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22 April 2010 / Malcolm Dowden
Issue: 7414 / Categories: Features , Property
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Out in the cold

Energy performance certificates—ignored or disregarded? asks Malcolm Dowden

Since October 2008, Energy performance certificates (EPCs) have been required whenever a commercial building is built, sold or rented out. For houses and flats, the EPC regime took effect in 2007. A building needs an EPC if it has a roof and walls and uses energy (heating, air conditioning or mechanical ventilation) to “condition an indoor climate”.

Compliance and enforcement

A monthly index, run by National Energy Services (NES) and Building.co.uk monitors how many commercial buildings currently being marketed have a valid EPC. The sample for February 2010 covered 1,084 buildings in Cumbria, Buckinghamshire, East Sussex and Leicester with a floor area in excess of 50m2 and included buildings which had been on the market for at least six months. Only 39% of the properties investigated were compliant.
The index provides empirical support for concerns raised in the House of Lords by Lord Dixon-Smith who, in July 2009, referred to “almost total ignorance or disregard of the need for energy performance certificates in the commercial sector”.

Having

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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