PCA G7 Senior Arbitration Lawyer

Recruiter
Department for Business Energy & Industrial Strategy
Location
West Midlands
Salary
Competitive
Posted
05 Jul 2017
Expires
26 Jul 2017
Sector
Legal
Contract Type
Temporary
Pubs Code Adjudicator - G7 senior arbitration lawyer
This is a rare opportunity to take up a new post as senior arbitration lawyer in the high profile, pioneering Office of the Pubs Code Adjudicator close to the start of its life. It will suit an experienced litigator or caseworker looking to expand their legal advisory skills in a new regulatory and advisory context.
You will have the opportunity to influence the core functions of the Pubs Code Adjudicator as it develops its new regulatory role, gaining significant legal experience across the litigation and advisory spectrum, including leading on a cost effective arbitration service, as well as gaining excellent exposure to the high profile pub sector, which generates strong media and political interest.
About the Pubs Code Adjudicator
The Pubs Code Adjudicator (PCA) is a new role established by the Small Business, Enterprise and Employment Act 2015. Paul Newby took up post in May 2016 to establish a new office to enforce the statutory Pubs Code (the Code) which came into force in July 2016. The Code regulates the relationship between large pub-owning businesses and their tied tenants (a tied tenant is someone who is obliged to buy at least some of their alcohol from their landlord, or other products or services, usually in return for a reduced rent). The PCA is independent, with powers to arbitrate individual disputes and investigate suspected breaches of the Code. The Code applies to pub-owning businesses who own 500 or more tied pubs, which at present captures 6 companies (Admiral Taverns Ltd, EiGroup, Greene King PLC, Marston's PLC, Punch Taverns PLC and Star Pubs and Bars (Heineken UK)) and their tenants (approximately 12,000 tenants). The Code applies to tied pubs in England and Wales only.

The duties of the PCA are to:
• Arbitrate disputes between a tied tenant and a pub-owning company arising out of the Code. This may include arbitrations concerning the right to ask to go free of tie - the market rent only option.
• Investigate suspected breaches of the Code in line with its statutory guidance and consider which, if any, enforcement measures should be taken if a breach is found to have occurred.
Report to the Secretary of State on unfair business practice.
• Recommend to the Secretary of State the amount of levy to be paid by pub-owning companies each year
• Prepare and publish an annual report of the Adjudicator's activities and prepare an annual statement of accounts for audit by the Comptroller and Auditor General, both will be laid before Parliament by the Secretary of State

About the job

You will have the opportunity to influence the office in the development of its new regulatory functions, leading on the advice to the Pubs Code Adjudicator (PCA) in relation to his arbitration functions under the new statutory framework. This post provides the opportunity to gain significant legal experience across the advisory and litigation legal landscape in areas of both public and private law. There may also be an opportunity to develop further skills in supporting the PCA in its investigatory functions over time. Line management responsibility is available for the right candidate.

You will be part of a small and friendly team supporting the PCA to carry out his duties to arbitrate disputes in accordance with his statutory duties.

As the senior arbitration lawyer you will work closely with the Head of Legal (an experienced lawyer from the Government Legal Service), advising and leading arbitration case workers, and as necessary, external legal advisers. You will provide advice direct to the PCA on all legal aspects of arbitration cases referred to the PCA. You will play a key role on interpreting this new and intellectually stimulating area of law. You will lead on innovative development of statutory arbitrations in a public law context, gaining significant experience in a litigation and advisory context in an area that is fast paced with significant Political and media interest.

Previous litigation and/or arbitration experience would be advantageous. No previous experience is required of the Pubs Code and training will be provided.

Professional Qualifications

Applicants must be (or about to become) qualified to practise as a Solicitor, Barrister or Chartered Legal Executive in England and Wales. You must have completed a training contract/pupillage/qualifying employment, or have been exempted from this by the Law Society, the Bar Council or CILEx. Applicants qualified in a jurisdiction outside England and Wales will be required to undertake the Qualified Lawyers Transfer Scheme within 12 months of appointment. The PCA will not meet the cost.

We also welcome applications from those who expect to qualify shortly.

Person specification

This is an exciting and fast moving role which will suit someone looking to develop their legal skills set in both the litigation and advisory context. It will require case management skills, statutory interpretation skills in a new and technical area of law and cost effective service provision. It will require someone who can gain the trust of, and work with, people at all levels of seniority, up to and including the Director General level.
This post will suit someone who:
• is a self-starter who can work on their own initiative and is comfortable taking decisions
• has a proven ability to manage and effectively prioritise a busy and diverse litigation workload, delivering high-quality work on time
• is a confident verbal and written communicator in a range of settings, including in commercial and politically sensitive environments
• is able to get up to speed and interpret new areas of law quickly and provide accurate and timely legal advice on case management to support the PCA's arbitration functions
• has experience of, or an aptitude for, effective people management (for people seeking line management responsibilities)

Responsibilities
• Provide impartial, effective and quality advice to the PCA on arbitration cases
• Develop consistent and effective interpretation of a new area of law, which is robust against legal challenge
• Advise on all legal aspects of arbitration case management and preparation, including in relation to case management conferences and oral hearings, as required
• Discuss and share best practice to ensure lessons are learned from complaints, including developing PCA Advice to appropriate stakeholders on PCA views arising out of arbitration cases
• Contribute to the wider functioning of the PCA office as appropriate

Competencies
We'll assess you against these competencies during the selection process:
Making effective decisions Managing a quality service Collaborating and partnering Delivering at pace Leading and communicating Civil Service Competency Framework

Benefits

Pensions
Civil Service pension schemes may be available for successful candidates.

Things you need to know

Security
Successful candidates must pass basic security checks .

Nationality statement
Candidates will be subject to UK immigration requirements as well as Civil Service nationality rules .

If you're applying for a role requiring security clearance please be aware that foreign or dual nationality is not an automatic bar. However certain posts may have restrictions which could affect those who do not have sole British nationality or who have personal connections with certain countries outside the UK.

Selection process details
When applying the candidate will be required to supply a personal statement using the essential criteria listed below

Professional Legal Skills:
Good understanding of litigation, arbitration and/or dispute resolution processes.
• Sound understanding of public law
• Reliable legal judgement and appreciation of legal risk
• The ability to think strategically and creatively, see legal issues in their wider context and advise accordingly
• Sound analysis, using secure legal research to produce timely and fit for purpose advice
• The ability to communicate advice effectively both in writing and orally

Feedback will only be provided if you attend an interview or assessment.

Nationality requirements
Open to UK, Commonwealth and European Economic Area (EEA) and certain non EEA nationals. Further information on whether you are able to apply is available here .

Eligibility
Candidates in their probationary period are not eligible to apply for vacancies within this department.

Working for the Civil Service
The Civil Service Code sets out the standards of behaviour expected of civil servants.

We recruit by merit on the basis of fair and open competition, as outlined in the Civil Service Commission's recruitment principles .

The Civil Service embraces diversity and promotes equality of opportunity. There is a guaranteed interview scheme (GIS) for candidates with disabilities who meet the minimum selection criteria.

Salary: . Date posted: 04/07/2017

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