Napthens in:brief magazine

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SPRING 2010 ISSUE THREE

THE NEWSLETTER OF NAPTHENS SOLICITORS

Business roundup North West Aerospace Alliance’s chief executive, Martin Wright demonstrates the sky’s the limit for the region’s aerospace sector page 2

Equality Bill Napthens’ Stacey Carter points out what employers can expect this October page 2

No business like show business Clare Taylor of Duxburys Commercial, Martin Long of Napthens and Mike Withers of Trans-Continental

Expansion for Trans-Continental Group Napthens has advised market leading distributor Trans-Continental Group on the move of its business from two Blackpool sites to one, larger, Preston location.

Trans-Continental was founded in 1994, and is one of the leading suppliers of consumer goods in Europe, specialising in Christmas products, garden furniture, pet products and indoor furniture.

The group supplies more than 10,000 product lines to household names including Harrods, Tesco, Next, BHS, John Lewis, Asda and Wilkinsons, along with the majority of UK garden centres. It consists of four businesses – Sun Time, Snow Time, Pet Time and Home Time.

Currently it occupies two Blackpool sites – its headquarters on Amy Johnson Way, and a 113,000 sq ft distribution site on Olympic Way. The group is now consolidating its two UK sites into one 153,000 sq ft, prestige headquarters it has acquired on Olivers Place, Preston.

The new location, the former CCA Stationery building, includes 30,000 sq ft of offices and showrooms and was acquired for an undisclosed, seven-figure sum.

throughout Britain and Europe, Preston is the geographical centre of the country and is, therefore, perfectly situated for our business activities.

Martin Long, partner, advised Trans-Continental on the purchase.

“It’s a prestigious looking building, and the customers who visit our offices and showrooms will be very impressed.”

Mike Withers, founder and managing director of TransContinental, said: “We had been looking for a strategic move for the business for two or three years.

Working across the two sites was inconvenient and had the potential, as the business continued to grow, for inefficiency.

“The new premises suit our business down to the ground and is in an ideal location with great transport links. Trans-Continental imports about 2,000 containers each year and distributes to retailers

Martin added: “Trans-Continental is a real North West success story. In a relatively short time the group has become a market leader in its field and a highly respected name among its customer base.

in Hong Kong, Trans-Continental Asia Ltd, garden centres in Newtonle-Willows and Sefton, and a newly established internet business. This year turnover is predicted to hit £30 million.

in:brief profiles Blackpool’s iconic and historic Grand Theatre page 3

Advice Patrick Newell, litigation solicitor, highlights how to minimise the risk of prosecutions from regulatory bodies page 6

Opinion Simon Ainsworth, head of Private Client division checks whether the green shoots are appearing in the housing market page 7

It also has offices in Belgium, Hong Kong and China.

Andrew Bather of Blackpool-based property consultants Duxburys Commercial also advised, identifying the building and carrying out purchase negotiations for Trans-Continental.

“This acquisition will allow the group to operate more efficiently, and help in the next stages of its development as a business.”

Trans-Contintental Group employs 150 staff, and includes a company

Holiday and leisure parks: Special report page 4 & 5

Musical maestro in:brief talks to Terry Griffin, head of personal injury, about his guitar heroes page 8

welcome / round up / Equality Bill:

in:brief

Business roundup

welcome

By Martin Wright, chief executive, North West Aerospace Alliance (NWAA) At the start of 2010 we can look back to 2009 and say the aerospace sector emerged relatively unscathed compared to other industries.

Our feedback suggests that supply chain companies in the lower tiers took the brunt of the downturn in the year. Workflow through the supply chain curtailed to some extent as companies took a defensive approach.

Andrew Clare, corporate partner

Welcome to the latest edition of in:brief, which brings together a wide range of thoughts, opinions and news from the business and legal world.

Our special feature takes a look at holiday, leisure and caravan parks - an area of work in which we specialise and one that is experiencing growth. The in:brief special report investigates if this is a by-product of the recession or entrepreneurial flare.

Martin Wright, chief executive of the North West Aerospace Alliance writes this issue’s business roundup and provides an overview of how the aerospace industry has performed. It’s an industry that is vital to Lancashire and the wider region, providing employment opportunities and contributes significantly to the region’s GDP. in:brief also profiles two more of the firm’s clients – one of which is an iconic brand locally and one recognised internationally. We talk to chief executive and general manager Neil Thomson at the Grand Theatre in Blackpool and Stephen Richards, managing director of Fast & Fresh, the Preston-based company which brought SUBWAY® to the North West. Both businesses are doing well in sectors that are often affected when times are tough.

However, our Aerospace Supply Chain Excellence (ASCE 1) programme, which aims to create a world class supply chain in the North West, able to compete on a global scale, was on schedule. We are in the process of developing ASCE 2 with funding confirmed from regional and European sources. This programme will help us to maintain a competitive edge and be one of the leading areas in the world in aerospace engineering excellence.

Last year’s Paris Air Show was also a great event for flying the flag for the North West aerospace sector.

The NWAA attended with 20 aerospace companies from the region and showcased what the county has to offer.

Final figures from the show – opened by French Prime Minister Francois Fillon – reveal it featured 2,000 exhibitors from 48 countries, with 140,000 professional visitors, 205 public visitors and 11 Government ministers. We are now in the process of preparing for this

Thank you.

2 in:brief SPRING 2010

Aerospace has enormous backing in the North West, and we should celebrate the achievements from the past year.

• Funding for the Virtual Engineering Centre, led by the University of Liverpool.

• The sale of Typhoon to Saudi Arabia and the approval of Tranche 3.

• The announcement of the investment in Rolls Royce, Barnoldswick.

• The completion of the civil autonomous systems report by the NWAA. • The success of North West companies in winning machining contracts on JSF Lightning.

• The establishment of the first supplier association on JSF Lightning.

• The establishment of the pilot carbon commodity group and the successful bid for a £1.65 million bid Technology Strategy Board project on carbon weaving.

• The continuing success of ASCE 1.

• The announcement of funding approval for ASCE 2.

• The progress in developing a skills capacity model for the region.

Martin Wright

Although certain areas of the aerospace industry may lag behind other sectors in emerging from the recession, there are already signs of pick up in business jets. The military workload looks strong, and progressive growth in civil is expected as the Far East air travel market expands.

chain. Key challenges for the region will lie in generating sufficient skills and ensuring the region maintains its share of what will be an increasing world market for aerospace products and I am confident that the NWAA will help address these tests.

Looking to the future, we know environmental challenges will drive technology development and we will progress the autonomous systems agenda to ensure the region plays its part in what will be a new supply

Contact: Martin.Wright@aerospace.co.uk 01282 604444

Equality Bill The Government’s much heralded Equality Bill is now making its way through Parliament.

The long awaited Bill follows over four years of reviews, discussions and consultations and is expected to come into force in October 2010.

The Bill’s aims are to harmonise discrimination law and to strengthen it. It will bring together and in some respects extend the existing discrimination legislation concerning sex, race, disability, sexual orientation, religion or belief and age.

Readers will also be given important legal updates by Stacey Carter and Patrick Newell in employment and litigation respectively. We catch up with family law partner, Damian Baron and also welcome litigation partner, Sean Gibbs, to the firm. Our ‘Talking Heads’ feature gauges opinion about what a change in government would do for businesses across the region.

I hope you enjoy this edition of in:brief and if you would like further advice on any of the issues covered, please feel free to contact our legal experts.

year’s Farnborough show to showcase the region.

It also contains some important changes to the law. Some of the key measures will be to:

Stacey Carter

• Allow an employer to recruit and promote an individual from an under-represented group where the individual is at least as qualified as his competitor.

• Widen the definitions of direct discrimination and harassment to cover claims based on “associative” and “perceptive”.

• Introduce Third Party Discrimination (e.g. the employer may be liable for the acts of a customer).

• Following the case of Malcolm v Lewisham Borough Council, it will be unlawful to knowingly treat a disabled person in a particular way which amounts to a detriment, unless the treatment can be justified.

• Limit the enforceability of contractual “pay secrecy” clauses.

• Require private sector employers to report on their gender pay gap where they have 250 or more employees in Great Britain.

In support of the Bill, equality minister Harriet Harman has said: “The Equality Bill will promote equality, fight discrimination in all its forms, including age discrimination, and introduce transparency in the workplace which is key to tackling the gender pay gap.”

The Bill is set to have a big impact and all employers will need to review their equal opportunity and recruitment policies in light of this new equality legislation.

Contact: Stacey.Carter@napthens.co.uk 01772 904280

• Strengthen enforcement by enabling tribunals to make recommendations about the benefit of the wider workforce.

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talking heads / The Grand Theatre / business bites:

Talking Heads Would a change in government bring a sigh of relief for businesses or can we expect the tough times to continue?

David Ingram, managing partner, Moore and Smalley Chartered Accountants and Business Advisors: “There is a general expectation that a new government will be more business friendly, but the amount of government debt that has been created in the attempt to resolve the banking crisis, and the general recession, means that tough decisions are required whichever party gets in power.

Jane Haymes

Jane Haymes, business recovery partner, Napthens solicitors: “A new government normally engenders some optimism.

Expectations of improvements to the economy can sometimes become self-fulfilling prophecies but these are not normal times. The budget deficit needs reducing and can only be achieved through cuts

David Ingram

in spending and increases in tax.

Cuts in government spending will affect businesses supplying to the public sector.

“High levels of unemployment will continue in such a climate which will impact on consumer spending. Tax hikes, rising interest rates and fuel prices will result in increased costs

Sean Williams

for businesses. Taking into account these factors (together with the withdrawal of government support such as HMRC’s “time to pay” scheme) we can expect the tough times to continue. Businesses need to be cautious but prepared for when better times arrive.”

“The budget deficit needs to be addressed and this means one or both of higher taxation and cuts in public spending. Management of tax liabilities will be critical to UK businesses and their owners to mitigate some of the planned tax increases. Cuts in government spending will affect businesses both directly and indirectly exposed to servicing the public sector. In short, I expect there will be some

There is a chipper feel about the 1053-seat theatre, designed by Frank Matcham in 1894, which is critically important to chief executive and general manager Neil Thomson.

“In this business financial precariousness goes with the territory,” said Neil. “However, if our state of health is measured by putting on the best quality shows for the widest range of audiences, then we’re in very good shape. We are backed by Blackpool Council and numerous sponsors.”

Among recent critically acclaimed productions was a series of performances by the Siberian State Ballet & Orchestra which followed an equally successful pantomime season with Peter Pan. The ballet proved so popular that it will return in 2011 with extra performances.

Google knocks on estate agents doors

“It seems like a contradiction, but the recession has created an upturn in our fortunes. We’ve had

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The Office of Fair Trading (OFT) has recommended relaxing rules for Google and Tesco to offer rival property search websites that will compete with estate agents.

Probably the best profit in the world...

Carlsberg reported a 38 per cent rise in profit to £425 million in 2009, driven by strong performances in Eastern Europe and Asia.

The Grand’s reputation in the entertainment world is reflected by an impressive array of eclectic shows. It hosts musicals produced by impresario Bill Kenwright, drama staged by the National Theatre, pantomime from UK Productions, and comedy from big names including Stephen K Amos, Julian Clary, Ed Byrne and Armstrong and Miller – not to mention the legendary Ken Dodd.

The next improvement project will take place over five years and could involve enlarging the stage using property recently acquired adjacent to the theatre.

“However, businesses must remain positive and put plans in place to manage their growth to be ready for the real upturn in the UK economy when it arrives.”

Britons are munching their way through a million Domino’s pizzas a week prompting the fast-food chain to increase store openings

encouraging figures from the box office recently, and it’s as if people are coming here for the feel-good factor – determined to cheer themselves up,” explained Neil.

Major restoration and renovation programmes have made substantial contributions to the sustained history and heritage of the Grand. In recent years the interior has been taken back to its 1890s heyday, while the ceiling has been restored to its grand design of 1910 and new seating and drapes in the theatre’s original style and colour (Utrecht blue) have been installed.

“There is no getting away from the fact that big spending cuts will have to be brought in to reduce the national debt and that, coupled with the high level of unemployment, which will continue to depress consumer spending, will put a strain on the UK getting back to full economic health.

Pizza the action

Blackpool’s historic – and iconic – Grand Theatre is living proof of the old entertainers’ adage that the show must go on.

Just as importantly, the Church Street theatre is delivering success after success in the artistic and entertainment arena.

Sean Williams, managing partner, Yorkshire Bank’s Preston Financial Solutions Centre: “Regardless of who comes to power after the next General Election, UK businesses will still face a challenging period of recovery.

business bites:

No business like show business The Grand is embarking on a new five year business plan that will see its name in lights for many years.

difficult times ahead for many of us in business.”

It’s like Blackpool illuminations in here The region’s businesses could save over £400m by tackling energy costs, according to the Carbon Trust.

It is launching a campaign in Manchester to persuade businesses to stop wasting energy by taking a free Carbon Survey.

Tidal energy plan for Cumbria

Grand in name, grand in nature

“Our stage is quite small compared to other theatres, especially modern ones, and extending it will open up a lot of fresh opportunities that we would otherwise had to have passed on,” said Neil. “For example, our stage couldn’t accommodate the National Theatre’s Habit of Art, which was a big disappointment to them and to us.”

Looking ahead, Neil believes the Grand has a bright outlook. “We do

a lot of work with schools, which is important because children are the audiences of the future, and we have strong, long term relationships with local organisations and individuals whose support we value enormously,” he said.

To find out what’s on at the Grand visit; www.blackpoolgrand.co.uk

A feasibility study is to look at electricity generation from tidal energy in South Cumbria. Tidal barrages, fences and reefs combined with other technology are all being considered for the Duddon Estuary.

Contact us: We welcome your feedback and comments on the articles in this issue of in:brief. Feel free to drop us a line at Marketing@napthens.co.uk or visit our in:brief page on our website, www.napthens.co.uk/inbrief.

Alternatively, if you want to contact any of the Napthens team mentioned in this issue, please email them at Firstname.Surname@napthens.co.uk.

We look forward to hearing from you.

SPRING 2010 in:brief 3

special report: holiday and leisure parks

Holiday and leisure firms look to the long term UK holiday companies have received a welcome boost from the ‘staycation’ phenomenon, but the North West’s caravan, holiday lodges and leisure parks sector is reaping broader – and more sustainable – rewards.

The region’s caravan and holiday park companies have responded positively to the downturn by taking an entrepreneurial approach to their businesses while seizing opportunities that bode well for their future.

“At Napthens we have seen North West caravan and holiday park companies benefiting in the short term from the staycation trend while enhancing their longer term position in the market through better quality products, higher service levels and continuing focus on customers’ needs,” commented Napthens partner Martin Beardsworth.

“Soundly managed businesses which respond to changing market conditions will thrive and our region has no shortage of caravan and holiday park companies that fall into this category,” added Martin.

Among them is Preston-based dealership Campbells Caravans and Motorhomes. “The staycation idea has helped, but not to the extent suggested by the media,” said group chairman Michael Campbell.

“It’s part of a wider mix of factors that has been growing over the years. With touring caravans you get a sense of adventure on the open road, variety and flexibility of location and low cost. Compare this to airport security worries, flight delays and relatively high costs associated with overseas holidays and it’s easy to see the appeal of caravanning.”

Traditionally regarded as the holiday of the ‘anorak’ culture, caravanning is increasingly attracting people from diverse demographic categories.

“The so-called ‘silver’ market has always been strong, but it’s a much looser term these days. People don’t all retire at 65 and we’re seeing many more retired and semi-retired people in their fifties,” explained Michael.

“In addition, we’ve seen an increase in sales to families with young children who want more flexibility than they can get at a hotel. This is also a cyclical market – people who used to take their children caravanning enjoyed the experience so much that they are returning now that their kids have grown up.”

Blackpool-based Partingtons Holiday Centres, which operates five parks in Blackpool, the Lake District and Yorkshire Dales, has also taken advantage of the trend towards UKbased holidays in the short-term as well as on a sustainable level.

that it’s more economic to buy a caravan that can cost less than a two-week summer holiday abroad.

As owners of a caravan or holiday lodge, they are clearly intending to use our centres as a long term holiday choice.”

and value for money. We have seen a record number of last minute bookings and record numbers of guests taking advantage of our loyalty offer,” comments marketing manager Charlotte Gili-Ross.

“Soundly managed businesses which respond to changing market conditions will thrive and our region has no shortage of caravan and holiday park companies that fall into this category” Andrea’s comments are underscored by figures showing Partingtons’ caravan sales figures for 2009 were above average, with caravan holiday bookings up 28 per cent.

“We have benefited from the staycation concept with our holiday operations, but our core business is supplying privately-owned holiday homes to families who have access to our facilities throughout the season,” said director Andrea Challis.

At Ribby Hall Village near Blackpool, the staycation phenomenon is regarded as a commercial fillip, but not the basis of strategic business planning for 2009 - 2010.

“We have seen an increase in customers who would normally travel abroad but have decided

“We’re only too aware that our customers are savvy shoppers and often look for and expect discounts

“Every year our industry is affected by macro-economics that are out of our control such as the weather and the fluctuating euro.

“While we have to be able to react quickly to these changes, we concentrate our marketing efforts on what we can influence such as continually improving our product offering, listening to what our customers want, and ensuring we provide consistently excellent service levels,” added Charlotte.

The industry at a glance • The UK holiday parks industry generates an annual spend of £2.9 billion, mainly in rural economies and accounts for 20.5 million trips annually (defined as two nights or more away from home).

• Around one in five of paid-for holiday bed-nights in the UK is spent in park accommodation, including caravan holiday homes, tents, touring caravans, motorhomes, chalets and timber lodges.

• Of the 89.2 million nights spent in parks each year, visitors stay in surroundings ranging from isolated rural farms to multi-entertainment parks at major resorts.

• In the UK there are some 4,000 holiday parks; 498,000 touring caravans; 112,000 motor homes; and 335,000 caravan holiday homes – totalling about one million units of holiday accommodation.

Michael Campbell

4 in:brief SPRING 2010

Charlotte Gili-Ross

Martin Beardsworth,

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special report: holiday and leisure parks

Luxury cottages surround the lake at Fisherman’s Lodge, Ribby Hall Village

Future is bright but issues remain, say industry experts In 2009 the domestic tourism market saw an estimated volume growth of some 5 per cent, driven largely by the recession and staycation concept.

However, the picture may not be as rosy as it seems because bargainhunting holidaymakers have been spending less.

Stephen Hunter

“It’s difficult to say with certainty whether the volume growth has led to increased revenues,” said Stephen Hunter, senior partner at the Preston office of accountancy firm KPMG, who recently presented a paper to the British Holiday & Home Parks Association (BH&HPA).

“Within the sector there are winners and losers. Businesses focusing on selling expensive but high-quality lodges or larger caravans have

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found fewer customers with this sort of money to spend.

“On the other hand, those selling good quality, second-hand smaller caravans have found that the customers are there in as many numbers if not more.”

Well-run businesses have responded with entrepreneurial agility to changing market conditions, adapting their products to meet marketplace requirements.

“The star performers are those that have offered good quality, value-formoney products, and those that have suffered have perhaps only been able to offer a perceived expensive product, such as a relatively costly twin-unit caravan or lodge,” added Stephen.

He believes the prospects for caravan, holiday lodge and holiday park businesses are encouraging: “Given the current exchange rate of the pound, and provided that the economy continues to move out of recession, the outlook is reasonably buoyant for the industry.”

The main opportunities for the holiday parks sector are bound up with its principal challenges, according to Jon Boston, of the BH&HPA. “What people are increasingly looking for – especially if children are involved – is the option of indoor entertainment. For this reason, many holiday parks are now investing in facilities such as pools and leisure centres, plus more grown-up attractions including spas, gyms and

health-and-beauty salons,” said Jon. “At the same time, the holiday parks sector continues to be frustrated by the problems of obtaining planning consent for expanding existing parks, or developing new sites.”

Holiday parks typically contribute about 20 per cent of the income to rural economies in popular tourism areas and sustain around 15 per cent of full-time and seasonal jobs that are tourism-dependent.

“It can be easy to underestimate the importance of holiday parks to rural regions such as the North West – not least because parks are generally far less visible than hotels and guest houses. But collectively, their contribution to local economies is both substantial and irreplaceable,” added Jon.

SPRING 2010 in:brief 5

ask the expert / legal update / Fast & Fresh: ask the expert:

Shareholder disputes Robert Dobson specialises in handling corporate transactions and commercial arrangements.

Q: My business partner and I have recently established a company. We want to make sure each of us is aware of our legal duties, responsibilities and obligations. What do we need to put in place?

A: You will need to get a shareholder agreement – it’s one of the most important documents a company can have.

Agreements should be tailor-made to each business. A properly thought-out agreement will ensure the smooth running of any size of company and stipulates what shareholders’ responsibilities and powers are. They will also define procedures within which a company operates.

Agreements can detail issues such as how shareholders can transfer their shares smoothly, proving useful in the event of retirement, disability, death or even divorce.

If a shareholder dies without an agreement their spouse or another family member could take their place in the company. This could bring problems, so an agreement could provide a way for shareholders to have first refusal to purchase the deceased’s shares. Without an agreement a shareholder could also sell their shares to anyone – even competitors.

An agreement will also need to cover the issue of liability. Normally shareholders are not held personally responsible for a company’s debts and obligations, but if they have personally guaranteed a loan or debt they will be.

They are particularly useful in the event of shareholder disputes. If there is a disagreement, relating to “critical” business decisions, an agreement provides a framework to resolve disputes, for holding meetings and agreeing upon the future strategy of a business.

Contact: Robert.Dobson@napthens.co.uk 01772 904342

Robert Dobson

6 in:brief SPRING 2010

Businesses face greater level of prosecutions from regulatory bodies Patrick Newell, solicitor in the litigation department looks at the increasing number of prosecutions from regulatory bodies and considers how business owners can minimise potential risks.

All businesses now face greater regulations and consequently are at increased risk of prosecution from regulatory bodies.

Many authorities, including the fire authorities, local authorities, Office of Fair trading, Environment Agency and the Health and Safety Executive, have the power to bring prosecutions and are now frequently exercising this right.

In many cases, the prosecuting body doesn’t have to prove the business owner intended to commit an offence, merely that it happened, which makes defending a case a lot harder.

Traditionally, a defence would rely on the fact that the accused did everything within their power to avoid the incident occurring.

However, business owners now have to show they had proper risk assessment, policies and systems in place and evidence to show they’d been followed.

Penalties will often result in fines a statutory maximum for summary offences is usually £5,000.

Offences brought by regulatory bodies often exceed that figure, with certain cases resulting in fines up to £50,000.

There are other costs to consider.

Business owners will have to cover the costs of remedying the effects of an incident. There are also the costs of bringing the prosecution to court, and as regulatory bodies are allowed to recover their own legal costs, the defendant will need to pay compensation. Of course there is also the cost of the disruption to the business, caused by an investigation, to take into account.

In corporate manslaughter cases, the penalties which the courts are recommending often exceed six figure sums combined with the possibility that senior management or directors could be held personally responsible.

To avoid prosecutions, it is imperative that business owners carry out stringent and regular risk assessments to minimise the effect of potential incidents. Systems need to be put in place and procedures followed but they must also be regularly audited. Doing so will help a defence if an incident has occurred. In some cases evidence of robust risk management processes could help reduce the possibility of a prosecution. After an incident has happened it is important to react swiftly, taking appropriate action which will reduce any penalty and may also, where applicable, reduce the costs of remedial works.

Our expert litigation team has advised a wide range of clients in relation to regulatory prosecutions and preparing risk assessments, helping clients protect their business. Our experience tells us though, that prevention is definitely better than cure.

Patrick Newell

Contact: Patrick.Newell@napthens.co.uk 01772 904358

Fast & Fresh – hungry for growth A break from the construction industry and a year spent travelling the world, prompted a Preston entrepreneur to establish his Fast & Fresh company in 1998 and bring a global brand to the North West.

Stephen Richards was travelling in Australia when he spotted an opportunity with SUBWAY®. “The stores were all the rage in Australia, the States and lots of other countries – but they were relatively unknown in the UK. I practically lived on Subs while I was out in Australia and New Zealand!” said Stephen.

“I knew the concept would work in the UK but success globally doesn’t necessarily mean success here. I did a lot of homework before I made up my mind and once I did I got on a plane to Australia and got a job in a SUBWAY® store in Sydney for six months. It was one of the best moves I’ve ever made. I learned everything from making a sandwich to running a business and I was convinced this was the right move.”

When he returned to the UK in 1998, Stephen applied to the SUBWAY® chain’s headquarters in America to be a franchisee and developed a business plan. He was

accepted and embarked on his training in Milford, USA. Eight weeks later, his first restaurant in Blackpool opened and he has never looked back.

The company is split into two businesses, Fast & Fresh Ltd and Fast & Fresh Restaurants. The former is a development agent, responsible for the success of 106 stores across the North West and the Isle of Man while the latter manages the day-to-day running of 42 of those outlets. Recent new openings include Liverpool John Lennon Airport and the Capitol Centre in Preston.

Sales at the business have grown 60 per cent a year from £2.6m in 2005 to £10.6m in 2008; employing over 400 staff in the process. Last year, the Preston-based company ranked 83rd overall in the Sunday Times’ 100 Fastest Growing Companies league table, and 11th in the North-West.

Stephen Richards

Stephen concluded: “We are planning to open ten more outlets this year, bringing new style formats and growing the business. It isn’t without its challenges, as sourcing finance is still proving to be difficult but we are in a robust industry which offers great opportunities. We

can overcome any barriers to growth given the fantastic people we have at Fast & Fresh, supported by a powerful global brand.”

For more information about Fast & Fresh, visit: www.fastnfresh.co.uk

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a day in the life of / Rock Work / opinion:

A day in the life of…

Damian Baron Damian is a partner and family law specialist with a particular interest in the financial, property and business aspects of marital and relationship breakdowns, often involving multi-million pound settlements.

France and South Africa so their requests for advice arrive at all times.

8.30: My secretary, Louise Johnson, comes in and reviews what’s scheduled for today. I call a colleague in the litigation department who needs advice on protecting a wealthy client’s assets.

Damian Baron

Preston born and bred, Damian is a member of the Law Society's Family Law Panel as well as sitting on the Appeal Panel of the Legal Services Commission.

7 .30: Jump in the car and head to the Preston office. Tune into the news and shake my head in disbelief regarding the latest antics of a professional footballer!

8.00: Prioritise duties for the day before checking numerous emails.

Although a majority of clients are in this country, I have clients in Italy,

9.00: I have a conference call with a financial adviser and his client and give my input to her situation which is proving to be quite traumatic but we are on hand to offer support and will meet with her when she is ready.

10.00: My first meeting is with a successful businessman who has found out his partner has been having an affair. They are not married and he’s worried about what will happen so I take him through the process and what he can expect to deal with. Although it can be very emotional, we have to make sure our clients are protected and keep what is rightfully theirs. He’s thankful for the advice and support.

11.30: I call a divorced client who has been having problems seeing his children. The other side have

sent fresh proposals allowing greater access. He’s pleased with the new arrangement and happier still that he won’t have to go through an expensive court hearing.

12.00: An assistant solicitor in my team calls. She wants guidance on a very complex tax issue so we involve the firm’s tax specialist, Stephen Betts. We report back to the client and detail how we can help him.

12.30: Lunch involves grabbing a sandwich during a ‘head-clearing’ walk round the city. Back in my office, I schedule a meeting with a business contact, who is introducing me to a client. I catch up on the news again and wonder what the hell the footballer was doing and what his lawyer must be thinking!

1.00: Read through a selection of case papers for a court hearing that is on the horizon which needs in depth research and preparation so that we get the outcome we want for our client. Get a call from a client who needs clarification on prenuptial agreements and I explain to him it needs to be robust bearing in mind his financial position.

2.30: I attend a pre-hearing conference with a client who can’t agree with her estranged husband on the division of their assets. We are due to start a Financial Dispute Resolution hearing, but they reach an agreement. We then appear before the judge who hears our proposals and makes a Consent Order that ends the proceedings.

4.30: Back to the office where there are urgent emails and phone calls to be dealt with. Make a quick call to my wife Shena, who is a legal executive in the Chorley office to see how her day has been.

6.00: I leave the office on time tonight as I’ve been invited to an event by a wealth management adviser. I’m looking forward to it as ex-British Lions captain, Willie John McBride is speaking at it and it will be good to catch up with other contacts.

Contact: Damian.Baron@napthens.co.uk 01772 904270

Property green shoots? over-valuation of national housing stock, combined with uncertainty over jobs led to a huge lack of confidence in the market.

In simple terms, it felt like the property market fell off the edge of a cliff in October 2007. As the country went into recession our figures dropped for over a year, to December 2008, when we took on our lowest number of conveyancing instructions, around 70 per cent down on the peaks of 2005/2006.

Thankfully, we saw a noticeable upturn in business in the spring of 2009, possibly slightly sooner than expected. Buyers realised that interest rates will simply never be lower and governmental pressure forced lenders to introduce more mortgage products to the market. A little more confidence in job security combined with noticeably lower house prices helped.

A combination of the banking crisis leading to the withdrawal of a huge number of mortgage products, the government’s insistence on continuing with costly Home Information Packs and clear

Since then we have seen a steady increase in the market, albeit at a very slow rate month by month. In our regular discussions with estate agents and mortgage brokers there is a world of difference between the

n a pt he n s.co.uk www.n

A Blackpool charity has expanded to larger premises thanks to advice from Napthens’ Commercial Property team.

Leona Bulmer and Martin Long advised the Rock Work Opportunity Centre on its move from an office on Bristol Avenue, Bispham, Blackpool, to larger premises at Mowbray Drive in the town.

The centre and its six full-time staff, offers training in life skills and work, helping people referred by local social services teams to lead a normal life.

Leona Bulmer said: “Rock Work has built a great reputation in the area and does some outstanding work in the community. It’s a pleasure to see the centre doing so well.”

outlook as it stands now compared to at any time through 2008.

Interest rates remain low and whilst there is talk of an increase on the horizon this does still seem to be some way away.

John Boyle, honorary treasurer for the charity, added: “Our new facilities will mean a much more modern and up-to-date service for our staff and service users, and everybody is looking forward to the move.

Prices are starting to creep back up slightly – although probably a reflection of the low number of houses on the market. As confidence improves and more homes are marketed, prices should not increase dramatically over the next 12 months.

There is clearly a long way to go and I doubt we will ever again see the peaks of a few years ago but we are recruiting again in the residential property department - a sure sign of a real upturn.

Rolling Rock

The charity, founded in 1980 and led by a group of voluntary trustees, specialises in supporting adults with physical and educational needs who are unable to work in the community. It works with about 7580 people, and recent expansion meant the organisation outgrew its former building.

opinion piece: Simon Ainsworth, head of Private Client division

As last quarter’s official figures finally show economic growth, it’s without doubt we’ve had a pretty torrid 18 months in the housing market but there is a sense of optimism emerging.

Leona Bulmer and the Rock Work team

Simon Ainsworth

“We are always looking for opportunities to help people both commercially and personally, and this move will mean we are better placed to do that.”

Contact: Simon.Ainsworth@napthens.co.uk 01772 904229

SPRING 2010 in:brief 7

and finally:

Sean on board as litigation team expands Commercial litigator Sean Gibbs has joined Napthens, bringing more than 20 years’ experience with him. trademark infringement and breach of confidence, and he has acted for a range of clients from institutional bodies, owner managed businesses and SMEs. He said: “Napthens has always been a firm I have admired, both for the quality of its lawyers and for its strong client base.

Sean Gibbs

Sean takes up the post of commercial litigation partner from a similar role at DWF in Preston.

Terry Griffin: Rhythm and blues brother

Me and my… Guitars Jimmy Page, Gary Moore, Eric Clapton, Pete Townsend and Peter Green are a few musicians that partner and head of Personal Injury, Terry Griffin, refers to as his guitar heroes. Heroes that have fuelled his passion for music.

“My interest in music started as a 13 year-old when myself and a few friends formed a band. We weren’t trying to be the next Rolling Stones it was just a bit of fun” says Terry.

His interest in music and playing the guitar arose when a Saturday job enabled him to save £13 to buy his first second hand guitar and Beatles song book, kick starting his love affair with guitars.

Terry’s collection of guitars now includes a Gibson Les Paul, which is a 1960’s replica, a 1952 Fender Telecaster, a classic Spanish guitar and an electric acoustic guitar, not forgetting numerous amplifiers and pedals.

Preston: 7 Winckley Square, Preston, PR1 3JD DX 714572 Preston 14 Tel: 01772 888 444 Fax: 01772 257 805 Email: Preston@napthens.co.uk

“The guitars are far too good for me really given my lack of talent. Most of my playing is limited to home so any poor unsuspecting member of the general public can rest assured that I won’t be murdering classic guitar tracks in the open. Although I do get together with a couple of like-minded friends who go to each other’s houses and annoy our respective spouses with our musical inabilities.”

But Terry is obviously playing down his talent as it has inspired his eight year-old daughter to follow in her father’s footsteps and pick up a guitar. “She’s very good and will sing along to some of the tracks she knows and is now the proud owner

Blackburn: St Andrew’s House, Wellington Street (St John’s), Blackburn BB1 8DB DX 17964 Blackburn 1 Tel: 01254 667 733 Fax: 01254 681 166 Email: Blackburn@napthens.co.uk

of a small pink acoustic guitar.

We’re planning to form a rock duo!”

He says with a smile.

His musical career may take off sooner than he anticipates. “I’m working with a couple of friends on putting a piece of music together for a fiftieth birthday – but don’t worry we are certainly not planning on releasing it.”

He has vast experience working on all types of commercial dispute, from boardroom issues to shareholder and partnership disputes and professional negligence. He also has extensive High Court experience, and often deals with high value cases worth several million pounds.

Sean’s experience also includes defamation and malicious falsehood,

“I am keen to be involved with a firm which has a real buzz about it and is obviously going places. I am looking forward to working alongside some excellent lawyers to provide a commercially focused legal service to the business community across Lancashire.”

John Whittingslow, partner and head of the Commercial division at Napthens, added: “Sean is a highlyrated litigation lawyer and I am delighted he has chosen to move to work with us at Napthens.”

Meanwhile, Sean’s former DWF colleague, tax expert Stephen Betts, has joined the Napthens Corporate team, and will offer advice on matters including share option schemes, stamp duty land tax and inheritance tax.

Charity total Napthens has raised more than £2,000 for local good cause the Rosemere Cancer Foundation.

Events including a dress down day, raffle and other staff activities, helped staff raise a total of £2,029.

Blackburn, on May 23. To help support the efforts, log on to Napthens’ charity website, at www.justgiving.com/napthens

Napthens will next sponsor the Rosemere family 5k run and sponsored walk in Witton Park,

Contact: Terry.Griffin@napthens.co.uk 01772 904259

Blackpool: 41-43 Springfield Road, Blackpool, FY1 1PZ DX 714350 Blackpool 5 Tel: 01253 622 305 Fax: 01253 295 591 Email: Blackpool@napthens.co.uk

Chorley: 10-12 St Thomas's Road, Chorley, PR7 1HR DX 18412 Chorley Tel: 0845 260 2111 Fax: 01257 260 096 Email: Chorley@napthens.co.uk

n a pth en s.co.uk www.n Napthens LLP, registered office: 7 Winckley Square, Preston, Lancashire PR1 3JD. Napthens LLP is a limited liability partnership registered in England and Wales: OC325775. The term “Partner” indicates a member of Napthens LLP who is not in partnership for the purpose of the Partnership Act 1890. A list of members is available from our registered office.

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