Member News

We have just finished designing a new website for the Norwich based, social enterprise, Norfolk Industries. Its a great business that employs people with various disabilities to produce recycled pet bedding products. They are going from strength to strength with new retail contracts coming in. The new website promotes their product range and Hank!

Click here to see the new Norfolk Industries website.

You can see more of our work on our website.

Michael Fahy and Trainee Solicitor Robert Hickford consider the case of Charles Terence Estates Ltd v Cornwall Council [2012] EWCA Civ 1439 regarding the sub-letting or licensing of social housing.

Facts

Restormel Borough Council (‘Restormel’) and Penwith Borough Council (‘Penwith’) were Cornish local housing authorities. They each entered into arrangements with Charles Terence Estates Ltd (‘CTE’) in 2006/2007 under which CTE purchased properties and leased them to Restormel or Penwith, who in turn sublet or licensed them to vulnerable people who were in priority need of social housing.

There were no issues until April 2009. On 1 April 2009, Restormel and Penwith ceased to exist as they were united under the ‘Cornwall’ Council, who took over their rights and liabilities. Cornwall reviewed the CTE arrangements and in July 2010 stopped paying rent, although continued to occupy and use the properties to house vulnerable people.

CTE commenced proceedings for recovery of the unpaid rents. Cornwall defended the claim, raising a number of defences, including assertions that Restormel and Penwith had breached fiduciary duties owed to their council taxpayers with the result that the leases were ultra vires (outside of their powers) and void. Cornwall argued that this was due to Restormel and Penwith failing to consider the standard market rent rates.

Court of Appeal Decision

CTE appealed to the Court of Appeal and in upholding its appeal, it ruled that:

• the leases were not void;
• there was no fiduciary breach; and
• even if there had been, the leases would still not have been void.

The Court stated the breach would have had to be under section 17 of the Housing Act 1985. This only required rents to be at a ‘reasonable price’, and at no point did the act place any value on what would be considered reasonable. The Court stated that it would be dangerous for it to determine what value would be considered reasonable, as this would throw into question any financial decision taken by Councils and similar bodies. More specifically to this case, there had been no expert proof that the rents were not ‘market rate’. The Court also held that even if this was a breach of duty, this does not in any way mean the Council did not have the capacity to enter into the leases, so whilst a breach could have other consequences, the leases would still stand, and rent would be due. The case of Credit Suisse v Allerdale Borough Council [1996] QB 306 was cited as evidence for this point.

The Court did not want to allow historic breaches being used as a defence in this way. The time limit would have long ago expired for challenging the Council’s decision to enter into the leases, and throughout the entire process, CTE had acted in good faith.

More and more businesses and young people are realising that Apprenticeships aren’t only limited to traditional fields. Norfolk County Council in partnership with training providers at the College of West Anglia, City College Norwich and Broadlands Training Services, has received a great response to its recent Apprenticeships Norfolk scheme. The fund will see up to 400 apprenticeships in small and medium-sized businesses created over the next two years thanks to £3.5m in funding from the county council.

This significant investment seeks to create apprenticeships in sectors which are creating jobs for the future with a particular focus on: – engineering, energy, advanced manufacturing, hospitality and tourism, creative industries, health and social care, agriculture and food and drink. Employers within the target sectors, who qualify for funding from the scheme, can receive up to £10,000 when they take on an apprentice. This funding provides a real helping hand for small and medium employers in Norfolk to grow their businesses.

Alison Thomas, Cabinet Member for Children’s Services at Norfolk County Council, added: “This scheme will create many interesting and valuable opportunities for young people exploring their choices and wondering what next steps to make. Norfolk young people seeking employment face many barriers in the current climate and we hope that this significant investment will help them take their first step into employment. We are very excited to see this begin to make a difference to the lives of young people in Norfolk.”

Elli Chapman, Director of Culture Works East said: “When I heard about the fund I thought it was a fantastic idea and something I passionately wanted to get involved with. Culture Works already support a number of young people in entry level roles within our company, it is important to invest in our sector. I started my career by being mentored and learning on the job after leaving school at an early age with very few qualifications. This was definitely the best route for me as it was a way of learning and earning at the same time. I want to pass this valuable experience on to potential apprentices within my own organisation.”

For more information regarding the scheme and to see if your company could benefit from this funding, please contact the Employer Partnerships team at City College Norwich by email on employerpartnerships@ccn.ac.uk or by telephone on 0800 328 3616

Professional Support Lawyer Elizabeth Stevens looks ahead at the changes to employment law expected during 2013.

The year ahead looks set to be an extremely busy one, with a large number of changes to employment law due to take place as a result of the Government’s plan to reform and simplify existing employment legislation.

Employers will need to take note of the following key developments (some dates are still to be confirmed):

February 2013

• New tribunal award limits take effect from 1 February 2013, including an increase to a week’s pay from £430 to £450 and the upper limit for unfair dismissal compensation increasing from £72,300 to £74,200 (see our briefing).

March 2013

• Increase to the number of weeks of parental leave available for parents under the revised Parental Leave Directive, from 13 to 18 weeks per child, due to take effect by 8 March 2013.
• Introduction of online checks with the new Disclosure and Barring Service (formed following the merger of the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA)).

April 2013

• Various changes to be introduced under the Enterprise and Regulatory Reform Bill (likely to be from April), including:

All tribunal cases to be submitted for conciliation to Acas first.

Repeal of the third-party harassment provisions in the Equality Act 2010 (see our briefing).

Repeal of the obligation on an employer to respond to discrimination questionnaires under the Equality Act 2010.

New power to the Secretary of State to amend the maximum amount of the compensatory award in claims for unfair dismissal.

Compromise agreements to be renamed ‘settlement agreements’, with a new Acas Code of Practice on settlement together with a model agreement and standard letters.

Pre-termination settlement negotiations to be excluded from being used in evidence at tribunal hearings.

• Introduction of the new “employee-shareholder” status, whereby certain employment rights are surrendered in exchange for shares, under the Growth and Infrastructure Bill (see our briefing).
• Reduction in minimum consultation period for collective redundancies affecting 100 or more employees, from 90 days to 45 days, with effect from 6 April 2013 (see our briefing).
• Increase to the standard rate of statutory sick pay (SSP) from £85.85 to £86.70 per week, with effect from 6 April 2013.
• Increase to the standard rate of statutory maternity pay (SMP), statutory paternity pay and statutory adoption pay from £135.45 to £136.78 per week, with effect from 7 April 2013.

Also likely in 2013 (date to be confirmed)

• Fees for issuing tribunal claims introduced, the applicable rate to depend on the complexity of the case (see our briefing).
• New employment tribunal Rules of Procedure to take effect (see our briefing).

The Steeles Law employment team will be looking in more detail at these changes, as well as looking back at important developments over the previous year, at our forthcoming Employment Update breakfast seminar, due to take place on 21 March 2013. Please check our website or contact us for further details.

For any employment enquiries please contact the Steeles Law employment team on employment@steeleslaw.co.uk or 01603 598000.

Wymondham College is on the hunt for Business Mentors to help out with their Entrepreneurship Elective, which is a course that is run for Year 9 and 10 students.

Since September 2012, students have been undertaking a structured, 12-unit course covering all aspects of Business, from Strategy to Finance, Risk Management to Marketing. At the end of the Spring Term, students will work in groups to develop a Business Plan which they then ‘pitch’ to potential mentors. The mentor’s role can be light-touch or more involved – they act as a source of guidance and advice for students as they attempt to set up their own enterprise during the summer term of Year 9 and the whole of Year 10. The aim of the Elective is to help students to work independently, give them opportunities to learn things they wouldn’t in a GCSE course, collaborate with others both in and outside of the college, and to have fun doing something that is a bit different!

On January 29th (10-11am), Wymondham College is hosting a meeting for potential mentors to meet with the course organisers, other potential mentors and with a selection of the students involved. You can see the event here: https://www.norfolkchamber.co.uk/events/member-event/entrepreneurship-elective-mentoring-opportunity

If you are interested in becoming a mentor, please contact Kirsty Bray:E: brayki.staff@wymondhamcollege.orgT: 01953 609000 ex4385

Norwich International Airport’s popular travel show returns to the airport terminal building on Saturday 19th January from 9am to 3pm with free entry and free parking for all visitors in the short stay car park.

The event, now in its fourth year, is a great way to start planning for your 2013 holiday and offers local holidaymakers the perfect opportunity to meet and talk with tour operators and airlines flying from Norwich International and to pick up brochures including Fly Norwich 2013 which is being launched at the event.

Over 30 tour operator, airline and business stands including local hotels, and flying schools will be on hand throughout the day to chat, offer first-hand destination and product advice on their Norwich departures.

There are also great opportunities to save money with exclusive offers and fantastic booking incentives available on the day including 5% off and free Norwich airport parking for all holidays booked.

Plus, the chance to win fabulous prizes in the Grand Draw being held at 2.30pm with the main prize a fabulous holiday for 2 to Lake Garda, other prizes in the draw include; short break to Isle of Man, return flights to Aberdeen, holiday vouchers, flying lessons and much more.

Additional free to enter competitions will be taking place throughout the day with many more great prizes to be won.

A must visit event for all your travel needs from Norwich International!

For further details please call 01603 428700

Electrical engineering company Dabbrook has completed a $1.25m deal to supply a solar power system for a new offshore oil platform in the Gulf of Suez.

It is the biggest single contract in a 30-plus year history for the Great Yarmouth-based company. And it believes that this deal will lead to many more similar projects around the world.

The project incorporates more than 200 square metres of solar panels, creating a 36KW photovoltaic array, to be installed between the helideck and lower deck of the Hilal B platform off Egypt.

Cairo-based Enppi is building the new platform for owners GUPCO (Gulf of Suez Petroleum Company) in Alexandria and contracted Dabbrook for the concept, design, engineering and build of the modular solar power system. It includes six substantial battery banks together with a main DC charging and distribution panel and an AC panel consisting of inverters and motor starters.

“It’s a prestigious order for us and was won against stiff competition over 18 months of talks,” said Dabbrook director and founder Stuart Smith.

“There are many environmental and cost benefits to the solar system and no need to transport fuel, as with more traditional rigs using diesel-powered generators,” said Mr Smith.

“We are specialists in concept-to-build projects, constructed on our own site and based on 30 years offshore experience around the world in the petro-chemical industry.”

The Hilal project cargo is being shipped to Egypt later this month where Dabbrook will assist with the commissioning.

In a separate deal, Dabbrook’s parent company Tideland has won the contract to supply navigation lights – built by Dabbrook – also for the Hilal B platform.

Rapidly-evolving energy production technology services company Proserv has consolidated its position for sustainable growth and future expansion following the successful completion of a $215million (approximately £133million) refinancing agreement.

The term loan and revolving credit facility, which is being supported by HSBC, Lloyds, Barclays, Santander, Wells Fargo and RBS after Simmons and Co Aberdeen advised Proserv on arranging the corporate finance, will be used to pay down existing debt, pursue new strategic acquisitions and support the company’s continued growth strategy.

Proserv has experienced exceptional growth within the past two years with turnover rising from £112million ($181million) in 2011 to around £196million ($316million) within 12 months.

The refinancing agreement reinforces Proserv’s market-leading position and fast-growing status as a leading provider of exploration & production, drilling, and infrastructure technical solutions and services to the global energy industry.

It also comes after the company made two high-profile acquisitions in 2012 which not only bolstered its capabilities but saw its global talent pool increase by more than 600 people to over 1,600.

David Lamont, Proserv’s chief executive officer, said: “In light of the difficult economic climate and challenging conditions faced by many businesses globally, to be able to secure refinancing at this level is a huge testament to the confidence that the financial community have in our company and in its future prosperity.

“Proserv is entering an exciting new era and the new refinancing agreement will underpin our strong business plan for growth which includes investing in complementary world-class technologies and building on our existing range of value-added products and services, often through new strategic acquisitions.”

Steve Hewes, Head of Leveraged Finance Scotland at HSBC Bank Plc, said: “Proserv represents a prime example of the positive trends we are seeing in the Aberdeen market, with local jobs being created to help facilitate ongoing and sustained international growth. With a proven trading track record, market leading suite of products and services and high quality management team, Proserv is excellently placed to further benefit from the positive fundamentals supporting the global offshore oil & gas industry.

“HSBC is delighted to play a leading role in this refinancing which not only underlines our positive relationship with Proserv, but assists with the company’s continued growth aspirations, both organically and via acquisition.”

Jimmy Williamson, Director at Lloyds Bank Commercial Banking Acquisition Finance, said: “The Proserv team have done an excellent job of integrating five specialist businesses into a leading provider for the exploration & production, drilling and subsea market sectors, and is forecast for exceptionally strong growth. This refinancing, which has allowed us to cement our relationship with a leading sponsor and strong management team, demonstrates the company’s robust track record and strong growth trajectory.”

Proserv, which is headquartered in Westhill, Aberdeenshire, UK, specialises in exploration & production, drilling, and infrastructure technical solutions and services to the global energy industry. The company operates worldwide from 30 sites in 6 geographical regions namely North UK & Africa, South UK & Europe, Scandinavia, the Americas, Middle East & North Africa and the Far East & Australia.

Last month, the company announced that it had acquired a major US company, Total Instrumentation & Controls (TIC), which is based in Houston and specialises in advanced process and control systems equipment. The deal saw TIC’s entire American-based workforce of more than 300 people joining forces with the company under the Proserv mantle.

More than 300 members of Weatherford staff also joined Proserv last year after it acquired the company’s subsea controls subsidiaries, further strengthening its rapidly-expanding range of subsea capabilities and specialist integrated services.

For more information about Proserv, visit: www.proserv.com

Steeles Law Head of Planning and Environment David Merson reports on Ipswich Borough Council’s latest development plan proposals for the ‘Northern Fringe Area’.

Ipswich Borough Council has, as part of its Core Strategy (Policy CS10), identified an area of approximately 200ha on the northern edge of its urban area, between Henley Road in the west and Tuddenham Road in the east (the Northern Fringe Area) as land for the development of 1,000 – 1,500 dwellings and associated facilities prior to 2021 on part, and as a broad area for up to a further 3,000 – 3,500 dwellings and associated facilities after 2021 on the remainder.

The Council is in the process of preparing a Supplementary Planning Document providing a development brief to: guide the development of the whole Northern Fringe Area; identify the infrastructure that developments will need to deliver on a comprehensive basis alongside new housing, including community facilities and, at an appropriate stage, the provision of a railway crossing to link potential development phases, in the interests of sustainability and integration; and set out a schedule of infrastructure charges.

As part of that process, the Council is holding a public consultation exercise seeking views on its proposals. This exercise is to run for six weeks from 10:00am on Saturday 12 January until 5:00pm on Friday 22 February and will include various ‘drop-in presentations’ and a public meeting together with presentations to two Area Committees.

The Issues and Options Report is available online at the Council’s website and copies can also be obtained direct from the Council.

If you are affected by these proposals and wish to have assistance in making representations to the Council or require further information or advice on any issues raised in this article or any other planning and environmental matter please contact David Merson on 020 7421 1720 or at dmerson@steeleslaw.co.uk

Following the Christmas festivities, sadly it is common for Steeles Law’s family team to receive an increased number of new enquiries from spouses or partners requiring advice in relation to divorce or separation at this time of year.

This trend appears to be attributable to the fact that Christmas is a trigger for spouses or partners who feel that they cannot continue with the relationship any longer, although generally separation is something that couples might have been contemplating for quite a while beforehand.

Often couples will have spent two weeks at home together during the Christmas and New Year period, which is often the only time of the year that so much time is spent together. There can then be the added stress of many family gatherings with relatives having stayed overnight, sometimes for days. There are also additional strains of office parties and lots of alcohol consumption which can all play a part if there are already problems in a relationship.

Some clients see the start of a New Year as a symbol of a fresh start and often couples already considering separation will decide that they will wait until the New Year before they take any action which suggests that the rise in separation at this time of year is not just down to the festivities.

Looking back over divorce petitions issued during 2012, our family team has noted that interestingly the most common dates stated as being the date of separation are either 31 December or 1 January.

Amanda Owens, head of our family team, commented that the current recession is creating additional pressure for couples and can also influence their decision on whether or not to separate. “We have seen an increasing number of couples who have delayed separation due to falling values in property prices and other investments”.

She further commented that couples are also increasingly trying to reduce the costs of resolving their problems by dealing with their own divorce or dissolution as well as seeing an increased number of couples willing to consider mediation.

In order to address some of the concerns held by clients, Steeles Law has recently launched fixed fees, which help to provide certainty as to the cost of a divorce or dissolution. The costs of the fixed fee divorce start from £450 plus VAT.

In addition to this, Steeles Law is also offering fixed fees dealing with the related financial settlement.

Unfortunately separation is not easy at any time of the year, however at Steeles Law our family team strives to help you deal with the issues in an empathetic and timely manner and in the most cost effective way for our clients as possible.

If you are considering divorce, dissolution or separation the outcome always depends on the circumstances of each case and therefore we would urge anyone about to embark on this to seek independent legal advice at the earliest opportunity.

For further information visit www.steeleslaw.co.uk, or to arrange for a fixed fee appointment with one of our practitioners, please email family@steeleslaw.co.uk or telephone 01603 598000.

Rural Norfolk firm celebrates a decade of milestones including over £4m gross turnover.Naked Marketing is pleased to announce it is celebrating its tenth anniversary serving international and local clients from its offices in Hingham, Norfolk.

Despite a double-dip recession, since its inception in 2002 the full-service agency has doubled in size, appointed a Non-Executive Director, purchased its own business premises, and received various trade awards.

“We’re thrilled not only to be in business ten years on but to actually be thriving in spite of the current economic climate,” says Ben Handford, Managing Director and co-founder, Naked Marketing. “We remain as excited about each milestone as we were when we sent out our first ever invoice, and banked our first cheque – they’re now just bigger, like buying our own building, and working with some of the world’s biggest brands.”

The Norfolk-based team, including co-founder David Lloyd, Creative Director, provides marketing, advertising, branding, e-marketing, PR and more for brands such as Qantas™ Airlines, Weight Watchers®, Hello Kitty, and Mind, the mental health charity – as well as for several local businesses including Norfolk Country Cottages, Bryan Turner Kitchens and Hobbies. “We treat our customers equally regardless of the scope or scale of their project,” explains Ben. “We’re optimistic we’ll continue to grow this way, by living our ‘Naked’ philosophy: being transparent, honest and attentive in our business relationships, and maintaining our quality of work.”

Naked recently received the Business Partnership Award from Mind and were runners up at Hello Kitty’s design day annual awards. Naked were also delighted earlier this year when they were recognised as one of the first businesses in Norfolk to receive the Carbon Charter award.

On behalf of a corporate client, Steeles Law’s Tax Litigation Team has recently secured the withdrawal by HMRC of an assessment of VAT in excess of £230,000.

During the summer of 2011, our client received an assessment of Value Added Tax in relation to the import and subsequent export of products to and from the United Kingdom. The assessment related to VAT which HMRC alleged was due from 104 imports and 58 subsequent exports.

Following the assessment by HMRC, our client sought a review and employed its corporate accountants to assist it with making representations to HMRC.

In the autumn of 2011, a review officer of HMRC confirmed the assessment and demands for payment in excess of £230,000 were issued to the client. As a result of the assessment, the client ceased trading.

Following confirmation of the assessment, having searched for law firms with relevant experience, the Team was instructed to assist.

Within one month of the review decision, the Team had reviewed the client’s position, considered the reasons behind the assessment and HMRC’s review officer’s findings in relation to it, and filed a detailed appeal against the assessment.

In addition to filing the grounds of appeal, the Team was able to secure a certificate of hardship from HMRC to enable the appeal to proceed without prior payment of the assessed VAT.

The grounds of appeal cited, amongst other things, our client’s eligibility for Onward Supply Relief, a discretionary ground for HMRC to waive VAT under the Value Added Tax Act 1994, and the unreasonableness of HMRC’s position in light of the European Convention on Human Rights.

Upon consideration of the appeal by HMRC’s Solicitors’ Office, HMRC has recently withdrawn the review decision and the assessment.

Ian Robotham, Associate in the Team and the fee earner with the lead role in this particular case comments:

“This really is a fantastic result for this corporate client. In light the Team’s prompt actions we have secured the complete withdrawal of an assessment of nearly a quarter of a million pounds incorrectly levied against our client.

“The assessment led to the client having to cease trading unless and until the assessment was withdrawn or successfully appealed. Thankfully, I can say that after our representations, the assessment was withdrawn by HMRC. The hope is that the client can now recommence trading.”

At Steeles Law, our Tax Litigation team continues to act for a wide range of clients in disputes with HMRC. We are experienced in acting for individuals, sole traders, partnerships and limited companies in disputes relating to the different types of tax. We have also represented clients in the different venues which can hear tax disputes, from the First Tier Tax Chamber to the High Court.

If you need any assistance with a tax dispute, please contact Ian Robotham on 01603 598000, or click here for the Team’s contact details.

Click here for links to other related news stories of the Team’s notable successes.