the Photographer - Issue Three 2017

Thaxted’s People Andy Griffin’s epic portraiture project

Making an MA The Magazine of the BIPP / 2017 / Issue Three

MA Commercial Photography at AUB

Moving pictures Peter Searight’s abstract landscapes

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Issue Three, 2017

Image © Andy Griffin

Image © Peter Searight

Andy Griffin / Portraiture 12 When a personal project gathers pace and seems to generate its own energy, you know you’ve hit the spot. Andy Griffin’s Thaxted’s People took the photographer on an epic journey he couldn’t have predicted BIPP College and Student Awards 30 We talk to the awarded photographers in this year’s BIPP College and Student Awards to find out where their ambitions lie and how they’ve come to create at such a high level Peter Searight / Abstract 2 Realising the need to set his fine art landscapes apart, Peter Searight began experimenting to make some truly unrepeatable artworks that give the viewer time and space to draw their own conclusions

the Photographer is published four times a year by the British Institute of Professional Photography, Ardenham Court, Oxford Road, Aylesbury, Buckinghamshire HP19 8HT. T: 01296 642020 E: info@bipp.com W: www.bipp.com President: Kevin Wilson Hon FBIPP Chief Executive: Chris Harper FBIPP Directors: Bryn Griffiths FBIPP, Roy Meiklejon FBIPP, Denise Swanson FBIPP, Frank Tomlinson FBIPP, David Wheeler FBIPP

The making of an MA 52 Paul Wenham-Clarke FBIPP created the Commercial Photography MA at Arts University Bournemouth.

He talks about its place in the modern industry and how the perspective of today’s photographer continues to change

BIPP Company partners, member benefits, regions and events 56

Membership Services Advisory Board Annemarie Farley FBIPP (National) Frank Tomlinson FBIPP (National) Gerry Coe Hon FBIPP (National) Denise Swanson FBIPP (National) Jo Scott FBIPP (National) Jon Lee ABIPP – Scotland Faizal Kirk ABIPP – North East David Stanbury FBIPP – North West Katrina Whitehead LBIPP – Yorkshire Bryn Griffiths FBIPP – Midlands

Scott Johnson FBIPP – South East David Wheeler FBIPP – South West Roy Meiklejon FBIPP – Cotswolds David Campbell ABIPP – Northern Ireland

Business / Debt collection 62 A new Pre-Action Protocol for Debt Claims is now in force – and you need to comply with it when collecting debts owed

Editor: Jonathan Briggs, editor@bipp.com Advertising: Tel 01296 642020 Email: jack@bipp.com UK Subscribers £20, EU £40, Rest of the World £50 ISSN: 0031-8698. Printed and bound by Magazine Printing Company, Hoddesdon, Herts

Neither the British Institute of Professional Photography (BIPP) nor any of its employees, members, contractors or agents accepts any responsibility whatsoever for loss of or damage to photographs, illustrations or manuscripts or any other material submitted, howsoever caused. The views expressed in this magazine are the views of individual contributors and do not necessarily represent the views of the BIPP. All advertisements are accepted and all editorial matter published in good faith. The Publisher makes no warranty, express or implied, that any particular product or service is available at the time of publication or at any given price. No part of this publication may be reproduced by any means whatsoever, or stored in a retrieval system, or broadcast, published or exhibited without the prior permission of the publisher. This magazine is the copyright of the BIPP without prejudice to the right of contributors and photographers as defined in the Copyright, Designs and Patents Act 1988. All rights reserved. Registered at Stationers’ Hall, Ref B6546, No. 24577. © BIPP 2017

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Image © Peter Searight

Moving in time Peter Searight’s abstract landscapes offer the viewer space to find their own meanings. It’s a conscious move on the part of the photographer that’s ultimately proving successful

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he title of an early group exhibition including photo­grapher Peter Searight was Are You Afraid of Beauty? and this is a good place to begin in order to get to grips with his artisitic perspective. The idea behind the title was to challenge the viewer to enjoy art’s beauty, in contrast to the celebration of shock seen in the works of Britpack artists Tracy Emin and Damien Hurst. It was an example of Peter saying: ‘The need for beauty in people’s lives should not be underestimated.’

Peter runs The Remarkable Studio out of Lynchmere, Sussex and the stated aim has always been to use the medium of photography to enrich people’s lives. He explains: ‘I would like to think that the imagery we have sold as art prints for more than a decade now have brought something to people’s lives.’

Whilst Peter’s artwork has largely concentrated on landscapes, he has developed a highly conceptual twist – setting his work apart and confidently owning a distinctive artistic identity.

He has a great deal to thank the digital revolution for, you could say. He comments: ‘The selfy perhaps epitomises the shallowness of so much digital imagery and SnapChat’s mechanism for only being able to see an image for a few seconds

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only underlines the transitory nature of so many photographs.’ At the same time, of course, the latest technology offers the opportunity to create stunning images – but simultaneously creates a problem too: ‘Ease of access tends to make the extraordinary, well, rather ordinary,’ says Peter. ‘The emotional impact of an image is dulled by their abundance and relative ease of capture. Taking a night sky would have been a challenging task a decade or so ago.’

It was against this background that Peter decided he needed to develop something different. Whilst he accepts that there is never really anything completely new under the sun, he began experimenting with long exposures and camera movements. Two prints in particular were exhibited in a number of places – including in the BIPP’s touring exhibition where both sold.

‘If you have a wonderful camera and are willing to go to a great location at 4am you will more than likely get at least some wonderful pictures, so I thought that

I needed to do something different to be a photographic artist in my own right.

I started to develop the abstracted scene and it became more and more impressionistic – more like a Turner than a photograph. There’s technique in slow exposures and my camera movements, but I’m the first to say there has been a lot of artistic experimentation to find patterns. Some – to be frank – I don’t exactly know what I did.’

Once again, this kind of experimentation is so much more easily accommodated with digital capture.

Peter uses a Hasselblad H4D and feels medium format offers up textures and tonal transitions that are particularly important in creating this kind of work.

He continues: ‘The subject matter has

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g invariably been trees in wintertime when there are no

leaves and there is the low, special nature of winter light.

The movement creates abstract images that can be much more thought provoking than the underlying subject. By removing detail, you are left with colour, shape and light, and this often allows the viewer to experience emotions and connections that have nothing to do with the actual

subject of the photograph. People may see grasses blowing in the wind when the subject was, in fact, a stand of trees in still evening air.’

Peter references the Impressionists’ use of light and colour: ‘Some of the best exponents of their art communicated the

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essence of a scene without need for the detail of, say, the faces of the people in the painting. This abstraction often enhances the mood of the picture and this dictates the colour of the palette rather than the need for realism.’ This approach has the knock-on result that each image

becomes genuinely unique – it would be very hard to replicate the exact movement, let alone the moment.

Peter considers this side of his work: ‘It might be possible to systemise the process so that it would be repeatable, but I think that using the camera to “paint” the scene offers more interesting opportunities. The essence of each image is created “in camera” rather than

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in post production, often with minimal retouching and post processing. Taking a step back from reality does offer an opportunity to experiment with adjustments to colour temperature, saturation and so on to create particular textures, impressions and moods in the image – but the intention is to create an image which appeals emotionally, rather than being technically correct.’

Not least, Peter’s approach opens up appreciation of his works beyond the traditional location-driven perspective typical of the landscape genre. One exhibition visitor told Peter that she liked his birch trees image because they reminded her of Russia. Peter reminds us: ‘I have never been to Russia! Abstraction allows the imagination more room to breathe.’

Despite his artistic analysis, Peter is not someone who grew up dreaming of being a professional photographer.

He was fascinated by things mechanical and electrical and graduated as an engineer, before moving to the investment world as an analyst and fund manager for 20 years. Until relatively recently, he’s been self taught as a photographer.

However, his family has a strong artistic tradition.

He says: ‘The impressionists’ use of light has fascinated me since my teens and the beauty of the countryside around us here in Sussex – and land and seascapes in the UK and overseas – have been and remain a big influence on me. I have always believed that this kind of beauty is really important in people’s lives.’ Indeed, much of Peter’s abstract work is located in the landscapes surrounding his studio: ‘It’s a place I walk every day but it’s always different with endless seasonal variations.

It’s closest to my heart.’ And that’s just fine – what counts, of course, is having the vision to capture it and create your own aesthetic. tP Issue Three / 2017 / the PHOTOGRAPHER 11

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Thaxted’s People Andy Griffin’s project to photograph the characters of this Essex town began back at the start of 2013 and quickly took on a life of its own. The result runs to 150 people, each a creative assignment in own right, and forms a unique body of work

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elcome to Essex. Maybe we should actually say North Essex and give it a capital ‘N’. Draw an imaginary line somewhere just north of Ongar and, above that, life is different. Up you go through the Roding Valley, Matching Green and the Easters. This is Lovejoy country – Ian McShane’s haunts are easily spotted – and make no mistake: you may only be a few miles from the reality TV boutiques of Brentwood and surrounds (where conspicuous wealth and private estates rub shoulders with the ‘Sarf ’ Essex underbelly of drug barons and contract shootings) but up here you’re a whole world away.

Nestled amongst gently rolling countryside lies the town of Thaxted – a place of real character, history, community and personality. The spire of its fabulous church and the sails of its much-admired windmill can be seen sneaking up from the horizon in artist Jane Helme’s location portrait that’s just one of a weighty set that collectively forms Thaxted’s People – a book just launched by photographer Andy Griffin. Interestingly (if you read about this year’s BIPP Student Awards also in this edition), Jane studied at Edinburgh College of Art as well as the Charles H Cecil Studios in Florence, before

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moving to Thaxted in 2010. She was born in nearby Great Easton in 1961.

Andy’s portraiture for this personal project has been done almost entirely in pairs – one situated in the studio and one on location – which is all well and good if you’re talking about 20 or so subjects. However, the sheer scale of Thaxted’s People is one of many elements that’s mighty impressive. It consists of no less than 150 people, with the book running to 352 pages in hardback. It took Andy four and a half years to complete. Even then we’re talking about photographing three subjects a month for a personal project, month in, month out. It’s pretty good going. But Thaxted is still a place where there is coherent community, and that’s probably why the project had legs and seemed to create its own energy. As Andy says: ‘Local people still stop and chat in the street – there’s a

hum about the place.’ Indeed, it’s far enough away from a mainline train station to not empty out each week day.

People live and work in the area and somehow it’s never been short of its fair share of characters. Certainly, this has a lot – if not everything – to do with Morris Dancing…

The first weekend in June sees Thaxted’s Morris Dancing Festival – involving hundreds of Morris men and women. It was here in Essex that the custom was revived by ‘Red’ Reverend Conrad Noel in the early part of the 20th Century. Around the same time Gustav Holst wrote The Planets on

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Reverend Philip Tarris, Priest-in-Charge

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All images © Andy Griffin

Simon Ritchie, artist and musician. Guitarist with 1980s’ New Wave group The Nice Men. Owner of a fine 1933 Morris Cowley

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Thaxted church’s Lincoln organ. Somehow this kind of culture becomes part of the DNA of a town and its people mysteriously appear to echo it through the decades. This became apparent to Andy when he moved to Thaxted in 2005. He says: ‘I was surprised by the variety of personalities and characters and decided that I’d like to create something simply as a personal project initially. After the first portraits, the idea snowballed by recommendation – I never intented to photograph 150

different people.’ The result is a limited edition hardback cofee table book of which 500 copies have been printed.

It’s been launched through an exhibition at Thaxted church and Andy is hopeful that he’s pitched the investment just about right: ‘It has cost a lot to do this in money terms, but that’s nothing compared to the time and energy

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ABOUT THE IMAGE (BELOW, LEFT): LIGHTING DESIGN Canon 5D Mk 2 • 1/125th • F5.6 • ISO 500 24-70 2.8L • Focal length: 42mm Simon’s late wife bought this Morris for him and they were frequently seen around the town together in it. I suggested an early evening shoot, in order to show the car headlights and use the lighting to give a ‘still from a movie’ feel. The main light was a beauty dish to camera left aimed at the driver’s face, slightly feathered. A fill light with barn doors was added camera right as the car and ground were in complete darkness. To lift the background and give the image more depth we added one light behind the car pointing towards the wall at the back of the garden, and one light camera left behind some trees. A speedlight was then put on the back seat of the car to illuminate the roof and give some separation from the driver and car interior, and then a softbox was placed in front of the car lifting the shadows slightly. The smoke machine was fired up to the right of camera. and then left to settle just to add an element of haze to the image.

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Image Š Andy Griffin

Jake and Max Rendell.

For the past 12 years the brothers and their family have cooked for the eldery each Christmas at a local day centre.

Born in Thaxted, the brothers played for most of the local sports teams.

Jake is a waiter and bartender whilst Max is a successful model.

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Clive Saych & Son was established in 1989, with son Neal (centre) running the business from 2010 after Clive passed away.

Ali Perry (left) and Rob Hibbs (right) joined as the business grew.

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absorbed by meeting, reseearching, creating the ideas and photographing the group. If I’d thought about it too much doubtless it would never have happened. It must total thousands of hours – a hell of a lot no matter how you count it but it’s been the most interesting and exciting thing I’ve ever done as a photographer.’

What’s immediately obvious from the set of work is that there’s been no formula at work here. Each portrait is its own creative project – so much more than just rocking up with a couple of lights. Andy confirms: ‘Lighting, sussing stuff out, trying to get the idea to come to life in each portrait – yes I guess each one is totally different. I was looking to make them aesthetically interesting and impactful.’

As one subject recommended another, people started to talk and Thaxted’s People took on a life of its own.

Andy comments: ‘I kept on going until I personally felt it was complete and covered a cross-section of types and stopped when it came to similarities. There were times when I thought I’d bitten off more than I could chew because I suppose I was aware of the benchmark I’d set creatively with the work and there was some personal pressure to maintain it – but that’s the reasoning behind a personal project… to put yourself under the cosh

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ABOUT THE IMAGE (LEFT): LIGHTING DESIGN Canon 5D Mk 2 • 1/125th • F8 • ISO 100 • 24-70 2.8L • Focal length: 54mm The three Poker players are builders from the project, and I wanted to create a smoky poker room with whiskey, cigars, and the poker set. The main light is camera right at 45 degrees pointing towards the players. A fill light softbox is camera left filling in the shadows. To give the image a more dramatic feel, I added two hair lights behind the guys left and right, with a final snooted light on the backdrop behind centre. We filled the room with smoke and then let it settle down. After a series of cigar shots, we decided on some shots showing one player winning with the others looking disgruntled. The final shot took around six attempts to get the cards in the right place.

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a bit. I did fit some of the portraits into quieter periods, and I got better and more focussed and organised, especially with the studio work. I started to book studio days and try and get perhaps eight people through during that day.’

Andy himself has born in Reading and at age 16 joined the Royal Marines Commandos, serving five years with 40 Commando RM. After various jobs in ‘civvy street’ he returned to education and took a degree in contemporary music at Brunel. He subsuquently worked in music publishing. It was in 2004 that he photographed his sister’s wedding and his photographic hobby became a business. Since then his work has spanned weddings and portraiture but there’s no doubt that successfully undertaking Thaxted’s People to such an accomplished level has changed everything:

‘Since the start of the business I had always wanted to undertake a serious personal project as a personal goal.

Professionally, I wanted to improve my skillset and have a canvas on which I could experiment with lighting styles and build on my working experience to establish my own style of portraiture. I don’t think I envisaged it going on for four years though. We’re currently building a new purpose-built portrait studio and the project has certainly given that extra zeal and has made me more excited about my photography. I would like to look into further book projects in the future, assuming we manage to shift

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Left: Georgia Hobbs Born 1993

Right and below: Penny Steele. Born 1950. Retired model and teacher. Penny was 16 when she met her husband David – a local farmer who owns land in the Thaxted parish.

Her modelling career started after she was spotted at a party, resulting in a feature in the Daily Mail.

She was photographed by Brian Duffy for the Pirelli Calendar in 1973.

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this one!’ Andy has resisted the temptation to produce too many copies of Thaxted’s People. It’s a trap that so many fall into, lured by the economies of scale of litho printing only to find three years down the line that there’s oh so many boxes lurking under the stairs. Andy comments: ‘Yes, I’ve tried to keep a hard realist’s head about it. Considering the project gathered a certain amount of momentum it would have been easy to think that the market for the book was greater than I think it is – I’d much rather sell out of this one and be getting ready to start the next project than be staring at unsold books long into next year. I could have kept on going and going, considering it started out as a collection of 20 to 30 people, photographing more and more subjects

– there was certainly the demand out there to be part of the book, but I had to keep an eye out for the moment when it would become too big and hence lose impact and be just too costly.

I recognised I’d got where I wanted to go – encapsulating a cross section of the people who inhabit a medieval market town in rural Essex. tP Thaxted’s People is available to buy from Andy’s website www.andygriffinphotography.com/thaxteds-people/ priced £60 and also from Amazon.

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Joe Hobbs. Born, Leytonstone 1935. He has been a Thaxted Morris Man since 1968 and a thurifer in Thaxted Parish Church for over 50 years.

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ABOUT THE IMAGE (LEFT): LIGHTING DESIGN Canon 5D Mk 2 • 1/125th • F8 • ISO 100 • 24-70 2.8L • Focal length: 70mm The Archer forms part of the Thaxted Morris dancers, and in particular is one of the main characters in the Abbots Bromley Horn Dance. This is an ancient street dance/parade which is carried out every Morris weekend in Thaxted, and happens around 10:30pm. I wanted the studio shot to depict the nighttime feel of the Archer so I turned the neutral grey background to black by keeping all lights away, pointing them towards the subject. The main light was a beauty dish, slightly feathered so that it was skimming across the Archer’s face, picking up the bow and his hands. The hair light behind left provided his shape, with a white reflector front left, to fill in some shadow detail on his robe.

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Fujifilm / Original Photo Paper

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What it takes to be original Why a world-famous French ‘photo-God’ prints on Fujifilm Original Photo Paper and uses a small independent studio in Newark

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conic American fashion photographer Herb Ritts (1952-2002) once remarked: ‘The French highly promote culture and the arts… and photography is in their blood.’ He could have been talking about Michel Haddi, another prolific and richly-talented, world-class fashion photographer. Michel (60) once dubbed by The Independent newspaper as ‘The king of celebrity snappers’ is more than doing his bit to promote culture and the arts… both as an internationally renowned photographer whose talent was weaned on the pages of magazines such as Vogue and V anity Fair, and the owner of a publishing house dedicated to telling compelling stories in pictures in magazines, unique calendars and ‘fashion bookazines’.

Photography is certainly in his blood too.

His sold out book I Love America, Don’t You boasts 260 pages of celebrities like Angelina Jolie, Cameron Diaz and Clint Eastwood – shot ‘like you’ve never seen before’. Each copy of his book The Legend – David Bowie has been hand-signed in a limited edition of 500.

Not unexpectedly, this demonstrably patriotic Frenchman also comprehensively covers Paris in The Blue Hour and Paris, Dream on Baby and there’s just one copy left of his take on The Story of ‘O’ – the erotic 1950s tale of sex, domination and passion – again set by Haddi in Paris and titled Blue, A Whipping Delight. Yours for £6,000.

Somewhat ironically, the man who has spent decades photographing some of the world’s most beautiful women across a comprehensive range of styles and poses, was actually raised by nuns in a convent. ‘They gave me a strict moral code which I still live by today,’ he confirms.

Michel began adult life as a construction worker – until the day he happened upon a Helmut Newton image on a Vogue cover.

‘That was it,’ he enthuses. ‘I immediately loved his work and the profession of

“I was actually raised by nuns in a convent… they gave me a strict moral code which I still live by today.”

Celebrity and fashion photographer Michel Haddi.

Portrait of Haddi, left.

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photography. I adore beautiful girls too… and I thought it would be a much better idea to photograph people than spend my time down a mineshaft for £50 a week.’

He managed to blag himself a job as a photo-assistant in London which led to fashion commissions with high-end magazines and then advertising shoots for luxury brands.

‘I remember being very proud of one of my first shoots for British Vogue, as I tried an anamorphosis (distorted projection) technique – something no-one had dared to do at that time. The editor-in-chief at the time sent me a special congratulations card.’ And despite photographing countless big names over the years, he says that he hasn’t had to suffer a prima donna moment from any of them. ‘I’ve been lucky.

I think I am like a good doctor… people just trust me.’

Fujifilm / Original Photo Paper

perfectionists. I am sure that helps! I have worked in a large prolab before coming to Newark 22 years ago and sometimes size and volume means some work doesn’t get the attention it really should. Quality control can become an issue as you get bigger.

‘My partner Steve Watson and I will never allow any product out of our studio unless we are 100% happy with it.’

The creative connection Why does Michel work with Cre8 and insist on Fujifilm Original Photo Paper? These days, Michel splits a lot of his time between London and New York – but when he is in the UK he insists on using Cre8, an independent Newark, Nottsbased studio he has had strong connections with for years.

‘Cre8 is a very special studio for me,’ he says. ‘They just give me what I want. Always and without fail. In my experience the smaller the organisation, the harder it will work to give you the very best service possible and go the extra mile when necessary.

‘The secret for me is to first know exactly what I want to achieve and then work with the lab to make sure it happens.

I guess the analogy might be that sometimes you don’t need to spend £20,000 on a camera. Sometimes a far more costefficient £500 device will do the job.’

Michel has been working with Fujifilm for the past 35 years. ‘I used to work extensively with Fujiflex silver halide papers – I must have thousands of prints on that medium,’ he notes. ‘I believe that Fujifilm paper is simply the best in the world. My recent exhibition in Florence was output on Fujifilm Original Photo paper… the quality is simply outstanding.’

Small is beautiful Ask Cre8 owner/partner David Gates the secret to winning and keeping a major customer like Michel Haddi and he confesses: ‘There is no doubt about it, we are control freak

Michel Haddi’s exclusive photo book on David Bowie: ‘I believe that Fujifilm paper is simply the best in the world.

My recent exhibition in Florence was output on Fujifilm Original Photo paper… the quality is simply outstanding.’

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Fujifilm / Original Photo Paper

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Cre8 Studio reception in Newark with print work on display

Cre8 has been in the Fujifilm camp for over four years now. ‘The best move we ever made,’ he adds. ‘Fujifilm Original Photo Papers are simply the best on the market.

Customers love the colours, the stability and the durability of the range… we never have any problems.’

The studio has been working with Michel Haddi for five years. Says David: ‘I remember getting a call from him asking about our service. He needed high-res scans and retouching capability. He brought us a small batch of images which were going into a book he was producing. He loved the results we produced and he has been a regular customer ever since. He also has a lab he uses in Paris but he prefers to use us whenever he can.’

“Fujifilm Original Photo Papers are simply the best on the market.

Customers love the colours, the stability and the durability of the range… we never have any problems.”

David Gates & Steve Watson, Cre8 Studios

Cre8 recently printed, packaged and despatched over 60 largeformat exhibition images (output to Fujifilm Pro Gloss paper) to Florence, where Michel was having an exhibition.

‘To be honest the packaging, which took us hours, was more of a challenge than the printing,’ admits David. ‘One wrong move and we would have had to reprint. We were working on very tight deadlines.’

Working with world-class professionals enables small studios like Cre8 to be flag-bearers for small independents within the Fujifilm FDIS network: ‘I think it’s great for our industry generally that big-names are prepared to work with smaller outfits where they know they can get exceptional and bespoke service,’ concludes David.

And Cre8 can look forward to many more years working with Michel, as he has no plans to retire. Ever. A martial arts expert with over 40 years’ experience (and a book dedicated to his kick-boxing son) he concludes: ‘I am a mercenary. I am always thinking about the next gig.’

For further information see: www.michelhaddistudio.com www.cre8studios.co.uk Learn more from the new Fujifilm ‘Original’ photo papers website: www.originalphotopaper.com

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This year’s BIPP College and Student Awards are once again dominated by Scotland and the North of England.

With a quality of work that is even more impressive year on year, the Awards represent the strength of creativity amongst up and coming photographers

BIPP College Award 2017

Winner / Leesa Tulloch ABIPP / Edinburgh College

Leesa was born in Calcutta, grew up in Ayrshire and educated in Edinburgh before graduating from Goldsmiths University with a BA (Hons) in Anthropology. She was given her first Nikon SLR shortly before the birth of her 4th daughter whilst living in South Africa. Leesa says: ‘I have never liked reading manuals and so took myself off to evening classes at The Cape Town School of Photography where my love affair with the camera began. I have always photographed children – mostly my own – but it wasn’t until my return to Edinburgh that I decided to make a career from it and enrolled at Edinburgh College, completing the BA in photography this year.

The course allowed me to experiment and develop my style over the three years with the support of lecturers culminating in my portfolio, Remains From The Past. My most recent work has been classically inspired, drawing on childhood memories of paintings by English and Flemish Masters. Past and present are juxtaposed through the careful use of props, styling and lighting to create portraits that are anchored in history yet contemporary in style. The resulting images aim to capture the essence of the sitter in a way that is beautiful, striking and emotive.

Moving forward, I hope to become a social portrait photographer, known for my distinctive style which I hope to develop further with another project next year.

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All images © Leesa Tulloch ABIPP

Winner / Leesa Tulloch ABIPP / Edinburgh College

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BIPP College Award 2017

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BIPP College Award 2017

Joint Runner Up / Findlay MacDonald / North East Scotland College

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All images © Findlay MacDonald

Findlay comments on his work: ‘It wasn’t until I was about 15 or 16 when studying surrealism in art class that I thought that I could try and combine my surreal / artistic ideas with my photography, so I started to play about with photoshop and found a love for it. My most recent project titled ‘Lost’ was for my Graded Unit 2 to complete my HND at North East Scotland College in Aberdeen. The idea behind my project came from wanting to try and portray the feelings that people with depression and anxiety have and to try and make it a topic of conversation that people don’t feel uncomfortable talking about. Growing up in modern society can be tough and young males especially don’t like talking about it which is why I wanted to try and portray it through this series of images. I want to take my surreal photography a lot further and it is something that has endless possibilities. Becoming a fine art / surreal photographer is something that I would love to be able to do full time, however for the time being and am going to carry on coming up with new ideas and expanding this series of images without the time constraints of college!

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BIPP College Award 2017

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All images Š Francesca Morrison

Joint Runner Up / Francesca Morrison / City of Glasgow College Francesca has been photographing horses for around seven years. She started photographing her own pony and from there went on to attend events with friends photographing their horses as well, soon progressing to work with event photographers and covering events all around Scotland.

She comments: ‘I started off studying photography in 2011 and from there went through the levels from NQ to HND. After I finished up in college I decided I wanted to study for my degree and studied at City of Glasgow college.

In the last year in particular I would say my work improved a lot. I got good support with my equestrian work and was lucky enough to have been asked to represent them in the college awards for BIPP. Now that I have finished university my ambition is to keep working at my equestrian photography. I am currently trying to get more exhibitions going and in the future would like to be travelling with my work around the country focussing on commercial work with horses.’

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BIPP Student Award 2017

All images © Gavin Smart

Student Photographer of the Year 2017 Gavin Smart / Edinburgh College / The Railway Project

Born in Scotland, Gavin originally trained as tuba player, studying at London’s Guildhall School of Music and Drama, and briefly flirted with a career as a freelance musician. After leaving London, he spent a number of happy years as an artisan baker and pastry chef, travelling to Paris, France and wherever the traditional art of French craft baking took him, working for top French boulangerie, Eric Kayser.

Professional photography came calling a few years ago. He says: ‘After some early success I decided the time was right last year to sign up to an HND at Edinburgh College. This last academic year has been a fantastic learning experience, providing me with the time, space and skills to develop my creative practice, whilst learning techniques which

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Student Photographer of the Year 2017 / Gavin Smart / Edinburgh College

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All images Š Gavin Smart

BIPP Student Award 2017

will last a lifetime! I intend to continue to develop as freelance professional, working and assisting in the UK and beyond.

My submission this year, The Railroad Project, was a very personal series for me. Combining my love of building and detailing scale models with an intimate portraiture series, featuring very close family and friends, all of whom have played an important part in my life. Working with my father, together we constructed model scenes and dioramas, shooting these in real life locations around Scotland. These are combined with composite studio portraiture to produce a homage to the classic large-format documentary images of the 20th century. This project has been extremely successful and we are already expanding the series into a much larger body of work, to develop the narrative into a wider look at 20th century American culture and history, all of which the railroad bore witness to.

See Gavin’s my website at: www.gavinsmart.com

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BIPP Student Award 2017

Merit / Stephanie Carlin LBIPP / Commercial / Batley School of Art

Stephanie has graduated from Batley School of Art where she received a 2:1 on the Ba(hons) Contemporary photographic arts degree course. She says: ‘I am currently working on building and rebranding my business and experience as a freelance photographer in my preferred genres – which are hair and beauty, glamour, pageants as well as cosmetic products, fashion and creative shoots. I’m also working freelance as a photographer and retoucher at three makeover photography studios. My goal in photography is to become successful in the areas of photography I love, and ideally will venture from Huddersfield to live in London or New York – I believe in myself and am proud of all my achievements for far. My collection Plastic Fantastic Material Girls shows my huge interest in colour which is a key factor in all my work. I like to explore a previous project called Style effects further within lots of my personal work, and I love to explore how styling (hair, make-up, clothing) as well as the power of retouching can have a huge impact on how we look at and see images that are put in front of us.

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All images © Stephanie Carlin LBIPP

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All images Š Stephen W Dunn

Merit / Stephen W Dunn / Portraits / Edinburgh College Stephen W Dunn is a mature student (57), who after 38 years working in industry decided to formally study a subject that has been a life-long passion. He says: ‘I bought my first camera, a Canon AE-1, in 1977 and have been taking photographs ever since. Having researched the various full-time courses open to me in Edinburgh, and elsewhere, I landed on the Professional Photography Course at Edinburgh College because of the tremendous reputation of the lecturers, all former industry practitioners, and the quality of the students they produced, evidenced by the successes in the BIPP and AOP Awards.

The course has been a real challenge, principally through re-entering education after so long. However, the lecturing team provided wonderful support to help me adjust to the extent I now look forward to my BA year and the challenges and opportunities that brings.

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BIPP Student Award 2017

My main ambition is to be the best possible photographer I can be. Portraiture and documentary photography will be the main areas I focus on going forward and these, allied with my interests in theatre and music, will hopefully give me fertile ground to develop my craft and creativity. Already I have been commissioned to do advertising work for Hibernian Football Club, portraiture for the Scottish Gallery and corporate work for The Royal Lyceum Theatre.

I have also been published in Country Life.

Above (left): Malcom MacFarlane with the Edinburgh College Big Band. Malcolm recently received the Scottish Arts’ Council funded Scottish Jazz Award for guitar. As a jazz guitarist he has gigged, toured and/or recorded with many musicians from all over the world.

Above (right): Robbie Jack, Actor. Robbie is a well-known Scot’s actor both on stage and television. He is seen here rehearsing for a play at The Royal Lyceum Theatre.

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BIPP Student Award 2017 / OPEN

Winner / Ryan McCann / Edinburgh College / Communication Breakdown Ryan explains the context of his work: ‘I am from Edinburgh and have just completed my BA degree at Edinburgh College. The project these images are from, titled ‘Communication Breakdown’, explores issues in society arising from modern communication. I wanted to show the irony that the devices which were intended to bring us together have allowed us to separate entirely from the people and world around us.

‘I love constructing images which say something about today’s society, taking inspiration from everyday scenes and personal experiences so the viewer can imagine themselves as the subject. My career ambition is to create a long-term documentary project using funds from commercial, advertising and events photography.’

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BIPP Student Award 2017 / OPEN

Runner Up / Laura Feliu Lloberas / Edinburgh College / The Deconstructed Self

All images © Laura Feliu Lloberas

Laura Feliu is a 26-year-old photographer based in Edinburgh but originally from Barcelona. Soon after she moved to Scotland Laura did a short course to learn the basics of photography, which was mostly spent experimenting with black and white in the dark room. A year after, she started a Higher National Diploma in Professional Photography at Edinburgh College and this year graduated with a Bachelor of Arts in Photography from Gray’s School of Art at Edinburgh College.

‘The Deconstructed Self ’ is a photographic series that was worked on for her final year. Laura comments: ‘I would say that I have always been interested in portraiture – however in this project I focused my work on building scenes using props and objects found in daily life; in these I created colourful and graphic images using myself as well as the subject photographed in the studio. The performance of being the sitter, photographer and viewer all at once is part of my practice to express my concern as a photographer and its perception as non-art. My response plays with commercial aesthetics to apply the glossiness, studio lighting and colourful tableaux vivant type as an inspiration to bring photography beyond the depiction of reality to a more playful medium that communicates about the absurdity of our times. I’m not a hundred per cent sure what the future holds but I would like to believe that photography still has a lot to offer and deserves a better representation in the Arts Sector. This September I’m starting a MA in Arts and Cultural Management at Queen Margaret University and I’m also going to be doing a Photography Residence at Edinburgh College that will support my practice as a photographer.’

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BIPP Student Award 2017 / OPEN

Merit / Magdalena Walczak / Edinburgh College / The Most Hated

All images © Magdalena Walczak

Magdalena is a food and documentary photographer based in Edinburgh. She grew up in Poland and received a Masters from Wrocław University in Engineering and Economics. Her love of photography began at that time but she ‘never felt brave enough to follow my dreams until I have moved to Edinburgh’. There she attended Edinburgh College and completed a BA in photography.

Magdalena says: ‘When I photograph, I choose the elements that I wish to freeze in time, making conscious decisions to capture natural lines and patterns or graphically appealing designs. I focus on attention to detail and my goal is to tell the story of food within a frame. As a photographer and mother, I look at the subject of nutrition from different perspectives. My work is not limited to mouth-watering food images. Food is not only what we see on the plate or what is necessary for life – in my work, I’m focusing on food as on philosophy, which deals with many of the existential and social problems of the 21st century. I’m always ready to experiment with food as a subject.’

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Arts University Bournemouth

The making of an MA: Commercial Photography Image © Paul Wenham-Clarke

Three years ago Professor Paul Wenham-Clarke FBIPP set about creating a photography MA at Arts University Bournemouth that he would have wanted to discover himself. We discuss the basis of the course and its place in a commercial context

T

he MA Commercial Photography course at Arts University Bournemouth is highly practice-focused and offers an exciting combination of art and commerce. It is led by Professor Paul Wenham-Clarke FBIPP and students are able to engage with a breadth of creative practices including advertising, fashion, editorial, documentary and fine art photography.

When the course was written, it was very much designed in Paul’s own image. He says: ‘I wrote it in a way I would have liked to have found an MA when I went looking 15 years ago. I wanted students to do undertake bigger projects which would be seen by the public and encourage people to experiment and take risks.’ One of the key offers from the course is the high-level raft of industry mentors that Paul has gathered: Spencer Murphy, Jane Hilton, Zed Nelson, Julia Fullerton-Batten, Gary Salter, Frank Herholdt, Rob Payne and Tim Paton.

It’s an impressive list that substantiates the ideas of commercial nurturing and on-the-pulse guidance. The course is designed for ambitious photography graduates, or experienced photo­graphers who wish to develop their knowledge and expertise in order to reach the very top of their field. It operates on either a full or part-time basis.

Paul continues: ‘It suits a lot of people who are already photographers, making work but who want to expand their horizons. There are varied backgrounds – students

may have been a working photographer for many years, and have to prove that they’re academically capable of doing the MA – that can be through your career record. Then there’s those who have come straight from BAs and the career changers – the majority of whom are female.’ Paul sees that as photography has become more accessible, people start Issue Three / 2017 / the PHOTOGRAPHER 53

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Image © Andy Cope

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to consider themselves more as freelancing artists rather than the classic ‘jobbing photographer’, which was more of a male-dominated domain. The MA seeks to educate the business side of being self-employed and expects students to go through the full process of producing a business plan. Expanding further on the financial side of the business, the course looks to foster an entrepreneurial attitude too: ‘It’s about “Who wants this”, “How many people would want what you’re producing?” or “How can you translate to a commercial audience?”’ says Paul.

‘For example, you might shoot a documentary style but you could produce fashion work in that style. And then it’s important to understand the career trajectory – you might make money from a style of photography in other ways that help you get noticed and receive funding.

Whereas there are some students out there who are saying they’re not interested in commercial work at all.

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who operate with a strong commercial realism.’ Paul has seen a sea-change in the incoming attitude of the average student since the adoption of tuition fees. He says: ‘The university experience is a lesser element in the mind now. At AUB there’s a strong focus on where your career sits at the end of it. As a tutor you can tell when someone’s going to make it but there’s always a danger in the modern world where creative selfdoubt can set in and others are able to undermine ambitions. It’s the downside of a world driven by social media and there is pressure to constantly “be the successful photographer”. You’re supposed to pump out this “everything’s brilliant” at al times. Coping with that

Image © Sarah Goad

is certainly part and parcel of the commercial world.’

The MA course currently has 24 students, which allows individual tailoring and response. Paul explains: ‘Especially if you do the MA part time, people can obviously change a lot in two years as a photographer. When the confidence builds my role changes and I think that’s a vital part of the course and support

structure. Typically there’s still a strong feel for shooting on film. It’s great and it’s lovely to have that craft but at the same time you have to be excellent at digital to thrive.

And then again, video has become as important as digital manipulation and that is echoed in the MA. I have seen a few instances where students have done very well, very quickly, and then have dropped out of favour just as fast.

It’s far better to be the workaholic and be creative and different. That’s what creates longevity in the industry – it’s the basic ethos of the course.’ tP Issue Three / 2017 / the PHOTOGRAPHER 55

BIPP / Company partners

Spectrum is a professional imaging lab specialising in fine art and photographic printing as well as archival mounting. Situated in the heart of Brighton, our work has been exhibited in art galleries and museums worldwide: we are proud of our reputation for high quality and pride ourselves on providing excellent customer service. Founded in 1993, Spectrum is one of the UK’s leading photographic printing and finishing centres.

10% discount available for all BIPP Members - use link in the Members Area at www.bipp.com www.spectrumphoto.co.uk

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BIPP / Company partners

Founded in 1958, with its product brands, broncolor and kobold, broncolor has developed over the past half-century into a ‘global player’ in the international market for professional lighting systems.

The challenge of consistently meeting your needs and repeatedly surprising you with innovations is our motivation – and light our passion.

Our goal is to produce State of the Art products, housing in a corporate and modern design including broncolor’s technological innovations and guaranteeing an unbeatable quality standard. This is also what you expect from us in your daily work in the studio or on location. www.bron.ch

Founded in 1965, AC Cooper has been providing quality Photography & Print services from our base in London’s prestigious West End (W1) for 50 Years. Print has been a defining part of our heritage, sourcing optimum grade materials available to us.

Holding a Hahnemuhle certified studio accreditation provides our clients with added assurance that we have the expertise required to deliver. Offering mounting and framing services, our experienced team will endeavour to assist with your project. www.ac-cooper.com

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BIPP / Member Benefits

Law Express is the BIPP legal advice and helpline provider and is a benefit available to all fully qualified BIPP members. If you ever have any concerns regarding legal or business issues Law Express are the people to call.

Their services include access to a free 24-hour telephone advisory service on legal issues and links to both personal and business-related legal issues. All of these features can be accessed via the Members’ Area of bipp.com, under the ‘Benefits & Discounts’ tab.

Infocus Photography Insurance provides protection for Photographers & Video Makers. Helping to protect your business and recover from catastrophes as quickly as humanly possible. As a member of the BIPP you will benefit from a generous discount on all of our policies.

If you’re confused by the world of insurance then we’ve broken down our policies into digestible chunks: www.infocusinsurance.co.uk/insurance-explained/ Read our latest blogs for helpful tips, advice and industry news www.infocusinsurance.co.uk/blog/

Visit our website www.infocusinsurance.co.uk, or contact our experienced team on 0161 925 5051 for a quotation.

All we can ask is that you try us out, we hope you will be pleasantly surprised.

PROFESSIONAL PHOTOGRAPHY AWARDS 2018 ANNOUNCEMENT Open for entries as of 1 November 2017. Deadline = Christmas!

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BIPP / Code of conduct

Code of Professional Conduct 2017/18 This Code of Professional Conduct is published by the Board of Directors of the Institute in accordance with Article 69 (g) of the Institute’s Articles of Association. The Code shall have effect from 13th September 2017 until amended or replaced.

THE CODE

By accepting membership of the Institute, each member agrees to be bound by this Code (including any amendments to the Code which may be made from time to time).

1 act professionally, fairly, courteously, honestly and with the integrity reasonably expected of a member of a professional body;

If a member is or has been, in the opinion of the Board of Directors, guilty of any conduct which breaches this Code, the Board may in its absolute discretion expel or suspend that member for such period and on such terms as it thinks fit.

In exercising its functions under the Code the Board shall have regard to the fact that purpose of the Code is predominantly, but not exclusively, to ensure that, in their dealings with their clients, members produce work of the high technical quality expected of a member of the Institute and behave towards their clients in a manner which upholds the good reputation of the Institute.

Other than in exceptional circumstances, it will generally not be an appropriate use of the Code of Professional Conduct, nor of the Institute’s resources, to adjudicate in matters of dispute between members.

The Institute reserves the right to charge a reasonable fee to cover the time involved and expenses incurred in considering a complaint under the Code but shall not be obliged to do so.

Members shall do nothing that may damage the reputation or standing of the Institute and in all their professional dealings and works shall:

2 maintain the confidentiality of information supplied to them or obtained by them in confidence; 3 exercise all reasonable skill, care and diligence in carrying out their duties and, where those duties are discretionary, act in good faith; 4 act in accordance with the law and all regulations applying to them including the Articles of the Institute and any regulations issued thereunder; 5 uphold the high professional standards reasonably expected by the Institute of its members; 6 not knowingly condone or assist another member to breach this Code; 7 co-operate with the Institute and any person appointed by it in an investigation into an alleged breach of this Code.

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BIPP / Regions & Events

Cotswolds Stefanie Calleja-Gera ABIPP stef@scg-photography.com

Midlands Paul Witney ABIPP linkingrings@hotmail.com

North East Kevin Weatherly LBIPP kevinweatherly@mac.com

EVENTS & DATES COMING UP

Topics • Looking at your own busines: what can you offer that is special and different?

A LOOK AT NEWBORN PHOTOGRAPHY Lyn Chapman ABIPP Wednesday 8 November 2017, 10am - 1pm The Red Lion, Cambridgeshire A jam-packed afternoon learning about the art of newborn photography.

Lyn will be bringing along her SIB (Stand in Baby), the worlds first fully articulated posing doll to demonstrate how to pose newborns safely during a session.

You will learn about equipment set up, safely handling babies and what it takes to achieve those perfect poses.

HOW TO BE A BRANDING SUPERSTAR

The Photography Industry is incredibly competitive. How are potential customers going to make that important decision – to choose you as their special photographer?

And it’s definitely not all about price.

Each one of us is unique because we are artists.

We all have our own individual styles and specialisms.

How can we stand out as unique and different? And even more challenging: how can we get our potential customers to realise that we are unique and different?

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• Identifying your competitors and the ones you especially would like to beat • Identifying the customers you want to attract: what will they be looking for?

• The Marketing Mix tools: Looking at the 7 Ps of marketing (Product, Price, Place, Promotion, People, Processes and Physical Evidence) and how to use each of these to develop a brand identity which will make you stand out from the crowd • Draft an action plan to move your business forwards successfully and profitably

Julia Boggio & Anne Derbyshire Wednesday 15 November 2017, 2pm - 5pm The Print Foundry, Croyon House, 1 Peall Road, Croydon CR0 3EX

This course will help us to understand our positioning in the photography world and how we can get our customers to perceive us as their photographer of choice.

• Understanding how some other highly competitive industries manage to stand out from each other (their USPs)

Who we are and why we know what we are talking about Julia Boggio has been running her successful photography business full time since 2005. In that time, she has grown her brand to become London’s luxury family photographer of choice in the high-end market. She has run a wedding business, a busy studio, and now is running a truly modern photography business out of her house, while raising two young children – and making more profit than ever before.

Anne Derbyshire is a skilled business trainer with an MA in Sales. She has been Julia’s marketing coach since Day 1 and has seen her through the many ups and downs of running a successful business in a creative and competitive market.

For further information and details on booking visit www.bipp.com/events 11/10/2017 18:16

North West Ioan Said LBIPP ioan@celynnen photography.co.uk

Northern Ireland David Campbell ABIPP marlin1@ btconnect.com

Scotland Jon Lee ABIPP jonleephoto@ o2.co.uk

FRESH STARTS...

South East Chris Harper FBIPP chris@bipp.com

Yorkshire Katrina Whitehead LBIPP katrinabipp @gmail.com

PORTFOLIO REVIEWS

After nearly a decade with BIPP, our Membership Manager, Murray Dobbie has decided to retire. By the time you read this, he’ll (hopefully) be putting up his feet and watching daytime tv. I’d like to thank Murray for everything he’s done for BIPP over the years – he will be missed.

Ten years ago Murray came in to help us move and he’s retired on a move – the Firs site is becoming completely residential and we have been approached by a number of people wanting to convert the offices.

A matter of weeks ago, the Board decided to test the market and the interest has effectively meant that we went to sealed bids. It’s been a crazy few weeks, but we have exchanged on the building and have just moved into offices in Aylesbury.

We’re using the move to improve our broadband speed and act as the catalyst for a re-focusing on BIPP’s core programme of qualifications, networking, professional development and support of members.

With a smaller, efficient office team working alongside a host of professional photographers, offering their support, we’ll be rolling out a training programme for Assessors, improving the mentoring system, putting concentrated support into regional networking and introducing new benefits and award programmes, which will help our membership of working professional photographers.

This will take a while, but we’ll keep everyone informed as developments take place. In the meantime, we’d better start unpacking...

Chris Harper

Tuesday 7 November 2017 - London If you are thinking of going for your first, or upgrading to your next, BIPP qualification you might like to take advantage of a Portfolio Review to gain an understanding of what you need to do to qualify and how long the process might take.

Portfolio Reviews offer professional photographers the opportunity to receive face-to-face advice on their work from one of BIPP’s Approved Assessors.

Our Assessors fully understand the requirements for qualification and are highly experienced photo­ graphers with a wealth of industry knowledge.

2017 QUALIFICATION ASSESSMENT DATES Wednesday 22 November 2017 Barnsley (Submission Deadline - 8 November 2017) 2018 QUALIFICATION ASSESSMENT DATES Wednesday 18 April 2018 - Buckinghamshire Wednesday 18 July 2018 - Venue TBC Wednesday 17 October 2018 - Buckinghamshire At least 2 weeks before Assessment (by the deadline date) the following items need to be sent to Head Office: • Completed Membership Application Form (for non-members) • Completed Qualification Submission Form • Submission Fee • 4 copies of your Supporting Evidence • Copies of Professional Insurance • Your disc of 25-50 images including digital copies of your supporting evidence

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South West Bella West FBIPP bellawest@me.com

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Business / Debt collection

A new process for debt collection D

espite several polite requests you find yourself in position where you’re getting nowhere and the debt remains outstanding. Your thoughts turn to considering the law.

But what steps do you need to take before you can ‘see them in court’?

Well, as it turns out, more than you may have thought.

Business creditors dealing with a debt claim involving an individual, as opposed to a business, currently have to follow the Practice Direction for Pre-Action Conduct and Protocols.

Until recently, it contained no specific pre-action protocol (rules) for debt claims. However, from 1 October 2017, the new Pre-Action Protocol for Debt Claims (also known as the Debt Claims Protocol) applies and businesses will need to ensure that they have complied with it when trying to collect debts owed.

Sarah Carlton, an associate at Fox Williams LLP, says it’s important to note that the new Debt Claims Protocol only applies to businesses (including sole traders and public bodies) claiming payment of a debt from an individual which also includes someone in business as a ‘sole trader’ – ‘the Debt Claims Protocol will not apply to debts from a business owed to another

A client is not paying their invoice, a trade account is going ignored, or the individual you’ve sublet space to isn’t paying. What’s the best course of action?

Adam Bernstein explains business (except where a sole trader is involved), and nor will it apply to claims issued by HMRC.’ The regimes The current position for debt claims is that a business creditor, or its legal adviser, will issue a Letter Before Claim to the debtor, in order to give them a chance to settle the matter before court proceedings. The Debt Claims Protocol seeks to formalise the process even before a Letter Before Claim is issued. Carlton says that in practice ‘this will likely mean that more work will need to be undertaken before even a simple debt claim is issued, the intention being that the parties try to settle the matter without the need for court proceedings while protecting debtors facing prospective legal proceedings from creditors.’ Where a firm, or its legal adviser, intends to send a Letter Before Claim over an unpaid debt, the Debt Claims Protocol aims to encourage early communication between the creditor and debtor without having to involve court proceedings.

Failure to comply with the new Debt Claims Protocol will result in case management directions (where the court will give instructions to the parties on how they are to manage the case) and possibly cost penalties if the matter proceeds to litigation. Carlton explains a court’s likely view on compliance: ‘It is worth pointing out that the Debt Claims Protocol specifically says that courts

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‘The debtor will have 30 days to respond to the Letter Before Claim once it’s been sent. If the debtor fails to pay the claimed debt, another letter must be issued from the creditor giving a further 14 days for the debtor to respond.’ are not likely to be concerned with minor or technical breaches. But what the courts will look at is whether the ‘substance’ of the Debt Claims Protocol has been followed.’

The new Debt Claims Protocol process The Debt Claims Protocol requires that a standardised Letter Before Claim be sent to a debtor and that it contains particular information: a. The amount of the debt, any interest and/or other

charges claimed by the creditor

b. The date of the agreement following which the

money is owed and the parties to it (whether made by written or oral agreement)

c. Where the debt has been transferred to a

different creditor (ie ‘assigned’) details of the original debt and creditor and details of the assignment

d. If the debtor has offered to pay, an explanation of

why the offer or payments from the debtor are not acceptable to the creditor and why a court claim is still being considered

e. Details of how the debt can be paid and details of

how to proceed if the debtor wishes to discuss payment options with the creditor

f. An up-to-date Statement of

Account for the debt (including charges and interest claimed), an Information Sheet, a Reply Form and a Financial Statement Form (as annexed to the Debt Claims Protocol)

g. The address to which the Reply

Form should be sent

‘As can be seen from the list above,’ says Carlton, ‘a Letter Before Claim requires much paperwork and much effort on the creditor’s behalf. Everything has to be sent by post unless the debtor has made an explicit request to the creditor (ie not included in the creditors standard terms and conditions) that correspondence should not be sent by post, but by some other means for which alternative contact details have been provided. If this is the case, the creditor should use those details when sending the Letter Before Claim.’ She says that it’s clear that requiring the Letter Before Claim (including all accompanying documentation) to be sent by post seems to represent a technological backward step by the courts.

In terms of process, the debtor will have 30 days to respond to the Letter Before Claim once it’s been sent. If the debtor fails to pay the claimed debt, another letter must be issued from the creditor giving a further 14 days for the debtor to respond.

If the debtor sends a reply, they should use the Reply Form and enclose any documents requested by the creditor or use it to request documents from the debtor. If the debtor does ask for further documents to assist or help g Issue Three / 2017 / the PHOTOGRAPHER 63

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g

them understand their position, the creditor should send these within 30 days of the request.

Where the debtor sends a reply stating that they are taking legal advice, the creditor then has to allow them a ‘reasonable’ period to seek this advice.

If the debtor sends a reply requiring time to pay, the creditor and debtor should aim to reach agreement on repayment terms based on the debtors’ means (as set out in the Financial Statement Form).

Carlton sums up the thrust of the process – that creditors should seek to take ‘pro-active’ steps to engage with debtors whatever their response to a Letter Before Claim, even if the Reply Form has only been partially completed. She adds: ‘The creditor should make attempts to contact the debtor and obtain any further information that is required to appreciate the position of the debtor.’

Of course, the parties may not be able to reach an agreement or resolve the debt repayment, in which case both should take steps to resolve the dispute without starting court proceedings.

Here Carlton says that they should consider other forms of Alternative Dispute Resolution (ADR), for example ‘a without prejudice meeting’ or mediation. ‘Again,’ she explains, ‘the obligation remains on creditors to consider the cost against the benefits when deciding whether to proceed with ADR – it may be the case that the amount of debt claimed does not justify such a process.’ Unfortunately, if the parties do reach an agreement and the debtor later defaults, the whole process must be restarted and a

SMEs affected by late payments According to the Federation of Small Businesses (FSB)*, SMEs are tied up in disputes that collectively involve some £11.6bn.

The FSB’s report, Tied Up: Unravelling the dispute resolution process for small firms, shows that nearly three quarters (72%) of small business legal struggles are down to late or non-payment. It appears that most small businesses (70%) have faced at least one dispute in recent years, and on average, the amount under dispute is £18,000 – even worse, it can cost a small firm a further £17,000 in time and money spent in dealing with the problem.

It goes without saying that these disputes can be devastating for small businesses, ranging from short-term cash-flow difficulties right through to insolvency.

Interestingly, the report found that small businesses are most likely to deal with a dispute informally or semiformally (43%), either privately or using an advisor, such as a solicitor or an accountant. Only 19% of firms took their most recent dispute to court and less than one in 10 (8%) used alternative dispute resolution, such as mediation or an arbitrator to try to resolve their dispute – a number that will no doubt rise from now on. The FSB reckons that half a million businesses (17%) were left with their most recent dispute unresolved. * https://www.fsb.org.uk/media-centre/press-releases/ billions-tied-up-in-small-business-disputes

new Letter Before Claim will need to be sent to the debtor.

It does appear that the Debt Claims Protocol allows what may seem generous time allowances at each stage.

Carlton says that only time will tell whether individuals will use the new rules to frustrate collection actions against creditors, and whether the front-loading of costs onto the creditor pre-hearing may prevent creditors from pursuing all of their debt actions – ‘creditors who regularly have to claim money from individual debtors will have to consider whether the preparation work now required makes the claim worth pursuing.’ tP

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