Getting to the route of the issue

At the end of January, the Secretary of State confirmed plans for phase 2 of the HS2 route, and many people along the route got rather a rude surprise.

With immediate effect, everyone within the proximity of the proposed routes (yes there are two routes going north from Birmingham) will have seen their properties blighted since lenders simply will not want to lend against them.

As I understand it, proximity for these purposes means is about a mile on each side of the line and the timetable – a minimum of 16 years!

Apart from the ‘proximity effect, what also needs to be taken into account is the additional disruption to the locality. My commute to work route involves crossing the M6 Toll. During the construction, roads were closed, moved and blocked. Often it was not possible to tell one day to the next which route I could take. After that I had to cross the route of the 4 track works to the West coast main line, and again the road was moved more than once during construction. Whilst all of these projects are extremely impressive civil engineering projects, we cannot ignore human cost.

The government seems hell bent on proceeding with HS2, seemingly ignoring all of the  objections. Yes, it is clear that our transport infrastructure is in need of updating and modernising, and yes it is clear that during certain periods of each day, the system can’t cope with demand, but there is capacity for more trains to run on the current network. Also by increasing the frequency of trains, has consideration been given as to whether the destination stations can cope. For anyone who has travelled to London during peak hours, the queues for taxis and the underground are palpable. So if people can get to London quicker, can the infrastructure in our capital cope?

For my part, I am not sure that being able to get to London 10 minutes quicker from Birmingham is worth the price that is going to be paid, not only in the cost of the project, but also in terms of the real personal costs to all of those living on the route. I am not nimbyish about this, but cannot see that the government has really consulted with the voters or it’s own party members. Can the current infrastructure not be improved?

A number of my friends commute to London each day. After HS2 has been constructed, they will have to drive to one of the HS2 hubs to catch their train to work. This will in fact extend their travelling time considerably. What is the sense in that?

Further, I talk to a lot of people who run businesses in the Midlands, and not one can see any long term benefit to them of HS2. Many are concerned that if the South East is made more of a convenient location, then many of their more capable employees will consider working away from the Midlands, thus resulting in a drain of talent to the south east. 

It seems to me that yet again the engine room of England is being asked to pay a very heavy price to massage the egos of the London based politicians, and for not having the Capital city.

Weathering the storm

Looking out of the window, we are back to the usual winter weather – wind rain, and dull days.

Only a few days ago, when looking out of the same window I would see a white winter wonderland, well for a few days anyway.

However whilst it may have looked very nice, we are told by our friends in the media that the snow fall caused chaos, and yet again we were not prepared. The fact of the matter is that we rarely get snow like we had this year. Yes most years it snows, but it doesn’t usually hang around, and within an hour it has gone. 

So should we be better prepared? Well the cost of keeping the road networks running when the snow falls is astronomical, and that’s just the snow ploughs and gritters, and doesn’t include the additional strain on our emergency services. Anyone who follows the news will be aware that the economy in the country is on a knife edge, and the government is pressurising the local councils not to increase our rates. So who can really blame the councils if they cannot keep all of the roads clear of snow. From my perspective, and I live up a lane in the middle of nowhere, this year the councils all did a sterling job keeping things going. In fact I would say that the snow probably caused less disruption than the recent floods.

A few years ago I was skiing in Canada with a friend. Whilst there the highest temperature we saw was -20 C. And yes everything worked, the roads were clear, the buses ran on time, the bins were emptied, and the screen washers on the hire car worked. However, on discussing this with the locals, they confirmed that when the first snow of the winter falls, they are rarely prepared, the roads are blocked, cars get stuck, and there is general chaos. It takes about a week for everyone to put the correct tyres on their cars, and for the snowploughs to be got out of storage etc. So even though they know that it is going to happen every year, initially they also suffer chaos.

So come on, give the authorities a break. I don’t think we did too badly.

Of course an analogy could be made between the current weather conditions and the business climate that we seem to be encountering. The demise of High Street outlets Comet, Jessops and HMV present a strong case for the prediction of a triple dip recession. So in practical terms should business owners be more prepared for continued adverse conditions? 

On the first Friday when the snow fell, our business like many had to make a decision whether to close early and let staff get away in plenty of time or to remain open until the bitter end. Like many businesses we chose to close the office early, requesting those who could to work from home. As a result most left the office around lunchtime. I am told that the normal 30 minute journey took between 2 and 3 hours. Those that left later found the same journey took about 45 minutes!

I am sure that there is a moral in the story somewhere.

Well the Olympics are finally over

Overall, Team GB and the organisers should all be pretty pleased with themselves for what  is now being reported as one of the best Olympics ever. On the competition front (possibly with the exception of our football team) everyone excelled,  and maybe the so called home advantage helped – so what?

For my part, I think that the BBC did a fantastic job. For most of the day, if you didn’t want to watch the sport they were covering on BBC1, they gave the viewer a huge array of other options. This meant that even some of the almost unheard of minority sports got the coverage that in previous Olympics they would only have dreamt of. Whether you pressed the red button, watched on your computer or mobile device, the BBC did a fantastic job.

Whilst the Olympic closing ceremony has met with its critics, it was what it was supposed to be, a ceremony closing the Olympics. In other words a damn good party to celebrate the fact that we got it right. Judging by the TV pictures, all of the athletes were enjoying themselves, and even David Cameron was dancing! So to hell with the critics, enjoy.

In the past, GB Plc has been criticised on the world stage for its organisational abilities and efficiencies. Well the Olympics is one of the greatest world stages, and apart from some issues with ticket sales, (and again, some people couldn’t be bothered to turn up at certain events – so what?) I have not heard any criticism of the running of the various events, nor the venues themselves. It goes to show, that when we put our minds to it, we can be up there with the world’s best, producing high quality products on time, and in some cases ahead of time. One of the spin-offs must surely be that Great Britain can compete on the world stage in all industries at the highest of levels.

However it is all now over, and the morning news has returned to its old ways – without the good news. For my part, I hope that the feel good factor is allowed to continue since it is a long time since we have been able to feel so proud of our achievements.

Go for it GB.

Putting the Great back into Britain

As I type this we are part way through the Olympics, and the Bruce Forsythe quote comes to mind – ‘didn’t they do well!!’

I have to admit to being somewhat sceptical about the Olympics coming to Britain. But, it seems that all of the critics may well be proved wrong.

Whilst not to everyone’s taste, I thought the opening ceremony was absolutely fantastic. A portrayal of our history without upsetting anyone, and not a single mention of the war! Danny Boyle has been rightly applauded for his depiction of what has been and is still great about Blighty.

As for the day to day running of the events, I have not heard of anything going wrong, yet, which you have to admit is slightly un-British. Despite the projections, London has not ground to a halt, and life has gone on reasonably normally.  The prophesied gridlock and chaos has not materialised so well done all of the organisers.

As for the important bits, the competitions themselves, the Brits seem to be doing extremely well, and are currently lying third in the medal table, an achievement in itself. Whilst some would say that we have a home advantage, why not! The referees and umpires have all been extremely fair even if the spectators, whilst giving extra cheers for team GB are acknowledging the great sporting achievements being achieved.

And, even the Queen has taken part! Although at the risk of being executed for treason, surely it should have been “good evening Commander Bond”.

Regulation

There has been quite a lot written in the press over the last few weeks relating to the weight of regulation small to medium sized businesses have to cope with. Whether Mr Beecroft intended to cause such a stir when he wrote his report I do not know. Whatever his intentions he managed yet again to show the cracks which have been poorly papered over in the coalition government.

Dealing on a daily basis with small to medium sized businesses, I often hear complaints that the regulations businesses currently have to adhere to are costing a lot of money and in effect stifling business growth.

Whilst it is true to say that a lot of the more complex employment regulations we have emanate from Europe,  the regime which decides most employment disputes, the dreaded Employment Tribunal, has little or no regard for the struggling business owner. The fact that there a great many businesses which, due to financial constraints,are unable to fully comply with all employment regulation is nothing new to me. Indeed, many clients have expressed concern that they have to comply with the same regulations as much bigger and more profitable businesses, and that the penalties for breach of regulations is the same whatever their size. The answer many clients have is to ignore the regulations and hope that it does not bite them at a later date.

Indeed, in some respects, the failure to comply with the complex letter of employment law does not necessarily mean that the businessman is a bad employer. In some cases these businesses are just what the politicians of all colours want to encourage. Profitable,  owner managed employers. Indeed, many business owners are more concerned about trying to deal with issues from a people perspective rather than comply with hard to grasp complex regulations. I have often been called to advise businesses who are simply trying to remove a disruptive employee, who by his or her behaviour is bringing the whole business in jeopardy.  Here the business owners are often just trying to look after the rest of their work force but then sadly get penalised for failing to comply with regulation.

Many of these same employers will also have regard to what they understand the regulations say when they look at potential employees often making decisions which  could be regarded as discriminatory even before they hire.

I am not in a position to comment on employment laws in other countries, but if Britain is to  be the power base the politicians require, they must assist the small to medium sized businesses succeed. After all, we were known as nation of market traders.

Traditions

There are a lot of factors that make our country really great. The countryside, cultural diversity, the people, and the beer are just a few.

However we would not be where we are without our traditions. Some may think that they are a little eccentric, but hey, they add to the character of our nation.

A couple of weeks ago, we had the Oxford v Cambridge boat race. Not appreciated by many is that this is an amateur only event for which the participants spend more then 6 months training. The event itself is a one off race, over just under 5 miles of the River Thames. Then, not only do the crew all go backwards, but in true Brit fashion, they also row against the tide!

Sadly, this years spectacle was marred by a Mr Oldfield, who decided that it would be rather fun to swim into the path of the two boats and see what happened. Bearing in mind that the crews were all looking where they have come from, and the view of the cox is to say the least limited, this seemed a remarkably dangerous stunt. Whilst Mr Oldfield survived unscathed, the same cannot be said for the sporting event itself. His actions literally changed the fortunes of the event.

Then the following week we had the Grand National. A fine British event, where fences are named after heroes and famous landmarks, and the central arenas contain statues of previous victors. The great and the good of horse racing attend, and this is one event any self respecting jockey wants to win.

Sadly, this years event was also marred, although this time not by any self publicising member of the public, but by the fact that two horses had to be put down.

Then we have had the London Marathon. Not exactly a tradition, but this event attracts some of the more eccentric in society. Most people run this event to raise funds for various charities, another tradition in our society. A friend of mine took part in this years event. He told me that he was going dressed as a fat sweaty old man. Despite this handicap he finished, so well done Martin.

Throughout the rest of the year we are bound to see and hear a great deal of our traditions, and quite rightly so, since they help put the Great into Great Britain. It’s just a shame that political correctness sometimes seems to try and dumb down what we should be shouting loudest about.

2012

It has been some time since I have blogged. Unfortunately I had to have an absence away from work, and since I have been back things have been pretty hectic.

 However since things are now getting back to normal, I have also started to think about blogging. It’s strange the things we think about in our downtime.

 So it’s now 2012, and we are already nearly a quarter of the way through the year. But what of 2012. There are two big events this year which will hopefully take our minds off the  on going economic situation; the Olympics and the Golden Jubilee.

 Whilst the Olympics is a fantastic occasion, and does draw a lot of attention to the host nation, I am not entirely sure that we will not all look back on the spectacle as somewhat of an economic damp squid. As far as the West Midlands, and more importantly the Black Country are concerned, I fear that we will not see any benefits at all; indeed maybe the opposite since for a few days in July and August we will have all of our attentions diverted from our day to day lives to individual achievements in one discipline or another.

 I don’t want to take anything away from the work done by the organisers, nor, more importantly, the competitors, but I do hope that the legacy is of benefit to us all. I have no doubt that we will see some fantastic sport, and many individuals will far exceed their own expectations of themselves. So let’s hope that this inspires us all to conquer adversity.

As for the Golden Jubilee, what can I say. God bless her majesty. Despite occasional bad press she seems to have survived adversity in that typical stiff upper lipped Brit way. As I write this I understand that she is starting out on a huge number of visits around our country. She will do it with grace, dignity and style. There is not another human on our planet that could do her job so successfully.

Both of these events will bring out the best of our country, and its population. Bring them on.

The end of Gaddafi…

So they finally got him. Yes the inevitable happened, millions of dollars was spent, and one of the most wanted men in the world was cornered, and then killed. Whilst the circumstances surrounding Colonel Gaddafi’s final days will be debated at length over the coming months, the fact is, that what the west and many others wanted has happened – he has been removed.

A couple of odd facts strike me about this though. Firstly, having declared that Gaddafi was no longer leading Libya, the press continued to refer to those hunting him, and therefore by inference the new leaders as ‘rebels’. Whilst initially the opposition could be regarded as rebels, once Gaddafi had been deposed, surely they became the ruling power, which meant that by definition Gaddafi became the rebel!

Secondly, having declared intent that Gaddafi was wanted ‘dead or alive’ the fact that he was killed should have come as no surprise. However, it seems that there will be as much effort put into hunting down those involved in his death, as was put into finding Gaddafi himself.

Whilst in a civilised world murder and killing cannot be condoned in any circumstances – the world wanted rid of this particular dictator. Whilst there is a need to piece together what happened, surely that should be an end to it.

The Secrecy of Apple and The Law

After months of speculation October 6th saw the long awaited announcement about the new iPhone. Not the iPhone 5 as many supposed, but an iPhone 4s, and, if Apple’s own publicity is to be believed, the best iPhone yet!

Whilst I am a paid up member of the iPhone appreciation society, what has amazed me is the amount of publicity around this product, not created by Apple themselves, but by the rumour mill. Whilst Apple must spend millions on marketing, and advertising, they must see as much benefit from the huge amount of speculation which took place before the launch.

I remember reading about what the ‘new’  iPhone would be as long ago as April. Whilst I acknowledge that a lot of what was written then now appears to be incorrect, it certainly got people’s interest, even the BBC speculated about this product. This hype has helped Apple run what they say has been the most successful new product launch they have had!

Apple is a company known for it’s secrecy, and interestingly, the more secretive it becomes, the more that people try to find out what is going on. Human nature is such that  the more that we are told we can’t have something, then the more we try to get it. Apple as a company must be relishing this characteristic.

The law has by many been seen as being run as a secret society. However, this is apparently all about to change with the opening of the way for non lawyers to provide legal advice. Some believe that the lid has well and truly been blown off Pandoras box.  But, who will benefit? The idea that there may be some mystique to the way lawyers work has in the main worked well, with the majority of people using lawyers being generally satisfied with the advice and service provided.

It remains to be seen whether the new changes will actually benefit the consumer of legal services in the future. However, without the mystique, will some of the power be lost. And, will that result in a less streamlined and less regulated society? I think not. If it is no longer a secret it no longer holds any intrigue, and therefore why should standards be maintained. If the press are to be believed legal services will become just another bag of apples!

And so back to Apple. I must pass comment about the late Steve Jobs. Again many column inches have been written, and many words spoken about him and his premature departure. Whilst I did not know him personally, and therefore couldn’t join in with the wave of hysterical grieving, the world has clearly lost a great man. A man who, if what we read is to be believed, almost single handedly changed the way that we live our lives on a daily basis. His ability to conceptualise and lead from the front must be the envy of many CEO’s. He has provided us with some great products that simply work out of the box. His understanding of the KISS principle was outstanding. It is a sign of the awe with which he was held, that even his competitors have delayed the introduction of their own competing  products as a mark of respect.

Life will be less technologically beautiful and more complicated as a result of his passing.  God bless you Steve.

Steve Jobs - "Life will be less technologically beautiful and more complicated as a result of his passing. God bless you Steve."

It’s a Referral

So the government has decided to review referral fees stating that it will ban the payment of referral fees in personal injury matters.

I have rarely found a single topic which has created such diverse views amongst law firms. You are either pro, or anti, there seems to be no middle ground. Some regard referral fees  as a bribe, others as a harmless way of buying in new business.

At Enoch Evans, we have always been firmly in the anti camp, not only when we did Personal Injury work (we ceased this area of advice many years ago),  but also for all other types of work where there is an expectation that referral fees must be paid. Our view is that referral fees are not in the interest of the consumer of our services, nor the public at large. In addition, this whole area is highly regulated, and many who are involved with referral fees simply do not appreciate the regulations which have to be complied with.

Referral fees in personal injury work has cultivated a whole new industry for claims management companies, although this has resulted in some rather strange situations. For example, have you ever had an unsolicited text informing you that you could claim over £3,000 compensation? I have.

Recently whilst at the wedding of a friends daughter my parked car was assaulted by an unmanned car.  Parked on a hill, the unwitting driver of the other car had failed to engage the handbrake, and gravity being what it is, the other party’s car rolled down the hill into the rear of my car doing not an inconsiderable amount of damage to both vehicles. We found the owner of the other car, exchanged details, and once we had broken the mechanical embrace of the two vehicles drove home. The other parties insurance company was contacted, and arrangements made for our vehicle to be repaired.

A couple of days later the texts started, promising us money for whiplash! I then even received a phone call confirming that since I had been involved in an accident which wasn’t my fault, I could claim compensation for the injuries I had undoubtedly incurred. The fact that neither my wife nor I were in the vehicle at the time didn’t seem to put this guy off!

Whilst this tale may seem absurd, it is true. If my experience is anything to go by, then maybe the government is right on this occasion.