in:brief napthens.co.uk
SUMMER 2010 ISSUE FOUR
THE NEWSLETTER OF NAPTHENS SOLICITORS
Business Roundup Lancashire Business View’s editor, Ben Briggs highlights the importance of ‘confidence’ page 2
Private Equity Napthens’ Head of Corporate, Keith Melling, looks at how businesses can raise finance page 2
Accelerated Growth in:brief profiles Hillendale as it motors on page 3
Facebook in the spotlight again
Careless whispers
Advice
Ill judged comments and conversations posted online are costing people in the region thousands of pounds. John Woosnam, Head of the Litigation team at Napthens, reveals a recent marked increase in the number of defamation cases brought by members of the public who have had their reputations damaged by comments posted online, particularly on social networking site Facebook. John is warning both businesses and individuals to treat such comments as private, and be careful when posting comments online.
comments about a manager’s appearance on Facebook, and who were successfully sued as a result. Napthens has also successfully dealt with a defamation case involving the reputation of a medical professional.
seeing more and more cases involving ordinary members of the public who may be facing a damaged professional or personal reputation, and simply want to protect themselves.”
Mr Woosnam said: “The internet has meant that what would previously have been considered private information can now be spread far and wide. At the same time, both individuals and businesses are much keener on protecting their names and reputations.
Internet Service Providers (ISPs) also have a role to play, with the case Godfrey v Demon setting a precedent that ISP companies can be held liable for defamation themselves, should they fail to remove defamatory content when requested. They can also be required by law to give up information on the identity of the person who has made the comments.
Courts are beginning to hear these cases on a regular basis, and in one particularly high profile case from 2008 a businessman was awarded more than £20,000 after his reputation had been damaged by a false Facebook account containing derogatory remarks, which had been set up in his name by a former friend.
“Businesses in particular are extremely sensitive about internet publications which can do far reaching damage to a reputation. The hotel and leisure industry is a case in point, and recommendation sites like Trip Advisor have been the source of frustration for many businesses.
Napthens itself has seen a number of cases including that of employees at a retail outlet who posted
“It is no longer just the rich and famous who are concerned about their individual reputations. We are
Mr Woosnam added: “When posting comments online, it is important to bear in mind who could see them, and what their reactions could be, and keep personal comments just that – personal and private. “Many of the cases I have dealt with have arisen out of very run-of-the-
Blackpool and the Fylde: Regional focus page 4 & 5
mill comments which can be seen regularly on Facebook, for instance. Defamation cases can also be particularly expensive to defend.”
Employment solicitor Kimberely Barrett looks at the recent Woodward –vSantander case page 6
Opinion Time to talk? Wills and Estate Planning solicitor, Charlotte Cooper looks at care of the elderly page 7
Ruck over! in:brief talks to property solicitor and Fylde rugby man, Craig Aikman page 8 John Woosnam
Contact: John.Woosnam@napthens.co.uk 01772 904209
welcome / round up / Private Equity:
in:brief
Business roundup
welcome
By Ben Briggs, editor, Lancashire Business View If ever there was a time when confidence was needed amongst the business community then 2010 was it. The problem is, however, that it seems to have been in short supply. This could be down to a range of factors but the over-riding theme of 2010 has been that of uncertainty.
John Whittingslow, Head of Commercial Division
Welcome to our latest edition of in:brief, giving readers an insight into what is happening across the region. As usual we have a wide range of contributors, including Ben Briggs, editor of one of the region’s most prominent business magazines, Lancashire Business View. In his article, Ben talks of the very thing that we all want in the business world – confidence, which is lacking of late. We are all waiting to see the impact of the Government cuts but as usual, the can-do approach in the region will undoubtedly carry us through the toughest of times. This approach has been evident at Blackpool FC and our special feature looks at the financial benefits of the club being promoted to the Premier League and the economic impetus this can give the Fylde. In our client profiles we take a look at Hillendale and Fox Brothers Ltd. Hillendale is one of Lancashire’s prestigious car dealerships which is aiming for better times and is investing over £300,000 in the refurbishment of its showroom and head office in Lomeshaye Business Park. Fox Brothers, a business operating in the fiercely competitive construction sector is also growing and we learn the secret of their family business’ success. As a firm we too are continuing to grow by offering new services and bringing more specialists to the practice, however we have done this in a sustainable manner and I think this is the best route for any business. The next sixmonths are going to be crucial for us all, but I am sure that with common-sense and the can-do approach I mentioned earlier, we can prosper. I hope you enjoy this edition of in:brief and if you would like further advice on any of the issues covered, please feel free to contact our legal experts. Thank you.
2 in:brief SUMMER 2010
Whether that’s uncertainty caused by a change of Government, volcanic ash clouds, marginal economic recovery figures or snow storms that blighted the start of the year, all of them have in some way contributed to businesses feeling cautious about what 2010 holds in store. But, if we look at things from a fresh perspective, there are surely reasons to be cheerful. After all, the economy did emerge from the grip of recession at the start of the year and this, more than anything else, gave entrepreneurs the opportunity to exorcise the mental stumbling blocks that the downturn created. No longer could people claim that we were in “the worst recession since the 1930s”, although many still clung to the economic handrails as they searched for the optimism that had been in evidence before the financial collapse.
The freak snow storms of early January and the volcanic ash clouds of early spring were examples of Mother Nature showing her might, but they remained only temporary blips that, for most businesses, caused inconvenience rather than financial disaster. All of these issues affected the confidence of Lancashire businesses when, in reality, they should have been looking to the future with more certainty than at any time for the last two years. We all know that the coalition Government of the Conservatives and Liberal Democrats, led by the incredibly well-spoken David Cameron and Nick Clegg, will make tough decisions and spending cuts in the coming months. Taxes are going to rise as leaders seek to slash a nightmarish national debt, but there comes a time when the business community has to regain its bullish streak and start looking ahead rather than constantly peering over its shoulder at the economic wreckage. Bank lending will help and there are tentative signs that they are starting to release finance to firms with the right business proposition.
Ben Briggs
We have all endured a tough six months but opportunities are there for businesses who wish to seize them. And it could be those with the most confidence who see the greatest returns in the weeks and months ahead.
Contact: ben@lancashirebusinessview.co.uk 01254 297870
Private Equity – bridging the gap? As businesses continue to experience challenges in raising finance, Head of Corporate at Napthens, Keith Melling, gives an overview of private equity. What is private equity?
Keith Melling
Private equity or venture capital, is money invested in a company in return for shares / equity. It’s often referred to as risk capital as the value of company shares can go down as well as up and the private equity provider is taking a pure risk with his investment. This is in contrast to debt funding where a company repays a debt over a period of time. The potential upside for the private equity funder is that, if the company is successful, he will share in the increased value of the company on any sale, whereas a debt provider will only receive repayment of the loan plus interest. Types of private equity Private equity funding normally takes the form of a subscription for shares, but can also comprise debt funding. The funding structure will depend on the needs of the investee being married to the requirements of the investor. For example, a start-up company may
require seed investment of less than £1m which, to strengthen the balance sheet of the company and to gain appropriate tax reliefs for the investors, is likely to take the form of a share issue. Compare this to a private equity house funding a management buy-out in excess of £5m, where a large proportion of the finance would be in debt or shares with preferred rights to repayment.
applied by larger financial institutions • Funding the exit of an existing shareholder base by the current management team or by a combination of existing and new management • Allowing the company to grow by acquisition or by investment in new technology / products What is the process?
When is private equity funding required? A company might need private equity because: • It doesn’t have significant assets against which it can raise debt finance against • It is in a high growth or intellectual property intensive sector in which certain private equity funds specialise • Individual ‘business angels’ can provide finance quickly without following strict investment criteria
The process depends upon the purpose of the private equity funding but all funders will require the appropriate legal protection. At Napthens, we specialise in advising companies and investors on equity transactions, either for investment, development capital purposes or to fund buy-out transactions. If you need help in this area, please call us. Contact: Keith.Melling@napthens.co.uk 01772 904318
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talking heads / Hillendale / Four Seasons:
Talking Heads Is it important for businesses to support charity and are there wider benefits than just a boost to a company’s reputation? From the outset, we decided to work with a charity because we wanted to and not because we felt it was ‘good practice’ to do so.
Clare Kenny
Clare Kenny, Fundraising Manager, Lancashire Wildlife Trust: “It’s no longer purely a ‘nice thing to do’ for businesses to support charity, it is expected. As awareness of additional value grows, employees are choosing which businesses to apply to for their long term career choices based on a company’s Corporate
Kay Jackson-Leigh
Social Responsibility strategy. “There are many ways business can get involved with The Wildlife Trust particularly with our biggest project, Brockholes Nature Reserve. Companies can support this either by donating time or money to help maintain this vital eco-system which will have a positive impact on the local environment. By getting
Steve Jackson
involved at Brockholes or other Nature Reserves local organisations will be leaving a lasting legacy that will benefit everyone.” Kay Jackson-Leigh, Head of Human Resources, Napthens: “We believe it’s important to support a local charity as we want to make a positive contribution to the community in which we work.
“Our firm chose to support Rosemere Cancer Foundation this year because it is working towards providing additional facilities and equipment for patients being treated at the Cancer Centre in Preston and the local cancer units throughout Lancashire and South Cumbria. “In recent years, Napthens has lost two valuable members of staff to cancer and therefore it was felt a very fitting charity to support. “The fundraising campaign we have implemented has brought us together as a firm for a common purpose but more importantly helps raise awareness of the important work Rosemere does.”
Steven Jackson, Founder and Chairman of commercial recycler and social welfare charity Recycling Lives: “Recycling Lives is an organisation with strong core values and believes that all businesses should support a charity. “We are an innovative company that truly cares not only about people, but about industry and the wider community while encouraging other businesses to practice good CSR. “By supporting a charitable organisation like ours, a company is actively tackling the economic, social and environmental issues within society and making a proven difference. Recycling Lives believes that everyone deserves a home, a job, and a safe environment in which to learn and relax and seeing people progress into happy fulfilled individuals is more than an adequate reward.”
Motor deal is poised for accelerated growth
Four Seasons care home sale
East Lancashire Land Rover dealer Hillendale has emerged from the recession leaner and with a clearer view of the road to prosperity.
Anita Ingham, owner of Four Seasons, based at Bank Parade in the town, has sold her shares in the companies to Brighton-based Carewatch Care Services Ltd, a national care agency providing home care services.
Napthens’ Corporate team has helped secure the sale of Burnley based care provider Four Seasons Homecare (Holdings) Ltd, and its subsidiary Four Seasons Home Care Ltd.
Although the Nelson-based business was hit by the downturn, a decisive cost-cutting programme enabled it to record its second highest profit for 13 years in 2009.
Four Seasons has been providing home care to the Burnley and Pendle districts for more than 15 years. Anita was advised by Andrew Clare, partner, and Victoria Bromiley, solicitor, of Napthens’ Corporate department.
The achievement was not painless – six jobs were lost and turnover took a significant dip as the business restructured and resized itself. Currently sales are running at some £20m, compared to £30m which would be expected in a more normal year.
Victoria said: “Four Seasons has been providing a vital service to residents of Burnley and Pendle for a long time, and this sale is the culmination of tireless hard work by Anita.
Nonetheless, managing director Lee Collins believes the Land Rover dealership, which employs 42 staff, is on the brink of a more buoyant period. “The recession meant there was a sudden and dramatic drop in the value of used vehicles – sometimes as much as 10 per cent in a month,” explained Lee. “Similarly, the volume of new car sales has fallen: this year we expect to sell some 350 new vehicles whereas in a better year the figure would be more like 500.” However, better times lie ahead with the launch next year of the new compact Range Rover LRX, which will open up fresh market sectors as a result of its more modest price tag
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“Carewatch Care Services Ltd has an excellent reputation and I am confident Four Seasons will have a successful future ahead of it under its new owners.”
Contact us:
Hillendale’s showroom and head office in Nelson
and green credentials. This will be followed by a new Range Rover model in 2012 and new Range Rover Sport in 2013.
refurbishment of Hillendale's showroom and head office in Lomeshaye Business Park off the M65 in Nelson.
Coinciding with the launch of the Range Rover LRX is a £300,000
“We are positive about the future because more and more people are
aspiring to the luxury brands and we are well-placed to take advantage of the upturn,” added Lee. www.hillendale.landrover.co.uk
We welcome your feedback and comments on any of the articles in this issue of in:brief. Feel free to drop us a line at Marketing@napthens.co.uk or visit our in:brief page on our website, www.napthens.co.uk/inbrief. Alternatively if you want to contact any of the Napthens team mentioned in this issue, please email them at Firstname.Surname@napthens.co.uk. We look forward to hearing from you. Thanks
SUMMER 2010 in:brief 3
regional focus: Blackpool and the Fylde
Going for golden goals Blackpool Football Club's promotion to the Premiership will generate a wave of fresh opportunities and extra visitors – not to mention global media profile for the town and the wider Fylde area that money can't buy. The immediate benefits of Premier League status are substantial, but it remains to be seen whether the Seasiders' top flight adventure represents sustainable prosperity or a kiss-me-quick flash in the pan. Napthens’ partner and lifelong Blackpool FC fan, Sean Gibbs, believes major long term benefits can be achieved. “The football club's well-deserved promotion to the Premier League is a notable moment for Blackpool and the broader Fylde area,” said Sean. “When you're looking to attract inward investment, you need the ball to be rolling, and we already have this as a result of substantial regeneration projects such as the major improvements to the Promenade, the redevelopment of St John's Square and the Houndshill shopping centre. Our Premier League status will add to this momentum by stimulating investment because people will realise that there's money to be made not just in the town but the Fylde too.” Sean added: “Some of the statistics around Blackpool are truly amazing. More than 80 per cent of the UK's adult population has visited Blackpool, which is second only to London in the country's league table of most visited places. We have to use this as a springboard to attract fresh visitors and new investors.”
This is a view echoed by Alan Cavill, assistant director of tourism and economy at Blackpool Council, who believes footballing success means the town is well-placed to capitalise on its unique position in the national consciousness.
rather the product of Blackpool's unique status as the nation's favourite resort. “We know the TV coverage of Blackpool matches won't be confined to the ground, as it is at
“Premier League status will help showcase the area to potential businesses as a good place to live, work and invest.” Alan was pleasantly embarrassed when he asked a counterpart from Burnley to advise on media arrangements for Blackpool's homecoming celebrations, following a similar event in Burnley last year. “We had 16 outside broadcast trucks, including Sky, BBC regional and national TV, ITV regional and Channel 4,” explained Alan. “I asked the chap from Burnley how he thought we should accommodate them and he said he simply couldn't advise us because only Radio Lancashire turned up for Burnley's homecoming.” Alan is quick to point out that the disparity in media interest is not disrespectful to Burnley, but
other clubs,” he said. “There'll be lots of shots of the tower, the sea front and the surrounding area. The rollercoaster is a visual metaphor for the football club's fortunes that is easy and obvious for programme makers, but at the same time hugely beneficial to Blackpool's media profile.” David Cam, director and secretary at Pleasure Beach, Blackpool, is also among the positive thinkers. “The media coverage we have attracted has been astonishing. BBC Radio 4 was still broadcasting 'You and Yours' from Blackpool at the end of May – I couldn't imagine this happening anywhere else in the country.
“This proves to me that there's a latent love for Blackpool that has been crystallised by the football club's achievement. The media wouldn't be dedicating this amount of coverage unless they knew that,
deep down, people have always loved Blackpool.” David believes this positive profile is nothing less than Blackpool deserves after years of being run down in the press. “It infuriates me that the press has painted Blackpool as a den of iniquity because of the hen and stag parties, whereas places such as Newcastle are portrayed as 'party towns'. The press has done a good job of scaring lots of families away from Blackpool, despite the fact that it remains a fantastic family resort. Now we have a golden opportunity to build on the wave of warmth created by the football club's success and we must grasp this with open arms.”
Sean Gibbs
4 in:brief SUMMER 2010
David Cam
Martin Long
Martin Brook
Despite the feelgood factor generated by Premier League promotion, no one is losing sight of Blackpool's social and economic
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regional focus: Blackpool and the Fylde
Premiership promotion: Will it create a sea of change?
issues. The area must work harder to attract new businesses because of its relatively remote location outside the M6/West Coast main line corridor. Coupled with a Victorian infrastructure, the town faces some tough challenges. To help tackle some of these issues, the council has acquired the Tower, Winter Gardens and other assets from Leisure Parks in a deal worth £50m, which will also provide funding for major improvements. Working in partnership with Merlin – the world's second largest operator of leisure assets after Disney – the council believes it has hit on a winning formula to transform 19th century facilities into 21st century attractions. While accepting the importance of major infrastructural investment in Blackpool, many people in Fylde’s hospitality sector emphasise the
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need to deliver a quality visitor experience right across the region that involves everyone, right down to individual guest house owners and seafront traders. “Brand identity is the most important issue facing this area,” commented Andrew Haworth, managing director at Best Western Glendower Promenade Hotel in St Annes. “We must identify the type of person or business we want to attract and make sure we deliver quality services. We don't necessarily need more and more big buildings, but we do need to get the details right. If someone is getting ripped off on the Golden Mile, they aren't likely to come back.” Blackpool FC's top flight foray will also help achieve significant economic benefits for the broader Fylde and Wyre areas, according to Peter Mearns, executive director
of marketing & communications at the Northwest Regional Development Agency. “This is a significant opportunity to promote the Fylde's diverse offer. Premier League status will help showcase the area to potential businesses as a good place to live, work – and invest,” said Peter. “What the local authority and other partners must do is ensure they capitalise on Blackpool FC’s achievements and the ripple effect its promotion to the Premier League creates.” Peter added: “There are other encouraging developments that will boost the Fylde's economic prospects. Blackpool, Fylde and Wyre Economic Development Company (EDC) is supporting schemes in Blackpool town centre, particularly Talbot Gateway and Central Station, work around the
M55 and airport corridor, as well as development and regeneration activity in Fleetwood and St Anne's town centres.” Commentators agree that the work of the EDC is vital to delivering a balanced programme for economic and commercial growth. “Of course tourism is the main industry in Blackpool, but sometimes you feel there is an overemphasis on this and the EDC is going some way to addressing such concerns,” commented Martin Long, a partner at Napthens' Blackpool office. “It's important to bring everyone together from the wider Fylde and Wyre areas and also take a strategic view of business development outside of tourism. We have a population of some 300,000 people and many must travel outside the area to work. We have many quality
businesses, but I believe we should be attracting more.” Looking ahead, many of the area's major employers are upbeat about its economic prospects. “Opportunities will come from innovation, the service sector, training, education and, of course, tourism,” said Martin Brook, joint managing director at Kirkham-based engineering and construction company Smith Group. “The Fylde has an incredibly entrepreneurial spirit and it does seem to be very successful at creating opportunities to make money. The region is keen to change and embrace change and I am confident we will continue to have our heart and head office here for many years to come.”
SUMMER 2010 in:brief 5
ask the expert / legal update / Fox Brothers: ask the expert:
Uninsured drivers Partner John Crompton specialises in personal injury and is a member of the Law Society Personal Injury Panel. Q: I’ve recently been in a road traffic accident and have found out the other driver was uninsured. I received quite substantial injuries and was unable to work for a significant period of time. What should I do? A: Victims of uninsured drivers are compensated by the Motor Insurers Bureau (MIB), established by the motor insurance industry to compensate victims of uninsured drivers. Two types of compensation are available: • If you know the name of the uninsured driver then you can claim full damages from the MIB for all losses that you have suffered including compensation for the injury, loss of earnings, private medical treatment and vehicle damage. Your legal costs will be paid in full by the MIB. • You can also make a claim if you don’t know the motorist’s name. The MIB calls these claims “Untraced Drivers Claims”. In these claims you can only recover damages for bodily injury. You won’t be compensated for loss of earnings and you can only recover a small contribution towards legal fees. The MIB has complex rules and strict time limits for submitting claims and if these aren’t followed, it can turn your claim down. The MIB often makes offers that are less then the claim is worth to encourage early settlement. Because of the complexity of dealing with the MIB, you may not recover damages in full. However, if you don’t know the name of the person who caused the accident, it might be possible to trace them, therefore increasing the amount of damages payable to you. If you need any guidance on this matter, please contact the Personal Injury team to discuss how we can assist with your potential claim. Contact: John.Crompton@napthens.co.uk 01257 479601
John Crompton
6 in:brief SUMMER 2010
What is “on/off the record”? Without prejudice communication is done, proposed or said without abandoning a right, privilege or claim and without any admission of liability. In legal terms this means “the words that follow cannot be used as evidence.” Employment solicitor, Kimberely Barrett looks at this issue using a recent Employment Appeal Tribunal (EAT) decision in the case of Woodward -v- Santander. Background In 1994 Abbey National, now Santander, dismissed Mrs Woodward. Subsequently she lodged a claim against the bank for sex discrimination and unfair dismissal. The case settled without any admission of liability and did not run to a full hearing, with the settlement terms stating there would be no provision for a reference. During settlement negotiations Abbey National “flatly refused” to provide a reference and in the following years Mrs Woodward had limited success in finding another job. As a consequence, Mrs Woodward brought further proceedings against Santander alleging victimisation, direct sex discrimination and detrimental treatment for whistle blowing. Mrs Woodward sought to
bring evidence in support of her claim, based upon negotiations which had taken place between herself and Abbey National during “without prejudice” correspondence. Findings The EAT held that: • The without prejudice rule (“Rule”) renders inadmissible in subsequent litigation evidence of any and all negotiations “genuinely aimed at settlement whether in writing or oral”, subject to limited exceptions • The Rule should be construed narrowly • The list of the exceptions to the Rule is not closed, but any attempt to extend it must be very carefully scrutinised • The exception to the Rule would only operate where ‘without
prejudice’ would act as a cloak for blackmail or perjury • In relation to any impropriety, the impropriety alleged within ‘without prejudice’ communication must be unambiguous, only in the clearest cases can it be an exception Conclusion Any discussions marked “without prejudice” and genuinely aimed at settlement will remain inadmissible as evidence in subsequent litigation, save for where there is unambiguous impropriety. There is no authority for an easing of this requirement where the alleged impropriety is alleged to be discrimination. Therefore employers should not be concerned that any discussions and/or offers of settlement when compromising an employee’s termination of employment will be admissible as evidence, if the negotiations do not materialise into a binding agreement.
Kimberely Barrett
Contact: Kimberely.Barrett@napthens.co.uk 01772 904242
Construction business is bright eyed and bushy tailed When Olympic fever hits the UK in 2012, one Fylde coast company will be celebrating its 80th year in business. In 1932 the Fox Brothers Ltd came to prominence when the family business was launched to focus on the haulage industry. In the years that followed, generations of brothers have grown the business to be a multifaceted group. Today the business is run by joint managing directors Paul and Alan Fox. It includes companies operating in haulage, property, civil engineering, plant and crane hire and has a growing builders merchants called Celplas. It provides maintenance-free PVC products to the construction and building industry. Although the construction industry has suffered in recent years, Fox Brothers is doing well and Paul believes this is because of the group’s founding principles. “We have a way of doing things at Fox Brothers, which ultimately translates to having pride in the job we do, meaning our clients get a top-notch service.
“The company is completely different to the one founded over 70 years ago but it still works on a strong commitment to honest service, reliability and courtesy. It is these principles combined with the expertise and experience of all at Fox Brothers that has brought us the success we enjoy today.” There’s no doubt the business, which employs over 85 people and turns over approximately £10m per year as a group, has got a long and healthy future ahead of it. However, that is because there is a strong sense of anticipating what can happen in the volatile sectors it operates in. Paul added: “We’ve grown as a business because we spotted opportunities to diversify and develop an offering that our competitors can’t match – that’s why we are where we are today and proud to work for a range of clients in the public and private sector. In today’s economic environment no
Fox Brothers Ltd is bucking the trend in the tough construction industry
business can afford to be complacent – and that is something we are definitely not.”
www.foxbrothers.co.uk
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a day in the life of / Smiths / opinion:
A day in the life of… David Hill David has a wide range of commercial property experience including landlord & tenant matters, large portfolio sales and acquisitions and development transactions. David joined Napthens in 1997, becoming partner in 2002. He now heads up the firm’s Property department in Blackburn. current cases and assist with one or two complex issues that have arisen. Back at my desk I check through the post and then take a call from a businessman who has been referred to me by his accountant. On hearing his plans to buy a property at auction tomorrow, we schedule an urgent meeting for this afternoon.
David Hill
7.30: Leave home and make my way to the office, tuning in to the local radio to catch up on the news. 8.00: Arriving at the office, I make myself a coffee (nothing gets in the way of this!) before checking emails to deal with anything that needs an immediate response. 8.30: I meet with Richard Clithero, a solicitor in my team, to discuss his
10.00: Planning meeting with Andrew Clare from Corporate and Martin Windle, who heads the Private Client team in Blackburn. We meet regularly to share information on what is happening in the East Lancs business community and to co-ordinate our involvement. 11.00: On my desk are two lever arch files full of documents for a deal involving the £2m sale of a mixed-use property development. My attention is drawn to a local authority search showing a footpath alongside the site - the main access doesn't seem to join the main road. I double check all relevant paperwork, as these are potential deal-breakers, and then call the
seller’s solicitor to ask if they had covered this when they bought the property. They confirm they had, and promise to send me additional papers. A quick call to the client lets them know we are still on schedule. 1.00: Lunch with a corporate bank manager at the Clog and Billycock at Pleasington. We’ve met to discuss a presentation to the bank's staff on businesses that may become potential take-over targets. After discussing the finer points of the seminar, conversation turns to our thoughts on England’s dismal performance in the World Cup. 2.15: I check in with my secretary Alison, return a few calls, then head off to meet my new client at his offices. As expected, he has a thick file of documents which I go through with him, providing him with an overview of risks and liabilities he will need to consider. There are some issues that he will need to take a ‘commercial’ view on and he thanks me for the advice as he can now go in to the auction with eyes wide open. Depending on the
outcome tomorrow, we agree to catch up soon, as he has a number of property transactions planned over the coming months. 4.15: Returning to the office, I catch up on messages and make calls to clients and other professional advisers to track progress on a number of deals. After dictating correspondence and file notes, I catch up with a couple of colleagues to discuss plans for drinks after work this coming Friday. 6.00: After a couple of calls to clients, I head home for tea with my wife Sarah and finish of the evening with a quick nine-holes of golf with a friend. I try and win a massive £1 from him at Fairhaven but fail miserably. Contact: David.Hill@napthens.co.uk 01254 686204
Smiths in Manchester expansion Experts in Napthens Commercial Property team helped advise the region’s largest independent equipment hire company in the North West to expand into Manchester. Smiths Equipment Hire, a £4m turnover company which operates from sites in Blackburn, Bolton, Preston, Kirkham, St Annes, Cleveleys and Blackpool, has opened the new facility in Aston Old Road, Openshaw, Manchester.
Time To Talk?
The company was founded in the 1970s, and is now run by brothers David, Thomas and Neil Smith, who say the expansion – made possible with advice from Martin Long, partner in the Commercial Property department – will put the company on the regional map.
The care of the elderly should be one area where the coalition government has little difference of opinion.
The move will create 10 new jobs, bringing staffing levels at Smiths to more than 80.
opinion piece: Charlotte Cooper, Wills and Estate Planning solicitor
Before the election all parties were promising improved pensions, protection of benefits for the elderly and better health and social care for older people. What the Government may not have appreciated is the size of the task ahead of them. A huge cultural shift needs to accompany the demographic changes occurring within our society. The best place to start is within families where awkward conversations need to become routine. While an elderly relative still has capacity they need to begin considering and communicating their decision about who and where
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they should be cared for should they fall ill. Who will look after the finances? If care is required how will it be paid for?
concern, a personal alarm for an older person can be arranged through organisations such as Helpline.
These are personal decisions which should not be left to distressed relatives to make when they are dealing with a sudden change in the circumstance of an older relative.
Of course, everyone should have a Will and a Power of Attorney in place.
Preventative measures should be taken to plan for the future. Speak to older relatives and ask what they would like to happen if they fall ill. If you have concerns about an older person becoming isolated or depressed contact their GP and advice groups such as Help the Aged, or if mobility or safety is a
David Smith said: “The key to our success has been providing a wide range of plant hire products and services. We currently supply more than 1,000 product lines. “The business has changed significantly since it was first founded, and this most recent expansion into Manchester will cement our position as a truly regional player.”
As a society we need to speak up for the elderly. All the political parties say they want to ensure dignity and respect for the elderly and these require society to insist upon high standards of care and choice for the older person. Contact: Charlotte.Cooper@napthens.co.uk 01772 904349
Charlotte Cooper
Martin Long added: “The company has long been a recognised name in the Lancashire area, and this move to Manchester will help increase the business’ market share and will develop new opportunities.” www.smithshire.com
SUMMER 2010 in:brief 7
and finally:
Me and my… Rugby
Run for charity Napthens staff, family and friends gave it their all recently to raise money for the Rosemere Cancer Foundation. In total, more than 60 representatives took part in the annual 5k run and 3k sponsored walk at Witton Park, Blackburn. Napthens is a keen supporter of Rosemere, and in the past year has donated over £3,500 to the charity following a number of fundraising activities. Napthens also sponsored the Witton Park event. Rosemere is based at the Rosemere Cancer Centre, Royal Preston
Image courtesy of Chris Farrow
Hospital, and raises £700,000 per year for cancer research and patient care in the area. Sue Thompson, chief officer for the Rosemere Cancer Foundation, said “It was great to have Napthens on board for the Rosemere Fun Run this year and we really appreciate the support the firm and its staff are giving the Foundation. “Their input will make a real difference to the projects Rosemere will be able to fund this year for the benefit of cancer patients right across the county.
HR support from Napthens Chris Boyle, partner and head of Employment, said: “Employment legislation is a fast-changing area of law, and many businesses find it hard to keep up to date with changes in legislation while running a successful business.
Fylde Rugby Club scrum half Craig Aikman has been involved in the sport since he was old enough to run: he received a pair of specially made boots at the age of four. Soon afterwards Craig started playing mini-rugby for Calder Vale, now Burnley Rugby Club, before embarking on a 28-year career that has seen him scoring tries at venues as far and wide as Twickenham and Cape Town. Craig, who joined Napthens earlier this year as solicitor in the Blackpool Commercial Property team, regularly chalks up 15-hour days in his dual role as a lawyer and semiprofessional rugby player. “The after-work training can be gruelling, but it's worth doing for the many and various rewards that rugby has to offer,” said Craig, who lives in Barrowford near Burnley. “What I love about rugby is its competitiveness and physicality, combined with the team spirit and social activity that involves having a post-match drink with the opposition as well as your own team-mates.” After playing for Lancaster Royal Grammar School, Craig left to coach at Rondebosch Boys High School and spent a year playing for False Bay Rugby Club, Cape Town, South Africa. When he returned to his native Lancashire, he joined Blackburn Rugby Club for a threeyear spell before moving to Waterloo Rugby Club in Liverpool, where he spent six years. After an 18-month stint at Halifax he signed for Fylde in 2007.
Preston: 7 Winckley Square, Preston, PR1 3JD DX 714572 Preston 14 Tel: 01772 888 444 Fax: 01772 257 805 Email: Preston@napthens.co.uk
There have been plenty of high points in Craig's career, including scoring two tries against Sale in the Tetley Bitter Cup quarter final in 2000, a try for Waterloo against Bristol Shoguns at Twickenham in the PowerGen Shield final in 2004 and scoring a hat-trick for England Counties against Russia in France in 2007. Of course, there have been tough times too. Craig cracked his collar bone three times in succession and eventually needed a bone graft operation to heal the injury. “After the surgery I had to wear a sling day and night for eight weeks and was out of the game for 12 months. The problem had recurred because I'd started playing again too soon, so I was determined not to repeat this mistake after the bone graft,” explained Craig. However, this hasn’t stopped Craig’s love affair with the game. He’s now preparing for another action packed season with one of the region’s top clubs and at 32, he believes he has a few more tries to score before he hangs up his boots. Contact: Craig.Aikman@napthens.co.uk 01253 754876
Employment law can be costly for businesses that fail to follow the letter of the law. Government figures show that during 2008/09, employment tribunals accepted 151,000 claims. Now Napthens has launched a new, bespoke service to offer an employment law service, advice helpline and employment insurance
– HR³, which can be tailored to the needs of an individual business. HR³ includes an audit of a business, looking at everything from contracts to company handbooks; specialist support and immediate advice from a lawyer; and indemnity against awards of compensation and legal fees up to £250,000 per claim and £1m per year.
“However, there is no getting away from the fact that a claim against a business can be extremely damaging – in terms of financial cost and the reputation of a business. Getting it wrong can be costly, as there has been a marked growth in employee litigation and the cost of awards. “HR³ is designed to help businesses manage these potential risks effectively.” For further information and a quotation please contact HR3@napthens.co.uk or call Chris Boyle on 01772 904279
Staff numbers boosted A number of new staff have joined the Napthens ranks recently, boosting departments including Commercial Property, Litigation, Employment and Personal Injury. Ian Kay has taken up the role of debt recovery manager working within the Litigation and Debt Recovery teams. He joins from Halliwells in Manchester and is responsible for overseeing Napthens’ Debt Action Direct service. As highlighted in our ‘Me and My…’ article, Fylde rugby star Craig
Blackburn: St Andrew’s House, Wellington Street (St John’s), Blackburn BB1 8DB DX 17964 Blackburn 1 Tel: 01254 667 733 Fax: 01254 681 166 Email: Blackburn@napthens.co.uk
Martin Windle, head of in the private client team at Napthens’ Blackburn office, added: “I was delighted for Napthens to get involved with the Witton Park run. Rosemere is a fantastic cause and since Napthens began our official support by making it our chosen charity, the staff across all our offices have really got behind the fundraising efforts.”
Blackpool: 41-43 Springfield Road, Blackpool, FY1 1PZ DX 714350 Blackpool 5 Tel: 01253 622 305 Fax: 01253 295 591 Email: Blackpool@napthens.co.uk
Aikman has joined the Blackpool Commercial Property department from Burnley Practice Donald Race & Newton. He is joined in commercial property by Nick Booth, who starts as a trainee – the first of four planned for 2010. The Personal Injury team has seen three new paralegals – David Banks, Lianne Walmsley and Anthony Richards join in the past few weeks. Solicitor Kimberley Barrett, who completed her training contract with Napthens before moving to join DLA Piper in Liverpool, rejoins her former
colleagues in Lancashire, within the Employment team. Ian Leigh, chief executive of Napthens, said: “It is great news that Napthens is expanding in this way during what has been a difficult economic climate. “Each appointment is a significant one, and will allow us to continue offering the highest level of advice for our clients.”
Chorley: 10-12 St Thomas's Road, Chorley, PR7 1HR DX 18412 Chorley Tel: 0845 260 2111 Fax: 01257 260 096 Email: Chorley@napthens.co.uk
n a pth en s.co.uk www.n Napthens LLP, registered office: 7 Winckley Square, Preston, Lancashire PR1 3JD. Napthens LLP is a limited liability partnership registered in England and Wales: OC325775. The term “Partner” indicates a member of Napthens LLP who is not in partnership for the purpose of the Partnership Act 1890. A list of members is available from our registered office.
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