Lodders Life Issue 1

life

Lodders

ISSUE 1

SPRING 2014

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

One to one

An interview with David Lodder and Martin Green

Work pensions Auto-enrolment pensions – what you need to know

Wootton Park Farm Turning a traditional Midlands farm into a diversified modern business

s o l i c i t o rs

life

Lodders

Welcome A very warm welcome to the first edition of Lodders Life, the brand new magazine for clients and friends of the firm.

It seems a fitting time to launch Lodders Life as we say goodbye (we hope!) to the cold and the wet and move forward into Spring with all its renewed sense of optimism.

Over the next 32 pages we share the stories of some of Lodders’ clients, including the family-owned Wootton Park Farm, which has successfully diversified into a thriving business centre and events venue for wedding receptions, conferences, corporate seminars, meetings, celebrations and private parties.

With the care of elderly relatives and the cost of an ageing population rarely out of the headlines, we introduce you to Sofia Tayton, Helen Rowett and Emma Vaqueiro who help clients – and their elderly relatives – to plan for the future and deal with a potential loss of independence.

On a similar theme, we look at longstanding client Healthcare Management Solutions, which runs around 80 care homes from their Wythall headquarters.

We interviewed their chief executive Tony Stein to find out more about their enviable track record in turning around struggling facilities and driving up standards of care.

On 1 July our head of private client Martin Green will take over from David Lodder as the firm’s senior partner. We got Martin and David together to find out what the change will mean for clients and staff of the firm. You can read highlights of their conversation on pages 04 to 07.

Over the past 12 months we have recorded strong growth and much of this is down to the sound financial footing established by the senior management team. In our ‘Spotlight’ section we find out how Mike Borg, our finance director, has helped the partners to steer the firm through recessionary times.

Editor: Hilary Campton hilary.campton@lodders.co.uk Enquiries: Hollie Coyne hollie.coyne@lodders.co.uk Editorial team: Andy Skinner, ASAP PR andy@asap-pr.com Hilary Campton, Lodders Solicitors Hollie Coyne, Lodders Solicitors Photography: John James www.johnjames-photography.com Tom Wren www.creativebywren.co.uk Lodders Life is produced for Lodders by Reach Marketing www.reachmarketing.co.uk All opinions, views and editorial pieces are for entertainment purposes only and do not constitute legal advice.

As many of you may know, Lodders has been around for some time – well over 225 years in fact - but whilst we are proud of our heritage we remain firmly focused on the future. Reports on social media (page 32) and our everdiversifying legal team (page 18) serve to reinforce Lodders’ position as a dynamic and forward-looking law firm.

Lodders people are renowned for throwing themselves into causes they care about and their local communities and this is very much the case with agricultural lawyer Helen Gough and her campaign for a change in the law to help abandoned horses. With the backing of a local MP and radio and TV interviews under her belt, Helen is determined to make a difference. The ‘community section’ on page 30 includes highlights of our equine law campaign.

To celebrate our support for the Children’s Day at the Stratford Literary Festival we have hidden throughout the magazine the titles of several famous books.

If you can spot at least five of them there’s a Kindle Fire to be won – more information on page 08!

Issue two is scheduled for the Autumn and we’d love to hear your suggestions as to the content we should be covering.

In the meantime, we look forward to your feedback on the inaugural Lodders Life - enjoy the read!

April 2014

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With an eye on growth, we also asked Tom Bromwich, founding partner of commercial property consultancy Bromwich Hardy, to share with us his views on the resurgent commercial property sector. You can read his views on page 16.

Lodders Life

ISSUE 1

SPRING 2014

Contents 14

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Features 04 In conversation with David Lodder and Martin Green Discussing a change of senior partner

Cover image: Glamping pod at Wootton Park Farm

08 Stratford Literary Festival competition Win a Kindle Fire as we celebrate sponsoring Children’s Book Day

09 National Trust lease Eyam Hall Lodders negotiated the lease for this historic property

10 Wootton Park Farm Transforming a family farm into a diversified modern business

14 Healthcare Management Solutions An insight into this fast growing business

Regulars 16 Bromwich Hardy Tom Bromwich gives his market view

22 Plan now for auto-enrolment Early planning will minimise the impact on your business

23 HS2 update Justifications change but the project is still on track

28 Stratford Literary Festival Children’s Book Day We are delighted to sponsor this “inspiring and interesting” event

32 Social media updates Farmers find their voice on Twitter

18 Legal updates Living by a river: your rights and responsibilities

20 Private Client update Planning the care of elderly relatives

24 Spotlight on Mike Borg, Lodders’ finance director

26 People news New recruits strengthen the teams in Stratford and Cheltenham

30 Charity & community Supporting our community means providing more than legal advice

34 Did you know?

Fascinating facts about Lodders’ locations 35 Dates for the diary

Spring 2014

03

Change of senior partner means no change in direction

One to In conversation with David Lodder and Martin Green

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Lodders Life

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This latest downturn has, in a strange way, been good for Lodders as it proved what a tight knit team we are and it also caused us to look at ourselves and reaffirm what we are good at and what we do best.

David Lodder

When David Lodder hands over to Martin Green as senior partner on July 1, 2014, it will be very much business as usual for the staff and clients of the firm.

Both men embody the values that underpin Lodders’ personal and friendly service.

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hey share the same Lodders ethos, both are very well connected, well respected, charismatic and liked by both employees and the wider community.

David will continue as the partner heading up the agriculture team, maintaining his agricultural expertise for clients and as an important figurehead within the wider partnership. Martin has led a successful and close knit private client team for over 20 years.

DL – When we decided you would take over the reins as senior partner, July 1, 2014, seemed a long way off, but now it is upon us!

MG – I feel both honoured and lucky to be taking over from you at this time.

Lodders has survived hard times in the economy and a very challenging period in the legal marketplace to emerge fitter and stronger.

DL – However, without the hard work put in by our leadership group in the last five years, it might have been a very different story to report.

MG – Yes, our latest results show strong organic growth in turnover of over 13 per cent with profits up by 28 per cent, but the figures don’t tell the whole story by any means.

DL – This latest downturn has, in a strange way, been good for Lodders as it proved what a tight knit team we are and it also caused us to look at ourselves and reaffirm what we are good at and what we do best.

MG – Yes, even after July 1 it will feel very much like business as usual because we have worked closely together as part of the leadership group that has helped the firm survive and then thrive in recent years.

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One to one

DL – And who, five years ago, would have thought we would have made such a triumphal entry into Cheltenham when we opened our new office there in the autumn of 2013?

MG – Cheltenham was a key strategic decision, much debated in the partnership, and I think we were right to be sure about our reasons and our resources before we committed ourselves DL – The reasoning was that in establishing a base from which to service Gloucestershire and the wider Cotswolds, we were staying true to our core business of agriculture and private client.

MG – And in terms of resources we were very fortunate to have recruited Robin Beckley and Paul Mourton in earlier years. Two partners who are Cheltenham born and bred and know the market through and through.

DL – Yes, and as I described at our official opening party at the Queens Hotel the opening of our Cheltenham office felt very much like a homecoming for me too.

My great grandfather lived in Imperial Square at the turn of the century, and then my grandfather left Cheltenham for Henley in Arden, where he joined Couchman and Christophers.

MG – The new office also gives opportunities for us to take advantage of the fractures that are appearing in the legal landscape. Many firms are finding the burden of exponentially increasing Professional Indemnity insurance premiums are crippling them and law firms now need a certain mass to be viable. We believe this will afford us opportunities in the coming months and years to acquire valuable additional caseloads and welcome some very talented additional lawyers into the firm.

DL – And that has always been the Lodders’ way. We are a firm that has always nurtured our young talent – you only have to look round a partners’ meeting these days to see that the average age has plummeted!

MG – And no bad thing either! It must be seen that if you work hard, train hard, develop your skills and establish yourself as a regular and consistent business producer, then the rewards are there for you. I well remember my work experience with your father in Lodders’ Henley office. He was a marvellous man and a much respected lawyer and particularly involved in advising landowners and other Warwickshire families on trusts and estate planning.

DL – Yes I was not long qualified and feeling quite torn between a career as a farmer or lawyer.

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Lodders Life

Not only should a local law firm be involved locally, sharing in charity work is part of the glue that binds us all together.

Martin Green

MG – And you ended up with a good balance as an agricultural lawyer! We had a lot of fun together and you definitely convinced me at the age of 19 that I wanted to pursue a career in law.

DL – No dead man’s shoes any more. Gone are the days when to become a partner you had to wait for a funeral!

MG – But equally we want to send a signal out to the market that if you are talented lawyer with a strong commercial following, then there is a place within Lodders for people who share our values and our commitment to customer service.

DL – Yes, and I think it is equally important to stress that we are committed to continuing to develop a strong, independent firm that is true to its values, supportive of staff and what I like to describe as “gently modernising”!

MG – Yes, we don’t want to scare the horses! While our clients rarely see the investment in training and technology that all adds up to give them the service they enjoy, nevertheless, it is these nuts and bolts of business that enable us to provide our high levels of service.

DL – And that commitment to service is also reflected in Lodders’ involvement in the community and its charitable works – oh, by the way, will the new senior partner be cycling from John O’Groats to Lands End? MG – I shouldn’t hold your breath on that one, but you make a good point. Not only should a local law firm be involved locally, sharing in charity work is part of the glue that binds us all together.

DL – And on that note – here’s to another 225 years.

MG – I imagine there may be one or two more senior partners in that time!

In conversation with David Lodder and Martin Green

David Lodder is the third generation of the Lodder family to spearhead the firm.

In addition to his role as senior partner and head of the Agriculture department, David also owns a 125 acre pasture farm. This provides him with a deep understanding of all agricultural issues and strong links to the farming and landowning community that he inhabits.

He specialises in advising landowners and farming businesses on all matters, including restructuring, succession planning, partnership agreements, tax and trusts advice and dispute resolution. Named

by The Chambers Guide to the UK Legal Profession as remaining “resolutely loyal to the grassroots farming community”, David is ingrained in the life and activity of the local area. Sharing his knowledge, he regularly lectures on agricultural topics to audiences of clients and associated professions.

A member of the National Farmers Union and the Agricultural Law Association, David also sits on the Board of Directors of the Country Land and Business Association, having previously chaired the Business and Rural Economy, and the Legal & Parliamentary committees. He is Steward of the Manor of Henley in Arden, former Chairman of the Warwickshire branch of the Game & Wildlife Trust and has been Under Sheriff of Warwickshire since 2004. He was appointed a Deputy Lieutenant of Warwickshire in 2012.

Martin Green is a partner and head of the Private Client department.

Martin specialises in tax, wills, trusts advice and estate and inheritance tax planning. He is recognised as a leading Private Client lawyer by The Chambers Guide to the UK Legal Profession and Legal 500 and has overseen the growth of the private client department into one of the largest and most highly regarded teams in the Midlands. He is a member of the Capital Taxes Committee of the Law Society, the Society of Trust & Estate Practitioners and was a trustee director of Warwickshire Care Services from 2008 to 2013.

Martin is regarded by Chambers as “hugely respected” and “superbly creative” and by Legal 500 as “technically excellent”. He is also a director of Self Chartered Financial Planners and a non-exec director of Samuel Heath and Sons, which is a long-established and AIMlisted manufacturing business in Birmingham.

Martin joined Lodders from Pinsents in Birmingham in 1988.

Spring 2014

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COMPETITION COMPETITION

Win a Kindle Fire This year we are sponsoring the Children’s Day at Stratford upon Avon Literary Festival. To celebrate our involvement we have a Kindle Fire as a prize for one lucky reader. To enter you’ll need to spot at least five of the book titles hidden in the magazine.

Children’s Day at Stratford upon Avon Literary Festival Sunday May 4 See page 28

Covering a mix of contemporary and classic fiction the titles can be found throughout the pages of Lodders Life.

Top: The Grunts stories by Philip Ardagh Above: Extreme adventurer Jason Lewis at the Stratford Literary Festival

To be in with a chance of winning the Kindle Fire, email

Hollie Coyne at hollie.coyne@lodders.co.uk

with the names of five or more of the titles plus your contact details A name will be drawn at random on Monday 30 June, giving you time to get the Kindle stocked up with your favourite books for your summer holidays.

Alternatively you can send your answers in writing to Hollie at our Stratford office: Hollie Coyne, Lodders Solicitors, Number Ten, Elm Court, Arden Street, Stratford upon Avon, Warwickshire CV37 6PA

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Lodders Life

CASE STUDY

Lodders negotiates National Trust lease for

Eyam Hall

Lodders helped pave the way for the National Trust to take on the management of a historic property in Derbyshire.

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team of lawyers worked on the project that included negotiating the lease of Eyam Hall, a Jacobean mansion in the Derbyshire village of the same name, which came close to being wiped out in the plague of the 17th century.

The manor house has been home to the Wright family for more than 300 years including its current owners, Robert and Nicola Wright.

It features a unique tapestry room, a nursery with toys from 1860 to the present day, precious artifacts and fascinating family mementos plus a resident ghost, Sarah Mills, who drowned in the well and, it is claimed, still answers the night bell! And all under the watchful gaze of portraits of family ancestors.

The house, with associated craft centre, has been open to the public since 1992 but looking to retire, the Wrights, who have moved from the Hall to a house in the village, wanted to ensure the Hall’s story and its role within Eyam’s history continued to be told, so they approached the National Trust.

Following discussions between the Wrights and the National Trust, Lodders were brought in to frame a legal agreement.

The firm, which has an expert landed estates practice, had previously represented the Wrights, with partner Ian Flavell acting. Following his introduction, colleague Steven Baker, a commercial property partner and a specialist in landlordtenant affairs, was brought in to advise.

Steven said: “Undertaking a transfer of control in this manner was somewhat novel as usually buildings go into the care of the National Trust via purchase or gift.

“The lease allows the Trust to run the property and be largely responsible for its day-to-day upkeep.”

These arrangements will help towards securing the future of Eyam Hall. It has been a privilege to be involved in this transfer given the fascinating heritage and historical background.

And it shows the strength of the Lodders’ landed estates practice.

Steven Baker Robert Wright said: “Eyam Hall has been a big responsibility for the family and this link up with the National Trust brings renewal.

“We wanted to see Eyam Hall thrive, bring pleasure to generations of visitors, keep villagers in work and be a major asset to the local economy.

“We are very pleased that the National Trust has taken over its running but we are equally pleased that the family retains a close involvement. It still purveys the intimate atmosphere of a much loved family home.”

A spokesman for the National Trust said it was “thrilled” at the successful conclusion to negotiations. He noted: “It offers us a unique chance to work in partnership with the Wrights as owners of Eyam Hall and the Craft Centre and residents of the local village, to tell the internationally significant story of the plague.”

The Craft Centre is open seven days a week 10am-4pm while the Hall and gardens are open Wednesday-Sunday, 10.30am-4pm.

Below: Steven Baker Below right: Eyam Hall, the front of the impressive Jacobean mansion

Spring 2014

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CASE STUDY

Wootton Park Farm Lodders’ advice and support was invaluable as the McCall family set about transforming their farm into a diversified modern business.

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ollowing a multi-million pounds transformation in recent years, Wootton Park Farm is a venue for wedding receptions, conferences, corporate seminars, meetings, celebrations and private parties.

The business centre, a sympathetic restoration of mature farm buildings that blends with the environment, is used by both large and small companies from a wide range of sectors. It offers firms the ability to work in a peaceful and productive environment deep in rural Warwickshire.

There is a variety of accommodation available. The beautiful 450 year old farmhouse has been painstakingly renovated to retain all the original features. There are four en-suite king rooms in the farmhouse and four en-suite bedrooms in the Bakehouse next door.

Glamping is a glamorous addition, featuring camping pods with all the luxuries of a bedroom but located within a small copse. The pods have double beds, are heated and insulated so they are cosy

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Lodders Life

Sitting in its own 360 acre valley of beautiful rolling countryside, the original farm is now a thriving business centre and events venue offering top quality accommodation in the 16th century farmhouse. even in the depths of winter, with shared shower and toilet facilities next door and breakfast served in a log cabin.

Lodders’ partner Alex Robinson, who specialises in agricultural and rural property transactions and advises Wootton Park Farm, said: “The McCall family have been looking to make the most of their asset. They embarked on a host of successful business ventures and have been highly entrepreneurial in their approach.

Top: The Business Centre has a variety of uses from conferences to weddings.

Right centre: The main 450 year old farmhouse offering luxurious accommodation.

Right bottom: Glamping pods located within a copse on the site.

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CASE STUDY

We’ve always felt this was a special place and if we built an outstanding venue, then people would come. And on the journey we have greatly valued Lodders’ wise advice.

IanRoy McCall, Owner

“Effectively a typical Midlands farm has diversified enormously, generating new income streams, and being turned into an office location, conference centre and leisure facility. It is a highly impressive achievement and in many respects a blueprint for others in the rural community to follow. We are very pleased to be able to advise them as their operation continues to expand.”

The advice has included guiding the farming business in relation to tax planning, succession planning, sales and purchases of agricultural land plus farming partnership and business structure matters; advising on the bed and breakfast business; leases of office units in the converted barn; various planning issues; and general private client work. And the Lodders team has been so taken with the venue that they have held their partners’ conference there.

Wootton Park Farm is a true family concern. IanRoy McCall runs the farming business. His wife, Melanie, handles the bed and breakfast side including the “pods” in the grounds. And sons Mark and Peter are also heavily involved. Mark runs the events while Peter is a landscape gardener.

Because the events business and office lettings are so successful the McCalls have let the majority of the farmland out on a farm business tenancy. The tenant used to contract farm for them and they know him well – he is also a client of Lodders!

All pretty impressive given that sixty years or so ago when the estate was originally purchased it was simply as a “farming retirement

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Lodders Life

Top: The Business Centre has been sympathetically restored in keeping with its surroundings.

Centre left: The interior of the centre is transformed for a wedding celebration.

Centre right: Beautiful countryside scenery and views surround Wootton Park Farm.

Bottom: The setting provides the perfect canvas for capturing celebratory moments.

project”. IanRoy McCall said: “I guess you could say it has been a field of dreams. We’ve always felt this was a special place and if we built an outstanding venue, then people would come. And on the journey we have greatly valued Lodders’ wise advice.”

Mark added: “We like to think that Wootton Park is a perfect, exclusive setting for conferences, meetings and training sessions.

You can expect the kind of individuality and freedom you won’t find at most hotels and other venues. It is a relaxed atmosphere that is truly unique.”

Melanie commented: “Up to 20 guests can enjoy breakfast together around the farmhouse’s huge dining room table and warm themselves by the log fire in the lounge in the winter. All the rooms enjoy views out over the grounds or fields. We do our utmost to help guests enjoy their stay.”

And there are plenty of places to visit in and around the complex. Wootton Park Farm is superbly placed close to historic Stratford upon Avon, Warwick and Leamington Spa, and within easy reach of Birmingham, the wider West Midlands and the M40/M42. Sightseeing opportunities nearby include Warwick Castle, Shakespeare’s Birthplace, RSC Theatres, Stratford Butterfly Farm, Henley Ice Cream and the Saxon Sanctuary. www.woottonpark.co.uk

Wootton Park Farm

Spring 2014

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CASE STUDY

Healthcare Management Solutions Lodders partner Victor Matts has acted for care home operator Tony Stein’s care businesses for approximately 12 years. The most recent of these businesses is Healthcare Management Solutions (HCMS).

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he Wythall-based business was created by chief executive Tony Stein and chairman Kevin Groombridge approximately four years ago and, along with a variety of care home centred services, operates around 80 homes across England, Wales and Scotland at any one time.

Tony said: “Victor is involved in all my care home acquisitions and disposals. I wouldn’t go anywhere else – there is nothing he doesn’t know about when it comes to corporate deals.”

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Victor, who heads Lodders’ business department in the Stratford upon Avon office and specialises in business sales and purchases, responded: “Tony has become a friend – Healthcare Management Solutions is a very well run company.”

HCMS provides care home owners, operators, investors, banks and insolvency practitioners with a one-stop solution to the care home sector. It has a turnover of £4.5 million and employs around 85 people.

There are several different strands to the business – long term management; interim management, often of distressed homes; audit and review; finance; and training.

Under the Canterbury Care banner a number of homes directly owned by Mr Stein are operated by HCMS. Care homes belonging to investors and entrepreneurs are similarly run on a long term basis being outsourced via management contracts to be run by the company.

The interim management side sees the business handle turnarounds, often for banks and insolvency firms.

The audit and review division assesses care home quality against industry best practice, regulation and the Care Quality Commission’s Essential Standards using the IMPaCT® audit tool, developed by HMCS. Management can then deal with any issues which have been highlighted.

A back office finance function is offered as a service to clients.

Then there is a recently launched training arm which organises courses for health care operators on matters such as health and safety, moving and handling residents, and medication programmes.

Tony said: “Our aim is always to improve quality of care for residents and drive up performance and value for our clients. We are trusted experts in all aspects of care home management. That is what we concentrate on – we don’t do hospitals, children’s services or anything else. We have a proven track record in delivering positive results in the most challenging situations.”

Turnaround is where the firm’s expertise can make a major difference. Tony said: “We can be called in for a number of reasons – trading, regulatory issues, contractual problems in terms of fees and standards of care, financial difficulties that have arisen through over-gearing, and management failings.

“HCMS is resourced to take on homes at short notice through a nationwide team of regional managers and a number of peripatetic managers experienced in

taking control of services with problems. It isn’t always about cost-cutting. There are many occasions where, in the short term, due to workforce training needs or the intensity of issues that the service is facing, staffing levels and hence costs actually need to increase before sustainable operating levels can be reached. Quality is at the heart of everything and until that is right, the service can never hope to be successful.”

One example in the last three years involved a 20-strong care home group which had been with the lender’s restructuring team for over 12 months, but where it was decided an independent sector specialist’s viewpoint was required.

Working closely with the business owners, HCMS completed detailed operational reviews at the homes within nine working days. The final report summarised the key issues, home by home, and identified areas where improvements were required. It found that whilst nine homes were performing well and three had some occupancy issues, there were several within the group with serious problems. As a result, management effort could be focused on these and, as part of the review, HCMS prepared action plans for immediate implementation.

Typically, regional managers are responsible for an average of five homes each, low by industry standards but reflecting the many homes taken under their wing which have a history of poor performance and non-compliance and therefore need a lot of Victor is tender loving care.

Victor added: “It is a fascinating story and I am sure that HCMS will continue to go from strength to strength.” www.hcsolutions.co.uk

involved in all my care home acquisitions and disposals. I wouldn’t go anywhere else – there is nothing he doesn’t know about when it comes to corporate deals.

Tony Stein, Healthcare Management Solutions

Spring 2014

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CASE STUDY

Bromwich Hardy - the complete property solution

Bromwich Hardy was established in 2008 and the partners have worked extremely fruitfully with Richard Ollis at Lodders and more recently, real estate partner Paul Mourton.

Tom Bromwich gives his view of the state of the commercial property marketplace for 2014 and beyond.

For Bromwich Hardy and for Lodders, 2014 started with a bang with both firms extremely busy. In part this was the result of growing signs of recovery, and in part the confidence that springs from that.

With a resurgence in the general commercial property market, we have now started to see signs of speculative development coming back – something hardly heard of or seen in the past six years.

Above: Tom Bromwich of Bromwich Hardy

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romwich Hardy is a small, dynamic property consultancy and agency based in Coventry.

The firm was founded by Richard Hardy and Tom Bromwich, who have over 55 years of experience between them.

Tom Bromwich says: “We have a close working relationship with Lodders, and with Paul Mourton we have been able to refer major clients to each other as we work very well together. Lodders provide practical legal advice and are a pleasure to work with on behalf of clients as we are both working to the same end – a successful conclusion and a happy client.”

Mutual clients now include St Modwen, A C Lloyd, Cobalt Developments, Banana Moon Day Nurseries, Valhalla, Caribou, Helicentre Aviation and H F Hales & Sons, and the list will continue to grow.

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Warwick developers A C Lloyd have recently pre-sold 14 industrial units which is proof positive that demand is catching up with supply and the industrial sector is going from strength to strength.

Investment yields are falling and there is a weight of money – both private and corporate – now chasing too few investment opportunities.

The story is equally true in the office market. Quality existing stock in Grade A locations is seeing strong demand and is being snapped up.

This is reflected in the growing evidence that demand is catching up with supply but in the High Street the recovery is still patchy. National chains are still nervous but regionally based retailers seem more upbeat and are doing well in towns such as Leamington Spa, Warwick, Market Harborough and Stratford.

In residential development, we are seeing strong demand from the national house builders for brownfield sites and there is growing take up of the option to convert office

Top: Helicentre Aviation, 20,000 sq ft hangar and offices, Leicester Airport Above left: Developer Stoford / A C Lloyd, 10,000 sq ft office building, Castlegate Business Park, Dudley Above right: Developer A C Lloyd, total size 22,500 sq ft , Trident Park, Leamington Spa

space to residential use. In Leamington Spa, for example, we have seen Villiers House, some 40,000 sq ft owned by the BBC Pension Fund, which Spitfire Homes is planning to convert.

The big question that will affect the economy in general and the commercial property market in particular is what will happen after the General Election next year. The markets will be looking for a more decisive election result and with capital growth forecast to begin slowing in 2018, it is essential that elements such as interest rates and inflation are kept under control by the next Government.

But, and this is the big but – the banks are still not making life easy. Despite various government inspired initiatives, there are still too many restrictions and too many costs in dealing with banks. A lot of new development, particularly in the residential market, is coming from reserves or private money in the case of smaller developers, but this is not a bottomless purse.

We need the support of the banks, and their actions have to speak louder than their words – which constantly tell us they are open for business, when clearly many still are not.

But on the positive side we are very upbeat about the coming year in commercial property, and this has led us to recruit graduate surveyor Simon Johal who has joined us this year – further evidence of our own caseload and our more positive view of the marketplace. www.bromwichhardy.co.uk Spring 2014

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Legal updates

The responsibilities

of living by a river Having a stream, brook or river through or abutting your land may seem idyllic, but it does bring with it responsibility for repair, maintenance and flood defence. Alison Wacey, a partner in Lodders’ Private Property team highlights the responsibilities.

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s we saw earlier this year flooding hit extensive areas of Britain including parts of the Midlands and Gloucestershire.

Many people have had their homes inundated, villages were cut off, farmers exasperated and insurance bills rocketed.

“The good news is that you do have a right to protect your property and are allowed to carry out your own flood defence work.

Indeed, one of your duties is to be responsible for protection of your land from flooding.

However, you will need permission from the relevant authority which will depend on the type of watercourse, but usually the Environment Agency.

“There is no duty to improve the drainage capacity of a watercourse but you do have to accept flood flows - even if caused by inadequate capacity downstream. If you own land that has a watercourse running through it, it is assumed that stretch of water is owned by you. Where the boundary of your land is next to a watercourse it is assumed that you own the land covered by the water up to the centre of the stream, unless the title belongs to someone else. You may need to check the deeds if there is a wall or hedge running alongside as to whether this defines your boundary or the watercourse.

“The ownership of part of a watercourse brings with it both rights and responsibilities. You will be responsible for keeping the watercourse banks clear of anything that could cause an obstruction

and you are also responsible for the maintenance of the bank, and all trees and shrubs growing on it and your half of the bed of the watercourse. You will also usually be responsible for ensuring and carrying out any works necessary to reduce bank erosion.

“In most circumstances that riverside cottage probably is an idyll, but you need to know your duties, your rights and, most importantly, possible drawbacks.”

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

Flexible working rights extended T

he right to request flexible working is to be extended to all employees with 26 weeks’ service from 30 June 2014.

Currently the right to request flexible working only applies to employees who qualify as parents or carers. From 30 June 2014 all employees will be able to request flexible working and the employer will be required to notify the employee of its decision within a ‘decision period’ of three months of the application (or longer if both

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the employer and employee agree). The restriction on employees only being able to make one flexible working request in any 12 month period does not change.

For more information please contact Mike Wakeling on 01789 206102 or at michael.wakeling@lodders.co.uk

Boost for barn conversions F

armers are set for an economic boost from the easing of restrictions on barn conversions. Alex Robinson, a partner in Lodders’ agricultural team hailed the recently announced Government decision.

“Prior approval still has to be granted by the local planning authority in terms of highways, ecology, flood risk, other environmental issues and listed building consent.”

She said: “This change to planning practice including amendments to the Permitted Development regime for agricultural buildings will be welcomed by farmers, landowners and the wider rural community.”

Critics have claimed that a new wave of barn conversions might damage rural areas, but Alex disputes this.

“Many barns, particularly the smaller, traditional buildings located around the farmyard, are no longer fit for purpose on the farm,” she said. “Many people wish to remain in their rural community or move away from towns rather than live on the larger developments which are currently planned and the ability to convert buildings will give a wider variety of housing supply.” Its economic effect could also be important. “This will support the rural economy and could, for example, safeguard the future viability of a farm for the next generation.”

Under the new regime, some redundant or under-used agricultural buildings up to 450 sq m (4,850 sq ft) per farm could be developed to provide a maximum of three houses. In addition, there will be the opportunity to convert farm buildings into state-funded schools and registered nurseries of up to 500 sq m (5,381 sq ft).

The changes will not apply in National Parks, Conservation Areas or Areas of Outstanding Natural Beauty, a move which has appeased opponents but also seen expressions of disappointment from those farms and estates located in these areas, albeit the Government has said it expects national parks and other local planning authorities “to take a positive and proactive approach to sustainable development, balancing the protection of the landscape with the social and economic wellbeing of the area”.

Alex said: “It should also be noted that Permitted Development rights do not mean that landowners can simply do what they like with their buildings.

The Department for Communities and Local Government has stressed that farmers would not be allowed to “demolish cow sheds or outbuildings”, only to convert or renovate them. Until now, farmers and landowners wanting to make better use of empty or under-utilised buildings have faced tougher restrictions. The changes were unveiled

by Planning Minister Nick Boles following a consultation exercise.

Contact Alex Robinson on 01789 206931 or at alex.robinson@lodders.co.uk

ACAS reforms aim to reduce employment tribunal claims A

CAS launches its Early Conciliation service on 6 April 2014, which means that anyone thinking about making an employment tribunal claim will need to contact ACAS first.

ACAS will then offer early conciliation to try and resolve the dispute quickly and cost effectively. Amrit Rama, solicitor in Lodders’ dispute resolution team, explains the new system.

“As part of its plans to make the tribunal system more efficient, the Government has imposed a duty on employers and employees to attempt early conciliation (EC) of employment disputes before a tribunal claim is issued. The ultimate aim of these changes is to reduce the number of claims reaching the tribunals. If the parties enter into EC this will “stop the clock” on the limitation period to present the claim to the tribunal. There is a four-step procedure that must be followed: Step 1: The prospective claimant must send to ACAS the “prescribed information” in the “prescribed manner”.

Step 2: An early conciliation support officer will then contact the prospective claimant and confirm that they wish to proceed. At this point the claimant’s information is sent to a conciliation officer.

Step 3: The conciliation officer must try to promote a settlement within a “prescribed period”.

Step 4: If a settlement is not reached, either because the conciliation officer considers that settlement is not possible, or because the prescribed period expires, the conciliation officer must issue a certificate to that effect. The prospective claimant will be unable to pursue most tribunal claims without this certificate.

“Where both parties have agreed to participate in the conciliation process, the conciliator will have one month from the date of receipt

by ACAS of the prospective claimant’s completed early conciliation form to promote a settlement between them. This can be extended

by ACAS for up to two weeks where the conciliator considers that there is a reasonable prospect of achieving a settlement by the end of the extended period and both parties agree to the extension.

“In reality, some respondents will refuse to conciliate knowing that the claimant faces a £250 fee to bring a claim.

“ACAS early conciliation applies to everything except some very limited exceptions. Lodders’ employment team is on hand to help both employers and employees get to grips with the new system.”

Contact Amrit Rama on 01789 206933 or at amrit.rama@lodders.co.uk Spring 2014

19

Private Client update

Protecting families for generations At the time of writing in mid-March we have over 180 delegates registered to attend the Lodders private client seminar which is taking place at Ettington Chase on 11 April.

Nothing is more important than supporting and protecting those you love and Lodders’ private client specialists will cover topics such as care fee planning, Lasting Powers of Attorney, effective wills, inheritance tax planning, trusts and lifetime gifts.

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Lodders Life

To be kept updated with Lodders’ future events, please contact our marketing and events co-ordinator Hollie Coyne on 01789 206113 or at hollie.coyne@lodders.co.uk

Introducing the Care and Capacity team It is not unusual for people to live 30 years past their retirement date and this has brought the whole issue of how we care for our elderly relatives into the spotlight.

A

cross Lodders’ three offices in Cheltenham, Stratford upon Avon and Henley in Arden, we have a dedicated team of highly skilled, qualified and experienced lawyers who understand that planning for the future means preparing for the unexpected.

The team is led by partner Sofia Tayton and includes the highly experienced Henley in Arden based partner Helen Rowett and associate Emma Vaqueiro.

If you or an elderly relative are faced with the decision that it is time to consider moving into a nursing or care home, there are some very important issues to understand. Not only is choosing a long-term care residential or nursing home a major decision, the worries about funding this choice can be daunting. Lodders can help you to understand the choice of homes available and how you can fund them.

This includes researching your eligibility for fully-funded NHS care, for which many clients have been told,

incorrectly, that they do not qualify. Then, should you need to rely on someone to assist with your finances in the future, Lodders can help.

This can be a complicated and highly specialised procedure, with three separate areas to deal with: Enduring Powers of Attorney (EPAs), Personal Welfare Lasting Powers of Attorney (LPAs) and Property and Affairs LPAs. It is vital that professional advice about these documents is sought before they are prepared or registered. Lodders can help you to make sure that procedural requirements are followed, and that all duties and responsibilities are understood.

If an individual loses the capacity to deal with their affairs before they’ve prepared an EPA or LPA, it is necessary to apply to the Court of Protection to appoint a deputy. This can be a family member, friend or professional advisor.

The procedure involved in appointing a deputy is complicated. We will make this as straightforward as possible, while providing advice to attorneys and deputies on preparing accounts, making gifts and applying for statutory wills.

A loss of independence is daunting, but Lodders’ specialist Care and Capacity team can help you to tackle it with more confidence.

Sofia Tayton is head of Lodders’ Care and Capacity team and a member of Solicitors for the Elderly. She specialises in mental capacity issues and helping elderly and vulnerable clients with applications to the Court of Protection. She also has experience of handling cases involving NHS care funding. Sofia is the joint regional coordinator of the Warwickshire and Worcestershire branch of the Solicitors for the Elderly and was appointed to the Office of the Public Guardian’s Panel of Deputies in 2011.

Sofia Tayton, Partner T: 01789 206151 E: sofia.tayton@lodders.co.uk As well as her large UK base of elderly clients, Helen Rowett has a good working knowledge of the Spanish legal system and regularly advises the families of British expatriates living in Spain on care and capacity and Court of Protection matters. Helen has exceptional experience in dealing with large personal injury and medical negligence awards, including acquired brain injuries and cerebral palsy.

Helen Rowett, Partner T: 01564 796843 E: helen.rowett@lodders.co.uk Appointed to the Office of the Public Guardian’s Panel of Deputies in 2011, Emma Vaqueiro has notable expertise in dealing with complex and contested matters on behalf of elderly and vulnerable clients, and advising in relation to mental capacity issues, elder abuse and care funding. Emma is also joint regional coordinator for the Warwickshire and Worcestershire branches of Solicitors for the Elderly.

Emma Vaqueiro, Associate T: 01564 796842 E: emma.vaqueiro@lodders.co.uk

Spring 2014

21

Planning for pension auto-enrolment Help and advice for employers

9million

new pension savers to be created by Feb 2018 Royal telegrams sent for 100th birthdays

1917 2011 2051 The automatic enrolment provisions are in force and the staging dates are fast approaching for medium sized and smaller employers.

U

nder the pension auto-enrolment provisions, employers will have to automatically enrol certain workers into an eligible pension scheme.

In addition, employers will have to pay a minimum level of pension contributions or provide a minimum level of benefits for their workers.

Auto-enrolment represents an unavoidable time and financial investment but, by planning early, you can minimise its impact upon your business. Early planning can also help you to ensure you have a choice of pension scheme as many pension providers are reporting that their schemes are filling up very quickly.

Lodders recommends that business owners and their HR teams begin the auto-enrolment planning process at least 12 months ahead of their staging date, which, for businesses employing 50 people is April 2015.

All businesses in the UK must be compliant by 2018 at the very latest.

Kim Klahn, associate in Lodders’ employment team said: “The Pensions Regulator’s own commentary reveals that automatic enrolment into NEST or qualifying workplace pension schemes will eventually affect 1.34 million employers, the vast majority of which are small to medium sized businesses.”

“If you make a start well in advance of your staging date, you and your staff can get to grips with what they need to

22

Lodders Life

22 9,736 25,000

*projected

£15.4 billion estimated set-up costs for all employers

do to comply with their new responsibilities, understand how to use a compliant company pension scheme, begin enrolling staff, ensure that the company pension scheme integrates with HR and payroll systems, choose a date to start contributing to the company pension scheme that is convenient rather than a last minute rush and enrol staff in stages, rather than all at one time.

Kim adds: “Whilst auto-enrolment can seem quite daunting, we have seen some excellent examples of businesses really embracing it and using it as a benefit to attract high quality staff. As the economy picks up there is undoubtedly competition for talented people and a decent pension offering can help a business secure the talent it needs.”

Lodders’ online HR and employment tool, Empline, can help you to manage compliance with the regulations by: • Recording wages, age and hours information to help you assess eligible workers • Storing information for reporting to the Pensions Regulator • Giving access to template letters for consulting with and informing the workforce • Reviewing contracts of employment For help or advice on auto-enrolment or to find out more about Empline, contact Nikki Adams on 01789 206913 or at nicola.adams@lodders.co.uk

Lodders can keep you on track as HS2 project develops

HS2 remains as controversial as ever even though the justification for it seems to be changing.

T

hat is the view of Alastair Frew, the Lodders real estate partner who has led the firm’s response on behalf of clients.

There are still many critics but all the legal challenges have so far been overcome and perhaps only a collapse of political will could now derail the £50 billion scheme. A point emphasised

by Sir David Higgins who took up his role as chairman of the HS2 project at the start of the year.

Many question marks remain, particularly on the cost and timeframe, but interestingly Sir David and David Cameron now seem to be placing the emphasis firmly on capacity rather than speed. The very title HS2 put speed at the forefront; the title has not changed but HS2 is now seen as the white knight with great expectations that it will save the railways from overcrowding and gridlock. Without it, demand on Britain’s straining railway network will leave people waiting on platforms and unable to board full trains, Sir David has maintained.

The West Coast line was performing at capacity and showing the strain as the busiest mixed use railway line in Europe – it was “unbelievably packed, absolutely heaving”. He noted: “You won’t get on trains. It will be like the Piccadilly Line at peak hour. Usually I stand for three trains before I can get on. You’ll be doing that at Milton Keynes. You’ll be forming queues to get on trains.” In contrast HS2, which has a first phase which runs from London to Birmingham, due for completion in 2026, offers 18 trains an hour in each direction.

Meanwhile, for those affected by the line of the route, compensation and blight is the main concern. Owner occupiers within the safeguarded area of the proposed line – typically a corridor 120 metres wide – will have their property compulsorily purchased.

Successful applicants will receive the unblighted open market value, plus 10 per cent up to £47,000 and moving costs.

But for some landowners outwith the corridor yet still adversely affected, for example by noise, it could take more than a decade to get compensation. Alastair stated: “Those blighted but outside the compulsory purchase order zone are likely to come off worst. They will not know where they stand until a year after the new railway has begun operating. HS2 will then assess the impact of the line on the property, see whether the concern can be mitigated or addressed, and only if it can’t will they pay out an as yet unspecified amount.

It is these land and property owners who will have the whole thing hanging over them for years and years.”

Alastair cautioned that all in all too many people living near the line were in the dark as to whether or not they were due compensation, how much they might get, and when they would get it. “For example hundreds of roads are being re-aligned, moved or closed – what happens if your house ends up hard up against a busy highway? The problem continues to be this lack of clarity.

We need crystal clear rules. It is too hit and miss. It is the uncertainty which is the killer – people don’t know if they will get nothing or, perhaps in three or four years time, get something.”

The detail is shrouded in mystery. Home owners need to have confidence in the compensation system. We at Lodders will do our utmost to keep our finger on the pulse and argue the case in the interests of clients.

Alastair Frew, Lodders Real Estate partner

Spring 2014

23

Profiles

Spotlight on...

Mike Borg Taking a leaf out of his beloved West Bromwich Albion’s book of sound financial management, Lodders’ finance director Mike Borg has played a crucial role in steering the firm through recessionary times into strong doubledigit growth.

We are now enjoying strong and sustainable growth, which secures our independence and offers excellent future prospects for both staff and clients.

24

Lodders Life

M

ike joined Lodders in 2006 from Barclays Bank, where he had formed strong relationships with the firm’s senior management team as their bank manager.

This meant that Mike arrived at Lodders with a good appreciation of the firm’s financial structure as well as an insider’s understanding of what the bank was looking for, as he explains: “Cash is vital, which means you need good management of working capital, from controlling overheads to making sure there isn’t too much money tied up with slow payers. We took action early on late payers and this had a big impact on cash-flow. We have also been wise with our property costs and taken some tough decisions when we’ve needed to keep staff costs under control when the market contracted.”

Mike works closely with the firm’s partners to keep the financial measures on track and to support them with getting the work done at the right level.

“Monthly partners meetings include a full section on financial matters and regular staff representative meetings ensure everyone has a clear picture of how we are doing against our key measures. We’re fortunate at Lodders that the partnership takes the long view: we don’t overstretch or live beyond our means – the partners focus on the future and not just short term gains.”

Paul Mourton Real Estate partner Paul Mourton joined Lodders from Charles Russell in 2008.

H

e is now, together with Robin Beckley, leading the firm’s charge into Cheltenham.

“We saw a gap in the market for highly personal, quality legal advice for private business and private individuals - and went for it” explains Paul. “And, with a significant proportion of Lodders’ clients being based in the Gloucestershire region, the new Cheltenham office makes excellence business sense.”

business centre and an incredibly affluent area - feedback so far is suggesting that the Lodders’ highly personal approach to legal advice is going down extremely well.”

Lodders’ Cheltenham office is located in a Grade II listed Regency building in Imperial Square and was opened at the end of September 2013. The office is based on the firm’s core legal services in private client, agriculture and property.

Paul also spends some time each week in the Stratford upon Avon office where he maintains a strong network of Midlands-based clients and contacts, which he has successfully built up since joining the firm.

“We opened the office in response to demand from existing clients but also in recognition that Cheltenham genuinely lacked a private client focused firm. It’s a large and active

“My family has a long business association with Cheltenham and I live on the edge of the town so, in many senses of the word, it has felt like a homecoming.”

“With the property market seeing a definite upturn, Lodders’ talented Real Estate team is very busy at the moment on a good mix of residential and commercial development work across both the Midlands and Gloucestershire.”

Rebecca Freeman Rising star Rebecca Freeman qualified at Lodders just over two years ago and works alongside partners Nick East, Mark Lee and Alastair Frew in the Real Estate team.

I

n March 2014 Rebecca joined Lodders’ Business Development Committee (BDC), which is the main decision-making and planning forum for the firm’s burgeoning marketing activities.

Marketing director Hilary Campton explains: “The BDC plays an important role in helping to shape the marketing and communications strategy at Lodders and we recognised the importance of having a member to represent the younger lawyers within the firm. In addition to being a talented lawyer, Rebecca is a great example of how you can embrace marketing and business development from an early point in your career.”

Rebecca is also Chair of the Warwickshire Law Society’s Young Lawyers Group, sits on the committee for Coventry & Warwickshire First Young Professionals and is involved with Lodders’ charity and social committees.

So what advice would Rebecca give to anyone considering becoming a lawyer?

“It is definitely getting harder, with the nature of the legal profession changing and also the recent recession having an impact. There is a lot of competition for training contracts and then for newly qualified jobs.

I would say: be confident, get some work experience and talk to other young lawyers locally – show the firms you apply to that you are committed, both to them and to a career as a solicitor.”

Spring 2014

25

People news

Update NEW RECRUITS Welcome to...

Mark Lewis, one of Warwickshire’s best known corporate lawyers joined Lodders at the start of the year, bringing significant experience in advising charities and not-for-profitorganisations as well as a strong background in corporate and commercial law.

Formerly a partner at a large regional law firm, Mark will work with Lodders’ head of commercial law Victor Matts to build the firm’s client base in the West Midlands, Warwickshire and Gloucestershire.

Victor said: “Mark’s decision to join Lodders reflects on our growing reputation both within the industry and also in the marketplace we serve. He comes with a formidable array of references from the legal industry “bibles” Legal 500 and Chambers, and we are very pleased to have his experience and contacts available both to our clients and our younger lawyers here.”

People news from the Lodders camp.

Commercial property specialist Constantine Berry has joined our Cheltenham office and will be working with Paul Mourton and Robin Beckley.

Constantine has broad experience in commercial property, including acquisitions and disposals, lease negotiations on behalf of both landlords and tenants and sale and leaseback transactions.

He can also provide specialist assistance in relation to the disposal or acquisition of pubs. He has a particular interest in insolvency-related matters and has advised trustees in bankruptcy, administrators and liquidators on residential and commercial transactions.

Paul Mourton said: “Constantine’s arrival is the first of a number of key appointments we plan to make in 2014 as we grow our Cheltenham office in response to client-led demand in Gloucestershire and the Cotswolds.”

Mark added: “I chose to join Lodders because of the firm’s established reputation as a successful regional law firm with solid historical roots, an excellent reputation and a commitment to growing in a competitive marketplace.

Above: Constantine Berry

Bradley Roberts joined in March to start his two year training contract with Lodders. Bradley joins fellow trainees Amy Bloomer, Lauren McGurk and Krishna Gokhani, who all have their sights firmly set on careers as successful lawyers.

Above: Rod Bird and Mark Lewis

“I very much look forward to continuing to work with charities and not-for-profit organisations as well as carrying on with my corporate and commercial work.”

He is a consultant editor of the Law Society’s book on the Companies Act 2006, a contributing editor to Butterworths Corporate Law Guide and a former contributing editor of Butterworths Corporate Law Service.

He is currently the Chairman of the lawyers in the UK200 Group a group of lawyers and accountants looking after the needs of the SME sector. Locally, he is also a branch committee member of the Coventry and Warwickshire Chamber of Commerce and a member of the Charity Law Association.

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Lodders Life

Henrietta Brooks also joined Lodders in March and will be working alongside Sofia Tayton in the Care and Capacity team.

Henri’s role includes visiting our vulnerable clients, a very important part of the service we offer through the care and capacity team.

DEPARTURES And we say goodbye to five stalwarts of the firm as Erica Foster, John Waldron, Sarah Salmon, Sue Pepper and Kay Shaw will be leaving. Between them they’ve clocked up a remarkable 74 years at Lodders and we wish them all the very best for the future.

Summing up the team Lodders has been around for over 225 years but we’re proud to say that 21.6% 48.7% 21.6% 2.7% we blend our heritage and tradition with a5.4% diverse and modern outlook.

We asked our lawyers to tell us about their backgrounds and then sliced 21.6%21.6% 48.7%48.7% 21.6%21.6% 2.7% 2.7%5.4% 5.4% and diced the numbers to give you an insight into our law firm.

What did you study at university?

21.6%

48.7%

21.6%

2.7%

General statistics 5.4%

61 fee earners, including:

37

female lawyers

Didn’t go to university

Law

Arts-based degree

What sort of school did you go to?

Science-based degree

Other degree

How old were you when you qualified?

15.15% 39.39%

21.62% 56.76%

21.62% 21.62% 56.76% 56.76%

4

trainee solicitors

18 who trained with Lodders

6.06%

15.15% 15.15% 39.39% 39.39%

6.06% 6.06%

29.73%

39.39%

29.73% 29.73%

39.39% 39.39% 15.15% 39.39%

21.62% 56.76% Fee-paying school

Grammar school

6.06% Comprehensive school

29.73%

The partnership

35+ yrs 31-35 yrs

25-30 yrs 21-25 yrs

22 partners – 6 are female

39.39%

What route did you take to qualifying as a lawyer?

55.7% 55.7%55.7%

Law degree then 55.7% Law Society Finals / Legal Practice Course

19.4% 19.4%19.4%

Non law degree then 19.4% conversion course and LSF/LPC

24.9% 24.9%24.9%

Chartered Institute 24.9%

30

Youngest person to make partner Louise Igoe at 30

of Legal Executives

Spring 2014

27

Sponsorship is kids’ stuff for Lodders Lodders is very proud to be sole sponsor of the Children’s Book Day at this year’s Stratford upon Avon Literary Festival.

The event, taking place on Sunday, May 4, has attracted a string of leading authors and illustrators including Alison Milford, Nicholas Allan, Axel Scheffler and Nick Sharratt.

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Lodders Life

Opposite: The Grunts illustrated by Alex Scheffler Top left: Anthony Pedley reads Roald Dahl Above left: Jon Snow at the Festival Above right: The Gruffalo

H

ilary Campton, marketing director at Lodders said: “This will be the seventh year of the festival and we have enjoyed supporting it in the past.

author of Hilltop Hospital, a book that has been adapted into a BAFTA-winning television series for CITV. The series has been shown in over 40 countries.

“To sponsor the Children’s Book Day is a wonderful opportunity. All of us at Lodders are committed to the wider community – the firm has a passion for learning.

We are very much behind anything which encourages children to read more books. The festival team has put forward an inspiring and interesting programme.”

Alex Scheffler is a German born illustrator of many books including The Gruffalo.

The Children’s Book Day runs from 10am to 4pm and is taking place at the independent co-educational Croft Preparatory School at Alveston Hill on Loxley Road.

Annie Ashworth, festival founder, said: “We are thrilled that Lodders has committed to sponsor the Children’s Book Day– their backing is hugely appreciated. It will be a great occasion – children love it and there are some charismatic authors attending who will grab their attention.”

Alison Milford is a children’s author, educational writer and story teller. Her published writing includes a wide range of resource books for foundation and primary teachers, resources for pupils, home education books, poetry, plays, fiction and non-fiction books for children from two to thirteen years. She regularly runs writing workshops and performs as a storyteller.

Nicholas Allan is the author/illustrator of over 30 children’s books. Many are bestsellers, including The Queen’s Knickers, Jesus’ Christmas Party, Cinderella’s Bum, The Dove, and Where Willy Went. His books have won awards and been translated into 20 languages. He is also the

Nick Sharratt is a British illustrator and author. He has illustrated around 200 books, including over 40 by awardwinning author Jacqueline Wilson, among them The Lottie Project, Little Darlings and The Story of Tracy Beaker which was the most borrowed library book in the UK for the first decade of this century. The books on which they have collaborated have sold more than 30 million copies in the UK and sales of picture books illustrated by Nick exceed nine million.

Tickets, on sale now, cost £20 per child (4-11); £35 for two and £15 per subsequent child; or £5 per session.

The charge for adults is £15 for the whole day or £3.50 per event. www.stratfordliteraryfestival.co.uk/ www.stratfordliteraryfestival.co.uk/event/childrensbook-day The Festival, April 26 to May 4, is an exciting mixture of debate, ideas, workshops and humour. It is an opportunity for people to meet their favourite authors and celebrities, but also provides the chance to learn new skills and offers advice to those wanting to pursue a career in writing.

Spring 2014

29

Charity and community

Lodders calls for law change

to help abandoned horses Helen Gough, an agricultural lawyer at Lodders has launched a high profile campaign to change the law on the abandonment of horses.

W

ith coverage on local radio, television and in print, Helen is galvanising support from across the community, not least from Stratford upon Avon MP and equine enthusiast Nadhim Zahawi. Helen has been on the road calling on the Government to change the law to enable the Police, RSPCA and local authorities to work together more easily.

She said that the potential to rescue abandoned and suffering horses was being severely restricted by the law as it stands. “Complaints investigated by RSPCA inspectors have risen 16-fold and the Redwings Horse Sanctuary, which has a site near Stratford upon Avon, said calls concerning abandoned horses were up by 75 percent.

potentially suffering horse is both long winded and overbureaucratic,” she said.

She added: “The landowner is unable to do the right thing because he is stumped each way he turns and hit with costs. The RSPCA will not get involved in matters where horses are abandoned on private land so unless the horses are in a terrible state they will leave them there for the individual to deal with and this is where the problems arise.”

She said a fast track system was needed in which the Police and the local authority can step in to take action quickly and enable the RSPCA or similar charity to remove horses to designated sites.

“We need action across counties so that the movement of abandoned horses is coordinated and the need to transport them over distance is limited as much as possible.

We need to establish registered horse transporters who can, under the law, enter land and remove horses, regardless of whether or not they have a passport. We then need the care of the horses and their subsequent sale on to be vastly simplified so that action can be taken to limit their suffering and protect their wellbeing.

“A report issued in 2013 by a number of horse welfare organisations, including the RSPCA, Blue Cross, British Horse Society, Redwings and World Horse Welfare, warned that over 7,000 horses were at risk of abandonment,” she said.

“The Government needs to introduce legislation targeting ‘fly grazing’ – abandoning horses on private land without permission – to make it easier for enforcement agencies and landowners to take action where horses are abandoned.

Helen is also calling for an overhaul of the failing horse passport system that is intended to link horse with owner.

Some 70 per cent of horses received by the RSPCA have no passport. “We currently have the untenable position where a private landowner cannot move horses abandoned on private land because without a passport it is illegal to move a horse – the fine for doing so could be as much as £5,000. The procedure to try and help an abandoned and

30

Lodders Life

“Legislation is the solution in the long term, but we need DEFRA to be able to make orders in the interim to help ease this desperate situation,” she said.

Helen has teamed up with Redwings, as part of the Equine Crisis Group that was instrumental in introducing the Control of Horses (Wales) Act 2014, which came into force on 28 January of this year. The Agricultural Law Association and the NFU have also given their full backing to the campaign.

Helen is now in the process of putting together a list of proposals to put before parliament for the changes to the Animals Act 1971 that will be required to obtain the results we need in order to tackle this fast growing problem.

Contact Helen with suggestions on 01789 206169 or at helen.gough@lodders.co.uk. An epetition is open until 17 May at epetitions.direct.gov.uk/petitions/60985

There’s much more to Lodders than the bottom line For over 225 years we have been committed to playing an active role in our local communities, from raising money for charity through to sponsoring and taking part in sporting and cultural events across the region. Senior partners lead by example and we encourage all our people to get involved with our community and charitable activities.

Katherine gets her running shoes on K

atherine Burge, a solicitor in Lodders’ agricultural team has got the London Marathon firmly in her sights. The April 13 event will be her first attempt at the gruelling 26 miles 385 yards distance.

She is running on behalf of Lodders and in aid of the firm’s chosen charity – the Heart of England Community Foundation. “It is quite a challenge,” she admitted. “It is my first marathon and everything aches!”

With the backing of all of Lodders’ staff and partners, Katherine’s target is to raise £4,000, which, with Gift Aid, would take it up to £5,000. She is hoping to raise £1,500 from family and friends.

She added: “The Community Foundation is a tremendous charity which does a great deal of good work. The Virgin London Marathon is one of the great British sporting events – I am really looking forward to participating.”

Mike walks over hot coals for Shakespeare Hospice

D

ispute resolution partner Mike Wakeling took the concept of mind over matter to a new level recently when he took part in a firewalk to raise money for Stratford charity the Shakespeare Hospice.

“The coals are 1200 degrees Fahrenheit and skin burns at just 600 degrees – so you have to have a controlled walk across them, but at a decent pace” Mike explained.

He added “We had a two hour motivational session beforehand to get us ‘into the zone’ and, amazingly, I didn’t feel a thing as I walked across.”

39 people took part, raising a total of £5,000 for the charity.

Senior partner David Lodder said: “This is a lovely gesture by Katherine. Charitable giving is a part of the Lodders’ ethos – it will be a great experience for her and we hope she can raise some substantial funds for the valuable work carried out by Heart of England.”

To sponsor Katharine visit her fundraising page http://uk.virginmoneygiving.com/KatherineBurge1

Dementia Friends Champions

H

elen Rowett, Emma Vaquerio and Sofia Tayton from Lodders’ Care and Capacity team have trained to become Dementia Friends Champions - part of an Alzheimer’s Society initiative, funded by the Cabinet Office and Department of Health.

The scheme, which was launched in 2013, recognises that those with dementia often need a helping hand to go about their daily lives and feel included in their local community.

Helen, a partner based in Lodders’ Henley office said: “By training to become Dementia Friends Champions we are committed to spreading awareness of the illness, of the early signs and of the help and support which is available for people with dementia, their families and carers.”

Above: Helen and Emma

The scheme is looking to create a network of a million Dementia Friends across England by 2015. To find out more about Dementia Friends visit www.dementiafriends.org.uk Spring 2014

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Social media

The tweeting farmers Are the symbols @ and # part of your everyday life? No? Then you are missing out on the social media explosion in the farming and rural communities!

I

f anyone had suggested a year ago to Lodders’ agricultural partner Alex Robinson that she would spend a day talking about social media (mainly Twitter) with farmers, equestrian specialists, agri-consultants, banks and the NFU (to name but a few) she would have politely suggested that they needed to lie down in a darkened room! But that is exactly what she did when she joined the ‘Twitter in the Farmyard’ day in Warwickshire.

Sponsored by BIAC (British Institute of Agricultural Consultants), this was the brainwave of Simon Haley and Jill Scrivener of Reading Agricultural - or @halo42 and @jillScrivener as we know them - and the #agrichatuk team. Yes it’s those funny symbols again.

Through Twitter you can ‘listen’ to conversations between users, let everyone know what interests you and find groups which are specific to your work and your interests.

You will find conversations about TB and the badger cull, chinese lanterns, blackgrass, equipment, HS2, point to points, Formula 1, milking, lambing, world news headlines, traffic updates, the harvest and of course the weather.

Professional bodies including the CLA, NFU, Tenant Farmers Association (TFA), Agricultural Law Association (ALA) and Government departments such as DEFRA and the Environment Agency all have Twitter accounts.

Farmers, smallholders and a wide variety of agricultural businesses use Twitter as a way to market their business and also to communicate their value and engage with the wider public.

One of the most prominent tweeting farmers is a shepherd in the Lake District known to the world only as @herdyshepherd1. He wanted to talk about the ancient tradition of rearing and grazing Herdwick sheep on the fells and started tweeting and posting photographs of his flock and the land which they graze. Herdwick Shepherd had followers numbering in the hundreds and then in late March 2013 it snowed. The photographs of the hazardous conditions of the fells in the deep snow and the daily difficulties of getting food to the flock (which then started to lamb) went viral and twitter became a powerful communication tool for Herdwick Shepherd and his local compatriots.

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I find that using Twitter is both a social and educational tool. I read about the issues facing the farming industry; I read up on legal cases and legislation; I chat to farmers, land agents, accountants, lawyers and friends and I can make my own comments and posts of information I want to share. Through all of these channels I can be ‘introduced’ to a diverse community, some of whom I may even meet in real life one day - meeting my virtual friends at Twitter in the Farmyard was an exciting, if slightly surreal, experience but we chatted in real life as we do on Twitter.

But being a lawyer, I will have to include an enthusiasmdampening word of warning - a Tweet is there in the virtual world for all to see and can never be totally removed even if you delete it.

To quote @No1FarmerJake, social media is like toothpaste – once it’s squeezed from a tube you can’t put it back!

so l i ci to r s

Lodders Solicitors @LoddersLawyers Lodders is an established & thriving law firm that is built on providing outstanding legal advice to private individuals and private business.

Stay up to date with our latest news and follow us on twitter @lodderslawyers @emplinelodders @loddersdisres

The day the music died

That music collection you have carefully built up over years on iTunes does not belong to you and you cannot pass it on via your will as private client partner Sofia Tayton explains.

In the good old days of vinyl records, cassettes and CDs, your uncle could leave you his proudly archived collection of Grateful Dead and Velvet Underground LPs. But now people are finding that when someone passes away, their music collection on iTunes is not theirs to pass on.

The devil, as always, is in the detail and in the small print of the Terms & Conditions that you blithely agreed to when opening your iTunes account you will find that you do not own the music, merely the right to listen to it.

The same rules apply to your library of Kindle books – Amazon have given you a non-transferable right to read the book, rather than a piece of property that you can leave to someone.

The internet-based technological revolution that has transformed shopping and launched social media in all its formats is causing distress for those who have to deal with the affairs of those who have died.

Where the executors do not know the user names and passwords for shopping channels such as eBay, Amazon,

iTunes, Paypal and social media such as Twitter, Facebook and personal blogs, it is proving very difficult to deal with these issues.

And it can be doubly distressing when it proves very difficult to take down someone’s Facebook page.

Facebook is littered with pages for people that are now deceased and relatives are finding it very difficult to contact Facebook and find out how to take someone’s page down. And even when the page is taken down, that page will still exist on Facebook’s servers, as your Paypal account and others may also do.

We recommend that clients include social media user names and passwords in their wills if they want to avoid unnecessary further distress after their death.

A will has always been one of the most important documents you will ever create in your life, and now it is doubly so. You owe it to those who have to deal with your affairs to leave your internet and social media details on file somewhere secure such as in a will lodged with your solicitor.

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Fast facts

Did you know?

STRATFORD UPON AVON Birthplace of William Shakespeare.

William Shakespeare was lucky to survive his childhood as within a few weeks of his birth in April 1564, Stratford upon Avon was struck by an outbreak of the plague!

Stratford is a market town and a civil parish in the county of Warwickshire.

CHELTENHAM Cheltenham is known as the Western Gateway to the Cotswolds and its inhabitants known as ‘Cheltonians’.

The town was awarded a market charter in 1226 and lies in the small river of Chelt and the town is subject to regular floods.

Stratford lies on the River Avon and is 22 miles south of the city of Birmingham.

The town is over 800 years old and the main source of the town’s prosperity is the regular large influx of tourists.

Cheltenham is world famous for horse racing and plays host to the Gold Cup National hunt festival in March.

In 1716, in a meadow outside the town, pigeon were found to be pecking on what turned out to be salt crystals at spring which led to the establishment of the town as a spa.

Stratford is world famous for its theatres which are home to many Shakespearean plays – Royal Shakespeare Theatre (RSC), the Swan Theatre and the Courtyard Theatre.

Stratford is home to the ‘The Mop’ Fair which occurs annually in October. Farm workers, labourers, servants and some craftsman would work for their employer October to October – at the end of their employment they would attend the mop fair dressed in their Sunday best and carrying an item of their significant trade. A servant with no particular trade would carry a mop head hence the name mop fair. Employers would move amongst them discussing experience and terms. Once an agreement has been reached, the employer would give the employee a small token of money and the employee would remove the trade specific item and wear a bright ribbon on their head to show they had been hired. They would spend their tokens on games and stalls which had been set up.

The runaway mop follows one week later, it occurred as an opportunity for employers to reconsider and rehire any staff before committing to one year’s work.

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In 2011 ‘The Promenade’ in Cheltenham was named as one of the top five best shopping streets in Britain.

Cheltenham’s industry is based on – food processing, aerospace, electronics and tourism business.

Cheltenham is twinned with: Annecy, France; Cheltenham, Pennsylvania, USA; Gottingen, Germany; Sochi, Russia; Weihai, China.

HENLEY IN ARDEN Henley in Arden, a small town, famous nationally for its ice cream, lies in the Forest of Arden and is divided into two parishes – Henley in Arden and Beaudesert. However, for practical purposes they form one town.

In Saxon times the area was populated by a tribe of South Angles known as the Stoppingas.

In 1220 Henry III granted Peter de Montfort a Royal Charter, giving the right to hold a weekly market and a yearly fair at Henley. The weekly market still takes place today.

Dates for the diary

Events

Exciting, relaxing, inspiring.

This year’s events calendar has it all.

APRIL North Warwickshire Hunt Club Point to Point 5 April First race 2pm www.mollingtonraces.co.uk/ Private Client Seminar, Ettington Chase Hotel 11 April Lodders’ Private Client team have the answers to key questions affecting you and your family’s wellbeing and future happiness. www.lodders.co.uk/news/events/2014/lodders-privateclient-seminar The April Meeting at Cheltenham Racecourse 16 – 17 April Gates open at 12 noon on both days.

On Wednesday 16 the first race is at 2.10pm and the last race is at 5.40pm. On Thursday 17 the first race is at 2.00pm and the last race is at 6pm. www.cheltenham.co.uk Cotswold Vale Farmers Hunt Point to Point 20 April First Race 2pm.

Near Andoversford, Gloucester GL54 4LQ www.valecountryfair.info North Cotswold Hunt Point to Point 21 April Gates open at 10.30 am Bank Farm, Paxford GL55 6XS www.northcotswoldhunt.co.uk Shakespeare Birthday Celebrations 2014 26 – 27 April 23 April 2014 will mark the 450th anniversary of Shakespeare’s birth and on the weekend of 26/27 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 26 April – 4 May Celebrating its seventh year in 2014, The Stratford upon Avon Literary Festival is an exciting mixture of debate, ideas, celebrity author events, workshops and humour. Alongside this is a programme of education events involving favourite authors, poets and illustrators, for children from 2 to 18. www.stratfordliteraryfestival.co.uk

MAY Children’s Book Day As part of the Stratford Literary Festival 4 May The Croft School, sponsored by Lodders – A fun-filled day of authors, illustrators and workshops including the world famous Nick Sharratt and Axel Scheffler. www.stratfordliteraryfestival.co.uk Warwickshire Hunt Point to Point 5 May First race 2pm www.mollingtonraces.co.uk

Stratford Food Festival At the Races 30 May – 1 June This year the Stratford Food Festival and Stratford Racecourse have come together in creating an all new, redesigned event, which will launch this May, ‘Stratford Food Festival At the Races!‘ Two evening race meetings will feature with all visitors getting the opportunity to explore the usual aromas and hustle and bustle provided by some of the country’s best artisan producers in the Food Festival area. Races will take place over the Friday & Saturday evening, Sunday will feature just the food festival. There will be plenty on offer over this weekend to whet everyone’s appetite. www.stratfordfoodfestival.co.uk

JULY Hanbury Countryside Show 5 July A traditional one day agricultural show. www.hanburyshow.co.uk Stratford River Festival 5 – 6 July For a weekend in the summer Saturday 5 and Sunday 6 July come and enjoy free family fun in Stratford upon Avon with music, narrow boats on the River Avon, craft and food stalls, family zone, charity stalls, illuminated boat parade and spectacular fireworks. www.stratfordriverfestival.co.uk Jazz in the Garden 19 July Henley in Arden CLA Game Fair 18-20 July Blenheim Palace, Woodstock Oxfordshire www.gamefair.co.uk

SEPTEMBER Moreton Show 6 September The Moreton Show is a traditional one day Agricultural and Horse Show. It is held in a parkland setting with no permanent buildings, so is built up in the traditional way with marquees and hurdle pens giving a true country show atmosphere.

Lodders will have a stand so come along and say hello. www.moretonshow.co.uk Lodders Golf Day, Stratford upon Avon Golf Club 18 September Managing partner Rod Bird welcomes guests and professional contacts drawn from the firm’s Stratford, Henley in Arden and Cheltenham offices. www.lodders.co.uk

OCTOBER Cheltenham Literary Festival 3 – 12 October Whether it’s the biggest names in publishing, politics, television, radio, art, theatre, or sport, The Times Cheltenham Literature Festival has it all. www.cheltenhamfestivals.com/literature Spring 2014

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The Lodders recipe for success Solid and full of nourishing advice, Lodders has been a family favourite for legal advice for over 225 years.

Best enjoyed with a nice hot cup of tea.

Ingredients 22 Partners 7 Legal Executives 8 Solicitors 4 Administrators 6 Associates 1 Non-Executive Chairman 3 Managers 4 Consultants

Method Add your legal requirements and as many services as you want to these carefully selected ingredients, then get on with your life while they combine to give you the perfect result - every time

SERVICES

• Agriculture • Care & Capacity • Company & Commercial • Dispute Resolution

Stratford upon Avon office 01789 293259 Henley in Arden office 01564 792261 Cheltenham office 01242 228370 www.lodders.co.uk @LoddersLawyers

• Employment • Estate Planning • Intellectual Property • Landed Estates

• Notarial Services • Real Estate • Residential Property • Trust Administration • Wills

s o l i c i t o rs