The latest legal news and views from B P Collins LLP | Issue No. 23 July 2014 Inside this edition

EMPLOYMENTLLP members The ramifications of aSupreme Court decisionare wide-ranging | page 2

CORPORATEConsumer rightsAre you compliant withnew regulations whentrading? | page 3

LITIGATIONRogue directorsGovernment under pressureto tackle problem andincrease penalties | page 4

ENVIRONMENTFloodingWhat lessons have businesses learnt six months on? | page 5

PRIVATE CLIENTBaby boomLegal tips for when youwelcome a new addition tothe family | pages 6 and 7

FAMILYThe blame gameIs it time for a no faultdivorce? | page 8

REAL ESTATEStamp duty headachesAn experienced conveyancercan ease the pain | page 9

Don’t stand still: supporting the employee journeyEmployment law partner James Townsend understands just how dynamic the

employment environment is. In an evolving socio-economic climate, where attitudes,

regulation and technologies shift at an alarming pace – and the impact reverberates

throughout the workplace – he explains why nothing ever stands still.

It’s a fact of life: for one reason or another, staff leave.The challenge is to ensure that whilst they’re withyou, they remain motivated and productive – andthat when they exit, their departure is well managedand doesn’t unsettle business continuity andprofitability. From beginning to end, employees’tenures will be underpinned by policies and guidelinesto support their development, but despite the legalsmallprint, the whole process is a journey not adestination.

It begins with initial engagement around employmentcontracts, conditions and bonuses, but cansubsequently veer into grievances, disciplinary andcontractual disputes at a later stage. Journey’s endcan encompass aspects such as dismissal, tribunalclaims, enforcing /defending injunctions and evenpost-termination restrictions.

(continued on page 2)

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By establishing an open relationship with atrusted legal partner, businesses can share theirlong-term goals and ongoing challenges –allowing the legal team to tailor advice andpolicies that align with identified businessneeds.

This process typically begins with thedevelopment of a wide-ranging EmploymentHandbook, which sets out all of the mandatoryterms and conditions of a contract ofemployment, as well as individual companyguidance around aspects such as smoking,company car or flexible working policies.Companies are, by law, required to publishpolicies around equal opportunities,whistleblowing, health and safety, grievanceand disciplinary matters.

A robust Employment Handbook is designed toprovide clarity for employees, and set out atransparent framework of a company’s termsof engagement. It is, however, merely afoundation; it’s not the end of the job, it is justthe beginning.

The employee journey may includeconfidentiality breaches, IP protection,discrimination and mass redundancy.Succession planning can also lead to employeedisputes. In recent times, there has been anincrease in less common employment issues,many of which reflect cultural andtechnological evolution. A topical example isthe issue of workplace immigration in the wakeof the UK’s tougher legislative stance onmigrant labour.

Changes to legislation around discriminationpresent further challenges for employers. Nowcovered by the Equality Act 2010,discrimination law has been extended toinclude age, disability, gender, ethnic origin,religious beliefs and sexual orientation.

In an ever-changing business climate, theimportance of sustaining a strong relationshipwith an employment lawyer cannot be over-estimated. The employee journey may containcommon and familiar landmarks, but it alsodiffers from individual to individual. It’s only byengaging in an ongoing dialogue with a trustedadvisor that companies can respond to – andindeed plan for – the everyday challenges inthe workplace.

Employment issues often arise quickly andfrequently – but a company’s speed of responsecan make all the difference between amanageable issue and the escalation intomore significant crises with far-reachingrepercussions.

Employees will undoubtedly come and go – butfor employers, the journey is never-ending. In adynamic environment, the challenge ofbalancing employee rights and protectingcommercial interests is a daily event. The job isnever done.

The answer is to ensure that you never standstill – and to understand that there is alwaysscope to adapt policies to reflect the changingmarketplace. And by working in closepartnership with a trusted legal advisor, youcan make sure that the journey is safe,enjoyable and fruitful for both your businessand its employees.

Employment

2

Employees will undoubtedly come and go – but for employers, the journey is never-ending. In a dynamic environment, the challenge of balancing employee rights and protecting commercial interests is a daily event.

The job is never done.

The ramifications of the decision in Clyde & CoLLP and another v Bates van Winkelhof are wide-ranging, affecting a host of professionals in partnerships, both large and small. LLPmembers, including equity members, are nowprotected against dismissal as a result of makinga protected disclosure (or "blowing the whistle").

Beyond whistleblowing protection, workers arenow entitled to a range of other statutory rights,including paid annual leave, limits on workingtime, national minimum wage and protectionfrom unlawful deductions from wages.

More importantly, however, is that LLP membersare now likely to be classed as "jobholders"under the Pensions Act 2008 for auto-enrolmentpurposes. So, if your firm has passed its stagingdate, it could face retrospective claims frommembers.

Employment law partner and member of theAssociation of Partnership Practitioners, Jo Daviswarns that while most partnerships operatesmoothly, from time-to-time issues arise thathave to be addressed. The Supreme Courtdecision gives members the capacity to make itmore of a minefield for LLPs to address thoseissues.

"Faced with such obstacles, many businesseschoose to ignore the problem or, worse still, startto address it but abandon the attempt whenthings get sticky," say Jo. "My role is to ensurethat all businesses are not hindered in theirprogression and have the tools to address staffissues, at all levels, when they arise."

If you are a LLP member and would like

to discuss this decision, the question of

compulsory retirement of partners or any

other partnership or staffing issue, call

Jo Davis on 01753 279029 or email

jo.davis@bpcollins.co.uk

Following a recent landmark decision

of the Supreme Court, a member of a

LLP is now to be treated as a "worker"

for the purposes of employment law

rights.

Don't ignore newrights for LLP members

Whether reviewing your existing policiesand procedures for compliance, ensuringyour contracts are robust or advising onclaims – we successfully handle allemployment law issues, protecting you,your business and your people. To speakwith a member of our employment lawteam call 01753 279029.

Commercial contracts

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Diane Yarrow, partner in the corporate andcommercial practice, warns: "There are someexceptions, but it is safest to assume that if youdeal with consumers, the new regulations aregoing to apply to your business and to find outmore by contacting us."

Diane explains that depending on how youalready operate your business, the impact ofthe regulations could be dealt with simply bymaking some administrative and practicalchanges to your processes and the ways inwhich you interact with customers.

For other businesses however, the regulationscould have a huge effect on currentcommunications to consumers – includingunaddressed or addressed printed matter;letters, press advertising with order forms,catalogues, telephone with or without humanintervention, email, fax, and television(teleshopping) – with the resulting costimplications being significant.

"There are a number of changes that couldaffect your business, but in short, these applymainly to the information that a consumermust be provided with before entering into acontract and then to the rights that aconsumer has to cancel," Diane explains.

Pre-contract information

The regulations list the information that abusiness has to provide to a consumer at thepre-contract stage. For many businesses thiswill be information that they already provide.For example, a consumer ordering online must be given details of your complaintshandling policy.

There are however some new requirements andyou should check the regulations or speak to us. Every applicable contract will be treatedas including a term that you have compliedwith the provision of information. Therefore, aconsumer could argue that failure to providethis information was a breach of contract.

Right to cancel

It is also important to note that not providinginformation about the right to cancel is acriminal offence. The "cooling off" periodduring which consumers can cancel a contracthas now been increased to 14 calendar days - asignificant change to the previous sevenworking days (for distance sales contracts) andseven calendar days (for doorstep salescontracts).

Some contracts are exempt from thecancellation rights including, urgent householdrepairs and bespoke and customised goods, butyou should take care and check whether any ofthe exemptions cover the work that you aredoing.

The regulations state that a business must notbegin to supply services until the cancellationperiod expires. If a business does, and theconsumer cancels the contract, then they willhave no obligation to pay. This may beconsidered as counterintuitive in a world whereconsumers are looking for quick turnarounds,but Diane says there is a solution.

"A business can begin to supply services early ifthe consumer has made an express request inwriting for them to do so. In this instance, ifthe consumer cancels during the 14-day period,

they will have to pay costs incurred up to thepoint of cancellation."

Some of the other changes include:

• Customers must be provided with a copy ofthe signed contract or with confirmation ofthe contract in writing.

• Unless agreed otherwise, goods should bedelivered with undue delay and within 30days.

• Goods remain at the risk of the trader untilthey are in the consumers’ possession, or thatof a person delegated to receive the goods(so you may want to reconsider leaving themon the doorstep!).

• Customers must be provided with a basicrate telephone number for post-contractqueries.

"Not only can B P Collins help to guide youthrough the changes so that you understandthe impact of these on your business, we canreview your existing documentation to ensurecompliance. We will also do the bit otherlawyers miss out," concludes Diane.

"We will work with you to ensure your terms ofbusiness are properly incorporated in yourcontracts with consumers and can providetraining to your sales and contract teams,giving you the confidence to carry out yournormal day-to-day business without worry."

How will new regulationsconsume your business?The new EU Consumer Rights Directive came into force in June, impacting many businesses.

The Consumer Contracts Regulations 2013 implement a single set of rules for those who sell

goods or services to consumers, including by way of distance selling and contracts formed

away from the seller’s business premises. All contracts made on-premises (a sale made at

your business premises), off-premises (door to door, sales made at a trade show etc.) and via

distance sales (telephone or online sales, including downloads) are caught.

To arrange a review of your current consumer contracts call a member of ourcommercial law team on 01753 279022 oremail commercial@bpcollins.co.uk

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Litigation and dispute resolution

In 2001-2, 1,761 successful cases were broughtagainst directors, yet just over half that number(961) were successful almost a decade later in2012-13. The main reason for this decline isthought to be that the Insolvency Service issimply not pursuing as many cases.

Conduct which can lead to a case beingbrought against a director might include: failingto keep correct accounting records or submittax returns; or more serious offences likemisusing company assets and continuing totrade to the detriment of the creditors at atime when the company was tradinginsolvently.

If found guilty, under the current regime, courtscan disqualify a person from being a director ofa company for a period of up to 15 years.Furthermore, the individual would be forbiddenfrom taking part in the promotion, formation ormanagement of a company. Breaking theseterms could lead to a prison sentence.

The Government is now thought to be underpressure to be seen to be tackling so-called“rogue directors”, which is partly why newproposals have arisen.

The actions of a “rogue director” can havedramatic consequences for businesses; fromunnecessary redundancies, to large financiallosses, to significant pay-outs under servicecontracts.

Under the current legislation, the InsolvencyService is restricted in the way it investigatescases of director unfitness and in the ensuingpunishments, but the new proposals look tofacilitate greater scope for the Service andother parties to bring cases to court.

The new measures include:

• Extending the time limit for bringing directordisqualification claims.

• Allowing courts to take account of widerconsideration when looking at whetherdirectors are "unfit" (including previousactions overseas and with other companies).

• An ability to award compensation against adisqualified director, allowing the recovery ofmoney to anyone who suffered from theiractions.

• Allowing claims arising out of directormisconduct to be assigned and brought byother interested parties, thereby wideningthe scope of those bringing claims.

Currently courts can only look at evidence thatarises from the particular misconduct in oneinstance. Under the new proposals, should adirector manage a number of companies orhave a history overseas, they may findthemselves coming under extra scrutinybecause the courts take this information intoaccount.

It is anticipated that the increasing scrutiny willhave both direct, and indirect, financialimplications both for company directors andbusinesses alike.

Directors could be subject to substantialpersonal fines, and would suffer from loss ofincome as well as reputational damage; theindividual would not be permitted to act as acharity trustee, a school governor, a trustee ofan occupational pension scheme or a memberof a police authority without permission of the court.

However, organisations too need to considerthe potential impact of these proposedchanges. A notable element of the newproposals will be a likely increase in theamount of litigation and disputes arising fromdirector misconduct.

Companies therefore need to ensure that theypossess suitable insurance cover; that theycarry out proper due diligence beforeappointing a new director, especially thosewith history overseas; and that contracts areupdated in accordance with the proposedlegislation.

Further, with the potential increase in casesthere will be the risk of an increased output inlegal fees, and so companies should check theextent of their director and officer insurancepolicies to ensure cover remains intact;certainly, this is something organisationsshould consider having a clear and well-communicated policy on.

Finally, businesses should consider successionplanning early on in any investigation and willneed to establish clear communications tocompany employees. All these matters mayrequire considered legal advice from a trustedlegal partner.

Greater scope for tackling “rogue directors” proposedAfter seeing a dramatic decline in the number of successful cases brought

against directors under the Company Director Disqualification Act 1986,

associate Simon Carroll examines a new Government proposal, which aims

to change legislation to not only increase possible penalties but also widen

the criteria on which directors are scrutinised.

To speak to a member of the litigation practice, about directors duties or if you require advice on a director dispute, call 01753 279037 or emaildisputes@bpcollins.co.uk

Following a rigorous assessment of flooddefences, the Environment Agency identifiedaround 1,000 sites that were in need of repairfollowing the floods. The £270m funding to fixthose sites will bring some comfort to thosebusinesses that suffered, however in order toprevent the same costly impact in the future,businesses must prepare for and take steps tomitigate the future risk of flooding.

The natural environment or great Britishweather can be difficult to contend with as it isso unpredictable. However, the recent floodshave highlighted a need for businesses toconsider the external risks that might affect them.

According to the FSB, around a third (32%) ofsmall businesses in flood-hit areas have seen areduction in demand for goods and services,while transport disruption has hindered themovement of goods and supplies for 29% ofcompanies. Sixteen percent of firms reportedstaff absences due to flooding, which of coursecan have a considerable impact on productivityand lead to increased pressure on those whoare able to get to work.

By taking the time to consider and identify thespectrum of potential issues or problems beforean organisation is actually faced with one ofthem, enables businesses to assess thepotential impact and put policies and systemsin place to mitigate the risks posed as far aspossible. This might mean that a business isable to minimise the identified risks – or evenreduce the effects of them.

In light of the recent flooding, it’s important toask several questions. Consider what theimpact might be if the road on which your

business property is based were closed or,worse still, entirely underwater. How wouldthis impact on your insurance? How would itimpact the operations of your business and,ultimately, profitability?

What would happen if your employees couldnot get into the office – does your businesshave flexible working policies in place for thiskind of occurrence? Are you set up for remoteworking? How will your business ensure thatclients are still being serviced?

If each of these points is not addressed, it couldresult in loss or reduction of earnings. Havingpolicies in place which are the product ofthinking about potential impacts and how tomitigate them can help alleviate the impactsuch an event might have on your business.

By understanding an organisation’senvironmental requirements and regularlyreviewing operations, businesses can develop arobust yet flexible framework to minimise riskand improve resilience. Businesses thatroutinely assess and proactively identify thechallenges they may encounter willundoubtedly be best placed to mitigate the riskof flooding.

Conduct a regular review and thorough testingof your business continuity plan to addressemergencies that might disrupt operations.Ensure your Employment Handbook ismaintained and that staff have read andunderstood the procedure if the office isinaccessible or they cannot get in.

In considering whether your business is at risk,it’s important to remember that flooding is notjust caused by rivers bursting their banks.

Flooding can result from rain water, river water,sea water and groundwater. The EnvironmentAgency offers a Floodline which allowsbusinesses to check whether they are locatedin a flood risk area and offers flood warnings forthose in areas of high risk.

Owners of business premises should establishwhether or not they can obtain compensationfrom the Government or their business insurers,as terms will become much tougher, if notimpossible, to secure near high risk sites.

In addition to considering how to protect yourexisting business, those looking at taking newpremises should also consider the risk offlooding. Look at where the property issituated, speak to those with local knowledgeabout the historic impact of flooding on thearea and pay close attention to the results ofthe Environmental Search that your propertylawyer should provide you with.

By working in partnership with our team oflegal experts, and other professionals, anorganisation can prepare and plan for theenvironmental challenges which could arise,including flooding, allowing organisations tocontinue in the comfort that there is a plan inplace to deal with the unexpected.

It’s hard to believe that six months have passed since the wettest winter on record, however

it’s not easy to forget the devastation that the flooding brought to residences and businesses

throughout the South of England. The floods cost small businesses across the country

a combined £831 million, according to the Federation of Small Businesses (FSB).

Data released by the FSB found that small businesses in flood-hit areas lost on

average £1,531 each, due to the impact of the floods.

Flooding: are you prepared forthe great British weather?

5

Environment

To understand more about the potentialflood risk to your business and how to prepare, contact a member of the environment team on 01753 279022 oremail enquiries@bpcollins.co.uk

According to an annual report from insurer LV=,the cost of raising a child and supporting themthrough university until the age of 21, is nowover £227,000, which includes food andclothing, hobbies and education.

Writing in the introduction to the report, MarkJones, LV=’s head of protection, said: “Bringingup a family has never been more expensive andthe costs are set to remain a pressure point formany families across the UK.

“Setting out the total cost of raising a childhelps highlight to parents the need to securetheir family’s financial future should anythingunexpected happen.”

Planning ahead and preparing for both theexpected and the unexpected is something thatthe private client practice at B P Collins believesis essential. The team has put together a simpleguide for new parents to help them considerthe legal implications they need to think aboutwhen a baby arrives.

Senior associate Christine Moore, explains: “Weknow any parent will be completely focused ontheir latest arrival, but it’s important they taketime out to consider how to protect andsupport their expanding family in the longerterm.

“There are many things new parents – andgrandparents – can do at an early stage to helpsecure a child’s financial future, for example, bysetting up a trust to pay for school fees, ordividing an estate in a particular way.

“It’s also important that where there are already children from a previousrelationship, careful considerationis given to looking after their best interests in the event ofsomething happening to a parent.We hope this guide will act as a usefulreference point for all new parents andwider families.”

Private client

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Legal lullaby ensurespeace of mind fornew parentsThe summer months are the most popular time for babies to be born and, ifsomeone in your family is expecting the patter of tiny feet, then prepare for lifeto change in a big way.

Of course, the early days will fly by in a routine of feeding, bathing and grabbinga few hours of much-needed sleep.

As the child grows up however, there are many financial and legal considerationsto think about alongside the more day-to-day battles, such as persuading them toeat their vegetables or tearing them away from the latest social media trend.

Private client

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• Make a will to ensure your children areadequately provided for in the event of yourdeath. You may have additional children inthe future, so ask your solicitor for the bestway to include them in the will.

• Appoint guardians for any children under 18so, if the worst happens, you know who willtake responsibility for looking after them.

• If grandparents are keen to help, then talk tothem about Inheritance Tax planning. Puttinga trust in place now can help with futureexpenses such as school or university fees.

• Although children can demand theirinheritance at 18, many parents take theview that they would prefer their children tobe older and more responsible beforemanaging a large sum of money. Trusts canbe written into wills to ensure that anymonies are only inherited at a later date,although they could potentially be accessedto pay for items such as university fees.

• Where there are children from differentmarriages or previous relationships, it’simportant to consider how to treat themfairly, especially if one child is likely to inheritfrom another source such as a grandparent. Asolicitor can help you explore the best way toachieve this.

• This can also apply where an individualwishes his or her children to inherit capitalfrom an estate rather than it passing outrightto a spouse (particularly if it is a secondmarriage). Ensuring there are flexible trustswithin a will can ensure assets are protected.

• When dividing an estate between children,the ability to include lifetime gifts can be ahelpful way for parents to help their childrenout financially, for example, when they arebuying their first home.

Call our private client team on 01753 279030 or email your enquiry to privateclient@bpcollins.co.uk

Flexibility for all employees

From 30 June, new Flexible Working

Regulations, part of the Children and

Families Bill 2014, came into force,

giving all full-time and part-time

employees the right to ask for

flexible working.

The extended rights mean it is no longer justemployees with parental responsibility foryoung children or carers that are eligible torequest flexible working.

Under the new rules, you can apply as longas you have 26 weeks' continuous servicewith the employer and have not made aprevious request within the last 12 months.

However, it's important to note that eligibleemployees do not automatically have theright to work flexibly, but rather a right tosubmit a request to their employer forflexible working. The statutory procedure fordealing with flexible working requests is alsorepealed.

Under the new regulations, employers willhave a duty to consider all requests in areasonable manner, although they will stillbe able to turn them down on businessgrounds.

If an employee has been dismissed formaking a request for flexible working, noqualifying period is required for claimingunfair dismissal. If a request for flexibleworking is refused, the employee must makeany claims to an Employment Tribunalwithin three months of the 'relevant date'.

Employment law partner, Jo Davis adds: “Anemployer is there to run a business and makea profit, so employees need to be reasonableand flexible in what they ask for. They shouldthink about how the business could workaround the request and, if possible, come upwith solutions which would make it farharder for the employer to say no.”

For example, she says, if you want to reducea five day week to a four day week, it mightbe quite difficult for an employer to takesomeone on for only one day. Suggestingyou work a three day week and allowing theemployer to recruit for someone to fill theother two days, may be a more reasonablealternative.

And she makes the point that flexibleworking can take many shapes, includingflexitime, home working, job sharing or evenshift or contract working.

As a new parent, consider the following tips from our private client team:

B P Collins’ family team agrees that in manycases apportioning blame can fuel conflict,which is particularly detrimental where thereare children involved. It seems sensible to bringthe law up-to-date with much of the rest ofEurope and other Commonwealth countries,such as Australia, which have had no-faultdivorce systems in place for many years.

Although at present, we claim to have a systemof no-fault divorce, in each case a judge has tocertify that the marriage or civil partnershiphas irretrievably broken down as a result of oneof five facts; adultery (which does not apply tocivil partnerships), unreasonable behaviour,desertion, separation for two years with bothparties' consent to the decree, and separationfor five years.

What this means in practice is that if a party toa marriage or civil partnership wants a divorceor dissolution straight away, they will need tobase their divorce on the other party's adulteryor behaviour and so "blame" that person for thebreakdown of the relationship.

In the case of behaviour it is necessary toprovide examples of what the petitionerconsiders to be the other party's unreasonablebehaviour. Although it has become the practiceto make the examples as non-contentious aspossible, the suggestion that one party is solelyto blame can prove a stumbling block or causeunnecessary distress, when in reality there areoften many reasons for the breakdown of arelationship.

In the vast majority of cases, both parties agreethe relationship has broken down but do notwish to wait two years to proceed with adivorce and so accept a behaviour petition as ameans to an end.

Fran Hipperson, senior associate says: "It isunderstandable that where one party feels theyare not to blame for the breakdown of themarriage, an unreasonable behaviour petitioncan be cathartic, allowing them to air theirgrievances. However, in the majority of casesthe current system forces couples to apportionblame which only serves to make an alreadydifficult situation worse."

Claire Filer, an associate solicitor agrees,adding: "Enabling parties to begin the processof divorce or dissolution by stating that therelationship has irretrievably broken down andnot having to blame the other or wait untilthey have been separated for two years, or insome cases, five years, will reflect the reality ofrelationship breakdown, which is that oftenthere are many reasons for it, or that a couplehas simply drifted apart."

Although critics say this will make the processof divorcing too easy, Fran and Claire disagree

as it is likely that under any new changes, itwould still be necessary to have a period ofseparation before a decree of divorce ordissolution can be granted.

In Australia, for the court to be satisfied thatthe relationship has irretrievably broken downthe parties need to have been separated forone year.

Fran continues: "Any new law would need tomake sure that the parties did not have to waitto resolve financial matters between them(particularly since urgent applicationssometimes have to be made). It is also vitalthat there is provision to prevent the divorce ordissolution from being finalised if there is agood financial reason for doing so, for example,to prevent one party from rushing anapplication through in order to gain a financialadvantage and also to ensure that pensionrights are protected until a financialresolution."

And, they say, in addition to the emotionaladvantages of having a no-fault divorce, in acourt system which is currently overburdened,it makes sense to free up judicial time bysimplifying the divorce or dissolution procedureand making the process of obtaining a decree,(particularly where there are no objections)administrative rather than judicial.

Family and matrimonial

8

Sir James Munby, the President of the Family Division, recently called for the introduction

of no-fault divorces, saying it would bring some "intellectual honesty" to the system.

He has gone so far as to suggest that where couples agree that their marriage or civil

partnership has broken down, the matter could be dealt with by a registrar as a purely

administrative matter, rather than being subject to the scrutiny of a judge.

Avoiding the blame game – is ittime for no-fault divorce?

“In the majority of casesthe current system forcescouples to apportionblame which only servesto make an alreadydifficult situation worse.”

Fran Hipperson

To speak in confidence with a memberof our matrimonial team, call 01753 279091 or email your enquiry to familylaw@bpcollins.co.uk

Real estate

9

It follows a warning about a rise in the number of complaints involving residentialconveyancing, including a number of caseswhere solicitors have failed to pay stamp dutyon behalf of their clients who have purchased anew home.

Writing in The Law Society Gazette, AdamSampson, chief legal ombudsman, said: “One infive legal complaints now made to our schemeis about residential conveyancing, making it themost-complained-about area of law.”

Of particular concern, he says, is the “harrowingexperiences” of people who are chased byHMRC for not paying their stamp duty, while infact they had already given the money to theirlawyer in good faith.

The article highlighted two cases whereindividuals had received large demands forstamp duty fees plus interest, one of whichwent back 10 years and, on investigation, thehome owner also found the property had neverbeen registered with the Land Registry.

Tracy Jones is an associate who specialises inresidential conveyancing. She says anyonebuying a house needs to choose a solicitorcarefully and make sure each stage of theprocess is completed.

“Ultimately the onus is on the buyer to make sure stamp duty is paid,” she said.“Unfortunately, in these cases the clients hadbeen told the payment had been made when infact it hadn’t and clearly their solicitor hadfailed them.

“When stamp duty is chargeable then it isusually payable within 30 days of completionand a property that has been purchased forvalue can’t actually be registered with the LandRegistry until that has been done. As a newowner, the buyer should expect to receivedeeds and documents for the property within amonth or so of the completion date unless theproperty was previously unregistered.

“If for any reason you don’t receive thosedocuments, it should act as a trigger that

something isn’t right and you need to contactyour solicitor to find out what is going on."

“We all know moving home is an extremelychallenging time and the last thing anyoneneeds is any additional stress. It makes sense tochoose a practice which has the specialistconveyancing skills and experience to helpmake your purchase as easy as possible.”

Every year, the residential conveyancing teamat B P Collins handles more than 600 propertytransactions. The firm is a member of the LawSociety’s Conveyancing Quality Scheme (CQS)– widely recognised as a mark of excellence inthe home buying process.

As the housing market accelerates once again, our property team

underlines the importance of working with solicitors who have

your best interests at heart and will ensure the process goes as

smoothly as possible.

Reassurance for buyers ashousing market booms

If you are buying or selling a property,call our experienced property team for a no obligation conveyancing quoteon 01753 279064 or email to resproperty@bpcollins.co.uk

B P Collins LLP advised

Mitchellson Formwork & CivilEngineering Limited

in relation to the negotiation

of an exit of one of its shareholders

from the business

B P Collins LLP advised

the shareholders of

The Open Road Consultancy

in relation to the sale

of the company to

Blue Rubicon (Holdings)

20,458newbuild properties purchased using an interest-free loan

through the government'sHelp to Buy scheme*

*up to 30 April 2014

Real estate litigation

10

“It was a brilliant time, I had so much fun. What a fantastic mix of different but co-ordinated peopledemonstrating everything from jewellery to fragrance!”

Guest Mimi Harker OBE

Champagne and canapés set the tone as more than 80 guests enjoyed arange of lifestyle and beauty tips from an array of experts at B P Collins’first Spring into Action event. The Suite was transformed for the eveningto host style directors from luxury salon TOPA Hair Design, beauty andimage consultants, alongside master perfumers offering guests the chanceto create their own signature scent.

Highlights included a talk by one of TV’s best known vintage clothing andantique collectables specialists Tracy Martin, health tips from the team atStoke Park, and a chance to try on the legendary Algerian Love Knotnecklace, by UK Jewellery Designer of the Year 2013 Sophie Harley – asfeatured in the James Bond movies Casino Royale and Quantum of Solace.

She was ordered to pay a hefty £17,000 indamages to her neighbours after the spreadingroots of her “dominating” cypress hedge causeddamage to the foundations of their home.

The case was a reminder that homeownershave a responsibility to ensure that they do notdamage their neighbours’ properties, and thisincludes a legal duty to keep their garden treesand shrubs under control.

The couple who lived next door to the womanhad brought a claim for damages after theydiscovered cracks in the exterior and interiorwalls of their property. The Technology andConstruction Court found expert evidence hadestablished the cypress trees were a significantcause of the subsidence damage and that a“reasonably prudent landowner” would haveappreciated the real risk posed by the roots.

Given the “dominating position” of the hedge –described as “not an attractive feature” – thedamage to the couple’s home was “reasonablyforeseeable”. Finding the woman liable innuisance, the Court found that it would onlyhave cost between £700 and £800 to removethe hedge and that the woman had failed to take appropriate steps to eliminate theobvious risk.

However, the Court went on to rule thatdamage caused by a 50-year-old oak tree onthe woman’s land had not been reasonablyforeseeable, and lopped 15 per cent off thecouple’s compensation to reflect theircontributory negligence in failing to complainto their neighbour earlier.

The Court awarded the couple damages for thecost of expert advice, surveys and remedial

work, and for the distress and inconveniencecaused by the tree roots damage. The totalaward came to £17,269, after the 15 per centreduction.

Property litigation lawyer Sarah McLoughlin,said: “This case is a timely reminder that whilewe all may love our gardens, we do have to bemindful of the need to ensure our neighbours’property isn’t damaged by our failure to takecontrol of our trees and shrubs. A weepingwillow or a silver birch may look lovely, but itcould prove to be very expensive if not properlymaintained and managed.”

We’re all familiar with stories of neighbours going to war over the

infamous quick-growing Leylandii trees, but deep underground

there’s often a more sinister threat. The damage that tree roots

can do to neighbouring properties can result in a hefty bill, as one

North London woman found out recently.

The root of the problem forwarring neighbours

If you are concerned about possible damage

to your property owing to a neighbour’s

plants or activities, call us on 01753 279035

or visit www.bpcollins.co.uk

Springing into action

Derek, who was world 4 x 400m relaychampion in 1991 and was famously carriedacross the finishing line by his father at the1992 Barcelona Olympics after a devastatinghamstring injury, kept the audience entertainedwith stories of life on the athletics circuit.

Now a respected coach, advisor andcommentator, he was the past recipient of aSportsAid grant, and spoke about theimportance of supporting young athletes andwhat a difference the grant had made to him.

Sixteen-year-old rower Rufus Biggs fromMarlow, and netball player Tash Pavelin fromHolmer Green, were delighted to receive theircheques at the special event at Dorney Lake,co-sponsored by B P Collins and attended byover 100 members of the business community.

Rufus’ ambition is to compete next year in theWorld Junior Rowing Championships in Rio, andhopefully the Olympics in 2020 or 2024; whileTash wants to represent England at theCommonwealth Games, and she is targeting2018 in Queensland, Australia, as her earliestopportunity.

Bucks Sporting Lunch Club events aresupported by local businesses as part of afundraising programme to help young sportsstars of the future with training, equipment and travelling expenses and, thanks to generousdonations, the event raised £4,000 forSportsAid to help fund future grants.

The sporting lunch is also supported byBuckinghamshire New University; AustynJames Wealth Management; Television SystemsLimited, Harwood Hutton and Evolution Live.

Firm news

11

British sprinting legend highlights importanceof supporting our young Bucks athletes

Former British sprinter and two-time Olympian Derek Redmond, presented two up-and-coming young sports

stars with a £750 grant each from the Bucks SportsAid Foundation at the recent Bucks Sporting Lunch Club.

The next Bucks Sporting Lunch Club is on Friday 24 October, with English cricketing celebrity Geoff Miller OBE.

To book your ticket or to find out more about the Lunch Club, visit www.buckssportinglunchclub.co.uk

Sporting staff from B P Collins proved a runawaysuccess when it took top honours in the recentGerrards Cross Fun Run for the third time in arow. The 17-strong team showed a clean pair oftrainers to the opposition on the 5km course,with around 1,500 runners taking part.

The biennial event, for which the law firm is aGold Sponsor, once again attracted a fantasticturnout from the local community with moneyraised being split between Kids in Sport andHome-Start (Slough). It has grown to becomethe village’s biggest community fundraisingevent, and, over the years, more than £215,000has been raised for a variety of good causes.

As well as fielding a team of runners, B P Collinsalso had a hard-working group of volunteersorganising an inflatable slide for children, whichwas so successful it even attracted a queue,and many more employees came along toprovide moral support on the day.

Senior partner Chris Hardy, said: “It was anexcellent day. We are proud to support such afantastic event and we were very happy to beat the heart of the activities. Well done to ourfantastic runners who upheld our honour andour reputation as the fastest business inGerrards Cross!”

B P Collinssprints awaywith triple FunRun success

B P Collins LLP | Insight Issue 23 | July 2014

Write to us at B P Collins LLP, Collins House, 32-38 Station Road, Gerrards Cross Buckinghamshire SL9 8EL Tel: 01753 889995 Email: enquiries@bpcollins.co.uk

Practice group leaders: Commercial property, Michael Larcombe | Corporate and commercial, Simon Deans | Employment, Jo Davis | Environment, Diane Yarrow Family, Sue Andrews | Litigation and dispute resolution, Matthew Brandis | Notary public, David Wilkinson and Martin Silverman | Wills, trusts and probate, Paul Lowery

Property litigation, Sarah McLoughlin | Residential property, Chris Hardy This document is for information only and is believed to be correct at the date of publication. Articles have been reduced where necessary and are of a general nature,

therefore should not be relied on as a substitute for specific legal advice. Client names have been published only where they are in the public domain. No action should be taken without speaking to your legal adviser. © 2014 B P Collins LLP

www.bpcollins.co.ukfor daily legal news, commentary, blogs and events

After a final push, almost all the teamcompleted the challenge and a delighted (butexhausted) Simon Carroll, an associate in thelitigation and dispute resolution team, said: “Itwas a huge success, with everyone pullingtogether to get over the line.

“We’re thrilled to have raised so much money.Age UK Bucks offers a really useful range ofservices that many of our clients benefit fromand, because some of our lawyers workspecifically within the elderly client sector, wehave first-hand experiences of its work, whichis why we wanted to do something tocontribute to such a good cause.”

The Three Peaks Challenge sees teams scalingBen Nevis in Scotland, the highest of the peaksat 1,344 metres, Scafell Pike in England’s LakeDistrict at 978 metres, and Snowdon in Wales,at 1,085 metres – all within 24 hours.

Leading the B P Collins group was keen walkingenthusiast Paul Lowery, partner and leader of

the private client practice, together with NickHallchurch, partner in the litigation and disputeresolution team; associates Simon Carroll andSimon Hall; property associate MatthewCrockford; Dan Johnson, financial controller;and trainee solicitors Rebecca Mitchell and Tom Bird.

From the funny bits – such as Simon Hall’sjubilation at good timekeeping being temperedby the fact that the soles came off both hiswalking boots, to the best bits – sunrisebreaking over Lake Wasdale and their first hotmeal on return, Simon Carroll says theyencountered plenty of highs and lows duringtheir epic journey.

Age UK Buckinghamshire is an independentlocal charity which offers a range of services tohelp older people living in Bucks maintain theirindependence, dignity and wellbeing.

Visit www.ageuk.org.uk/buckinghamshire

12

Lawyers climb their way tosuccess for Age UK Bucks

Firm news

Battling their way through torrential rain and mist, walking in snow and

coping with temperatures of minus zero degrees, an eight-strong team

from B P Collins raised an astonishing £2,500 for Age UK Bucks by

successfully tackling the Three Peaks Challenge.

“We would like to thank thewhole B P Collins Challengeteam for their amazingachievement. With recent andongoing cuts in grants andfunding, it's becoming moredifficult to maintain theassistance we offer to helpolder people locally. Themoney raised will go towardshelping us continue to offerthese vital services.”

Giulia Johnson Chief ExecutiveAge UK Buckinghamshire

@bpcollinslaw