spring%20seminar%20programme%202011%20website

Spring 2011

Seminar Programme

How to use this QR code▪ Download a QR code reader - available for all smartphones and iPhones - many are free▪ Open up the QR code reader, scan this QR code and you will be taken automatically to the seminars page of our website

Come in and join us. Pull up a chair. There's plenty to discuss this spring.

In our new programme we cover, amongst other things, property management, marine licensing, clever contracts, TUPE and outsourcing, and tax issues for the care home sector, all through interactive workshops and business-focused seminars. We are also running a special four-part mini-series, 'Compliant or Complacent?', where we look in depth at the compliance issues essential to all businesses - bribery, competition, health and safety and directors' responsibilities. Add to that our annual rural affairs conference, and a new instalment of our gripping fictionalised boardroom drama, and there's something for nearly everyone.

From brand protection to planning obligations, from zero waste to multi-lets, Brodies offers food for thought and practical advice - and the opportunity to meet old and new contacts.

We look forward to seeing you this spring.

All sessions are held free of charge in our Aberdeen, Edinburgh or Glasgow boardrooms. For more information and to book your place, please visit www.brodies.com/seminars or simply scan the QR code opposite with your smartphone to go straight to the webpage.

Alternatively, please contact Rachel Osborne, Events & Seminars Co-ordinator, on 0131 656 0054 or [email protected]

3

Spring Seminar Programme 2011

COMPLIANT OR COMPLACENT? - Bribery

Thursday 3 March Glasgow 8.30 - 10.00am Thursday 17 March Edinburgh 8.30 - 10.00am p7

Capital allowances and tax - Getting ahead in the healthcare sector Friday 18 March Glasgow 12.00 - 2.00pm p8

How to challenge procurement decisions - New opportunities for biddersMonday 28 March Edinburgh 5.30 - 7.00pm Wednesday 30 March Glasgow 5.30 - 7.00pm p9

COMPLIANT OR COMPLACENT? - Competition compliance - why it matters to you

Tuesday 29 March Glasgow 8.30 - 10.00am Thursday 31 March Edinburgh 8.30 - 10.00am p10

From Bathgate to Bangalore - TUPE and outsourcing in the UK and abroad

Tuesday 29 March Edinburgh 8.30 - 10.00am Thursday 28 April Glasgow 8.30 - 10.00am Thursday 19 May Aberdeen 5.00 - 6.30pm p11

Landlords' remedies - Enforcing performance of tenants' obligations

Wednesday 30 March Edinburgh 5.30 - 7.00pm Thursday 7 April Glasgow 5.30 - 7.00pm p12

Rural Affairs - Mini-conference Friday 8 April Edinburgh 9.30 - 2.00pm p13

COMPLIANT OR COMPLACENT? -What's new in Health & Safety

Tuesday 26 April Edinburgh 8.30 - 10.00am Tuesday 17 May Glasgow 5.30 - 7.00pm Friday 27 May Aberdeen 8.00 - 9.30am p14POSTPONED

4

Seminars at a glance

Managing multi-let properties - All you need to know Tuesday 26 April Glasgow 8.30 - 10.00am Tuesday 3 May Edinburgh 8.30 - 10.00am p15

Planning obligations - Section 75s - re-hash or a shift in power? Thursday 28 April Edinburgh 8.30 - 10.00am Tuesday 10 May Glasgow 5.30 - 7.00pm p16

Dilapidations and the measure of loss in today's market Wednesday 4 May Glasgow 5.30 - 7.00pm Wednesday 11 May Edinburgh 8.30 - 10.00am p17

Contract clauses guaranteed to get you into trouble…and how to fix themThursday 5 May Glasgow 8.30 - 10.00am Thursday 12 May Edinburgh 8.30 - 10.00am p18

Judicial review update - Recent challenges to governmentThursday 5 May Edinburgh 8.30 - 10.00am Tuesday 10 May Glasgow 8.30 - 10.00am p19

Navigating through an LMA loan document Wednesday 11 May Aberdeen 8.00 - 9.30am CANCELLED Thursday 26 May Edinburgh 8.30 - 10.00am p20

Protecting the brand -Trademark registration and enforcementWednesday 11 May Edinburgh 5.30 - 7.00pm p21

Directors' personal liability -How to minimise the riskWednesday 11 May Aberdeen 5.00 - 6.30pm Thursday 26 May Glasgow 8.30 - 10.00am p22

5

Spring 2011

WORKSHOP: Competition compliance - The risks in practice

Thursday 12 May Glasgow 8.30 - 10.00am Tuesday 24 May Edinburgh 8.30 - 10.00am p23

Agency workers - What you need to know Friday 13 May Glasgow 8.30 - 10.00am Friday 20 May Edinburgh 8.30 - 10.00am p24

Planning appeals - Embracing the changeWednesday 18 May Glasgow 8.30 - 10.00am Wednesday 25 May Edinburgh 8.30 - 10.00am p25

The waste frontier - Risks and opportunities in Scotland's zero waste future

Tuesday 24 May Edinburgh 5.30 - 7.00pm p26

'Up close and personal' - A mock boardroom drama Thursday 2 June Edinburgh 5.30 - 7.00pm p27POSTPONED

NEW SEMINAR ANNOUNCEDUncharted waters: steering your development through the new marine licensing systemTuesday 19 April Edinburgh 5.30 - 7.00pm Thursday 9 June Aberdeen 8.00 - 9.30am p28

6

Seminars at a glance cont...

COMPLIANT OR COMPLACENT? - Bribery Most businesses still don't know what to expect when the Bribery Act comes into force. Government inaction has encouraged myths and scare stories, including ‘the death of corporate hospitality’, to prevail.

This seminar goes beyond the fiction and provides a real understanding for businesses of the risks they face from the Bribery Act and how to manage them.

This is the first in a special series of seminars, uncovering compliance issues of key importance to allbusinesses, large and small.

Speakers▪ Paul Marshall, Associate, Public Law & Regulation, Brodies LLP ▪ Susheela Math, Senior Solicitor, Public Law & Regulation, Brodies LLP

Audience▪ Business leaders▪ Company directors and senior managers ▪ Risk and compliance professionals▪ In-house lawyers

Date, location and time

Thursday 3 March

Thursday 17 March

Glasgow

Edinburgh

8.30 - 10.00am

8.30 - 10.00am

7

Spring 2011

Capital allowances and tax - Getting ahead in the healthcare sector

The business of care homes is an important and growing sector within healthcare. Together with experts from ChandlerKBS and Grant Thornton, we examine the ways in which care home operators and developers can ensure and maximise tax savings; and we look at the potential opportunities for mitigating VAT which is a sunk cost for the sector.

Speakers ▪ Peter Kelly, Partner, Banking, Restructuring & Insolvency, Brodies LLP

Guest speakers ▪ Dillon Davis, Partner, ChandlerKBS ▪ Stuart Brodie, Director, Grant Thornton

Audience▪ Care home operators and developers▪ Project managers ▪ Surveyors▪ Architects


Friday 18 March Glasgow 12.00 - 2.00pm

8

Seminar Programme

How to challenge procurement decisions - New opportunities for bidders

The market for construction and engineering work remains affected by the recession with limited funding, reduced investment, and budget cuts. It is more important than ever to make the most of opportunities to win public sector work.

But what if you're convinced that the procuring body has somehow mishandled the procurement exercise? What can you do if you feel you've not had a fair crack of the whip? Can you stop an award to a competitor or force the authority to re-tender the project? Will you be awarded your bid costs and loss of profit if you have not been fairly treated?

Brodies' procurement litigation expert, Mark Clough QC, explains the do's and don'ts of challenging procurement decisions.

Speaker▪ Mark Clough QC, Partner, Public Law & Regulation, Brodies LLP

Audience▪ All those submitting bids to public sector employers for construction and engineering projects of all shapes and sizes, whether or not procured through OJEU - contractors and sub-contractors, product manufacturers and suppliers, consultants and developers


Monday 28 March

Wednesday 30 March

Edinburgh

Glasgow

5.30 - 7.00pm

5.30 - 7.00pm

9

Spring 2011

COMPLIANT OR COMPLACENT? - Competition compliance - why it matters to you

Corporate governance standards, business profitability and local and international reputation can all be put at risk by an infringement of competition law. Breaches of competition law can result in huge fines, director disqualification, prison sentences and civil damages claims.

Join us to find out how to avoid the pitfalls of meetings with competitors, trade association events, dominant firm pricing, or another round in the pub with your former colleague turned competitor.

This is the second in a special series of seminars uncovering the compliance issues of key importance to all businesses, large and small.

Speakers▪ Mark Clough QC, Partner, Public Law & Regulation, Brodies LLP ▪ Charles Livingstone, Associate, Public Law & Regulation, Brodies LLP

Audience▪ Company directors and senior managers▪ Anyone involved in an industry with a history of (or reputation for) competition law infringements▪ Anyone wanting to expand their knowledge of competition law issues


Tuesday 29 March

Thursday 31 March

Glasgow

Edinburgh

8.30 - 10.00am

8.30 - 10.00am

10

Seminar Programme

To book your place please visit www.brodies.com/seminars or contact Rachel Osborne on 0131 656 0054 or [email protected]

From Bathgate to Bangalore - TUPE and outsourcing in the UK and abroad

With the trend of outsourcing set to continue throughout 2011, and the additional complexities of increased offshoring, our employment law specialists take a practical look at TUPE in the outsourcing context.

As well as giving a refresher on the effect of TUPE, we focus on the issues on the ground, providing practical guidance on some of the trickier people issues, and how these can be addressed in the commercial contract.

Speakers▪ Tony Hadden, Partner, Employment, Brodies LLP ▪ Karen Waddell, Associate, Employment, Brodies LLP ▪ Jennifer Hancock, Associate, Employment, Brodies LLP

Audience▪ HR professionals who deal with managing change ▪ In-house legal advisers▪ Anyone with an involvement in outsourcing contracts


Tuesday 29 March

Thursday 28 April

Thursday 19 May

Edinburgh

Glasgow

Aberdeen

8.30 - 10.00am

8.30 - 10.00am

5.00 - 6.30pm

11

Spring 2011

Landlords' remedies - Enforcing performance of tenants' obligations

In these difficult times, it is essential that investors, funders and managing agents know what options are available to enforce performance of a tenant's obligations under a lease. We run through the enforcement options available to landlords to recover arrears and the risks and benefits of threatening to terminate the lease.

Speakers▪ Matthew Farrell, Senior Solicitor, Property Litigation, Brodies LLP ▪ Jonathan Nisbet, Senior Solicitor, Property Litigation, Brodies LLP

Audience▪ Property professionals and managers


Wednesday 30 March

Thursday 7 April

Edinburgh

Glasgow

5.30 - 7.00pm

5.30 - 7.00pm

12

Seminar Programme

Rural Affairs - Mini-conference

Our new 'mini-conference' covers a diverse range of topical subjects for landowners and the rural community as a whole. We look in depth at environmental issues in rural development situations, wildlife and the Natural Environment Bill, the latest on agricultural holdings legislation and planning for development in rural lands.

Speakers▪ David Houldsworth, Partner, Agriculture & Estates, Brodies LLP ▪ Alex Buchan, Partner, Agriculture & Estates, Brodies LLP ▪ Karen Hamilton, Partner, Planning, Brodies LLP

Guest speaker▪ Speaker from ERM to be announced

Audience▪ Anyone involved in rural business, land management, farming, and rural development


Friday 8 April Edinburgh 9.30 - 2.00pm

13

Spring 2011

COMPLIANT OR COMPLACENT? - What's new in Health & Safety

In this essential update on health and safety, our team will take you through a round-up of recent developments, including court decisions and how they will affect day-to-day management of operational risk, HSE prosecution and enforcement. We look at lessons to be learned and discuss future health and safety trends and the issues that could affect businesses at a practical level. We will also spotlight developments with directors' and officers' responsibilities.

This is the third in a special series of seminars, uncovering the compliance issues of key importance to all businesses, large and small.

Speakers▪ Elena Fry, Partner, Health & Safety, Brodies LLP ▪ Paul Marshall, Associate, Public Law & Regulation, Brodies LLP▪ Laura Brain, Associate, Health & Safety, Brodies LLP

Audience▪ Health & safety practitioners▪ Insurers▪ In-house health & safety managers▪ Company directors


Tuesday 26 April

Tuesday 17 May

Friday 27 MayPOSTPONED

Edinburgh

Glasgow

Aberdeen

8.30 - 10.00am

5.30 - 7.00pm

8.00 - 9.30am

14

Seminar Programme


Managing multi-let properties - All you need to know

A whistle-stop tour for investors, funders and managing agents through the issues which require to be dealt with when managing multi-let properties, including offices, shopping centres and industrial parks.

The topics discussed will include consenting to assignations and sub-leases, service charges, turnover rent, keep open clauses, use of common space and exclusivity agreements.

Speakers▪ Morna Walton, Associate, Commercial Property, Brodies LLP ▪ Chris McDaid, Associate, Commercial Property, Brodies LLP

Audience▪ Property investors▪ Funders▪ Property agents


Tuesday 26 April

Tuesday 3 May

Glasgow

Edinburgh

8.30 - 10.00am

8.30 - 10.00am

15

Spring 2011

Planning obligations - Section 75s - re-hash or a shift in power?

Planning obligations replaced planning agreements on 1 February 2011, implementing another significant plank of planning reform. The right to appeal against a planning authority's refusal to modify or discharge a Section 75 has been introduced for the first time, arguably altering the balance of power in planning gain discussions.

The new provisions certainly present opportunities for developers and landowners, but pitfalls too. We will review the key changes with an emphasis on practical implications for deals and developments at each stage of the process.

Speakers▪ Denis Garrity, Partner, Commercial Property, Brodies LLP ▪ Alison Polson, Associate, Planning, Brodies LLP

Audience▪ Developers▪ Landowners▪ Agents▪ Planning consultants▪ Local authority officers


Thursday 28 April

Tuesday 10 May

Edinburgh

Glasgow

8.30 - 10.00am

5.30 - 7.00pm

16

Seminar Programme


Dilapidations and the measure of loss in today's market

We examine, in depth, how the courts will measure loss in dilapidations claims - by cost of works or diminution of value? How long can a landlord claim loss of rent? To what extent does he have to mitigate his loss? The standard of repair - what is meant by ‘replace’, ‘renew’, ‘tenantable’ and ‘substantial’?

Speakers▪ Stephen Goldie, Partner, Property Litigation, Brodies LLP▪ Matthew Farrell, Senior Solicitor, Property Litigation, Brodies LLP

Audience▪ Property professionals and managers


Wednesday 4 May

Wednesday 11 May

Glasgow

Edinburgh

5.30 - 7.00pm

8.30 - 10.00am

17

Spring 2011

Contract clauses guaranteed to get you into trouble…and how to fix them

Does your supply contract give you exclusive rights? Can you force an order through? What happens when you want out or the other party does? Depending on who drafted your contracts, the answers to these questions might not be as clear-cut as you think they are.

It might not be too late to fix it though.

Speakers▪ Iain Rutherford, Associate, Commercial Litigation, Brodies LLP ▪ John McGonagle, Senior Solicitor, Technology, Information & Outsourcing, Brodies LLP

Audience▪ Business owners▪ Business managers▪ Procurement officers▪ In-house legal ▪ Anyone who deals with commercial contracts


Thursday 5 May

Thursday 12 May

Glasgow

Edinburgh

8.30 - 10.00am

8.30 - 10.00am


18

Seminar Programme

Judicial review update - Recent challenges to government

The law of judicial review in Scotland - when and how challenges can be taken to the decisions of public authorities - continues to develop rapidly. We will provide an update on recent Scottish and English cases looking at planning, education, procurement, social care and challenges to legislation.

Speakers▪ Christine O'Neill, Partner, Public Law & Regulation, Brodies LLP ▪ Emma Gilpin, Senior Solicitor, Public Law & Regulation, Brodies LLP

Audience▪ Anyone involved in raising or defending legal challenges to the decisions of public authorities


Thursday 5 May

Tuesday 10 May

Edinburgh

Glasgow

8.30 - 10.00am

8.30 - 10.00am

19

Spring 2011

Navigating through an LMA loan document

LMA facility agreements are more commonly used in finance transactions in Scotland than ever before. This is an introductory seminar to assist junior in-house lawyers and bankers to become familiar with the operation of an LMA facility agreement, how it is structured and some of the key points which differentiate it from a house style. An essential seminar if you need to understand how the document works but don’t know where to start!

Speakers▪ Alan Knowles, Partner, Banking, Restructuring & Insolvency, Brodies LLP ▪ Janine Lu, Associate, Banking, Restructuring & Insolvency, Brodies LLP

Audience▪ Junior in-house lawyers and bankers


Wednesday 11 MayCANCELLED

Thursday 26 May

Aberdeen

Edinburgh

8.00 - 9.30am

8.30 - 10.00am


20

Seminar Programme

Protecting the brand - Trademark registration and enforcement

Your brand and reputation matter to your business - and a trademark can be one of your most valuable assets. So why haven't you registered your trademark?

Alongside guest speakers from Marks & Clerk and HW Forensic Accountants we discuss the importance and value of trade mark registration.

Speakers▪ Iain Rutherford, Associate, Commercial Litigation, Brodies LLP

Guest speakers▪ Campbell Newell, Partner, Marks & Clerk▪ Robin Gribbon, Forensic Accountant, HW Forensic Accountants

Audience▪ Company directors and senior managers▪ Marketing and business development directors▪ IT directors▪ Anyone with an online presence or a brand they want to protect


Wednesday 11 May Edinburgh 5.30 - 7.00pm

21

Spring 2011

Directors' personal liability - How to minimise the risk

Executive directors just want to get on with the day-to-day running of their company's business. If they're doing it properly, isn't that all that matters? Unfortunately the answer is no. All directors - regardless of what sector they're in and how big their company is - are subject to a host of legal and regulatory requirements. And they can't just hide behind the company if it all goes wrong.

Personal liability of directors is on the increase. A director may find that he / she has to pay fines or damages out of his own pocket. In severe cases he / she even runs the risk of being disqualified from managing a company. We examine the most common areas where personal liability can arise, touching on company law, insolvency, health and safety, and the new Bribery Act. We will provide practical guidance on how to avoid liabilities and look at how a properly run board can mitigate the risks.

If you're already a director, or thinking of taking on a board position, you can't afford to miss it.

Speakers▪ David Allan, Partner, Corporate, Brodies LLP

Audience▪ Directors and company secretaries


Wednesday 11 May

Thursday 26 May

Aberdeen

Glasgow

5.00 - 6.30pm

8.30 - 10.00am

22

Seminar Programme


WORKSHOP: Competition compliance - The risks in practice

A role play workshop of realistic business scenarios that you'll want to watch - as much as you'll want to avoid the list of risks they attract: fines of up to 10% of turnover, director disqualification for up to 15 years, prison sentences of up to five years, and on top of it all a few civil damages...

Speakers▪ Mark Clough QC, Partner, Public Law & Regulation, Brodies LLP ▪ Charles Livingstone, Associate, Public Law & Regulation, Brodies LLP

Audience▪ Company directors and senior managers▪ Anyone involved in an industry associated with a history of (or reputation for) competition law infringements ▪ Anyone wanting to expand their knowledge of competition law


Thursday 12 May

Tuesday 24 May

Glasgow

Edinburgh

8.30 - 10.00am

8.30 - 10.00am

23

Spring 2011

Agency workers - What you need to know

Many employers use agency staff (or ‘temps’) to provide flexible workforce solutions. From 1 October 2011, new regulations come into force which could change the face of agency services in the UK. The Agency Workers Regulations 2010 will give agency workers the right to equal treatment with those recruited directly by the client - subject to a 12-week qualifying period.

We will consider the practical effects that the new legislation will have on agency workers, agencies and end users and what can be done now to help you prepare for the arrival of this new law.

In what has become a highly regulated area, we also plan to look at further legislation affecting agency staff and the rights that they hold.

Speakers▪ Lynne Marr, Partner, Employment, Brodies LLP ▪ Anna MacGregor, Senior Solicitor, Employment, Brodies LLP ▪ Paul McQuade, Senior Solicitor, Employment, Brodies LLP

Audience▪ HR professionals▪ Recruitment professionals


Friday 13 May

Friday 20 May

Glasgow

Edinburgh

8.30 - 10.00am

8.30 - 10.00am

24

Seminar Programme


Planning appeals - Embracing the change

After the planning reform, the landscape for planning appeals is very different. The trend away from inquiries, together with restrictive rules of evidence, and increased power to Reporters are all a cause for concern.

Drawing on practical experience of appeal cases under the new system, this seminar will provide useful insights and suggestions on working the procedures to suit your needs, and presenting your appeal to best advantage.

Speakers▪ Neil Collar, Partner, Planning, Brodies LLP ▪ Robert Seaton, Associate, Planning, Brodies LLP

Audience▪ Developers▪ Landowners▪ Agents▪ Planning consultants ▪ Local authority officers


Wednesday 18 May

Wednesday 25 May

Glasgow

Edinburgh

8.30 - 10.00am

8.30 - 10.00am

25

Spring 2011

The waste frontier - Risks and opportunities in Scotland's zero waste future

The Scottish Government's zero waste plan came into effect in June 2010, though we are only now seeing the detail of the new system appearing. New regulations aim to ensure waste is treated as high up the waste hierarchy as possible: there will be landfill bans, restrictions on feedstock for energy from waste, mandatory waste segregation, and mandatory record-keeping.

New regulation means new risks both for waste producers and waste managers. The ambitious aims of maximising the recovery of resources from waste and reducing landfill to 5% of all waste streams by 2025 will require more infrastructure of greater complexity for collection, recovery, recycling and extracting energy from waste. New waste facilities often face strong public resistance, but it is vital that sufficient facilities are delivered on time.

We examine the whole picture and review both the risks and opportunities of a zero waste future.

Speakers▪ Charles Smith, Partner, Projects, Brodies LLP ▪ Robert Seaton, Associate, Planning, Brodies LLP Audience▪ Local authorities▪ Developers▪ Commercial tenants / occupiers, especially those who produce food waste▪ Retailers


Tuesday 24 May Edinburgh 5.30 - 7.00pm

26

Seminar Programme


‘Up close and personal’ - A mock boardroom drama

Now is a difficult time to be a director. Apart from the day job, there is a whole host of legislation that can trip up the unwary and result in personal liability for the director. Potential damage to the director ranges from financial and reputational through to criminal liability.

We present the latest in our popular series of interactive mock boardroom dramas, which illustrate the many pitfalls and risks. Updated to include the latest in legal and governance developments, can you afford to miss it?

Speakers▪ Rachel Grant, Partner, Commercial Litigation, Brodies LLP ▪ Elena Fry, Partner, Health & Safety, Brodies LLP▪ Joyce Cullen, Partner, Commercial Litigation, Brodies LLP▪ Catherine Feechan, Partner, Corporate, Brodies LLP

Audience▪ Business owners▪ Company directors and senior managers▪ HR▪ In-house lawyers


Thursday 2 JunePOSTPONED

Edinburgh 5.30 - 7.00pm

27

Spring 2011

Uncharted waters: steering your development through the new marine licensing system

Development of offshore renewables schemes in Scotland's marine environment is set to expand at an unprecedented rate in the next 10 years.

The new marine licensing system is set to come into effect on 6 April 2011 and will change the way developers go about obtaining consent for new development. Several innovations have been brought in, including a new licensing body, a new appeals system, new exemptions and new costs - all set in a new marine planning system.

So how will the new system work and how will it fit in with the other aspects of regulation of marine development, such as environmental assessment, marine protected areas, or European protected species licensing?

Speakers▪ Neil Collar, Partner, Planning, Brodies LLP ▪ Robert Seaton, Associate, Planning, Brodies LLP

Guest Speakers ▪ Dr Jonathan Benjamin and Candy Hatherley, Wessex Archaeology▪ Jim McKie, Licensing Operations, Marine Scotland

Audience▪ Oil and gas companies, marine renewables developers, harbour authorities, fish farm operators, planning authorities and other regulators, marina operators, civil engineers, planning and environmental consultants, and anyone else with an interest in the marine environment.


Tuesday 19 April

Thursday 9 June

Edinburgh

Aberdeen

5.30 - 7.00pm

8.00 - 9.30am

28

Seminar Programme

23 Carden PlaceAberdeen AB10 1UQT 01224 392 242F 01224 392 244

15 Atholl CrescentEdinburgh EH3 8HAT 0131 228 3777F 0131 228 3878

2 Blythswood SquareGlasgow G2 4ADT 0141 248 4672F 0141 221 9270 www.brodies.com

Documents

spring%20seminar%20programme%202011%20website