LEGAL VIEW
6 FEBRUARY 2022
LANDSEC JOINS THE CUBE COMPETITION
TO TACKLE BUILDING ENERGY USE
Landsec has become the latest
participant to sign up to the
UK-wide CUBE Competition,
designed to help landlords,
building managers and occupiers
improve energy e iciency in
their commercial buildings
through gamification and
behavioural change.
The UK real estate company
has entered three of its buildings
as part of the competition,
including One New Change, 80-100 Victoria Street and New Street Square, all in
London. The buildings are owned and managed by Landsec, who will collaborate
with its occupiers, across a combined 1.5m sq. … .
Landsec’s involvement in the competition aligns with the announcement of its
£135 million net zero transition investment plan at the end of last year, set up to
help the Group achieve its 2030 science-based target and drive its transition to
net zero.
The nine-year investment plan will support Landsec’s decarbonisation plans
through reducing operational energy use and moving to cleaner sources of
energy. Importantly, this along with its participation in the CUBE competition,
will drive innovation and best practice across the wider industry – changing
behaviours and encouraging better understanding of how to drive down energy
consumption.
Once the competition begins in March, the participants will be ranked
monthly to decide which building has registered the largest energy reduction in
percentage terms, measured against their own historic baseline of energy usage.
HOW TO AVOID GOING TO
COURT WHEN YOU ARE GOING
THROUGH A DISPUTE
By Pauline Lépissier, Solicitor at law fi rm
Devonshires
Disputes are unfortunately fairly common in any type of business
and facilities management is no exception. Over the years I have
dealt with many disputes for FM companies but there is one piece
of advice I always adhere to – try to settle your disagreement
without resorting to the nuclear option of going to court.
Why avoid litigation? Put simply it’s expensive, time consuming,
public and adversarial. Costs are very signifi cant when you go to
court and there is the danger of having to pay the other side’s
costs if you lose. It takes up valuable employee time gathering
evidence and the whole process can last several years.
Finally, the adversarial nature of trials mean they focus on the
diff erences between the sides rather than fi nding a resolution.
When you may have to continue working with the other side for
the length of the contract it is always best to keep the hostilities
to a minimum and resolve the dispute early.
How do you avoid a court battle? Fortunately, there are several
ways of avoiding court through alternative dispute resolution
(ADR). One thing that people do not necessarily realise is
that informal ADR happens all the time when parties have a
disagreement: they discuss it and see if a resolution can be found.
This is always your best starting point.
Most disputes in FM involve contracts, so it is generally a good
idea to get some legal advice fi rst to make sure you understand
your position and don’t inadvertently admit liability or say
something that can hurt your case later. Negotiations with the
other party are often best done without prejudice basis, meaning
that whatever is said can’t be used against you in court.
If informal discussions are unsuccessful in resolving the dispute
there are several options available:
Early Neutral Evaluation (ENE) – This is a process where both
parties appoint an independent person, often a former judge, who
will assess the documents and say what they think the outcome
would be if the case went to court. The decision isn’t binding, but
it is quick and cheap and gives both parties a good idea about the
strength of their arguments.
Expert Determination – This is similar to ENE but is binding and
often used to resolve technical disputes (such as whether an asset
was installed or maintained correctly).
Mediation - This can happen before or at any stage in court
proceedings and is a useful tool for getting a resolution. I have
seen many successful outcomes through mediation of disputes
that were seemingly deadlocked. A third party is appointed, often
a senior QC or judge, whose job it is to fi nd a resolution that both
parties are happy with in the course of confi dential discussions.
The parties retain control as to whether or not to settle. One
of the benefi ts of mediation is that you can agree things in
the settlement that you would never be able to get in a court
judgment. Court judgments largely only determine liability and its
monetary consequences.
Adjudication – Generally used in construction disputes,
adjudication is known as a ‘rough and ready remedy’ as it is so
quick – a reasoned decision can be obtained in as little as 28 days.
An adjudicator makes a judgment that is interim binding – so
it is binding unless the matter goes to court or arbitration. The
advantage of this method is that it keeps legal costs down, but the
rush can lead to injustice.
Arbitration – This used to be the main alternative to going to
court but over time it has become just as time consuming and
costly. Both parties agree the rules beforehand. It is still often
used for international disputes. The main advantage is the
confi dentiality of arbitral proceedings.
Overall, it is always advisable to try and resolve any disputes
before they get to court. With all of the options available to avoid
court, there should be one suitable for any dispute you may have.
www.devonshires.com
SODEXO LAUNCHES HEALTH AND
WELLBEING INITIATIVE TO SUPPORT
UK MILITARY PERSONNEL
Sodexo has launched Mindful Active, an educational tool that provides holistic
health and wellbeing guidance for UK military personnel.
Launched by Sodexo at Her
Majesty’s Naval Base (HMNB)
in Portsmouth, Mindful
Active has been developed
using Sodexo’s own client
and customer insight and
influenced by the MoD’s
own insight, such as the UK
Armed Forces Continuous
Attitudes Survey (UKAFCA),
to understand the challenges
faced by the UK military
community.
Designed primarily for physically active personnel, the content is still relevant for
what is considered to be the whole force; not only serving military personnel but also
partners and civilians who live, work and visit the base.
Mindful Active is accessible at home and at work and provides nutritional
information, wellbeing signposting, recipes, and cooking advice. It has been built on
four pillars – Fuel, Focus, Perform, Restore - each designed for body and mind.
Mindful Active forms the new approach to catering. Throughout the base Mindful
Active messages, tips and guidance are communicated and made available online via
a smart phone app, empowering customers to make informed lifestyle choices with
ease.
Holistic mental health guidance is also available with everything from simple tips
through to links to professional advice and services, helping users learn how to
manage stress and discover relaxation techniques.
NEWS & ANALYSIS FMJ.CO.UK
/www.devonshires.com
