INTERNATIONAL
TM
Newsletter SPRING 2013
UNITED KINGDOM CHAPTER 208
ASIS INTERNATIONAL NEWSLETTER OF THE YEAR 2012! Those of you who know me realise that I am not above a bit of shameless selfpromotion, so here goes! The Chapter 208 Newsletter has recently been awarded the ASIS International Newsletter of the Year Award for 2012. This is divided into groups and we won in Group 6, which contains the largest chapters. As you will see above we have won awards in 5 of the last 10 years. I started working on the Newsletter with Charlie Thompson as editor before taking on the editorship in August 2006. I am assisted, as was Charlie, by Helene Carlsson and also by our dashing Vice Chairman-abouttown Graham Bassett Regular Media Committee meetings at Helene’s house where she would prepare us a lunch of moose salami (she’s Swedish!) helped us restyle and revamp the Newsletter, which was already an award-
winning one. Graham particularly enjoyed the trips to cosmopolitan West London before making the trek back to Whitechapel. We try to include a mix of articles — some recognising the achievements of members, particularly those achieving their CPP, PSP and PCI certifications, others of more general interest to the security professional.
We attempt to publicise ASIS events and conferences globally and welcome case studies and thought leadership pieces from members and non members alike. The Newsletter is not cheap to produce, or to post, but we feel that it is a key communication
tool which allows us to communicate with the Chapter 208 membership which, in this our 20th anniversary year, has almost reached 800. Hopefully this will increase in 2013. We have a busy year ahead with three more UK conferences, our birthday party and participation in many industry events, and whilst we would like to see all the members at some time during the year we will report back for those who we don’t. So to finish, many thanks to Helene and Graham; to Matt Jarvis at ProActiv for making it look nice; to our regular and occasional contributors; our sponsors and advertisers (we could always do with a couple more); our members and the Awards Committee for the recognition. Thanks.
Mike Hurst, Editor and Chapter Vice Chairman
CHAIRMAN’S NOTES
Chairman’s notes hen I look at the makeup of our membership we have some incredibly talented individuals and a relatively untapped wealth of experience and knowledge. Unfortunately that unique knowledge and experience is being ignored by training organisations, professional bodies and universities specialising in security related diplomas and degrees. The UK Chapter has already demonstrated, with great success, that they are more than capable of fielding a project team to write the new Asset Protection manual which has been adopted by the US Homeland Security Department. It is my aim to drive forward the recognition of the combined talent of our members by working with my academic colleague Allison Wylde and a selected project team. Due to a number of personal issues, not least being made redundant, I apologise to our membership as Chairman for taking my foot off the gas but I can assure you it is well and truly back on with a heavy leaded diving boot attached. It is all system go for the remainder of my tenure as your chairman. We have had an incredible Heroes’ Tribute raising money for Police Charities thanks to the tenacity and networking approach applied by Andy Williams CPP and Crawford Chalmers CPP. I thank all of
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you that attended and supported this very worthwhile event. This is followed, once the weather warms up a bit, by our chapter’s 20th birthday bash which is an event not to Mike Alexander be missed. It will be a golden opportunity to bring together members old and new mixed with a few VIPs and invited members of sister organisations. Thanks to Mike and Graham we will again have a presence at the various security industry related exhibitions and events being held this year and we would welcome and be very grateful to anyone who can spare the time to work on our stands to provide visitors with an insight into ASIS and encourage them to become members. ASIS UK is now a licensee for the Register of Chartered Security Professionals and I would encourage anyone who meets the criteria to apply through Jude initially. There will be changes made to the process but that’s for the future. Finally, anyone who has any ideas that they believe would benefit the Chapter, I would encourage you to approach either myself, Mike H or Graham we are open to ideas.
Mike Alexander, Chairman ASIS UK Chapter We were delighted to welcome some international guests at our Spring Seminar. 208 Member John Murphy CPP PSP of State Street Bank, who hosted our AGM in 2012, invited State Street Colleagues Joe Nelson (Boston Chapter) and Finbarr McCarthy (Ireland Chapter) to attend the meeting to see how we do it over here. We welcome international members, so if you have colleagues from other chapters visiting, please bring them along to a meeting.
5th Middle East Conference & Exhibition – February 16-18, 2014 Dubai, UAE
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DIARY
Diary of Events 2013 April 24th – 25th
Counter Terror Expo, Olympia
INSIDE THIS ISSUE: Chairman’s Notes
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Diary
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Quarter of a Century of Service 3
May 8th – 9th 13th – 16th June 4th 12th
ASIS NYC Security Conference and Expo IFSEC, Birmingham
WCoSP Masters Instilation Lunch ASIS UK Chapter 208 Summer Meeting and Birthday Party ASC Annual Awards Lunch Security Institute Annual Conference and Dinner
13th 19th
ASIS Chapter Heroes Tribute
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Venezuela and Latin America
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Ministerial Visit for ASIS Supporter 7 ASIS Europe – Who’s Who
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How good is your Security?
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Social Media
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Legal Update
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Oops
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ASIS Chapter Spring Meeting
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ESSENTIAL INFORMATION JOINT EDITOR – Helene Carlsson (07802 864485). helene.carlsson@btinternet.com
July 4th
Security Institute Dixie Queen
September 11th 24th – 27th
October 3rd November 15th 29th December 3rd – 5th 11th
ASIS UK Chapter 208 Autumn Meeting 59th ASIS International Seminar and Exhibits, Chicago
JOINT EDITOR – Mike Hurst (0845 644 6893) mike@hja.co.uk ADVERTISING – Graham Bassett (07961 123763); graham@gbruk.com Chapter Executive Officer – Jude Awdry, ASIS UK Chapter 208, PO Box 208, Princes Risborough, HP27 0YR. Tel: 01494 488599; Fax: 01494 488590; info@asis.org.uk MEMBERSHIP ENQUIRIES – Nigel Flower, CPP (01276 684709 nigelflower@msn.com)
ASC CONSEC, Solihull
ASC Masterclass ASC House of Lords Dinner
ASIS Asis-Pac Conference, Macau, China ASIS UK Chapter 208 Winter Meeting and AGM
If you know of an event that you feel should feature in our calendar, please contact the editor, Mike Hurst. Mike@hja.co.uk
PUBLISHERS – The 208 Newsletter is published by Chapter 208 of ASIS International. FREQUENCY – The 208 Newsletter is published four times per year, Spring, Summer, Autumn & Winter – please contact the editorial team for deadlines. IN GENERAL – The 208 Newsletter welcomes articles & photographs, but while every care is taken, cannot be held responsible for any loss or damage incurred while in transit or in our possession. Please send all material to the editors. The Newsletter may publish articles in which the views expressed by the author(s) are not necessarily those of ASIS. ISSN N0 – 1350-4045
Quarter of a Century of Service Graham Bassett, Chapter 208, Vice Chairman ASIS member Angus Watts has just notched up his 25th year of membership. In recognition, Gus received a personal letter of congratulations, certificate and 25 year pin from ASIS International Chief Executive Officer, Michael Stack (he will
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also be added to the prestigious ASIS Quarter Century Club). Gus’s commitment, contribution and loyalty to the security profession over the years is commendable. I’m sure I speak on behalf of the Chapter in offering our congratulations and best wishes for his next quarter century.
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HEROES’ TRIBUTE
ASIS UK HEROES’ TRIBUTE – 22 MARCH
Writing this the day after the event we don’t know exactly how much we have raised, but it is well in excess of the £10,000 we raised at the last big charity event.
into organising this event. Then thanks to Nomura for hosting us and donating some great auction prizes. Global Aware International and Ultimate Security Services sponsored the event, ensuring that all the monies raised from ticket sales, the auction and the raffle went straight to the charities.
Firstly thanks to Crawford Chalmers CPP and Andy Williams CPP for the enormous amount of work they put
We had some staggering prizes donated and some equally staggering amounts bid at the
This year we decided to support two Police charities, the Metropolitan and City Police Orphans’ Fund and the Police Dependants’ Trust.
MIKE HURST
auction, run by the shy, retiring Andy Bignold. We raised £1,000 for the raffle as well. Thank you to Lord Imbert, Commissioner Leppard and Commander Chance from CoLP and the representatives from the charities. Lastly thanks to the 119 people who booked to attend the event. A great evening all round.
Event Organisers Andy Williams CPP and Crawford Chalmers CPP
Glen Smyth, Metropolitan and City Police Orphans’ Fund
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Gemma Pettman, Police Dependents’ Trust
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HEROES’ TRIBUTE
Graham Bassett, Commissioner Adrian Leppard (CoLP), Mike Hurst, Commander Wayne Chance (CoLP)
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METAL THEFT
Venezuela, and Latin America, Without Chavez - by Marco Vicenzino Event Organisers Andy Williams CPP and Without its chief protagonist, Chavismo will ultimately wither away over time. However, several factors will determine the pace of deChavezation. Furthermore, a certain legacy will endure, specifically social sector programs. Although they may be amended, their continuity will largely prevail. During the 2012 presidential election, even opposition candidate Henrique Capriles acknowledged this. Like other regional democracies such as Brazil, Venezuela can develop a responsible social sector within the context of an open society without political repression, intimidation and polarization. De-politicizing the use of petrodollars through greater accountability and transparency can guarantee more broad-based benefits across the socio-economic spectrum. Should Chavista forces win an eventual post-Chavez snapelection the potential for a longer generational transformation increases. An initial show of unity would prevail, particularly during any mourning period. Furthermore, attempts would be made to implement more radical measures. However, existing factionalism would eventually manifest itself in varying forms. In the absence of its unifying figure, Chavismo will unravel over time. The ideology based on the cult of personality of a single individual has largely run its course. It is veering toward bankruptcy, both ideologically and economically. Much is now based on traditional raw power and political patronage. It is struggling to maintain its largesse to supporters at home
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and throughout Latin America. In the long-term, Chavismo is simply unsustainable. It not only bites the hand that feeds Venezuela but devours it completely.
Baathification process could risk triggering a radical reaction and further destabilizing a fragile environment. Overall, a more balanced but firm approach is required according to institution.
A victory by the opposition in a post-Chavez snap election could jump-start transformation. A new foreign policy reflecting Venezuela's national interests would take priority, not the ideological convictions of one person. Many of Chavez's dependants throughout Latin
At PDVSA, Venezuela's state oil company, swift change is required due to severe incompetence and mismanagement. PDVSA remains Venezuela's backbone. Productivity and efficiency must be restored through qualified apolitical technocrats. A resultsoriented top-down approach must be instilled. Economic reality and national survival demand it.
America would experience a rude awakening. However, on the domestic front, a long and arduous road would mark change. It will not occur overnight. Barring a Chavista coup or refusal to renounce power, political opening would ensue. Cessation of human rights abuses, curtailing intimidation and repression, and restoring complete press freedoms would trigger further change.
Venezuela's military enjoys privileged status with considerable benefits. A politically neutral figure who commands respect across the military spectrum is required as defence minister. Over time, reform is needed to restore greater accountability to civilian leaders. In particular, gradual transformation of the officer corps will be required. They are stacked with die-hard Chavista loyalists.
However, just as Chavistas are prone to factionalism, the opposition is not immune. Over the past year, Henrique Capriles has led unprecedented opposition unity. It remains indispensable to de-Chavezation and accelerating its waning. The greatest resistance would be posed by institutionalized Chavismo dominating the principal instruments of state power. Attempting an all-out purge through an Iraqi-style de-
Marco Vicenzino (msv@globalsp.org) heads Global Strategy Project, a geo-political risk advisory firm
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PROFESSIONAL CERTIFICATION
Certain institutions will require enlargement and the appointment of new figures to implement change. The Chavista-dominated judiciary will certainly attempt to hamper deChavezation through legal stonewalling. Altering the composition of courts and increasing the number of qualified apolitical judicial appointees would guarantee
greater objectivity in the legal process. Furthermore, inserting nonChavista officials in state election authorities will secure a more level playing field in the electoral process. Also, appointing new heads to state media and removing constraints on private media would also accelerate the process of change.
National reconciliation will require an inclusive, give-andtake approach of inducing many through incentives. Retribution must be avoided except for the most serious offenders. Overall, generational transformation will eventually prevail but certain Chavista elements will take longer to wither away.
Ministerial Visit for ASIS Supporter ASIS Member Chris Nyland was delighted that during a visit to Essex, Lord Stephen Green of Hurstpierpoint, Minister of State for Trade and Investment attended Hidden Technology's offices in Rayleigh. Hidden Technology have exhibited at ASIS UK events previously. Lord Green, accompanied by Denise Rossiter, CEO of Essex Chambers of Commerce, Robert Leng, President Essex Chambers of Commerce and Liz Basing, Regional Director - East of England UKTI; were given a presentation and demonstration of Hiddentec tracking equipment to see and hear for themselves how the company has achieved success in the international marketplace. Chris Nyland, International Marketing and Special Projects Director for Hidden Technology, commented "It was a real honour and privilege to host this visit by Lord Green, this personal visit to our company by a man of Lord Green's standing and importance has demonstrated that the UK Government is really active in assisting UK businesses in their export activities"
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Left to Right: Ziggy Matheous, Elton Smith, Lord Green, Chris Nyland
After visiting HTSI's offices, Lord Green attended a private buffet lunch along with HTSI's directors, high-ranking members of Essex Chambers of Commerce, and business leaders from the local area. Hidden Technology would once again like to thank Essex Chambers of Commerce for facilitating this event and further supporting local business.
Special thanks to David Burch, Directory of Policy at Essex Chambers of Commerce, for attending and photographing the event. If any other ASIS members have interesting news stories about themselves or their business we are happy to try to include them in this Newsletter.
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ASIS EUROPE
ASIS Europe Who’s Who
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SRVP group 9
Thomas Vonier CPP
RVP 9a ARVP Netherlands ARVP Ireland United Kingdom Chapter Chair United Kingdom Chapter Vice Chair United Kingdom Chapter Vice Chair United Kingdom Chapter Treasurer Benelux Chapter Chair Ireland Chapter Chair France Chapter Chair
Nicolas Le Saux Erik de Vries CPP Donie O'Callaghan Michael Alexander Graham Bassett Mike Hurst Craig Pickard Erik de Vries CPP John Walsh Eric Davoine
RVP 9b ARVP Finland ARVP Norway ARVP Denmark Norway Chapter Chair Sweden Chapter Chair Finland Chapter Chair Denmark Chapter Chair
Klas Nilsson, CPP, PSP, PCI Risto Haataja (Finland) Roy Stranden, CPP (Norway) Tanya Spencer (Denmark) Thor Martin Bjerki Hans Wermdalen CPP Jere Peltonen CPP, PSP Klaus Hoej Tipsmark
RVP 9c ARVP Italy Spain Chapter Chair Italy Chapter Chair Croatia Chapter Chair Serbia Chapter Chair
Marko Sukilovic, CPP Alessandro Lega CPP Juan Munoz CPP Genseric Cantournet Bernard Topic Perica Miletic
RVP 9d Turkey Chapter Chair Aegean Chapter Chair Tel Aviv, Israel Chapter Chair Romania Chapter Chair
Cengiz Gumustus, CPP Ismail Uzelli Angelos Agrafiotis Asaf Ashkenazi Dan Belai, CPP, PSP
RVP 9e ARVP Germany Austria Chapter Chair Switzerland Chapter Chair Germany Chapter Chair
Hans-Roland Ludwig Stefan Berlin Werner Preining CPP Arnaud Ducrot Oliver Fein
RVP 9f ARVP Russia Czech Republic Chapter Chair Moscow, Russia Chapter Chair Slovakia Chapter Chair Poland Chapter Chair
Radek Havlis, CPP Olesya Abramenko Matej Barta Dmitry Budanov Stanislav Jankovic Sebastian Blazkievicz
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www.asis.org.uk
ASIS EUROPE
ASIS is a volunteer led organisation and whilst much of the work is done by the Chapters there is also a structure of Volunteer Leaders operating strategically across several areas. It is probably just worth mentioning some of the roles and abbreviations. These include Senior Regional Vice Presidents (SRVP) Regional Vice Presidents (RVP) and Assistant Regional Vice Presidents (ARVP) There is also the European Advisory Council (EAC). This structure helps to manage the organisation and represent the
views and interests of the European Members. The European Conference Programme Committee, does what it says on the tin and includes UK Vice Chairmen Graham Bassett and Mike Hurst. If you are travelling or doing business in Europe please remember that we are an international organisation and an email or call to an appropriate ASIS Volunteer Leader may answer a question, make an introduction or a referral. We have deliberately not listed contact details but these should all be in the Members section of the ASIS website www.asisonline.org. Otherwise please contact Mike Hurst mike@hja.co.uk
EAC Members 2013 SRVP, RVPs and ARVPs ex officio EAC Chairman PCB Representative Young Professionals Representative ASIS Foundation Representative Chairman of the European Council Activities Subcommittee CSO Roundtable Representative Standards & Guidelines Representative Certification Training Representative Law Enforcement Liaison Representative European Intelligence Liaison Representative Women in Security Representative EU Liaison Subcommittee Chair Convergence & ESRM Subcommittee Chair ASIS 2013 Chairman
ASIS Councils Only open to ASIS members, councils provide an open platform to share best practices, collaborate on common issues, and discuss emerging industry trends. By focusing on specialised security practice areas, councils offer forums to contribute your expertise, resources to increase professional effectiveness and niche networks and programming relevant to your specific sector. Councils Academic and Training Programs Banking and Financial Services Commercial Real Estate Crime and Loss Prevention Crisis Management and Business Continuity Cultural Properties Defence and Intelligence Economic Crime Fire and Life Safety Food Defence and Agriculture Security
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Peter French CPP Per Lundkvist, CPP PSP PCI TBC Kaj Møller Werner Preining CPP Thomas Tidiks, CPP TBC TBC Klaus H. Tipsmark Dr. Christoph Rojahn TBC Roger Warwick CPP Volker Wagner Eduard Emde CPP
Gaming and Wagering Protection Global Terrorism and Political Instability Healthcare Security Hospitality, Entertainment and Tourism Security Information Asset Protection and Pre-Employment Screening Information Technology Security Investigations Law Enforcement Liaison Leadership and Management Practices Military Liaison Petrochemical, Chemical, and Extractive Industry Security Pharmaceutical Security Physical Security Retail Loss Prevention School Safety and Security Security Architecture and Engineering Security Services Supply Chain and Transportation Security Utilities Security Visit www.asisonline.org for details
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ACCREDITATION
How good is your Security? Then why aren’t you accredited by the Police? Martin Gill, Perpetuity Research, discusses how organisations can earn a police accreditation for having effective security. ‘Secured Environments’ is an accreditation awarded by the police to organisations that can prove they are adopting good security practice. It has been developed by the Association of Chief Police Officers Secured by Design (ACPO SbD) in conjunction with Perpetuity Research. It is part of the ‘Secured by Design’ suite of crime prevention initiatives managed by ACPO SbD. Importantly Secured Environments focuses on management and processes rather than products, equipment and physical building design. Crime prevention measures often fail because they are implemented incorrectly, poorly managed or even because they were not the correct response to a problem in the first place. Secured Environments has been developed to help rectify that. The accreditation is based on six key principles of good security management that have been developed based on a review of best practice from around the world and honed by the experience of crime prevention experts. Organisations that can show they have met the six principles for protecting themselves against crime are accredited as a ‘Secured Environment’. So what are the principles? The Secured Environments accreditation is different to other police awards, because it is not conditional on design issues, nor specific physical security requirements, rather it focuses on people, process and strategy. After all, as security professionals well know, without the support of staff at all levels supported by good
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plans, processes and procedures for managing security, it will inevitably be compromised. To meet the first principle an organisation must demonstrate that its management team are committed to creating a Secure Environment. Not only does there need to be evidence of commitment from the senior leadership team, but members of staff also need to believe that the organisation is committed. The second and third principles require the organisation to show that they understand its crime risks; analysis of data on incidents plays one part of this. Based on a good understanding of the problem organisations must have a plan in place to mitigate risks. Clearly the response needs to be appropriate and proportionate. In order to demonstrate this, managers will need to be able to describe the threats posed to their organisation and explain how these risks are recorded, monitored and analysed. They also need to be able to explain why specific security measures are in place within their organisation and how these address the problems they identified. The management and implementation of security measures are the focus of the fourth and fifth principles. Organisations must demonstrate that they have a security plan in place with clear objectives. They also need to show that they have adopted appropriate processes to ensure that crime prevention measures are implemented effectively. In addition all employees need to be aware of their roles and responsibilities with regards to security. In many of the evaluations of crime prevention that we at Perpetuity carry out,
poor implementation is often the reason for failure. And finally, but by no means any less important, an organisation must be able to explain how their security measures are monitored and evaluated and provide examples of how these findings are fed back into their security systems and processes. Progress Since its inception in 2007 universities, schools, and more recently a hospital have earned the accreditation, and generated a lot of publicity locally for having good security in place. Those that have taken part have identified a range of benefits including: • useful feedback on ways to improve existing security management processes, • being able to demonstrate to staff and clients that security is taken seriously, one university wanted to reassure parents that student safety was taken seriously justifying security investment Furthermore, in the current climate where competition is tough, many have also used it as a marketing tool and a point of difference. Perhaps the most positive feature of the accreditation is that two of the first organisations accredited have both sought, and gained, reaccreditation. Secured Environments - operated and managed by Perpetuity on behalf of ACPO SbD – is a versatile scheme. Indeed any type of organisation – large or small - can register to become a Secured Environment including hospitals, hotels, schools, universities, businesses, shopping centres, financial institutions and night-time economy establishments.
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SOCIAL MEDIA
‘Secured Environments is a real heavyweight in terms of a security world, many others have not got the academic rigour and background.’ Head of Estates, The University of Bristol What do you need to do? If you are interested, then you need to register, and this will provide you with all the information you need. Within one year you will need to
undertake the accreditation. The best thing about the process is that it will ensure you are doing the basics well, it does not require you to invest in more security, this is about showing that you understand the problems you face and have in place the right mechanisms for responding. For more details about Secured Environments and how you can get
involved with the initiative please see the police webpage www.securedenvironments.com or contact Perpetuity (+44 (0) 116 222 5566; securedenvironments@perpetuitygro up.com). Martin Gill is Director of Perpetuity Research; m.gill@perpetuitygroup.com
Social Media – A Helicopter View Alan Walker Wow! How quick was that! The tragic helicopter accident in London recently highlighted once again just how quickly Social Media can broadcast news of incidents around the globe. As luck would have it I was talking to a guy in Australia when the incident occurred and he was seeing the Twitter feeds coming through within a few minutes. Initially, even the BCC News site was simply publishing the social media content when the incident occurred because they were still waiting to get their reporters on the scene. People and the devices in their hands are now much more efficient than ever before. Witnesses all seem to be pseudo journalists clamouring to be first with the news or to provide the most dramatic footage. It’s quick, it’s simple, it’s great, it’s a curse! Conventional business continuity and crisis management planning often refers to convening the crisis management team, assessing the situation and agreeing the next steps. Meanwhile the social media newsfeeds are racing away over the horizon and have left you behind. The challenge is that many decision makers within organisations grew up in a world in which social media didn’t exist.
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It does now! If you look at the typical profile of a Facebook, Twitter, Kik or Flickr user they are usually younger and more techno savvy than us old cronies. ‘Dad, it’s Twitter – you wouldn’t understand it!’ So there are generations now starting to mature who are completely at ease with sharing information and who have a hunger for instant gratification when it comes to information or news. Plus they have the weapons to do it! Our organisations need to get a grip. Get up to speed.
The benefits can be tremendous and we shouldn’t overlook them, rather seek to exploit them. Equally there can be hazards for which organisations need to prepare. Many companies have fallen foul of the latter including some big names such as BP and Apple. There are some skills to be learned. Social Media is a fascinating topic and definitely one that needs to be factored into your Business Continuity planning now.
This is no longer a topic that can be ignored. Where is your organisation placed on this subject? Do you have any kind of policy? Do you have resources, skill sets, protocols and strategies to be able to exploit and or respond as required? One of my clients talked to me a couple of years ago about launching a Twitter account. My first questions to them were ‘what do you want to do with it? What are your objectives?’ They undertook a piece of work to learn and investigate how best to exploit it and to learn about managing the risks. They went about it in a constructive way rather than just rushing in headlong simply to follow the trend, the contagion if you will.
Alan is an independent Business Continuity Consultant who has helped several organisations develop and improve their Business Continuity plans and capabilities. awcontinuity@btinternet.com www.awcontinuity.co.uk
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LEGAL UPDATE
Legal Update Contracting in the security industry Most organisations regularly use commercial contracts. They play a fundamental role in most industries, including the security industry. However, not so many people understand how complex contracts can be, or the fact that, if properly drafted, they can form an invaluable asset to a business. They could act as protection for you in case things go wrong. The first thing to note is that contracts can be created relatively easily, as they can be either written or verbal. Commercial contracts tend to be written but there is no prescribed form for most commercial contracts. It is quite easy, therefore, to create a contract unintentionally, such as where one party starts work, before the contract is concluded, or where the parties have not said that negotiations are “subject to contract”. A number of recent cases also make it clear that a valid contract can even arise where the parties have simply exchanged emails. In the security industry, contracts are usually made with clients for whom security services are being provided. However, organisations might also have contracts with suppliers of uniforms, vehicles or other equipment. Regardless of the type of contract, though, any commercial contract needs to include precise terms so the parties understand what rights and obligations they have. The more detailed the contract, the less room for misunderstandings and disputes. The contract should contain a number of key terms and conditions. Provisions relating to time of payment and remedies for non-payment are crucial to
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anyone providing a service to a client. You need to ensure prompt payment and make sure you can take action quickly and effectively if payment is withheld. So, for example, does the contract allow for payment within a reasonable time period, say 14 or 28 days? And how soon after that can you take action? Can you claim interest on late payments or do you have to rely on the statutory provisions relating to interest? Equally important, from your viewpoint, are service levels and the circumstances when the contract can be terminated for non-performance. Are you given the opportunity to remedy a breach or is termination automatic? Can the client demand termination of one or more individuals or does a breach mean the entire agreement will terminate? Of course, commercially, the longer the notice period, the better for a contractor, so this should be checked from the outset. Clients and suppliers will often have their own terms and conditions and it may be difficult to negotiate more favourable terms. It is preferable to use your own standard terms of trading wherever possible, so you can negotiate from a position of strength. But many organisations choose not to, believing that the client will always insist on using their own contracts. However, regardless of who has prepared the contract, it is important to know where the possible risks lie, since any contract should minimise the risks that you face. Standard contracts from clients and suppliers will probably contain service levels and detailed warranties and penalties
for non-performance. These could have an impact on you financially and might even affect your decision when tendering or pricing up the job. The importance of a good contract usually only becomes evident when something has gone wrong or when the contract is being terminated. If you have agreed to onerous terms and conditions, a client or supplier might hold you to those terms once the relationship has soured. At that point though, it’s usually far too late to negotiate new terms and far too late to protect yourself contractually. Some ways of protecting yourself is making sure you take care when using emails as you can form a contract by exchanging emails. Use the words “subject to contract” if you are only negotiating and haven’t finalised the deal. And always use written contracts, wherever possible. After all, as any lawyer will tell you – a verbal contract isn’t worth the paper it’s printed on.
Claudia Gerrard: Legal Consultant, Excello Law. cgerrard@excellolaw.co.uk Claudia is an ASIS member and is offering fellow members the first half hour’s consultation free and, thereafter, a reduced hourly charge.
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OOPS
OOPS Man finds knife in back 3 years after stabbing A Canadian man was just scratching what he thought was an old itch this week when it turned out to be a knife blade that had been buried in his back for almost three years. Billy McNeely said this week it all goes back to an April, 2010, birthday party in McNeely's home town of Fort Good Hope, Northwest Territories. McNeely got into a fight over an arm-wrestling contest and was stabbed five times. A doctor stitched him up back then and never took X-Rays. Ever since, McNeely would set off metal detector and he's had a lump in his back where the knife went in. It never stopped nagging him and grew more painful this week.
Bart Simpson appears before judge named Mr Burns A man called Bart Simpson has appeared before a judge called Mr Burns. Company Director Barton Simpson, 56, denies possessing a prohibited firearm at Birmingham airport on May 31 last year. This week Simpson, of Eccleshall, Staffordshire, stood trial in front of Mr Recorder Burns at Warwick Crown Court. A court worker said: “It’s a bizarre coincidence that Bart Simpson is actually on trial in front of Mr Burns but it’ll proceed as any other criminal case would. “There were some eyebrows raised when the court list was published.”
Excuse of the year A German lorry driver escaped a rap for driving while using a mobile phone after claiming he was using it as an ear warmer.A court in Hamm accepted Walter Klein's claims that he had been using the phone which was warm after being recharged to warm his ears.It means he had not broken the law which says drivers can only make phone calls with a hands free set.Klein, 43, told the court: "I had an earache and it was being made worse because the cab had not heated up yet - it takes a while on a big rig."So I grabbed the phone that had been on charge and put it to my ear, and that was when I was stopped by police."The court accepted his claim after he produced an itemised telephone bill proving he had not been using the phone at the time he was stopped.
Doctors dug out a blade measuring about 2.7 inches (7 centimetres).
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SPRING SEMINAR
ASIS Spring Seminar, 13 March
Tim Hodges CPP PSP receiving his Chapter Veteran Certificate from Mike Alexander
Javed Khan, CEO Victim Support
Professor Martin Gill in full flow.
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SPRING SEMINAR
Henry Millard from Kings College, London
Phil Hunter from Counter Terror Expo
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ASIS International 59th Annual Seminar and Exhibits September 24-27 McCormick Place Place, Chicago, IL