Member News

Emma Alfieri, fromSteeles Law’sfamily law team, reports that the recession is having a real impact on couples wishing to separate or divorce.

This is due to the recession having diminished the value of many assets:

Splitting one household into two is becoming increasingly difficult. Stagnant or in some cases falling house prices, reduced savings and volatile investment and pension funds, are acting as a ball and chain for many parties wishing to separate. So much so, that some couples are delaying bringing divorce proceedings due to a lack of funds and diminished asset values.

Conversely, some individuals are using the current economic climate to their advantage. For the higher earner, commencing divorce proceedings during the recession could mean benefiting from a reduced settlement based on lower asset values and lower income.

Where couples do decide to separate or divorce, the way in which the assets are shared is becoming less straight forward.

This is due to mortgage lenders now having tougher lending conditions and requiring larger deposits. In some cases we are finding that lenders are not prepared to lend at all, perhaps due to a low income or not taking certain benefits or child maintenance income into account.

Other issues can arise when for instance one party wishes to buy out the other party’s interest in the family home. We are regularly seeing that mortgage lenders are unprepared to release one party from a joint mortgage. There are other options that divorcing couples can consider, such as a “Mesher order” or a “transfer with chargeback”, however some individuals who may have been homeowners for a long time are finding that they are forced to rent. This is a more recent development as prior to the recession lenders were less cautious and it appeared simpler to meet both parties’ future housing needs.

Due to the above, there is also a renewed focus on other assets such as pensions which are becoming a critical consideration in terms of the overall settlement.

Whilst the changes we are seeing may appear to be rather depressing at an already difficult time, our specialised family law team are experienced in getting over these hurdles and working towards overcoming the issues that the recession brings.

For further information, or for an informal chat with one of our family team please contact us on 01603 598000 or visit www.steeleslaw.co.uk.

OpenContact has been awarded the contract to manage telephone bookings and customer service calls for The View from The Shard. The Shard, the iconic, landmark building on the London skyline, designed by Master Architect Renzo Piano will be the tallest building in Western Europe. The View from The Shard is nearly twice as high as any other viewing platform in London and will offer an unparalleled encounter with an incredible building that invites guests to experience the most spectacular views of London past, present and future like never before.

The View from The Shard spans floors 68, 69 and 72 at a height of 800ft or 244m. The visit provides guests with a multi-sensory experience and exhilarating 360° views for 40 miles across London. Opening on 1st February 2013, tickets for The View from The Shard are available by pre-booking and are now on sale online at www.theviewfromtheshard.com. Norfolk based OpenContact beat national competition to be the partner that will help to deliver the customer experience required by The View from The Shard as a premium visitor attraction to local, national and international audiences.

OpenContact will be reporting to The View from The Shard’s management team including Anders Nyberg, Chief Executive and Sandy Clark, Operations Director.

OpenContact’s Head of Client Services, Steve Gregory said: “The Shard is an international icon and work of art. The View from the Shard will enable visitors to unlock London’s culture, architecture and history and we are thrilled to be involved in one of the most significant international launches of 2013.”

Anders Nyberg, Chief Executive Officer, Shard Viewing Gallery Management Group said: ‘We are delighted to have OpenContact on board to help us provide the highest level of customer experience for The View from The Shard. OpenContact’s expertise in managing customer services for visitor attractions will help us to ensure that our guests have the best possible experience, even before they arrive.’

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Press contacts:

OpenContact Steve Gregory: 01603 895406 / steve.gregory@opencontact.co.uk Susanna Yellop: 01603 895426 / susanna.yellop@opencontact.co.uk Fiona Temple: 01603 895405 / fiona.temple@opencontact.co.uk Website: https://www.opencontact.co.uk

The View from The Shard Ruth Howlett: 020 3102 3973 / ruth.howlett@shardlondonbridge.com

About OpenContact: Established over 11 years ago in Norwich, OpenContact is an outsourced customer contact centre designed to manage customer encounters on behalf of our clients and deliver the customer experience they need. Still family owned and operated, Fiona Temple and her team always create a bespoke service to match every client’s specific requirements and deliver to them consistently.

OpenContact’s work includes: GoApe, UK General Insurance, Mattressman, Harrod Horticultural, National Trust, Booking.com and Christian Aid

About The View from The Shard A premium visitor experience, The View from The Shard offers guests an unparalleled encounter with an incredible building and the creativity, history and culture of London.

The View from the Shard is the highest viewing point from any building in Western Europe, nearly twice as high as any other view in London.

Guests will reach The View from The Shard through a two-stage, state of the art lift experience with music and light effects, which build anticipation, excitement and exhilaration. Guests will arrive at level 68 before ascending to The View on level 69, a triple-height, light-filled main level where the view is revealed and London past, present and future is laid before you like you’ve never seen it before.

On level 72, guests have the opportunity to experience the elements with part of the building exposed through the fractures where the shards of glass come together and the opportunity to gaze at the giant glass shards disappearing into the sky.

Guests exit via a small boutique on level 68 prior to descending in the lifts back through reception where they will have an opportunity to browse the main boutique as well as purchase a souvenir photograph.

The View will be open from 9.00am to 10.00pm to enable guests to enjoy the experience by day and night.

Advance adult tickets for The View from The Shard are £24.95 and available by pre-booking, a system that ensures an unpressured, premium quality experience with no waiting and no queues.

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The new legislation may improve the image of enforcement, but will it achieve the correct balance between the rights of creditors and those of debtors? Steeles Law’s Tom Bailey and Denise Cushine investigate.

Click here to view the article in full (reproduced with the kind permission of the Solicitors Journal): https://www.steeleslaw.co.uk/news-item.aspx?id=7190c072-3505-42b3-9e91-02e0e82d6cb7

Vicki Mitman, a solicitor in the firm’s Franchising team, recently attended the bfa Affiliate and Midlands Regional Forums. The bfa works closely with its members and affiliate members to help advance knowledge and expertise within the franchise industry and acts as the voice of ethical franchising in the UK providing information and advice to businesses looking to expand their current operations through franchising and to people considering joining a franchise. At forums, bfa members and professional advisors share information and ideas along with discussing current market trends and debating certain “hot” topics.

At the forums last week the following issues were discussed:

– How to grow franchising

– What franchisors do to launch a new franchise

– How to motivate franchisees in a mature network

– How franchisors use their networks to help them recruit new franchisees

– Review of the bfa Annual Conference (21/22 June 2012) – including ideas and discussion topics for the next annual conference.

– Update on the bfa/NatWest survey – the survey monitors the performance, attitude and opinions within the franchise industry. The survey revealed that the annual contribution to UK turnover within the franchising industry is now £13.4bn and that there are 929 active franchises. Both the annual turnover and the number of active franchises have increased quite considerably from 2011.

– bfa News and Update – including the launch of franchisee membership and the upcoming roundtable discussions and social evening on 19 July 2012

Leathes Prior is an affiliate member of the bfa and has specialised in franchising for over 30 years.

Steeles Law Head of Real Estate Michael Fahy and Trainee Solicitor Laura Tanguay consider the Court of Appeal decision of Helena Partnerships Ltd v HMRC [2012] EWCA Civ 569 regarding the charitable status of housing associations.

Last month, the Court of Appeal unanimously dismissed an appeal by housing association, Helena Partnerships Ltd (“HPL”), against a decision that it was not established for charitable purposes only; the upshot of which being that it did not qualify for a £6 million refund of corporation tax paid on rents received pursuant to the charitable exemption.

In 2001, HPL changed its memorandum and articles so that its objects included activity carried out by a social landlord “for the benefit of the community”. Later, in 2004, HPL became a registered charity. The issue on the appeal was whether HPL had been established for charitable purposes only in the period of 2001 to 2004; if held to be a charity, it could claim back a substantial amount of corporation tax paid during this time.

Held

The Court held that HPL’s objects were not exclusively charitable. Providing social housing was not, in itself, enough to establish HPL as a ‘charity’. Although it’s activities were said to be carried out ‘for the benefit of the community’, they were not limited to this as some of the housing stock was rented to private individuals who were not considered to be ‘in need’.

Lloyd LJ went on to say that the provision of housing accommodation, “otherwise than for those in some relevant charitable need”, was not a purpose “within the spirit and intendment” of the preamble to the Statute of Charitable Uses 1601. In order for a housing association to come within the scope of the preamble it was considered that the provision of housing would need to be restricted to the relief of need.

Comment

It is not sufficient for an organisation to assert, or for its governing document to state, that its activities or operations are to be undertaken for the benefit of the community. More is required and its purposes must fall within the scope of the preamble to the Statute of Charitable Uses.

If you require advice on any issues raised in this article please contact Michael Fahy on 020 7421 1720 or mfahy@steeleslaw.co.uk

Norwich and Diss based law firm Steeles Law has recently recruited a new Marketing Manager and Business Development Executive, signalling a major investment in these areas for the future growth of the Whiting Road based business (which also has established offices in Diss and a city based team in Central London).

Matt Reed joins the team as Business Development Executive, a new position at Steeles Law, bringing with him with 12 years’ direct sales experience in a variety of industries, including IT/software sales, education, advertising and financial services.

Gemma Pendleton is the new Marketing Manager, having previously worked for another Norwich based law firm in a similar role and with extensive prior experience in the voluntary, e-commerce and professional services sectors.

Commenting on the new appointments, Stephen Drake, Managing Principal, said: “Steeles Law has always considered itself as a modern, forward thinking firm. Over 20 years ago, we were the first local law firm to take a place on one of the modern business parks on the outskirts of the city – a move which is now being echoed by many other firms wishing to become more accessible to the modern client. With the appointment of Matt and Gemma, we are again adapting to the changing landscape of the legal profession, following the advent of the Legal Services Act last year, to future proof our business and ensure that we continue to provide the personal, high quality service that our clients have come to expect.”

Steeles Law’s Head of Employment, Oliver Brabbins, considers the implications of a recent Court of Appeal decision in which an employee who set up a business competing with his employer was held not to be in breach of his contract of employment.

In this case, the employee (R) had been recruited straight from university as an applications consultant by a specialist IT consultancy firm, Customer Systems plc (CS). During the period of his employment, from 2001 to 2009, R was promoted a number of times and in his final year of employment he was responsible directly or indirectly for 59 per cent of the group’s total revenue. Crucially to the case, however, R’s contract of employment remained unchanged during the period of his employment. The original contract he entered into in 2001 contained a confidentiality provision, but no post-termination covenants to restrict his activities after his employment ended.

R resigned and left CS in February 2009. Both before and during his notice period, he had made preparations to establish a competing business, including discussing potential work with existing clients of CS.

CS brought a claim against R for breach of his contractual obligations, and breach of his fiduciary duty to the company by failing to report his contact with the clients to CS. A ‘fiduciary duty’ is essentially a duty to act in the company’s best interests and is a duty owed by all directors, but not necessarily employees, of a company. The company’s claim was upheld by the High Court.

R’s appeal to the Court of Appeal has since been successful. The Court did not agree with the judge’s conclusion that there was no material difference between R’s situation and that of a director. The judge had failed to take into account the express terms of R’s contract and had failed to properly consider whether, as an employee of the company, R had any fiduciary duties at all. In the Court’s view, there was nothing to suggest a fiduciary duty applied to R, and there was no express contractual term prohibiting him from contacting clients or setting up in competition.

Comment

This case illustrates very well the danger of failing to ensure that contractual documentation is regularly reviewed and updated to ensure that it accurately reflects the relationship between the parties and provides adequate protection for the employer. A contract of employment for a junior employee will rarely be suitable for an employee who has been promoted to a more senior position and who is likely to pose a much greater risk to the employer’s business when he or she departs.

Confidentiality provisions and post-termination restrictions (“restrictive covenants”) should always be carefully tailored, depending on the nature of the business and the position of the individual employee within that business. When an employee is promoted, proper consideration should be given to the question of whether a new contract of employment is appropriate to reflect the employee’s seniority.

A copy of the Court of Appeal’s judgment is available at: https://www.bailii.org/ew/cases/EWCA/Civ/2012/841.html

A Great Yarmouth businessman has successfully completed one of the toughest and most notorious triathlon events in the world, the annual Escape from Alcatraz.

Pasta Foods managing director Karl Jermyn had to swim a mile and a half across San Francisco Bay from the legendary island prison and then cycle 18 miles and run another eight.

Even though his sponsored effort will raise hundreds of pounds for Great Yarmouth charity Centre 81, 40-year-old Karl admitted that he would have taken up the challenge for nothing.

“I’ve been in triathlons before. I like setting a goal, pushing the boundaries and seeing what you can achieve,” he said.

That attitude is also important to members of Centre, 81 – where he is a trustee – which supports people with physical and other disabilities and helps focus on their abilities rather than disabilities. He was delighted that his achievement helped their 30th anniversary appeal.

The swim from Alcatraz to the shore, something never successfully achieved by a prison inmate in its 29-year history, was the toughest obstacle.

“Once, it was thought to be impossible and the adrenaline kicks in when you plunge into icy waters with strong swirling currents and the potential for sharks,” said Karl. “Not everyone makes it. There are about 100 small craft standing by to help in an emergency.

“At first, it is silent. Then you hear the announcer on the far side encouraging swimmers ashore. Then you hear the cheers of the crowd and see the shore and that spurred me on.

“I had trained hard and always thought I would make it but it was a mixture of relief and joy to get there.”

There was no time to rest; he then had the gruelling cycling stage around the steep, undulating streets of San Francisco, followed by the demanding run, a mile of it on sand.

“Having completed the swim, nothing was going to stop me. Most of the 2,000 competitors are American and as I approached the finishing line it was brilliant to hear the announcer calling my name from Norwich, England.”

Karl clocked 3hr 53m 25s for the event, just under an hour of it on the swim. Afterwards, he received a medal, a recovery drink and, appropriate to his day job, a pasta meal.

The Library Restaurant Bar and Grill Fashion Gala Dinner for Charity

Local Charity Leeway Domestic Violence and Abuse services Wednesday 25th July from 6.30pm and will involve presentations from Rachel Glick of Lingerie Indiscrete and Claire Bunton of Claire Bunton Image Consultancy, followed by a beautiful two course meal and a fashion show from Style Quarter, a new, independent fashion company.

This event is aimed at all women with an interest in fashion and will provide them with an ideal opportunity to learn more about the importance of wearing correctly fitted lingerie and also how they can make the most of their image with colours, shapes and textures.

Tickets available from www.leewaysupport.org.uk or calling 0845 241 2171 (extension 4). Ticket 20.00pp with a two course supper and welcome drink

Gordon Secker is taking a fortnight off work as auditor with PKF Accountants and business advisers for a once-in-a-lifetime chance to get involved in the Olympic games.

The Lowestoft man has been selected for the team of Olympic volunteers and will help organise travel for more than 25,000 journalists – even though it has meant giving up tickets to see a couple of the actual events.

“It wasn’t an easy decision but it’s something different; something I have never done before and will never do again and rather than watching I will be playing an active part and savouring the atmosphere across the Olympic Park,” he said.

It means a significant few weeks for the 38-year-old senior business adviser who has also just completed 10 years service with PKF in Great Yarmouth.

More than 12 hours training has prepared him for the Olympic role where he will join a team ensuring smooth passage for broadcasters and writers using a shuttle bus system to various Olympic events. He’ll work 13 eight-hour shifts and get to keep his official uniform as a souvenir.

PHOTO: Bubbly moment for Gordon Secker (left) as he marks 10 years at PKF and prepares for his Olympic role. Bob Hawkins, PKF partner, hands over the Champagne.

Child Contact – proposed amendments

The Government recently announced its intention to amend legislation regarding parental contact with children, following the Family Justice Review published in November 2011.

Many have raised concerns over the plans to amend the current legislation which aim to make it clearer to those going through separation/divorce that children must have an ongoing relationship with both parents following their separation; unless contact with either parent causes concerns over the safety and welfare of the child.

The current legislation in this area is covered by the Children Act 1989. Section 1 makes it particularly clear that “the child’s welfare shall be the court’s paramount consideration”.

In practice, some couples going through separation/divorce will find that they are able to finalise contact arrangements between themselves without the need to involve Solicitors or the Courts. Many will find they require a little assistance from Solicitors and others will need more help from Solicitors and will also need the involvement of the Court system to reach a suitable contact agreement.

Whichever route is taken, whether it includes the Courts or not, the child’s best interests will always be the overriding factor.

The Government propose to amend section 1 of the Children Act 1989 to require the Court to ‘work on the presumption that a child’s welfare is likely to be furthered through safe involvement with both parents – unless the evidence shows this is not to be safe or in the child’s best interests’.

Practically the amendments appear to make little difference to what happens within the Courts now. The current position adopted by the Courts is that ideally both parents should be involved in the child’s upbringing with contact being the most important way of achieving this.

The proposals clarify the need to be fair and reasonable when finalising contact arrangements with both parents. The proposals do not attempt to verify the minimum amount of time each parent is to spend with their child, nor will they be suggesting an equal division of the child’s time between each parent. Realistically these suggestions would be impractical and are matters to be decided on a case by case basis.

It seems the proposals are to make it clear to parents who are or have separated that, in cases where there are no concerns for the child’s safety, consideration must be given to the importance of the child seeing both parents regularly in order to maintain a meaningful relationship with each of them.

The amendments will mean it is no longer acceptable for a parent to deny the other parent contact with their child where there are no concerns for safety or welfare because of the legal presumption of shared parenting.

The consultation on the above proposals closes on 5 September 2012.

We’re delighted to announce the launch of the new Britannia Training website which will allow you to search for and book the courses you need online.

Because customer service is important to us, we will be following up each booking in exactly the same way as before – making sure that you have found the perfect course to suit your needs, and ensuring that you know what to expect on the day. We hope you will have a browse of our new website and let us know what you think! We would appreciate your feedback!

Britannia Safety & Training has a Twitter page, you can find us at Britannia_train, just type this is the search engine and tweet us! Keep updated with the latest news, legislation and updates on Health & Safety.

Britannia also has a page on IPatter, you can find us at Britannia Safety & Training, Wymondham.

COMING SOON! WATCH THIS SPACE! Britannia will have a Facebook page “Britannia Bad Boys”, you can read the lastest health & safety information and play videos!