Member News

Three former Associates at Ashton KCJ Solicitors have been promoted to become Partners in the firm from 1st October. They are Damian Humphrey, Adrian Mundell and Simon Parker.

Damian is a Solicitor in the Company Commercial team in the Norwich office, playing a key part in developing the firm’s franchising work, Adrian heads the Court of Protection team which specialises in deputyships for people who have suffered catastrophic injury, and Simon leads one of the busiest Residential Property practices in Norwich.

All three have been with the firm for over five years and have recently successfully completed an in-house Partner Development Programme.

These promotions underscore the firm’s commitment to growth across all our service areas and come hard on the heels of our success in the recent UK Legal 500 rankings.

Steeles Law has recruited a new Solicitor to join the firm’s long established wills and probate team based in Diss.

Amy Taylor qualified as a Solicitor in 2008 and has strong regional ties, having studied Law at the University of East Anglia before completing her training and post qualification experience at a Suffolk based firm.

Amy specialises in Wills, Probate, Lasting Powers of Attorney, tax planning trusts and Court of Protection applications.

Commenting on her appointment, Amy said: “I’m excited to join Steeles Law and build on my experience in advising and assisting private clients with their personal affairs.”

This is the latest appointment for Steeles Law, a firm which is proud to retain its roots in Diss, whilst also serving clients from its headquarters in Norwich and offices in Central London.

Norwich Business Group (NBG), which this year celebrates its 21st year of running monthly business networking events in the city, is putting on a Charity Dinner Dance in aid of two worthy causes – Nelson’s Journey and Action for Blind People.

The black tie event will be held on Friday 19 October from 7.30pm at The Mercure Hotel, Boundary Road and will feature live music, sponsored by Steeles Law, and an auction, overseen by NBG committee member Nigel Morgan of Spalding & Co.

Speaking of the fundraising event, Carol Plunkett, Funding & Marketing Officer at Nelson’s Journey commented: “Due to an increase in referrals over the previous years, we have increased our residential therapeutic weekends for bereaved children from four to six and will be working with around 300 children this year. We rely entirely on donations to sustain this service to children and young people in Norfolk and are very grateful to organisations such as Norwich Business Group, who choose to support us in this way.”

Derek Rix, Head of Operations at Action for Blind People added: “We will use the money raised to fund our ongoing work for people with sight loss, helping them in many aspects of their lives, supporting them in finding the right services and products to live independently.”

Tickets sales for the event are going well and NBG are looking for individuals and businesses to take the final few tables. Priced at £25 each, tickets can be purchased from Nelson’s Journey (01603 431788), Action for Blind People (01603 455767) or Steeles Law (01603 598000).

When a relationship breaks down you are often faced with decisions surrounding several difficult issues. These issues include arrangements for looking after any children and paying child maintenance; how assets, debts and property are to be divided; and how pensions and benefits are to be adjusted. Naturally, many people will be conscious about finances during this uncertain and stressful time, and a “DIY” or online divorce, or one that is handled through a telephone call centre at a knock down price, may be appealing.

However, you should avoid falling into this potential trap as it can often be a false economy. Some providers of DIY legal services are simply charging for access to court forms and guidance that is already freely available from the court itself. Generally, DIY divorce services are marketed as being useful for uncontested divorce applications.

You must consider your position should the divorce application be contested. The one-off fee charged for these services does not normally provide access to immediate expert legal advice by a qualified solicitor, which you would undoubtedly need should you be in this situation. There may also not be an option to meet locally and in private to discuss concerns. Furthermore, as some of these service providers are not authorised or regulated by the Solicitors Regulation Authority, options are very limited should there be a mistake or grievance.

Another, more practical consideration is that many of these services do not file the documents with the court on your behalf, unless an additional fee is paid. Even upon payment of such fee, the forms will not necessarily be filed with a court that is local to you – instead the provider will file with a court most convenient to them. In this scenario, should the divorce be successful and afterwards you want to file a consent order or a “clean break” with the court, then you will find yourself dealing with and possibly driving to a court that is nowhere near your home county.

As family law issues can be legally and financially complex, and personal by nature, most clients appreciate the support of a local dedicated solicitor who will provide direct access to good information, advice and support on these delicate matters. A professional will discuss your options and the potential consequences of your decisions, particularly those affecting children, assets and finances. Expert legal advice and representation that is local to you, such as that offered by Steeles Law, is essential to properly manage and mitigate the effects of family law matters. The professionals at Steeles Law are empathetic and approachable and enjoy building a rapport with clients, and can offer emotional support, as well as practical support, where needed.

Our family team have been praised in the latest edition of the Legal 500, an independent guide to the legal profession, with clients commenting that the team “treats clients well and is excellent value”. Head of team Amanda Owens is praised for being “incisive, with a delightful human touch” and Emma Alfieri as “thoughtful and grounded, and really puts clients at ease”.

To arrange an appointment either call on 01603 598000 or 01379 652141 or email [email protected].

Find out why you need to research and profile your website visitors and how to do it in our fun, new interactive customer profiling guide.

A full and comprehensive guide to Customer Profiling for your website can also be downloaded.

The 2012 edition of the Legal 500, considered to be the leading independent guide to the legal profession, was released today.

Leathes Prior has this year received its record number of rankings – testament to its growing reputation as a leading firm not only in Norwich and East Anglia but in many areas of specialism, nationally.

The past 12 months have proved exciting times for the firm as it continues to enjoy the success of its traditional, core commercial and private-client services coupled with its range of innovative, niche specialisms. The Legal 500 reports that clients speak with consistency about the firm’s partner-led ethos, its approachable and dynamic manner and the cost-effective nature of its services.

One particularly noteworthy entry is for the dispute resolution team, praised as “honest, straightforward and extremely accomplished”. Headed by partner Mike Barlow, cited as “a leading light for his knowledge and ability”, alongside the highly recommended partner Darren Bowen, this team continues to provide impressive results, as evidenced recently by the work undertaken AgChemAccess Limited.

Strengthening the commercial offering and reinforcing Leathes Prior’s client-focused approach is the corporate and commercial team, which includes the “excellent” partner Peter Sheppard – who “acts as if he is a member of the client’s team” – and the highly experienced partner Paul Warman, who “works hard in his client’s best interests”.

Taken alongside the highly specialist IT and intellectual property teams, where solicitor Kitty Rosser is said by the Legal 500 “to enjoy a developing reputation, clients’ commercial affairs are in safe hands.”

The firm’s real estate team, praised for being “always approachable and prompt” and “very good value”, has had an extremely busy year, with partner Rob Sibley and the “timely and professional” associate Chris Hoxley singled out.

In addition, the “confident and pragmatic approach” taken by the firm’s agricultural and estates team has taken it from strength to strength, with Rob Sibley, senior partner William Riley, Darren Bowen and associate Paul Oldershaw praised for their “vast experience”.

Leathes Prior’s property litigators have had a hugely successful year, with Darren Bowen praised for his “attention to detail”.

The firm’s “very strong” employment team has had another impressive year, with partner Dan Chapman and associate Katie Franklin reported to be “extremely quick, thorough and efficient” in the provision of proactive and commercially-astute advice to clients of an increasingly national presence, such as Fowler Welch Coolchain, British Horseracing Authority, CVS Vets, the Education Travel Group and Caterham F1. Recently appointed partner Paula Lawn continues to head the impressive claimant-orientated unit.

The “highly organised” Mr Chapman has also added breadth and expertise to the sports law team, which has a growing client base acting for a number of football clubs, regulatory bodies, motorsports teams and leading sports individuals, and has recently launched a football agency division under its Full Contact brand.

Other noteworthy niche areas the firm has continued to develop over the past year include healthcare and education. The healthcare team has been praised for being “genuine and enthusiastic” in the provision of its advice on multi-million-pound contracts in the healthcare sector, and the education team provides “exemplary service and extremely quick responses”.

In the field of insolvency and corporate recovery, partner Adam McCaw’s team said to be “practical, technical and calm in a crisis”, and the debt recovery team, where “responses are prompt, advice is sound and the team is honest and straightforward”.

The firm has a longstanding expertise in private-client work, providing focused support to individuals during times when professional support is needed most. Hazel Gill (partner and head of the personal tax, trusts and probate team) is commended for being a “terrific listener”, whose “knowledge, efficient and people skills are admirable”, and Alisdair Douglas (partner and head of the family team) has “a full grasp of what needs to be done”, with his team being “easy to deal with, polite and courteous”.

Leathes Prior’s charities team “responds quickly and gives good support” and is said to have “great awareness and understanding”.

The firm’s regulatory offering is headed by partner Tim Cary, who is said to be “superb” and “outstanding” and able to compete and often outperform City of London rivals. In the specialist areas of crime, health and safety, licensing and transport, Tim and his team are praised for being “extremely thorough” and for their “ease of access to partner-led advice, and strong focus on customer service”.

2012 marks the 20th Anniversary of the successful relocation of UFS Ltd T/A Uniex Freight Services (formerly Uniex Transport) to Thetford in Norfolk

Specialising in road freight services to / from all over Europe with core markets being Holland / Belgium / Germany / Switzerland and France

UFS Ltd, established in 1963, moved their head office to the purpose built site in Thetford offering 1000m2 of warehousing capability. Over the coming years the company has gone from strength to strength resulting in the addition of two further warehouses, 555m2 and 350m2 respectively in order to accommodate the increased demand for warehousing space from both local and overseas companies alike. The demand has grown largely due to the fact that UFS Ltd can offer 24/7 security with CCTV monitoring to give their clients peace of mind that their goods are in safe hands and the capability of UFS Lts to handle hazardous cargo (ADR/IMDG) with their own trained staff, indeed one of their warehouses has been specifically designed for the safe handling and storage of dangerous goods with interceptor drainage to avoid pollution of the local environment

UFS Ltd has always been a privately owned company and in 2004 became a family owned company when the founder member retired. This not only brought new owners but also saw the re-branding of the Uniex name and company logo

With additional offices in Manchester offering Worldwide Seafreight / Airfreight services and in Dover offering a 24/7 attended service for customs formalities for cargo arriving in and leaving the UK, UFS Ltd can claim to be a one-stop shop for clients which are made up of internationally renowned blue chip, locals and other freight forwarding companies alike

For any enquiries please contact the Sales Manager, David Cowell on 01842 751751 or [email protected]

The Partners of Leathes Prior are delighted to announce that Leo McMahon, currently trainee solicitor within the firm’s Wills, Trusts and Probate Team, has qualified as a Solicitor with effect from 17 September 2012.

Leo joined Leathes Prior as a Trainee Solicitor in September 2010 and qualified into the Private Client and Real Estate Teams in September 2012. He now focuses on property work, Wills and Trusts, and the Administration of Estates.

Leo grew up in rural North Norfolk before graduating from the University of Kent in 2006 with a degree in English and American Literature. Leo returned to Norwich to complete the Graduate Diploma in Legal Studies at the UEA in 2008.

Leo is a keen follower of cricket and other sports, and enjoys spending time in the Norfolk countryside.

A recent decision of the Employment Appeal Tribunal (EAT) has confirmed that a taxi driver who was free to work as and when he liked was not an employee. Professional Support Lawyer Elizabeth Stevens and Trainee Solicitor Laura Tanguay report.

The claimant in this case, Mr Knight, worked as a taxi driver with Fairway & Kenwood Car Service. Under the terms of their written agreement, Mr Knight was free to work or not work as and when he pleased.

Mr Knight brought a claim for wrongful dismissal, which was rejected by the employment tribunal on the grounds that he was not engaged under a contract of employment. He appealed against the tribunal’s decision to the EAT.

The EAT reviewed the relevant case law in this area which has established that, for a contract to be a contract of employment, it must infer an obligation to work and enable the employer to exercise some degree of control.

The EAT considered whether Mr Knight was under any obligation to work for Fairway & Kenwood and concluded that he was not. There was no contractual requirement for him to work a minimum number of hours or accept a minimum number of jobs. So long as the weekly ‘rent’ was paid to Fairway & Kenwood, Mr Knight was not in fact obliged to work at all. The fact that the taxi driver actually worked seven days a week in reality was not, in itself, sufficient to say that an employee-employer relationship should be implied by the tribunal.

Mr Knight’s appeal was therefore dismissed by the EAT and his claim for wrongful dismissal rejected.

Comment

This case is a useful reminder that tribunals will not infer an employee-employer relationship where there is clear evidence (in this case a written agreement between the parties) that a worker is not required to work – even if in reality he or she is working seven days a week. There was no suggestion in this case that the agreement was a sham and did not reflect the true arrangement between the parties. It is important when engaging such workers to make sure that any written agreement is an accurate reflection of the working arrangements.

A copy of the EAT judgment is available here.

A recent decision of the Employment Appeal Tribunal (EAT) has confirmed that a taxi driver who was free to work as and when he liked was not an employee. Professional Support Lawyer Elizabeth Stevens and Trainee Solicitor Laura Tanguay report.

The claimant in this case, Mr Knight, worked as a taxi driver with Fairway & Kenwood Car Service. Under the terms of their written agreement, Mr Knight was free to work or not work as and when he pleased.

Mr Knight brought a claim for wrongful dismissal, which was rejected by the employment tribunal on the grounds that he was not engaged under a contract of employment. He appealed against the tribunal’s decision to the EAT.

The EAT reviewed the relevant case law in this area which has established that, for a contract to be a contract of employment, it must infer an obligation to work and enable the employer to exercise some degree of control.

The EAT considered whether Mr Knight was under any obligation to work for Fairway & Kenwood and concluded that he was not. There was no contractual requirement for him to work a minimum number of hours or accept a minimum number of jobs. So long as the weekly ‘rent’ was paid to Fairway & Kenwood, Mr Knight was not in fact obliged to work at all. The fact that the taxi driver actually worked seven days a week in reality was not, in itself, sufficient to say that an employee-employer relationship should be implied by the tribunal.

Mr Knight’s appeal was therefore dismissed by the EAT and his claim for wrongful dismissal rejected.

Comment

This case is a useful reminder that tribunals will not infer an employee-employer relationship where there is clear evidence (in this case a written agreement between the parties) that a worker is not required to work – even if in reality he or she is working seven days a week. There was no suggestion in this case that the agreement was a sham and did not reflect the true arrangement between the parties. It is important when engaging such workers to make sure that any written agreement is an accurate reflection of the working arrangements.

A copy of the EAT judgment is available here.

Talented young Great Yarmouth chef Daniel Marshall faces an Olympic-style challenge in the kitchen as he represents Great Britain in a culinary contest against rivals from around the world.

Having been voted best young chef in the country, the 21-year-old will take on more than 20 other fledging contestants in Berlin tomorrow for the title of International Young Chef of the Year.

It’s the 36th international final of the Chaîne des Rôtisseurs’ Young Chef contest, one of the most prestigious in the business.

Daniel, a chef de partie at the Imperial Hotel, was thrilled to win the national title and has no qualms about taking on some of the world’s top young chefs from as far afield as Australia, Italy, Japan, Indonesia, Israel, the USA and Russia.

“We have to create a three-course menu for four people out of a ‘mystery box’ of ingredients in three-and-a-half hours,” he said. “I’m fairly confident about the taste and presentation of my food but I mainly worry about getting the menu right. We have only half an hour to plan it and you know the meal must eventually be perfect and on time.

“It will be a wonderful experience as we are visiting restaurants and food markets around Berlin and later I have a month working alongside 2 Michelin star chef Nils Henkel in Germany.”

Daniel’s success in the GB final has already brought him the prize of two days cooking with Anton Mosimann in London and six days with the Red Carnation boutique hotel group.

But he still loves going back to work at the Imperial in Great Yarmouth – close to his home in St Peters Road – and learning from the award-winning chefs there. And his head won’t be turned however he fares in the international final.

“You have to be ambitious and I have various ideas for the future but I have a lot to learn yet,” said the former Great Yarmouth College student.

Imperial Hotel director Nicholas Mobbs said: “Daniel has tremendous ability and enthusiasm and deserves to do well. It would be like another Gold Medal for GB and Norfolk if he succeeds.”

Employment law is one of the most complex and fast moving areas of law and keeping up to date with these changes can prove vital to protecting and advancing your commercial interests.

Leading east of England law firm Birketts are holding half day seminars followed by lunch and networking in Norwich, Cambridge, Ipswich, Chelmsford, Norwich, Kings Lynn, Great Yarmouth and Huntingdon across September to bring you up to date on the key legislative and case law developments of the last year and those we can expect to see in 2013.

Topics to be discussed include:

• Changes relating to holidays redundancies and conduct dismissal • Polices and procedures – are you up to date and complying with recent developments? • What can we expect to happen in employment law in the next 12 months?

Tom Wagstaff a Partner in Birketts’ employment team commented”. In the last seven years we’ve seen big changes which have significant practical implications for HR Teams. Our focus in these seminars will be on developments affecting your day to day management of staff “

To book a place at one of our seminars please email [email protected] and specify the place of the event you would like to attend in the subject heading.