EXCITING NEWERA FOR CNGJacqui Hall outlinesfuture vision forcompany following thesuccessful managementbuyout of the leadingindependent gas supplier

SURGO SECURESSTRONG FUTUREPLANSJeff Alexander reflects on what has been asuccessful year for Surgo

FULLTHROTTLEFOR UBISOFTREFLECTIONSGiselle Stewart discussesthe key to success increating a uniqueexperience for computergamers

200 years young

Watson Burtoncelebrates its 200th anniversary in style

x105192_WB_p10_rr_x105192_WB_p10_rr 13/12/2011 09:21 Page 1

Many firms say that they are‘client focused’ and sometimesit sounds like just anotherexample of marketing speak.

I was asked by one of our officejuniors recently what it meant,and how it related to her role.We decided it meant ‘to bebothered’ – to care about theclient, care about securing thebest possible outcome, careabout quality, care about clientsatisfaction – and be engaged.

So you could say ‘to be botheredand be engaged’ is what thefirm is about.

As senior partner, I’m hugelyproud that we are celebrating200 years of Watson Burtonhistory this year, but I’m awarethat’s it’s equally important tolook to the future.

No business can rest on its laurels- none of us can accept thestatus quo. We must always lookforward and work together tosecure a strong, confident future.

Despite the financial andeconomic problems the countryfaces, business keeps on movingforward – sometimes slowly,sometimes more rapidly.

We all have to be fleet of foot andwork with the changing times.That doesn’t mean discardingwhat has gone before. It meansbuilding on it. It also meansstrengthening valued relationshipsand developing new partnerships.

Despite technological advances –emails, skype, video conferencing,it’s still important to meet faceto face to build rapport andspark ideas. I can’t see that

changing, and indeed we thinkit will become even moreimportant in the future.

We would not be here todaywithout the friendship andsupport of our clients or withoutthe hard work and dedication of our talented colleagues in allthree of our offices.

Thank you all for your continuingloyalty. You can be assured thatWatson Burton will always ‘bebothered’ and we look forwardto the next 200 years!

With very best wishes for 2012.

Gillian HallSenior Partner

Watson Burton

We’re marking 200 years ofWatson Burton by providing topquality, robust, relevant advice to our clients. Our clients are the reason for our success, and relationships are at the heart of Watson Burton.

This is avery specialyear for us

2

x105192_WB_p10_rr_x105192_WB_p10_rr 13/12/2011 09:21 Page 2

3

4 Pioneering wasteproject for NorthYorkshire

North Yorkshire CountyCouncil and the City ofYork Councils outlinedetails of a £900 millioncapital value wastemanagement PFI projectwhich they have beenawarded

8 EU procurementevolution

Roddy Gordon examinesthe upcoming changes inEU procurement practicesas a result of the EuropeanCommission’s recentGreen Paper evaluation

25 Surgo secures strongfuture plans

Business DevelopmentDirector, Jeff Alexander,outlines highlights for thecompany over the pastyear and looks forward tothe future

28 Caught in theConstruction Act

Sarah Wilson reflects onthe recent alterations tothe Construction Act,outlining key changes forthe sector

30 Moving in the right direction

Further to Tracy Hall’srecent move to WatsonBurton, she considers thedeepening North Southdivide within the propertysector

32 Full throttle for Ubisoft Reflections

General Manager, GiselleStewart, discusses theachievements of Ubisoftand sets vision for futuregrowth

34 Employment law: A clearer picture

Michael Ord looks atrecent changes inemployment law whichmay require your attention

36 A year to remember

CEO, Patrick Harwoodreflects on a momentousyear for the firm

38 A quality service

We reveal the results of anin-depth study of the firm’sservice delivery

16 Supporting a change in education

Gillian Hall evaluateschanges within theeducation system

18 Adding value

Duncan Reid helpsdemonstrate WatsonBurton’s commitment to its clients, with an overviewof an innovative systemlaunched for a key client

21 Celebrating 200 years of quality service

Watson Burton recentlyhosted a celebratorydinner to celebrate thefirm’s 200th anniversarywith clients

10 Exciting new era for CNG

MD, Jacqui Hall, outlinesCNG’s vision for the futureafter a successfulmanagement buyout of thecompany

12 Energy Efficiency

Watson Burton’s head ofenergy, Duncan Reid looksat the implications ofEnergy Act 2011 onbusinesses

14 Carmel College convertsto academy status

We examine theconversion of CarmelCollege with Principal,Maura Regan

Article TitlePioneering Waste Project for North Yorkshire

Pioneering WasteProject for NorthYorkshire

4 An Artist impression of the Recovery Park for North Yorkshire

Article TitlePioneering Waste Project for North Yorkshire

5

The law firm’s constructionand projects team isworking with both

councils on the first recycling plant of itskind in the country. The councils haveawarded the contract to AmeyCespa, aconsortium between UK services companyAmey and its sister company, Spanishwaste firm Cespa.

The waste management project willhandle around 300,000 tonnes of waste ayear. AmeyCespa will use mechanicaltechnology to reclaim around 20,000tonnes a year of recyclables from residualwaste, as well as extracting a further40,000 tonnes a year of food and organicwaste which will be turned into energyusing anaerobic digestion (AD).

The waste which cannot be recycled ortreated in the AD plant will be turnedinto energy using energy-from-wasteincineration, with the plant expected toproduce 24 megawatts of electricity -enough to power 40,000 homes (basedon Office of National Statistics data forthe region). The residue from this will beused to create at least 50,000 tonnes-a-year of construction aggregates.

Watson Burton is advising on the largest ever contract awarded by North

Yorkshire County Council and the City of York Council. The £900m capital value waste

management private finance initiativeproject will span 25 years.

Pioneering Waste Project for North Yorkshire

6

””“The quality of the

advice we are receiving fromWatson Burton’s high level,committed team is making a

real difference, helping usdrive forward this important

project.

David Bowe, Corporate Director Business and

Environmental Services, NorthYorkshire County Council

An Artist impression of the Recovery Park for North Yorkshire

Pioneering Waste Project for North Yorkshire

7

Expert AdviceWatson Burton’s construction and projectspartner, Roddy Gordon is leading the legalteam advising the councils, alongsideconsultant Luan Kane. The firm is advisingon all aspects of the procurement. Becauseof the length and strategic importance ofthis project it has been the subject of intensescrutiny, risk analysis and negotiation. Thestrong team from Watson Burton alsoincludes partners Mark Lazenby and BryanRiley.

Watson Burton’s success in being chosen forthis regionally important project reflects theexpertise of the team in advising on PFIprojects, the waste sector and acting forpublic bodies.

Bill Woolley, Director of City Strategy, Cityof York Council said: “It is very importantthat the proportion of household waste werecycle continues to increase, and that wehave effective measures in place to enableus to stop relying on landfill as a means ofdisposing of the waste which is left. Wetendered for a service to treat all residualhousehold waste and further reduce theneed to use landfill - AmeyCespa’s tenderwas identified as the most suitable to meetour needs.”

Roddy Gordon said: “This is a key long-term contract for North Yorkshire and York.We’re very pleased to have been involved insuch a complex, detailed process for asustainable waste management solution.The project brings together our experiencein major projects, public sector, planningand construction sectors.”

David Bowe, Corporate Director Businessand Environmental Services, NorthYorkshire County Council said: “Thequality of the advice we are receiving fromWatson Burton’s high-level, committedteam is making a real difference, helping usdrive forward this important project.”

Energy from WasteThe UK could meet half its renewableenergy target for 2020 through the use ofenergy from waste, landfill gas, anaerobicdigestion and second generation biofuels,according to a report from CranfieldUniversity. It states that rapid expansion of waste and biomass-based power requires“considerable” financial support andgovernment backing.

Allerton Waste Recovery ParkAmeyCespa submitted a planning applicationfor the ‘Allerton Waste Recovery Park’waste management facility at the site of acurrent quarry and landfill near Harrogate inSeptember 2011. If approved, the Park willuse mechanical sorting, anaerobic digestionand energy from waste technology to treatresidual waste from across the county. Itcould be in operation by 2015.

AmeyCespa says the development will reducethe amount of the county’s household wastesent to landfill by at least 90 per cent.Landfill waste cannot continue in the longterm as landfill sites are rapidly filling up.The government has set stringent targetsfor waste management, including alternativeand sustainable solutions. It will also help

the authorities to reach their 50 per centrecycling target for waste by 2020.

Project director Bill Jarvis said: “This is themost up-to-date, cost effective and end-to-end solution to deal with North Yorkshire’swaste.”

The anaerobic digestion plant will treat theseparated organic waste. It will produce abiogas which will generate around 1.1 MWof renewable electrical power.

The proposed Allerton Waste RecoveryPark will create around 70 long-term jobsand up to 400 construction jobs as theproject develops. The Recovery Parkintends to enter into a partnership withlocal colleges which will support training of relevant skills for the jobs needed in itsconstruction.

When the project is completed, it will includean education and visitor centre to explainthe processes to visitors of all ages, and howthey can improve recycling in the area.

Bill Jarvis, project director said: “The scaleand impact of this project gives it significantlong-term importance. It has evolvedthrough listening to community feedbackand changes have been put in place toimprove layout and appearance. The keyaspect of this pioneering waste managementscheme is that it will provide a saving – nota cost – for the two local authorities involved.

“The project will revolutionise the way inwhich we recycle, reuse and collect wasteright across North Yorkshire, and thataffects everyone living and working in thecounty.”

EU procurement evolution

8

Roddy Gordon, Head of the construction and engineering group

The European Commission intendsto use the responses to its recentGreen Paper and evaluation of theprocurement rules to producelegislative proposals, which weredue for publication December 2011.

EU procurement rules govern how public money is spentand allow companies through-

out the EU to compete for public contracts.

Although the cost of procuring goods andservices in compliance with EU directives isless than 1.3% of the value of publishedinvitations to tender, (approximately €5.26billion), there is still considered to be room for improvement when it comes to reducingexpenditure. In the current economic climate,public procurement is faced with the challenge of a shrinking public purse.

PROCUREMENTEVOLUTION

EU procurement evolution

9

EvaluationIn June 2011, the European Commissionpublished its findings in relation to an evaluationof EU public procurement legislation.

The evaluation of the impact and costs of EUpublic procurement found wide diversitybetween member states in time and costs of procurement procedures. This identifiedthis identified the scope for reducing time andcost by aligning practices across member states.

The current Directives relating to publicauthority/utility contracts for goods, works or services are Directive 2004/17 (UtilitiesDirective), Directive 2004/18 (Public SectorDirective) and Directive 2007/66 (RemediesDirective). The evaluation found that theDirectives have helped transpire an outcome-driven procurement in the EU, triggeringcompetition, generating savings and improvingthe quality of procurement outcomes.However, the evaluation also identified somesignificant areas for improvement, as follows:

• There are different approaches by memberstates to procurement which falls below thethreshold and therefore outside of the EUdirectives

• The increasing use of framework agreementscan prevent competition for long periods oftime and may exclude SMEs due to their size

• E-procurement is not as widely used as itcould be

• The use of public procurement to supportpolicy objectives can reduce the number ofpotential suppliers, making the process morecomplex

• The open procedure is the most commonlyused, representing 73% of all contract noticesin OJEU

• Dynamic purchasing systems are under-used

• Cross border procurement only accounts for 1.6% of contract awards and there is areluctance to use cross border tendering

• Restricted procedures are the most expensivefor contracting authorities

• In terms of time and efficiency, some memberstates were three times more expensive andtook three times longer than others to runprocedures

Modernisation The Commission also released the responsesto its Green Paper that was published in January2011, which consulted on the modernisationof the public procurement rules, indicatingthat a decision to update and simplify publicprocurement rules was a favourable one.

The Green Paper responses in relation toimprovements can be summarised as follows:

• The majority of contracting authoritiessupported an increase in the thresholds

• The EU procurement rules were consideredto be too detailed

• Procedures do not allow contractingauthorities to achieve the best possibleoutcome

• More negotiation was required in awardprocedures

• Contracting authorities should be able toconsider their past experience of bidders

• Joint procurement should be utilised

What’s next? So, in 2012 what should we expect at the endof the year?

There has been increased focus on the use ofpublic procurement to promote national policyobjectives of member states e.g. greenprocurement. Whilst this has benefits, it canalso be perceived as complicating the processand discouraging bidders. This may result inus seeing the current rules being changed to

encourage cross border procurement and/orto standardise how national policy objectives are applied.

The focus may also turn to the most efficientmember states for practices in relation topublic procurement. The aim will be to assesswhich of their procedures can be applied tothe administration of public procurement by all member states.

We can expect some focus on SMEs (despitethe fact that over 60% of contracts advertisedat EU level are won by SMEs) as theconsensus was that SMEs would be thebiggest beneficiary in a reduction inadministrative burden. Joint procurement isperceived as making it more difficult for SMEsto participate. Whilst there is some practice ofbreaking down contracts into lots to allowSMEs to participate, there is scepticism aboutintroducing mandatory splitting of contracts.Framework agreements can also excludeSMEs but this will no doubt need to bebalanced with the finding that frameworkagreements have the lowest costs incomparison to all other forms of procurement.

Despite support for an increase in thresholdsfrom contracting authorities, this is unlikely toincrease, as the view is that this results in lesstransparency and cross border procurement.

The proposal of drawing up tenders in asecond language widely to encourage crossborder procurement was rejected. Thesuggestion is that better recognition ofcertificates across borders would assistbidders however; it is difficult to see how this would be implemented.

Find out how our projects and procurement team can helpyou by getting in touch with Roddy Gordon. Call 0845 9010926 or send an email to roddy.gordon@watsonburton.com

EU pro

Exciting new era for CNG

10 CNG Managing Director, Jacqui Hall

Exciting new era for CNG

11

Managing director Jacqui Hall and her management team of operationsdirector, Chris England, and finance director, Tim Jones, havecompleted a successful management buyout of the 17 year old

company from the family of founder Colin Gaines, advised by Watson Burton’s corporate associate JamesNightingale and his team.

transactions such as this from theoutset. CNG’s customer focusmirrors our own commitment tothe best possible service to clientsand it is great to have achieved asuccessful conclusion to a dealwhich shapes CNG’s future.

“This acquisition was complex giventhe nature of the MBO and thelarge number of parties involved.It was extremely important thatthe provision of CNG’s gas servicesto the commercial market wereunaffected by the changes to itsshareholding and new financearrangements. We are extremelyhappy to have been able to achievethis. The company’s outlook looksvery bright indeed.”

Watson Burton’s team includedsenior level involvement from thefirm’s corporate, banking,employment and real estate teams.Partners Mark Lazenby and DavidJenkins assisted James Nightingaleon the completion of the transactionalongside associate DeborahLazenby.

The law firm also advised on theacquisition of CNG SoftwareLimited, which was a separatebut important part of the deal.Jacqui Hall said: “We purchasedCNG software back into thecompany. It provides the softwarewe use and we have a team oftalented developers who workwith us.”

Jacqui Hall said: “It is a fantasticway to herald in 2012. We cannow build on our successes ofrecent years and grow thecompany we are all passionateabout. We are committed tomaintaining our position as themarket leader in customer servicefor the gas market as we goforward.”

Jacqui Hall and her team havebuilt Harrogate-based CNG froma £20 million business in 2006 toa £60 million enterprise in 2011,increasing employees from 16 toover 60 in that time.

Excellent AdviceJacqui is clear about the positiveeffect of Watson Burton’s role inthe success of the managementbuyout. She said: “JamesNightingale and his team wereinvaluable. James really lookedafter us and always kept us in theloop. The team worked incrediblyhard to ensure a successfuloutcome for us.”

The MBO was always the routethat CNG would take followingthe death of the founder ColinGaines. Indeed, he had put inplace the first steps before hisdeath. The process slowed downbecause of the recession, butwas successfully completed inNovember 2011.

James Nightingale said: “It’srewarding to work with a client on

Moving ForwardThe Harrogate-based companycan now focus on driving thebusiness forward. Jacqui Hallsaid: “Excellent customer servicehas been central to CNG as it’sgrown. We’ve found that thebiggest problem people tell usthey have had with the gasindustry is feeling that they’vebeen badly treated. We buildrelationships with customers sothey come to trust us, and wekeep in touch with them so theyknow we will always respond ifrequirements change.

“Our development until recentlywas based on organic growth andreferrals. Moving forward we wantto maintain this whilst increasingour momentum to ensure we donot miss out on a slice of the gasmarket available in key commercialsectors. We plan to build on existingexpertise and relationships suchas those we have with Ikea, PizzaExpress and Ask restaurants anddevelop in other untapped markets.”

Jacqui Hall was headhunted byformer owner Colin Gaines, whopersuaded her to join CNG. Shebelieves one of the main reasonsfor the company’s success is its“fantastic” staff. She said: “Werecruit strongly and I’ve found thatwhen we interview we tend to lookfor people a bit like ourselves whohave that extra something thatthey can bring to the role. As a

result we have a strong, cohesiveculture of committed, positivepeople who build on our reputationfor great service.

“The team understands the market,the importance of first classcustomer care and mostimportantly delivery of service as agreed. With features such as time saving online billing andautomated meter reading we offerthe most convenient service withno compromise on quality.”

Aiming HighThe top priority for CNG is to buildon the company’s establishedsuccess with customers.

Jacqui said: “Our aim is to be arecognised big player for businessin Yorkshire. We want to firmlyestablish ourselves here beforewe look further afield. We havewon high quality customers withwhom we have built greatrelationships, and that makes adifference to our profitability andour long term success.

“We are very proud of our companyand really excited about what thefuture holds. There are so manyopportunities and we will beworking hard to make the most of them in 2012 and beyond.”

Exciting times lie ahead for Contract Natural Gas(CNG), the UK's leadingindependent supplier ofnatural gas to businesses.

Excitingnew era for

CNG

Energy efficiency

12

Energy efficiency

The issue of energy eff iciency within the UK hasbeen on the Government’s agenda for thepast few years; with the aim of reducing carbonemissions. This has led to the introduction of the Energy Act 2011. In this feature, Duncan Reid,Head of the Energy Group at Watson Burton,looks at the implications of this Act for businessesand what the future may hold in light of theproposed changes.

TheDepartmentfor Energyand Climate

Change (DECC) spent much of 2011 outlining its policy for a more energy efficient Britain.

In the recent annual energy state-ment to the House of Commons,Minister, Chris Huhne, outlinedthe Government’s vision “of athriving and globally competitivelow carbon economy: withcleaner energy, more efficienthomes and lower bills”. TheGovernment aims to make this

vision a reality through theimplementation of a variety ofinitiatives with the DECC, TheTreasury and the Departmentof Business, Innovation andSkills (BIS) working together toenforce energy saving measuresfor businesses and householdersin 2012 and beyond.

In October 2011, the EnergyBill received Royal Ascent tobecome the Energy Act 2011.The Act was formed with theaim of improving the country’sframework to enable and secure

low-carbon energy supplies andfair competition within the energymarket.

The Act is scheduled to have amajor effect on businesses withinthe UK, with provisions including:

The CRC Energy Efficiency SchemeThe Energy Act 2011 resultedin the Government publishing aCarbon Plan to help bring aboutthe shift to a low carbon energyeconomy, which has includedthe execution of the CarbonReduction Commitment (CRC)

Energy Efficiency Scheme.

The mandatory scheme is aimedat improving energy efficiencyand cutting emissions in largepublic and private sectororganisations and hopes to achievethe Coalition’s target of cuttingCO2 emissions by 80% by 2050.The first CRC annualperformance league table wasrecently published, which rankedparticipating businesses basedupon the detailed reports theysubmitted. At this stage theleague table only records energy

Duncan Reid, Head of energy group, Watson Burton

Energy efficiency

13

figures for 2010-2011, so thereare no useful statistics to take fromthem at this point in time.However, the next league tableis scheduled to provide theGovernment with reports on thereduction in energy year uponyear.

Whilst the scheme hasundoubtedly raised the profileof carbon reduction within thecountry’s boardrooms, it hasnot received a good reactionfrom some businesses, who areworried about the links to the

reputation of organisations.

A Green DealUnder the Act, the Governmentrecently unveiled a £200 millioncash injection into the GreenDeal Energy Efficiency Scheme,which is due to be launched inOctober 2012. The basic conceptof the programme is that billpayers will install energy savingmeasures, such as insulation,into homes and companies acrossthe UK, with the aim of recoupingthe costs in years to come.

Initial analysis of the scheme hasidentified three positive benefits forbusinesses

• Every business will be able toinstall packages of energy savingtechnologies at no upfrontcost, with repayments made overtime through energy savings

• The initiative is expected tokick start around £14 billionof private sector investmentover the next decade, with newsafeguards to allow smallfamily firms, as well as nationalorganisations, to become involved

• The deal could support at least 65,000 insulation andconstruction jobs by 2015,boosting the economy

Although the Government seesthe Green Deal as a revolutionaryscheme in energy savings, it hasreceived a cautious welcomefrom businesses who are awaitingfurther information on theimpact of the programme.

Private rented sectorThe Energy Act is also scheduledto have an impact on the propertysector as from April 2016, privateresidential landlords will be unableto refuse a tenant’s reasonablerequest for consent to energyefficiency improvements wherea finance package, such as theGreen Deal is available.

It also outlines plans to providepowers to ensure that from April2018, it will be unlawful to rent outa residential or business premisethat does not reach a minimumenergy efficiency standard.

Moving forwardsThe CRC scheme and the Green Deal are just some of the initiatives proposed by theGovernment to tackle carbonemissions and climate change.There are of course the issues of offshore renewable energy, the renewable heat incentive, thefeed-in-tariff and other initiativesthat are being considered andimplemented as part of theUK’s wider energy strategy.However, the Energy Act 2011demonstrates the Government’scommitment to tackling carbonemissions within the UK, as thecountry moves towards a lowcarbon economy. This will bringchallenges and opportunities tobusinesses in years to come.

Find out how the Energy Group can help you by getting in touch with Duncan Reid.Call 0845 901 0954 or send an email toduncan.reid@watsonburton.com

”...thriving and globallycompetitive low carbon economy:with cleaner energy, moreefficient homes and lower bills

14

Carmel College converts to academy status

L - R: Ebony Piers, pupil, Maura Regan, Principal of Carmel College, Gillian Hall,senior partner and head of education group at Watson Burton and James Hughes,

pupil of Carmel College

Carmel College converts to academy status

15

Carmel College converts toACADEMY STATUSCarmel RC College in Darlington was thefirst Roman Catholic secondary school toconvert to an academy in the Hexham andNewcastle diocese, which stretches from theScottish Borders to the River Tees.

It led the way for the North Eastregion’s 162 Catholic schools bysuccessfully completing the

transformation to academy status followingapproval from the Diocese in October 2011.

Watson Burton advised Carmel RC Collegethroughout the conversion process, andworked closely with the Diocese and theDepartment for Education to ensure thesuccess of this groundbreaking conversion.

NEW CONFIDENCEMaura Regan is Principal of the College.She believes the major advantages ofacademy status include a greater sense ofownership, freedom and autonomy for theschool and for parents, students, staff andthe wider community.

The school will now be able to balance itsown budget, deciding where money shouldbe spent within the school, for example onsupply teachers or a particular subject area.It will also be able to set its own pay andconditions for staff, and have control overthe length of the school day.

Currently academies are paid for entirelyby the Government, whereas a tenth ofcapital costs of voluntary-aided Catholicschools are paid for by the Church. By Julylast year 84 Catholic schools had expressedtheir interest in becoming academies.

Maura Regan said: “The confidence itbrings for us to be able to forge our owndestinies is powerful. We will always work inpartnership with our diocese, schools andauthorities but we now have the ability tofocus on issues which are real priorities forCarmel College, and that is an undeniablebenefit for our students, staff andgovernors.”

CATHOLIC SUPPORTCarmel College’s conversion to academystatus followed the Catholic church’s

announcement early in 2011 that it wouldsupport schools that wanted to opt out oflocal authority controls.

The Right Reverend Malcolm McMahon,a Catholic bishop and the chairman of theCatholic Education Service, issued astatement at the beginning of 2011 saying:“We have reflected at length on Catholicsocial teaching and our responsibilities tothe wider community and the poor. We arenot in favour of a free-for-all in which someinstitutions flourish whilst others wither, forour schools are not just lone institutions,they are part of a family both of Catholicschools and the wider landscape of schools,”

The bishop added that: “The landscape ischanging rapidly and we must be preparedto innovate and adapt with it, whereverappropriate to fulfil our mission in Catholiceducation. We remember that the primarypurpose of Catholic schools is thepromotion of the common good throughthe education of children.”

NEED FOR TRUSTED ADVISERSMaura Regan understood from the outsetthat the process of conversion requiredtrusted advisers to help Carmel through toacademy status.

She said: “Steering Carmel RC College toAcademy status was likely to be the mostsignificant event in my time as Principal. Itwas important to the governors and myselfthat we appointed the right people with theright expertise to ensure a conversion thatwould stand the test of time and preserveall that is good about our College.

“We carried out a rigorous selectionprocess and Watson Burton became the lawfirm of choice because of theirprofessionalism, accessibility and mostimportantly their knowledge and first-handexperience of academy conversions.

“There are firms that focus more on a‘knock down price’ rather than a qualityprovision and I believe that governors andhead teachers need to look at the biggerpicture when deciding on a law firm. Wehave received excellent value for moneyfrom Watson Burton and have beensupported throughout by the superb teamled by Gillian Hall. Every possible questionhas been answered, every request has beenscrutinised and every document reflectswhat we want to see as part of ourconversion.”

The law firm had to negotiate all the legaldocumentation, including transfers ofassets, funding arrangements and propertyissues. The team was also successful insecuring a longer pension deficit repaymentperiod which will benefit all convertingschools within the County Durham LocalGovernment Pension Scheme area.

Watson Burton senior partner and head of education and skills, Gillian Hall said:“By establishing the region’s first academywithin the Roman Catholic Diocese ofHexham and Newcastle, we have created a model which will benefit other RomanCatholic schools.

“We are delighted to have been part of theteam helping Carmel College in this hugeachievement. I would also like to pay tributeto the Bishop and the Diocese for the helpthey have given in moving the projectforward.”

Carmel College is one of the top performingschools regionally and nationally at bothGCSE and A level. It was ranked as‘outstanding’ in all categories in its latestOfsted report.

16

Supporting a change in education

Supporting achange in education

In May 2011, Dr Elizabeth Sidwell tookup her role as the Schools Commissioner.Her mission is to raise standards, tackleunderperformance and champion thegrowth of academies, academysponsors and free schools.

Her stated aim ismore goodschools for all

pupils, regardless of background.She accepts that this will be achallenge in some areas across thecountry. In a very telling quotation,she says:

“I will not shy away fromconfronting failure, and I will behonest when I don’t think schoolsare improving fast enough. Mydirect experience of transforminga good school to great, turninground a seriously failing school,transforming primaries and settingup a new school means I am notasking anyone to do what I, andothers across the country, havenot already done.”

So far, both of the main politicalparties have supported the creationof academies - schools which areessentially independent institutions,outside the control of their localauthority, and which are directlyfunded by the Department forEducation.

The previous Labour Governmentintroduced the concept ofsponsorship, encouragingindividuals and organisations totake over the running of failingschools, often providing additionalfinance. The Coalition hasapproached academies from theother end – encouraging successfulschools to seek independence,with the condition that they providesupport and leadership to a lesssuccessful entity.

Sponsors This is now being taken to thenext stage – under performingschools will be identified as willpotential sponsors, and newsponsored academies set up.

Schools which are performingwell and are converting toacademy status must havecommitted, as part of the applicationprocess, to supporting anotherschool. One of the ways theymight choose to do this is throughsponsoring another school inbecoming an academy.

This is a significant commitmentof time and resource – the schoolneeds to have the capacity tosupport the improvement of anotherschool in a formal long-termpartnership. All low performingschools which wish to become anacademy must have a sponsorwho will bring added drive, expertiseand capacity.

Sponsors have made a hugecontribution to the academiesprogramme to date. A goodsponsor can play a pivotal role inturning round and improving thelife chances of pupils in some ofthe most disadvantaged and worstperforming schools in the country.

Sponsors come from a widerange of backgrounds, including,universities, further educationcolleges, businesses, academyconverters and educationalfoundations to name but a few.

All sponsors bring a record ofsuccess in other enterprises anda diverse range of experience andexpertise, which they are able to

17

Supporting a change in education

Gillian Hall

Find out how the Education team can helpyou by getting in touch with Gillian Hall, Call 0845 901 0955 or send an email togillian.hall@watsonburton.com

apply to their academies inpartnership with experiencedschool managers. What unitesthem is a passion for educationalexcellence, opportunity andcapacity to bring it about.

Academy sponsors areaccountable for progressive andsustainable improvements toperformance in their schools.They must lead on improvementand challenge traditional ways ofthinking on how schools are runand what they should be like forstudents. They must seek toachieve success, and must breakwith cultures of low aspiration.

In return, sponsors know they aretransforming lives for the nextgeneration. For some, it is puttingsomething back into communities- often communities they know well.

Excitement forchange The dedication to, and realexcitement for, education andchange - as demonstrated byexisting sponsors - is infectious,and the best inspiration for thoseconsidering becoming sponsorsthemselves. They bring realexpertise across a range of skillssuch as business acumen, legaladvice, financial management andadministration.

Sponsors are responsible forestablishing the academy trustcompany, the governing body and the appointment of the headteacher. Once a head teacher isappointed, the sponsor will workwith them closely to develop theorganisation, staffing managementand leadership as well as anacademy’s ethos, vision andcurriculum, so the academy canhit the ground running. Sponsorswill challenge the head teacherand staff, and hold themaccountable for performance.

The academy trust company isthe legal body responsible forrunning the academy. The trustcompany ensures compliancewith the statutory and contractualobligations placed on academiesthrough legislation, and theirfunding agreements. In establishingthe academy trust company, asponsor can often draw upon

awide range of expertise tosupport the school.

When the academy opens, eachsponsor brings a diverse range ofexpertise, time and effort to thatparticular academy. No matterwhat their approach, they cannotdeliver real transformation withoutworking effectively with the academytrust company, governing body,principal and senior leadershipteam of the school.

More generally, sponsors remaininvolved in the life of the academyin different ways through events,mentoring, business links andoften championing the academyin the wider community in order to bring new resources to theacademy. A sponsor’s innovationand expertise is highly valued bythe students, head teacher,teachers and governors alike.

The range of sponsors has becomeincreasingly diverse. Since May2010, sponsors have not beenrequired to make a financialcontribution to the establishmentof an academy. Sponsors are alsonot required to establish or supportan endowment fund either.However, they can, at their owndiscretion, decide to supportacademies financially before orafter an academy is established.This is welcomed and can enablethe academy to provideopportunities for its pupils that are not supported throughGovernment funding.

More recently, outstanding schoolsand academies have themselvesbecome sponsors, bringing otherschools into a single multi-academytrust company, deploying theirexpertise and resources to improveweaker schools. This developmentwill become of even greaterimportance in the next few yearsas Dr Sidwell grows into her role.

SupportWatson Burton has acted for asignificant number of outstandingschools on their conversion toacademy status. We know thatmany of them are looking atsponsorship – some already havestrong links with particular schools;in other cases they are beingasked to take on the sponsor’srole by Government.

Successful sponsors of groups of academies typically have anorganisational structure forsupporting the schools within their multi-academy trust company.This is funded through a share ofthe additional resources providedto each academy in place of localauthority funding.

In addition, any group of schools,regardless of their individual Ofstedratings, can apply in partnershipto join the academy programmeas long as at least one of themember schools is performingwell. We have seen this in severalof the conversions we have beeninvolved with. The schools do nothave to already be in a federationbefore applying. Each applicationwill be considered on its merits,and the Secretary of State willonly approve those where he issatisfied the schools have thecapacity to enjoy academyfreedoms and there are appropriateaccountability mechanisms in placeto support weaker schools toimprove.

Every school in the convertinggroup gets the £25,000 granttowards the conversion, whichcan be used to support the wholegroup. There are some smallerschools which find this a veryattractive option and enable themto share expertise and resourcesto help support each otherthrough the conversion process.

RaisingeducationalstandardsThe Department for Educationand the National College arekeen to encourage moreschool-to-school support andpartnership, as they believethere are clear benefits for allparties involved. Many NationalLeaders of Education leadschools, and one of the ways inwhich they can do this isthrough coming together as a group of academies. NationalLeaders of Education are ideallyplaced to lead clusters ofschools seeking to convert toacademy status in partnership.

Raising educational standardsin pupils is of huge importance,but there is also enlightened selfinterest at work. More studentsfrom these improved schoolswill go on to further and highereducation and higher levelapprenticeships – whichbenefits society at large and the educational sponsorsthemselves.

We are delighted to be playingsuch an active part in such animportant area of work.

Adding value

18

In the highly competitive legal sector,Watson Burton recognises that thedelivery of a quality service built on acommercial understanding of a client’sbusiness can set one law firm apart from another. Duncan Reid, Head ofCorporate, explains one of the ways in which the firm has achieved this,demonstrating its commitment to clientcare through the provision of practicalbusiness solutions in line with theirbusiness requirements.

Duncan Reid, Head of corporate group,Watson Burton

Adding value

19

Building relationships

As a firm, we aim to make a genuinedifference to each of our clients, talking

through issues to provide sound, objectiveadvice that adds real value. Our focus on thedevelopment of long-term productive clientrelationships ensures that we are positionedas business advisors as well as lawyers; aconcept which we believe differentiates us as legal providers.

A commitment to client care is fundamental to the way in which we conduct our business,with the aim of making our clients’ interactionwith us both seamless and cost effective. Onthis basis, we strive to gain an in-depthunderstanding of our clients, their businessesand the sectors in which they operate, so thatwe can adapt our extensive expertise to anysituation they may face.

Watson Burton prides itself on being pro activein assessing the requirements of individualclients through a continuous review process,with a view to pre-empt any problems beforethey arise. For one client in particular, thisethos has proven extremely effective.

Bespoke solutions

Our aim is to provide bespoke,practical business solutions to

ensure that our clients’ experience of legalservice benefits them and the overallfunctionality of their business. With this inmind, the firm designed a product in-house to resolve an issue that was identified by a key client, who was having difficulty keepingabreast of the growing stream of legal workbeing undertaken on their behalf.

From the client’s perspective, this issue

presented them with a number of concerns inrelation to project planning, time managementand uncertainty over the control of their budgetfor legal advice. For the firm, this created agreat challenge, and to address this, we haveimplemented a new system to eliminate theclient’s concerns and create a more efficientway of working.

To better serve the client, the firm has undergonean in-depth evaluation of the service providedto this client, which has resulted in the

development of an innovative case managementworkflow system. This specifically designed inline with the client’s requirements.

To develop and launch the product, WatsonBurton has called upon the expertise of itshighly talented technical team who have workedtirelessly to develop the workflow system,designed to be user friendly, informative andadaptable, utilising the same process aspreviously used, but in a more efficient manner.

A new system

The new system was designed withinput from the client at every stage

of the process. Throughout the designelement, Watson Burton’s designated clientteam worked alongside the client in agreeingcore tasks which were required to completeeach transaction, with specific milestoneshighlighted throughout each matter. Thisresulted in the tasks identified beingintegrated into the workflow system and being

applied to the retrospective matter. Themilestones were then grouped into a caseplan which is programmed ultimately torecord of progress for each transaction.

Each matter was then published to an onlineextranet, which is automatically linked toprogress plan of the relevant transaction. Theclient and any nominated third party, is thenprovided with access to the information to

ascertain the stage at which the firm’s teamare at with each task.

The implementation of the case managementworkflow system provides an excellentplatform of communication; with an update onthe progression of transactions provided tothe client in less than a minute, enabling themto focus on other projects in the knowledgethat their trusted lawyers are on the case.

ADDING VALUE

ttoo this clieenntt,,

”Watson Burton prides itself on being proactive in assessing the requirements of individual clients through a continuousreview process

Adding value

20

Watson Burton’s lawyers genuinely enjoypractising law and believe

that our clients enjoy working with us, so we take great pleasure in actingas an extension of our client’s team. IT Manager, Jonathan Smith, andLegal Executive, Louise Williamson, are two key representatives of theclient team who have implemented the workflow system; we spoke tothem to see what their thoughts were on this project.

AN EXTENSION OF THE TEAM

Themain aim of the project was tostreamline the work in which we

undertake on behalf of the client andimprove the flow of information regardingthe progress of transactions.

My team worked incredibly hard behind thescenes in building the workflow system toensure that it was fully compatible with theeveryday working conditions of both the clientand the lawyers. It faced a rigorous testingprocess before it was launched, with everyaspect devised in great detail for ease of use.

It was incredibly satisfying to develop andlaunch this project on behalf of the client, andwe are now looking at ways to branch out inoffering this to other clients, bespoke to theircircumstances.

As an advisor to the client, I amextremely happy with the system

and the benefits that that the client hasreceived in daily usage of it. Products suchas this are easily bought off the shelf,however, we were of the thinking that indoing this, the workflow system would nothave aligned itself as easily to the client’srequirements, so the best course of actionwas to design and create our own.

Thanks to the technical excellence of Jonathanand his team, we have delivered a bespokeworkflow specifically designed with input fromthe client for individual work types, delivering a

product that is more suited to the client’srequirements. Projects such as this are anextremely important offering to our clients as itplaces them in a unique position of being ableto control minor details of every transaction,from lawyer level down to budget – providingmore transparency in relation to theirtransactions ..

We look forward to undertaking further workon the project for the client and creatingbespoke products for clients across the firmwhere the need arises.

Tuimt

Mseeap

Jonathan Smith, IT Manager, Watson Burton

Louise Williamson, Legal Executive, Watson Burton

21

recently marked 200 yearsas a leading commerciallaw firm with a celebratoryevent held to thank clients

and friends for their continued support.

The 200th anniversary dinner, which took place at the Tyne & WearDiscovery Museum in Newcastle upon Tyne, saw the firm’s nationalportfolio of clients gather in the Story of the Tyne gallery for achampagne reception followed by a three course meal in the Great Hall with an array of entertainment.

Celebrating 200 years of quality service

WatsonBurton

200Celebrating

years of quality service

Businesses representing a range of sectors were present at the event,such as construction and engineering, finance, nuclear energy,education, real estate and oil and gas. WS Atkins Plc, Bellway Group,Barnsley College, Hiscox Insurance Company Ltd, Contract NaturalGas and The Mansion Group were among those organisations thattravelled to the region to celebrate the unique milestone with thefirm.

Entertainment was provided in the form of Victorian themed stiltwalkers and human statues, a harpist and string quartet, culminatingin dinner closing with a unique performance by aerial artists, Serico.North East chamber musicians, Northern Chords also performedfor guests, with founder Jonathan Bloxham taking the lead on theCello.

Jonathan Sykes of Jones Laing Lasalle and Tracy Hall of Watson Burton

Celebrating 200 years of quality service

22

Alasdair Greig of North Star Equity Investors, Helen Milburn of Watson Burton and David Arthur of Tait Walker

Duncan Reid of Watson Burton, Andrew Mill of Narec and Jack McGrory ofVariable Message Signs

Patrick Harwood, CEO of Watson Burton

Gillian Hall, Senior partner of WatsonBurton A performance by Serico

Gillian Hall, Senior Partner at Watson Burton said “As a firm that isproud of our North East roots, we are delighted to have celebratedour 200th anniversary with clients and friends in the region whereWatson Burton was first formed.”

“Although the firm has extended its reach on a national scale, TheDiscovery Museum is apt in representing the time when our doorsfirst opened back in 1811 and we are delighted that so many ofclients were present at the event to celebrate this great achievementwith us.”

“The aim of the celebration was to thank our clients for theirongoing support over the years and to emphasise that WatsonBurton would not have enjoyed 200 years in business if it had notbeen for them. Feedback from clients since the event has proventhat it was a great success and the firm looks forward to enjoyingmany more years of productive relationships with our clients.”

Stephen McCoy of Frank Haslam Milan Limited, Andrea Gardner of Watson Burtonand John Wood of Tolent Construction

Celebrating 200 years of quality service

23

Alison Rhodes of Nexus, Lee Betchley of Watson Burton, Sonja Driller of WatsonBurton, Anne Randall of Atkins Plc and Jilly Ward of Atkins Plc

Trevor Phillipson of Tolent Constructionand Peter Stoker of Bellway Plc

Roisin Laird of Watson Burton and Ian Wilson of The IP Group

24

Celebrating 200 years of quality service

Gordon Bell of CCCS, David Jenkins of Watson Burton, Jackie Turner of WatsonBurton, Gearalt Fahy of Watson Burton, Lesley Cheeseman of CCCS and FionaMegaw of CCCS

24

Chris England of Contract Natural Gas, Tim Jones of Contract Natural Gas,James Nightingale of Watson Burton, Gavin Form of RF Consulting Ventures Ltdand Colin Coates of the Business Investors Group

Gerry Moran, Elaine Dunan and Elina Lusted of Hiscox with Richard Palmer of Watson Burton

Partners Tracy Hall, Richard Palmer andChristopher Graham of Watson Burton

Surgo secures strong future plans

25

Skilled staff, commitment to bestquality work whatever size thecontract and diversity of projects liebehind Surgo’s proudly held positionas the north east region’s longestestablished independent contractoraccording to Jeff Alexander, Surgo’sbusiness development director.

SECURES STRONGFUTURE PLANS

First established in1907, Surgo isa flexible,

profitable company which haswon a number of contracts thisyear and is looking forward withcautious optimism to 2012.

Jeff Alexander said: “Like mostconstruction companies our

turnover has dipped in the lastthree or four years, but we haveremained profitable which keepsus planning for the future. We aresuccessfully winning a similarnumber of contracts year onyear but they are likely to besmaller projects than in pre-recession days.”

Surgo secures strong future plans

26

HIGHLIGHTSSurgo’s highlights of 2011 includea high profile comprehensiverefurbishment of the TheatreRoyal in Newcastle, the £5millionconstruction of JesmondGardens School in Hartlepool, theinnovative Beacon at West Road,Newcastle, South TynesideCollege’s £2.3million refurbishmentand a number of healthcare andresidential schemes.

Watson Burton advises Surgo on

specific issues which requirespecialist input from the law firm’sconstruction and engineeringlawyers. Jeff Alexander said:“Watson Burton has a great ‘go to’approach for matters which areslightly out of the ordinary. Wehave gone to its experiencedteam for a number of issues andhave always been impressed withthe quality and effectiveness ofthe firm’s input.”

Jeff Alexander said: “I think it’s fairto say that 2011 has been achallenging year for the buildingsector. However, we have beenable to hold our own with a goodmix of contracts keeping us busy.”

He has been with Surgo since1989 and says: “We are a totallydifferent company from then tonow. The complexity of projectsand size of contracts we take onhave both grown significantly in

the last decade. We are muchmore strategic in our thinking,and although we’re staunchlycommitted to regional projectswe keep our eyes open forsuitable projects further afield.

We want to keep winningwork, delivering greatresults and picking uprepeat business byproviding our clients withthe quality they expect by

the time theywant it.

ADAPTING TO THEMARKETPLACEThe company believes it is well-positioned to win new work afterdeciding not make any majorinvestments and by maintaining ahealthy balance sheet. The valueof shareholders’ funds increasedfrom £3m to £3.2m last year andSurgo has strong bank reserveswhich boost its confidentposition. The company nowemploys around 110 staff.

Surgo’s managing directorJames Walker agreed. He said:

“We’ve had some toughdecisions to make, but they’vebeen the right ones. While thesize of projects has decreased,we are still picking up work andthere are still tender opportunitiesto be had.

“Equally we have a goodrelationship with many of our pastclients, who recognise the pridewe take in every project, nomatter what its value.”

Surgo secures strong future plans

27

Surgo completed the £4.9 millionrestoration project of the TheatreRoyal Newcastle which recapturedthe grandeur of the historic theatreand caught the imagination of thecity’s media, arts and businesscommunities.

James Walker is proud of theresults. He said: “It was an unusualjob, as it required us to restorethe original interior alongsidefitting new technologies includingsolar panels and dimmable lights.

“We’ve been lucky enough to beinvolved as part of a team withreal drive for the success of theproject which will ultimately benefitthe whole of the Newcastle area.”

Around 500 craftsmen from

across Europe worked on theproject, which was completed ina short 22 weeks – well beforethe theatre's 175th birthday in2012.

The intricate work completed bySurgo and the team of skilledcontractors involved in therestoration was remarkablydetailed. Actor and patronRichard Briers praised Surgo’swork, writing: “The quality of thework stands out in every areafrom the seating and carpetingto the wood and plaster workenhanced by the gold leaf. Justas the staff and theatregoers areproud to be associated withtheir Theatre Royal, SURGO canbe justifiably proud of the workthey have done.”

CUSTOMER FIRSTRoddy Gordon, head ofconstruction at Watson Burtonsaid: “The Theatre Royal is asuperb illustration of the pride,care and expertise Surgo givesto each project it takes on. Thecompany is a great example of aregional contractor who puts

customer satisfaction first, has apragmatic approach to contracts,and is fleet of foot. All threequalities have helped its robustperformance in recent years.”

James Walker is looking forwardto 2012. He said: “We want to

keep winning work, deliveringgreat results and picking uprepeat business by providing ourclients with the quality they expectby the time they want it,” he said.

“It’s hard work but good fun too.We’ve got lots of passionate

people working for Surgo whoare all equally important to theprocess. From the bricklayer tothe architect, everyone on site isdetermined to get the job donewell, on time and on budget.”

HIGH PROFILE CONTRACT

Newcastle's Theatre Royal following its £4.9 million refurbishment

The Theatre Royal refurbishment team

28

Caught in the Construction Act

The changes to the Act are fundamental tobusinesses operating within the sector interms of the implementation of crucial new

laws, most notably the extension of the Act to cover oral contracts.Whilst other changes, particularly those relating to payment notices,are more procedural in nature, the consequences of failing to complywith them could be serious for employers and contractors alike.

Sarah Wilson, Partner, Construction and Engineering Group

After years of discussion andspeculation, October 2011 finallysaw amendments to Part 2 of theHousing Grants, Construction andRegeneration Act 1996 come intoforce across England and Wales.

Caught in theConstruction Act

Caught in the Construction Act

29

Construction Act – the loopholesThe 1996 Act and accompanying Schemehave of course had a tremendous impactupon the industry, not least in their provisionfor statutory adjudication and the timelyservice of notices of withholding payment.The application by default of these provisionsto qualifying contracts whose express termsfail to satisfy the requirements of the Acthas meant the legislation has tended tooperate effectively within its intended limits.Those parameters are reasonably well definednow that the Judges of the Technology andConstruction Court have developed anextensive and coherent body of case law inthis area.

Nevertheless those same cases have servedwell in illustrating that the Act contained anumber of loopholes, which has resulted inthe legislation not being quite as effective atmodifying behaviour within the industry asoriginally hoped.

The 2009 Act essentially represents an attemptto broaden the ambit of the Act and to closea number of the loopholes which existedfollowing the introduction of the originallegislation. The recent changes which havebeen implemented seek to formalisecontractual obligations, providing participatingparties with a clearer idea of boundaries.

Key changesIn summary, businesses operating withinthe construction sector will need to be awareof the following key changes to the Act:

Legislation no longer applicable solelyto agreements in writing

Perhaps the single biggest limitation withinthe original legislation was that imposed bySection 107 of the 1996 Act. It stated thatonly agreements in writing, or evidenced inwriting, qualified for the purposes of Part 2of the legislation. Verbal agreements werebeyond the pale. The rationale behind thiswas that it was not thought possible foradjudicators, within the strictures of a fast-track, 28 day adjudication timetable, todetermine disputes arising under constructioncontracts effectively if they were unaware ofthe exact terms. Section 107 has been repealedin its entirety by the 2009 Act and constructioncontracts can now qualify whether they arewholly oral or partly oral and partly in writing.

Moving forward, this means that greatercare may need to be taken as to what is saidduring the tendering and negotiation process,and it is likely that this far reaching changewill also see parties bringing adjudicationssimply to determine what the terms of theircontract actually are.

Abolition of ‘Tolent’ clauses

Commonly named “Tolent” clauses,following the decision in the case of Bridgewayv Tolent, typically provided that the referringparty should be responsible for paying allthe costs of the adjudication.

This was widely recognised as a defect in theoriginal legislation as it meant paying partieswith greater pre-contractual bargaining powercould impose provisions which effectivelydisincentivised the payee from adjudicating.

The new legislation will re-adjust the balanceof power by stating that any agreement relatingto who pays the cost of the adjudication,must, to be effective, be in writing and if madeprior to the adjudication, the adjudicatorwill have the power to decide who pays thefees; or if made after the notice to refer thedispute to adjudication has been given candeal with who pays the parties costs.

Payment notices and determination of payments due

The complaint commonly made in regard to payment notices within the 1996 Act wasthat it lacked teeth, at least when comparedto the provisions relating to the withholdingnotices section of the Act.

The new Act has seen the introduction ofchanges which states that the amount dueand time for payment cannot be tied toperformance obligations under anothercontract. This clause is intended to eradicatethe much criticised ‘pay when certified’clause, widely considered to be a sub-species of the ‘pay when paid’ clausesoutlawed in the 1996 Act.

The other complaint frequently made aboutpayment notices was that there was noeffective sanction for a failure by the payingparty to serve the notice of payment requiredby that clause. The 2009 Act thereforepermits the payee to issue the paymentnotice if the paying party fails to do sowithin the prescribed time.

Withholding notices and requirementto pay the Notified Sum

Much of this section is a revamp of theexisting legislation, however, its provisionshave been given added value by virtue oftheir relationship with the new, more effective,provisions to be found within the amendedpayment notices section.

Under the new legislation, if the payingparty fails to give effective notice of hisintention to pay less than the “NotifiedSum” i.e. the amount stated in a Notice of Payment, then its obligation is to pay that Notified Sum. The effectiveness of this provision is now guaranteed by anamendment which permits the payee toissue the Notice of Payment if the payerdefaults in doing so.

Act now!The revisions which have been made to theConstruction Act 1996 will undoubtedlyhave an impact on the contractual processfor businesses across the sector, withpayment, suspension and adjudicationactivities facing tighter restrictions.

With this in mind, it has become increasinglyimportant for all participating contractingparties to have a thorough knowledge of the recent amendments to the Act beforeinstigating the contractual process.

Find out how the Construction and Engineering Group can help you by getting in touch with Sarah Wilson on 0845 901 0930 or email sarah.wilson@watsonburton.com

Moving in the right direction

30

Moving in the rightdirectionTracy Hall, Head of Real Estate Group

A recent analysis of the UK economy undertaken bythe Office of National Statistics (ONS) highlights adeepening divide between the North and South of the country in terms of its rate of recovery, with theNorthern region displaying slower progress than theSouth of the country.

With this in mind, whenI announced tofriends, family

and clients that is was my intention to headback to the north east to take up the role ofGroup Head of Real Estate within WatsonBurton’s Newcastle, Leeds and Londonoffices, I got very mixed reactions rangingfrom “that’s nice dear” to “are you mad inthis market?” dependant on whether theaudience at the time consisted of mymother or a property professional.

Given that for over ten years I have beenpracticing in Leeds and covering ageographical area spanning all corners of Yorkshire, Greater Manchester andLancashire, all of which have more recentlyfallen on pretty bleak times, I took the viewthat I was up for the challenge. My formeroffices in Leeds are surrounded by stalledand what were to be very significantdevelopment sites, most of which arecurrently being operated as temporary carparks. Why should Newcastle present anymore challenges than that, I thought.

Moving in the right direction

31

Its all about timingSo what does the current market inNewcastle hold in store for me andmy team?My first reactions are that this is a regionwhich will genuinely miss the verysignificant and strategic influence of one of the most successful RDAs in the form of ONE North East, that public fundingand intervention will still be required toregenerate some of our more entrenchedand deprived areas and that the privatesector will struggle to take the lead on a lotof what is required to be done. Privatelydriven development is sporadic, generatedby its own specific circumstances and to a large extent geographic. The retail andoffice lettings market is at best a mixed bag and the investment market is lifeless.

But the same could be said for mostregional centres around the UK currently -we all read that the only market whichremains immune and continues to thrive isLondon where much of the investment iscoming from foreign sources looking forcredible opportunities in these difficulttimes.

Happily at Watson Burton amongst asignificant and good quality client base I findlong established residential house builderswhich are still extremely active across thewhole of the north of England and beyond -some very strategic private developer clientactivity fuelled by public sector infra structurefunding thereby allowing the developmentsto attract enough interest from good qualityend users to enable phases to be rolled outseamlessly - and long term utility distributionclients who continue to invest in infrastructureand promote broader development.

Revitalisation Taking a walk around Newcastle I see four regeneration proposals which couldsignificantly revitalise the city - StephensonQuarter with its support from Newcastle

City Council which clearly regards this ascritical to the regeneration of the area behindthe Central Station (and upon which we areinstructed), the former Co op Store schemeof Merchant Place Developments, EastPilgrim Street (which has been a developmentsite since I left the city all those years agoand is seriously crying out for attention)and the Fusion scheme in Clavering Placeproposed by Buccleuch Property. Each ofthese schemes is of merit and in a differentmarket would be flying. We have to believethat one or more of them will take legs asmarket tensions ease and the banks genuinelydo get themselves open for business. Localauthority support in whatever form it comes- whether it be through the planning process,direct or indirect public funding, taxincrement financing or other initiatives -will be critical to kick-starting the process.

Clearly beyond city limits we have thenewly announced Enterprise Zones but thegenerally held view amongst propertypundits is that with the majority ofinducements associated with these areasbeing focussed on occupiers rather thandevelopers, it is difficult to see at this stagehow effective they will be. We may seelonger term benefits to the overalleconomies of the two designated areas -namely the Teesside Zone where the focusis on petrochemicals and low carbon andthe A19 Corridor where again the emphasisis on low carbon - but the current initiativeis unlikely to encourage a broader base ofdevelopment or produce significant earlywins. Nevertheless the hope is that longterm sustainable results will be achieved ifinterest can be generated soon enough tomeet the tight time limits imposed on theseareas and hopefully some of the excesses

associated with the last round of EnterpriseZones of the 80s and 90s will be avoided.

Relishing a challenge In summary I believe the development marketis slow but nevertheless alive and kickingand, with the legacy of the significantdevelopment we enjoyed during the mid tolate 90s and the early part of this century,there is something really positive to buildon – going forward we are not looking at acompletely cold start. Science Central, aproposed campus for the science industryon the former Scottish & Newcastle siteowned and being planned by NewcastleCity Council and Newcastle University, isanother example of what can and will happenover the next few years – even without theONE funded 1NG which, until it was axedearlier this year, was taking the lead on theproject. And what an achievement that willbe for a site which was badly contaminatedand the very recent previous use of whichwas completely inappropriate to its locationwithin the city in these modern times. Thecity centre has been transformed substantiallyalready and an optimist like me would saythat a significant element of the otherprojects – “oven ready” to varying degrees- will be brought forward over the next 2 to3 years with collaborative support acrossthe private, public and banking sectors.

My team is relishing the prospect of tacklingthe legal work associated with the challengesof such redevelopment and regenerationprojects.

These may be lean times but I take the viewthat going forward my timing has beenrather strategic – we are in for an interestingride and we are going to enjoy it!

Find out how the real estate group can help you by gettingin touch with Tracy Hall. Call 0845 901 2067 or emailtracy.hall@watsonburton.com

Full throttle for Ubisoft Reflections

32

FULL THROTTLEFOR UBISOFT REFLECTIONS

Ubisoft Reflections videogame development studiowas founded in 1984 inNewcastle, where thecompany still has its base.Its Driver series of videogames have sold over 15million units worldwide,and they are noted for their character and style.

Full throttle for Ubisoft Reflections

33

In 2006 the company, originally calledReflections Interactive, was boughtby French publisher Ubisoft, which

has the second largest in-house developmentstaff in the world with 19 studios in 14countries. It divides its business intodevelopment, publishing, and distributionsegments.

TALENTED STAFFGiselle Stewart, General Manager of UbisoftReflections, said: “We succeed because ofthe talent and expertise of our staff, and weare fortunate to be based in a region whichhas become a hotbed of software technologyability, attracting the best in the gamesindustry to the north east.”

The company is keen to nurture young localtalent, and supports university students whohope to have a career in computer gaming byoffering internships. Ubisoft Reflections alsosponsors Teesside University’s ExpoTeesAwards to celebrate the achievement andskills of students studying at its School ofComputing.

Giselle Stewart said: “The University ofTeesside’s ExpoTees awards are good newsfor us; we are able to spot new creative talentto further our success as a developer ofsuccessful driving games. We are proud ofour close links with the region’s universitiesand enjoy watching creativity and skillsdevelop as students progress.

“We love home-grown talent – first of all, itmeans staff are not just coming to us for twoyears and then disappearing again, our staffhave huge loyalty to the region, and I wouldsay 40% of staff are from the north east – butwhen I say the north east, that’s because theycome to university here and then stay.”

MAKING GAMINGHISTORYUbisoft Reflections became part of gaminghistory in 1999 by staying in the Top Ten for

51 weeks with its BAFTA winning Drivergame. There have been five main instalmentsreleased by Ubisoft Reflections, the mostrecent of which is Driver: San Francisco.

Ubisoft Reflection’s innovative technology hascreated a new gaming genre called OpenWorld, which is used throughout the Driverseries. The company employs a highlyqualified team of development staff, most ofwhom are qualified to degree level in subjectssuch as computer science, mathematics,physics, sound, animation, art and gamesdesign; some of the development team arequalified to Ph.D level.

Dr Richard Wilson, chief executive of TIGAsaid: “The release of Driver San Franciscoshows that the UK has a highly talented andqualified games development workforce thathas the ability to develop Triple A videogames. Everyone in the UK video gamesindustry will want to congratulate UbisoftReflections on completing the game and wish them commercial success.”

VISION FOR THE FUTUREUbisoft Reflections constantly challenges itselfto create unique, exciting experiences forcomputer gamers. The company’s vision is to: “Power the studio with innovative, talentedand dynamic teams; challenging them tocontinually reinvent and improve, to be sureReflections remains a world class studio.”

Giselle Stewart is a member of the AdvisoryBoard for Women in Game Development inthe UK, which aims to encourage more womento join the industry. She said: “Althoughgames development was traditionally a maledominated industry, it is changing fast, withmany more women being an important part of all development teams.

“Many games are now targeted specifically at women, with the developers looking toinclude more women on the teams to helpintroduce a female perspective to thedevelopment process. I’ve found an excitingand rewarding career in a games developmentcompany and it’s good to see more womenrightfully taking their places in developmentteams.”

Watson Burton has been advising UbisoftReflections for many years. Giselle Stewartappreciates the specialist expertise at the lawfirm. She said: “Watson Burton takes the timeto understand our priorities and offer relevant,useful advice which can make a real differenceto our business.”

Ubisoft Reflections are looking forward to thefuture and making more of the best sellinggames in the world here in the North East.

We love home-growntalent – first of all, itmeans staff are notjust coming to us fortwo years and thendisappearing again,our staff have hugeloyalty to the region,and I would say 40%of staff are from thenorth east.

Giselle Stewart,General Manager ofUbisoft Reflections

Employment Law: A clearer picture

34

Michael Ord, Partner, Employment Group

As a business, keeping up to date with changes inlegislation and obligations as an employer can sometimesbe quite difficult. 2011 has seen a number of alterationsmade to employment regulations in an effort to build aclearer picture of employment law. Employment specialistMichael Ord looks at three recent areas of change whichmay require your attention and where early legal advicemay be needed.

Employment Law :

Many employers use agencyworkers as a means of meetingflexible demands for labour and tofill temporary skills gaps in theirown workforce, including forextended periods. Under theAgency Workers Regulationswhich came into force on 1October 2011, these AgencyWorkers (“AW”s) have a numberof new rights designed to bringthem in line with direct employees

Agency Workersin a number of areas.

The rights fall in to two categories;those which apply to all agencyworkers (“Day 1 rights”) and thosewhich only apply if an AW hasbeen working “in the same rolewith the same hirer” for 12 weeks.

The “day 1” rights must be providedto all AWs at your place of work.They are that the AW has the rightto be treated “no less favourably”

than a direct employee

a) in relation to collective facilitiesand amenities provided by thehirer and

b) to enable the AW to findpermanent employment withthe hirer.

This means that you must allowAWs access to canteens or similarfacilities (including with any

appropriate discounts), childcarefacilities and transport facilities.Equally notification of availableroles within the business must beas accessible to AWs as they areto direct employees, so theadvertisement of internal vacanciesthrough (e.g.) an intranet facilitymight not comply with therequirement if that was the onlymethod of “advertisement” and ifAWs did not have any or had less

A clearer picture

35

Employment Law: A clearer picture

than full and easy access to theintranet.

The rights which accrue after 12weeks are, in effect, to ensure theAW receives the benefit of thesame basic terms and conditionsas a direct employee. Note thatthey only apply after 12 weekscontinuous work in the same role(but there are complex anti-avoidance provisions). The termswhich must be equal relate topay; the length of working time;

night work; rest periods andannual leave.

Importantly “pay” does not includesick pay; retirement benefits orcompensation for loss of office;maternity, paternity and adoptionpay; redundancy schemes orarrangements such as shareoptions. Bonuses are coveredunless they are by way of loyaltyor long-service payments.

The impact of the regulations and

the likely uplift in charges raisedby Agencies to meet therequirement for equal pay andtreatment being passed on to theAW may make the regular use ofagency staff less attractive than ithas previously been. Employersmay consider the increased useof directly employed casual staffor staff “banks” as an alternative.If the business has a gradingwhich includes length of service(e.g. if employees begin on a form

of 2starter” grade) then careneeds to be taken to make surethe AW is being matched with thecorrect grade of employee.

So long as agency workers areused care needs to be taken toensure that the new regulationsare complied with. The terms ofyour agreement with the agencyneed to make it clear who will beresponsible for ensuringcompliance.

The Government’s “family friendly”programme now includes theright for fathers to take additionalpaternity leave of up to 6 monthswhen their wife, partner or civilpartner has returned to work (ineffect allowing the father to “useup” the balance of the mother’sMaternity Leave when she hasreturned to work before the endof her Additional Maternity Leaveperiod. The rules also apply toadoptive parents.

Although the change was madesome time ago (it relates tochildren due on or after 3 April2011) it is only now that the firstapplications for this leave are beingmade as the maximum periodwhich can be taken is 26 weeksand the leave can only be takenonce the mother has returned towork.

The likely take-up of these provisionsis unclear. It may well be used incircumstances where the person

taking the initial period of leave isthe primary bread-winner in therelationship and would protecttheir rights to return to the samejob after (ordinary) maternity leave.

Difficulties may emerge if it issuspected that someone appliesfor this leave in circumstanceswhere they may not be entitled totake it. As well as qualificationrequirements there are provisionsrequiring the mother or adopter toconfirm that the person is the only

person taking additional paternityleave in relation to the child andthat she has returned to work.

There may be implications forworkforce planning. There is noobligation on a person intendingto take the leave to give morethan 8 weeks notice of intendingto take this leave which can lastfor up to 26 weeks (and could befollowed by a period of parentalleave if the employee makes anapplication).

Additional Paternity Leave

The Government announced in2011 that with effect from April2012 the qualifying period foremployees claiming to have beenunfairly dismissed will rise from its’current level (52 weeks ofcontinuous employment) to “twoyears”.

What will be the real impactfor business? Whilst the government indicatesthat the risk of unfair dismissal(and only having 1 year to dismisspeople without that risk) is adeterrent to recruitment, manycommentators are far fromconvinced. No evidence exists tosupport the correlation betweenthe length of qualifying service forunfair dismissal and recruitment /

unemployment rates.

One unintended but much predictedconsequence may be thatemployees whose employment isterminated will seek to bring claimson other grounds (i.e. discriminationclaims) as no qualifying period existsfor such claims. Whilst unmeritoriousclaims should be weeded out therewill still be the burden of takingadvice and dealing with the claimonce made. Equally the impactmay be to stagnate the job marketto some extent with people beingreluctant to move between jobswith the lengthy loss of protectionfrom unfair dismissal.

At the same time it seems certainthat fees will be introduced for

tribunal claims. Those claimantsliable to pay a fee (which willprobably exclude anyone onbenefits such as jobseekers’allowance, so the scope of thischange will be questionable) willhave to pay (it is expected) £500to lodge a claim and £1000 whenit is listed for a hearing. They willbe refunded if they win but thefees will go to the treasury if theydo not. How this system will dealwith agreed settlements isdebateable, but another likelyconsequence will be that the feesregime will be used as a recruitingtool for trades unions who willstand by their members and meettheir fees if they are unfairly treatedby employers.

Changes in Employment Rights in 2012

Find out how the employment team can help you by gettingin touch with Michael Ord. Call 0845 901 2036 or send anemail to michael.ord@watsonburton.com

A year to remember

36

A year toremember

The firm’s 200th anniversary yearhas registered manyachievements, both within

Watson Burton and on behalf of our clients. Ithas been a very exciting time to be involvedwith our firm. We have continued to buildupon and develop the forward-thinkingbusiness model that makes Watson Burtondifferent to many law firms, whilst achievingimpressive growth in our portfolio of regional,national and international clients.

Our main ambition for this year was to investin and build strong client relationships throughthe provision of a highly integrated service,maintaining always the firm’s progresstowards anchoring our position as acommercial practice of national significance.Much has been achieved during 2011 in theseimportant areas.

Success for our clients We are immensely proud of the talentedindividuals who work in our business, andrecognise the skill and effort that they apply toserving the needs of our clients. WatsonBurton’s mission to develop a productive andsustainable partnership with clients, thatbenefits both parties and builds long termrelationships, has been at the forefront of ouractivities this year.

During 2011 the firm’s highly capablecorporate group, led by Duncan Reid, hasadvised on deals worth in excess of £225million. Completing over sixty majortransactions for clients including W.S AtkinsPlc, National Renewable Energy Centre(Narec), Lansinoh Laboratories, Tanfield GroupPlc, NorthStar Ventures, IP Group Plc andHG1 Limited, the team has established itscredentials as a highly focused and effectivepresence in the market during 2011.

Particular highlights for the corporate teaminclude; advising W.S Atkins Plc on theacquisition of global consulting andengineering company, Pöyry PLC for EUR17.25 million (circa £15 million) and helpingNarec successfully secure £25 million worth ofinvestment from the Energy TechnologiesInstitute (ETI) that will be applied to thedevelopment of a world-leading offshore testfacility, to be sited in Blyth, Northumberland.

As 2011 draws to aclose, Chief ExecutiveOfficer, Patrick Harwood,reflects on what hasbeen a memorable year for Watson Burton

A year to remember

37

Partner and Head of the professionalindemnity grouping, Richard Palmer, hasbeen successful in leading our specialistteam to extend its national reach through aseries of impressive case wins and theappointment of two more solicitors, MalcolmRogers and Caroline Rye. During 2011, thistalented team has successfully defended ahigh profile claim in the French Court ofAppeal and also negotiated with a Claimanton a £750,000 claim against a localprofessional at mediation, resulting in theclaim being avoided entirely. Currently, theteam is working on a number of 8 figureclaims against a range of professionaldisciplines, on behalf of four of the country’sleading insurers.

The commercial litigation team also staged acoup earlier this year in acting for a numberof clients in the successful appeal againstpenalties imposed by the Office of FairTrading (OFT) following its six yearinvestigation into “cover pricing” within theconstruction industry. In one of the largestinvestigations ever undertaken by the OFT,Watson Burton acted for five of the twenty-five national constructing companiesappealing the fines, more than any other UKlaw firm. The case resulted in a dramaticreduction in fines for the firm’s clients, withone company saving over £1 million.

Watson Burton’s highly regardedconstruction and engineering group has alsoenjoyed an impressive year, despite theeconomic pressures faced by this industry.The team’s hard work has provided anumber of national and international clientswith important results and their participationin large scale and complex projects acrossthe country has maintained their nationalreputation for excellence. In the leadingindustry publication, The Legal 500, the teamis placed in the top tier of firms in the North,for the ninth consecutive year.

Our nationally recognised employmentgroup, led by Christopher Graham, hasstrengthened its service offering during 2011with a number of significant appointments.The firm has invested heavily in this team,ensuring that our capability and capacity isproperly geared to work as a seamlessextension to our clients’ teams. We aredelighted to have welcomed solicitors RoisinLaird, Kerry Waters, Sonja Driller and LeeBetchley, into the employment team duringthis year.

Across the real estate sector, the firm hasperformed strongly during 2011, undertakinga number of technically demandingassignments for some of the firm’s mostsignificant national clients. Led by partnerTracy Hall, the forward-thinking real estateteam has represented some of the country’smost active developers and continues tobuild on its strong track record of handlingcomplex negotiations for major commercialand residential schemes, helping to

transform the landscape and doing its bit toboost economic confidence.

These highlights have been just a few of thefirm’s successes in our 200th year ofbusiness, with many more expected tocontinue into the New Year and beyond.

Clear directionThe past three years have seen the firm re-evaluate its business model in order to ensurethat Watson Burton positions itself securely asa successful legal business, rather than just acollective of capable individuals. This hasrequired a rigorous audit of the business, fromthe services we provide to our daily interactionwith clients, with a view to fully developing ascalable commercial entity that places itsclients needs at the core of service delivery.

This re-modeling of Watson Burton’s businessstrategy has inevitably led to the departure ofsome valued colleagues and friends in recenttimes; we wish them all well in their futurecareers. As the business now starts todevelop and grow again, we have invested ina number of new talents; we believe thesepeople will be key assets in our highlymotivated team moving forwards.

Our most senior appointment during 2011saw the firm replace Simon Scougall,following his move in-house to Bellway Plc.Tracy Hall joined Watson Burton this summeras national Head of Real Estate, bringing withher an extensive technical knowledge andexperience of working with both private andpublic sector organisations. We have recruiteda number of highly experienced lawyersacross all areas of the firm during 2011and willbe making several more senior appointmentsduring 2012.

We take great pride in the knowledge thatevery person who works within our firm playsa proactive part in achieving our collectivevision and an integral role in implementing ourstrategy of raising the profile of Watson Burtonas a successful national brand with a clearsighted business strategy.

200 years young Our most memorable event in the calendarthis year was the firm’s 200th anniversarycelebration dinner, which took place at theDiscovery Museum in Newcastle upon Tyne.As you can see from pages 21 to 24, theevening was a great success and enjoyed bythose who attended.

This event was, in my eyes, one of the firm’smost enjoyable to date, as it clearlydemonstrated a mutual respect andfriendship between our team and our clients.To us, the evening was about saying thankyou to our clients for their loyalty and supportover the years and we greatly appreciatedeveryone taking the time to celebrate thismilestone with us.

Reflecting on that evening, it gives me asense of great pride to acknowledge howmany nationally recognised businesses fromall corners the country were present at thatevent. It reminds me of the extent to whichthe firm’s expertise spans a huge range ofsectors with oil, gas, chemicals, banking,nuclear, corporate finance, construction andproperty businesses all represented in someform.

In 2012...As Watson Burton moves into our thirdcentury in business, we will continue to buildupon the foundations of our rejuvenated firmand continue to invest in positioning thebusiness as a national firm which offers ahigh quality service to organisations who aremotivated to build lasting relationships withtheir commercial advisors.

200 years of successful trading has given ourfirm a great sense of self worth and optimismfor the future. We are now looking forward toexploring where the next 200 years may takeus.

Find out how Watson Burton can help your business bygetting in touch with Patrick Harwood. Call 0845 901 2091or send an email to patrick.harwood@watsonburton.com

“”

...we aim to build upon the foundationsof our repositioned business model andfurther invest into positioning ourselvesas a national firm which offers a highquality service to national organisations.

A Quality Service

38

A quality service

“Extremely professional,extremely helpful, always available

Client Service Excellence

39

A Quality Service

At Watson Burton, our approach to clientservice is at the core of our businessactivities. To us, it is essential that we avoidbecoming complacent in developing strongclient relationships and actively seek clientfeedback as part of our continuousbusiness improvement strategy.

Anannual survey of lawfirms within the UK,undertaken by

leading industry publications, TheLegal 500 and Chambers &Partners, recently highlightedsome of our clients’ thoughts onour service offerings. Clientspraised Watson Burton for “caringabout clients and the work theydo,” and complimented ourlawyers on their commercialawareness, stating “They areopen to debate prepared to listento our viewpoint and understandwhat we are striving to deliver”.They also commented on thefirm’s expertise, describingWatson Burton as “aninexhaustible source ofknowledge”.

Further to the national survey, thefirm recently worked inpartnership with think M, astrategic marketing and researchagency, in conducting an in-depthstudy with a sample of clients togain a more detailedunderstanding of their needs,objectives, and drivers. Theprimary objective of the researchwas to identify target areas forenhancing our client service,using the findings as a catalyst fordeveloping a more structured,measurable approach to clientcare. The project entailed theselected sample of clientscompleting an anonymous survey,with the aim of providing the firmwith open and frank feedback,thus ensuring that the findingswere a true reflection of their

thoughts on the service offered byWatson Burton.

think M reported the findings ofthe survey, stating the overallimpression of Watson Burton isthat ‘all respondents wereextremely happy with the service’.They then went on to say that ‘Itwas notable that manyrespondents were so happy withthe service they received, theystruggled to think of anysuggestions for improvements’.Examples of comments made byclients included,

“They’re professional; their adviceis practical; all people that wecome into contact with are verypersonable, very helpful”.

“Extremely professional, extremelyhelpful, always available. Ingeneral I am very happy with thelevel of service I receive fromthem”.

As part of the survey,respondents were asked to rateour service on a ten point degreeof happiness scale (ten being thehighest score). Again the findingswere very positive with anaverage rating of 8.5 with half ofrespondents rating the firm withan overall score of 9.

The research also benchmarkedour customer serviceperformance with other law firmsto identify best practiceapproaches and possible areas ofimprovement. When comparingWatson Burton with other law

firms the feedback received wasvery positive, highlighting that thefirm’s partner led approach toservice delivery, which focuses onthe development of relationshipsbetween the designated clientcare partner and the client, resultsin long-term client relationships.Comments included,

“They are better than anyone thatI’ve dealt with, but again, I mustgo back to the individual”

“We’ve built up a very closeworking relationship with WatsonBurton … We see that as a futurefoundation stone for our business… we are fairly ambitious, wehave big plans. We’ve got a greatextended family of people whichWatson Burton’s team are, we arevery close to everybody and wethink they are brilliant”.

In addition to the positive findingsof the research undertaken, it wascrucial to the study to gain adeeper understanding of how the

firm can further improve itsservice delivery, to ensure that wecontinue to meet, and wherepossible, exceed, our clients’expectations. Examples ofrecommendations forimprovements included ensuringclients have full knowledge andunderstanding of the range ofservices provided by WatsonBurton and making sure that apolicy in place for successionplanning to ensure continuity ofrelationships.

At Watson Burton, we are in theprocess of reviewing our policiesand procedures to ensure we actupon these improvementopportunities and any futurerecommendations as they arise.Using think M’s findings, we arealso developing a new structuredapproach to receiving clientfeedback, which will be a keycomponent of our CustomerService Policy, moving forward.

Watson Burton values client feedback and isextremely grateful to all of those whoparticipated in the market research projectwith think M. As a firm, we strive tocontinuously improve the quality of ourservice, so if there are any comments thatyou would like to make on the servicedelivered by the firm, please contact yourclient Care Partner or call MarketingManager, Claire on 0845 901 2087.

x105192_WB_p10_rr_x105192_WB_p10_rr 13/12/2011 09:21 Page 3

4 watsonburton.com

x105192_WB_p10_rr_x105192_WB_p10_rr 13/12/2011 09:21 Page 4