Tuesday, 29 September 2015

Japanese Knotweed Treatment | Japanese Knotweed Control

Eco Control Solutions (ECS) design specific packages to suit any client’s need with a wide range of Japanese Knotweed eradication options depending on the site specific pressures with regards to timescales, costs and ecological issues.
Site surveys
ECS offer comprehensive site surveys in which specific invasive weed species and ecological issues will be identified on site and practical solutions provided to your Japanese Knotweed problem. The issues will be mapped and detailed with a cost effective strategy put in place.
Japanese Knotweed Herbicidal Treatment

ECS prides itself in it’s ability to eradicate Japanese Knotweed in a single season using herbicidal treatments. ECS’s system has been developed through a detailed understanding of the biology of the plant, this enables ECS to provide a cost effective and guaranteed Japanese knotweed eradication solution.
All Japanese Knotweed eradication projects are covered by a 10 year guarantee.
ECS’s experienced and fully qualified in-house operatives will carry out site visits throughout the treatment period with continued monitoring to ensure eradication.
Japanese Knotweed - Geo-textile Membranes
These are also known as root barriers, these are a physical barrier protecting a structure or site from Japanese Knotweed infestation. These can be used for cell burial, stock pile formation and other burial methods.
Spoil to Soil Technology

Spoil to soil Technology; is our latest development in mechanical eradication of Japanese knotweed. A technique developed by our research team to deliver on site remediation of Japanese Knotweed infestation.

Spoil to Soil Technology enables ECS to provide the Client with guaranteed clean soil that can be used to back fill excavations with the additional reassurance of an approved residual persistent herbicide to ensure that even the smallest rhizome particle is left non viable to cause future re-growth.

By using innovative plant that has been tailored for the purpose, we have been able to keep the cost of this methodology to below that of existing mechanical techniques, which along with the Government’s Tax advantages on in-situ treatment has allowed us to create a new market segment between herbicide spraying and the more traditional but expensive ‘dig and dump’ remediation.

The advantages of this methodology are:

•    Financial – an extremely competitive solution
•    Instant solution - as quick as conventional excavation solutions (Dig and Dump)
•    No time restrictions - this methodology can be utilised at any time of the year
•    A carbon neutral solution which enables the client to claim up to 42% tax relief
•    No importing of expensive back fill
•    The clean soil can be re used on site
•    Reduced amount of dumper trucks, less complaints from adjoining residents
•    Reduced amount of noise pollution
•    ECS 10 Year 5 Million Pounds insurance backed warranty
Remove Japanese Knotweed - Dig and Dump

On occasions there is no other option on a development site apart from removing the Japanese Knotweed contaminated soil from site and disposing in an authorised landfill. ECS are able to provide resources including watching briefs to reduce the amount of material going to landfill by up to 60% therefore greatly reducing costs. ECS are also able to supply all plant, transportation and disposal of the controlled waste therefore offering the client a complete package.
Remove Japanese Knotweed - On-site Burial
Where the site conditions allow an on site burial strategy may be possible. This involves placing the Japanese Knotweed contaminated material at least 5m below the final ground level and capping it with clean material.
Remove Japanese Knotweed - Cell Burial
Japanese Knotweed Onsite burial is a fast cost effective method of dealing with Japanese Knotweed Infestations. The constraints to this methodology are site size, water levels and area of development. Within the cell burial programme a pit is dug and lined with a geotextile membrane. All joints within the cell are welded closed. The Japanese Knotweed is then excavated under the direction of a highly experienced ECS clerk of works. This is then capped with a cover of geotextile membrane and welded shut, thus creating “The Cell”. A cover of soil is then placed on top of the cell to a depth of approximately 2 metres. This solution is perfect for areas of sites that are not to be piled or built on. Historically clients have built car parks on top of the cells. This Japanese Knotweed control method is covered by the ECS 10 year insurance backed guarantee.
Remove Japanese Knotweed - On-site Translocation
Soil can be excavated from the contaminated area and moved to a more convenient area on the site where it can be stockpiled on a geo-textile membrane where the Japanese Knotweedcan be allowed to grow normally then herbicidally treated. Once eradication has been completed the soil can then be reintroduced and used normally on the site. This method reduces the environmental and economic problems of the dig and dump strategy.
Japanese Knotweed - Stem Injection
Unlike traditional Japanese Knotweed herbicidal treatment methods which are applied to the surface of the leaves of the plant, stem injection targets the application of a controlled quantity of herbicide directly into the core of the plant. This direct targeting of the herbicidal application enables stem injection to be the least insidious method of eradication of Japanese Knotweed.
Stem injection is not weather dependant - traditional spraying methods are severely compromised by weather conditions and can not be applied during heavy winds or rain.
Stem injection can 100% be safely applied in an area where TPO’s (Tree Preservation Orders) have been issued - traditional spraying and mechanical removal methods are not suitable, and will result in severe damage.
Stem injection has no impact on any surrounding vegetation or wildlife– traditional spraying methods will cause damage to any surrounding vegetation and can cause harm to local wildlife.
Stem injection is accepted and authorised by the E.A. to use on organic approved farms, without causing the loss of their organic status. Due to the labour intensiveness of stem injecting it is really on used on smaller sites or site that carry environmental issues for example water courses and TPO's.

Eco Control are specialists in the treatment of invasive weeds, invasive weed control, Japanese knotweed eradication and Japanese knotweed control and management solutions.

Tuesday, 1 September 2015

Transparency and Disclosure Requirements in respect of Referral Fees in Conveyancing Transactions

Following the Law Society pushing for a ban on all referral fees for all practice areas, after the ban on referral fees in respect of PI work was approved, the CLC made an application via consultation to the Legal Services Board (in April/May 2013) not to allow an outright ban in terms of referral fees in respect of conveyancing transactions.

The LSB during its research found that by allowing referral fees in conveyancing transactions will be an insignificant risk and there was no real detriment to the client.

However, in approving this, the LSB agreed with CLC in terms of additional disclosure and transparency requirements when dealing with referral fees in conveyancing transactions.

Previously law firms had to advise the client that there was a referral arrangement in place and the amount that would be paid to the referrer/introducer.

However, during its review, the CLC determined that the biggest threat to the consumer interest posed by referral arrangements was the level and timing of information given to consumers.

As a result, the new mandatory transparency and disclosure requirements are that:

Agreements with third-party referrers should be in writing and subject to periodic review (as determined by the firm);
Clients should be informed in writing of the arrangement’s existence no later than when accepting instructions, or when introducing a client to another person;
Clients should be advised they have a choice of provider; and
The client should be informed of the nature of the arrangement (including any payment made), with whom it is made, and any impact (including any legal costs they are charged).

So, what does the requirement of advising clients in terms of the fact that they have a choice of service provider actually entail and what obligations does a conveyance have in discharging this onus and fulfilling this requirement-

The Legal Services Board in making their final decision and whilst delivering their final verdict said :-“Clients must be told how they are affected in monetary and other terms by the arrangement”.They will also be told of “any restriction or limitation affecting the introduction” and of their right to shop around.”

So in other words, if a Firm has arrangements in place with a specific introducer/referrer that will say compel the use of a certain providers in relation to that specific conveyancing transaction, for example, to use a specific search company for instance, then that is part of the restrictions/limitations that the client must be made aware of in the CCL, at client instruction stages.

Ultimately, the client must be advised of any limitations/restrictions, in writing, at client take on stage, in terms of any specific limitations/restrictions/arrangements contained in written referral agreements between the Firm and any Introducer/Referrer, which will affect the client, in any manner whatsoever, during their conveyancing transaction.

For example, a conveyancing firm has an arrangement in place via a Panel Manager for the use of specific providers in a conveyancing transaction, eg, to use a specific search company, then the client must be advised that this is the case and by signing and returning the CCL for instance, the client is accepting this arrangement but the client must be told as they must have the choice whether they wish to go along with it or not.ie: the client makes an informed decision. In this way the conveyancer will be complying with the mandatory outcome of “acting in the best interests of the client”

The Conveyancer does not have to give the client various options in terms of different providers (for eg, different search provider companies)- The obligation is just to advise the client in terms of any specific restrictions/limitations that will either directly/indirectly affect the client because of an already existing referral arrangement. Then the client can choose, after being informed if he/she still wants to go with the existing conveyance (having considered the limitations/restrictions) or if he/she wants to choose an alternative service provider.
Licensed conveyancers will now have three months to comply with the new arrangements.

Loschinee Naidoo – Legal Eye Ltd
12 August 2013

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Monday, 3 August 2015

Major Differences Between the US and UK Legal Systems

April 07, 2014 by Piyali Syam

Attorneys probably already know legal systems in both the U.K. and the U.S. share the same historical common law roots, and are for that reason quite similar. The purpose of this post, though, is to highlight a few of the key divergences in order to give attorneys a sense of how the U.S. and U.K. legal systems differ.

A note on states

Much like the main subdivisions of the U.K. (i.e. England, Wales, Scotland, and Northern Ireland), the states of the U.S. have their own laws, court systems, and bar associations. In the U.S., federal law and court decisions generally take precedence over these state laws and decisions. Powers not granted to the federal government are instead specifically reserved to the states in the U.S. Constitution.

Court systems

Court systems in both countries are quite similar. Minor criminal offenses and small civil disputes are handled by special magistrate courts tasked with resolving such disputes. In the U.S., these are cases for state courts almost exclusively.

More serious crimes and civil cases in both countries are then subject to a three-court hierarchy. In the U.S., at the federal level, criminal cases and civil cases are not heard by separate courts (at the state level, however, many states do have separate court systems for these two types of cases). Cases begin in lower courts (Crown Court in the U.K., District Court in the U.S.), then move on to Courts of Appeals, and are finally resolved in a single Supreme Court, if necessary.

It is important to note that the U.S. does not have a “Tribunal System” as the U.K. does for certain disputes. There are, however, niche courts for certain types of cases (e.g. bankruptcy court is a separate type of federal court). In the U.S., parties may also agree to submit to binding arbitration or mediation as a means of alternative dispute resolution in certain cases. This often provides a less costly, more streamlined, and less adversarial way to conclude conflicts.

Sources of legal authority

Much like courts in the U.K., courts in the U.S. rely mainly on past judicial opinions as authoritative precedent when resolving litigation. In the U.S., these are often referred to as “opinions” or simply “cases,” while the phrase “law report” has become somewhat archaic.

As readers will also likely know, for legislation, the U.S. has two centralized federal bodies, the House of Representatives and the Senate (together, known as the Congress), which are similar to the Houses of Parliament. Each of the 50 states in the U.S. is afforded two senators, while representatives are allocated proportionally based on each state’s population.

In order to become a law in the U.S., a bill under discussion must be approved by a majority of both congressional bodies, and then signed into law by the President. If the President refuses to sign the bill into law, his or her veto can be overridden by a two-thirds majority vote in Congress.

Roles of lawyers

Aside from differences in nomenclature, the roles of lawyers in both countries are quite similar. The terms “barrister” and “solicitor” are not commonly used in the U.S., and litigators and non-litigators are not separately licensed. Instead, once an attorney is admitted to the bar in a particular state, he or she may generally practice any kind of law. For the sake of clarity: court-going barristers are known as “litigators” in the U.S., and solicitors are called “corporate” or “transactional” attorneys, or are referred to in accordance with their area of specialization (e.g., a health care attorney, a real estate attorney, a family law practitioner, etc.).

Legal education

Unlike in the U.K., there is not a requirement to pursue further courses and apprenticeships beyond law school in the U.S. Instead, all prospective lawyers take a three-year course at an accredited law school and receive a Juris Doctor (J.D.) degree upon graduation. Then, students must pass the bar exam in a state of their choosing. After licensure, they may generally practice law in any field of their choosing.

As you can see, the systems are more alike than they are different. Hopefully, this post can serve as a basic guide so that attorneys can get a sense of how the two systems compare.

If you are interested in learning more about U.S. law and how it differs from other countries’ legal systems, consider an LL.M. in U.S. Law.

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Wednesday, 8 July 2015

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