Lodders Life - Issue 2

life

Lodders

ISSUE 2

SHARING OUR NEWS, VIEWS & EVENTS AROUND OUR COUNTIES & BEYOND

Beating the fraudsters How to help elderly relatives stay safe

Oliver James Foods Culinary perfection in the heart of Warwickshire

Family business focus Lifting the bonnet on the 106-year old Johnsons Coaches s o l i c i t o rs

life

Lodders

Welcome Editor: Hilary Campton hilary.campton@lodders.co.uk Enquiries: Hollie Coyne hollie.coyne@lodders.co.uk Editorial: Diane Wood, DWPR Hilary Campton, Lodders Solicitors Hollie Coyne, Lodders Solicitors Photography: Dave Tully www.davetully.co.uk John Hipkiss Photography Ltd John James www.johnjames-photography.com Lodders Solicitors LLP - our offices Stratford upon Avon Number Ten Elm Court, Arden Street, Stratford upon Avon, Warwickshire CV37 6PA T: 01789 293259 Henley in Arden 16 High Street, Henley in Arden, Warwickshire B95 5BW T: 01564 792261 Cheltenham 25 Imperial Square, Cheltenham, Gloucestershire GL50 1QZ T: 01242 228370

A very warm welcome to the second issue of Lodders Life - our magazine for clients, friends and professional contacts.

Over the next 36 pages we bring you a blend of practical legal updates and profile some fascinating local businesses, including family-owned and run Johnsons Coaches, currently in its 106th year of business and celebrating the recent acquisition of Whittles. We also talked to the management team at Oliver James Foods and found out how entrepreneurialism and a commitment to quality and taste are driving this award-winning business.

It’s very rewarding to see clients thrive and prosper and there does seem to be a genuine sense of optimism, something that is very much felt within the Lodders offices, indeed we have grown substantially over the past year, thanks to careful planning, hard work and many loyal clients.

As a growing law firm, one of our challenges lies in finding good people; people who are not only legally and technically very strong but who are also able to work with clients in the supportive and highly personal style for which Lodders is known. Fortunately we have found some real stars over recent months – you can read more about these new arrivals later in the magazine. And, with several more new hires in the pipeline, I am confident that we are meeting this people challenge head-on.

www.lodders.co.uk @LoddersLawyers

You’ll also find features on how to protect your vulnerable relatives from being targeted by fraudsters; advice for homeowners on the increasingly prevalent Japanese Knotweed and an introduction to our new charity law and equine law teams.

Lodders Life is produced for Lodders by Reach Marketing www.reachmarketing.co.uk

I hope you find it an interesting read and if there are topics you would like us to cover in future issues, or a business you would like us to profile (including perhaps your own), please do contact a member of the editorial team.

All opinions, views and editorial pieces are for entertainment purposes only and do not constitute legal advice.

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Martin Green, Senior Partner

ISSUE 2

Contents 08

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Features 04 Family business focus Lifting the bonnet on Johnsons Coaches

Cover image: Roy and Joan Johnson, 2nd generation owners pictured in 1955 on a furniture removal to Weston-Super-Mare!

08 Oliver James Foods A 25-year passion for good food

12 Purity Brewing Company Rural diversity that’s brewing in Warwickshire

14 Real estate update Could the private rental sector solve the UK’s housing shortfall?

16 Japanese Knotweed ASBOs for homeowners who fail to remove it

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17 Pensions

22 Charity law

Keeping it in the family

18 Care and capacity Driving with dementia – a difficult conversation

20 Equine law Top tips for buying or selling a horse

24 Cheltenham update Toasting a successful move into Cheltenham

35 Lodders Life reader competition Win a Fujifilm Instax Mini Polaroid Camera

Regulars Suffolk Sheep Society selects Lodders’ legal eagles

26 Spotlight on George Campion, Lodders’ chairman

28 People news

New recruits strengthen the teams in Stratford and Cheltenham

30 Legal updates Bite-sized legal updates from across the firm

32 Social pages 34 Dates for the diary

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Time, well invested, yields lasting rewards Invest some time with Lodders. We understand that your plans, like the landscape, will mature across the generations. With many years’ experience protecting family-owned businesses and their vital assets, you can trust Lodders to help with your succession planning.

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Family business focus

All in the planning E

nsuring the smooth handover of the family business takes careful planning, especially when it comes to minimising exposure to inheritance tax and capital gains tax, says Lodders’ Eamonn Daly.

Eamonn holds the Society of Trust and Estate Practitioners’ (STEP) Advanced Certificate in Family Business Advising and has the skills to guide family business clients through the succession planning process.

He explains: “The UK has some of the highest tax rates in Europe, especially when a family business is passed onto the next generation by inheritance or lifetime transfers.

“Reliefs are absolutely crucial for ensuring smooth handovers from one generation to the next. It’s a bit of a minefield and can be pretty complicated, with various exceptions and different rates of relief.

It’s important to prioritise organising the structure of the business and ownership of the assets used in it, to maximise the savings available.

“To preserve the wealth in your family business for both current and future generations, it makes sense to both plan early and to invest in some decent advice.”

Contact Eamonn Daly on 01789 206142 or at eamonn.daly@lodders.co.uk

Lodders’ team effort steers Johnsons to a speedy acquisition A

team from Lodders’ corporate department worked with Johnson Coach & Bus Travel to complete its acquisition of the coaching division of a historic bus company in just over three weeks from start to finish.

The deal was sealed at midnight on Sunday 11 January 2015, with Lodders’ corporate partner Mark Lewis on hand to complete the acquisition of Kidderminster’s Whittle Coach & Bus, which included a fleet of nine coaches, the lease of the Whittles Kidderminster depot and the transfer across of 16 Whittles staff.

Commenting on the deal, Lodders’ Victor Matts said: “Johnsons Coach Travel is an important local family business and this acquisition expands its geographical reach, increases its fleet and places it in a very good position to build on its future success in coach travel brand across Warwickshire and Worcestershire.”

Johnsons acquired the historic Whittles brand from Yorkshire based EYMS Group, which had owned the company for over 10 years.

Peter Johnson, Director of Johnsons commented: “Established for over 86 years in 2015, the Whittles name has long stood for top quality coach travel with friendly service and we are determined for this to continue, under the new ownership of Johnsons Coach Travel.

The company will continue to operate Whittles from the Kidderminster site at Foley Park and the branding of the company will not change.

Lodders’ Steven Baker handled the property aspects with the corporate team of Victor Matts, Mark Lewis and Krishna Gokani taking care of the transaction and the TUPE transfer of the staff.

We’ve worked with Lodders for a number of years and they pulled out all the stops to ensure we could complete the acquisition within a very short timeframe.

Peter Johnson Director Issue 2

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Family business focus

Above: John, Richard, Joan, Sarah and Peter Johnson

A family business that’s still going places Jack and Blanch Johnson founded Johnsons Coaches in1909 when they bought the local carrier business, comprising a cart and two horses.

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06 years later and the fourth generation family business still has family at its heart, with three generations working in the business today.

Brothers John (Commercial Director) and Pete (Operations Director) run the business, supported by a team of 240 staff across full and part time drivers, mechanics, cleaners, couriers and office staff. The workforce includes three of their children - Sarah, Richard and Emma - working at Johnsons, whilst their mother Joan is still involved.

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John and Peter Johnson joined the company in 1979 when the company was operating four coaches, one removal lorry and two taxis. In 1986 they chose to cease all goods transportation in order to concentrate on coach hire and allow them to develop their new coach holiday and day excursion programmes.

In 1987, the purchase of land for a new yard at Liveridge Hill near Henley in Arden provided space for 12 metre luxury touring coaches that have been the fleet’s main

Our company motto is ‘Travel with Johnsons, Travel with Friends’ and we apply this to everything we do for our clients and our staff.

John Johnson

Top left: Peter, Joan, Roy and John Johnson Top right: The first generation’s first new coach – Jack Johnson took delivery of this Garner ‘bus-van’ in 1926; pictured here on Henley High Street.

Bottom right: A Bedford 29 seater coach used in the late 1930’s

stay ever since. The blue, yellow and white livery was introduced in 1999, along with the head office at Liveridge Hill, and the bus fleet was launched in 2000.

Although the business has grown, it still remains very much a family business.

Today, Johnsons is regarded as a premier specialist coach business, offering holidays and day excursions, group tours, private coach hire and local bus services.

Johnsons currently has a fleet of more than 100 vehicles including coaches, buses, mini buses and cars, and last year carried 14,500 passengers on 358 day excursions, ran 329 holidays with 8,500 passengers, and fulfilled in the region of 6,600 coach hire bookings.

John and Pete have played a pivotal role in growing the family business from a small company to a successful enterprise that has won several titles in numerous industry Awards and provided coaches for prestigious events including the Olympics 2012.

‘Over the years we’ve built up an impressive fleet and a remarkable reputation, all without compromising on the friendly family atmosphere.”

Visit: www.johnsonscoaches.co.uk

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CASE STUDY

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for

love food

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A passion for food and bringing the very best cuisine, ingredients and dishes to the table has driven the co-founders of Oliver James Foods throughout their 25-years in business. The privatelyowned business, with a turnover today of over £16million, has grown through ambition, acquiring and buying and selling food producing businesses, supported by Lodders’ advice along the way.

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liver James Foods was co-founded by Martyn Thomas and Kevin Morel. They first met when working together for Albert Roux, the globally renowned Michelinstarred chef, who had embraced a pioneering technique, Sous Vide – slow cooking in airtight plastic bags - that today is commonplace in commercial, volume fresh food preparation for the restaurant and hospitality sectors.

Inspired by the potential for Sous Vide to meet the needs of the mid-market restaurant sector, Martyn and Kevin started their own business, and began their journey of entrepreneurship. The business began in Kevin’s garden shed, then quickly moved to a unit in London’s Covent Garden where it rapidly rose in popularity amongst many of the capital’s wine bars, restaurants and hotels.

As interest and order books grew, Martyn and Kevin felt the time was right to expand but considered that London was not the easiest location to grow the business and production facilities.

After researching the most suitable next step, Martyn and Kevin learned of a food producing business for sale in Redditch, bought the assets, and moved lock, stock and barrel to the Midlands, specifically choosing Stratford upon Avon as their homes, and the town’s law firm Lodders as legal advisers to the business.

The Redditch company was called Thomas Morel Foods, manufacturing high quality fresh dishes for numerous hotels and restaurants across the UK. The business was sold in 1998 to Best Foods, owners of many famous brands including Hellmanns Mayonnaise.

Subsequently, Best Foods became part of Unilever.

The business partners were retained by Unilever and continued to work in the business for a further 18 months, before buying it back and renaming it after their first-born sons, Oliver and James, and have since continued to build the business trading as Oliver James Foods.

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CASE STUDY

Soon after, the business bought a dessert-producing company, which it subsequently sold, again with Lodders’ advice.

Fast-forward to the present day, and Kevin and Martyn are joint Managing Directors at the helm of a £multi-million turnover business. The Group owns two food manufacturing businesses, Oliver James Foods based in Redditch, and Proper Pies Limited, which is one of the UK’s marketleading producers of pastry products, baked goods and other wholesome foods. As well as restaurants, hotels, pub groups, supermarkets and travel companies, Proper Pies lists some of the country’s major sporting and large event venues including Wembley Stadium, amongst its clientele. All items are manufactured at its dedicated facility in Southam, Warwickshire.

In addition, the Group owns and operates a number of pubs and restaurants including The Swan at Coombe Hill near Cheltenham, Flynns Bar & Brasserie of Cheltenham, café restaurant Quicklys in Stratford’s Henley Street, and Edward Moons Brasserie on Chapel Street, Stratford.

Martyn Thomas explains their mission for consistent, high quality food is as important today as it was when he and Kevin launched their first business in the 1990s: “We are committed to producing safe, high quality food that reflects the personalities and skills of the chefs involved. We want our food to be inspirational, unique,

tasty, flavoursome and to ensure consistency whether it is eaten in Land’s End or John O’Groats. It’s real food that reflects what people would cook at home or in a restaurant.

“Our production combines traditional chef skills with modern science and technology, but with absolutely zero compromise on quality or taste. Our kitchens look much like those you’d find in a high quality hotel, and we use fresh ingredients and source local, sustainable and traceable meat and produce as much as possible.

“We work closely with each of our customers to deliver the highest quality product, with provenance and within budgets.”

The team, which at peak times of the hospitality season has in the region of 120 full-time chefs and staff, works closely with local farms and many organic and premium end producers.

On a typical day, we produce in the region of 30,000 portions of food, which is subject to stringent timings to ensure they reach central distribution hubs for our clients. Our location in the heart of the Midlands and close to motorways is a huge advantage.

This commitment to quality and taste has been recognised by many of the UK’s flagship industry awards, with accolades for innovation, taste and service. Proper Pies picked up no less than fifteen awards in the 2014 British Pie Awards, and Oliver James Foods scooped six product awards in the 2013 BPEX Foodservice Pork Product of the Year for a number of its ready-to-eat meat dishes, and its Food Service was recognised in the 2014 EBLEX Awards being awarded the title of England’s Best Burger.

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Oliver James Foods

“We are particularly proud of all the awards, as well as our staff retention. Lodders has worked with the business to successfully support all our business aspirations, as well as the related HR requirements.”

For a growing business, operating in one of the UK’s toughest, and most stringently regulated manufacturing sectors, Lodders’ consistent and responsive legal expertise has proved a great asset, as Martyn explains: “We’ve worked with the team at Lodders since 1995, and Rod Bird has been our main contact but has facilitated access to the firm’s other experts as and when the business has required. Whether this be employment and HR advice, guidance on rights of way at pubs, commercial property purchase advice, and guidance on due diligence on each of the businesses’ purchases and sales, the firm’s advice has been thorough, and accurate”.

Lodders works with us with an ‘open ear’, listening to our ideas and suggestions as to how they can support our growing and evolving business.

We are entrepreneurs and it is important we work with professionals who understand that and who also have entrepreneurial flair and spirit.

Bottom left: Kevin Morel and Martyn Thomas, founders of Oliver James Foods Top right: Lamb in a mint glaze, part of Oliver James Foods’ sous vide range.

Visit: www.oliverjamesfoods.com

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CASE STUDY

Above: Alastair Frew

Rural diversity that’s brewing in Warwickshire

Award-winning independent brewery Purity Brewing Company is based on a working farm in the heart of the picturesque Warwickshire countryside.

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ounded in 2005 by Jim Minkin and Paul Halsey, Purity brews six craft beers and produces brands including Pure Gold, Pure UBU and Mad Goose for nearly 500 pubs in a 70-mile radius from Stafford to London and Cheltenham to Nottingham.

Purity’s bottled beers are sold by supermarkets Waitrose, Tesco, Sainsbury’s, Asda and Midlands Co-op, along with many independents.

Purity Brewing Company When Purity began life, its mission was simple: to brew great beer without prejudice, with a conscience and with a consistency and an attention to detail, which is second to none.

This commitment rings as true today as it did when Purity began, and it now has a range of beers that pushes the boundaries without compromising on quality.

“We are proud of our range of beers,” says Paul Halsey, Purity Managing Director.

“We are now in a truly exciting time for the brewery.

We are opening up new markets in London and Bristol and will continue building upon our already thriving local relationships with customers. We are in for a great year and with the further embedding of new products Lawless Lager and Longhorn IPA into the range, things are looking very positive.”

With its brewing range including award winning cask beers Pure UBU (4.5%), Mad Goose (4.2%), Pure Gold (3.8% or 4.3%) and Saddle Black (seasonal 5.1%), and keg beers Longhorn IPA (5%) and Lawless Lager (4.5%), Purity is committed to brewing beer with a conscience.

Furthermore, its country location means it can naturally process the thousands of gallons of water it needs every day to produce its beers. “Our brewery practices are designed to be environmentally friendly, and in the case of our wetland system, also environmentally enriching,” explains Paul.

Lodders’ partner Alastair Frew has worked with Warwickshire farmer Granville Stevens, landlord to the Purity operation at Great Alne, advising him on supporting Purity’s growth and expanding property and production needs.

In late 2013, the craft brewery realised its major expansion plans that had been in development since 2008, and has increased production capacity in-line with soaring demand for its craft beers.

The brewery transformed a series of old barns into working properties, including a near £1.5 million brewhouse, that was officially opened by Keith Bott, chairman of the Society of Independent Brewers, and an old brewing building developed to create 2,000 sq ft of shops, offices and a meeting room.

The relationship is an excellent example of rural diversity. It is quite unusual to see a landlord and tenant work so closely together, a partnership that in the case of Purity has resulted in the development of a top class specialist facility.

Alastair Frew

Amongst its impressive clutch of awards, Purity has a Warwickshire CAMRA Bitter Gold Medal for its Pure Gold beer, and a Silver Medal for its Mad Goose beer, and its Pure UBU has been recognised in the industry-leading Taste Awards Top 50 Foods Awards.

Paul Halsey adds: “We’ve experienced incredible growth and success despite it being a very competitive market.”

The newest brewhouse allows Purity to produce up to 140,000 pints of beer every week.

Purity now occupies around 20,000 sq ft of premises at Granville’s farm.

Lodders’ Alastair Frew has looked after the property legals and planning matters surrounding Purity’s expansion. The business is also advised by Sheldon Bosley on planning issues.

“Their advice has avoided plenty of headaches,” said Granville Stevens, who farms 400 acres at Upper Spernal Farm, near Great Alne.

Visit: www.puritybrewing.com Contact Alastair Frew on 01789 206 117 or at alastair.frew@lodders.co.uk

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Real estate update

UK’s private rental sector set to boom

More than 140 representatives from the Midlands’ residential and commercial property sector attended Lodders’ popular Annual Property Seminar held at Warwickshire’s Henley in Arden Golf Club in late 2014.

According to the seminar’s speakers, the private rental sector (PRS) has the potential to solve the UK’s housing problems.

Keynote speaker was Jon Bellfield, managing director and a founder shareholder of Barberry Group, one of the most successful privately owned property development and investment companies in the West Midlands. Jon gave an insight into the Barberry Group and its strategy for success, as well as stating: “We need to have a shift in attitudes towards renting, and the private rental sector could be the solution to the UK’s housing problems.”

Guest speakers were Savills’ head of residential development in Birmingham, Simon Horan, and the firm’s planning specialist Michael Davies; Ashley Hollinshead, tax partner with Deloitte; and Lodders’ real estate partner Alastair Frew.

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“We expect the private rented sector to grow faster as mortgages are constrained and become less affordable,” said Savills’ Simon Horan, “and the annual housing costs for the under 35s is already dominated by private rents.”

Although the proportion of households in the private rented sector is lower in the Midlands (16%) than the England average (18%), according to Savills research, growth in the proportion of PRS households between 2001 and 2011 in both the Midlands and England as a whole was circa 6%.

The private rental sector makes up a much higher proportion of households in Nottingham (25%), Leicester (24%), Birmingham (20%), Coventry (22%) and Derby (18%), some of the largest urban areas in the region.

Green grass of home S

peaking at the seminar, Lodders’ real estate partner Alastair Frew highlighted recent land and property cases including one involving an application by residents of a North Yorkshire village to have their local playing fields registered as a village green.

“The playing field had been acquired by the local authority as part of a large housing scheme,” he explained.

“For more than twenty years, residents had been allowed free access to the fields. They applied to have the land registered as a village green and the case ended up at the Supreme Court.

“Because the residents had had 20 years of access to the land, without opposition, the Supreme Court held that the use by the residents was “by right” not “as of right”.

This was in favour of the Council. The playing field currently remains as open space but was not registered as a village green”, said Alastair.

Above: Jon Bellfield of Barberry Group

House prices have increased more quickly in urban areas due to higher demand for housing and a lack of supply pricing more households out of homeownership. This has contributed to the increase in rental values, which has happened more quickly in urban areas such as these. Additionally, the increase in the value of first time buyer deposits in the Midlands is closely correlated to the increase in the number of dwellings in the private rented sector.

Savills has said it expects larger cities, particularly those with a sizeable student population and high levels of employment, including Birmingham, to see higher levels of rental demand and growth in the next five years.

Lodders’ Chairman George Campion concluded: “All our speakers seem unanimous in the view that the focus for potential growth in the property sector in 2015 is the private rental sector.

“The economy seems to be quite benign in the Midlands,” he added.

The cranes are up but the biggest challenge is getting developments over the line.”

Property ‘back on IHT agenda’ D

eloitte’s tax partner Ashley Hollinshead offered some guidance on how to utilise property holding structures to minimise liability and support family succession planning.

Commenting, Eamonn Daly a chartered tax adviser and partner in Lodders’ Private Client team, said: “The Office for Budget Responsibility predicts that by 2019, one in ten estates will be liable to inheritance tax (IHT), principally because of the frozen nil rate band in a recovering economy.

“The nil rate band has been fixed at £325,000 since April 2009, and is to remain at that level until April 2018, subject to any change of government in May.

We need to have a shift in attitudes towards renting, and the private rental sector could be the solution to the UK’s housing problems.

“The main way to avoid or reduce an IHT liability is to make lifetime gifts. But if gifts are made of more than £3,000 per tax year from capital, a person needs to survive seven years for the gift to fall outside of their estate for IHT purposes, so, the sooner they are made the better so that any future growth and income arises outside of the donor’s estate. Careful advice should be taken to ensure the correct structuring of the gift and to make sure it will be effective.”

Simon Horan, Savills Issue 2

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Real Estate update

A knotty problem ASBOs for homeowners who ignore Japanese Knotweed

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eople selling their home, and buyers on the hunt for their perfect next abode, are being warned to check gardens for the invasive Japanese Knotweed plant, or risk facing criminal prosecution.

The advice comes from Lodders’ residential property partner Alison Wacey, who issued the warning as the government announced new measures aimed at controlling the spread of non-native plants, including the invasive Japanese Knotweed.

People who fail to identify, destroy and remove these non-native plants from their property could face a criminal prosecution and be fined up to £2,500 or given an anti-social behaviour order (ASBO).

Alison explains that both vendors and purchasers of residential property are now deemed to have a duty of care when it comes to selling and buying houses:

Checking for Japanese Knotweed and other prolific, invasive plants should be regarded with similar importance as checking for signs of damp or a faulty roof at a property “When a valuer visits the property before sale, homeowners should ask them to include investigating for evidence of these invasive plants.

“Japanese Knotweed is very resilient, can grow through tarmac, cause structural damage, and will grow vigorously after being cut down,” adds Alison.

“One of the most effective ways of getting rid of it is to dig down up to three metres to ensure all the roots have been removed – a massive, but necessary undertaking.

The removed plant is classed as ‘contaminative waste’ and there are controls on its disposal, which also carry an additional expense.

“Not only do homeowners run the risk of criminal proceedings for not identifying and removing the weed before sale of the property completes, but there could also be potential repercussions from their buyers if they should be hit with a hefty bill for removing the weed, for example, or perhaps damage from it to a neighbouring property, or even a criminal prosecution.

“It’s a case of buyers, and vendors, beware of this knotty problem. Take proactive steps to avoid falling foul of the law and deal with it properly if you identify an invasion on your own or a neighbouring property.”

Contact Alison Wacey on 01789 206147 or at alison.wacey@lodders.co.uk

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Pensions

Now combine these with the new rules where a flexible pension, such as a SIPP, allows pension wealth to cascade down the generations within the pension wrapper, creating a truly tax-efficient wealth management and inheritance plan with few peers.

For clients interested in passing on their accumulated pension wealth, the key areas to consider will be:

Pensions Keeping it in the family

T

he latest amendments to the Taxation of Pensions Bill position flexible pensions as a very useful estate planning tool.

Tax relief on contributions without the seven year wait for them to be outside the estate and tax free investment returns were already good reasons to recommend pension funding for clients and their families.

• how pension wealth can be passed between generations tax efficiently, • why it no longer matters if pensions are settled or not settled, • when benefits may be tested against the Lifetime Allowance, • why it is necessary to review death benefit nominations, • when a Bypass Trust may still be appropriate.

With the new rules only a few months away, it may be worth clients reviewing pensions strategy with their pensions adviser.

Contact William Self on 01789 201850 or at william@selfadvice.com

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Care and capacity matters

Practical guidance to protect the elderly and vulnerable from fraudsters Scams against elderly people are unfortunately quite common, and are often very well organised, as highlighted by a recent scam in Stratford, where elderly people were targeted by fraudsters posing as detectives.

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odders’ Care and Capacity team offers some practical guidance to help protect elderly and vulnerable people being targeted by fraudsters.

1. Download the ‘Little Book of Big Scams’, from the Metropolitan Police website - www.met.police.uk/ docs/little_book_scam.pdf - and talk to your relative or friend about scams and how they can protect themselves from the fraudsters. The book contains clearly presented and easily digested information on most of the scams that are out there, and which result in vulnerable people – the majority of whom are elderly – losing significant sums of money.

2. Check their post for junk mail – recently one of Sofia’s elderly clients was targeted by a mass market scam mail campaign, as she explains: “My elderly client wasn’t entirely coping with her post, and I was going to see her every other week to help out. On one of my visits I simply dealt with letters regarding foreign lottery wins as junk mail, and binned them. I didn’t realise that she was getting these letters on a regular basis because she had already replied to one of them.

Her name was on what the Met call a ‘suckers list’, and as well as mail, she started getting a lot of telephone calls about how to claim her ‘winnings’.

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Fortunately, I was able to persuade my client that the letters and calls she was receiving were really too good to be true, and that she had been tricked out of her money. It still took a number of steps to reduce her exposure to the contact she was getting.”

3. Telephone: register with the Telephone Preference Service, although this didn’t work for Sofia’s client. “We created a system whereby our client would call me or my secretary after she received a suspicious call (we had a laminated note by the side of her phone telling her what to say if she didn’t know the caller). However, in the end, we changed her number. This took nearly an hour of calls and incurred a fee, but it was worth it.“ 4. Mail: the Mailing Preference Service doesn’t always work when letters are sent from abroad, which is why most of these scams relate to foreign lotteries.

Consider having mail redirected to a solicitors or your own home. Anything suspicious about prizes and once in a lifetime opportunities can then be sent on to Royal Mail - Freepost, Scam Mail, PO Box 797, EXETER EX1 9UN. 5. Action Fraud – tell them about anything you believe to have been a fraudulent payment - www.actionfraud.police.uk/.

For those who have an elderly relative, friend or neighbour, who may be a target for fraudsters, it is important to give them some gentle guidance and support so that they don’t fall prey. By talking with them so they know what the scams are, and helping them take steps to protect themselves, we can give elderly and vulnerable people the best chance of protecting themselves.

The retired stockbroker lost control of his Mercedes and mounted the pavement in November 2012. He was travelling at 54mph after mistaking the accelerator for the brake.

“In another case, an 85-year old woman caused a fatal head-on crash in Kings Lynn when she drifted onto the wrong side of the road, hitting a car driven by an 80-year old man, who later died from his injuries.

“Both cases reinforce that families and friends of elderly drivers have a responsibility to monitor their driving skills and capabilities, and stop them from driving if they have potential to be a danger to other road users and pedestrians.”

Commenting on the West Hampstead case, the judge said: “Old age cannot be seen as any excuse or mitigation for dangerous or even careless driving.

An elderly driver who knows or should acknowledge that he or she is losing his or her faculties is no less a danger than a drunken driver who knows the same.”

Tragic cases highlight potential dangers of elderly drivers T

wo cases involving fatalities caused by elderly drivers highlight the dangers of someone continuing to drive after being diagnosed with dementia or when too infirm to get behind the wheel.

Sofia Tayton, explains: “An 85-year-old man was jailed and ordered to pay £20,000 after being found guilty of killing a young mother with his car in West Hampstead.

Helping with care for the elderly Planning for the future and preparing for the unexpected is, at best, daunting for all concerned. Lodders’ care and capacity specialists can help with support and guidance on decisions such as choosing a care home and researching the availability of funding or how it can be self-financed, as well as guidance on making applications for finances to cover the costs of continuing NHS Healthcare. We can also help with challenging decisions if funding applications are turned-down.

The judge in the Norwich Crown Court case said: “This is a tragic case where there are no winners and all are losers and demonstrates the importance of older drivers to exercise responsibility and recognise when their driving skills fall off to the extent that they present a danger to other road users.”

The legal position is straightforward, explains Sofia: “A driver must tell the DVLA if they have been diagnosed with dementia. They can be fined up to £1,000 if they don’t, and may be prosecuted if in an accident as a result of their illness.

“The nature of dementia is such that people with it may lack insight into their own condition and limitations.

Having regular, calm and sensible discussions about driving, and perhaps suggesting a driving assessment, has to be the starting point.”

The Alzheimer’s Society offers some helpful guidance: www.alzheimers.org.uk Sofia Tayton Partner T: 01789 206151 E: sofia.tayton@lodders.co.uk Helen Rowett Partner T: 01564 796843 E: helen.rowett@lodders.co.uk Emma Vaqueiro Associate T: 01564 796842 E: emma.vaqueiro@lodders.co.uk

Issue 2

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Equine update

Dangerous at both ends and uncomfortable in the middle?

Owning and riding horses can be a risky (not to mention expensive and time consuming) endeavour. Lodders’ Natalie Smith, private client solicitor and keen horsewoman, explains the importance of planning for the unexpected.

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s Ian Fleming famously said, “a horse is dangerous at both ends and uncomfortable in the middle.”

Whilst many equestrian types would disagree with at least part of this quote, we have to accept that our love of riding and caring for horses comes with a level of risk.

Animals are, by their nature, unpredictable. As responsible horse owners we should make sure that we have made suitable provision in case anything happens to us.

Above: Natalie Smith in action on her horse Rainstown Lad

The Superman actor, Christopher Reeve, fell from a horse in 1992 at age 42. This left him in a wheelchair and requiring breathing apparatus until he passed away in 2004.

Speaking from personal experience, Natalie Smith from the Lodders Private Client team, experienced an incident a few years ago when her close friend, at age 28, had a fall from her horse and suffered a spinal fracture. Luckily, she made a full physical recovery and was conscious throughout her stay in hospital. Not everyone is that fortunate.

These examples highlight the need for every horse owner or rider to ensure they have a will and lasting power of attorney in place. Accidents can happen no matter what your age or riding ability.

A lasting power of attorney (LPA) is a legal document which allows you to appoint someone that you trust as your ‘Attorney’ to make decisions on your behalf during your lifetime. An attorney can act at your direction if you are physically incapable or unavailable (for example out of the country). More importantly, they can act if you lack the mental capacity to make decisions yourself.

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There are two types of LPA. The property and financial affairs LPA allows your attorney to manage your finances for you. This can be crucial to make sure your bills are paid or your business continues to function if you are seriously injured.

The second is a health and welfare LPA, which allows your attorney to make health care and welfare decisions on your behalf. Such decisions can include what care and medical treatment you receive and where you live.

This LPA, unlike the property and financial affairs LPA, can only be used if you lack mental capacity to make the decision in question yourself.

Many horse lovers will have specific views about what they would want to happen should they be seriously injured. Without the express authority of an LPA your family may not have the power to action these wishes.

If you lost the ability to look after your financial affairs and you didn’t have an LPA, then an application to the Court of Protection would be required. The Court would appoint someone suitable to look after your affairs (a ‘deputy’). This can be a time consuming, expensive and stressful process for your loved ones at a time when they also have to come to terms with your accident and injuries.

Natalie commented: “It isn’t comfortable to think about how your loved ones would cope should you have a serious riding accident but planning for the future also means preparing for the unexpected.”

Contact Natalie Smith on 01242 229086 or at natalie.smith@lodders.co.uk

Four legs good?

Top tips for buying or selling a horse

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hether you’ve got your eye on a new horse or are selling one of your own, it can be a nervewracking, albeit exciting, process. Mike Wakeling, Lodders’ equine dispute specialist, outlines some top tips for both buyers and sellers.

“If you are buying or selling a horse privately then it is very much a case of ‘caveat emptor’ – otherwise known as buyer beware: it is up to the buyer to ensure that the horse is fit for their needs. As the seller, you must not mislead the buyer in any way - and any advertisement must be an honest representation of the horse’s character and ability.

“If you are buying from a dealer, you will have protection through the Sale of Goods Act legislation.

The difficulty however can arise in the definition of a dealer; we had one client who was selling his daughter’s two ponies. The buyer argued that this made him a dealer, but we successfully contested that he was a private seller, who was simply handling his daughter’s sudden disinterest in her hobby!

“The main thing to consider is to make sure you have a written contract in place that clearly states the terms of the sale or purchase. If something goes wrong down the line, then it can be very hard to prove what was said if you are just relying on a verbal agreement.

“I’ve talked to my (many!) equine-owning colleagues in the Lodders office and combined their practical tips with my lawyerly ones. If you’ve any more suggestions then we’d love to hear them.”

WIN A LODDERS RUG

ADVICE FOR BUYERS 1. Think about what you want. Are you prepared to accept certain stable vices in exchange for performance? Can you cope with a horse that needs riding every day for example?

2. Don’t overstate your own riding abilities.

3. Watch how the horse behaves and his body language when he is around other horses and being tacked up and so forth.

4. Always ask the seller to ride the horse first.

5. Ride the horse in as many different environments as possible – 10 minutes in his familiar surroundings may not be enough to give you a true picture.

6. Take someone with you – especially if you are prone to letting your heart rule your head.

7. Make sure you see the passport and check that the details match the horse.

8. Get a vetting – five stage if you can afford it.

9. Ask the seller to tell you the horse’s best and worst points. This can often tease out some additional information.

ADVICE FOR SELLERS 1. If you are selling on behalf of someone else, make that clear or you could be liable for any future problems.

2. Don’t overstate the horse’s capabilities.

3. Get your horse used to being ridden by different people – if he only ever has you on his back he may not go well for potential buyers.

4. Ensure you have adequate facilities for trials – hire somewhere if necessary.

To win a Premier Equine Cotton Sheet simply answer the question below and email your contact details to Hollie Coyne at hollie.coyne@lodders.co.uk Question: Which British Rider made the shortlist for the BBC Sports Personality of the Year in December 2014?

Entries must be received by 31 May 2015 and a winner will be drawn at random from the correct entries. Please also tell us what size rug you need (from 5’6 to 7’0).

5. First impressions count. Make sure shoeing is up to date and mane and tails are tidy.

6. Be honest. If he is generally good in traffic but doesn’t like tractors you need to tell the buyer so they can manage him accordingly.

7. Clearly state any ‘issues’ in the contract so the buyer is fully aware.

Contact Michael Wakeling on 01789 206102 or at michael.wakeling@lodders.co.uk

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Charity update

Updates from Lodders’ Charity Law team Lodders’ Charity Law team is led by Mark Lewis, who joined Lodders in January 2014 following 20 years as a partner with a large regional law firm, where he established and headed up the charities and not for profit department.

With his extensive experience of both charity and commercial matters, Mark acts for the Royal Association of British Dairy Farmers, The Shakespeare Birthplace Trust, Imagineering Foundation and numerous breed societies, ecclesiastical clients and governing bodies in the agricultural sector.

Contact Mark Lewis on 01789 206135 or at mark.lewis@lodders.co.uk

Conflicts of Interest – revised guidance for charities and trustees

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he Charity Commission has published guidance for charities and trustees that emphasises the seriousness of trustee conflicts of interest and the potential consequences if they are not dealt with properly.

Suffolk Sheep Society secures Lodders’ services

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he Society for one of Britain’s oldest native breeds, the Suffolk Sheep, recently appointed Lodders to provide legal advice to the organisation following a competitive tender process.

The guidance contains a revised definition of a conflict of interest as “any situation in which a trustee’s personal interests or loyalties could, or could be seen to, prevent them from making a decision only in the best interests of the charity.”

Lodders already works with a number of the leading British livestock and breed societies, including The Royal Association of Dairy Farmers, the British Charolais Society, and various pony societies. The team working with The Suffolk Sheep Society, which is a registered charity and originally formed in 1886, is headed by Mark Lewis. Working alongside Mark is Lodders’ head of agriculture David Lodder.

A conflict of interest could arise where a trustee receives a personal benefit, for example where a charity has empty office space that the trustees are considering letting to a company owned by one of the trustees.

“We are most impressed with the firm’s and particularly Mark’s knowledge of the agricultural sector in the UK and Ireland,” commented Dr Lewis McClinton, Chief Executive of The Suffolk Sheep Society for the UK and Ireland.

Meanwhile, a conflict of loyalty is defined as happening when “a trustee’s loyalty or duty to another person or organisation could prevent the trustee from making a decision only in the best interests of the charity.”

“The Society is a very specialist business which works closely with farmers and the whole of the agricultural sector,” he added.

“We need a law firm that acts for farmers and which has proven relevant knowledge and experience. Lodders matches these specific requirements and already represents a number of sheep and cattle breed societies.”

A conflict of loyalty could arise where an individual is a trustee for two charities that are both bidding for the same contract.

There is no benefit to the trustee as such but their decision could be influenced by the knowledge of the other charity and this would prevent them from making a decision for either charity in its best interests.

The Commission’s new three-step approach for trustees identifies how conflicts should be identified, managed and recorded.

The legal framework in relation to conflicts of interest is not straightforward, and we recommend at the very least that all charities should consider having a specific conflicts of interest policy.

Commenting on the firm’s appointment, Mark Lewis said: “The Suffolk Sheep Society has an extensive membership across the UK and Ireland and we are very pleased to now be acting for an organisation which represents its members both nationally and internationally. I see real synergy between the Society and the team at Lodders and I know we can make a valuable contribution by applying our personal client service, and extensive charity and breed society knowledge and expertise.”

Visit: www.suffolksheep.org

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Agricultural charity feature

Providing vital support for farming families facing hardship The Addington Fund is a registered farming charity, based in Barford, near Warwick.

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t is a relatively young charity - set up in 2001 at the start of the foot and mouth (FMD) outbreak at the bequest of the former Archbishop of Canterbury, George Carey and was the inspiration of the late Revd Canon Richard Addington.

Addington has Christian roots and the Bishop of Warwick, the Rt Revd John Stroyan currently sits on the board of Trustees.

Originally set up to help farmers whose businesses were affected by FMD it administered grants totalling over £10.3m from March 2001-July 2002. Many people think that farmers in this region were not affected by FMD but Addington has handled over 133 applications from Warwickshire farmers alone, resulting in grants of over £54,000.

Today, Addington’s main focus is housing for farming families who have to leave the industry. For the tenant farmer, when the time comes to retire or relinquish their tenancy, one of the barriers preventing them from doing so is appropriate housing. House prices have risen far in excess of farm incomes and when many tenant farmers retire, their option of housing consists of temporary accommodation (B&B) or undesirable housing in busy and noisy urban locations. A far throw from their lifetime’s work.

Through its Strategic Rural Housing Scheme (SRHS) Addington purchases a property for successful applicants which is then rented to them. The SRHS is unique, confidential and flexible. Every tenant has an input on where they would like to live, and shared equity options are available with no minimum or maximum amount.

Over 58% of Addington’s SRHS tenants have a share of ownership of their property, on which they do not pay rent, and this share can be increased at any time throughout the tenancy.

Addington’s aim is to provide a safe and secure home for as long as it is needed.

In other counties, due to generous donations of land and other favourable terms, Addington has also been able to provide homes and live/work opportunities for other land based workers.

Not forgetting its origins, Addington’s Trustees also govern a ‘Trustees’ Discretionary Fund’ and in times of emergency, hardship grants can be made to working farmers when regional or national disasters strike. Two examples of such were the extreme weather in 2012 and 2013 that had a disastrous effect on Welsh and Cumbrian farmers in the spring of 2012 and then the floods of 2013 affecting those farming on the Somerset Levels.

Visit: www.addingtonfund.org.uk

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Toasting a successful move into Cheltenham 30 September 2014 marked the first anniversary of our new Cheltenham office.

To celebrate this, in mid-October, we welcomed clients, friends and professional colleagues to a drinks reception at the Queens Hotel, Cheltenham.

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he office focuses on Lodders’ core specialisms in private client, agriculture and real estate and is led by Cheltenham partners Paul Mourton and Robin Beckley.

Staff numbers have risen from five to nine in the first year, with more new recruits in the pipeline. Constantine Berry joined from Harrison Clark Rickerbys as an associate to support Paul Mourton with a marked increase in real estate work, which has seen him assisting with a large volume of residential development work and high value investment transactions. Natalie Smith joined over the summer as an associate in the Private Client department.

Natalie’s interests are in wills, Lasting Powers of Attorney, probate and tax planning, specialising in agricultural and high value estates; one of Lodders’ principal areas of expertise.

Reflecting on Lodders’ move into Cheltenham, Paul Mourton commented: “It’s been a very promising first eighteen months, we’ve doubled in size since our launch and our new recruits have settled in very well. We are particularly busy on the residential development side, acting for both landowners and independent developers; the feedback from our clients across the board is that they really appreciate the personal, partner-led service that they receive from Lodders people.”

We expect 2015 to be a busy year and our door is very much open to talented solicitors who share our ethos and values.

Paul Mourton

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Left: Simon Whitney; Natalie Smith, Lodders; Deborah Harwood Right: Sally Williams; Mark Williams; Lesley Chatham; Richard Chatham; Constantine Berry, Lodders Below: David Jones; Robin Beckley, Lodders

Make a Will and raise vital funds for Cobalt.

Natalie Smith from Lodders’ Cheltenham office will be taking part in “Make a Will Month” for Cobalt; a local charity that was established in 1964, helping in disease prevention, research, treatment and diagnosis.

Cobalt’s aim is to help people get faster, safer and clearer scans, assisting the diagnosis and treatment planning of cancer, dementia and other life-limiting conditions.

Throughout the month of April, Natalie will be donating her expertise and time advising clients and drafting straightforward wills for free, in return for a donation to Cobalt.

Above: Rod Bird, Lodders, Neil Gayler, Peter Horton

To book an appointment and to help raise funds for this important charity, please contact Farrah Taber on 01242 229089 or at farrah.taber@lodders.co.uk.

Above: Paul Mourton, Lodders; Peter McMillan Left: Abika Martin; Holly Kennett, Lodders

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Profiles

Spotlight on...

George Campion Highly respected Birmingham business adviser George Campion has been Lodders’ Chairman since January 2010.

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anuary 2015 marked the five year anniversary of George Campion’s appointment as Lodders’ Chairman, during which time he has overseen substantial growth, as senior partner Martin Green explains: “George has contributed greatly to the Lodders leadership team, not only in the significant business and personal connections he brings but also in his commerciality, which has strengthened our strategic planning and aided our development as a leading private client practice in the region.”

As one of Birmingham’s leading business advisors, George held various senior roles within the city’s professional community, including Senior Partner at Andersen and then Head of Real Estate at Deloitte in the Midlands. Once described as ‘the cod father’ of the accountancy world, George was (almost undoubtedly!) unique as the only head of an accountancy practice to have owned and run a fish and chip shop. It was an experience that stood him in good stead - “It taught me about dealing with people from all different walks of life, about business costs and income, making a profit - it gave me a good grounding and instilled in me the value of hard work.”

George is also a non-executive director of Rigby Group plc, Midlands Chairman of Aon Insurance and Chairman of the Governors for Wrekin Old Hall School.

George has aided our development as a leading private client practice.

Martin Green

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Paul Reed As the residential property market continues to improve, Paul Reed has steered many Lodders clients to a successful completion.

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artner Paul Reed stepped into some large shoes when he took over from Frances Lees as head of Lodders’ established and busy residential property team in the summer of 2014.

Frances, together with her fellow partner Alison Wacey, had established a reputation for dealing with complex and high value property transactions and there was no danger that Paul wouldn’t be busy: whilst the property market has undoubtedly picked up over the last twelve months, the team had continued to act on a steady stream of private property transactions, including second homes, holiday homes and buy to let opportunities for some of Lodders’ more recession-proof clients.

significant strength in depth and a high level of technical expertise, which was tested in early December when the Chancellor introduced the Stamp Duty changes.

“By acting quickly and tenaciously on the day of the changes, the team was variously able to save our clients significant sums by ensuring exchanges were made on favourable terms.”

Paul’s modesty prevents him from explaining that he alone saved clients over £50,000, ensuring one buyer avoided an increase of £46,750 by exchanging on the day of the announcement, and securing a saving of £4,500 for a seller by completing a day later.

Paul joined Lodders from Shakespeares and quickly felt at home: “It was clear as soon as I joined that we have

Laura Abbott Associate Laura Abbott is earning a reputation as the ‘go to solicitor’ to resolve probate disputes.

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ontentious probate specialist Laura Abbott plays to her significant strengths as both a private client solicitor and experienced litigator to help people resolve disputes with wills and estates.

It is unusual for a specialist in the field to have a private client background but Laura finds it is invaluable in helping to understand and resolve the particular issues, as she explains: “Clients can be both surprised and disappointed by the provision made for them in a family member’s will and will often want to take action to resolve the situation.”

Increasingly complex family structures, more wealth in society and a growing willingness to litigate mean that this is a growing area of work for Lodders. Challenging a will can, however, be a costly business in both financial and

emotional terms and Laura always aims to help her clients reach a sensible resolution before matters need to reach the court.

‘I help to bring some objectivity to what is always a highly-charged and emotional situation; it’s essential to take a clear look at both sides of the argument and judge each case on its individual merits.

“Most people will tell me that it isn’t about the money but, sadly, we can’t change memories or the will-writer’s intention – we can only seek to improve the financial outcome for our clients.”

Laura was made an associate in January 2013, is a fully qualified member of STEP (the Society of Trust and Estate Practitioners) and is currently studying to become a member of ACTAPS (the Association of Contentious Trust and Probate Specialists).

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People news

Update

People news from the Lodders camp

NEW RECRUITS

Caroline Nemecek joined Lodders in December 2014 as an associate in our Agriculture and Estates team. Formerly from a large regional law firm in the South East, Caroline works alongside partner and team head David Lodder to provide specialist agricultural, rural and real estate legal advice to Lodders agricultural clients and individuals working and living in the rural sector. David said:

The team continues to be very busy and the addition of Caroline brings much valued expertise. We expect it to be the first of a number of new hires into the agricultural team over the coming months.

In January 2015 Lodders’ Real Estate team welcomed residential development specialist James Mottram and commercial property solicitor Anna Turnell, both of whom have joined as associates based in Stratford. Between them, Anna and James bring over 20 years’ of experience, further strengthening our real estate offering, sector knowledge and technical legal expertise.

Natalie Smith joined Lodders’ busy and growing Cheltenham office over the summer as an associate in the Private Client department, with particular expertise in agricultural and high value estates.

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After stepping down after almost 30 years as Head of Lodders’ Residential Property team back in July 2014, Frances Lees has returned to the firm to take up a new part-time role within Lodders management team.

“The change has allowed me to spend more time with my family – albeit that this is a much misused phrase these days! It also allows me to become involved in some important management projects which will benefit the whole firm”, Frances explained.

Michael Brook joined in September to start his two year training contract with Lodders, joining fellow trainees, Krishna Gokani and Bradley Roberts, who all have their sights firmly set on successful careers as lawyers.

HATCHINGS AND MATCHINGS The Lodders camp has been filled with lots of love and happiness over the past few months.

Laura Abbott married her beau Neil in May in a service at their local church in Wellesbourne, closely followed

by Rebecca Freeman who married her partner Nicky in a fabulous ceremony in the Swan Theatre in July.

August saw the turn of dispute resolution solicitor Amrit Samra who celebrated her nuptials to her partner Pritpal with a traditional Indian ceremony at the Gurdwara Sahib in Leamington which was followed by a reception at the Motorcycle Museum.

Further wedding joy came for our latest addition to our Cheltenham office, Farrah Taber who married Simon in October.

Above: Hilary and John

The wedding season came to a culmination with marketing director Hilary Campton marrying John in a beautiful ceremony at Brooksby Hall in Leicestershire.

Above: Pritpal and Amrit

Employment law specialist Kim Klahn and her husband welcomed baby Phoebe back in February 2014.

Above: Laura and Neil

Above: Nicky and Rebecca

QUALIFICATIONS

Lauren McGurk qualified as a solicitor at the end of 2014 and has been offered a permanent position in Lodders’ busy Care and Capacity team, working with Sofia Tayton in Stratford.

Congratulations to Lodders’ operations manager Alexis Nicholls, who is now a fully qualified member of the British Institute of Facilities Management.

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Legal updates

Cap Reform and the new Basic Payment Scheme O n 1 January 2015 the Single Payment Scheme (SPS) for landowners was replaced with the new Basic Payment Scheme (BPS), marking one of the key elements of the reform of the Common Agricultural Policy.

The new BPS comprises a 70% payment direct to the claimant, with the remaining 30% being paid following compliance with ‘greening’ measures.

Entitlements under the old Single Payment Scheme were automatically transferred to the new Basic Payment Scheme at midnight on 31 December 2014.

Lodders’ agricultural lawyer Hannah Taylor sets out the key differences in the new payment system: 1. Minimum claim area of five hectares – this measure is aimed at removing the ‘pony paddock’ claimants and it is estimated that up to 17,000 landowners could be affected.

2. Active Farmer requirement – this is designed to remove claimants such as airports, utility companies and golf courses and will involve an annual assessment.

3. Greening measures – these include crop diversification, Ecological Focus Areas and maintenance of a national level of permanent pasture. Compliance with the greening measures will provide 30% of the payment under the Basic Payment Scheme.

4. Young Farmer Scheme – aimed at encouraging the younger generation, claimants under 40 years old and who are in control (or joint control) of the holding may be able to receive a top up payment of 25% of the average value of all the entitlements they hold.

“A further key change is that all claimants must now register under the new online system using the CAP Information Service (CAPIS)”, explains Hannah. “At the moment there do not appear to be any exceptions to this requirement, which could be problematic for landowners who don’t use personal computers or have sufficient internet access.”

Contact Hannah Taylor on 01789 206107 or at hannah.taylor@lodders.co.uk

“Parents can take leave at the same time or they may choose to take it at different times – it is up to them but once they have decided how they wish to share the parental leave they will be able to change their arrangements no more than three times”, says Lodders’ employment specialist Kim Klahn.

n December 2014 shared parental leave legislation came into force, allowing mothers to share their maternity leave with their partners.

The new rules will help women who wish to get quickly back into the workplace and fathers who want a more hands-on role with their baby - but have the potential to cause headaches for employers.

The new rules aim to give greater flexibility and choice as to how childcare is divided between parents and will apply to babies due on or after 5 April 2015.

Kim adds: “As a minimum, we recommend you make sure your existing staff policies are updated to reflect the new rules, and provide training to line managers to ensure they understand how to handle requests for leave.”

Shared Parental Leave I

Statutory maternity leave will remain at 52 weeks but mothers will have the right to share 50 weeks of the maternity leave with their partners.

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Contact Kim Klahn on 01789 206154 or at kim.klahn@lodders.co.uk

Charitable Incorporated Organisations T he right structure for your charity?

Mark Lewis investigates.

Charitable Incorporated Organisations (or ‘CIOs’) were introduced in January 2013 to give a simpler option for charities that want to have some of the benefits of corporate status but without all of the compliance and reporting burdens of a charitable company.

Establishing and running a CIO will generally be cheaper and easier to administer than a charitable company, as accounts and annual returns only need to be submitted to the Charity Commission and not also to Companies House.

A CIO may not be as straightforward as running an unincorporated association or a charitable trust but may be more appealing to trustees as it offers limited liability status. This means that trustees may be personally safeguarded from any financial liabilities incurred by the charity.

CIO status also gives the charity a ‘legal personality of its own’, which essentially means that it can conduct business and hold property in its own name rather than that of the trustees. On the downside, it has been suggested that it might be harder for CIOs to raise funds.

Since January 2013 there have been over 3,000 CIOs registered and there is every indication that they will become an increasingly prevalent vehicle for charities – particularly for smaller and ‘micro’ charities.

For help or advice with selecting the best structure for your charity, contact Mark Lewis on 01789 206135 or at mark.lewis@lodders.co.uk

Lodders’ specialist settlement agreement service L

odders’ employment law team offers a dedicated service for employees to help with negotiating settlement agreements in a quick, friendly and supportive fashion.

Settlement agreements are legally binding contracts that can be used to end employment on agreed terms, usually in return for some form of payment to the employee. The terms of a settlement agreement will vary from person to person and can include confidentiality and ‘non-compete’ obligations.

If your employer offers you a settlement agreement you will need specialist legal advice to help you decide whether or not to accept it – and perhaps how and where it can be improved to your advantage.

Typically, your employer would make a contribution to your legal costs of between £250 and £500 plus VAT. Your settlement agreement will contain deadlines that you need to meet so it’s important to get in touch with a solicitor as quickly as possible.

Visit: www.lodders.co.uk/services/ settlement-agreements-for-employees

Life insurance – who benefits?

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hances are that if you took advantage of your employer’s death in service policy and have been employed for a number of years, then you may not remember who you set out as your beneficiary, should something happen to you.

“People often see life insurance policies – particularly those organised by an employer – as something that can be set up and then forgotten about”, says Martin Green, head of Lodders’ private client team and the firm’s senior partner.

“It isn’t uncommon however to find an ex-spouse or a parent, named before an individual got married, still listed as a beneficiary of a life insurance policy.

“We recommend that you review all life insurance policies at least every three years and after major events such as getting married, having children, or on divorce”, added Martin.

“Ideally, life insurance policies should be written in trust outside the estate - as death in service policies are likely to be - in order to save inheritance tax.”

Contact Martin Green on 01789 206140 or at martin.green@lodders.co.uk

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Social pages

Lodders’ 2014 Golf Day Senior partner Martin Green welcomed guests and colleagues to Lodders’ Golf Day which was held at Stratford on Avon Golf Club. The guest list reflected Lodders’ move into Cheltenham, with several clients and contacts from Gloucestershire and the Cotswolds represented.

Guests were treated to a complimentary club cleaning service, as well as being handed goody bags containing Lodders’ branded golf balls.

Above left: The team from Club Clean ensuring all our guests received the complimentary club cleaning service.

Middle: Lewis Payne, Paul Mourton, Lodders; Tim Smith, Jon Hinton. Right: Sue James, Rod Bird, Lodders; Corrigan Lockett

Stratford Music Festival Partners and staff of Lodders welcomed clients and professional contacts to a drinks and canapés reception before a concert by renowned Australian-born classical guitarist Craig Ogden.

Left: Quentin Cornforth, Susan Cornforth, Hugh Munro, Nicola Adams, Lodders; Helen Munro.

Middle: Louise Igoe, Lodders; Nigel Chilvers, Brett Barton. Right: David Lodder, Lodders; Henry Warriner.

Warwick Races Lodders’ partners David Lodder and Victor Matts welcomed guests and clients from Warwickshire’s business community to Warwick Racecourse. Guests were given some inside information by tipster Roger Hart, who took the guests down to the parade ring before the start of the race.

Right: Steve Smith, Kim Klahn, Lodders; Mark Lewis, Lodders; Robin Ogg, Donald Hunter

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The Moreton Show Managing partner Rod Bird welcomed clients, colleagues, contacts and friends to the Lodders stand at The Moreton Show. The show’s younger visitors were entertained by a storytelling session led by Lodders’ partner Alison Wacey, whilst guests received Lodders shopping bags and our four-legged friends snapped up the foldable dog bowls. The 2015 Moreton Show takes place on Saturday 5 September.

Top: Guests on the Lodders stand with a view of the Grand Arena Middle left: Cynthia Potter, John Potter, Martha Vipond, Simon Harrison, Chris Vigar, Rod Bird, Lodders Middle right: Storytelling time with Lodders’ Alison Wacey Bottom left: Lodders giveaways – shopping bags and travel dog bowls Bottom right: Hollie Coyne, Lodders; Derek Wilkinson, Mycroft Perry, Michael Wakeling, Lodders

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Social pages

Stratford’s Big 10k On Sunday 15 September, over 1,000 runners took to the streets of Stratford upon Avon for the Lodders’-sponsored Stratford’s Big 10k.

15 fleet-footed runners from Lodders were amongst the crowd including partners Steven Baker and David Lodder. The race, which is organised by Tempo Events and has been sponsored by Lodders for the past five years, raised funds for The Shakespeare Hospice.

Above left: The Lodders team at the start of the race. Right: Steven Baker presenting prizes to the race winners.

Events

JULY

Stratford River Festival 4 – 5 July Enjoy a free family fun weekend in Stratford upon Avon.

The river and its surrounding gardens come alive with music, narrow boats, craft and food stalls, charity stalls, and illuminated boat parade culminating with a fantastic firework display. www.stratfordriverfestival.co.uk

Cheltenham Cricket Festival 8 – 18 July Enjoy the Cheltenham Cricket Festival this summer; one of the most loved events in the town’s social and sporting calendar. The beautiful setting of Cheltenham College provides the perfect backdrop for cricket at the height of summer.

CLA Game Fair 31 July – 2 August The Game Fair takes place in Leeds this year and whilst it’s out of our region it remains a key event for many of Lodders’ farming and rural clients. www.gamefair.co.uk

Exciting, relaxing, inspiring.

This year’s events calendar has it all.

MARCH

Gold Cup Festival at Cheltenham Racecourse 10 – 13 March Join the Cheltenham Racecourse faithful for the showpiece event in the National Hunt calendar. www.cheltenham.co.uk

APRIL

Shakespeare’s Birthday Celebrations 2015 23 – 26 April 23 April 2014 will mark the 451st anniversary of Shakespeare’s birth and, on the weekend of 25 and 26 April, Stratford upon Avon will be leading the world in celebrating and paying tribute to Britain’s most famous playwright and poet. www.shakespearesbirthday.org.uk

Stratford Literary Festival 25 April – 3 May Celebrating its eighth year in 2014, The Stratford Upon Avon Literary Festival takes place at a range of venues around the town. ww.stratfordliteraryfestival.co.uk

Cheltenham Jazz Festival 29 April – 4 May Join the best in jazz from Europe, the USA and beyond, with performances you won’t see anywhere else. www.cheltenhamfestivals.com/jazz

AUGUST

SEPTEMBER

Moreton Show 5 September The Moreton Show is a traditional one day Agricultural and Horse Show, with marquees and hurdle pens giving a true country show atmosphere. Lodders will have a stand in our usual place so come along and say hello. www.moretonshow.co.uk

Stratford’s Big 10k 13 September Get your running shoes on for the ever more popular Big 10k, sponsored by Lodders and run in support of Shipston Home Nursing. www.tempoevents.co.uk/running/tempo-running.php

MAY

Children’s Book Day 3 May Sponsored by Lodders and taking place on the last day of the Literary Festival, Stratford Artshouse plays host to this fun-filled day of authors, illustrators and workshops dedicated to children. www.stratfordliteraryfestival.co.uk

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Lodders Life

Henley Music Festival 28 – 31 August A mix of returning and new artists entertain guests over the August bank holiday weekend. www.henleymusicfestival.co.uk

COMPETITION COMPETITION

Win a Fujifilm Instax Mini Polaroid Camera

We know that many Lodders Life readers are enthusiastic travellers both home and abroad and so, in this issue’s competition, we thought it would be interesting to see the weird and wonderful places in which our magazines can end up!

To be in with a chance of winning an Instax Mini Polaroid Camera and film bundle, simply take a picture of yourself reading your Lodders Life magazine – the more interesting or exotic the better.

Email your picture to Hollie Coyne at hollie.coyne@lodders.co.uk or ‘tweet’ it to us on twitter@lodderslawyers with the hashtag #lodderslifeselfie.

Our favourite picture will be selected by our partners on Friday 8 June 2015 so your camera will arrive just in time to capture those summer snaps!

Issue 2

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Very Private & Client focused Lodders is a law firm built around outstanding legal advice and exceptional service to regional, national and international private clients.

From business owners through to wealthy families, landowners, farmers and successful individuals, clients choose Lodders for our renowned technical expertise and our friendly, partner-led service.

Our Private Client team is ranked top by both Legal 500 and Chambers, as well as being the first choice for many of the Midlands most successful individuals.

You’ll find us away from the city lights. You’ll also find us discreet, friendly and very effective – always supporting your big decisions with our proven combination of technical innovation and thoughtful legal advice.

We would welcome the opportunity to advise you. To begin the process simply contact your nearest Lodders office. We look forward to hearing from you.

Martin P Green Senior Partner and head of the Private Client team Lodders Solicitors LLP

Stratford upon Avon office 01789 293259 Henley in Arden office 01564 792261 Cheltenham office 01242 228370

www.lodders.co.uk

@lodderslawyers

s o l i c i tors