The closure of BHS - Pensions

Updated June 2017

After 88 years of trading, British Home Stores (BHS) finally closed - ITV News 28th August and Express 28th August.   The Express reports that - "The stores were originally due to be closed on August 22, but the shut down was pushed back so that joint administrators Duff and Phelps and FRP Advisory could sell as much stock as possible to maximise returns for creditors."

In March 2015, Retail Acquisitions Ltd purchased BHS from Arcadia Group Ltd for the sum of £1 - BBC News 12th March 2015.   On 11th March 2015, Sir Philip Green ceased to be a Director of BHS.  Sir Philip was a Director of Arcadia Group from 16th October 2002 until 15th December 2015.  Arcadia Group is in a chain of businesses with a Jersey registered private company called Taveta Ltd at the pinnacle.  Sir Philip Green's wife has control of Taveta Ltd.

BHS went into administration in 2016 - BBC News 27th April 2016 - with serious concerns over the deficit in the pension funds.  The concerns are likely to require the Pension Protection Fund (PPF) to step in to ensure that former employees receive at least some pension.  The Board of the PPF was created by Part 2 of the Pensions Act 2004.  An investigation by the Pensions Regulator - created by the Pensions Act 2004 Part 1 - is on-going.

Brexit and the UK as a Union - an interesting contribution from Aberdeen

Let us suppose that the courts decide that Article 50 (Treaty on European Union) may be "triggered" by Ministers using royal prerogative powers relating to treaties.  According to Mr Scott Styles (Senior Lecturer at the University of Aberdeen School of Law) an interesting possibility then arises - Aberdeenunilaw - Scott Styles - Article 50, the Articles of Union and using the Royal Prerogative to end the union between Scotland and England

Mr Styles' article commences:

"The use of the prerogative power to invoke Article 50 of the TEU has been much discussed since the Brexit vote on 23 June 2016 (including this initial post on the matter and a follow-up post). The present author believes that only an Act of Parliament can be used to invoke Article 50 but if I am mistaken then a very interesting route to Scottish independence potentially opens up.

If the UK government were to persist in arguing that the Prerogative can be used to trigger Article 50 and that submission were to be upheld by the courts then that will logically lead to a conclusion that Westminster will not welcome: that the Prerogative can be used to dissolve the Union between Scotland and England."

If correct in law, this would be a startling consequence.  

Brexit ~ the European Communities Act 1972

The EU Referendum vote in favour of Brexit will eventually require the dismantling of the complex relationship between the domestic law of the UK and the law of the EU.  This will not be a straightforward task and the difficulties should not be underestimated.  It is far from being a matter of simply repealing the European Communities Act 1972.

The European Communities Act 1972:

Here is the European Communities Act 1972 (as amended up to 11th August 2016).  It is - "An Act to make provision in connection with the enlargement of the European Communities to include the United Kingdom, together with (for certain purposes) the Channel Islands, the Isle of Man and Gibraltar."

Beyond Brexit - WTO?

It is almost 60 days since the EU referendum of 23rd June 2016.  Following the resignation of Prime Minister David Cameron, a new government was formed under the leadership of Prime Minister Theresa May who stated during the brief party leadership campaign that "Brexit means Brexit" and she reorganised aspects of the government accordingly.  Detail of the reorganisation is at Parliament Written Statement 18th July.  There is a new Department for Exiting the European Union and also a Department for International Trade.

A the moment, there are many questions as to what the future might hold.  For example, what kind of relationship will emerge between the EU and also with non-EU countries.  Although it was intended to inform the referendum, this Referendum Document gives indications as to what forms of relationship might be possible.

The possibility

Barbaric and planned murder in Lancashire

Crown Court at Preston

The murder of Sadie Hartley (age 60) was "a crime of obsession, of arrogance, of barbarity ..." - Mr Justice Turner.  Sarah Williams (35) and Katrina Walsh (56) were found guilty of the murder at the Crown Court at Preston before Turner J and a jury.

Media reports include Lancashire Telegraph and BBC News 

The Sentencing Remarks of Turner J are available -Sentencing Remarks - and offer a clear example of how, in practice, the Criminal Justice Act 2003 Schedule 21 is applied.  The principal offender was Sarah Williams and a minimum term of imprisonment of 30 years was set in her case.  Katrina Walsh was "a fellow spirit and enthusiastic participant" who had engaged in several preparatory acts and also assisted in trying to cover up the offence.  Also convicted of the murder, Walsh received a minimum term of 25 years.

Schedule 21 paragraph 5 deals with cases of "particularly high seriousness" and para. 5(2) sets out some cases which would normally be regarded in that way.  The list in para 5(2) is in no sense an exhaustive list and so it does not prevent other cases being regarded as being of "particularly high seriousness" - see, for example, Griffiths and others v The Queen [2012] EWCA Crim 2822 (Hughes LJ and Ramsey and Irwin JJ).

Roundup - Items of Interest

Updated 18th August:

Here is a round up of some of the prominent topics at the present time.  In no particular order ....

The future of the civil courts -  see the Interim Report by Lord Justice Briggs and also his final report.  The Martin Partington blog has taken a look at it.

Independent Inquiry into Child Sexual abuse - the appointment of a non-lawyer as the inquiry chairman (previous post) has attracted some comment - see Rightsinfo and also Barrister blogger.

President of the Family Division Viewpoint - see the 14th View from the President's Chambers
and see Family Drug and Alcohol Court (FDAC) and PAUSE.  Lancaster University - Family Court recycles one in three young mums.


Imprisonment for Public Protection (IPP) - this "mess" rumbles along and the government is urged to find a solution - see  Solicitors Journal

New legislation on "Zombie Knives"

Having article with blade or point in public place:

On 9th May 2014, this blog looked at sentencing for possession of bladed or pointed articles.  The offence is governed by the Criminal Justice Act 1988 section 139.  In that post it was noted how the maximum sentencing powers for possession of such articles had been increased by Parliament but there was some concern that actual sentencing did not reflect those increases.

Sentencing Guidance for Magistrates is now available online and this shows that where the offence is committed in dangerous circumstances but the weapon was not used to threaten or cause fear then 6 weeks custody could be appropriate with a sentencing range of High level community order to committal to Crown Court for sentence - see guidance here.  Where the weapon is used to threaten or cause fear and the offence is committed in dangerous circumstances then the guidance is that Magistrates should commit the offence to the Crown Court for sentencing.

There has been growing concern that so-called Zombie Knives have become a weapon of choice for those with criminal intentions.  The government has secured new legislation on such articles.