it has been charged by each tenant made no fin Kingdom and another [2021] EWHC 216 (Ch). more than a “due proportion” of the service to the landlord so on that b costs. It was also acceptable for the landlord is able to make a subjective Facts to make a subjective decision in relation the percentage. It is advisab McKinsey was the tenant of offices in to apportioning the charges subject to that to keep evidence of how th Piccadilly Circus which included three decision being rational. apportionments. properties. McKinsey had covenanted to pay a “due proportion” of the total cost of Sinking/reserve fund For tenants, it is a reminder the services and expenses specified. This The lease specified that Criterion was check the service charge c proportion was defined as “a fair proportion permitted to demand an amount “it the charge is apportioned a to be determined from time to time by the reasonably determines is appropriate to the landlord’s methodology landlord taking into account the benefit build up and maintain” the relevant fund. Unless the tenant can prove that was derived”. Disputes arose between McKinsey had not shown that Criterion had decision is irrational they w McKinsey and its landlord Criterion over the made unreasonable decisions as the service and the courts will not inter proportion of the service charge allocated to charge contributions to sinking funds were

wing years. It nspent advance as the sinking fund spent on certain lords as it andlord acts with y to determine or the tenant to e commented that ce charge payable nancial difference basis, the landlord e decision about ble for landlords hey calculate the r that they should clauses and how and understand y for calculation. e its landlord’s will be bound by it rfere. pages 21 & 22

The future of procurement and subsidy control Clare Hardy, Senior Associate at Geldards, takes a look at how procurement and subsidy control will work following the withdrawal of the UK from the EU. The conduct of consultation in late 2020 • Enshrining in law the principles of value and early 2021 on the subjects of public for money, the public good, transparency, procurement and subsidy control has given integrity, efficiency, fair treatment of public authorities an idea of the approach suppliers and non-discrimination. that the UK Government will take to these important regimes, following the withdrawal • Introducing a single set of regulations for of the UK from the European Union. all contract awards, supplemented with sector-specific parts where necessary for In its Green Paper, Transforming Public effective operation or to protect the national Procurement, the UK Government proposed interest. significant changes to legislation regulating public procurement. • Replacing the current range of procurement procedures with three: These were intended to create a regulatory a flexible procedure that gives buyers framework that delivers the best commercial flexibility to negotiate and innovate; an outcomes with the least burden on open procedure for simpler competitions; businesses and the public sector, whilst and a limited tendering procedure to be respecting commitments not to discriminate used in specified circumstances. against parties in international trade agreements. Proposals in the Green Paper • Removing the light touch regime as a included: distinct method of awarding contracts.

• Introducing provision for closed for exceptional occurrences, such as framework agreements of up to four years compensating businesses for the immediate duration and open framework agreements economic impact of a pandemic. of up to eight years duration with an initial three year closed period. • Whether there should be controls to prevent subsidies that encourage The Government’s consultation paper uneconomic relocation of activities on subsidies, Subsidy Control Designing between the nations of England, Wales, an approach for the UK, asked various Scotland and Northern Ireland. questions which aimed to elicit responses which will help the Government to put • Whether arrangements should be in place a subsidy control regime which introduced to provide for presumed is suitable for the specific needs of the compliance in the case of lower risk UK economy, whilst meeting the UK’s subsidies. commitments in international trade agreements. Questions raised included: • Which sectors or categories of subsidy would benefit from tailored rules or • Whether the threshold for the application guidance. of the subsidy control regime should be the same as the threshold in the UK-EU The Government has not yet published its Trade and Cooperation Agreement, responses to the consultation, nor confirmed which is 325,000 Special Drawing Rights how it intends to take forward its proposals over a three-year period and whether the for the regulation of public procurement and threshold for the exemptions for services subsidy control. of public economic interest should be the same as the threshold in the UK-EU Trade Public authorities in the UK are already and Cooperation Agreement, which is familiar with the principles of control on 750,000 Special Drawing Rights over a public procurement and subsidies and for three-year period. many years they have needed to comply with regimes that have developed from EU • Whether subsidies should be exempt legislation. They will need to operate under from some of the requirements of subsidy new regimes when the Government introduces controls if they provide compensation arrangements that are specific to the UK. pages 7&8

Where does the issue change sit under Art Weightmans LLP shows us how Article 8, though primarily concerned with private and family life, will cover other matters. In May 2019, in the third of his Reith Lectures, located in the text of the Articles. Further, the retired Supreme Court judge, Jonathan and as he pointed out in the lecture, this can Sumption, discussed how the Strasbourg most readily be seen in the context of Article Court had transformed the European 8 which, whilst primarily concerned with Convention on Human Rights into a “dynamic private and family life, has been held to cover treaty”. He described how the Convention matters including immigration, deportation, is a “living instrument” because “the court criminal sentencing, sexual orientation, develops it by a process of extrapolation or health care, housing, nuisance and many analogy so as to reflect its own view as to more important social issues. what additional rights a modern democracy ought to have”. Whilst environmental and planning matters have frequently been held to be In simple terms, what he was referring to encompassed within Article 8, we can now was how the European Court has developed also put the global issue of climate change the scope of Convention Articles so that under its umbrella. In the case of Urgenda they include legal rights that are not readily v Netherlands [2019], the Dutch Supreme

e of climate ticle 8? Court rejected the State’s argument that, Broadly speaking, the Dutch Supreme Court because it was global in nature (i.e. in both held that the same obligations also arose cause and scope), “the threat of dangerous under Article 2 (the right to life). It therefore climate change” was not protected by the upheld the 2018 decision of the Court of Convention. Rather, it held: Appeal that the State was required to reduce greenhouse gas emissions by at least 25% by • The protection afforded by Article 8 is not the end of 2020. limited to specific persons, but applies to society or the population as a whole. Urgenda is an example of a case brought by an environmental group against a • It encompasses a duty to take nation state, an increasingly international preventative measures to counter a phenomenon. Such cases invariably include danger even if materialisation of the a focus on human rights obligations and they danger is uncertain. also feed into the general growth of climate/ environmental-based legal matters at a • The State was therefore obliged to take domestic level. appropriate measures against the threat of dangerous climate change. pages 9 & 10

In terms of traditional litigation, more severe and unpredictable weather is leading to an increase in claims related to flooding, fallen trees and subsidence. The risks associated with diesel fumes are now widely recognised; exposure has been linked to a range of serious conditions and employers obviously have a duty to control exposure of employees to hazardous substances. There is then the issue of clean air more generally. The Air Quality Directive is a part of retained EU law that is implemented domestically through the Air Quality Standards Regulations 2010. The new Environment Bill, once it becomes law later in the year, will introduce further air quality controls - the standards to be adopted are yet to be confirmed. An example of climate change issues, pollution, clean air and impact on health being brought together in one place is the tragic recent case of Ella Kissi- Debrah. Ella sadly died from severe asthma in 2013 at the age of just nine. At an inquest that concluded late last year, a wide-ranging inquest to meet the State’s obligations under Article 2 of the Convention, the coroner recorded “air pollution” as a cause of death (alongside acute respiratory failure and severe asthma). This was on the basis that, as a result of living near the South Circular Road in London, she had been exposed to levels of nitrogen oxide and particulate matter in excess of WHO Guidelines. The coroner’s Prevention of Future Deaths report is still awaited. It seems clear that environmental cases of all types will increasingly come before the courts in the coming years. These may be in the form public law challenges to decisions of local and central government, environmental damage claims related to adverse weather events or traditional disease/ injury claims based on exposure to substances hazardous to health. Regardless of the nature of the litigation, for public bodies one thing is clear; the “dynamic treaty” that is the Convention will mean human rights feature prominently, whether as a key cause of action in their own right or as a nuanced right of redress where a traditional tortious duty of care is hard to establish.



First Freeport Locations Announced Neil Warwick, partner at DAC Beachcroft, looks behind the headlines of the Government’s Budget announcement, which confirmed the location of eight freeports.

The freeports are: East Midlands and released on a call-off basis, Airport, Felixstowe and Harwich, allowing for a deferment in paying Humber, Liverpool City Region, duties and thereby easing cash-flow Plymouth, Solent, Thames, and pressures. The need for at least one Teeside. The budget suggested physical port is to allow for a point of that these freeports offer growth entry for imports and exports. opportunities for sectors such as renewable energy, research and The parameters set out by development and healthcare. Government have allowed for two models to emerge naturally: a single The stated aim of the Government is site freeport, and; a multi-port model, that the initiative will: or the so-called “virtual free zone”. • Establish the freeports as hubs for The single site model lends itself to large scale brownfield regeneration global trade and investment; sites with deep water berths such as • Promote regeneration and create Teesworks in Redcar. The multi-port model is more complex and allows jobs; for a number of the components • Create a “hotbed” of innovation of the freeport model to be incorporated in a “mix and match” The “freeports” terminology is approach. Provided there is at least being used, rather than “free zones”. one point of entry (either a maritime Primarily this is because the outline port or an airport) or sometimes proposals had to include at least a combinations of types of “port”, one port (maritime or aviation). The it is possible to have the customs secondary issue is that the term zones and the tax sites within the “free zones” has been tainted by the 45km radius with “virtual electronic operation of free zones elsewhere in corridors” between each designated the world. site. This model lends itself to more densely populated areas as well as The parameters for the first round of the traditional roll-on/roll-off ports. bids, stipulated that each proposal must be confined to a geographic Whilst this version of freeports is radius of 45km and must include at a relatively new concept to the UK least one port, one primary customs and has the potential to be complex, zone, up to three tax sites of a many of the component elements maximum of 600 hectares and as required as a matter of law to create many secondary customs zones as a freeport already exist and could required. be quickly adapted to bring the concept to life. For example the In practice this means that the tax ability to create bonded warehouses sites, which will be exempt from and Enterprise Zones together with Stamp Duties and other taxes, the ability to carry out electronic will operate like Enterprise Zones clearances. and will be designed to attract manufacturers to set up in these Provided there is flexibility to utilise zones, allowing for tariff-free and existing legal structures together declaration-fee operations during the with a commitment to workers’ rights manufacturing process. The primary and a simplified governance system, and secondary customs zones are this version of freeports should be intended to operate in the same positive for the UK economy. way as bonded warehouses, where finished goods or components in just- in-time supply chains can be stored pages 13 & 14

COVID-19 Rent Arrears - Gov. New permitted development rights will come into< Extends Moratorium: With force from 1 August 2021. The Town and Country England easing restrictions following Planning (General Permitted Development etc.) (England) a third national lockdown, the (Amendment) Order 2021 amended the Town and Country Government has extended the Planning (General Permitted Development) (England) Order existing moratorium on landlords’ 2015 and included permitted development rights for a ability to take enforcement action change of use from Class E to Class C3. against commercial tenants with rent arrears via winding up petitions and 01 the use of statutory demands to 30 June 2021. This is the third extension, < 02 with the Corporate Insolvency and Governance Bill 2020 originally coming into force on 30 June 2020 in order to provide to tenants and companies protection in response to forced closures as a result of the Covid-19 pandemic. Vaccination status of employees - data < 03 issues: Public Health England recommends vaccination for health and social care sector, it is not mandatory. Employers will need to gather the vaccination status of their employees to conduct risk assessments of those continuing to work in care or social care settings. ICO guid- ance assists employers in ensuring that they have a lawful basis under UKGDPR to process details. Details of vaccination status would be classed as special category data. Employers may receive questions about staff vaccinations. As a minimum, employers should make it clear to their employees how and why data relating to vaccination status will be processed.

Virtual meetings: At the time of writing we were eagerly awaiting the outcome of the case brought by LLG, ADSO and Hertfordshire County Council on whether local authorities can continue to hold meetings virtually after 6 May 2021 when the current regulations allowing this expire. A declaration was sought that virtual meetings were permitted under the Local Government Act 1972 without the need for specific regulations. The case was heard before Dame Victoria Sharp and Mr Justice Chamberlain. In response to an LGA survey 83% of councils stated that they would be very likely or fairly likely hold virtual meetings if permitted. A similar percentage (79%) stated that they were very likely or fairly likely to hold hybrid meetings. 04 > At a Glance In brief: legal tips from our partner firms pages 15 & 16

A tribute to Neil Astles It is with great sadness that we report the sudden and untimely death of Neil Astles of Newton Le Willows who was a Senior Property Lawyer at Warrington Borough Council. Readers may have seen the reports most complex, high profile and 40 years contributing to the in the media linking his death to high value property matters that public purse and providing great the Covid-19 vaccine. Neil was only Warrington Council have ever places for the public to receive with the Council for 15 months have to deal with. Neil was also public services, live, work and but had a long and distinguished generous with his time, giving enjoy their leisure. In short he career in the public sector in the advice and support to junior led a professional life which is an North West of England. colleagues as well as assisting exemplar to Local Government other officers with difficult issues. Lawyers and to Lawyers in Neil started as a 16 year old trainee He did this all with a modest, general. at St Helens Council. He specialised unassuming and down to earth in property law and whilst working style. We are proud to have worked for Warrington and Runcorn with Neil and to have called him Development Corporation and the It wasn’t just in Legal Services that a colleague. This is a sentiment Councils of Manchester, Vale Royal, Neil had an excellent reputation, shared by all those who worked Preston, Bolton and Sefton he colleagues from across the with him. studied and achieved Fellowship Council appreciated his support of the Institute of Legal Executives. and assistance. Indeed, since the All at Warrington Borough Council Again whilst working at Sefton he news of Neil’s passing has become would like to publicly extend our obtained a First Class degree in known, we have been contacted sincere condolences to Neil’s wife, Law and qualified as a Solicitor. by his former colleagues from family and friends and express Subsequently he held senior across the North West who have our admiration for the courage his positions at West Lancashire, sent messages of condolence and family have displayed. Knowsley and finally at comments about Neil’s skill and Warrington. aptitude as a solicitor. Neil was an exceptional solicitor. Neil made a significant He was skilled, knowledgeable contribution to the regeneration and able to deal with some of the of the north west over the past

pages 17 & 18

Reclaim your lunch break and recharge in nature Elizabeth Rimmer from LawCare invites us to unwind for this years Mental Health Awareness Week on the 10 - 16 May.

Many of us have lost our connection physiological and neurological with nature, spending most of our changes take place in our brain time indoors, at home, in an office when we go outside, time spent in or in a car. Sometimes even having the natural world and particularly lunch break seems luxurious – most in sunlight triggers an increase in of us bolt food down at our desks serotonin and there is scientific so as not to miss a minute of the evidence that we feel calmer when working day. However as humans we look at trees. we aren’t meant to spend so much time indoors. Our ancestors were Try and use your lunch break hunter-gatherers spending most to get outside this Mental Health of their time outdoors amongst Awareness Week, and why not take trees, by water, studying plants and a photo and upload to social media animals, in all seasons and weather. tagging in LawCare and using the Could our health and well-being be hashtag #reclaimyourlunchbreak. suffering because we spend less time outdoors? You may also be interesting in joining this free webinar hosted by The We often think we don’t have time Law Society of England and Wales to take a proper break during the and sponsored by Lexis Nexis on working day but having a break ‘Mental health journeys and coping outside can make all the difference strategies for small firms’ on Tuesday to your productivity and give 11th May 2-3pm. Register here. you perspective on a work issue. Research shows that time spent There’s also an opportunity to in nature can renew our attention watch this Pre-recorded webinar on spans when they are flagging after reconnecting with nature delivered a hard day’s work or an extended by LawCare’s Mary B Jackson and period staring at a screen. Several Trish McLellan. LawCare LawCare is an independent charity providing free, confidential, emotional support to all legal professionals, support staff and their concerned family members. You can call the helpline on 0800 279 6888, email support@ lawcare.org.uk or access online chat and other resources at www.lawcare.org.uk. Mental Health Awareness Week resources are available to download here. pages 27 & 28

Free NWLC training 2021 Governance Update 2021 Employment Law Round Up & TUPE Bevan Brittan (online) 11am - 12pm 11.05.21 DAC Beachcroft (online) 10am - 11am 19.05.21 Topics include: • The new code of conduct Topics include: • Reorganisation A round-up of latest employment law • The impact of the White Paper developments plus a look forward to 2021, • Climate change - post-covid together with a TUPE update for public sector practitioners.

Regeneration update Large Scale Procurements Geldards (online) Weightmans (online) 11am - 12pm 03.06.21 10am - 11am 10.06.21 Topics include: Topics include: Legal and practical issues affecting The whole procurement lifecycle, including; regeneration schemes, with Tiffany procurement phase, robust contracts, effec- Cloynes, Paul Hilsdon and tive contract management, and termination, Rebecca Gilbert. expiry & exit planning. pages 21 & 22

The Consortium Offer - focus on free advice NWLC members benefit from expert legal advice and insight from our Partner firms. These include free initial advice or ‘off the clock’ advice.

How to access free legal advice partner firms - added value offer 1 Contact 2 Clarification NWLC member raises legal Key Partner contact clarifies advice request to Lead Part- request and discusses scope ner Firm key contact by lot with NWLC member 3 Connection 4 Conclusion Key Partner contact Free legal advice request is connects the NWLC member carried out as agreed to relevant team members Reminder of your added value » Free Legal Advice » Access to legal libraries » Access to legal research » Secondments, job swaps, » Legal updates, briefings shadowing and mentoring and publications » Free access to meeting / » Access to document virtual rooms precedents » Alerts on a wide range » Wider legal training of topics from our Partner Firms pages 23 & 24

Get in touch: your key partner firm contacts Lot 1 - Civil Litigation, Lot 2 - Property, Planning Prosecutions and and Environment Regulatory Kathryn Lawrance Judith Hopper Bevan Brittan Bevan Brittan [email protected] [email protected] 0370 194 8940 0370 194 5488 Alison Key Jonathan Griffiths DACB Geldards [email protected] [email protected] 0161 934 3166 029 2039 1723 Paul Hilsdon Andrew Roberts Geldards Weightmans [email protected] [email protected] 01332 378351 0151 243 9840 Clive Bleasdale Weightmans [email protected] 0151 242 7995

Lot 3 - Corporate Governance, Lot 4 - Projects, partner firms - added value offer Ethical Standards & Procurement & Commercial Information Law David Hutton David Kitson Bevan Brittan Bevan Brittan [email protected] [email protected] 0370 194 8927 0370 194 5464 Ioan Davies Stephen Hocking DACB DACB [email protected] [email protected] 0113 251 4861 020 7894 6572 Tiffany Cloynes Clare Hardy Geldards Geldards [email protected] [email protected] 01332 378302 029 2039 1766 Vincent King Simon Goacher Weightmans Weightmans [email protected] simon.goacher@weightmans. com 0113 213 4159 0151 243 9582 Lot 5 - Social Care and The NWLC Partner Added Education Value Offer 2020 – 2024 is accessible to NWLC members Hannah Taylor Bevan Brittan The combined Partner Firm [email protected] offer provides an overview of 0370 194 3046 added value, and individual Partner firm offers can be Stephen Hocking accessed in the secure area of DACB the NWLC website. [email protected] 020 7894 6572 For further information, please contact: Beryl Heath, Contract Morris Hill Development Manager, on Weightmans 07816 531936 [email protected] 0151 242 7990 pages 25 & 26

Bevan Brittan Have you booked your • Regeneration update, 3 June you prefer our webinar webinar place? • Large Scale Procurements, format? We intend to run During the past year, we some additional sessions have transferred our 10 June for Practice Managers and physical events to online for trainees/newly qualified webinars. Thank you to To book a place on one of lawyers too. Keep a look out everyone who has provided NWLC’s live webinars please in your inbox for our survey, feedback. It’s great to hear visit the website. If you are and let us know what you your thoughts and your unable to join on the day, think. ideas for future webinars. all of NWLC webinars are recorded and can be viewed We have four more webinars post-event. scheduled within our 2020- 21 training calendar (see During the summer we will pages 21 & 22 for more): be seeking your thoughts • Governance update, 11 May for new training, and also • Employment Law Roundup the format of the training: are you ready for physical & TUPE Update, 19 May events to take place or do DAC Beachcroft Partner Added Value Offer The Consortium Offer on document aims to report Since launching ‘The NWLC pages 23 & 24 gives an combined social value of the Partner Added Value Offer overview of the process to Partner firms over a yearly 2020 – 2024’ it has now been access the NWLC Partner period. This report will be published on the NWLC ‘free legal advice’ offer and shared in the next quarterly website and shared directly provides some examples of newsletter. with NWLC members. ‘The how to access this offer. ‘Consortium Offer’, combined For further information added value document is to Social Value Project and ideas, please contact be found under the Added Update Rebecca Richter at DAC Value tab in the secure area As part of our commitment Beachcroft (rrichter@ of the NWLC website. as a consortium to social dacbeachcroft.com). value, our Partner firms are We will continue to spotlight creating a ‘NWLC social the many benefits that the value annual report’, an offering provides members infographic document and share examples in demonstrating social upcoming newsletters. value commitments. This

Geldards partner firms - value added The Public Sector Team In addition, the team works at Geldards continue to closely with the NWLC provide a range of valuable Management Board with the services for all consortium development and publication members as well as working of the Consortium Quarterly. with the Management Board Lots of positive feedback on a number of specialist about the look, feel and the projects to add further value content have been received. to the Consortium. The challenge is to keep the publication interesting and For Consortium members varied so we would welcome services include; any suggestions or news you • Briefings and updates feel would be of interest to the • Webinars Consortium members. • Free Initial Consultation • Bespoke Training / Forums • Special Projects / Strategic Support Weightmans North West Legal We would also welcome any Consortium precedents created by local Precedent Bank authority members which We have been working to you think would be of use to get the new consortium colleagues. Please do email precedent bank up and any such examples to Simon running. There are now a Goacher. number of documents ready to be placed on to the website Annual Training Event and more will be added over We are also working with the the coming weeks. We are Board to prepare the annual also running a precedent training event in October. service on demand so if We really hope that it will be you require a precedent possible to get together in which you cannot find you person in what is always an can email simon.goacher@ enjoyable and informative weightmans.com and he will event. try and obtain it for you. pages 27 & 28

What is your current role and how long have What are the biggest challenges facing you you held this position? and your team at present? I am a Digital Marketing Apprentice The challenges facing most Digital with NWLC and Sefton Council, teams are things I think all local which has been a great experience authorities can sympathise with, never as I have been able to gain a breadth enough time or budget! The pandemic of experience with each placement. I really has affected our work as the started in 2019 and I’m sad to say my various restrictions and lockdown contract ends in May – very soon. resulted in a dramatic digital upsurge. It has become more important than What does your role currently involve? ever that information is accessible, concise and up to date. There is a push for more digital tools and technologies, for example Microsoft Teams. At NWLC, I have a predominantly How do you relax? website-based role. Every time you forget your password, I get a little email I love to read. My house is full of packed notification and I log into the system to bookshelves. I am a very fast reader too reset it for you! I also add new member so I can devour a book in a few hours. profiles to the member area, upload Although not so much these days with new job adverts to our jobs page and my 4-year-old running about the place ensure the newsletter is up to date. I am shouting for me to play dinosaurs with also the face behind the newly created him! I have to say though there is noth- North West Legal Consortium LinkedIn ing quite like a hug from him to help page. We are always on the lookout for you relax after a long day at work. content, so if you have something you would like to share then please do get What’s the one thing about you that would in touch. We recently supported Purple come as a surprise to most people? Day for Epilepsy, and it has been one of our most popular posts to date! By age 9 I had lived in Wales, attended nursery in Malaysia, started primary How do you see your role and the work of school in Vanuatu, would weekend trip your team changing in the next decade? to Australia and eventually moved to England. And no, neither of my parents I have already seen a dramatic change were in the army. They were in fact in attitudes towards Digital and Market- University Law Lecturers! And that is ing Teams. With technology evolving, why, despite living in Merseyside, I pro- this was always going to happen, but nounce the non-existent “R” in bath. the pandemic sped things up. I think more time will be spent on digital solu- tions and how they can aid every area.

in profile Charlotte Callister Digital Marketing Apprentice with NWLC and Sefton Council pages 29 & 30

Latest from the trainee forum

On the 28th of April 2021 the High gains seen in public participation trainee update Court held that legislation will be in remote council meetings during required in order to enable remote the pandemic and our vital local local authority meetings to continue democratic process.” Presumably upon expiry of the legislation this was in response to the recent currently in place on the back of the interest in local democracy sparked various Corona virus legislation. by media coverage of Handforth Undoubtedly the effect of this Parish Council’s meeting which led to decision will impact all local the attendance of over 80 members authorities in a variety of different of the public through Zoom and ways both practical and in a thousands more watching via a live broader sense such as the whether YouTube stream at the following the decision is applicable to the meeting. regulatory functions of local authorities. Whilst in this article we are not going to try and attempt to consider One of the points made by Cllr James the impact of the High Court ruling Jamieson, Chairman of the Local in full, we considered it useful to Government Association, when explore our own experiences of a responding to the announcement, more remote way of working and was “This also risks damaging the meeting over the last year. Harriet: As a trainee I have found, Sian: The point about virtual once adjusting to social etiquette meetings leading to greater of remote meetings, that I have had participation is certainly a benefit opportunities to attend and shadow I can recognise. I have generally meetings that in “normal” times found that meeting virtually I would be unlikely to have been with my client department has invited to. I have found instructing involved greater participation and officers more inclined to arrange engagement, and I think some of virtual meetings which inevitably this is because the meetings can has provided me with a greater be shorter, more focused and less understanding of their needs and formal. Albeit that working from day to day working practices. The home now means that we are more ability to just pop in a 30 minute chat available to meet, which can mean on a Monday lunchtime has enabled days of back to back meetings, which me to access support from managers would be impossible in person. This that I have lost not being in the office. increased availability does mean that In an ideal world I think a hybrid of it is more likely that attendees turn remote and face to face meetings up, and therefore these meetings would be ideal. can be more productive. Increased availability yet shorter meetings Harriet also seem to have led to more Sian frequent, more focused meetings, which reduces the likelihood of an important point being lost in a lengthy agenda. pages 31 & 32

The latest from LLG Helen McGrath, Head of Public Affairs at LLG, with thoughts and views on current issues for local government lawyers. National Matters Dominate put individuals into the position they would LLG has had a busy first quarter and have enjoyed if the 2020 Regulations had not continues to work on matters of national been in force. LLG were delighted with this importance whilst maintaining webinar and outcome. Quentin Baker, President of LLG virtual meeting provision for our Branches said “I’m very pleased to see that this issue and National Leads. Please do get in touch has been resolved and the pension benefits if you require support or have a specific of our hard-working members have been training need. restored”. Stakeholder Liaison and National Work LLG has brought proceedings together with Having issued Judicial Review of the ADSO and Hertfordshire County Council, governments Exit Payment Cap regulations (now in the Administrative Court) to seek (brought together with ALACE) and received a declaration that Remote Meetings can permission to proceed, the Government continue past the 6th May 2021 by modern subsequently revoked the regulations interpretation of the Local Government Act without the need for us to proceed to trial. 1972. The hearing was heard on 21st April There was also guidance which included 2021. Judgement is pending but the court is explicit provision requiring employers to acutely aware of the urgent time-frame. make additional payments, with interest, to

LLG latest LLG have launched a Work Experience Week which will take place between 5-9th July. We have 24 local authorities currently signed up to the scheme and over 40 placements. Applications are now open for students to apply. Please contact [email protected] for more information as it’s not too late to offer a placement. LLG Awards 2021 LLG have launched the LLG Awards 2021 which will be held virtually on 15th July at 6pm. This year, the categories have been developed to celebrate your outstanding achievement, resilience, leadership and agility throughout the pandemic, encapsulating the spirit and professionalism of lawyers in local government. The deadline for submissions is 31st May 2021. pages 33 & 34

What Does your Consortium Development Manager Do? Working from the study in her home on the Cotswold hills side of Stratford Upon Avon, it’s a busy Consortium week for Beryl Heath... It’s the week commencing 22nd March 2021. supporting papers for our meeting and Last week the Consortium Management decisions having been made I now need Board met for one of their regular quarterly to follow up and make things happen. Let meetings – it was of course, a virtual meeting me share with you the sorts of things I do to of the sort we are all now familiar with on support the Consortium by sharing my ‘to MS Teams. All Board members were in do’ list, opposite. If you want to know more attendance and none of them had traffic or about any of the things mentioned here or parking problems, suffered rail delays or had have an idea, query or Consortium issue you been unable to leave the office having just want to share with me, please contact me at popped in before leaving for our meeting. [email protected]. Perfect. I had prepared the agenda and

1 Start preparations and 6 Diploma Sponsorship planning for Annual Awards Training Event 2021 Advise successful and Working with Weightmans, unsuccessful applicants for approach potential speakers, NWLC sponsorship, ensure prepare draft programme, early applications made to manage bookings and contact Law Society and manage with Aintree, approach payment process potential exhibitors 2 Annual Reports for 7 CQ4 – plan manage and member organisations collect content Identify existing data sets to With Geldards identify contrib- utors, request and chase con- contribute to reports and plan tent to meet deadline, supply personal article, review draft, how to provide annual info to publish to website all member organisations 3 Prepare Annual Training 8 Barristers Portal Refresh Programme 2021 -22 Prepare documentation, Working with Bevan Brittan advertise refresh on website, prepare Annual Training Sur- contact existing Chambers vey, publicise and send survey re extending, manage link out, assist Partner firms to registration and fees, secure use survey responses and full and publish new fees year Training feedback report data to website to plan programme for 2021/22 To Do List... 4 Liaise with legal research 9 LinkedIn providers re Consortium Work with Charlotte Callister to offers identify and provide content for new LinkedIn page Calls with Thomson Reuters and Lexis Nexis work ongoing 5 NWLC Mentoring Programme 10 Precedent Service Investigate setting up of NWLC Upload first batch precedents programme and prepare plan- to website from Weightmans, ning and recommendations to liaise with other partner firms Man Board and ask them to contribute further precedents for adding to website area

quarterlyconsortium Partner Firm Main Contacts David Hutton Tiffany Cloynes Partner Partner T: 0370 194 8927 T: 020 7620 0088 / 01332 378302 M: 07867 976835 M: 07741 312976 [email protected] [email protected] Ioan Davies Simon Goacher Legal Director Partner T: 0113 251 4861 T: 0345 073 9900 / ext 139582 M: 07843 069546 DD: 0151 243 9582 [email protected] [email protected] Front cover images, top left and bottom right: living wall and staircase, Manchester; top right: Avenham and Miller Park, Preston; bottom left: country farm, Lake District. © NW Legal Consortium May 2021. This newsletter and the legal articles included are intended solely as an overview of the law in England and Wales. No responsibility can be accepted for the completeness or accuracy of the contents included and professional advice should be taken in relation on to any specific matter.