Business

Domestic violence and abuse: the modern law

Domestic violence and abuse has always been with us – for years it was down played but nowadays attitudes have changed and the law has adapted to meet them. Domestic violence and abuse is any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. the abuse can encompass, but is not limited to: • psychological • physical • sexual • financial • emotional Controlling behaviour is a range of acts designed to make a person subordinate and/ or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour. Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim. a coercive or controlling behaviour offence came into force in December 2015. It carries a maximum 5 years’ imprisonment, a fine or both. Victims who experience coercive and controlling behaviour that stops short of serious physical violence, but amounts to extreme psychological and emotional abuse, can bring their perpetrators to justice. the offence closes a gap in the law around patterns of controlling or coercive behaviour that occurs during a relationship between intimate partners, former partners who still live together or family members.

Disclosure of Police records –under the Domestic violence disclosure scheme an individual can ask police to check whether a new or existing partner has a violent past. this is the ‘right to ask’. If records show that an individual may be at risk of domestic violence from a partner, the police will consider disclosing the information. a disclosure can be made if it is legal, proportionate and necessary to do so.

Domestic violence protection orders (DVPos) were implemented from 8 March 2014. Domestic violence protection orders are a new power that fills a gap in providing protection to victims by enabling the police and magistrates to put in place protection in the immediate aftermath of a domestic violence incident. With DVPos, a perpetrator can be banned with immediate effect from returning to a residence and from having contact with the victim for up to 28 days, allowing the victim time to consider their options and get the support they need.

before these reforms there was a gap in protection because police couldn’t charge the perpetrator for lack of evidence and so provide protection to a victim through bail conditions, and because the process of granting injunctions by the Family Court took time. that said in less urgent cases the use of the Family Court is still very helpful in obtaining injunctions restraining matrimonial misconduct including financial misconduct (where a freezing injunction can be obtained to prevent disposals of assets intended to defeat legitimate financial claims). If in doubt as to what course to take you should seek legal advice.

EDWARD LYONS

Email: enquiries@lyonslaw.co.uk Website: www.lyonslaw.co.uk Telephone: 01275 332168

An established and progressive law firm providing a personal and cost-effective legal service for commercial and individual clients.

l Family & Divorce Law l Co-habitation disputes l Inheritance disputes l Wills and Living Wills l Powers of Attorney l Administration of Trusts l Property – sales and purchases

OFFICES AT: Chew Magna 01275 332168 Westbury-on-Trym 0117 950 6506 Kingswood 0117 967 5252

Sometimes in business Granny knows best

HoWmany times have you heard the saying “don’t throw the baby out with the bath water!” lost count? Me too. the world we inhabit currently seems to dictate that we should always be moving on, always changing the way we do things and we are led, not least, by the intense and rapid nature of the changes made in technology. It’s amazing – but is it always for the best? now, to add a homely feel to this, I have taken a couple of pictures for you. the first is of my great-grandmother’s kitchen scales. as we have quite long generations in my family, we know that these were bought and used in the Victorian era. they are still in use now. they are the most accurate and robust balance scales and my baking has improved immeasurably since I took them out, gave them a thorough cleaning and began using them again. of course, it helps that I am used to pounds and ounces! secondly I have photographed the blade of my favourite bread knife. It was a free gift actually – to my grandmother – to celebrate the opening of the new bakery in blaenavon Co-op in 1936. It’s a really good bread knife and tackles my homemade loaves without a problem. right, so that’s the proof that old stuff can be really useful and the same is true for business. no matter how much brilliant equipment you have invested in (and believe me, I’m not saying that this isn’t a really good idea), if you don’t return calls, don’t turn up when promised, don’t offer a good value service, it won’t prevent you from losing your clients hand over fist. ultimately people just want the job done well at a price which gives value for money. as service providers we have to keep up with constantly changing rules and be highly alert and flexible whenever innovative ideas and equipment come onto the market. However, have you ever heard of anyone moving from their existing accountant, lawyer, dentist etc because they haven’t got the latest model of whatever they use? engineering, technology and innovation are great, but they don’t replace good quality service or a solid result for a customer or client. so, horses for courses, and if you have the equivalent of my great-grandmother’s kitchen scales in your office, or of my grandmother’s bread knife on your shop floor, don’t be in too much of a hurry to be rid of it.

Check its cost per use against the latest model before making any rash decisions and just make certain your investment in the latest technology is entirely worthwhile. and if it is, go for it! Personally, I love a new toy. best wishes to one and all, and stay well.

Jane Bowe, Probusiness

The importance of succession planning for farmers

HaVInGa succession plan in place will not only help to secure business continuity but also prevent a lot of heartache for loved ones, this is particularly relevant with farming businesses where often family and business are very much intertwined. For a start many farm properties include the family home and there will be family members who do not want to take on the family business but who you still want to benefit from a share of the assets.

What is succession planning?

Put simply, succession planning is about having a long-term plan in place for your business and not has many incorrectly believe retirement.

Why is it important?

For an individual business, succession planning can help to strike a fair balance between ensuring the business is passed to those who want it and providing a share of the parental assets for non-farming siblings.

Where to start?

Initially with a conversation, it is important to find out what each family member wants for their own future. this may not be an easy conversation to have but it is important that everyone in the family that might be affected is involved. What should be covered in a succession plan? • How the assets of the farm are owned • Who is occupying the land and buildings and on what basis • What each member of the family wants from the farm in the future • What is the long-term direction of the farm business

Understand the tax situation

there are two types of tax you need to be aware of: • Inheritance tax (IHt) – agricultural property relief and business property relief can help to reduce or eliminate IHt on farming other qualifying business assets. • Capital Gains tax (CGt) – giving away assets can trigger a CGt bill. It may be possible to claim Hold over relief, which allows any immediate CGt to be deferred, with the person receiving the gift taking over the gain of the original owner.

Wills and Partnership Agreement

a key part of succession planning is making sure that all members of the family involved in the business have valid Wills and, where appropriate, a partnership (or shareholder) agreement is in place. this will ensure ownership of the business ends up where intended to avoid family arguments in the future.

Pensions and investments

Pensions can play an important part in succession planning. they can provide a source of income or funds to buy farmland and/or property or provide provision for children who do not wish to be involved in the business.

If you are considering putting a succession plan in place, please call 01793 342323 or email Frank.Collins@mogersdrewett.com we are here and happy to help.

Surviving Covid –and an explosion

tWo years ago steve Hale was nearly killed in an explosion at his premises in Hewish. not only has he made a remarkable recovery, his business, sJH Machinery ltd, has continued to develop despite the pandemic.

It was on saturday, May 11th, 2019 that he decided to spend some time tidying his yard and was cutting the top off a 45gallon oil drum, for use as an incinerator.

He said: “It’s something I had done 70 or 80 times before. but there must have been a build-up of gas somehow inside. that’s the last I remember.” the explosion hit steve full in the face and was heard right around the area. He was put into an induced coma and his family was told to fear the worst.

What followed was months of treatment in five different hospitals. the brI reconstructed his face using 15 plates and 70 titanium bolts. slowly he recovered from post-traumatic amnesia.

He said: “slowly but surely, I’ve made progress, thanks to my wonderful family, friends and staff. It was suggested I might have to sell the business, but it’s my baby and I care about it, so that wasn’t going to happen.”

Instead expansion plans he had made before the accident went ahead, with new warehouses at Hewish and a new depot opened in tiverton, Devon. steve started his own business in 2008, after working for boulters in banwell, and now employs 15 people. the company is main dealer in the area for Kubota, Mountfield, stiga and Karcher covering domestic horticulture, professional ground care and agriculture. steve lives in lower langford with wife Jo and daughters evie, aged 11, and Gracie, aged eight. He also has a daughter, Whitney, aged 22, and son, Marshal, aged 20, from a previous marriage.

He said: “In a way this was a whole massive wake-up call. I’ve been extremely lucky. I love the business and hopefully as things begin to settle down we can continue to increase our coverage across the area.”

Your main Kubota dealer for Somerset and South Gloucester

Main Road A370, Hewish, Weston-super-Mare BS24 6SE

Charity’s fundraising appeal

A LOCALcharity which offers a unique place of refuge to people having a hard time is hoping to buy its site and so continue its work for decades to come. During the pandemic and lockdowns, its services have been needed more than ever.

Windsor Hill Wood is a family-based community, set in a woodland smallholding on the outskirts of Shepton Mallet, offering Christian hospitality to many, regardless of race, religion or absence of religion, gender or sexual orientation.

Started in 2010, the charity’s vision is to offer hospitality to all by providing accommodation, three meals a day and a rhythm of life which includes times of work, rest, optional prayer and play. Between three and five guests are usually in residence, some staying several months and others just a few days. Guests arrive for a variety of reasons – some because of an explicit personal crisis or as part of an addiction recovery and others because they are finding life difficult in their home environment. Some have been homeless, or in prison, whilst others are home or business owners.

Windsor Hill Wood also has many visitors and volunteers who visit the site and help with the day-to-day tasks. For them, it is a place of quiet connection with nature and an opportunity to recharge their batteries away from any daily challenges they may be facing.

Windsor Hill Wood is now at a strategic point in its development. It needs to buy the property and so ensure that this project can continue for many years to come. Most of the £650,000 funds needed for this have been raised through loans and donations, but the last £100,000 is needed.

Anyone interested in making a donation to the appeal can find the Windsor Hill Wood charity page at Virgin Money Giving.

Details: https://uk.virginmoneygiving.com/charityweb/charity/finalCharityHomepage.action?charityId=1020 442 or go to www.windsorhillwood.co.uk

Sisters raise funds for research

Bea (left) and Poppy

TWOyoung sisters from Ubley are raising money for brain tumour research in memory of a family member.

Bea, aged six, encouraged her class at Ubley Primary School to take part in a “wear a hat day to school” and also sold cakes to neighbours while, Poppy, aged three, took part in a “wear a hat day” at her Zoom toddler group.

Their mum, Kim Crawfurd, said: “It was my husband Christian’s sister’s husband, Piers who was known as Uncle Peas to us, who died from this disease. He was only 40 when he lost his battle with a brain tumour in March this year. We were all devastated.

“It sounds strange but although he had cancer, he never acted like it so it was a shock to us all in some ways. Piers lived in London with our family; but people from around the Chew Valley knew him because when he would come and visit us he was so chatty and kind, he found friends wherever he went

“After he died our girls wanted to do something to help others. They are very aware that their cousins are now growing up without a Daddy and they wanted to try and stop this happening to other families by helping to find a cure, hence why they have raised money for Brain Tumour Research.”

So far the girls have raised more than £100. Kim said: “I think it’s really terrible that although brain tumours are the biggest cancer killer of under 40s and children, just one percent of the national spend on cancer research is allocated to this devastating disease.”

Details: https://www.braintumourresearch.org/donate

Bike jumble is back

FROME’S annual Bike Jumble, organised by Frome's Missing Links in partnership with Frome Town Council, will be held on Sunday, June 27th.

Proceeds from the event, outside Frome Library, will go to Frome's Missing Links, which is working to get a family-friendly multi-user path built that will connect the town centre with the Colliers Way route to Radstock and beyond. l The sale runs from 10am-2pm. For details, visit: https://fromesmissinglinks.org.uk/