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NEWS
The Society of Local Authority Chief Executives and Senior Managers (Solace) has published a priorities paper for the new government, grouping its asks under three themes: (1) public service reform; (2) good governance and (3) leadership. On public service reform, Solace calls for prevention and early intervention to be embedded as the organising principle across government and public services. It also encourages: (1) deeper fiscal devolution through the spending review to boost growth and housing delivery; (2) action on the Milburn Review to strengthen place-based approaches to tackling disadvantage; (3) acceleration of the Casey Review on adult social care; (4) special educational needs and disabilities reform and (5) addressing housing and infrastructure pressures. On good governance, Solace calls for: (1) co-designing a local government standards regime with effective sanctions; (2) delivering reorganisation in partnership with councils with realistic timescales and (3) providing multi-year financial certainty alongside a clear pathway for funding reform. On leadership, Solace urges the government to: (1) establish a sector-led Local Government Leadership College; (2) create joint learning and secondment opportunities between local government and the Civil Service; (3) champion innovation including the use of digital, data and artificial intelligence in public services and (4) make community cohesion a core objective of public service reform.
CHECKLISTS
This checklist can be used by landowners including farmers and local authorities who are considering a solar farm project. • Levels of irradiance Is the land in an area of the UK with high irradiation? The South West, the South, South Wales and East Anglia are best. Solar farms are also suitable in the Midlands and the North albeit with lower levels of irradiance. North Scotland is the least suitable. • Grid connection Is there an existing electricity substation nearby for connectivity to the grid? The distribution network operator should be contacted at an early stage for a quote. • Suitable land ◦ What is the site area? Typically at least ten hectares is required. ◦ Are there any surrounding environmental, geographic or geological factors that might have an effect on the solar array? If possible, aerial photos should be obtained. ◦ Is the site within or adjacent to a designated landscape such as an Area of Outstanding Natural Beauty or National Park? ◦ Is the land flat?
PRACTICE NOTES
For further practical guidance on solar projects, including insights from a number of jurisdictions, see also textbook: Solar Power: A Practical Handbook. What is solar PV? Photovoltaic (PV) technology uses solar energy to generate electricity. The word 'photovoltaic' comprises two parts: • photo, derived from the Greek word for light, and • volt, the unit of electromotive force, relating to electricity pioneer Alessandro Volta Photovoltaic materials convert light energy into electrical energy, as demonstrated by French physicist Edmond Becquerel in 1839, who discovered the process of using sunlight to produce an electric current in a solid material. It took more than another century for scientists to learn that the photoelectric or photovoltaic effect caused certain materials to convert light energy into electrical energy at the atomic level. PV technology components Cells and modules Typically, PV systems consist of PV cells, usually made of one or two layers of silicon or similar materials, joined in series to form modules. When the sun's rays hit the cell, an electric field is generated across the layers. The modules are constructed like
PRACTICE NOTES
What is solar thermal? Solar thermal refers to collectors that harness energy from the sun to generate hot water. Solar collectors are usually installed on roofs but can be also mounted on the ground, walls or integrated in building elements, ie shading devices, canopies etc. The heat generated is mainly used to provide domestic hot water, and possibly heating or warm air, for buildings. It can also be used to heat or pre-heat water for industrial processes, provide warm water for swimming pools and drive a particular type of chiller for air conditioning. In the UK, because of the level of solar radiation received (the maximum is about 1 kW/m2) and its seasonal variation, solar systems are unable to meet the total hot water heating demand of a building at a viable cost. Storage buffers or complementary heating systems are often required. Solar thermal systems are considered zero carbon, although a small amount of electricity is required for pumps, fans and/or control systems. Solar thermal system components There are four main elements to a solar thermal system:
GLOSSARY
Damages that may be awarded for pain and suffering related to a delict.
NEWS
IP analysis: A long-term coexistence agreement between Clarks and Trek Bicycle has been the centre of a trade mark dispute. The court ultimately held that both parties were found to have breached the agreement in various ways, showing that in practice it is necessary to revisit coexistence agreements. This is especially true in fashion or retail sectors where trends change rapidly, so it is important to review terms to ensure the initial intention behind the agreement remains accurate for both parties. In addition, agreements need to be precise with a clear interpretation of terms. If parties exclude terms, these need to be clear to both parties, so neither encroaches. Further, an issue arose regarding reliance by Trek Bicycle on a verbal conversation between the parties. No written agreement was put in place, so it was not a reliable basis for an agreement. Finally, be prepared to be liable for licensees. Lidl was a licensee and its use of the TREK mark on shoes was held to be infringement, with Trek Bicycle being held liable. Written by Rachel Platts, trade mark director at HGF Ltd.
NEWS
Restructuring & Insolvency analysis: The applicant liquidator succeeded in a misfeasance claim pursuant to section 212 of the Insolvency Act 1986 (IA 1986) against a sole director in respect of unexplained payments from the relevant company’s bank account made at a time when the company was insolvent. Whilst alternative claims for transactions at undervalue and preferences were advanced, the court ordered that the director restore the relevant payments solely as a consequence of his misfeasance. The company secretary was also held liable under IA 1986, s 239 in respect of a small number of payments that could be proven as having been received by her. Written by Darragh Connell, barrister at Maitland Chambers.
NEWS
PI & Clinical Negligence analysis: This judgment serves as a detailed and comprehensive review of these areas of personal injury claims in an employment context, including contributory negligence and the circumstances in which a sole director will be considered an employee in such cases. The claimant was found to have been an employee of Brands, as well as being the sole director and majority shareholder. As the claimant’s employer, Brands owed him a non-delegable duty of care, meaning that Brands was personally responsible for the negligence of an independent contractor who had been engaged by Brands via the claimant. Brands was not vicariously liable for the independent contractor, as he did not hold a position akin to employment. Mr Justice Knowles found that Brands Transport Ltd was liable for the claimant’s injuries. The claimant was found contributorily negligent and damages were reduced by 40%. While the claimant was sole director of Brands, the claim was not defeated by the principles in Brumder (Brumder v Motornet Service and Repairs Ltd) as the claimant’s own error was not the sole reason for his injury; the accident was also caused by the negligence of the independent contractor. Written by Beth Caunce, barrister at 9 St John Street Chambers.
GLOSSARY
Mediation undertaken by one mediator who may be a lawyer mediator or a non-lawyer mediator.
PRECEDENTS
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GLOSSARY
A sole proprietor is an individual who owns and operates a business on their own account, without using a separate legal entity such as a company or LLP. In legal practice, it describes the simplest form of business structure, where the business and the owner are treated as one and the same person for most legal and tax purposes. Across England and Wales, Scotland, Northern Ireland and Ireland, “sole trader” is the more common term in legislation and guidance, but “sole proprietor” is widely used descriptively in commercial contracts, banking documentation, leases and professional engagement letters. Key features include: unlimited personal liability for business debts and obligations; ownership of business assets in the individual’s name (or trading name); and direct responsibility for regulatory compliance, tax, employment and health and safety obligations. A sole proprietor can employ staff and enter into contracts, but always as an individual. The term is relevant when advising on risk allocation, security, guarantees, insolvency exposure, partnership formation, business sales and succession planning. Usage and legal effect are broadly consistent across the UK and Ireland, subject to differing tax regimes and registration requirements.
PRACTICE NOTES
The following alternative requirements apply to numerous applications under the Immigration Rules that involve children: • sole responsibility, and • serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care. These provisions are generally only relevant where a child will be residing with just one parent in the UK following the grant of leave (unless the other parent is dead) or, in the case of serious and compelling considerations, where a child is joining one parent or, in Immigration Rules, Part 8, para 297, a non-parent relative. Para 297 (as amended) provides an example: 'The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he: (i) is seeking leave to enter to accompany or join a parent, parents