in:brief: Issue 14 – Winter 2014

in:briefTHE NEWSLETTER OF NAPTHENS SOLICITORS

napthens.co.uk

WINTER 2014ISSUE FOURTEEN

Napthens advises on new era for Guild HallSolicitors from Napthens recently helped to make possible the acquisition of Preston’s famous Guild Hall venue by a county businessman.

Special report: examining how to build and protect a brand. Pages 4&5

The venue, built in 1973 by the council as an entertainment complex, has hosted a variety of shows, productions, conferences and corporate events.

Now the city centre building has been transferred to the ownership of entrepreneur Simon Rigby, a long-standing client of the Commercial Property team at Napthens.

Mr Rigby owns a range of Lancashire businesses including The Villa Group, a £40m turnover business which includes The Villa Wrea Green and The Villa at North End, and the £20m turnover energy company Greengen Group.

The acquisition has secured the future of the venue and breathed new life into the building with a new restaurant, front entrance, and upgraded facilities in the pipeline.

An artist’s impression of the new look Guild Hall

Business roundupLancashire County Council’s Andy Walker looks at the county’s ambitions.

page 2

It pays to trainOur expert discusses the merits of a well-trained workforce.

page 6

Winter wonderlandIn:brief looks at the history and future of Blackpool’s iconic Winter Gardens.

page 3

Face2faceOur latest debate takes in divorce and alternatives to court.

page 7

Hit the roadNapthens’ own Stephen Bell explains his passion for motorbikes.

page 8

A team from Napthens led by Commercial Property partner David Hill and Corporate partner Richard Robinson advised Mr Rigby on the acquisition, in a process which took 12 months to complete.

The team carried out a range of due diligence work on contracts and property before drawing up the 999-year lease between Mr Rigby and Preston City Council, and working with the authority’s legal staff ahead of the building’s handover.

David Hill said: “The Guild Hall is an important facility not just for Preston but for Lancashire, as one of the most popular venues in the area.

“Transferring ownership of such a major building from a local authority to private hands was no small task, and we worked hard with the council’s staff to ensure the

transaction went ahead smoothly.

“With a public building of this nature there are always issues to consider – for instance limitations to development and access rights – and the city council staff were very helpful in agreeing the lease.”

Simon Rigby said: “I’m keen for the city to do well and that’s why I’m investing in Preston Guild Hall. There is a tremendous opportunity here. The city is on the up and the Guild Hall is very much part of that.”

Mr Rigby has also established a £250,000 trust fund to support arts and culture in Preston.

Councillor Peter Rankin, leader of Preston City Council, added: “This is a fantastic deal for Preston and a fantastic deal for taxpayers. Thanks to Simon, over £1million is being

invested in the Guild Hall.

“This will breathe new life into the venue with a beautiful new restaurant, a striking and welcoming front entrance and upgraded facilities for audiences and performers.”

David Hill

We believe this to be a really valuable programme for the county’s businesses as it allows them to get free skills training for their employees from local colleges and other training providers. This training is tailored to their requirements following a detailed training needs analysis. Those wishing to find out more can do so through the website at: www.lancashireskillssupport.co.uk

Accessing finance will remain another major consideration for businesses over the next six months, but there are a number of different sources of finance available that can work instead of, or alongside more traditional funding streams. Again, Boost Business Lancashire can help with things such as growth grants and access to expertise from other funding specialists.

Businesses interested in finding out more about the support available from Boost can visit or call to see if they are eligible for free support: www.boostbusinesslancashire.co.uk

The courts’ interpretation of the Landlord & Tenant Act 1954 has long been seen as heavily weighted in the tenant’s favour when it comes to opposed lease renewals.

While there remains a high bar to be satisfied for a landlord to show that a tenant shouldn’t be granted a new lease as a result of failure to comply with its obligations, Courts are now likely to take a broader approach and will look at the prejudice to the landlord - without requiring the landlord to show a quantifiable loss.

In the recent case of Youssefi v Musselwhite [2014] EWCA Civ 885, the Landlord opposed renewal on the following grounds:

One thing that never surprises me about Lancashire is the sheer will and determination of people in business to succeed.

You would forgive any budding entrepreneur, or lifelong entrepreneur for that matter, for being a little deterred by the events of the last five or six years.

But I am pleased to report there appears to be no shortage of ambition in Lancashire, as evidenced by one of our recent Boost Business

welcome / business roundup / legal update:

in:brief welcome

Welcome to the latest issue of in:brief which offers a host of informative articles on topics ranging from some of the interesting transactions our teams have been working on, to legal advice on commercial property and employment law.

We begin with our regular Business Roundup, in which a leading business figure takes a look at the hot topics of the moment. This edition, Andy Walker, Lancashire County Council’s head of Business Growth and Innovation puts pen to paper to look at the county’s ambition as a place to do business.

Lancashire landmark The Winter Gardens is the focus of one of our popular Client Profiles, and we ask Michael Williams, managing director, about plans for the future. This iconic venue is joined by another historic company, as we profile S Dawes Weaving, a textile company founded in 1902 and still going strong more than 110 years later.

Meanwhile, we examine in depth another interesting topic in our double-page feature, this time shedding light on how businesses can build and protect their brand’s commercial worth. Business owners, marketing and professional advisors contribute to this special report.

This edition our own experts take a look at a variety of topics including commercial property tenancies, and the merits of having a well-trained workforce, plus a guide to the probate process.

Finally, Face2Face put two family experts together to discuss how couples can manage the divorce process, and what options are available instead of going to court – something every couple going through this difficult process should be aware of.

I hope you enjoy your read.

2 in:brief WINTER 2014 www.napthens.co.uk

Legal update

Entrepreneurial spirit is alive and well in Lancashire

Daniel Boulton, Commercial Property solicitor, looks at a recent case that shows courts are now taking a wider view when deciding whether or not a tenant can be granted a new tenancy.

Andy Walker, Head of Business Growth and Innovation at Lancashire County Council’s economic development service.

Contact: [email protected] 01772 904289

Iain WhartonHead of Litigation

Daniel Boulton

Contact: [email protected] 0800 488 0057

Andy Walker

Lancashire surveys which showed that 58 per cent of new business owners in the county expect to be profitable in their first year, and over half forecast a turnover of over £250,000 by their third year.

The optimistic outlook seems to be shared by more established businesses too. The anecdotal picture I get from my conversations with business owners is that they are busy doing things – investing, hiring, purchasing and generally making things happen.

This is backed up by the overwhelming interest we’ve had in Boost Business Lancashire, the county’s £7.2m business growth hub.

Boost has so far supported over 1,400 ambitious businesses offering them free and part-funded business support programmes in areas such as mentoring, leadership, innovation, strategy and funding, to name but a few.

I would urge any ambitious and growing business to see if they are eligible for free support before funding for the programme comes to an end next summer.

While there is clearly lots of ambition in the county, we must not get too carried away. Looking ahead to the next six months, there remain many challenges ahead for businesses, not least addressing the much-publicised skills gaps that can prevent them from growing.

It’s one of the reasons why, along with the Lancashire Enterprise Partnership, we developed a new support programme called Lancashire Skills Support for the Workforce which has attracted £5.6m from the European Social Fund.

(a) the tenant had failed to comply with her repairing covenant by allowing plants to grow to the rear of the property (Section 30(1)(a) LTA 1954);

(b) the tenant had persistently delayed in paying rent (Section 30(1)(b) LTA 1954); and

(c) there were substantial breaches by the tenant of her obligations under the current tenancy and other reasons connected with the tenant’s use or management of the holding (primarily a failure to allow the landlord access to the property in accordance with the terms of the lease) (Section 30(1)(c) LTA 1954).

Although ground (c) has often been seen as a somewhat ineffective

“catch all” provision, the Court of Appeal found in the landlord’s favour on ground (c). Even though the landlord had not been able to show any financial loss arising as a result of the tenant’s refusal to grant access, for the Landlord to demonstrate that his interests were prejudiced it was not necessary to prove that the breach adversely affected the rental income or the value of the reversion.

This case not only illustrates the value in the landlord keeping full records if and when the tenant breaches the terms of the lease, but also serves as a warning to the tenant that the court will now take a wider view when deciding whether or not the tenant be granted a new tenancy.

Opened in July 1878 and designed by renowned architect Thomas Mitchell, The Winter Gardens’ vision was to be an entertainment mecca that would always provide the best in entertainment. Its cast of thousands who have trodden its boards over the past century reading as a roll call in performance history, can certainly confirm that ambition has been achieved.

The Opera House, (the main theatre inside the Winter Gardens) is the largest stage in Europe and the Empress Ballroom was the largest ballroom in the world when it was first built. In addition to being a major force in entertainment, it has, during its 112 year history, also played a part in the war effort. During the Great War, the whole of the Winter Gardens premises was used by the forces stationed nearby. Early in 1918, the Admiralty requisitioned the Empress Ballroom to assemble gas envelopes for the R.33 airship.

The Winter Gardens during the Second World War was used for RAF training purposes by day and for entertainment in the evenings. Morse code was taught in the Olympia and troops marching by had to break step to avoid disrupting the lessons.

After the War, things continued very much as before and on April 13, 1955 a Royal Variety Performance, the first outside London, was given

website launch / global deal / a winter wonderland:

WINTER 2014 in:brief 3www.napthens.co.uk

www.napthens.co.uk features a responsive design which gives online visitors the information and advice they need across mobile platforms.

The site features a useful, regularly updated blog offering expert opinion and thoughts on private client issues, and videos exploring topics including protecting children’s inheritance.

The overhauled site also includes a new, stand-alone hub for the employment law and HR retainer service, HR3, with a new look and improved document management system.

This service gives clients easy, day-to-day access to guides and essential template documents,

New website unveiled

The Winter Gardens is arguably one of the most iconic buildings in Blackpool and alongside the tower, it has acted as a catalyst for putting the seaside town on the international entertainment map.

A winter wonderland

Blackpool’s iconic Winter Gardens will play a major role in the future of the town

Napthens’ new website in use

Experts in corporate, tax, employment and property law from Napthens were called on to advise as a specialist marine fluids business was sold in an international deal.

Wigan-based Niche Products Ltd supplies hydraulic and storage fluids for the global oil and gas offshore sector.

The business, along with its well-known Pelagic brand, has now been acquired by MacDermid Offshore Solutions, part of US-based Platform Speciality Products Corporation in a significant transaction.

Niche shareholders Tom McKechnie and Svein Odland, were advised on the sale by a team from Napthens led by Keith Melling, which also included Laura Crowe, Rob Dobson and Victoria Bromiley, tax specialist Stephen Betts, commercial property specialist Stephen Bell, and employment expert Stacey Carter.

Keith Melling, Head of Corporate, said: “This was a very significant transaction for Tom and Svein and we’re delighted to have helped them through this process in a relatively short timescale.”

Niche Products Ltd was founded in 2001 to supply water-based subsea fluids in compliance with environmental legislation, without compromising technical performance.

Outgoing shareholder Tom McKechnie added, “We would like to sincerely thank all customers and suppliers for a fantastic 13 years together and we wish them continued success with the Pelagic brand via MacDermid. Svein and I would also like to thank our advisers for all of their efforts in completing the transaction in an efficient and professional way.”

The outgoing Niche team have retained the production facility and staff relating to the design, manufacture and supply of environmental oils based fluids and are also assisting MacDermid with the integration of the brand until the end of 2014, ensuring a smooth transition of the business.

for HRH Queen Elizabeth and the Duke of Edinburgh. The Opera House continued to attract large audiences throughout the 1950s with the appearance of many of the biggest names in show business. The floor of the Empress Ballroom would still be crowded with dancing couples, some undeterred by notices stating “no be-bop or jive.”

As society changed so did the acts, with the Winter Gardens playing host to the biggest names in music which ranged from Cilla Black to the Stone Roses.

Changing economic and social trends continued to affect the Winter Gardens throughout the latter

decades of the 20th Century and into the new Millennium but it still continued to be a key leisure facility in the resort. An undoubted highlight for the venue in recent years was the second hosting of The Royal Variety Performance in the presence of Her Majesty Queen Elizabeth in December 2009 with a cast including Katherine Jenkins, Bette Midler, Whoopi Goldberg, Michael Buble and Peter Kay.

“The Winter Gardens remains a revered venue to artists, performers and our patrons. It has continued to buck trends and remain celebrated in today’s society despite many similar buildings built in the same era being in decline. Over one million

people visited this year, 20 per cent up on previous years and combined with our plans for 2015 will continue to rise further,” commented Michael Williams, the Winter Gardens’ managing director.

“The Winter Gardens has a rich future ahead of it and we are planning a fantastic 2015 which will see international names such as Bryan Ferry and Simple Minds, another host of west end shows and events come to Blackpool, as well as continued investment in a new eaterie and aesthetic improvements to the building.”

www.wintergardensblackpool.co.uk

Contact us:

We welcome your feedback and comments on any of the articles in this issue of in:brief. Feel free to drop us a line at [email protected] or visit our in:brief page on our website, www.napthens.co.uk

Follow us on Twitter @NapthensOnline See us on Linkedin

Global deal for Corporate teamNapthens has unveiled its new website, refreshed and updated to give clients

easier access to the information they need.

and for sharing up-to-the-minute information on HR issues.

Teresa Deeney, director of marketing at Napthens, said: “Our service is based upon relationships with our clients. With the redesign we were keen to communicate the character of Napthens and our greatest asset – our people. At the same time our new site had to be more than just a shop window, it actually had to offer clients a useful resource.

“We feel the new designs on our website and HR3 portal have simplified and improved the visitor experience. We’re looking forward to working with our web agency Door 4 on future site developments.”


special report: building a brand

Building and protecting a successful brandThe word brand comes from Old Norse “brandr” meaning “to burn,” which is what ranchers did to their cattle – burning a distinctive symbol on the animal so they could differentiate their stock from another rancher’s herd.

Since then, the science of branding has grown exponentially and a recent report published by the United Nations’ World Intellectual Property Organisation, stated that a company’s intangible assets, including its brand, can represent up to 80 percent of its corporate value.

However, many business owners overlook the power of their brand as a vehicle that is crucial to their success.

In this edition of in:brief we ask business owners, advisers and brand experts to shed light on how they’ve built, protected and maximised a brand’s commercial worth. Knowing where to start and what preparations to make is vitally important to anyone aiming to launch a successful brand.

“A brand is born from the idea that we can do something better. It’s a promise to enhance people’s lives by creating a better service or product that gives a feel good factor, something that people love and trust,” said Shaun Pearson, director and co-founder of OTE Sports a sports nutrition company which is the official partner to Belkin cycling team.

Jeremy Thompson, EMEA managing director at PR services and software provider Cision, which owns the Gorkana brand, believes brands

“...creating a successful brand means putting in place legal safeguards that will protect and preserve the investments made...”

Jeremy Thompson Richard Burhouse Robert Dobson John Daly

should they be allowed to do so with yours?”

From a legal point of view, creating a successful brand means putting in place legal safeguards that will protect and preserve the investments made in what is many businesses’ most important piece of its promotional arsenal.

Robert Dobson, Corporate partner at Napthens highlighted the need to protect a brand: “If you are a market leader, the integrity of your product is crucial so you can’t allow people to copy any aspect of it, including the packaging. Very often infringements don’t lead to litigation, but can be handled out of court.

“If you have a trademark, this gives you a solid launch pad for any legal issues. There’s no trademark

become synonymous with the services or products they deliver.

“Gorkana has established a leadership position in the UK by doing something different – our products and services are all best in class as we deliver more accurate data and more insightful analysis than any of our peers,” commented Jeremy.

“But what is truly unique about Gorkana is the community we have built our brand around connecting PRs and the media. That makes us feel like much more than just a service provider, and generates a

lot of goodwill around our name. As a result, Gorkana has become the must-have service in the UK PR market, and now we are working to establish the same reputation in the US and Germany. Service comes first, brand follows.”

Commentators are unanimous that a brand is much more than just a logo, although Jeremy emphasises that having a memorable name is of great benefit.

“In our case, when we brought three brands together, Gorkana was the obvious choice for the combined business – it resonates strongly with both PRs and journalists, our two key external stakeholders; it works internationally; it’s quirky, and it has a great story behind it,” said Jeremy.

“But it had to be built, and that was achieved through service excellence and a reputation for doing

something different in a competitive, established market. Gorkana’s reputation is synonymous with superior data quality and a human touch in a market characterised by software led database services.”

However, some businesses don’t always put a great emphasis on their brand and are tempted to take the low-cost option and design their own branding. Enlightened business owners see this as a pitfall which could prove to be a costly mistake that won’t go away.

“I’m self-taught in graphic design and know the principles, but the last thing I’d advise is a DIY solution,” said Richard Burhouse, managing director at Magic Rock Brewing. “What you end up with is a brand you think is good enough, but which absolutely isn’t. I pull my hair out when I see people trying to do it themselves.

“You should hire a good professional designer whose work you like and trust. Yes they need to understand graphic design but more importantly, they need to know what you’re aiming to communicate and how you want the brand to be positioned.”

A critical aspect in creating a powerful brand is to police its use. Clear brand guidelines should be in place so third parties using it apply it correctly and consistently. “When you make your logo available to brand partners for joint promotional activities, they sometimes mess around with the constituent parts – we’ve had the ‘drip’ removed from our logo, for example. You mustn’t let this happen,” said Richard. “People wouldn’t tinker with the Ford or Coca-Cola logo, so why


special report: building a brand

Some of the world’s best known companies have developed their brands to become valuable properties recognisable across the world

covering the whole world, so you must make sure your patchwork of trademarks in various territories gives you global protection.

“You should aim to create a brand that you can viably protect with a trademark. If you are a fruit and veg business you can’t effectively protect your trading name as Orange, but you can if you’re a telecoms business.

Managing your brand is also about ensuring you have the right contractual terms and conditions, and your staff are properly trained. This means that if there is an infringement you are best placed to deal with it properly.”

From a financial perspective, John Daly, a partner at Baker Tilly Corporate Finance, points out that

building brand equity is undoubtedly recognised in the ultimate value of a business, if that business is properly marketed and the brand proposition compellingly articulated.

He explained: “Each buyer evaluating an investment proposition will form their own view on the entire proposition including the brand equity and this will typically result in a superior EBITDA multiple compared with a similar, unbranded, equivalent business.

“Indeed, branded multiples can be startlingly in excess of market norms – that multiple is determined by buyer appetite, the number of competing buyers and perceived brand strength and prospects. Fundamentally an organisation’s brand, correctly managed and protected, is a very valuable asset

and can make a significant impact on the bottom line.”

Safeguarding the creative and financial investment that goes into building an effective brand is essential if it is to continue adding value to your business. Great care – and professional advice – should be taken in a number of legal areas designed to stop competitors using your brand illicitly.

“A trading name and logo should be protected by a trademark, while products need to be covered by registered design rules to stop others copying them, and marketing literature should include copyright notices,” added Robert.

Building a brand is increasingly becoming a strategic management discipline as savvy businesses are

placing great emphasis on its worth. Alongside the aspects you can manage such as how your brand is seen, used and consumed by consumers, it is something that is often intangible but often means so much to brand devotees.

Shaun Pearson concluded: “You need to focus on what you believe in, where you’re going and how you want to come across.

Your brand has to have a purpose and be different. It has to build a movement that people want to be part of and has to resonate with their core values by giving them something to believe in.”

Brand values:A brand is more than just a logo or a piece of design.

A brand should represent the reputation of a business and time should be spent building it.

A well-developed brand can add financial value to a business.

Therefore a brand should be given legal protection with a trademark.


ask the expert / legal update / S Dawes Weaving:

ask the expert:

The rights of minority shareholders

Q: What rights do I have as a minority shareholder if I believe the directors are not acting in the best interests of the company?

A: First of all it is important to consider the articles of the company and any shareholder agreement that is in place. Depending what they detail there are various options.

If a minority shareholder believes that their rights are being breached one option may be for the minority shareholder to bring an ‘unfair prejudice petition’ seeking a declaration from the court that the company has behaved or is continuing to behave unfairly. This petition would potentially stop the behaviour complained of, or require the company to resolve something.

Another option is for the minority shareholder to bring a derivative action in the company’s name against the directors personally. This may seek a court order that the directors compensate the company in respect of the unlawful behaviour or potentially remove a director.

A shareholder could also bring a personal claim in regard to a breach of the company’s constitution, the shareholders’ agreement or to enforce a director’s duties. Alternatively, they could look at an application to court for the winding up of the company on the grounds that ‘it is just and equitable to do so’ but this should be viewed as a measure of last resort.

None of these actions should be undertaken lightly. It’s better to avoid the dispute or have measures in place that will resolve a dispute. A shareholders’ agreement is critical; it can contain provisions to help manage relationships and include conflict resolution procedures that could avoid the expense and disruption of court proceedings.

Robert is a partner in the Litigation and Dispute Resolution Department. He advises on a range of civil, commercial and agricultural litigation disputes.


Louise Smith, associate solicitor in the Employment team, discusses the merits of having a well-trained workforce.

Employers show it pays to train


Robert Richards

Louise Smith

Established in the heartlands of the textile industry in 1902, what has become S Dawes Weaving has carved out a formidable reputation in the industry, working with clients in the apparel, furnishing and upholstery sectors.

Opening new Dawes

S Dawes Weaving has built an enviable reputation

Organisations in the UK reportedly spend over £40bn on training their workforces with around 40 per cent of spend coming from private or not-for-profit organisations. So it’s not surprising that the Employment team at Napthens has witnessed a significant trend in employers willing to invest time and money in training their people.

This is undoubtedly a very wise investment. Our team is being increasingly relied upon to deliver training sessions to anyone who has an employee reporting to them, on a wide range of issues ranging from performance management, equal opportunities, handling disciplinaries and grievances.

The managing director, Stephen Shepherd took over the company in 2005 when the previous owner decided to retire and sell the business. Since then, Stephen and his team have continued to weave for long established clients while expanding its client base by specialising in the production of high-end jacquard fabrics. The company now employs 20 people in its premises in Colne where it also manufactures high-performance fabrics for the automotive and defence sectors.

Stephen explained why the business has performed so well in what is perceived to be a declining marketplace. “The secret of our success is down to our creativity, flexibility and a rapid response. We’re trusted by leading retailers and high-end stores to design and produce exclusive fabrics because of our steadfast commitment to quality. It’s this approach that has helped us build an enviable reputation.”

S Dawes Weaving has a customer portfolio littered with high profile companies such as luxury brand Burberry, Laura Ashley, Marks and Spencer and many other high street retailers.

Stephen also pays homage to the business’ approach to investing in technology that helps it stay ahead of the competition. “Our investment pattern isn’t start and stop. We are

Training in this area is particularly pertinent where employees have progressed their career in an organisation but might not have had sufficient training in managing people and need to be upskilled in this area. In addition to making sure they are well-versed in key HR issues, we are also helping them develop their own management skills.

Leadership development programmes and general upskilling sessions are proving very popular as this helps managers to help to train other people around them, consequently helping them progress in their respective roles.

Employers are also investing more time in understanding employment law. Instead of it being seen as a burden, many employers are seeing it as a means to ensure their employees are looked after, valued and demonstrate that they are aware of their obligations as an employer.

Anecdotal evidence shows that investment in training or upskilling a workforce helps lead to the obvious general increase in knowledge, but can also help employees feel more confident in their role within the organisation, help boost morale, build goodwill and loyalty but more importantly – productivity.

constantly and heavily re-investing in the technology that ensures the quality of our products and speed of service is always improving. We serve fast moving markets and it’s imperative we innovate too. Furthermore, we enjoy working with new start-up companies and individual designers, and have had success working with young, talented and creative designers to

develop their new products.”

“Often we suggest how a new product can be developed because we are analysing consumer wants and needs. In the manufacturing industry innovation is critical – not just to help our business survive but also to give our customers a competitive edge. We’re great believers in adding value too.”

It’s an ethos that is paying dividends as the 112 year old business is expanding and has recently moved to a new 12,500 sq. ft. building in Colne which will help to increase its output of over 10 miles of high quality fabric each week.

www.sdawesweaving.co.uk


face2face / a guide to:

probateIn our latest Face2Face, Helen Lucking of the Family department meets Liz Tait, a mediator at Divorce Jigsaw to discuss how couples can look at managing the divorce process and what options are available that don’t always mean going to court.

Probate is the term commonly used to describe the process of finalising and distributing a deceased person’s estate.

If a person who has died leaves a Will, it will usually name one or more people to act as executors. If you are named as an executor of a Will you may need to apply for a Grant of Probate. This is an official document issued by the Probate Registry, to confirm the named Executors’ authority to deal with the deceased’s assets.

If the deceased didn’t make a Will, then the next of kin may need to apply to the Probate Registry for a Grant of Letters of Administration to enable them to finalise affairs. Without a Will (known as dying intestate) the process is potentially complicated and dealing with the affairs of someone who has died can be a daunting process. However, it is vital that the estate is dealt with correctly and the estate distributed in accordance with the Intestacy Law.

As part of the probate process all the assets must be valued, liabilities confirmed and discharged, any inheritance tax calculated and paid, and agreement of the tax office obtained. The deceased’s income tax affairs need to be recognised and the estate distributed.

Many people find they need expert legal advice because of complicated family arrangements, queries regarding the household contents, concerns about beneficiaries, overseas property or how the estate should be distributed.

If you need any guidance, our experienced probate team can help to clarify exactly what needs to be done. We provide a fixed cost service so you can decide what you prefer to do yourself and any help you may need on specific areas.

A guide to...FACE2FACE: Taking the sting

out of the divorce process

Liz Tait (LT): The increase of mediation was prompted by changes introduced by the Child Arrangements programme in April 2014. Mediation has been given a much greater significance and increased the profile of non-court based ways to settle disputes among those separating.

Helen Lucking (HL): That’s correct. The divorce process remains the same but the use of mediation is now a requirement before parties can apply to the court to resolve any dispute.

LT: Mediation is a powerful, flexible problem solving process. It’s based on transparency and finding a solution to whatever issue has arisen. At its core is a cost effective, interest based conversation that empowers separating and divorcing families to find bespoke, positive resolutions to their conflict without going to court to have that imposed upon them by a judge.

HL: As a family lawyer I find that court proceedings often polarise parties meaning that each party becomes entrenched in their position. This often leads to more conflict not less. Collaborative Law is an alternative way to resolve disputes between couples without

going to court. The advantage of Collaborative Law is that each party has their own trained Collaborative Lawyer to support them whilst they sit round the table with their ex-partner in an attempt to resolve their dispute. Mediation and Collaborative Law try to reduce conflicts so parties can work together in the future for the benefit of the whole family.

LT: These methods are often cheaper and quicker but infinitely kinder and, where there are children, puts them at the heart of the outcome. For these reasons, the courts encourage more widespread use of mediation.

HL: That’s right, both processes are aimed at resolving disputes much more quickly than going through court proceedings. The meetings proceed at the client’s own pace and are not dictated by a court

timetable. It’s important to point out though that a mediator’s role is quite different to a Collaborative Lawyer who can give legal advice to their client during the collaborative process, whereas a mediator usually meets the couples without their lawyers being present and doesn’t give any legal advice. However, both are there with the aim of making the process as easy as possible.

LT: Yes, and with mediation one of its facets of its success is that it is entirely voluntary - I have seen first-hand that it can be incredibly powerful.

It’s not a panacea for all problems but for separating couples who genuinely want some assistance in achieving a fair and child centred outcome and who are determined to avoid the traditional divorce process. All mediation cases are carefully and sensitively matched to the right

model of mediation, and yes there are a minority of cases which are not right for mediation.

HL: If all else fails then the court is available as a last resort to resolve disputes. At court, negotiation is still encouraged but ultimately if no agreement is reached the court imposes a decision upon both parties, which often satisfies neither.

Arbitration is another alternative to court proceedings and a means of resolving financial disputes if you’ve been unable to come to a mutual decision. This service must be undertaken by a qualified arbitration lawyer such as my colleague Simon Gledhill. Ultimately our objective as Resolution family lawyers is to find a better solution than the traditional court process.

LT: Keeping people out of court might appear at first blush to be somewhat counter intuitive to the regions’ legal professionals, but the team at Napthens has always worked on the basis that court is very rarely the solution save in the most entrenched of family conflicts. Mediation works best alongside legal advice to get to a mutually acceptable outcome.

(L to R) Helen Lucking and Liz Tait discuss alternatives to court

Charlotte Cooper

“...court is very rarely the solution save in the most entrenched of family conflicts.”


and finally:

For commercial property solicitor Stephen Bell there’s no better way to get to work than on two wheels and they belong to one of the world’s fastest production motorbikes – the Honda Blackbird.

Me and my... motorbikin’

However, Stephen is a firm believer in being careful and to help him stay safe on the road he knew it was imperative to take his Advanced Institute of Motorcycling test. “I enjoy spending time on the bike and the open road but to me it was vital that I took the advanced test to improve my riding and become a better rider. Most motorbike accidents happen when riders aren’t aware fully of others on the road. Taking the test I hope made me more prepared for the potential dangers on the road.” said Stephen.

As one of the five million motorcyclists in the UK, Stephen’s love affair with bikes started at university after his best friend had bought a bike. “I thought I had to have a motorbike not only for the cool stakes but because it was far cheaper than running a car! My first ride was a Honda Superdream which I bought from an ex-

policeman. Sounds great but was naff really – It looked the business and was very similar to the bikes you used to see on the TV programme CHiPs but was so lacking in power.”

He was soon forced to change his bike after one of his routine visits to his native Newcastle-Upon-Tyne, when his bike was stolen and later found on a dirt-track on the outskirts of the city, quite literally ridden into the ground.

“There was no way the bike was going to run again so I bought another Honda called the De-Ville (nicknamed the Dulls-Ville because it really did not get the pulse racing). Finally I plumped for the Blackbird which I’ve got to this day and I love it.”

Stephen is also no stranger to taking his passion abroad. He’s ridden across mainland Europe and has

also completed his pilgrimage to the Isle of Man to watch the TT. One of his best biking experiences though was his honeymoon in 2008 which was spent in Australia riding a BMW R1200 GS.

“I have fantastic memories of that holiday not least because it was my honeymoon but because we had a fabulous time crossing the country on the bikes and ending up on Sydney Harbour Bridge on Christmas day. My wife and I loved it and one of our ambitions now is to tour across Europe to Italy with our two daughters riding pillion.”

Wills team recognised for quality

Napthens featured in ‘industry bibles’Napthens has received positive mentions in the two leading law guides recently, the Legal 500 and Chambers guides.

Legal 500 analyses law firms from across the world, based on feedback from clients. In the latest UK version, the Corporate and Commercial, Licensing, Commercial Litigation, Rural, Commercial Property and Intellectual Property teams have been highlighted as among the region’s best.

Furthermore, the firm is listed as a ‘tier 1’ law firm – the top ranking – for the advice offered by its Corporate and Commercial, Commercial Litigation and Commercial Property teams.

Napthens’ Wills & Estate Planning team has been welcomed onto a major national quality scheme.

The department has been successfully accredited to the Wills & Inheritance Quality Scheme, which sets high standards for law firms.

Operated by the Law Society, the national professional body for

Stephen Bell

Meanwhile, Head of Corporate Keith Melling has been highlighted by the Chambers guide as a leading individual.

The 2015 Chambers directory, which covers 185 jurisdictions across the world and ranks lawyers and law firms based on independent research, has ranked Keith for his work.

He was singled out as a strong choice for corporate and commercial advice in the Preston and Lancashire area, with clients praising his ‘dedication and can-do attitude.’

www.napthens.co.ukNapthens LLP, registered office: 7 Winckley Square, Preston, Lancashire PR1 3JD.

Napthens® is a registered trade mark of Napthens LLP.

Napthens LLP is a limited liability partnership registered in England and Wales: OC325775. The term “Partner” indicates a member of Napthens LLP who is not in partnership for the purpose of the Partnership Act 1890. A list of members is available from our registered office.If you do not wish to receive future copies of in:brief, or wish to receive it by email, please contact [email protected] or 01772 904 397.

Preston:

7 Winckley Square,

Preston,

PR1 3JD

DX 714572 Preston 14

Tel: 01772 888 444

Fax: 01772 257 805

Email: [email protected]

Blackburn:

Greenbank Court, Challenge Way

Greenbank Business Park

Blackburn, Lancashire BB1 5QB

DX 745450 Blackburn 12

Tel: 01254 667 733

Fax: 01254 681 166


Blackpool:

Libra House, Cropper Close,

Whitehills Business Park,

Blackpool, FY4 5PU

DX 745260 Blackpool 20

Tel: 01253 622 305

Fax: 01253 295 591


Penrith:

Ground Floor Offices

Agriculture House, Cromwell Road

Penrith, Cumbria, CA11 7JW

Tel: 01768 807040

Fax: 01768 758775

E-mail: [email protected]

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Welcome to new staff

A number of new staff have joined Napthens in the past few months.

Warwick Alabaster has joined the Dispute Resolution and Litigation Department and brings with him more than a decade’s experience in advising on property and agricultural litigation matters.

During the summer, the Corporate team expanded with the appointment of solicitor Laura Crowe, and the Employment team announced solicitor Emma Newbould, previously with Forbes, as its latest recruit to the East Lancs office.

solicitors, the scheme highlights firms that ‘follow best practice procedures to meet the highest standards of technical expertise and client service.’

Before being given the quality mark, law firms must demonstrate they are complying with the necessary standards and protocols.

Kathryn Harwood, partner and Head of Napthens’ Wills & Estate Planning team, said: “Acceptance onto the Wills & Inheritance Quality Scheme is an indication that Napthens is committed to offering clients the best possible service, but also to remaining at the forefront of this fast-moving area of the law.

“The scheme sets tough standards for law firms to adhere to, and the whole team should be proud that their work has been recognised.”

Elsewhere, four trainees have joined the firm: Chris King, Shamin Khan, Charlotte Thornley and Stephanie Marshall will spend time working across a range of services to gain experience.

Meanwhile, the residential property team has grown with a number of new recruits including Anna Nuttall, Diane Mellars and Carrie Ball.

Finally, Napthens has expanded its HR team with the appointment of Laura Holland and Nicola Whittle who join director of HR, Kay Jackson-Leigh in supporting Napthens’ 220 partners and staff.

Oliver McCann welcomes Emma Newbould

Documents

in:brief: Issue 14 – Winter 2014