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JUBILEE WOODS
ARE YOU REALLY SEEING RED? A NEW TWIST TO AN OLD YARN COMMERCIAL PROPERTY
LIFE AFTER THE FIRM COMPLIMENTS TO THE CHEFSRETAIL ARMS OF HIGH STREET BANKS STILL HANGING BY A THREAD
ECLECTIC BY DESIGN EDINBURGH INTERNATIONAL BOOK FESTIVAL
LEGAL FOCUS HOPE IN HELLMAGGIE’S CENTRESA TIME FOR CHANGECHALLENGING THE GLASS CEILING LENDING THE LAW A HAND
RESIDENTIAL SPOTLIGHT THE LAST WORDBREAKING UP IS HARD TO DO
EMBRACING PHILANTHROPY
WINTER 2011/12 | ISSUE 43from Tods Murray LLP Solicitors
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23. 34. 12.
10. 20. 06.
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Design: The Marketing Café Ltd. | 0141 621 3900. All correspondence and advertising enquiries to: Tods Murray LLP, Dispatches Magazine, Edinburgh Quay, 133 Fountainbridge, Edinburgh, EH3 9AG, T: +44 (0)131 656 2000. © 2011 Tods Murray LLP. All rights reserved. The articles contain views, not advice or professional recommendations. You should consult your own professional advisers if you are minded to follow up on anything that you have read in this publication. The contents of this publication reflect the personal views of the individual authors and do not necessarily reflect those of Tods Murray Solicitors LLP. No liability attaches to the authors or to Tods Murray Solicitors LLP for any reliance on any part of the publication. Although every effort has been made to ensure the accuracy of this publication, the publishers cannot accept responsibility for any errors or omissions.
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CONTENTS04. ARE YOU REALLY SEEING RED?
06. A NEW TWIST TO AN OLD YARN – THE HARRIS TWEED HEBRIDES STORY
10. COMMERCIAL PROPERTY
11. LIFE AFTER THE FIRM
12. COMPLIMENTS TO THE CHEFS – ANDREW FAIRLIE AND MARTIN WISHART
16. RETAIL ARMS OF HIGH STREET BANKS STILL HANGING BY A THREAD
18. ECLECTIC BY DESIGN
20. EDINBURGH INTERNATIONAL BOOK FESTIVAL
22. LEGAL FOCUS
23. HOPE IN HELL – CAMBODIAN CHILDREN’S FUND
26. MAGGIE’S CENTRES
28. A TIME FOR CHANGE
30. CHALLENGING THE GLASS CEILING
32. LENDING THE LAW A HAND
34. RESIDENTIAL SPOTLIGHT
36. EMBRACING PHILANTHROPY
38. JUBILEE WOODS
39. BREAKING UP IS HARD TO DO
40. THE LAST WORD
Through Dispatches we try to offer an interesting
balance of different people, businesses and
experiences in a way that brings the law to life – did
you know we act for world renowned brand Harris
Tweed Hebrides, that Elish Angiolini has been
likened to Harry Potter and that banking partner
Hamish Patrick has a doctorate in cross-border
securities and insolvency?
In this edition we aim to give you a sense of the ethos
of Tods Murray. We hope you enjoy the magazine
and please share your thoughts and ideas with us by
emailing me at [email protected].
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36. 04.
DAVID DUNSIRE EXECUTIVE PARTNER
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EmploymentD
Perception counts. If I say “the colour red” what does that bring up in your mind? I asked five lawyers and received five different answers. They were fascinating. A traffic light, a love heart, danger, Liverpool Football Club and anger. What do you see?
ARE YOU REALLY SEEING RED?
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Beau Lotto spoke about the fact that we always tend to perceive things as being of a certain colour no matter what colour of light is shone on it.
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DEmployment
SENIOR ASSOCIATET: 0131 656 2364 E: [email protected]
CHRIS LEITCH
There were 218,100 receipts (claims) to Employment Tribunals (ET) between 1 April 2010 and 31 March 2011, an 8% fall compared to 2009-10, but an increase of 44% on those in 2008-09.
In 2010-11, there were 60,600 single accepted claims – down by 15% on the previous year and 157,500 multiple accepted claims (a fall of 4% on 2009-10).
Red soled shoes, the BBC Horizon series, football and lawyers are a varied mix. It is not immediately obvious what connects
them. What got me thinking about the connection was a curious mix of online articles, court cases and football related legal work being undertaken in the office.
First was the initial skirmish between Christian Louboutin and YSL relating to a claim by the former for exclusive rights to use the famous red sole on their stiletto heeled shoes. In the initial skirmish YSL came out on top in court.
Secondly there was a Horizon programme on the BBC which illustrated some of the work of academic Beau Lotto. He believes that colour is illusion. He reported on some experiments which appear to suggest that, in relation to colour, women are more sensitive than men generally in detecting light. Discussing the programme a female relative commented that when she needed a boost in confidence at work she wore her red jacket.
Mr Lotto also suggested that women who were feeling more in control were better at that process than those feeling “powerless”. It made me think about whether wearing that red jacket might actually make a difference to work performance.
Horizon covered a fascinating experiment suggesting that footballers wearing red as opposed to blue meant that they were more likely to perform better when taking penalties. A sceptical fellow academic had been involved in the creation
of the experiment. Wearing red won’t turn unfit and unskilled players into brilliant players but the difference apparently exists.
Another experiment shown apparently suggests being bathed in certain colours makes a real difference to our perception of how quickly time passes. Put simply red can make you more accurate, blue less so.
It has been scientifically proven in experiments that in certain circumstances what you see does affect what you think you hear.
Applying logic seems a straightforward approach but first impressions can be false. People and things are not always what they seem.
As a lawyer I am often asked to comment on a set of objective facts and apply the law. The best employment lawyers I have come across are those who try and see the big picture as well as the small details. They remember that words can have different meanings and elicit different emotions in different people. Persuading a judge of your case is very rarely all or mostly what you need to focus on.
Think about the red soled high heel fight. What counts in that litigation? Costs, losing or winning or free publicity. Who knows? It depends who you are and how you see it. You might see it differently.
I always try and remember that what witnesses see and where they see it from matters. It influences and affects what they say happened and what they want to achieve. Think about witnesses to an accident, a crime scene or at a football match. There are almost infinite variations in which an event can be seen. The referee who makes the decision at a football match may have 24 different camera angles to prove him wrong (or right). Every witness has their particular viewpoint. What people see shapes their view of people and organisations and whether they are likely to act in a particular way.
An employment tribunal usually has three different people sitting in judgement, one a qualified lawyer, the other drawn from a union background and the other from a business background. How they will see what is presented matters.
Beau Lotto spoke about the fact that we always tend to perceive things as being of a certain colour no matter what colour of light is shone on it. He was able to show that in experiments our perception of what it ought to be influences our perception.
So why bother with taking that witness into the meeting or putting that note on the file? Why bother checking if there are any questions and noting that in a disciplinary hearing? Why all the time to bother to take the time to check how the employee sees the latest office re structure? Do you see what I am getting at or are you seeing red?
EMPLOYMENT TRIBUNAL STATISTICS
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Are you compliant with the Agency Workers Regulations? Watch our video to find out: www.todsmurraytv.com
There were 244,000 jurisdictional claims disposed of in 2010-11, an increase of 7% as compared with last year – seen amongst Equal Pay, Working Time Directive and Unauthorised Deductions in particular.
Of the 244,000 disposed jurisdictional claims, 39% related to Unfair Dismissal, Breach of Contract and Redundancy; 16% were for Unauthorised Deductions (Wages Act) and 11% were for Equal Pay.
VISIT LINKEDIN To connect with Chris Leitchhttp://uk.linkedin.com/in/chrisleitch
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Client FocusD
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A NEW TWIST TO AN OLD YARN: THE HARRIS TWEED HEBRIDES STORYIn a remote area of Scotland set against the wind swept Hebridean coastline, rich with lichen and prosperous with industry, a client of Tods Murray and one of the world’s most valuable textile names can be found.
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DClient Focus
The story officially begins in 1840 – the Countess of Dunmore finding a constructive use of her time encouraged weaving skills within a small workforce
of her own. This enterprising idea soon produced a marketable product, which was then sold to affluent members of her social circle. Thus Harris Tweed was born and so with it the island’s reputation for commerce.
Now considered one of the most famous fabrics around the globe, Harris Tweed possesses many unique qualities most notably in its production, which has flourished from the mid 19th century. Each piece of fabric encounters a heroic journey to be produced into cloth. Unlike other fabrics, the wool is dyed pre-production and often reflects the rich colours of the ever-changing landscape. Inspired by the russet and earthy tones of the moorland or the fresh, vibrant colours of the coast – Harris Tweed has also experimented with the sky’s enchanting palette including burnt orange sunsets and the deep blue of a clear winter’s night.
“There has always been this close connection between the landscape and the cloth with the weavers as intermediaries” explains HTH Chairman Brian Wilson. Some 40 skilled individuals, trained by the generations before them spin the wool to create the yarn. Weavers then spend days at home creating the cloth. “The weavers are self-employed, rather than being contracted to a mill. This has given them an independence, which traditionally allowed them to work at times to suit themselves and fitted with other tasks such as crofting,” adds Brian.
Once the cloth has been completed it is then returned to the mill to be authenticated by the Harris Tweed Authority. The Orb trademark, denoting genuine Harris Tweed produced entirely in the Outer Hebrides, was first used in 1911 – making this the centenary year. Today three mills as well as a number of independent weavers market tweed within the area – an enduring testament to the Countess of Dunmore’s ingenuity.
Isle of Lewis
Isle of Harris
North Uist
South Uist
Barra
Stornoway
Shawbost Mill
“No commercial interest can own the name of Harris Tweed and that is exactly how it should remain. Any producer who conforms to the trademark definition can access the authentication provided by the Orb stamp. The system evolved at a time when there were a number of mills and many small producers. In the pre-war and early post-war decades, Harris Tweed was a vastly greater business than it is now and attracted the envious interest of mainland companies, who wished to adapt the definition to suit their own interests. If that had happened, Harris Tweed would no longer have been an island industry and would soon have disappeared from here altogether.”
PICTURES
01 MAP OF THE HEBRIDES
02 OUTSIDE CARLOWAY MILL
03 THE WORLD-FAMOUS ORB TRADEMARK
04 WOOL PREPARED TO BE SPUN INTO YARN
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1909
THE HARRIS TWEED ASSOCIATION WAS FORMED
1910
ADOPTION, OF THE WORLD-FAMOUS ORB TRADEMARK
2007
HARRIS TWEED HEBRIDES WAS FOUNDED
2009
NAMED TEXTILE BRAND OF THE YEAR AT THE VOGUE.COM SCOTTISH FASHION AWARDS
2008
APPOINTED TODS MURRAY AS THEIR LEGAL REPRESENTATION
2010
HARRIS TWEED HEBRIDES COLLABORATION WITH TOPMAN
2011
BRIAN WILSON WINS GLOBAL
DIRECTOR OF THE YEAR
EXPERT INSIGHT
We work closely with our clients to understand their businesses so that we can provide the appropriate advice to meet their expectations and achieve their objectives. We provide a commercially-focused service on an ongoing and a transactional basis to a strong and diverse client base, ranging from start-up companies to owner-managed businesses.
MALCOLM HOLMES PARTNERT: 0131 656 2344 E: [email protected]
Client FocusD
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Fortunately, the definition was tenaciously defended and eventually incorporated into law. “Harris Tweed must be made from pure virgin wool; hand woven at the home of the weaver in the Outer Hebrides of Scotland; and all stages of the process must be carried out within these islands. This criteria must remain sacrosanct, since we’d never get the same protective legislation again.”
In 2007 Harris Tweed hit an all time low. Disputes between the islanders, rising demands for production and spiralling costs threatened the industry – investor Brian Haggas appeared and purchased the derelict mill at Shawbost. The best people were recruited; new equipment was brought in and Harris Tweed was given its Hebridean rebrand.
“For the first year or so Harris Tweed Hebrides encountered negative publicity, but by adopting our own marketing and creative strategies, perceptions were quickly turned around. Nobody now talks about the death of Harris Tweed,” adds Brian.
The fabric’s status around the world is attributed to the fact that it has always been seen as a quality product, distinguished from its competitors by the richness of colours, the respect it enjoys among tailors and designers and also its durability.
To counter fashion trends, Harris Tweed Hebrides know that they need to constantly create new markets and also new uses. That is why there is particular emphasis on developing the interiors market, which is less seasonal and also high value.
The product is still the same but the perceptions have been transformed and the current upsurge in popularity will ensure that it remains a well-known international brand for many more years to come.
“The global response to the company has been phenomenal,” explains Brian. Harris Tweed Hebrides received an accolade for Outstanding Contribution to Style at the most recent Scottish Style Awards and was named Textile Brand of the Year at the Scottish Fashion Awards of both 2009 and 2011. “Not bad for a company that produced its first tweed little more than three years ago.”
PICTURES
01 HARRIS TWEED WOOL
02 A WEAVER AT HIS LOOM
03 WEAVER’S COTTAGE
04 BRIAN WILSON, HTH CHAIRMAN
01 02
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The yarn production process uses specially blended yarns created to secret recipes.
The yarn is then warped into exclusive designs before being sent to weavers’ homes to be hand woven by means of skills which have been handed down from generation to generation.
THE PROCESS
Once it has been inspected and approved, the famous Orb trademark is ironed onto the fabric as the ultimate seal of approval. Then and only then, can it be called true Harris Tweed!
The cloth is then returned to the mill to be finished to very
high standards, then examined by the independent Harris Tweed Authority.
DClient Focus
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Commercial PropertyD
TOP: Scotland, British Columbia MIDDLE: Alaska, China BOTTOM: Morocco, New Zealand PHOTOGRAPHY: Leonie Hall, Commercial Property Associate (England & Wales)
WHAT INSPIRES YOU?
There are many things that have given me inspiration. Before photography, there were a lot of western painters who tried to express their inner feelings of the world, especially artists such as Modigliani, Van Gogh and Munch. They left a strong impression on me.
WHAT’S YOUR BACKGROUND AND APPROACH TO PHOTOGRAPHY?
Early on, my photography allowed me to interact with people. The things you say out loud are not necessarily what you want to say or what you feel. Pictures can replace language with its own unique language. The aim is to create a channel to interact with people.
To view more of Leonie’s photographs please visit WWW.FLICKR.COM/PHOTOS/TODSMURRAY/SETS
Contact Leonie on [email protected]
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NIKE
Alumni D
LIFE AFTER THE FIRMWe catch up with Colin Graham, one of our alumni who is now part of Nike’s General Counsel.
TELL US ABOUT YOUR CURRENT ROLE As Nike’s General Counsel for Europe, Middle East & Africa, I head up a team of administrative assistants, most of whom are based at our regional headquarters in Hilversum, the Netherlands.
In addition to the Nike Brand, we also support the regional business activities of the following affiliate companies: Umbro, Converse, Jordan, Cole Haan and Hurley. I report to the General Counsel of Nike, Inc. who is based at our World Headquarters in Beaverton, Oregon, in the United States and I’m a member of Nike’s European leadership team.
WHAT ISSUES DO YOU ADVISE ON?The legal team advises and counsels the business on a full range of issues involving our sponsored athletes, clubs and federations; our franchise programme; real estate transactions; e-commerce; digital marketing; event & celebrity marketing; relationships with our key retail partners; logistics & operations; product safety and compliance; competition law; customs & trade law … the list goes on!
Having started my Nike career as a transactional sports lawyer, I now spend much of my time on litigation management, compliance issues and educating the business.
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WHAT DO YOU CONSIDER THE BEST PART OF YOUR JOB? Coming into work each day with a team of such highly motivated, enthusiastic and talented colleagues from diverse backgrounds and cultures is great. In our 25-person team we have 9 nationalities, 7 first languages and a good mix of common and civil lawyers. This diversity really helps us to build relationships with our colleagues in the business, not such a straightforward task when you consider that we are a centralised legal team based in the Netherlands.
WHAT DID YOU LEARN FROM YOUR TIME AT TODS MURRAY THAT HAS HELPED TO SHAPE YOUR CAREER? I joined Tods Murray as an Assistant Solicitor with less than one year post qualified experience and left just over 10 years later. During that time I developed my legal knowledge, obviously, but I also learned so much about client service as well as the financial aspects of running a business, both critical components of the job I do now at Nike. In the early years of my career at Tods Murray I was also very fortunate to work alongside a number of more experienced colleagues, who were great mentors, or in sporting parlance, “coaches” and strongly influenced the way I approach leading the Nike legal team.
of sport. The opportunity to travel widely (in other words, beyond the odd business trip to Glasgow or London!) was a major attraction, as was the prospect of working in a genuinely international environment, engaging with colleagues and business partners from different business and legal cultures.
HOW DID YOU FIND THE TRANSITION FROM PRIVATE PRACTICE TO IN-HOUSE? Easier than I had thought it was going to be. Being such a big sports fan meant I found it very easy to connect immediately with the products, the brand and the marketing campaigns. I also encountered an environment that was both friendly and demanding. I felt part of the team from day one.
WHAT HAS BEEN THE MOST MEMORABLE MOMENT OF YOUR CAREER SO FAR? Probably my first trip to Nike’s World Headquarters in Oregon 3 months after I joined the company. It’s just the most fantastic work environment you could imagine with beautiful landscaping and the most amazing sports facilities – a world class fitness centre, an Olympic sized swimming pool, rock climbing walls, football pitches, tennis courts and running tracks. The whole place was just awe-inspiring.
WHAT TIP COULD YOU SHARE WITH OUR READERS? Take time to work out what makes you tick and what you are genuinely good at. Once you’ve done that look for the right opportunity. Be prepared to be patient and realise that enthusiasm and persistence can take you a long way towards achieving your career goals.
IN THREE WORDS WHAT QUALITIES ARE NECESSARY TO BE SUCCESSFUL?Curiosity, passion, integrity.
1962 Born Stirling
1983 Graduates LLB (Honours) from University of Aberdeen
1984 Completes Diploma in Legal Practice at Aberdeen before starting traineeship with McClure Naismith Anderson & Gardiner in Glasgow
1986 Joins Orr Macqueen in Edinburgh as Assistant Solicitor
1987 Joins Tods Murray as a Conveyancing Assistant doing a wide range of residential, commercial and rural property work. Also assisted Graham Burnside with his early securitisation transactions.
1991 Becomes Partner in what is now the Rural Property and Business team advising a number of significant landowning clients. Also a member of the Planning and Environmental and Sports Law teams
1997 Moves in-house joining Nike at its European headquarters in Hilversum in the Netherlands as the company’s first fully dedicated sports marketing lawyer in the region
2001 Becomes Europe General Counsel for Nike
COLIN GRAHAM CV
NUMBER OF STORES WORLDWIDE: 756
NIKE STORES
COLE HAAN STORES
CONVERSE STORES
HURLEY STORES
487 190 58 21
NUMBER OF RETAIL ACCOUNTS WORLDWIDE:
40,000+
NUMBER OF EMPLOYEES WORLDWIDE: APPROX.
38,000
NIKE STATISTICS
WHAT PROMPTED YOU TO MAKE THE MOVE? I’d always had this vague notion that one day I’d like to work as a lawyer in the sports business, but had never really identified the right opportunity until one day I spotted an ad in a national newspaper for the Nike role…. the rest is history.
WHAT SPECIFIC OPPORTUNITIES DID NIKE OFFER? Precisely that – the opportunity to be immersed in the world or business
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A ged just twenty, Andrew Fairlie was awarded the first ever Roux Scholarship. The prestigious opportunity to train
with legendary chef Michel Guerard at Les Prés d’Eugénie in Gascony has profoundly influenced his career, menu style and his culinary flair. Building his reputation in the kitchens of renowned Parisian establishments he returned
to Scotland with his family in 2001 to launch his restaurant at the Gleneagles Hotel and Resort – since voted one of the world’s top ten ‘Greatest Hotel Restaurants’ by US Hotel magazine.
In January 2006 Restaurant Andrew Fairlie became one of only eleven restaurants in the UK to be awarded two Michelin stars. In the
same year, he was voted AA Chef’s Chef of the Year. Andrew’s cuisine is unashamedly French infusing a side order of Scottish locally sourced ingredients. His signature dish, Smoked Lobster captures the most authentic flavour by smoking lobster shells over old whisky barrels for up to twelve hours.
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ANDREW FAIRLIE
Hospitality & Leisure
COMPLIMENTS TO THE CHEFSCurrently holdingthree Michelinstars between them Andrew Fairlie and Martin Wishartshare their bestseasonal recipes.
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HOME SMOKED LOBSTER, WARM LIME
AND HERB BUTTER SAUCE
METHODBring a large pot of water to a rolling boil, season heavily with sea salt. Plunge the live lobster into the water, cover with a lid and bring back to a gentle boil. Boil lobster for 8 minutes, remove from the water and plunge into iced water.
Remove the claws and legs from the body. Holding the lobster out flat on a cutting board, split the lobster lengthways straight down the middle being careful not to separate the tail from the body.
Remove the tail meat from both halves and reserve, clean out any meat from the head and discard. Crack the claws and knuckles and remove all the meat being careful not to break the claw meat, reserve.
Heat the smoking pan, add a handful of the dry woodchips till they glow. Slightly dampen the remaining chips and sprinkle over the glowing
embers. When the pan fills with smoke place the two empty lobster shells, cut side up into the smoker. Smoke gently for 5 to 6 minutes being careful not to over smoke. Remove the shells and refrigerate.
In a small saucepan warm the cream, add the lime juice and warm to just below boiling. Whisk in the cold butter piece by piece, do not add the next piece of butter till the previous piece is melted. Season with salt and a little pepper, check for acidity and add more lime if necessary. Keep warm.
Spoon a little of the lime butter into the empty lobster shells. Neatly slice the lobster tail meat and place back into the shell. Place the knuckle meat into the head space. Neatly slice the claw and place on top of the knuckles. Drizzle a spoonful of the warm lime butter sauce over the meat.
TO SERVEPlace the two lobster halves into a heavy roasting tray so they fit snuggly. Pour in cold water to a depth of 1cm. Cover tightly with tin foil making sure it is properly sealed. Place the roasting tray over a high heat till the foil starts to bulge, lower the heat slightly and roast for 2 minutes. Leave the lobster to rest for 5 minutes, remove the tin foil and check to see that the lobster is warm.
Using a pair of tongs lift the lobster and drain any water in the shells back into the roasting tray. Place the lobster onto warmed serving plates. Warm the butter sauce being careful not to boil, adjust the consistency with the lobster cooking juices. Add the freshly chopped herbs to the sauce, check for seasoning and spoon the herb sauce over the length of the lobster. Serve immediately.
RECOMMENDED WINEPouilly Fumé, ‘Baron de L’, Loire Valley, France 2006
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INGREDIENTS1 x 1KG LIVE LOBSTER
250G UNSALTED BUTTER (DICED)
JUICE 1 LIME
20G EACH OF CHOPPED CHERVIL, FLAT PARSLEY, TARRAGON AND CHIVES
1TBS DOUBLE CREAM
SALT AND PEPPER TO TASTE
2 GENEROUS HANDFULS OF WHISKY BARREL CHIPS
Hospitality & Leisure
DOWNLOAD INGREDIENTS
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Hospitality & LeisureD
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Trained under renowned chefs including Albert Roux, Michel Roux Jr, Marco Pierre White and Nick Nairn to name a few –
Martin Wishart has been heralded as Edinburgh’s culinary master.
Opening his eponymous Port of Leith restaurant in 1999, it quickly became known as one of the UK’s most acclaimed dining venues, serving
locally sourced exquisite food. It now holds one Michelin star and 4 AA rosettes.
Martin’s incredible career has taken him across continents allowing him to develop his cooking skills in Europe, the United States and Australia.
He constantly strives for professional perfection – founding his very own Cook School and new
dining venues across the country. The Honours brasserie opened in Edinburgh this summer to a flurry of bookings, adding to the success of Wishart’s restaurant at Cameron House Hotel in Loch Lomond.
This reputation and enthusiasm for cooking has awarded him the title of AA Chef’s chef of the year 2010-2011.
MARTIN WISHART
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Hospitality & Leisure
CREAM OF PUMPKIN SOUP WITH SAUTÉED CÈPES
METHOD1. Melt the butter in a heavy based pot and
add the sliced pumpkin and onion.
2. Cook this on a low heat stirring continually for around 10 minutes or until soft. Be careful not to colour the vegetables.
3. Add the hot chicken stock and coriander to the pan and simmer the soup for 10 minutes.
4. Remove the muslin bag and pour the soup into a liquidizer and blend for 10 minutes so the soup becomes silky in texture.
5. Wipe the cèpes clean with a damp cloth.
6. Slice the mushrooms and sauté them with a pinch of salt in a little butter until they are golden brown.
7. Serve the soup with the cèpes on top and some warm crusty bread.
RECOMMENDED WINE2008 Montagny 1er Cru, Domaine Feuillat-Juillot, Burgundy, France
INGREDIENTS500G PUMPKIN,
PEELED & SLICED
10G FRESH CORIANDER (TIED
IN MUSLIN CLOTH)
75G ONION, PEELED AND SLICED
100G UN-SALTED BUTTER
1 LITRE CHICKEN STOCK
200G FRESH CÈPES
EXPERT INSIGHT
On 1 October this year, all premises selling alcohol (with the exception of remote sales premises) must have an age verification policy in place. The policy states that if a person seeking to buy alcohol looks under the age of 25, then the person selling that alcohol must, by law, ask that person for ID. The new policy is a mandatory condition that will attach to your premises (or occasional) license.
CAROLINE TREANOR LICENSING SOLICITORT: 0131 656 2352 E: [email protected]
DOWNLOAD INGREDIENTS
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Banking & FinanceD
RETAIL ARMS OF HIGH-STREET
BANKS STILL HANGING BY A
THREADStopping short of taking a
sledgehammer to the UK’s biggest banks, the recommendations for reform
of the UK banking industry published in September by the Independent
Commission on Banking will undoubtedly be just as painful for the
banks concerned if implemented by the UK Government.
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Foremost amongst the reforms are plans to ring-fence the retail and investment banking activities of high-street banks such as HSBC, Barclays, RBS and Lloyds Banking Group. Rather than physically tearing-off their investment and retail arms these “universal banks” will be forced to split their retail and investment operations into separate subsidiaries with each subsidiary required to raise their own capital independently of each other. In theory, this should make it easier to cut-off the bad arm of a bank if it’s failing rather than having to support it just to keep the patient alive.
T he majority of the recommendations have already been previewed by the Commission in their interim report
published in April this year and therefore have come as no surprise to the banking industry – proposals to improve the loss-absorbency capacity of the banks by requiring systemically important UK banks to increase their core tier one capital ratios (over and above the current Basel III requirements) and competition measures designed to tackle the perceived problem of market concentration in the retail market, whilst not popular amongst the banks, have been grudgingly accepted on the whole in order to improve the stability of the financial services industry.
Nonetheless, it’s the recommendations on ring-fencing and the ensuing structural reform which have the banks grinding their teeth, particularly as the reforms are tougher than the proposals expected by many senior bankers who have been urging the Commission to adopt a softer position on structural reform.
Ring-fencing retail banking activities should in theory protect retail depositors and customers
PICTURES
01 A SANTANDER BRANCH IN CENTRAL LONDON
02 MOORGATE’S CASH POINT SERVICE
03 MARYLEBONE HIGH STREET
04 SUTTON BANKS IN THE REGION OF NORTH CHEAM
05 WOOLWICH MORTGAGES NOW ADVERTISED FROM BARCLAYS
The UK Government has to be careful that it doesn’t throw the baby out with the bath-water.
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DBanking & Finance
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SENIOR ASSOCIATET: 0131 656 2304E: [email protected]
ROD MACLEOD
VISIT LINKEDIN To connect with Rod MacLeodhttp://uk.linkedin.com/in/rodmacleod
against the contagion of collapse if another part of their bank runs into trouble, such as the investment division. It should also make it less costly for the UK Government to guarantee UK retail deposits (deposits of up to £85,000 are currently guaranteed under the Financial Services Compensation Scheme) as the risk involved reduces if there’s a clear separation of investment banking activities which by their very nature are higher-risk. It also removes the moral conundrum of the UK Government having to underwrite UK banks’ investment banking activities in order to protect high-street savers.
On the other hand, ring-fencing will fundamentally affect how banks raise capital and if the relevant subsidiaries have to operate on separate capital structures they will be forced to look for additional sources of capital which can be an expensive exercise for banks. Furthermore, the increased capital raising burden will create a hefty competitive disadvantage for UK banks operating alongside banks from other jurisdictions which aren’t subject to the same restrictions.
Ring-fencing retail banking activities may offer some protection for retail depositors in any future financial meltdown but it will be at the expense of borrowers and, to a lesser extent, savers. The cost to the banks of implementing the additional capital raising and operational restructuring requirements is likely to run into billions of pounds and no doubt some of that cost will be passed on to customers in the form of higher loan repayments for borrowers and lower interest rate deals for savers.
More importantly, bank lending is likely to decrease rather than increase. The more a bank lends, the more risk-weighted assets it has on its books (i.e. the loans) which means having to raise or keep more capital in reserve in proportion to those risk-weighted assets in order to absorb any future losses
on those assets. Therefore the simplest strategy for dealing with the increased cost of additional capital raising is to “deleverage”, or, in other words, stop lending and start off-loading borrowers which, in the current economic environment, would only further aggravate the lending crisis and arrest any economic growth.
Clearly urgent action is required to improve stability within the banking industry and remove the burden on the taxpayer from having to bail-out the banks, however, some of the financial institutions which failed in the 2008 financial crisis didn’t follow the universal banking model – for example, prior to the financial crisis Northern Rock was mainly focussed on retail banking. And whilst business structure is an important factor, it’s arguable that the roots of the financial crisis lie in other matters, such as over-inflated property markets (fuelled in part by the availability of cheap credit), poor lending practices by some banks, the high degree of interconnectivity in the global banking industry and a fundamental misunderstanding of risk.
Persuasive arguments can therefore be made both for and against ring-fencing the banks and the case put forward by the Commission in September now needs to be scrutinised by Parliament. In recognition of the impact that such measures could have on the economy in a period of continuing volatility in the financial markets and
with the Eurozone debt crisis looming large in the background, the Commission has recommended extending the reform implementation deadline to 2019, buying both the UK Government and the banks some much-needed breathing space. Nonetheless, the Commission has also recommended that reform legislation is enacted as soon as possible meaning that the reform debate looks set to rumble on.
Whether or not the political resolve to reform the banks endures will depend on the outcome of the coming weeks and months as the focus across Europe turns to propping up the Euro and keeping the Eurozone intact. Nevertheless, whatever bank reforms are eventually passed into law either later this year or (more realistically) in 2012, the UK Government has to be careful that, in seeking to avoid the dark, dark days of October 2008, it doesn’t throw the baby out with the bath-water.
FACT BOX
1 70% of the Banking & Finance team have come up through the ranks at Tods Murray, originally joining Tods as trainees. The other 30% don’t like to talk about their traineeships.
2 Famous relatives of the Banking & Finance team include an uncle who starred in the original Belles of St Trinians film, a father who toured with Billy Connolly in the Great Welly Boot Show and another father who used to be Mr Scotland.
3 In addition to being one of the foremost securitisation lawyers in Scotland, an expert on Islamic Finance and Chairman of Tods Murray, Graham Burnside is an accomplished organist (and is available for church wedding ceremonies and carol concerts over the Christmas period in and around Edinburgh).
4 Rod MacLeod commutes to work on the train from Glasgow to Edinburgh most days and since joining Tods Murray has travelled the equivalent of eight times around the World or nearly the distance from the Earth to the Moon. Sadly, FirstScotrail have no plans to introduce a rail-miles scheme.
5 Iain Wishart is studying part-time for a MSc in International and European Politics, claims to have fallen out of a plane at 11,000 feet and lived (other sources have testified that he was pushed), and was once mistaken for Dougie Houser MD.
The UK Government has to be careful that it doesn’t throw the baby out with the bath-water.
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CLOISTERS AT GLASGOW UNIVERSITYLocated below Bute Hall in the grounds of Glasgow University, the Cloisters are a somewhat iconic feature of student life. Constructed by George Gilbert Scott in 1870 it represents an intriguing example of Gothic architecture. Featuring grand cylindrical columns and Corinthian flourishes, the Cloisters have long been considered a striking backdrop for ceremonial photography on graduation day.
CHARLES BRIEN DIRECTOR OF CONSTRUCTION [email protected] 9/10 “BRILLIANT”
SCOTTISH POETRY LIBRARY, EDINBURGH Designed by Malcolm Fraser Architects in 1999, the Scottish Poetry Library (SPL) is the contemporary home of over 30,000 great works of national and international significance. Granted funding from the Scottish Arts Council National Lottery Fund, it has been the notable recipient of numerous architectural awards – making the shortlist for Prospect magazine’s 100 best modern Scottish buildings.
ALISTAIR KENNEDY SOLICITOR [email protected] 10/10 “INSPIRING”
DOBBIES GARDEN CENTRE, BRAEHEADThe new Braehead Garden World sets out a concept for a new generation of garden centres throughout the UK. The Braehead centre is made from a timber frame and incorporates a grey water recycling system that helps it lessen its impact on the environment and reduce water consumption. The new Garden World also seeks to build links with local communities and has appointed a community champion who will be leading the Dobbies ‘Here We Grow’ campaign.
ANDREW BOTHWELL PARTNER [email protected] 10/10 “SIGNIFICANT”
ECLECTIC BY DESIGNAn architectural round-up of some of Tods Murray’s
Construction Team’s favourite UK structures
Watch a video with Richard Jardine of Dobbies www.todsmurraytv.com
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THE LOWRY, SALFORD In 1988, Salford City Council proposed to raise the cultural profile of the city by commissioning a new building to act as a hub for entertainment and the arts. Three years later, architect Michael Wilford completed The Lowry, a magnificent triangular structure located on the quayside and home to Manchester’s premier exhibition space.
STEPHEN COLLISTON PARTNER [email protected] 9/10 “HIGHLY ORIGINAL”
THE LIGHTHOUSE, GLASGOW Opened by Queen Elizabeth in 1999, The Lighthouse is one of many architecturally significant buildings in Glasgow. Originally designed by Charles Rennie Mackintosh in 1895, it functioned as a newspaper’s headquarters before a £13 million upgrade converted it into a national centre for architecture and design. The tower’s spiral staircase leads to interesting views out over the city’s rooftops.
CLAIR CRAWFORD SENIOR SOLICITOR [email protected] 8/10 “WHAT A VIEW”
SCOTTISH PARLIAMENT BUILDING, EDINBURGH Scotland’s Parliament building is a true spectacle. Located at the front of the picturesque Holyrood Park and overlooking the Salisbury Crags, this modern structure is a vibrant display of steel, oak, and granite. Heralded for its innovation, the Scottish Parliament Building has won nine major architectural awards including the Stirling Prize and Civic Trust Award.
DAVID ROGERS PARTNER [email protected] 8/10 “A TRUE SPECTACLE”
READ 10 THINGS ABOUT THE LOCAL
DEMOCRACY, ECONOMIC DEVELOPMENT AND
CONSTRUCTION ACT 2009
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EDINBURGH INTERNATIONAL BOOK FESTIVALThe Edinburgh International Book Festival launched in 1983 but to understand its history you have to go back further than that – explains Festival Director Nick Barley.
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In 1962, just 15 years after the birth of the Edinburgh International Festival, Jim Haynes and John Calder organised a Writers’ Conference at McEwan Hall.
It was a rowdy, chaotic affair that involved 50 authors from Scotland, the UK and elsewhere. Notable participants were Hugh MacDiarmid
(the godfather of Scottish literature at the time), as well as young Turks Edwin Morgan and Alexander Trocchi. Writers from the USA included Norman Mailer and a then-unknown William Burroughs. This conference made such a huge international impact that the literati of Edinburgh talked for many years about repeating the exercise in the form
of a ‘literary festival’. That dream was realised in 1983 under the guidance of Lord Balfour as Chair of the Book Festival Board, and Jenny Brown as Director. The first festival included Jeffrey Archer, Faye Weldon and Melvyn Bragg among many other people, and over the next few years it became the largest and happiest literary festival in the UK. Soon enough it had grown into the biggest anywhere in the world.
The EIBF opens it’s doors to anyone and everyone who is interested in books, from highbrow literature to sci-fi and graphic novels, from popular non-fiction to children’s stories. With about 800 authors appearing throughout the duration of the event
a whole host of tastes are catered for. This year authors who are well-known but not widely noted for their writing were given a platform, including the former Celtic striker John Hartson and a cyclist who competed in this year’s Tour de France, David Millar. Equally five of the authors who have been longlisted for the 2011 Man Booker Prize, including Alan Hollinghurst, whose new novel A Stranger’s Child heralded as one of the literary events of the year, also made an appearance.
The festival aims to reflect the world we are living in today, through the books that are being published. Nick Barley, Festival Director is convinced that the books, which have the most profound impact on
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us, are the ones that help us understand how we fit into the world. Sometimes these might be non-fiction books that offer thoughtful ruminations on the state of our planet, but sometimes it’s fiction that can help us make sense of things. To that end the number of rapid changes that the world is witnessing was core to this year’s festival. This isn’t limited to regime-change, but also the changes to society from the increasing dominance of technological influences including the internet and social media. From the phone hacking scandal affecting the newspaper industry, to the Arab Spring uprisings in North Africa, the world is changing fast, ‘Revolution’ was therefore a major theme.
Community is at the heart of the event with the EIBF contributing at least £5 million to the local economy each year, but its impact is about much more than this. It is the most interactive of all the festivals: every one of the sessions gave audiences the opportunity to raise their hand and join the discussion with some of the leading thinkers in the world. Where else in Edinburgh could you have a face-to-face encounter with a Nobel Prize-winning economist like Joseph Stiglitz, and immediately afterwards have a chat with Edinburgh’s own bestselling author, Ian Rankin? The EIBF’s world-renowned RBS Children’s Programme is also a vital part of engaging with the community, and each year invites thousands of school children to participate and transform their lives by giving them the chance to meet world-class writers.
International thinking is absolutely essential to the Edinburgh International Book Festival and has allowed it to become the biggest and best-respected literary event anywhere in the world.
“It is vital that the Book Festival presents Scotland on an international stage and we aim to strike the right balance between Scottish and international authors” adds Nick Barley. “We are also very proud of our work in championing new and emerging writers, which is why we recently launched the
Newton First Book Award, for which every debut novel or short story collection at the Festival is eligible. Remember, Yann Martel, Salman Rushdie and even J K Rowling read in Charlotte Square Gardens long before they became household names.”
Building networks across continents is a big part of the festival ethos and showcases popular writers from other countries even if they are little known here. Polish newspaper editor Adam Michnik joined the festival for the first time; he was a close friend of Lech Walesa and a key part of the Solidarity movement that brought down communism in Poland. Mention his name to any Polish person and you realise that he is as well known there as, say, Stephen Fry is in the UK.
Community benefits and international awareness aside, the EIBF is first and foremost a highlight of the country’s calendar and for Nick Barley two moments stand out above all others to date:
“First was the introduction of our new Unbound series of free late night events, when I was lucky enough to stand on stage and introduce some of the exuberant, fabulous performances. Second was our impromptu event to commemorate the poet Edwin Morgan, who died during the first week of last year’s festival. At short notice we threw together an event involving a stellar cast of Scottish writers, each of whom read one of Eddie’s poems. Liz Lochhead, who was later selected as the replacement for Eddie as Scottish Makar, was among those who paid an emotional tribute to one of Scotland’s great poets. It was a fantastic, uplifting event – but nevertheless there weren’t many dry eyes in the audience.”
The Edinburgh International Book Festival is one of the jewels in Scotland’s cultural crown, playing a large part in enabling Edinburgh to become the world’s first UNESCO City of Literature, and providing a vital intellectual spine to the festival fun of Edinburgh every August.
PROUD SPONSORS
5 THINGS YOU DIDN’T KNOW ABOUT IAN
1. Born in the Kingdom of Fife in 1960
2. Graduated from the University of Edinburgh in 1982, and then spent three years writing novels when he was supposed to be working towards a PhD in Scottish Literature
3. His first Rebus novel was published in 1987 – now bestsellers on several continents
4. He recently received the OBE for services to literature
5. Ian Rankin is also the recipient of honorary degrees from the universities of Abertay, St Andrews and Edinburgh
Ian Rankin in conversation with Richard Havers at the Edinburgh International Book Festival.
View the video at:www.todsmurraytv.com
Tods Murray Solicitors Proud Sponsors of the 2011 Edinburgh International Book Festival
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We spend most of our time with our clients discussing their legal needs, so sponsoring the Book Festival afforded us the opportunity to catch up and relax in an informal setting. Gordon Cunningham, Private Client Partner Find out what Gordon’s favourite book is on page 40
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TROUBLE AND STRIFEFamily break-ups are traumatic, but collaborative law is the lesser of the evils. Divorce or separation can happen to anyone. In March 2011 Scotland’s registrar general revealed that marriages in Scotland in 2010 increased by 3.4% compared with 2009, while divorces had hit a 30 year low.
To read more visit:www.todsmurray.com/troubleandstrife
HERE’S A (NON-TAXABLE) TIP: BEWARE OF HMRC’S LATEST CRACKDOWNS
In March this year, the Government announced its latest attack on tax evasion and fraud, and as a result a number of business sectors are now being targeted by specialist HM Revenue & Customs (HMRC) teams whose aim is to investigate those who seek to circumvent their duty to pay tax. While plumbers and gas engineers were the first to feel the heat, the focus then switched to restaurateurs in London and now Scotland is in the limelight.
According to the Scottish Government, the seas around our shores have the potential to provide 25% of Europe’s tidal power and 10% of its wave power, so, as an added incentive, the Government has introduced the Saltire Prize – £10 million awarded to the recipient who can demonstrate that 100 gigawatt hours of electricity can be produced in a continuous two year period – the largest such prize on offer anywhere in the world.
To read more visit www.todsmurray.com/marineenergy
MARINE ENERGY: WHAT DOES IT MEAN?’
Tods Murray has advised Balfour Beatty on two street lighting PPP contracts worth a total of over £430 million.
The contracts with Cambridgeshire County Council and Northamptonshire County Council reached financial close on 19 April and 2 August 2011 respectively. The contracts were jointly procured and the 25 year concessions will be operated in tandem to produce efficiency savings for the two Councils through project synergies.
To read more visit:www.todsmurray.com/streetlighting
Or scan the QR code to read the article
CAMBRIDGESHIRE, NORTHAMPTONSHIRE, STREET LIGHTING AND TODS MURRAY
To read the highlights and the pitfall visit www.todsmurray.com/hmrccrackdown
SCAN THE QR CODE TO READ THE ARTICLE
SCAN THE QR CODE TO READ THE ARTICLE
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“My name is SreyMom, I am fifteen years old, I am from Cambodia.”
The rest of the girls clap in encouragement as SreyMom masters her introduction.
A few years ago, instead of enjoying her right to education, SreyMom was scavenging in a pile of medical waste. Following a grueling day toiling in the burning rubbish, she would return home with her five siblings to their one room wooden shack, an abusive father and barely enough rice to survive.
A similar childhood was endured by each of the girls I am teaching English to at CCF 4; a childhood without education. Now the girls relish the opportunity to learn. Within all six CFF centres, over 700 of the world’s most neglected, malnourished and forgotten children are now provided with education, health care, nutrition and safe shelter.
After class, Patrick McKinlay, CCF’s passionate Sponsor Relations Manager, is taking me to Steung Meanchey landfill site to visit the slum village which sprawls across the dump – the former home of the majority of CCF’s children. CCF has developed strong links here thanks to founder Scott Neeson’s frequent visits, heartfelt dedication and life-changing aid. Every member of the Steung Meanchey community has benefitted since the former Hollywood film executive began his philanthropic mission in Cambodia seven years ago.
We park the car at CCF’s Community Outreach Centre. Established in 2007, its bright yellow walls are home to a number of life-changing initiatives, from food relief and clean drinking water to maternal care and nurseries. The maternal care program, in particular, has been a huge success: 242 healthy births with no fatalities – a dramatic turnaround from the former 22% infant mortality rate that plagued the area. The community centre is now a busy hub of activity and provides a great social platform for families to unite.
On Friday mornings I spend the most enjoyable part of my week here as hoards of laughing toddlers, dressed in matching green and blue pajamas, caterpillar out of kindergarten to join my gym class at the sandy volleyball court. The excitement is feverish as they run around before finishing with some singing and dancing games. At the end of each lesson I have small children clinging to each limb, like limpets stuck to a clumsy tanker. The line of beaming faces, chants of “HELLO JEEM!” and the craziness of each class are scenes that will stay close to my heart forever.
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James Weyers’ experiences working at Cambodian Children’s Fund
Our People
Professional photography by Maciej Dakowicz www.cargocollective.com/maciejdakowicz
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Today, however, my visit is of a more sober nature.
We depart the haven of the community centre and head to the dump. The landfill site stopped receiving fresh refuse in late 2009 – a development that has put an end to some nightmarish scenes. Scenes of barefoot children wading through smoldering garbage, collection sack and hacking stick in hand, waiting beneath a shower of rubbish as it cascades from an arriving truck. Scenes of a pregnant mother, new-born slung over one shoulder, bag of collected scraps over the other, swimming her way through a thousand flies, her breast milk poisoned with dioxin after years of inhaling burning plastic. It has also put an end to the frequent, tragic deaths suffered under the wheels of these unrelenting trucks during the scramble for fresh trash. When he was ten years old, Nghan, now a confident young man at CCF 1, would search the dump after scavenging to bury the infant corpses left to rot in the waste.
At its worst, only a quarter of the children living in this Hell survived.
The closure of the dump, positive as it may seem, has posed new problems for the community. The daily dollar earned here provides a vital reprieve from starvation. Many families continue to brave the methane soaked remains – desperately searching the dwindling rubbish. Others have resorted to the bins and street sides of residential Phnom Penh, pecking at house trash like curious seagulls, piling plastics and tins onto their handcarts. A full day braving the traffic can earn around 0.50$ a day. Staggeringly, this is more than 30% of the Cambodian population’s daily income. The migration of families into Phnom Penh to live and work in these appalling conditions speaks volumes about the state of rural poverty in Cambodia.
As ruthless developers swoop in on Steung Meanchey, families are being forced out of their homes, some taking their flourishing CCF youngsters with them to the inner city slums.
Worse still, as penniless families are edged from their land, the abandonment of infants is steadily growing. Pimps lurk, ready to buy, steal or lure these vulnerable kids away.
CCF has reacted quickly to help the community adjust to these new problems. Families are provided with business loans in exchange for allowing their children to complete high school and stay at a CCF residency. In order to help keep families united, mothers are provided with valuable vocational training at CCF’s bag making facility.
At the ‘EnGender program’, they enjoy a fair wage, free healthcare and life skills training. The women socialise with colleagues, further strengthening the community bonds CCF has tried to develop which were impossible in the dog-eat-dog world of scavenging. Such a well rounded approach is typical of the CCF way: everything has been thought of. In time, through this complete package, the mothers, like their children, can become a positive force behind social change for their wider community.
Back at the dump, plumes of smoke continue to rise from the desolate landscape. There is a barely tolerable stench of charred, rotting garbage. A miserable stream struggles through the plastic waste, as rank and black as a junkie’s vein. I watch on, numb and useless, as an elderly man wrapped in rags hacks at a pile of rubbish.
An unsettling mix of emotions sweep over me: a struggle to grasp the impossibility of these scenes; a deep sorrow for those abandoned to live this way; and overwhelmingly, a deep feeling of guilt over petty annoyances in my material life.
My western instincts look for someone, or something, to blame. Questions pound around my head. My time in Cambodia has posed a lot more questions than answers: a never-ending chain of problems with distant, seemingly impossible, solutions.
While answers elude me, life in the slum struggles on.
Colourful tarpaulin sheets, many provided by CCF, flap over wooden hovels. The stilted foundations plunge into rubbish. Inside, ever growing families share one room. Naked toddlers struggle through the soggy rubbish. Ducks and chickens graze, like the humans, on scraps from the dump.
But perhaps most astonishing of all is the welcoming spirit of the people in the village. Mothers smile as their children clamour to be photographed – giggling in amazement as their faces appear on the camera
At the end of each lesson I have small children clinging to each limb, like limpets stuck to a clumsy tanker.
screen. Other family members poke their heads from their shacks and wave curious hellos. I find myself in awe of the remarkable endurance of the Cambodian spirit: the will to smile in the direst of circumstances.
As we head back along the dusty path, Mothers’ chatter and children’s laughter fills the air, the yellow walls of the Community Centre glow in the afternoon sun – truly a living beacon of hope. Some of the girls I was teaching earlier are helping in the nursery as part of their vocational childcare training. I watch on, smiling proudly, as they laugh and chat with the families.
Admiration for the determination swells inside me. The obstacles they have overcome and their constant drive to better themselves is remarkable – not just for their own sake, but for the future of their families. These girls, like all 700 CCF children, are the future leaders and spokespeople for their communities.
Between them they have real potential to bring positive social change, here, and for all of Cambodia. Already the CCF circle is beginning to close. The taught become teachers at new CCF satellite schools – passing on the lessons they once learned as CCF students. The lost become leaders – as confidence grows and horizons are broadened. Finally, the hopeless have hope. From the enthusiasm, class and determination I witness in the children each day – at last, there is hope in hell.
TRAINEE SOLICITORT: 0131 656 2143,E: [email protected]
For details of Tods Murray’s Traineeship Programme visit www.todsmurray.com/traineeships
JAMES WEYERS
To sponsor a child, make a donation or find out more about the incredible work of CCF, please visit www.cambodianchildrensfund.org.
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VISIT LINKEDIN To connect with James Weyershttp://uk.linkedin.com/in/jweyers
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MAGGIE’S CENTRESMaggie Keswick Jenck was diagnosed with cancer in 1994. She felt the need to know more about her illness and how to live with cancer but struggled to find the right support anywhere in the UK.
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During a visit to her Oncologist at the Western General Infirmary in Edinburgh Maggie noticed an unused building and straight
away set out to develop this into the first Maggie’s centre – it opened in 1996 shortly after her death.
Maggie believed strongly in the power of knowledge in empowering people and sought information and support to help her and her family cope with her cancer experience – Maggie died 18 months later, living over a year longer than her prognosis. The centre was therefore set up to offer professional support to enable people to live with, through and beyond cancer.
In 2002, the second Maggie’s centre opened in Glasgow. 2011 marks Maggie’s 15th anniversary year and their growth to 15 centres, either built or in development.
Maggie’s Centres receive over 89,000 visits every year from people with cancer and their loved ones. The support on offer has grown to include professional advice, counselling, workshops and support groups.
Claire Tattersall is one of the centre users. At 34 she has spent most of her adult life fighting the affects of cancer. 14 years after first being diagnosed Claire has graduated from Napier University with a degree in sport science and is launching her own business – she shares her experience;
“It started with a really sore shoulder. I felt like I was at the doctor’s surgery every other week and spent most nights crying in pain. A lump appeared at my shoulder blade, which swelled to the size of a rugby ball and so I was sent for an X-Ray to
determine the problem. The results came back clear so I had to go for a scan.” Nine months had passed since the initial pain had surfaced.
“Cancer was the last thing I was thinking. In a week I was at Princess Margaret Rose Hospital in Edinburgh. I had a biopsy and they told me it was Osteosarcoma. Because I didn’t know anybody with cancer who had survived I thought I was going to die. Once I had accepted this I decided I was going to make the most of it, which is probably why I continued to play hockey, sneaking off to play a championship game between chemotherapy sessions and kept working at the local youth club where I could be surrounded by friends.
PICTURES
01 A SMILING CLAIRE TATTERSALL LOOKS FORWARD TO LAUNCHING HER NEW BUSINESS
02 SHARING A COFFEE AT MAGGIE’S
03 THE LIBRARY IS WELL STOCKED WITH INFORMATION AND ADVICE
04 A VISITOR CHATS TO CENTRE HEAD, ANDREW ANDERSON
05 FAMILIES FIND MAGGIE’S A HOMELY ENVIRONMENT
06 SUPPORT THROUGH FRIENDSHIP IS ENCOURAGED AT MAGGIE’S
07 THE BRIGHT AND AIRY KITCHEN IS A WELCOMING SPACE
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I had a change of heart during my first lot of chemotherapy.” The painful experience made Claire determined to live. “This wasn’t how I wanted to go. I decided to take the treatment and fight it.”
People can be directed to Maggie’s by their Oncologist, GP, friends or family. There is no referral system so the doors are open to anyone who needs support. Staff help to identify what support is needed and people can choose to get involved in any part of the programme.
“When I first arrived at Maggie’s centre I had been chatting about how there was no one my age in the ward and how it was an unsettling place to spend time during my treatment. I got talking to the staff at Maggie’s and decided that we could make a young persons oncology group. It gave me something to focus on and was a great introduction to Maggie’s Centres. It is such a relaxing space, quite like a house and because the staff have all come from a nursing background they can provide a level of medical care.”
Currently in the UK it is estimated that over 2 million are living with cancer, it is Maggie’s aim to support people to cope with this life changing disease in a peaceful setting.
“I always refer to Maggie’s as a safe place. You can escape the whole clinical setting of a hospital ward. A psychologist works to provide support whenever it is needed and they’ve got leaflets and booklets on every type of cancer there is. So anybody who goes in is able to get information and talk to someone who isn’t pressed for time.”
Maggie’s offer a drop-in service and a programme of planned activities. Through both, people can obtain professional advice, information, counselling and practical workshops.
Maggie’s is famous for a good cup of tea – offering people something safe and ordinary at a moment when they may be feeling lost and alone. This greatly adds to the home from home environment of the centres also putting people at ease to open up to professionals and peers. The kitchen is the hub of any Maggie’s centre, and where weekly nutrition classes are held, to help people cope with changes to diet and digestion from treatment.
Maggie’s also offer peer-to-peer support where people can meet others with cancer. This community approach is about sharing advice and giving support that only someone who understands what fighting cancer is like can give.
“They also do a patient advocate service. If you are having trouble getting through to your consultant Maggie’s staff will contact them directly to seek answers on your behalf” adds Claire. “After my operations I had to learn to do everything again. I have limited mobility in my arm and because I am left-handed I could no longer write. I was told when I was diagnosed that because it was a bone cancer it would be 15 years before recovery but I was discharged from Oncology a couple of years ago and I now hope to launch Forth Valley Injury Specialists.” The support from Maggie’s kept Claire focused on recovery and although she met many friends during her time there, for her it is all about living life.
Maggie’s completely relies on charitable support from local communities, businesses
and organisations. Volunteers and supporters are needed in every community to raise the money to keep the centres open.
Over 22 Tods Murray staff took part in Maggie’s Glasgow Night Hike this year, walking ten miles for the charity and plans for an exciting new project to enhance the support Maggie’s offers to people with cancer are under way.
Maggie’s hopes to continue to grow to be able to offer support to anyone anywhere in the UK affected by cancer.
Tods Murray chose Maggie’s as their 2011/12 Charity of the Year. The partnership aims to raise money and awareness of Maggie’s, which is achieved through a variety of events and voluntary activities.
I always refer to Maggie’s as a safe place. You can escape the whole clinical setting of a hospital ward.
VISIT OUR CSR FACEBOOK PAGE Catch a glimpse of some of the activities that have been going onwww.facebook.com/TodsMurrayCSR
VISIT OUR FLICKR PAGE To view photos from our fireworks party in aid of Maggie’swww.flickr.com/photos/todsmurray
VISIT OUR BLOG To see the charity challenge set to the summer law school raising over £6,000, during their 8 weeks with us insidetods.com
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The role Lord Advocate connotes long robes, grand courts and an austere position within the judiciary system. The fact that Elish
Angiolini, former Lord Advocate, Solicitor General and first woman Procurator Fiscal has instead been likened in appearance to the famous boy wizard seems somewhat at odds with the title.
However whilst delivering the keynote speech at this years’ Donald Dewar lecture at the National Library of Scotland she proved that humour is yet one more string to her glittering bow:
“For those of you who are genuine experts on JK Rowling’s literature, my husband’s authoritative view is that I am much more like the ghostly apparition who haunted the toilets at Hogwarts, known as Moaning Myrtle!”
Appointed Dame Commander of the Order of the British Empire (DBE) in the 2011 Birthday Honours, she poses a self-deprecating and impressive character.
“Prosecutor, it is such a grey role”, she says. “Daughter of the Darkness that’s what I used to get called. I became the Solicitor General in 2001, but I had been a prosecutor for 18 years before that. The vast majority of my work was advising the Government on a lot of things like litigation. That’s the side I suppose is the ultimate multi-task.”
In May of this year Angiolini called time on her career within the Crown Office, she shares her journey from a humble upbringing in 1970’s Govan.
“I wasn’t terribly interested in the early stages of my education. Part of that was to do with having difficulty reading. There was no notion of dyslexia when I was young you were just stupid and that was it. As a result I turned off a bit I would day dream a lot in class and so my mother decided something had to happen, and sent me to the local sports centre to ballet and tap.” She recalls how warm the teachers were who nurtured the ‘Margot Fontaine’ within.
“I would have loved to be a dancer but I just wasn’t good enough and then I decided my other skill was talking.”
A student of Notre Dame High School, Angiolini joined the debating society and soon found an outlet, leading the charge to regional competitions across the country. “I used to meet Charles Kennedy all the time at the finals and get beaten by him”, she confesses. Nevertheless it sparked an interest in argument and debate, encouraged also by TV serial dramas including Crown Court and Within These Walls. “These were pretty interesting developments for drama and in television at that time.”
One of the most significant aspects to this however was the depiction of strong female leads, which mirrored the respect and support she got from home. “My mother went out to work very long hours in an off-sales in Partick. I had fabulous parents very loving but they both were trying to make ends meet.”
Her first foray into the legal world came when she was just 15. Her home, like many in the area was deteriorating due to dry rot; she visited the local library to find literature on what the Government could offer to help. She successfully secured a 100% grant for her parents. Before she knew it the local priest had set up a surgery for her to assist the community to make an application – a couple of years after that she represented an 80-year-old woman in a supplementary benefits appeals tribunal and won.
“I was 17 and utterly precocious, but I really enjoyed it and thought this is what I want to do.” A burglary in her area soon meant she found herself testifying as a witness in court, her first time in such a setting.
“It had quite a profound impact upon me. The court seemed to be designed around the crown, the lawyers everyone who was deemed very important, whereas the witnesses and the accused to some extent were treated like flotsam and jetsam floating through, left slightly marginalised.”
The experience left such a mark that she decided to study both Criminal and Welfare law. On graduating with Honours in 1983, from Strathclyde University, she applied and was accepted for one of two positions within the Crown Office.
Her illustrious career charts a total of 28 years in the prosecution service rising to the role of Procurator Fiscal before becoming Head of Policy for the Crown Office. In 2006 she was appointed as Lord Advocate and now with her resignation accepted earlier this year has no plans to slow down.
“My mother was 94 when she died and she used to say if it wasn’t for this bloody body, which is such a wreck, I’d be out there ice skating.” Clearly her drive is in the genes. “I’m working with Terra Firma at Parliament House Chambers now. I love litigation, I came into law to be on my feet, to argue and engage with negotiations,” counting this, a visiting professor role at Strathclyde University, her appointment to the board of Scottish Opera and practice at the bar – she agrees that now is about a period of change as opposed to rest.
“I am sure it will be fascinating, then again” she pauses, “if it doesn’t work out there is always the tap dancing.”
A TIME FOR CHANGEFormer Lord Advocate Elish Angiolini talks about her outstanding 28 year career and how it was simply a starting point to what lies ahead.
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CV
NAME: Elish Frances Angiolini
BORN: 1960
HOMETOWN: Govan, Glasgow
EDUCATION: University of Strathclyde
• Solicitor General for Scotland (2001-2006)
• Lord Advocate (2006-2011)
• Awarded DBE 11th June 2011
Daughter of the Darkness that’s what I used to get called.
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Litigation D
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EXPERT INSIGHT
Alternative forms of dispute resolution such as mediation or arbitration are options increasingly being sought by clients. We have a proven track record of success and give focussed commercial advice. We are decisive, recognise the value of the client in settling in an effective manner and fight their corner both in or out of court.
PETER PATERSONPARTNERT: 0131 656 2282 E: [email protected]
I came into law to be on my feet, to argue and engage with negotiations.
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CHALLENGING THE GLASS CEILING
Women in Business NetworkD
T his glass ceiling was made plain by a perceived need for long working hours, lack of encouragement and the stereotyping of
men in senior roles. But the survey also found that most women questioned were highly motivated and up to these challenges.
A common reaction of those who have met the glass ceiling was to find a way around it by moving to a new job or to start their own business, implying that many organisations are losing out on female talent.
Of those who have successfully broken through, 88% felt that they had to make some sacrifices along the way. Yet, those in the survey who chose not to break through the glass ceiling did so for positive lifestyle reasons. “It is well researched that women are falling off the radar within organisations shortly after they progress beyond the junior ranks, possibly coinciding with the time they choose to have a family” explains Tods Murray Partner Fiona Buchannan. “In order to address this, it is vital for women to feel encouraged to aim for the top jobs, even if they have opted to have a family, and to be able to put in place a supportive infrastructure in their working and personal lives to enable them to achieve this.”
Viviane Reding, the EU’s fundamental rights commissioner, has issued an ultimatum that unless more boardroom seats are filled by women by the end of 2011, she will use new powers under the Lisbon Treaty to impose ‘gender quotas’. Germany has set a target for 20% of senior posts occupied by women by 2015, while Spanish law requires companies and publicly listed firms with more than 250 employees to apply a minimum 40% boardroom quota for women. The reaction to this has been mixed.
On the discussion of redressing the perceived gender imbalance Tods Murray Partner Susie Thornton adds “while I would have preferred to leave the business world to get there itself, I do feel that positive discrimination in the shape of quotas is required to change the current norm.” Elaine Brailsford, another Tods Murray Partner, looks further ahead “The Davies report predicts that at the current rate of change it is going to take 70 years to achieve gender balance in the boardroom. Women have been underrepresented in all fields including law but that has changed. As more women than men are graduating in law it is inevitable that the gender balance at partner level is going to improve – we may one day have a female majority! Attitudes change and when they do change happens quickly. But many women are not interested in participating at high level in the business world for perfectly good reasons.”
THE DAVIES REPORT
The Davies Report (Women on Boards), published by Lord Davies of Abersoch, in February 2011, recommends that UK listed companies in the FTSE 100 should be aiming for a minimum of 25% female board member representation by 2015. The report states that these companies should all set targets for 2013 and 2015 to ensure that more talented and gifted women can get into the top jobs in companies across the UK.
A survey, conducted by Tods Murray, of leading Scottish business women has revealed that most believe a glass ceiling exists in the workplace, with 57% having personally encountered the gender barrier.
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Women in Business Network D
Susan Rice, Managing Director of Lloyds Banking Group Scotland – and the first woman to head a UK clearing bank when appointed Chief Executive of Lloyds TSB Scotland in 2000 – shared her views on why women are underrepresented in the boardroom, “Our society ascribes certain characteristics to men, such as the desire to convince, instruct, impress. Women are seen as being more inclusive, desiring connections, relationships. Whether these are gender-defined or not, I believe we have more effective boards when we have a mix of such qualities. We need to understand the value of that mixture.” On the survey’s results she adds, “Glass ceilings may or may not exist. But, as soon as we start blaming them for lack of success, we have given up trying. Taking our place in the boardroom requires hard work, tenacity, ambition and aspiration. Being there can be stimulating and exciting – for some, though not for others. But the only way to find out is to reach for it.”
Most women questioned felt in control of their careers, with 40% citing personal success as most important to them.
“Women have to make the choice that is right for them. Is the answer to make business more balanced in terms of work/life and thus attract more women to the boardroom or elsewhere? That I suspect may be a much harder balance to achieve,” adds Elaine Brailsford.
So what might the future have in store? Fiona Buchannan concludes, “the economic crisis has taken its toll on everyone and women have not been immune from its effects. Nevertheless, women need to continue to focus on strategies to progress their careers and to continue to sell themselves as not just the right thing for gender equality’s sake but for the benefit of better, more productive business generally.”
Glass ceilings may or may not exist. But, as soon as we start blaming them for lack of success, we have given up trying.
VISIT LINKEDIN Join our Women In Business Groupwww.todsmurray.com/womeninbusiness
WE CONDUCTED THIS SURVEY OF BUSINESS WOMEN IN SCOTLAND TO GATHER THEIR THOUGHTS ON WHETHER THE DAVIES REPORT WILL MAKE A DIFFERENCE TO CORPORATE ATTITUDES TOWARDS FEMALE BOARD MEMBERS, WHAT PLANS WOMEN WOULD LIKE TO SEE PUT IN PLACE TO MEET THE TARGETS SET DOWN IN THE REPORT, WHAT OBSTACLES ARE PRESENTLY IN THE WAY AND WHICH SUCCESSFUL WOMEN IN BUSINESS IN SCOTLAND MOST STAND OUT.
TO VIEW THE RESULTS VISIT WWW.TODSMURRAY.COM/WIBRESEARCH
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LENDING THE LAW A HANDBanking & FinanceD
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As new rules on finance and insolvency come into force, we talk to a man who had a hand in their creation – Tods Murray partner Dr Hamish Patrick
AT A GLANCE
NAME: Hamish Patrick
BORN: 1962
HOMETOWN: North Berwick
ADMITTED AS A SOLICITOR: 1989 (Scotland)
PARTNERSHIP: 1992
HOME INSIDE TODS MURRAY: Banking and Finance department
CHAMBERS & PARTNERS:“Leader In His Field”, Tier 1, 2010
EMAIL: [email protected]
SOME RECENT INVOLVEMENT IN LEGISLATION, CONSULTATIONS AND WITH WORKING PARTIES:
• The Scottish representative on steering committee of English Secured Transactions Project chaired by Lord Saville and directed by Professor Sir Roy Goode
• Leading member of Scottish/English public/private sector stakeholder working party on implementation of new Scottish floating charge regime under Bankruptcy and Diligence etc (Scotland) Act 2007 – reported to Scottish Government August 2011
• June 2011 EU research consultation on the legal system to be applicable to transfers of contractual obligations under EU “Rome I” Regulation, following up response to 2010 UK Government consultation
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DBanking & Finance
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Hamish Patrick is a widely acclaimed specialist. “If you’re looking for an expert North of the Border on cross-border
structured funding and insolvency, Hamish is the one I would always go to,” says Jennifer Marshall, a London restructuring partner with law firm Allen & Overy and editor of Sweet & Maxwell’s European Cross Border Insolvency.
“It’s nice to hear Jennifer say that,” says Hamish “though there are a lot of good people here and we are very pleased to work with the best people in London and abroad.”
Hamish has also been working recently with Hogan Lovells finance partner and City of London Law Society Finance Committee Vice-Chairman Geoffrey Yeowart, assisting the UK Department for Business, Innovation and Skills in developing a new “UK” system for registration of security interests by companies.
Hamish adds: “Lenders will need to be thinking about changing their processes for secured lending to take account of the proposed new charge registration regime.”
CROSS-BORDER ISSUES An important aspect of Hamish’s work has been to make rules work properly across the separate UK legal regimes. Cross-border issues, between Scotland and England as well as internationally, he says, “first caught my imagination when I studied law.”
After he completed his PhD thesis in this field, the subject of “how legal systems fit together” has continued to fascinate him in a 24-year career with Tods Murray.
This is how Hamish became a specialist in securitisation, a financing method that was born in the USA. But it’s not only the introduction of novel methods from abroad that keeps him busy. Hamish is also instrumental in the export of useful Scottish concepts.
For example, Scottish limited partnerships are now used across the globe as investment vehicles – including, with the help of Hamish and his colleagues, in the financing of the Gherkin building in London.
THREE PIECES OF LAW REFORM Within the last year, Hamish has had a direct input into three pieces of law reform. Besides the proposed new rules on registration of charges, he has given the UK Treasury a hand with legislation that protects collateral provided in financial markets.
Having drawn attention to defects in the way in which an EU Directive had been implemented for Scotland, Hamish was asked by the Treasury to assist with the detailed changes required to make “repo” transactions for the sale and repurchase of investments work effectively when Scottish collateral is provided.
Hamish also led a successful campaign to persuade the Scottish Government to correct the law on receivership when a change in European rules hindered appointments of receivers in Scotland of the Scottish assets of companies based in other EU countries.
MODEST AND COMPETITIVE Chambers, the legal guide, states Hamish is “hugely respected” for his corporate banking expertise. The Legal 500 says he is “always friendly and approachable” and “adopts a commercial approach and delivers succinct advice that provides solutions”.
Such compliments make Hamish a bit uncomfortable: “I have a tendency to undersell myself. But it’s nice to be regarded well.”
Beneath this layer of modesty the lawyer is however quite competitive. This is brought to light when he explains his approach to golf. “My father was a very good golfer,” says Hamish, “but as I couldn’t win, I concentrated more on other things.”
“Other sports were also left by the wayside longer ago than I care to remember” adds Hamish “though I have sometimes tried out new things with the kids
– for example the waves here were good for surfing, but briefly for me as the water is freezing”
Hamish lives in a house on the sea front in North Berwick – “bought on impulse for the view” – with his wife, painter Suzanne Kirk, and their children.
PEACE AND PREPARATION Hamish enjoys early morning walks along the beach outside his home with their brown Labrador, Oscar – a thoughtful intellectual, with only a slight touch of the nutty professor about him.
“I love reading on the train – just recently Crow Road by Iain Banks, but then I didn’t finish The Bookseller of Kabul as I left it on the train by accident – I’ll find out what happened.”
The family take their holidays in a camper van across Europe. This year they went cycling in southwest France: “With a good supply of wi-fi and ice-cream, and not too many art galleries, even our teenagers admitted to having a good holiday together.”
Hamish “liked the peace and quiet that cycling brought too.” It gave him time to clear his head to tackle the new legal problems in finance and recovery faced by his clients when he got back.
MAKE THINGS WORK PROPERLY As always, wider legal changes also demand his attention. Looming on the horizon are new EU rules on the transfer of contractual rights.
“Insolvency too continues to raise important cross-border issues,” says Hamish, who is “waiting for more fallout from the Lehman demise to drift over from England and the USA to Scotland.”
Finally, we ask why he has stayed with our firm since his student days and refused to be poached by the competition or an in-house legal department.
At first the question surprises him, but then Hamish comes back to what motivates him: “I fit in well at Tods Murray with our ethos of wanting to make things work properly.”
I fit in well at Tods Murray with our ethos of wanting to make things work properly.
Photograph taken by Hamish’s wife, Suzanne, outside their house on Milsey Bay, with Bass Rock in background
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Residential PropertyD
THE EDINBURGH GALLERYEstablished 24 years ago The Edinburgh Gallery specialises in Scottish Art and offers traditional contemporary paintings by highly respected artists. Over the years The Edinburgh Gallery has promoted young graduates from across Scotland including Jack Vettriano who launched his first solo exhibition here in 1992. The Edinburgh Gallery offers a wide range of subjects to appeal to the discerning collector.
20A Dundas Street, Edinburgh, EH3 6HZ
HENDERSON’S BISTRO & RESTAURANTEstablished in 1962 to sell produce from Janet and Mac Henderson’s farm, demand soon grew to include the opening of a basement restaurant. Now considered an Edinburgh institution, Henderson’s empire includes a bakery, deli and even a gallery space. Approaching its 50th year this family owned venue celebrates the best in responsibly sourced ingredients and is something of a cultural hub for creatives including writers, musicians and actors.
94 Hanover Street, Edinburgh, EH2 1DR
L’EPICERIEL’Epicerie stock lots of French goodies including seriously strong cheese and beautiful copper pans. This delightful little delicatessen also has a dedicated chef and kitchen/lab where terrines and rillettes are produced using local suppliers such as Sunnyside farm. Famed for their macarons with flavours like salted caramel, chocolate, pistachio, raspberry and even candyfloss, L’Epicerie offers the city a little taste of France.
56a Broughton Street, Edinburgh, EH1 3SA
UNICORN ANTIQUESStocked like an Aladdin’s cave of treasure this basement antique shop is a haven for curios, brass and vintage trinkets. Packed to the rafters, Unicorn Antiques has been a favourite with bargain hunters for 35 years and is the perfect place to find a unique gift amongst the rows of shelves and boxes.
65 Dundas Street, Edinburgh, EH3 6RS
MR PURVES LIGHTING EMPORIUM This diminutive shop specialises in vintage lighting fixtures as well as a repair service and opens only once a week. With stock spanning several decades, customers are sure to get a little bit of history along with their purchase. Mr Purves Lighting Emporium is probably best known for its vast array of decorative antique oil lamps.
59 St Stephen Street, Edinburgh, EH3 5AH
RESIDENTIAL SPOTLIGHT:EDINBURGH’S NEW TOWN
BUYING A HOUSE? VISIT WWW.TODSMURRAY.COM/PROPERTIESFORSALE
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SMELL OF SUCCESS
Pay attention to potential odours, make sure to temporarily remove any pet bedding, which can create an unwanted smell. Add plug-in diffusers around your home and remember fresh air is best.
06STAND OUT
In order to attract attention to make your home more memorable, why not add a desirable feature to the property? This can include new blinds, fitted wardrobes, garden plants or decking.
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Residential Property D
BE FLEXIBLE
Years ago viewings ran on a set schedule. Now it can be arranged by appointment. As the nights get darker people don’t necessarily want to venture out. Remember daylight is certainly the best time to show your house. All viewers should be treated as serious buyers so be as flexible as you can when it comes to last minute viewings.
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THE HOUSE DOCTOR
A potential buyer is seeing your home for the first time and will notice things you may have come to live with. Working fixtures and fittings and freshly painted rooms can make all the difference to achieving a sale and obtaining the best price possible.
GETTING THE PRICE RIGHT
Check out the competition and discuss the Home Report with your solicitor. It is important to note that the price your surveyor values the house at is probably right, whether you agree or not. By pitching it sensibly you stand a much better chance of effecting a sale sooner rather than later.
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TOP TIPS FOR SELLING YOUR HOME
HIDDEN EXTRAS
Given the chance, buyers like to snoop. Like when making any purchase in life, they simply want to get a feel for the product. Provide the opportunity to do so by rearranging your cupboard interiors. Fold towels, line up shoes and neatly arrange tins and jars.
ADDING VALUE
Sweeten the deal to sell your home by leaving a little extra behind as part of the cost of the property. This should be something that may have caught the buyer’s attention and can include the fittings of an integrated kitchen or bathroom. Everyone is looking for a good deal so let them feel they’re getting one.
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LESS IS MORE
Cutting the clutter allows potential buyers to imagine your home as their own. This blank canvas encourages viewers to envisage where to put their furniture, but a stark approach should be avoided. Don’t over personalise and ensure that every room shows its original purpose.
03FIRST IMPRESSIONS
Apparently, it takes only 30 seconds to determine whether a house is “the one”. With first impressions really counting towards a sale be sure to spring clean your home from top to bottom paying particular attention to the entrance. A light and airy space can provide the best welcome.
02KERB APPEAL
A well-maintained property is key to attracting potential buyers; don’t make a feature out of overgrown grass, a crumbling garden wall or a broken gate. Keeping on top of this can make all the difference. By enhancing your home with an attractive exterior you’ll entice viewers indoors.
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PROPERTY SALEST: 0131 656 2312 E: [email protected]
VISIT LINKEDIN TO CONNECT WITH CYNTHIA BURDON UK.LINKEDIN.COM/IN/CYNTHIABURDON
CYNTHIA BURDON
SELLING YOUR HOUSE? CONTACT CYNTHIA
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Well Rounded ViewD
As Ambassador for Philanthropy I aim to encourage a giving culture by sharing my philanthropic journey and how I’ve put my self-made
wealth to work. In doing so, I also hope to inspire Scotland to appoint it’s own ambassador and grow philanthropy throughout the UK.
I believe everyone’s life plays out in three parts – you’ve got a phase in your life when you’re learning and then most of us have an earning phase in some way, followed by a returning phase focused around ‘giving back’. I certainly learnt a great deal in my early life because in 1939 I arrived here as an unaccompanied child refugee.
My father was a judge in Dortmund near Berlin at a time of horrendous discrimination, and we frequently moved around Europe trying to find a safe place. Then my parents did a very brave thing but more importantly a giving thing and they put me on a Kindertransport to England. They did not expect to see me again, which is a bold example of giving not in monetary terms, but giving to create an opportunity for another.
I arrived in London in July – I was stateless because Hitler had taken nationality away from Jewish families – I was penniless because we weren’t allowed to bring any money, although my mother had put a Leica camera around my neck, which I later sold.
I learnt how to cope with change, how to welcome that tomorrow is different from today and also learnt to assuage my survivor guilt by making each day count, basically to make my life worth saving.
My first job came in 1951 and was partly an earning and a learning phase as I worked whilst
volunteering with different charities. I soon hit the glass ceiling, which, in 1962 prompted me to found my own software company, thus providing a way of giving opportunities to women, because at that time we were very restricted. You couldn’t serve on the stock exchange, you couldn’t drive a bus – you couldn’t even open a bank account without your husband’s permission. I therefore became a pathfinder in the professionalism of women, especially in the high-tech area and so that was my earning phase.
Then in 1993 I started giving back – started returning, using what I had learnt in business and so on, because my company’s success had made me wealthy. At one time I was trailing Her Majesty the Queen in the women’s rich list.
Personal wealth however is not just measured by money in the bank – we also have memories in our memory bank. I started off, not by giving money away, but by giving shares away in my company, firstly to the staff and then to various charities. The Shirley Foundation and its mission grew from the early days of my returning phase. I’ve always been involved in research, I’ve always been involved in pioneering and so the Shirley Foundation itself is pioneering. Because of my computing background, some big donations have been concerned with information
technology, but the vast bulk has gone to the lifelong development disability of autism. It’s something I know about and it’s something I care about.
To explain, autism is a developmental disorder, it’s present from birth, though it only exhibits itself a few years later – it hampers people’s communication and social interaction; this was my late son’s disorder.
Giles is the patron saint of disability, although I didn’t realise that when we first used it, he was a beautiful baby but he suddenly turned into a wild, unmanageable toddler and the whole of our lives focused on him. He went to a good primary school and we had some relatively calm years, but he flipped completely when puberty hit and couldn’t cope with it at all. I couldn’t even find a secondary school that would accept him as a pupil. When he was 13 I broke down, I just couldn’t function anymore – both of us went into hospital – I came out in a month but Giles stayed in a locked ward of an old style hospital for 11 years. Autism isn’t necessarily as bad as that but it can be absolutely devastating and it was with us. There is no cure.
My biggest charitable project therefore was to create a special school for pupils with autism and profound learning disabilities. It took 5 years but it continues to be a success to this day.
Giving is a social and cultural activity not just a financial transaction. I find that if I just write a cheque I feel very uncomfortable. Money can be given as a compassionate act of detachment, but I try to make giving a committed act of love. I started with hands-on support for my son but love transcends death and so autism continues as an ongoing focus of my life.
EMBRACING PHILANTHROPYTHE TIME IS NOWBy appointing Scotland’s own leader for philanthropy, can we truly encourage a giving culture? Dame Stephanie Shirley, Ambassador for Philanthropy in England shares her Well Rounded View.
Giving is a social and cultural activity not just a financial transaction.
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CV
SHIRLEY, Dame (Vera) Stephanie, (Steve) DBE 2000 (OBE 1980); FREng; FBCS CEng CITP
Born 16 Sept. 1933; d of late Arnold Buchthal and Mrs Margaret Brook (formerly Buchthal, nèe Schick); name changed to Brook on naturalisation, 1951; m 1959, Derek George Millington Shirley; (one s decd)
Founding Ambassador for Philanthropy
EDUCATION Sir John Cass Coll, London. BSc (Spec.) London 1956
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DWell Rounded View
My personal belief is that giving should be proactive, ambitious and focused on results. My aim is always to be strategic – the money may be important but the passion and human touch are just as important. So I give with a warm hand and a liberal spirit. I feel more fulfilled as a social entrepreneur than I ever did in the years spent making money.
In 2009 I was selected as the British Government’s founding Ambassador for Philanthropy for England because, it was said, I represent a modern model of philanthropy. My aim in this role is to give philanthropists a voice so that the government, the media and to a certain extent the charities actually understand what philanthropists are about. I encourage philanthropists to talk about their work so that others may understand and share how they give.
Across the world we know that philanthropy is a promising force for good, channelling resources from the successful and wealthy to invest in charities, community groups and social enterprises. Yet I’m convinced that the benefit of philanthropy is significantly unfulfilled until an appointment for an Ambassador in Scotland is confirmed.
The ideal paragon would be somebody who was prepared to work cross party, is creative, free
willed and persistent in urging the necessary changes, because I believe that philanthropists lead and the politicians follow.
An Ambassador for Philanthropy in Scotland is something that would work here and by working together on such a project the government, charities and the media can really inspire the nation and help to foster the conditions in which generosity can achieve its greatest impact for good. I encourage Scotland to unleash philanthropy.
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VIDEO Listen to and watch Dame Stevewww.todsmurraytv.com
EXPERT INSIGHT
Economic uncertainty is driving a different attitude to inheritance and gifts. There is a greater desire for lifetime giving rather than legacies and people are more likely to opt for direct giving rather than wait 20 years down the line. Considering the series of major tax changes in recent years, from a wealth management perspective, there are various advantages to charitable giving.
GORDON CUNNINGHAMPARTNERT: 0131 656 2288 E: [email protected]
For information on our Third Sector Forum visit www.todsmurray.com/thirdsectorforum
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To read more Well Rounded Views visit www.todsmurray.com/wellrounded
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Rural Property & BusinessD
JUBILEE WOODSNext year, 2012, marks Queen Elizabeth’s 60th year as monarch. Other than Queen Victoria, she will be the only British sovereign to achieve this milestone.
To celebrate the Diamond Jubilee and mark this moment in history, The Woodland Trust, the UK’s leading woodland conservation charity, will be encouraging people across the UK to come together to plant six million trees.
The Jubilee Woods project will mark this fantastic occasion through a growing tribute, inclusive of everyone whether
creating a large wood, a small wooded area in the local community, or simply planting a single tree in the back garden. Anyone who wants to be involved can be, and by paying a very special tribute to the Queen, they will create something living and lasting to pass on to future generations.
The Trust is delighted to have the support of Buckingham Palace and is honoured that HRH The Princess Royal has agreed to be the Jubilee Woods Patron. The project will create hundreds of new woods making a significant difference as valuable assets for communities and secure habitats for wildlife, for many years to come.
Our 60-60 vision is to create 60 Diamond Woods in 2012, each being new native woods of at least 60 acres in size. Each successful Diamond Wood will be offered a tailored design service from Woodland
Trust Scotland advisors, incorporating species selection, grant opportunities and managing integral aspects such as open spaces and access. We already have six confirmed Diamond Woods in Scotland however we are looking for more landowners to lead the way as we take the first steps towards transforming the landscape of one of Europe’s least wooded countries.
For those with less land but who still wish to celebrate by planting trees, the Trust is encouraging individuals, local authorities, businesses and communities alike, to plant a Jubilee Wood, an area of anything from an acre upwards, and we very much hope there will be hundreds of these across the country.
All Diamond Woods will feature in a commemorative book that the Woodland Trust will present to the Queen at the end of the project and landowners will be invited to an exclusive celebration to thank them in person for their invaluable contribution. Jubilee Woods will be listed in a celebratory report for The Queen and UK Government and will receive a special certificate of recognition.
If a Diamond or Jubilee Wood is a step too far, free tree planting packs of either 105 or 420 trees are available to communities and to schools with curriculum linked resources.
Each pack offers a choice of themes including wildlife, year round colour, wood fuel or wild harvest and contains a Royal Sapling originally sourced from one of the Royal Estates.
If a wood had been planted in 1977 for the Queen’s Silver Jubilee it would now be 35 years old – beautiful, valuable, and filled with life. With HRH The Princess Royal as Patron, the Jubilee Woods project is set to create hundreds of new woods and transform our landscape in a generation.
By working together we can leave our own legacy and create woodland that will live through ages and traditions, growing ever more established and eventually securing its own place as part of our country’s much-treasured heritage.
For more information contact Andrew Campbell on 08452 935763 or visit www.moretreesmoregood.org.uk/jubilee
POLICY AND COMMUNICATIONS MANAGER, WOODLAND TRUST SCOTLAND
ANDREW FAIRBAIRN
“ As Patron of the Jubilee Woods’ project I am delighted to be part of the plans to create 60 special woods, each paying tribute to a year of The Queen’s reign. I very much hope landowners across the country will join the celebration and help form this valuable and historic legacy.” HRH THE PRINCESS ROYAL
EXPERT INSIGHT
Whilst seeking to preserve the best of the past, the modern landed estate must always look to the future in order to flourish. Formed over 150 years, our understanding of the legal and regulatory framework that applies to today’s rural businesses allows us to offer commercial advice on the long term strategic management of landed estates.
PETER MISSELBROOKPARTNERT: 0131 656 2386 E: [email protected]
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Family D
BREAKING UP IS HARD TO DO: TOP 10 REASONS TO HAVE A COHABITATION AGREEMENT
Nowadays more and more couples are opting to live together before getting married, or indeed instead of getting married. Contrary to popular belief, cohabitating couples do not have the same legal protections as married couples do. Cohabitation Agreements can therefore play an important part in protecting household goods and assets in the event that romance fizzles out. A Cohabitation Agreement can state what should happen to the property, the furnishings and your own financial contribution allowing you to enjoy living together.
TO DOWNLOAD OUR SURVIVAL GUIDE TO SEPARATING AMICABLY VISIT WWW.TODSMURRAY.COM/FAMILYLAW
EXPERT INSIGHT
Our family law team are experienced family lawyers who have trained in mediation and collaborative law and can steer you through the different ways in which you can reach an agreement to help you arrive at a positive outcome.
NAOMI PRYDESOLICITORT: 0131 656 2163E: [email protected]
Avoid dispute Having a Cohabitation Agreement in place is a good idea to avoid dispute down the line should the relationship come to end. As the song goes, breaking up is hard to do, however the process is far easier if you have an Agreement setting out exactly what is to happen.
Equal ownership To overcome the presumption of equal ownership of household goods if they have not actually been acquired jointly, a Cohabitation Agreement can state in black and white who has purchased what, and therefore who is entitled to the sofa, washing machine, or the 60” HD TV for example should an unmarried couple decide to split up. And if pets are involved, they too can be included!
Provides security Just like a Will, an Agreement gives peace of mind should the unthinkable happen. It is vitally important to have both in place as there are still many misconceptions surrounding succession issues. If there is no will, a cohabitant has a right to make a claim on his or her partner’s estate but this must be done within 6 months of death.
Getting the keys to the door For young professionals who are buying a flat together, putting down a deposit is a step closer to finally getting the keys to their own home. Often it involves months, or years, of saving up or a generous contribution from a family member, so it’s worth having an Agreement that protects the deposit so it is returned to the right party.
Buy out option Although no one likes to think about their relationship drawing to a close, it can be just as difficult to think about saying goodbye to the property you purchased, especially if it holds fond memories, is close to family and friends, work, or just feels like home. And if you envisage living there for the foreseeable future, it makes sense to include the option to buy the other out in a Cohabitation Agreement.
Right to continue living in the property If it is not going to be financially possible to buy your other half’s share of the property, you need to consider the arrangements if one of you is to continue living in the property, and whether you are both going to continue paying towards the mortgage and bills until the property is sold.
Protecting your children It’s important for people with children from a previous relationship to consider what they want to happen to their assets after their death. If you don’t have a Will or Agreement then your partner could make a claim on your estate and potentially deprive your children of what you would expect them to be entitled to.
Buying a flat for your child If your child’s girlfriend/boyfriend moves into the property that you have bought, it is a good idea to have them enter an Agreement to prevent any cohabitation claims being made that might result in the property having to be sold which would affect your investment.
Home improvements If you pay for improvements to a property owned by your partner – new kitchen, bathroom etc – having an Agreement means you can protect yourself in terms of getting your money back if you move out.
Seek advice It may seem a little unromantic but it’s worth seeking the correct legal advice now rather than later.
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WINTER 2011/12 | ISSUE 43
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