LCF In The Media August / September 2022

IN THE MEDIA

FIRM WIDE

Family

Awards sponsorship

Planting trees with the Yorkshire Dales Millennium Trust

ILKLEY law firm, LCF Law, is helping to address the climate and biodiversity crises, whilst supporting the creation of new woodlands for everyone to enjoy, through a new partnership with the Yorkshire Dales Millennium Trust.

The firm’s significant donation to the charity, will support the planting of 1,000 trees over the next two years. By supporting the Yorkshire Dales Millennium Trust, LCF Law will be making make a significant difference to the people, landscapes, and wildlife of the Yorkshire Dales.

Simon Stell, managing partner at LCF Law, said: “We are hugely committed to working sustainably and offsetting our carbon footprint and we also want to leave a long-term legacy. According to the Climate Change Committee, in order to achieve net zero emissions by 2050, tree cover must rise to 19% of the UK – it’s currently at 13%. The Woodland Trust says we would need about 1.5bn more trees, which is a staggering number! Sometimes these figures and the issue of climate change can seam insurmountable, but if everyone does a small amount to help, positive change really is possible.

“In addition to the tree planting, we are keen for our team of 125, who are based in Bradford, Leeds, Harrogate and Ilkley to have the chance to get to know more about the vital work of the Yorkshire Dales Millennium Trust. This partnership will enable us to not only to plant a large number of trees, but also volunteer at the Trust too.”

Development officer at the Yorkshire Dales Millennium Trust, Richard Hore, said: “We are really lucky to have the backing of a business like LCF Law and enjoyed welcoming their team to their first volunteering day as part of our summer maintenance work. There is a real groundswell to help nature recover, and engaging local people and businesses is vital as we move forward in this climate crisis.”

In 2021 Yorkshire Dales Millennium Trust planted 31,851 trees and more than 5,500 people benefitted from its projects, with £160k given to local organisations and partnerships that make a real difference to their communities. The Trust also continues to make significant inroads into reversing the decline of the most precious hay meadows and has restored 40 hectares of meadow in the Forest of Bowland. Across the Dales it has also helped groups create 23 wildlife patches, gardens and ponds.

Countdown to Bradford Manufacturing Weeks begins

Hundreds of students are gearing up to take part in the fifth Bradford Manufacturing Weeks careers initiative.

Pupils from 40 schools and more than 30 local employers are coming together to share experiences of a career in Bradford’s manufacturing sector, including pupils of Oastlers School in Bradford and Keighley who are working with Cleckheaton-based cosmetic and personal care manufacturer Orean.

Based on West 26 Industrial Estate in Cleckheaton and employer of a 238-strong local workforce, Orean creates skin and hair products for national and international beauty brands, specialising in first-to-market innovation, manufacture, filling, distribution and export.

“Roles here include marketing, accounting, logistics, chemistry and of course hands on manufacturing,” said Orean’s Company Social and Responsibility Officer Katy Trewartha.

“Our success has been built on the rich history of manufacturing in Yorkshire and a huge part of that is due to our local workforce, a growing number of which are school leavers and apprentices.

“Bradford Manufacturing Weeks is a fantastic way for us to meet the next generation of business leaders and ensure today’s students understand the range of fulfilling careers right here on their doorstep.”

Led by West & North Yorkshire Chamber of Commerce, Bradford Manufacturing Weeks (October 3 to 14) introduces students to a career in manufacturing through work placements, manufacturer tours, work experience and skills events to support students with Special Educational Needs and Disabilities (SEND).

Robert Fairbairn, Head of Centre at Oastlers’ Keighley site, said: “Thanks to Bradford Manufacturing Weeks we now have connections with a range of manufacturers across the district. We’re also entering the Bradford Manufacturing Weeks 2022 competition which asks schools to focus on creating something in line with the UN’s sustainability goals. We’re hoping our students’ entry will be so good, it’ll end up in permanent residence at Orean’s factory in Cleckheaton!”

The West and North Yorkshire Chamber’s Bradford Manufacturing Weeks initiative is delivered in partnership with Bradford-based school and career specialists The Opportunity Centre and is sponsored by Bradford Council, E3 Recruitment, the University of Bradford, Leeds City Region Enterprise Partnership, Naylor Wintersgill and LCF Law.

New for 2022 are specialist manufacturing site visits and events for pupils with special educational needs, alongside University of Bradford faculty tours and the popular “Women in Manufacturing” Q&A event and a mix of virtual and in person “Meet the Manufacturer” and “Meet the Apprentice” panel events. A Dragon’s Den-style competition themed “Tech for Good” is also aimed at encouraging students to solve a problem based around the UN’s Sustainable Development Goals.

Orean’s Katy Trewartha added: “Manufacturing in Yorkshire has a bright future and the talented students in our local schools add a real spark to our business. We’re supporting the Oastler learners with their “Tech for Good” competition entry and looking forward to welcoming students from Buttershaw Business and Enterprise College who are touring our factory and taking part in sensory product analysis workshops during the October fortnight.

“We are so grateful to Bradford Manufacturing Weeks for providing additional opportunities to introduce students to our business and helping us secure our future pipeline of talent.”

The Bradford Manufacturing Weeks “Tech for Good” competition is open to students in the Years 7-9, 10-13 and SEND categories.

Deadline for entries is Friday October 14 and presentations to the judging “Dragons” will be held on November 17.

ALSO APPEARED IN

• Business Up North

Bradford Zone

Bradford T&A

Business Link

Keighley News

Bradford Means Business

READ ARTICLE ONLINE

CORPORATE, COMMERCIAL & EMPLOYMENT

JCT 600 corporate deal

Yorkshire-based family business JCT600 has completed the acquisition of Volkswagen Van Centre West Yorkshire Ltd, a well-established operation with dealerships in Cleckheaton and Leeds, which will complement the group’s existing Volkswagen van retail outlets in York, Hull and Sheffield, along with its van servicing centre in Leeds.

The deal, for an undisclosed sum, will see Bradford-headquartered JCT600 acquiring the business from founder Andrew Caygill. With its head office in Cleckheaton, Volkswagen Van Centre West Yorkshire was established in 1979 and has grown to a 50-strong team who will all join the JCT600 family. The business will continue to trade under its existing name.

JCT600 chief executive John Tordoff commented: “Volkswagen Van Centre West Yorkshire is a well-known regional business with a strong reputation and a loyal customer following. The addition of the Cleckheaton and Leeds dealerships is a great fit for us, strengthening our retail van operations in West Yorkshire and giving us coverage across the entire region.

“It will very much be business as usual - having acquired such reputable dealerships, we plan for them to continue to operate as they do now. We appreciate that the success of the business is largely down to its people, many of whom have worked there for many years, and customers will continue to receive the same personal service they are used to and will also benefit from a greater choice of stock.”

Founder of Volkswagen Van Centre West Yorkshire Andrew Caygill adds: “Having built up the business over the last 43 years, I think we should all be very proud of what we have achieved.

“I’d like to reassure our loyal team and customers that they will be in very safe hands as part of the JCT600 group which shares our commitment to providing outstanding customer service and looking after colleagues – and thank you to everyone who has played a role in helping us create such a successful business.”

As part of the franchise agreement, JCT600 will be able to sell the popular Volkswagen Caravelle seven-seater people mover and also the Volkswagen California camper van at its new Cleckheaton and Leeds dealerships as well as at those in York, Hull and Sheffield.

JCT was advised by James Fawcett Gordons LLP and Caygill Holding by Susan Clark LCF LLP. JCT600 has grown from a single dealership into the largest privately owned business in Yorkshire. With 50 dealerships from Yorkshire and the North East to Derbyshire, Lincolnshire and Nottinghamshire, the group represents 25 of the world’s leading car marques and has a team of 2,300 colleagues.

ALSO APPEARED IN

• AM online

• Business Up North

• Bradford Zone

• Yorkshire Business Insider

• Yorkshire Business Daily

READ ARTICLE ONLINE

National

for

National

Day off for Queen’s funeral

A Harrogate solicitor has said there is “no legal requirement” for employees to be given a day off for the funeral of Queen Elizabeth II.

The government has announced that Monday’s state funeral will be a national bank holiday.

Consequently, many businesses plan to close and give staff the day off. But there is confusion over whether they are legally obliged to do so.

James Austin, from Harrogate-based LCF Law, today clarified the situation.

Mr Austin, who specialises in employment law, said although it was likely many employees would be given time off, it was not a legal requirement for all employers.

He said:

“For example, employees may be eligible if their contract of employment states that they are entitled to say ‘20 days holiday plus bank holidays’. However, if the contract refers to the employee only being entitled to ‘the usual bank holidays,’ this wouldn’t apply.

“In addition, they might not get the day off if, for example, the contract refers to 28 days’ holiday including ‘bank holidays,’ which could mean an employer simply deducts a day’s holiday from the non-bank holiday entitlement.”

Mr Austin added:

“However, this is a unique national moment so we suspect the majority of employers will give staff the time off, which is what we saw with the Jubilee.

“Where employees are entitled to the day off, but the employer wants them to work, the contract will usually state whether the employer can require this and, if so, whether the employee is entitled to extra pay or time off in lieu.”

LCF Law employs more than 125 people at offices in Harrogate, Leeds, Bradford and Ilkley.

Court ruling is a warning to businesses to consider contracts carefully

Yorkshire law firm, LCF Law is advising businesses to carefully consider their terms and conditions (T&Cs) following the outcome of a recent court case.

Commercial disputes solicitor, Andrew Donaldson, from LCF Law, said: “English law gives consumers substantial protection against companies trying to sneak oppressive or onerous terms into contracts, but the same does not apply when it comes to business-to-business contracts. This is because companies are expected to exercise reasonable business sense when binding themselves to an agreement.

“However, as the recent case between Blu-Sky Solutions Ltd and Be Caring shows,when an onerous condition is buried in the T&Cs and not brought to the explicit attention of the other party, it can’t always be upheld.

“The case therefore provides an interesting insight into the Court’s approach to effective incorporation of terms into an agreement. Here a business customer found themselves subject to the standard T&Cs of a supplier, and these terms contained a clause requiring them to pay an early cancellation fee. The terms were incorporated by reference, meaning the customer was told that the terms applied when they signed up and only accessible via a link should they wish to see them.”

The High Court found that the supplier’s T&Cs were not “user friendly” and that the clause related to early cancellation fees was “cunningly concealed in the middle of a dense thicket none but the most dedicated could have been expected to discover and extricate”.

Andrew added: “It is important to note in this case that the Court found the clause would have allowed for the supplier to claim for an administrative charge, which was not an accurate reflection of their losses. It therefore amounted to a penalty, was unreasonable and could not be enforced. As a result, while the T&Cs governed the parties’ agreement, the customer was not bound by the onerous clause concerning the cancellation fee.

“This decision means if a harsh term has been concealed in the body of the standard T&Cs, there’s a possibility that it may not be enforceable under English law. Therefore, any business where standard T&Cs govern a lot of contracts should carefully consider how they are presented, or else certain conditions could be invalid.

“This often means explicitly highlighting strict clauses because, as this case proves, incorporation of standard T&Cs and onerous terms is a tricky area of law! Each circumstance should be considered individually, and legal advice should be sought before assuming anything about the terms of the contract.”

For advice on contract disputes, contact Andrew Donaldson on 0113 238 4044 or email adonaldson@lcf.co.uk and for advice on drafting terms and conditions, contact James Sarjantson on 0113 201 0401 or email jsarjantson@lcf.co.uk

LCF Law specialises in making complex law simple. Visit www.lcf.co.uk for more details.

ALSO APPEARED IN

• Yorkshire Business Daily

• Gazette & Observer

• Wharfedale & Airedale Observer (print & online)

• Lancashire Times

• North East Post

• Yorkshire Times

• Cumbria Times

• Bradford Zone

FAMILY LAW

Getting divorced? Here’s the financial advice you need

IT is surprisingly common for separating couples not to seek advice from a solicitor on the terms and detail of a financial agreement on divorce, because they have reached a financial settlement between themselves.

This can be costly in more ways than one.

Years down the line, one can find that issues you thought were resolved and concluded were not, according to law.

It is beneficial to everyone, both emotionally and financially, if an agreement can be reached and we always encourage this where possible.

But it is vital to confirm the terms of the agreement in a financial consent order approved by the court, which makes it legally binding and prevents a party from pursuing financial claims in the future.

In one scenario, a husband on separation reached an agreement as to the division of their finances with his wife.

He continued to work and pay into his pension over the coming years.

On the cusp of retiring, he received a letter from his now ex-wife’s solicitors explaining that she sought a share of his pension and if he touched his pension, they would apply to have it frozen.

He suddenly faced the possibility of his retirement pot being subject to a claim and potentially less for him than he had hoped.

A divorce ends the marriage only. It does not dismiss all the financial claims that a spouse or civil partner can make in respect of property, assets, income, and pensions.

Such claims remain open, even years after the divorce, unless formally dismissed by a court.

Whether such claims are successful depends on the individuals’ circumstances. It will involve the parties trying to recall what the financial position was at the time of separation and what the terms of their agreement were, as well as the stress and expense of resolving the matter.

A court won’t necessarily uphold a previous agreement because the court assesses the case at the time the claim is made. Even if the agreement reached appeared fair at the time, circumstances and the law might have changed since then.

The court will consider the financial history and terms of agreement reached.

If one party alleges non-disclosure; claims it was unfair; does not meet their needs; their needs have now changed, or they did not seek advice, there is a real possibility that further provision will be made.

Many people are unaware of the extent of potential financial claims, particularly surrounding pension provisions, which can be overlooked when parties agree financial settlements between themselves.

It is essential to take professional legal advice and record the terms of the financial settlement in a consent order.

Once approved by the court, it becomes legally binding, including formally dismissing any further claims.

l Harjit Rait is a partner in LCF Law’s family law team and a Resolution Accredited Specialist Family Lawyer, specialising in complex financial remedies as well as the law surrounding children.

Contact Harjit on (01274) 386 598 or hrait@lcf.co.uk

LCF Law is an award-winning full-service law firm, which operates regionally, nationally, and internationally.

The company operates with more than 125 people and 25 partners across offices in Bradford, Ilkley, Leeds and Harrogate.

For more information go to www.lcf.co.uk

Law Report – what if I’m unable to run my business due to illness with Haroon

In our role as professional advisers a lot of what we do involves asking ‘what if?’ To the business owner/manager that often brings to mind the question ‘what if I’m unable to run my business due to illness?’.

The only way for a business to keep running smoothly when an owner becomes ill and or loses capacity, is to put a Power of Attorney in place in advance of that possibility.

Just like insurance against a disaster – we hope it never happens but if it does, we are covered.

A Power of Attorney is a legal document that allows someone, while they still have full mental capacity, to nominate a trusted person to make financial decisions on their behalf in case they lose capacity.

A Power of Attorney is the only way to choose who will deal with your business affairs if you are unable to do so. That person needs to have the skills, experience, and knowledge to keep the business going if they are unable to make day-to-day decisions, so it’s essential this is thought through and planned for.

We have had first-hand experience where clients who have been sole directors and principal shareholders of businesses did not have a Power of Attorney in place and unfortunately, the companies had to fold, as it was impossible for those left in the business to pay staff, pay rent, and pay suppliers.

In addition to putting a Power of Attorney in place, there are other simple steps that they should take to avoid business disruption if the business owner were to suddenly become ill, for example:

* Review the bank mandate and ensure that there is more than one signature.

* Ensure that online banking details are available to someone else.

For further information, email Haroon Qayum at haroon.qayum@lcf. co.uk or ring 01423 502 211.

LCF Law’s team can be contacted via telephone, Teams and WhatsApp, or visit www.lcf.co.uk

REAL ESTATE

New head of real estate at LCF Law