Mar 142013
 

Duncan Harley reflects on Life, the Universe and Everything. A sideways look at the world and its foibles.

SLAPP and the EDF Climb down

I don’t make a habit of visiting fast food outlets although my brother-in law (long deceased investigative journalist and sometime paratrooper) once took me to what I believe was the very first McDonald’s UK establishment based in Woolwich in the autumn of 1974.

It served the same stuff then as it no doubt still sells to an unsuspecting public and I have not been tempted to revisit the experience.

I also learned over the years that the brand and others like it would pursue through the courts anyone using the word McDonald in a business context.

Business Gateway used to deliver a seminar on just this topic although they called it something like “Intellectual Property” on the basis that businesses should be entitled to protect their interests through the courts if necessary. I do not recall if the seminar included the rights of the public but perhaps that was in another module which I missed for some reason.

It seems that some companies are of the opinion that their name is their intellectual property and that no one else is allowed to use it. God help you if you are a McDonald and want to run a business in Scotland! Come to think of it, god help you if you are a Virgin also!

Even using the prefix “Mc” seems to upset the corporate lawyers as the aptly named McMunchies  case showed when in 1996 McDonalds successfully forced a Stratford sandwich shop to drop the trading name of “McMunchies” on the basis that,

“if someone used the Mc prefix, even unintentionally, they were using something that does not belong to them”.

In a 2001 case though McDonald’s lost a nine-year legal action against Frank Yuen, owner of McChina Wok Away, a small chain of Chinese takeaway outlets in London. Justice David Neuberger ruled the McChina name,

“would not cause any confusion among customers and that McDonald’s had no right to the prefix Mc”. 

A win for the small man of course but who would want to have to undergo nine years of litigation just to prove a point?

Then there was the McLibel case where McDonalds took environmental campaigners Helen Steel and Dave Morris to court for distributing leaflets entitled “What’s Wrong with McDonald’s”. The case began in 1990 and lasted nearly eight years with an estimated £10m in legal costs being spent by the corporation with McDonald’s being  awarded £60,000 damages, later reduced to £40,000 by the Court of Appeal. When Steel and Morris announced they had no intention of ever paying, the company decided not to pursue the award.

As the above cases illustrate, the big corporations have lots of time and money to spend defending the brand and silencing opposition and criticism.

This well trodden path is often known as the SLAPP.

A Strategic Lawsuit Against Public Participation (SLAPP) is a lawsuit intended to intimidate and silence critics by burdening them with the cost of a legal defence until they abandon criticism or opposition.

This week EDF Energy abandoned plans to sue a group of climate activists for £5m in damages in respect of Criminal Trespass following a protest by “No Dash for Gas”.

On 29th October, sixteen climate protesters had scaled the chimneys of West Burton gas-fired power station forcing a shutdown of construction on the site. West Burton being one of the first of up to 20 new gas-fired power planned by the Government to meet the UK’s future energy needs.

At first EDF had seemed happy to employ legal SLAPP means to beat down the opposition. However after quite a bit of media coverage they seem to have done a complete about turn.

According to the “No Dash for Gas” media website:

“The record £5m claim against members of No Dash for Gas was described by commentators as “a disgraceful attempt to close down peaceful protest” and “vindictive bullying”, while anti-cuts group UK Uncut and Greenpeace warned that it could change the face of protest in Britain. After three weeks of campaigning and a public outcry, EDF’s lawyers approached the campaigners offering to withdraw the lawsuit before formally surrendering.”

All in all a victory for protest and a lesson for companies who suffer from corporate hubris.

In common with all energy firms EDF Energy are required by UK law to publish figures relating to customer complaints. In its last quarterly report in July, watchdog Consumer Focus found EDF was the most complained about of the energy giants after it was the only one of the six to see an increase in complaints last year.

Scottish Power came out pretty well with 1,359 complaints per hundred thousand customers with npower close behind at 4,001 complaints per hundred thousand customers. EDF had a massive 8,072 complaints per hundred thousand customers.

Do the maths when you shift energy suppliers. The cost per unit is of course important in the short time but you may want to look at customer service and how your chosen supplier deals with environmental and ecological issues.

Plus of course you might also want to support Scottish Power. After all who turns up to fix things when the power goes off?

  • References

http://en.wikipedia.org/wiki/McDonald%27s_legal_cases
http://www.nodashforgas.org.uk/press
http://www.thisismoney.co.uk/money/bills/article-2277423/EDF-Energy-complained-big-gas-electricity-firms.html

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Mar 072013
 

With thanks to Claire McBain.

Last week Learning Opportunities students at Aberdeen College, some of whom are also young carers, raised more than £1,100 when they hosted a pop-up charity shop. The funds will benefit young carer services run by the local charity Voluntary Service Aberdeen (VSA).

The Aberdeen College charity shop will continue to fundraise for young carers until the end of this week, Friday 8th March.

Chris Sojka, Senior Carers’ Support and Development Worker with VSA, said:

 “I’m overwhelmed with the success of just one week in the charity shop. It’s fantastic. The money will go towards a school holiday respite programme, which gives young carers a much-needed break during their time off school. It will also help fund our education support for young carers. This ranges from helping them catch up with homework, to studying for exams, to making sure they get to College if that’s their goal. It’s all about fulfilling aspirations.” 

There are an estimated 2,240 young carers in Aberdeen, and far more that we don’t know about, who try to look after a sick or disabled relative without help.

Fiona Duff, lecturer in the Learning Opportunities department at AberdeenCollege, nominated the cause:

“Some of our students are young carers. I’m overwhelmed with what they do to help their families. It can take a lot for them to get to and stay in College. For students who don’t have direct caring experience, they can easily relate. They may have a friend who cares for someone. If not, they could imagine the situation. It could be them. It could be their brother, sister or cousin.”

“It went very well. We’re delighted with the amount raised: it would take us many weeks to raise that in the College charity shop. The students really enjoyed it and we got a lot of positive customer comments. Considering it’s something we’ve never done before, it went very smoothly.”

Chris added:

“We love to hear about people getting behind our young carers, especially people directly associated with the cause.  We’re so thankful to Aberdeen College for thinking of us.”

“Young carers are a phenomenal group of people, with some as young as five and others juggling Standard Grade study, who experience the struggles of growing up and their caring role. It might feel normal for them but they actually make a very special contribution to the community and their family. VSA’s Chill Out Zone gives them much-needed support, whether it’s respite, help with homework or a chance to have fun and just be a child.”

For more information about VSA’s Carers Services, visit their headquarters at 38 Castle Street, call 01224 212021 or visit the website at www.vsa.org.uk.

Feb 082013
 

With thanks to Claire McBain.

On Sunday 3 February 2013, Voluntary Services Aberdeen launched an appeal for athletic locals to support it at the annual Balmoral Road Races. Budding athletes have been invited to pick which part of the charity they want to fundraise for, from a selection of more than 30 VSA services.

VSA has spaces in both the Conoco Phillips 5k race and the Stena Drilling Tartan 10k.

Debbie Fotheringham, fundraising officer at VSA, is leading the quest for competitors:

“We’re delighted to be part of Run Balmoral again.  This year, we’re passionate about making sure our runners know that they can raise money for something that matters to them.  Asking people to sponsor you is never easy.  But if it’s for something important to you, it’s a million times easier.

“VSA is such a diverse charity.  I think that, for almost every person out there, there’s a service that means something.  We support babies, children, adults with mental health difficulties, children with additional support needs, carers, young carers and older people. 

“You might want to run to raise money to send our hardworking young carers on a well-deserved trip or to buy an iPad so that our older people can Skype their overseas relatives.  You could even run to raise money to buy a goat for VSA’s Easter Anguston Farm in Peterculter.  The list is long and flexible.”  

“Last year we attracted a variety of runners, including me and a colleague.  I’m taking a break this year but I’d love to hear from people of all ages and abilities.  In 2012 we had marathon champions, regular runners and first-timers trying to keep their New Year resolution of getting fit.  But it’s not just about the running.  The Balmoral Road Races is really fun family day out.”

To book a place or to find out more about running for VSA at Run Balmoral, please contact Debbie Fotheringham on 01224 212021 or e-mail Debbie.fotheringham@vsa.org.uk 

Feb 022013
 

With thanks to Claire McBain.

A new facility in Aberdeen, run by VSA, a social care charity that supports more than 2,500 people each year in the city and shire, has launched a plea to local people with unwanted memorabilia and accessories dating back to the sixties, seventies and eighties.

The project, funded by Aberdeen City Council’s Change Fund will be a community-based facility for adults aged over 50 who are cared for at home.  It plans to support around 150 people each week.

Scott MacLeod ( pictured ), manager of the new facility at 22 King’s Gate, Aberdeen, said:

“We’re aiming for a March launch but are just waiting on confirmation from the Care Inspectorate.  We can’t reveal too much until everything’s confirmed. 

“The project has been on the go for months now and we don’t want to jinx it.  But we can say that, as far as we know, there’s nothing else like it Aberdeen.  We’re so excited.

“But this doesn’t mean we can’t start getting organised.  Because it’s a facility for older people, the building and activities within it will be largely based around reminiscence.  We’re looking for a quirky selection of vintage items and hope that the kind-hearted people of Aberdeen can reach out to help us.  We have a wish list but we’re generally really open to anything from the specified eras. 

“We’re also keen to hear from people who want to volunteer their time to support the more vulnerable people in their community.  In particular, we’d love trainee hairdressers or beauticians who can offer a bit of pampering.”

The 22 King’s Gate wish list is based around memorabilia, decorations, wall-hangings and miscellaneous items from 1960s, 1970s and 1980s but specifically includes:

  • Old fashioned projectors
  • Old fashioned clocks
  • Old fashioned tea service
  • Picture books from these eras
  • Traditional scales for measuring sweets
  • Old glass bell jars to hold sweets
  • Vintage taxidermy
  • Wii games, especially keep-fit ones
  • A piano or full-size keyboard
  • Any CDs
  • Any DVDs
  • Any books
  • Games and activities dating from any time period, including current

If you have an item that may be of use to 22 King’s Gate please contact Scott MacLeod on 07720972377 or e-mail scott.macleod@vsa.org.uk

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Dec 212012
 

With thanks to Claire McBain.

Aberdeen’s first festive luxury meat charity auction will benefit social care charity Voluntary Service Aberdeen (VSA) .
On Christmas Eve, Monday 24th December,  Aberdeen butcher Andrew Gordon will host Aberdeen’s first ever luxury meat auction. It’s in aid of VSA, which is the UK’s largest city social care charity, supporting more than 2,500 people in Aberdeen each year.

The event, at Andrew Gordon Butchery and Fine Foods on Chattan Place will see all remaining festive stock in the counters up for grabs.  VSA will benefit from 20 percent of each final auction price.

Andrew said:

 “Anyone who wants to stock up their freezer, create a last minute Christmas banquet or make up a last minute gift should come down to see what’s on offer.  We’ve got free range turkey, Aberdeen Angus beef roasts and lots of other surprises.

 “My auction is all about festive cheer, Christmas, goodwill and giving back to a very worthy cause.  I want to celebrate a fantastic year of food and drink innovation in Aberdeen by giving something back to the community.  VSA is a hardworking charity that transforms lives of young and old people, as well as supporting people with learning difficulties, mental health issues or people who are carers.

“I always try and keep some Christmas stock in reserve and this gives us the chance to completely clear our shelves as we make room for more fresh meat deliveries in the New Year.  Hopefully I can save a roast for myself and my family but also present a welcome donation to VSA.”

The Christmas luxury meat charity auction will take place on 24th December between 5 and 5.30 p.m. at Andrew Gordon Butchery and Fine Foods, 35-37 Chattan Place, Aberdeen, AB10 6RB.

Andrew Gordon Butchery and Fine Foods is an Aberdeen-based butcher shop that specialises in the essence of excellence through sourcing the best quality products and bringing them to customers.

Andrew is also exploring areas of healthier eating with The Food and Health Innovation Service, Scottish Food and Drink Federation, Interface and others.   Specialities include the areas of reduced salt and low fat, and lean produce.

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Nov 302012
 

With thanks to Kathryn Russell.

To mark the United Nations’ International Elimination of Violence Against Women Day, Aberdeen Women’s Alliance (AWA) took to the streets to collect donations for Rape and Abuse Support (RAS).
They also took the opportunity to discuss with city shoppers the recent funding issues experienced by the charity and the importance of the service it provides.

RAS provides support and advocacy to female survivors of sexual violence, whether recent or historical, as well as challenging public attitudes towards rape through outreach work.

AWA chose to fundraise for RAS following news earlier this year that the charity’s Scottish Government funding had been cut by 50%.

Director for the charity and member of AWA, Kathryn Russell stated:

“Despite the weather, we had a great turn out from members of the AWA and were delighted by the generosity of Aberdeen’s Christmas shoppers.

“Sexual violence is a crime which can have a devastating impact, and it is crucial survivors have access to appropriate support and help following a rape or sexual assault. That’s why it’s essential that we retain the important service provided by RAS in the North-east.”

Following fears that the rape crisis centre would have to close after Christmas, RAS successfully raised enough funds to ensure its immediate future. Donations are still required, however, and those wishing to donate can do so at:  http://www.justgiving.com/rapeandabusesupportaberdeen

Nov 302012
 

With thanks to Claire McBain. 

To mark Carers’ Rights Day today (Friday 30 November), when an estimated two million people will have become unpaid carers, supporting someone who is ill, frail or disabled, since 30 November 2011, local charity VSA’s Carers’ Service is determined to educate as many local carers as they can about their rights, before it’s too late.

An estimated £5.3billion  has been wiped from the economy in lost earnings due to people who have dropped out of the workforce to take on unpaid caring responsibilities.

Could more knowledge about carers’ options and benefits prevent informal, unpaid carers having to choose between staying in paid employment and being at home to care?
http://blogs.lse.ac.uk/healthandsocialcare/2012/04/25/dr-linda-pickard-public-expenditure-costs-of-carers-leaving-employment/

Chris Sojka, a carer support worker at VSA, said:

“Living costs are rising, and the UK faces salary freezes and job losses, but for families affected by illness and disability, the situation can be a lot worse. Their struggle can be harder, faced with added costs of caring and lost earnings, as well as the risk of cuts to essential services and benefits. Carers make a huge contribution to society.  It’s about time society gave them something back.”

“On Carers’ Rights Day we want to educate as many local carers as possible about how to get help in tough times. We can point them in the direction of financial help, boost confidence when asking for a helping hand and educate carers on getting the most from technological sources.”

“Earlier this year, we revealed that there are at least 25,000 unpaid carers in Aberdeen city and shire. There are lots more unidentified, who take their role in their stride and don’t realise they’re entitled to support. We want to make life as easy and financially stress-free as possible.”

Carers UK recently revealed the extra costs of ill-health and disability. These families commonly face higher household bills, particularly food and heating. The rise in VAT hits carers hard, often spending more on VAT-rated products such as cleaning materials, detergents, bed clothes and bandages. In addition, Carer’s Allowance is the lowest benefit of its kind and has lost value according to earnings since its creation in the 1970s.

There are nearly six million carers in the country. The Scottish Household Survey, conducted by The Scottish Government in 2010 reported 657,300 carers north of the border, more than 25,000 of which live in Aberdeen City. Within this, there are an estimated 2240 Young Carers in Aberdeen and far more ‘hidden carers’, both adult and child.

Earlier this year, Aberdeen Lord Provost George Adam spoke at a Carers Week lunch. He said:

“We, as a city, can’t hold carers in a high enough regard.  It’s vitally important that we raise awareness of the work they do and highlight the support and representation that is out there for them.”

Aberdeen City Council, VSA Carers’ Service and NHS Grampian will reach out to Aberdeen and Aberdeenshire carers at an information point at Aberdeen Indoor Market on Friday 30 November between 11am-3pm, offering information and advice about carers’ rights.

VSA will also host an information session at Horizons Rehabilitation Centre, 2 Eday Walk, Summerhill, Aberdeen about Telecare, how it can help carers and the people they care for. To find out more about equipment available, such as fall, heat and flood detectors, bed and chair sensors, book a place by calling 01224 212021 or e-mail carers.info@vsa.org.uk

For more information about VSA Carers Services, visit our headquarters at 38 Castle Street, call 01224 212021, visit our website at www.vsa.org.uk/carers or e-mail carers.info@vsa.org.uk

Nov 302012
 

With thanks to Claire McBain.

This week, Voluntary Services Aberdeen (VSA), the UK’s largest city social care charity, took positive steps to combat a predicted downward recruitment trend by extending opportunities to a new generation of care workers.

VSA’s month-long effort culminating in a recruitment day on 29 November, to attract new blood into employment in older peoples’ services, mental health services and Linn Moor School.

The service, which employs around 500 people, both full and part-time, hosted recruitment stands and mini-interviews at Union Square and VSA’s Castle Street headquarters.

Earlier this week Marjory Moran, VSA Director of Services for Older People , told Aberdeen Voice:

“We’ve looked to the future of Aberdeen’s recruitment market and predict a serious lack of care workers. Qualified support staff are aging and it’s difficult to get more due to Aberdeen’s economic bubble. A huge pool of resources goes into oil and gas. Saying that, we’re obviously very grateful for this energy bubble, as many oil and gas giants support their communities through VSA.

“We want to increase the pool of staff for VSA and the industry as a whole by pioneering the idea that anyone can do it. Whatever your skills, there’s a place for you. Obviously we love hearing from qualified support workers but regardless of job history, if you have the life skills, we’ll provide the training and qualifications. Who else will provide the next set of qualified care staff if we don’t get them on the career ladder?”

Jacqui Sharp (pictured), a senior support worker at VSA’s Westerton Crescent, emphasised the care worker time bomb:

“I should have retired four years ago. But I love my job. I’m forcing myself to retire next year though.”

Marjory continued:

“You don’t need a care-related qualification to apply to VSA. There are major career progression opportunities here. We want to hear from naturally compassionate people who can leverage their personal caring experience, like bringing up children, caring for a disabled relative or looking after an ill friend, to get into social care.

“VSA looks after more than 2500 people in Aberdeen and Aberdeenshire. Over the years, it’s branched out to provide support it couldn’t before. We need to secure staff now to make sure we can keep this up in future. It’s all about caring for the community you live in.”

Ex-hairdresser Sarah Taylor, support worker at VSA’s Arrdeir House, is part of a new generation of support workers:

I’d always wanted to care for people but assumed you needed a qualification. I didn’t think companies would give you a chance and train you  But seven years later, after studying and working in hairdressing, I found VSA and started work with absolutely no training in care. I’m doing my SVQ and studying other modules to progress my career. It’s the best move I ever made. I should have done it years ago.’

“I was used to building relationships with clients so took my social skills with me. But I was surprised to realise that my hair and beauty abilities have been useful too. I’ve started hosting therapeutic nights for the service users. It makes them feel pampered without travelling far or spending money. And for me, it’s a good, different way of having one-to-one time with them.”

VSA has created city-wide vacancies after completing a two-year plan to improve its service.

For more information or to apply for a position:

www.vsa.org.uk/jobs
e-mail: HR@vsa.org.uk
Tel: 01224 358589

Nov 262012
 

With thanks to Claire McBain.

Local charity VSA’s Easter Anguston Farm, a Peterculter-based visitor attraction that offers vocational training and support to adults with learning difficulties, is urging its local community in Peterculter, Aberdeen and Aberdeenshire to get behind its Ruby Doo, St Andrew’s Day ceilidh, to mark the farm’s 40th anniversary.

The Ruby Doo takes place at the Culter Mills Club, Peterculter, on Friday 30 November when Easter Anguston Farm will host an evening of live music from Dark Island, with ceilidh dancing and stovies.

While staff and service users from Easter Anguston Farm and VSA in general will attend, farm operations manager Fiona Davidson is encouraging the wider community to get involved.

Fiona said:

“Easter Anguston has been welcoming people from Aberdeen and Aberdeenshire for 40 years, as visitors to the farm and as working trainees. Friday night will be an amazing celebration of how far we’ve come. It was established to give students from VSA’s Linn Moor School support and sheltered employment after their school years. But the farm and its service users have changed dramatically. Now, we’re open to anyone in the North-east and employ from as far afield as Moray, Angus and Falkirk.

“The farm’s purpose has evolved too. In recent years, the introduction of nature trails, a children’s play area, farm shop, garden centre and café, has turned Easter Anguston into a tourist hotspot, popular with families with young children, school groups and older visitors.

“But our purpose remains solid forty years on. We want to develop our trainees to the point that they can secure work in the sometimes scary job market. We work on personal skills and social skills but also help develop expertise in agriculture and land-based work.

“Friday will be a fun night in aid of a really worthwhile cause with our endlessly enthusiastic service users getting everyone in the party spirit.”

The Ruby Doo takes place on Friday 30 November, 7.30pm-midnight at the Culter Mills Club, Peterculter.

Tickets cost £12.50 per person, £10 for concessions and can be obtained by calling 01224 212021 or e-mailing fundraising@vsa.org.uk

For more information about VSA’s Easter Anguston Farm, contact Fiona Davidson on 01224 733627.

Nov 162012
 

A Charity Race Night will be held in The New Greentrees pub, Dyce on Friday 23rd November to raise funds for Future Choices.  With thanks to Aaron McIntosh

Future Choices celebrates its 5th birthday in 2013, having provided the disabled community with social interaction throughout this time. The services now offered range from arts and crafts to sports games, alternative therapy and singing.

The charity is about to open a new office where it can build on current success and hopefully provide more classes in the near future.

Sixteen year old Aaron McIntosh, Future Choices’ Chief Fundraiser told Aberdeen voice:

“The charity helps the disabled community gain much needed social inclusion and recreational activities.”

Key to social inclusion is the recent purchase of a minibus enabling members to travel safely and attend organised events and activities, as well as carrying out tasks that able bodied people take for granted.

Several months ago the charity launched an appeal called Cash For Cans which successfully raised the cost of the minibus. Funding the upkeep of the vehicle has been more problematic, however.

As Aaron explained:

“We were struggling financially a while ago then we launched ‘Cash For Cans,’ asking members of the public for their empty used drink cans which we then exchanged for cash. 

“That gave us the financial backing to go and buy a bus and then keep the appeal going to fund the maintenance, but due to the decline in metal price, we had to sadly terminate the appeal.

“My job as Chief Fundraiser for the charity is too raise as much money as possible, which is why we’re putting on a Charity Race Night.

“Everyone loves giving, especially at this time of year, and having a flutter and a boogie along with a raffle makes a cold evening joyful as the money raised helps the people who need it most.”

For those who haven’t been to a Charity Race Night, they are exciting events which give members of the public the opportunity to place a small bet on a filmed horse race, with a percentage of the winnings going to the charity in question – in this case, Future Choices.

The event will be held in The New Greentrees pub, Dyce on Friday 23 November from 19.30pm until midnight, with tickets £7 per person. There will also be stovies, a raffle and disco.

To buy tickets, please contact Aaron directly on 07591 598480