O slideshow foi denunciado.
Seu SlideShare está sendo baixado. ×

Legal Feature Nov 14

Anúncio
Anúncio
Anúncio
Anúncio
Anúncio
Anúncio
Anúncio
Anúncio
Anúncio
Anúncio
Anúncio
Anúncio
Próximos SlideShares
Presentation d.a. english
Presentation d.a. english
Carregando em…3
×

Confira estes a seguir

1 de 5 Anúncio
Anúncio

Mais Conteúdo rRelacionado

Diapositivos para si (18)

Semelhante a Legal Feature Nov 14 (20)

Anúncio

Legal Feature Nov 14

  1. 1. This month we’ve been talking with some of Cornwall’s leading legal professions who have advised on some of the key considerations for business In an age of increasing corporate red tape where you often have to tread so carefully in business, it has never be more important to have a decent legal professional to cover your back. In recent years the legal sector has been subject of a great deal of deregula- tion and the introduction of the Alterna- tive Business Structure (ABS) meaning that non-solicitors can own and invest in law firms. The purpose of which was to shake-up and wake-up the profession in light of creating a more competitive, open and efficient sector. This has meant that the some of the more traditional firms averse to change have been struggling whereas others that have embraced the competition are reaping the rewards of a more effective business model. Effective utilisation of fee earners and the implementation of modern marketing methods combined with a general open mindedness are among the things neces- sary to stay competitive in these times of change. It’s great to see firms thriving here in Cornwall. An increase in business confi- dence this year saw an upturn in activity in key practice areas. www.businesscornwall.co.ukBusiness Cornwall Magazine - November 2014 17
  2. 2. Foot Anstey has been ranked amongst the most innova- tive in the industry with its presence in the annual Financial Times Innovative Lawyers report. The regional law firm was ranked for its work in advising the retailers Screwfix and B&Q TradePoint on its scheme to offer improved access to credit for tradespeople. Foot Anstey has also been shortlisted for the category UK Law Firm in the 2014 British Legal Awards as well as being recognised as a regional heavyweight in The Legal 500. The Legal 500 is an independent guide to the legal profes- sion which saw the presence of various firms within Cornwall. Stephens Scown LLP was also described as a regional heavy- weight and received tier 1 ranking for its family law team, as well as its contentious trusts and probate work, according to the 2014 edition of Legal 500, which was published last month. Stephens Scown was the highest ranked Cornish firm in a further nine categories including corporate, agriculture, chari- ties, social housing and planning. Eight of the firm’s lawyers in Cornwall were also recom- mended by the guide. Ian Lamond and Chris Tofts from the firm’s environment team are recommended for their “profes- sional, efficient and personable service”, while Phil Reed, who heads up the firm’s rural services team is recommended for his private client work. Truro-based Murrell Associates was also recognised as one of the top for corporate and commercial in the West Country. Preston Goldburn of Falmouth was ranked as one of the top for clinical negligence. Meanwhile, Liskeard Solicitors, Caunters recently announced the opening of its new office in Looe, returning to the town after an absence of some 15 years. Directors Luke Vallance and James Outten are delighted to be joined by consultant solicitor Simon Outten who brings experience and expertise in commercial and employment Law including intellectual property. Simon was previously a senior partner in a top Legal 500 firm on the south coast. Vallance says: “We have excellent local support already and with the new office are seeking to provide further in-depth support to local businesses whether small or large.” Positive Having a good solicitor really can have a positive effect on a business. Bill Clarke, owner and managing director of Trewithen Dairy credits his business’s growth to patience, hard work and a 30-year association with local law firm Stephens Scown. Now, he is backing a Law Society campaign to promote the work of solicitors. He says the south west law firm has helped him with everything from conveyancing and contract law issues, to employment law and intellectual property protection. Robert Camp, managing partner of Stephens Scown, adds: “Stephens Scown is delighted to be involved with the Law Society’s consumer campaign. We welcome any work that helps to raise the profile of the hard work solicitors do for their clients, day in day out. It’s great to see firms thriving here in Cornwall. An increase in business confidence this year saw an upturn in activity in key practice areas ” Robert Camp The team at Caunters ■ Preserve customer relationships ■ Prevent issues before they start ■ Give you more time to run or manage your business ■ Reduce your debt ■ Improve your cash flow ■ Recover your money with minimum stress and cost www.businesscornwall.co.uk Business Cornwall Magazine - November 2014Legal Feature18
  3. 3. The term ‘corporate’ is sometimes simply associated with high profile companies quoted on the market, political attempts to control ‘fat cat’ directors and wayward corporate governance in large financial institu- tions, writes Hugh Murrell, director of Murrell Associates. In fact, it covers a number of issues relevant to companies, both large and small, public or private, listed or unlisted. For all companies, the structure of the business, the role of directors and man- agement, the interaction between man- agement and shareholders and planned exit strategies to name just a few will be important matters for consideration. Any solicitor advising a company not only needs to understand the statutory framework within which companies work but also the requirements of the particu- lar business operated by that company. Experience will dictate what kind of agreements shareholders might need not only to protect their own interests but also those of the company generally. If acquiring or disposing of a business the company and its directors will likewise want to ensure that the commercial bar- gain reached is properly reflected in the ultimate terms of the legal agreements and their interests suitably protected. With more than 25 years of advising companies on corporate issues, we as a team have the breadth of knowledge and experience necessary to help. Renewable Energy As we lurch towards yet another change in the funding of renewable energy in the UK next year, so the pace of work in terms of acquisition, development and sometimes disposal of larger renewable projects (both solar and wind) increases. No one is quite sure what is going to happen, but with long term government  commitments as yet unchanged we know that whatever government we get next year this sector will remain an important element of the overall energy industry in this country. Having become involved early on in the renewables industry Murrell Associates has built up considerable expertise in various property and corporate aspects of renew- able energy work. We can advise on the acquisition of sites, the ownership struc- ture of projects, finance arrangements and ultimate disposal. Experience that counts Murrell Associates is a Truro-based Legal 500 firm specialising in Corporate, Commercial Property, Corporate Finance, Renewable Energy, Commercial, Intellectual Property, Information Technology, Small Business, Company Law, Partnerships and Ship Finance. For more information please ring 01872 226990 or visit www.murrellassociates.co.uk “Whether you are buying your first home, trying to get back on your feet following an injury, or working to get your new business up and running, speaking to a solicitor can help give you the professional, expert advice you need. “The Law Society helps by providing regular and practical information and updates in a fast changing area of business.” The Law Society’s ‘Use a Professional’ campaign was launched in September and will encourage members of the public to speak to a solicitor to resolve any disputes they have, while also raising the profile of the work solicitors do, and promoting the Find a Solicitor website. One of the services a solicitor can provide, of course, is wills. It is also, however, something many lay people try and do themselves – often with disastrous consequences. Falmouth firm, Hine Downing, warns against this, amid new figures released by the High Court showing that claims for mishandling deceased people’s estates have more than tripled over the last year. The claims range from theft of assets by the executor to fraudulent distribution of assets to favour certain beneficiaries of the will above others. “We regularly come across people attempting to draw up their own wills and administer estates within their own fami- lies in order to save money,” says Hine Downing probate part- ner William Richards. “But in some cases this really can prove to be a false economy and sometimes an expensive mistake.” Donna Negus, director of Sekoya Specialist Employment Services, gives a few words of advice on the changes to flexible working: As of June 30, all employees have the legal right to request flexible working, not just parents and carers. Employees must have worked for the same employer for at least 26 weeks to be eligible. What employers must do Employers must consider requests in a ‘reasonable manner’ including: • assessing advantages and disad- vantages of the request • holding a meeting to discuss the request • offering an appeal • take specialist advice If an employer does not handle a request in a reasonable manner, the employee can take them to an Employ- ment Tribunal, but can refuse an applica- tion if they have a good business reason. E: donna@sekoya.com www.sekoya.com Tel: 01872 306100 Being flexible Hugh Murrell Commercial and Renewables www.businesscornwall.co.ukBusiness Cornwall Magazine - November 2014 Legal Feature 19
  4. 4. Many of us dream of coming up with the perfect idea for a product that has never been made before, but for one Cornish entrepreneur that has become a reality, growing from an idea to a flourishing business in just a few years. Inspired by her baby son Jimmy chewing on his fist, Jodine Boothby went on-line to see if she could buy a teething mitten for him. Seeing there was none available, she realised there could be a gap in the market. A world- wide patent search showed that there were no similar products available. Jodine explains: “I had just £1,000 savings to use and was juggling being a mum to a young baby with product research and development, but I knew the idea was a good one. The hard work was worthwhile, as the end result was Gummee Glove, a unique teething mitten for 3-6 month old babies. With secure fas- tenings to ensure the glove stays in place, Gummee Glove enables young babies to get relief from sore gums before they are able to hold traditional teethers.” Fast forward a couple of years and Jodine’s business now employs five peo- ple and has added a new product – anti- scratch teething mittens for newborns. In her first year of trading Jodine sold 4,000 units, in her second she sold 40,000 – a jaw dropping increase of 900%. Half of Gummee Glove’s sales are overseas, with the products now sold in eight countries around the world. Gummee Glove’s success is remarka- ble, even more so considering that Jodine does not have a background in product design. Jodine adds: “Having worked for 12 years with Tamar Foods, much of that time in quality assurance, I gained a thorough understanding of manufactur- ing, albeit for very different products. However, I knew I needed expert advice to help me grow and protect my business.” That is where local solicitor’s Stephens Scown LLP comes in. The firm’s IP specialist Tom Moore initially conducted a free IP MOT for Gummee Glove, which identified the business’s Intellectual Property (IP) assets, and advised on how best to pro- tect and exploit them. A detailed IP audit followed and then a wide range of IP protection was implemented, covering trademark and design rights. Explaining the importance of intellec- tual property to her business Jodine says: “Gummee Glove is all about our product and the brand and right from the start this has been one of my main concerns. Realising that I had come up with a unique idea was fantastic, but immedi- ately I worried about how to protect it. Stephens Scown’s advice has been fantas- tic, giving me reassurance that our trade marks and design rights are protected in the UK and key international markets. Not only that, but they have helped me to make sure that the trade marks and design rights are maximised, through ensuring that I have the right distributor contracts in place for example.” Stephens Scown’s advice has also cov- ered non-disclosure agreements. Jodine adds: “It was important that I could talk to retailers and distributors about the product. One of the first times I spoke to Tom was while I was at a trade show in Las Vegas. I wanted to talk to possible distributors about the product and I was unsure about what I could safely tell them. Tom was fantastic – I called him in the middle of the night from America and he was able to turn around a non- disclosure agreement in an hour or so.” The rapid growth of Gummee Glove has also meant that the business now employs five people. To help manage this, Jodine chose Stephens Scown’s HRExpress service, which gives her unlimited access to a helpline with experienced employment lawyers and HR experts, as well as expertly drafted employment contracts, staff handbooks and other policies she requires for a fixed monthly fee. Jodine said: “It is great to know that help is at hand at the end of the phone if I need advice on employment law or an HR issue. I’ve really appreciated this support as I’m taking on more staff and growing the business.” Summing up the service she has received from Stephens Scown, Jodine says: “If I was to describe Stephens Scown in a few words I’d choose: reli- able, fast, informative and dependable. I know that they are always at the end of the phone and will get back to me on any of my questions really quickly. Hav- ing that support has given me peace of mind, allowing me to focus on growing my business.” So what does the future hold for Jodine and Gummee Glove? “We’ve got so many ideas for new teething products that we are going to develop under the Gummee brand. The next few years are going to be exciting ones, and I can’t wait!” If her first few years in business are anything to go by, the sky is the limit for this Cornish success story! Sky’s the limit for Cornish entrepreneur Stephens Scown’s corporate team provides expert legal advice to help Cornish businesses at every stage of their journey, from launch to expansion; from profit sharing to succession planning and everything in between. To contact the team, please call 01872 265100, email corporate.cornwall@ stephens-scown.co.uk or visit www.stephens-scown.co.uk Jodine Boothby Gummee Glove Intellectual Property www.businesscornwall.co.uk Business Cornwall Magazine - November 2014Legal Feature20
  5. 5. According to Launceston based law firm Peters Langsford Davies the Commercial Property market in Corn- wall is an improving one, but one in which tenants remain in a relatively strong position. “Whilst we are witnessing signs of an upturn in economic confidence land- lords aren’t banking on a glut of poten- tial tenants so in their quest to keep properties from being empty there are deals to be done.” explains partner and head of property Helen Davies. Helen though offers a word of caution when it comes to negotiations “it is important that both landlords and tenants agree the detail with full understanding of the implications. That is why all parties should have their legal advisor involved early on in the process.” Peters Langsford Davies offer a com- prehensive Commercial Property service which includes offering advice on buying or selling commercial property, leaseholds, planning and environmental issues and land use diversification.  The firm is also expanding its service to businesses, farmers and landown- ers who are looking at renewable energy projects. With over 20 years of renewable energy experience, PLD partner Helen Davies is a renewables legal expert in acting for landowners. As Helen says “More and more busi- nesses, farmers and landowners are recognising the opportunities renewable energy offers them as a income stream. Despite funding changes, there is still plenty of activity going on. If you are considering a renewables project my advice would be to give me a call at the ear- liest opportu- nity to ensure nothing gets overlooked. Renewable energy projects can appear quite daunting from a legal perspective, which is why we focus on ensuring our help makes for a smooth and efficient process for our clients.” Peters Langsford Davies offer a range of legal services to businesses of all sizes across Cornwall. For more information please contact PLD as below. Commercial Property and Renewables with Peters Langsford Davies In these challeng- ing economic times it is an unfortunate fact that most businesses, large or small, are likely to come across customers, clients or tenants who cannot or will not pay their bills, writes Hine Downing expert Jo Fisher. Such debt problems create cash flow difficulties within your own business and resolving them is almost always time-con- suming, not to say costly and annoying. However unpleasant it is to have to recover money you are owed, the situa- tion is not of your making and if you are not able to reason or compromise with your debtor you probably need help. At Hine Downing we understand that to maximise the chances of recovering your debt it is necessary to act quickly and efficiently. We work directly with clients to provide a specialist debt recovery service. Whether a client has a small number of debts or is plagued with high volumes, we are able to offer a fixed-fee service across a range of fields including collec- tion advice, letters before action, issu- ing County Court proceedings, service of Statutory Demands, bankruptcy and winding-up proceedings and enforcement of Judgments. We are also able to offer credit control services including monitoring ledgers and setting up repayment plans. Here at Hine Downing we recognise that debt recovery and credit control is vital to the success and prosperity of all businesses, large and small. Commercial Property With the worst of the recession now hope- fully behind us, we are starting to see signs of more activity in the commercial sector, says commercial partner John Lowry. Much of this is still, however, funded by private equity as the banks continue to show little interest in backing property ventures – despite their stated intentions. The landscape has changed with commercial landlords having to swallow renewals at reduced rental values and upwards and downwards rent review clauses which I have rarely seen in my 28 years in the law. Our experienced team at Hine Down- ing is well-placed to help all interested parties in this changing commercial property climate. Strategic thinking and swift action are often crucial in securing a transaction and we work responsively, flexibly and to the tight timescales. Can’t pay, won’t pay? HineDowningisaprominentFalmouth-based firmofsixpartnersandsixmaindepartments specialisinginprobate,willsandtrusts,elder clientservices,residentialproperty,commercial law,disputeresolutionandfamilylaw. Comprehensivefinancialadviceisalsoavailable throughHineDowningFinancialServices– anindependentfinancialadvicecompany ownedbyHineDowningSolicitors.Formore informationonHineDowning,pleasecontact MartinDean,PracticeManageron01326 316655,general@hinedowning.comorvisit www.hinedowning.com Tel 01566 772451 Emailenquiries@peterslangsforddavies.com www.peterslangsforddavies.com Jo Fisher Debt Collection Helen Davies www.businesscornwall.co.ukBusiness Cornwall Magazine - November 2014 Legal Feature 21

×