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Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts Our Clinical Negligence team Cofn Mew expands into Brighton

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Page 1: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

CommentThe magazine from

Issue 3

Hello Brighton!

Entrepreneurial NationClean Heels - Taming the Dragons

Shared parental leaveNew rights for parents

Meet the expertsOur Clinical Negligence team Coffin Mew expands into Brighton

Page 2: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

Miles Brown

Managing Partner

Coffin Mew LLP

[email protected]

023 9238 8021

Welcome to Comment

Coffin Mew is a law firm with an ambitious vision and a strong presence along the South Coast, providing a full range of legal services to businesses and individuals. We are now extending our award winning service further along the coast.

I am delighted to announce that on 5 May we opened a new

full service office in Brighton. The new office, our fifth, is both

a bold demonstration of our commitment to one of the South

Coast’s fastest growing and most diverse cities and to those

that live and work there.

It is also this ambitious vision that continues to make the firm

a great choice for those looking for a career in law. Since

January this year we have appointed 14 new members of

staff across the firm, and promoted six including Jonathan

Sleep and Douglas Miller to the Partnership.

The firm is also winning external recognition for the work

we do. At the recent Business Excellence Awards hosted by

The News, our Residential Conveyancing and New Homes

team were ‘Highly Commended’ in the Team of the Year

category and our Marketing Assistant, Emily Bell was named

‘Apprentice of the Year’. Our congratulations go to them all.

The staff also chose their charity of the year Naomi House &

Jacksplace and you can read more about the excellent work

they do within the magazine.

And finally, to thank you, our clients and contacts for your

continued support over the years. Our aim is to continue

to set high standards in client service. The next edition of

Comment will be published in Autumn 2015 and I welcome

your feedback and comments.

Comment is written and published by Coffin Mew LLP.

Special thanks to Wildfire Creative & Marketing Ltd and Coast Communications.

For further information about Comment, please contact Amir Hussain, Head of Marketing on [email protected] or call 023 9236 4301.

© Copyright 2015. All Rights Reserved. Coffin Mew LLP.

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Page 3: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

06Coffin Mew expands into Brighton Brighton is one of the fastest growing cities in the South East of

England. It is home to many exciting fast growing businesses

and a thriving cultural scene. And with Coffin Mew opening an

office in Brighton’s city centre, it now has a law firm to match.

10

Entrepreneurial Nation – Clean Heels In January this year Ally Stevenson, the founder of Clean Heels

Heel Stoppers, walked out of the BBC Dragons’ Den with a

£50,000 investment and the support of Deborah Meaden and

Kelly Hoppen. Comment discovers how she tamed the Dragons.

04Insight

News from Coffin Mew.

08Naomi House & Jacksplace

Coffin Mew names Naomi House & Jacksplace as its staff

nominated charity of the year.

12Entrepreneurial Nation – Just Develop It

How to build a £40m business.

14Funding growth

All businesses aim to grow and expand, but financing the step up

from a small to a medium or large business can be difficult.

15Using trusts to pass money to your children Trusts are not just the preserve of the super rich; they are a

useful way to pass money or assets on to your children or

grandchildren.

16Data protection – what do you need to know? Data protection compliance is more than just a box-ticking

exercise, says Amy Kerr.

18The ladder to new homes If we are to provide homes for our children and grandchildren

greater reform and help is going to be needed.

20Meet the experts A jewel in the Coffin Mew crown is its dedicated team of clinical

negligence lawyers.

22“I do”….but sign on the dotted line

The rise of the prenuptial agreement.

24Shared parental leave – new rights for parents

The maternity and paternity regimes have changed again, says

Amy Richardson.

26Investing in the future Coffin Mew and its next generation.

in this issue...

Issue 3

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Page 4: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

Coffin Mew was crowned twice at the

prestigious annual Business Excellence

Awards organised and hosted by The News

in Portsmouth.

Emily Bell, Marketing Assistant was named

‘Apprentice of the Year’ and the firm’s

Residential Conveyancing and New Homes

team were ‘Highly Commended’ in the Team

of the Year category at a glittering ceremony

held at the Portsmouth Guildhall. The team

were also awarded ‘Highly Commended’ at

the Property Forum Awards held in April.

Nick Gross, Coffin Mew’s Chairman and

Corporate Partner, said: “It is always pleasing

to have the firm’s achievements recognised

by our peers. The whole firm extends its

congratulations to Emily and to our

Conveyancing and New Homes team.”

Above: Coffin Mew Business

Excellence Awards winners

Left: Emily Bell

The annual Coffin Mew charity

quiz saw 33 teams battle it out

at Kams Palace, Fareham in

Hampshire raising £3,000 for

Naomi House & Jacksplace -

hospices that support families

from seven counties in southern

England – Hampshire, Berkshire,

Wiltshire, Dorset, Surrey, West

Sussex and the Isle of Wight.

The 10 round quiz saw a

team from property agents

Vail Williams (pictured) take

first place, closely followed by

Handelsbanken and property

agents Hughes Ellard.

Naomi House & Jacksplace

offer a full palliative care service

that includes respite, emergency

and end of life care for life-limited

and life-threatened children and

young adults from birth and into

their later years. See profile on

pages 8 and 9.

Insight

Double award winners at Business Excellence Awards

Bringing you the latest news from Coffin Mew

Let’s get quizzical

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Page 5: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

Jonathan Sleep - Wills, Trusts and Probate team and Douglas Miller - Clinical Negligence team have both been promoted into the Partnership. Annabelle Vaughan - Court of Protection team, Amy Kerr - Commercial team, Charlotte Farrell - Employment team and Jamie Earley - Corporate team are also promoted to Associate Solicitors.

Commenting on the promotions,

Miles Brown, Coffin Mew’s Managing

Partner said “It’s a great pleasure to

announce these promotions. Whilst the

injection of fresh ideas and impetus from

new recruitment is important, so is the

recognition of what our longer-serving

people have and continue to bring to

the firm.

“Our reputation is built on the

expertise, commerciality and personality

of our people. These promotions reflect

our continued commitment to supporting

our clients in their need for high-level

advice from people that both know and

understand their requirements. We wish

them all every success in their future

careers at Coffin Mew.”

Left to right, top to bottom: Jonathan Sleep, Amy Kerr, Jamie Earley, Douglas Miller, Annabelle Vaughan and Charlotte Farrell

Coffin Mew has once again joined forces with

Marwell Wildlife supporting the second of its

public art installations in Southampton.

A stampede of zebras will take to the streets

of Southampton throughout 2015/16, following

its hugely successful Go! Rhinos public art

programme in 2013.

Kirstie Mathieson at Marwell Wildlife said:

“Grevy’s Zebras are critically endangered in

the wild, with just 3,000 left. Zany Zebras will

see life sized model zebras’ decorated by local

artists, schools and colleges, and sponsored by

local businesses. Our thanks to Coffin Mew for

their valued and ongoing support.”

The money raised from Zany Zebras

will support the conservation work Marwell is

doing with Grevy’s Zebras in Africa.

Zany Zebras

Coffin Mew is delighted to

announce six major promotions,

including two new Partners.

Promotion time

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Page 6: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

Beside the seaCoffin Mew expands into Brighton

Coffin Mew is a law firm with an

ambitious vision. It has for the past

125 years been the first port of call

for businesses and individuals in the

Solent region, and it is now extending

its award-winning service along the

South Coast.

On 5 May the firm opened a new

full service office on Queens Road,

Brighton. The new office, the firm’s

fifth, is both a bold demonstration of the

firm’s commitment to one of the South

Coast’s fastest growing and most diverse

cities and those that live there, and a

commitment to supporting fast growing

entrepreneurial businesses and their

owners.

The office is being led by Nick Leavey,

Partner and Head of Coffin Mew’s

Commercial Property team. Nick has

been advising clients in the Brighton

area for 15 years, having also lived and

worked in the City. He is joined by a team

of senior lawyers, all with strong Brighton

connections, with further appointments

shortly to follow.

Explaining the move into Brighton Nick

Leavey said: “Coffin Mew enjoys a strong

reputation for being entrepreneurial and

forward-thinking. Brighton, with its rapidly

growing economy and its high standard of

living, is a natural fit to the firm’s already

strong client offering.”

Coffin Mew in Brighton will offer the full

range of support to both businesses and

individuals, including corporate/commercial,

commercial property, litigation, insolvency,

employment, residential conveyancing,

wills, trusts and probate and family law.

And Coffin Mew is already making a

highly visible impact on the City, advising

the Brighton West Pier Trust on the £45m

i360 development, featuring a 138-metre

high observation tower, restaurant, retail

and exhibition space. The scheme is at the

forefront of the regeneration of the historic

seafront site. The firm is also supporting

The Brighton and Hove Arts Council

on their arts initiatives programme for

2015/16.

But there is much more to Brighton

than its world famous beach and piers.

Brighton & Hove is one of the fastest growing cities in the South East of England. It is home to many exciting fast growing businesses and a thriving cultural scene. And with Coffin Mew opening an office in Brighton’s city centre it now has a law firm to match.

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Page 7: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

The city is home to some 1,500 start-up

and young digital and tech businesses in a

cluster named ‘Silicon Beach’.

“Brighton has a rapidly expanding

economy, with many fast growing

businesses in the creative, digital, IT,

green-tech, financial services, health

and life sciences, and the advanced

engineering sectors,” says Nick. “There

is also the strong year-round tourism

sector. We believe these businesses will

embrace a like-minded law firm that is

on their doorstep. People in Brighton do

business in Brighton.”

Long-term vision

Coffin Mew’s vision does not, however,

stop in Brighton. The firm in the next 24

months is on track to open further offices

and to double its turnover. It is, as the

firm’s Managing Partner, Miles Brown,

says “a firm to watch”.

Growth will come from acquisition, both

merging with exceptional smaller firms

and acquiring successful teams, and from

organic growth. The firm plans to grow

from its current £10m annual turnover to

around £20m over the next three years.

“Business owners and individuals

want to work with successful advisers”,

explains Miles. “It is important that we

as a business grow to continue to attract

the best quality people and to meet the

challenges our clients face. Some of that

growth will come from the enormously

talented staff we already have, and

some will come from our expansion and

acquisition programme.”

“Our clients see our lawyers as very

much part of their team, wanting full

service support wherever they are

based. It is important that we are there to

support their growth.”

The new office is located in

Queensberry House,

106 Queens Road, Brighton.

Nick Leavey Partner - Head of Commercial Property

0333 000 0122 [email protected]

For more information

Our new Brighton office team; Left to Right:

John Parkinson Head of Business Development

Nick Leavey Partner, Commercial Property

Nick Gross Chairman and Partner, Corporate

Sally Pike Partner, Family

James Russell Partner, Dispute Resolution

Mirren McGinley Solicitor, Commercial and Residential Property

Jonathan Sleep Partner, Wills, Trusts and Probate

Amy Richardson Associate, Employment

Miles Brown Managing Partner

Elizabeth Gibbons Office Manager

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Page 8: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

Naomi House & Jacksplace are hospices that support

children, young adults and their families across seven

counties of South East England. They provide a home

from home for those with life threatening and life

limiting illnesses.

The two hospices - Naomi House for younger children and

Jacksplace home to young adults – provide families with up

to 16 days respite, emergency and specialist end of life care

alongside support to families and ‘hospice at home’ services.

Both sit side by side in the beautiful village of Sutton Scotney.

The charity currently supports 287 people and families and,

amazingly, achieves this with limited public sector support.

“We need £7m every year to continue to provide the support

families and their children rely upon,” explains Mark Smith,

Naomi House & Jacksplace’s Chief Operating Officer. “And just

10 per cent of that comes from the public purse.”

“We are extremely lucky to have such dedicated staff and our

army of 800 volunteers plus the many thousands of people from

across Hampshire, Berkshire, Wiltshire, Dorset, Surrey, West

Sussex and the Isle of Wight who participate and raise funds

for us.”

Naomi House first opened its doors in 1997 providing support

for young children and their families.

“Naomi House provides bedrooms for children and their

families, along with the communal, indoor and outdoor play

space and care space needed,” says Mark.

“We are currently undergoing a major refurbishment of Naomi

House to provide more flexibility with our space, allowing us to

Coffin Mew has named Naomi House & Jacksplace as its staff nominated charity of the year. Comment magazine caught up with its Chief Operating Officer, Mark Smith to discover more about the charity.

Naomi House& Jacksplace

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Page 9: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

add further bedrooms or care space at short notice. This should

be completed in September.”

Advances in modern medicine now mean that many of these

young children live considerably longer than they perhaps would

have done 20 or 30 years ago, so in 2010 Jacksplace opened

its doors.

“Young adults need a very different

environment,” says Mark. “Jacksplace allows

our guests the freedom and experiences

teenagers and young adults want, such as

space to play computer games, listen to loud

music or prepare their own food, whilst in a

supportive environment needed to cater for

often complex care needs. One of our guests

is even studying for a PhD.”

Sitting alongside its residential care Naomi

House & Jacksplace also provide ‘at home’

hospice care and bereavement support

to families for as long as it is needed.

“We cover a vast area and it isn’t practical

to deliver all of our services in just one

location,” says Mark. “We are here to support children and their

families for as long as needed and where it is needed.”

Mark is also keenly aware that a charity is in essence a ‘social

business’, having to raise and manage its funds to continue to

successfully deliver the services so many now rely upon.

Every year it holds a series of increasingly popular fund raising

events including the Clarendon Way Walk (31 May), Rainbow

Run (27 September) and Foam Fest (April 2016).

“The Clarendon Way Walk is perhaps our best known event,”

says Mark, “with over 1,000 people walking 26 miles from

Salisbury Cathedral to Winchester Cathedral. This year we are on

track to raise over £100,000.

“Every year we try to be imaginative, creating new and exciting

events to encourage more and more people to engage with us.”

Increasingly, Naomi House & Jacksplace reaches out to

the business community for support. For

example, every year local businesses take

over the charity’s shops and compete with

each other over the course of the day to raise

the most money in the Store Wars challenge.

“The days of a local business simply

handing over a cheque have all but gone,”

says Mark.

And this is why Naomi House & Jacksplace

are thrilled when companies choose them as

their charity of the year.

“We are delighted with Coffin Mew’s

decision to adopt us as its charity of the year,”

says Mark. “We look forward to working

alongside them and to the contribution the

firm will make.”

Visit www.naomihouse.org.uk for more information on

Naomi House & Jacksplace.

Coffin Mew has a strong tradition of playing an active role

in the local community, with its 140 staff deciding on the

firm’s charity of the year. Naomi House & Jacksplace was

a clear winner.

The firm through its dedicated corporate social responsibility

(CSR) team create a programme of activities and events designed

to raise funds and awareness to support the work of its chosen

charity.

“Our staff immediately felt a connection with Naomi House

& Jacksplace,” explains Sue Bowler, Head of Services for

Vulnerable and Disabled People “The support provided by Naomi

House & Jacksplace is crucial for the clients that we represent.”

And the firm has thrown its support wholeheartedly into

supporting the charity, with its annual charity quiz night that saw

33 teams raise £3,000. Further events are planned throughout

the year.

Coffin Mew and Naomi House & Jacksplace

Left to right: Charlotte Otter, Kirsty Hughes, Sue Bowler,

Mark Smith, Emily Bell, Tina Starbuck

“We are delighted with Coffin Mew’s decision to adopt us as

its charity of the year”

Mark Smith,

Chief Operating Officer

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Page 10: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

In January this year Ally Stevenson, the founder of Clean Heels Heel Stoppers, walked out of the BBC Dragons’ Den with a £50,000 investment and the support of Deborah Meaden and Kelly Hoppen.

HOW TO TAME YOUR DRAGON

Some businesses are born from

a momentary flash of inspiration.

Portsmouth mum of two, Ally

Stevenson, was at a family wedding

in 2005 when standing up to give a

short speech she placed two bottle

tops under her stiletto heels to stop

her sinking into the grass.

It was that quick thinking that led to

the creation of Clean Heels and, 10 years

later, a significant investment and the

support of two of the toughest dragons

from the popular BBC Dragons’ Den

programme.

Ally Stevenson created the deceptively

simple Heel Stoppers; a protective sleeve

attached to a plastic disc that protects

stiletto heels and stops them sinking into

grass and other soft surfaces.

“I launched Clean Heels at Goodwood

in 2006,” says Ally. “I took samples with

me and had people seeking me out to get

their hands on a pair. It confirmed what

I already knew – that Clean Heels Heel

Stoppers was a great idea.”

The first pair of Heel Stoppers was

very different from those currently sold

by Clean Heels. “I popped into my local

DIY store and bought some soft rubber

tubing and some CD cases. They didn’t

look great, but I was able to take them to

engineering business, Pressco Precision

Engineering based in Portsmouth and

together we developed the finished

product.”

Heel Stoppers are available in a variety

ALLY STEVENSON :: CLEAN HEELS

Comment magazine caught up with Ally in between

meetings at Coffin Mew’s offices to discover how she built

her successful business and how to tame the Dragons.

ENTREPRENEURIAL NATION

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Page 11: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

of colours, including pairs decorated with

Swarovski crystals. It is, however, the

simple black and clear plastic versions

that are best sellers, with the heel stopper

becoming almost invisible on grass.

Clean Heels turned a profit from day

one. It was then that Ally was delivered

a devastating blow. Following a routine

check with her GP, she was diagnosed

with breast cancer.

“The business was really taking off,

with sales all around the world,” says

Ally. “I didn’t want to stop and put that

on hold, but I had to focus on the cancer

treatment and getting well again. There

were times after particularly tough chemo

and radiotherapy sessions that I would

literally crawl out of bed and, with the

help of my family and friends, fulfil orders

for Clean Heels Heel Stoppers. Without

that support I simply wouldn’t have

managed.”

It took four long years to eventually

beat breast cancer, and all the time Clean

Heels was gaining momentum and a

dedicated following.

One of the keys to Clean Heels’ success

was Ally’s savvy determination to protect

her designs around the world.

“From the outset we had specialist

trade mark advisers helping us file trade

mark registrations in key markets around

the world,” says Ally. “It was expensive,

but it has enabled us to stop copycat

producers around the world.”

Ally is adamant that she is not an

entrepreneur, just someone with a great

idea. It was for that reason that she

decided to go onto BBC 2’s Dragons’ Den.

“I didn’t need the money as the

business was profitable,” explains Ally.

“But I really did need support in marketing

and making the connections. This is what

the Dragons are really good at.”

But the Dragons are a tough crowd

to please, and do not make their

investments lightly. The show is filmed

in Manchester, with entrepreneurs given

just three minutes to make their pitch.

“I was grilled for two further hours and

had four Dragons wanting to invest,” says

Ally. “Peter Jones and Duncan Bannatyne

kindly agreed to step aside for Deborah

Meaden and Kelly Hoppen.

“Once Deborah had tried Clean Heels

Heel Stoppers she was won over,” says

Ally. “But it takes more than that to

tame a Dragon. You have to know your

business inside out and have a complete

grasp of the numbers. They are, after all,

investing their own money.”

The BBC Dragons have invested £50,000

into Clean Heels, but it is their connections

that are of greatest interest to Ally.

“They have put me in touch with a

great marketing and social media team,”

explains Ally. “In the two weeks after the

show we sold over 30,000 pairs of Heel

Stoppers. It has just been phenomenal.”

Clean Heels is also gaining some big

fans, including Royals and TV celebrities

such as Clare Balding and Gok Wan. Pairs

of Heel Stoppers have also been given

away in the goodie bags at the Oscars

and at the Empire Film Awards.

And Ally’s aspiration for the future of

Clean Heels? Well, that is quite simple.

“I would like to see a pair in every girls’

handbag.” There is no stopping Clean

Heels Heel Stoppers.

Clean Heels Heel Stoppers are

available from leading high street

retailers, including BHS, Debenhams,

House of Fraser online and Timpsons.

They can be bought directly from www.

cleanheels.co.uk with prices starting at

£4.99, and they also give a free pair with

every order.

“FROM THE OUTSET WE HAD SPECIALIST TRADE MARK ADVISERS HELPING US FILE REGISTRATIONS IN KEY MARKETS AROUND THE WORLD”

“ONCE DEBORAH HAD TRIED CLEAN HEELS HEEL STOPPERS SHE WAS WON OVER”

Visit www.cleanheels.co.uk

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Page 12: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

What does it take to build a successful business? Drive, enthusiasm, self-belief, a great idea, a great team and, of course, a little bit of luck.

And to build a £40m plus business before your 30th birthday? Well that takes something a little bit different.

CHRIS PHILLIPS :: JUST DEVELOP IT

ENTREPRENEURIAL NATION

JUST DO IT

Comment magazine spent a couple of hours with Just Develop It

CEO Chris Phillips and discovered that his hand is behind some of

Hampshire’s most exciting and interesting businesses.

What is the difference between

a successful business leader and

an entrepreneur? It is not an

easy question to answer, but on

meeting Chris Phillips, the CEO of

Segensworth-based Just Develop It,

you begin to get a clearer idea.

Entrepreneurs are risk takers. Those

that are truly successful are prepared to

bet the family silver time and again. They

are prepared to face and accept failure,

walk through it and start all over again.

A good business leader – and all

successful businesses need them – is

a counter-balance. Someone who will

question those decisions, take ideas

forward and make them happen.

“Entrepreneurs are born that way,”

says Chris, “and look at the

world in a different way.”

And Just Develop It is a very different

kind of business. Its roots are in web-

based technologies, but now extend

to children’s clothing, housebuilding,

restaurants and nightclubs.

“I started my first business when I

was 16 years old,” says Chris, “a web

hosting service with friends and family

paying £20 a month. Before long I had

over 1,000 clients, but it grew too fast

and the business was brought by a US IT

company at just the right time.”

That first business didn’t make Chris

any money but it was, he says, perhaps

one of the best things that could have

happened.

“The US acquiring company invited

me to work for them in Scotsdale,

Arizona, and they taught me how to run

a business. Those lessons have stayed

with me.”

Whilst in the US Chris launched his

second business – Intellichat, that allows

companies to talk directly to website

visitors answering questions and helping

to secure a sale. It was at this time Chris

met co-directors Brooke Bryan and

Nick Baker.

“Brooke is, quite simply, one of the best

coders I have ever met, and Nick could

sell snow to Eskimos,” says Chris.

It was this dream team that one year

later would form Just Develop It, a

group company that would eventually

hold a diverse and exciting portfolio of

businesses.

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Page 13: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

Visit www.justdevelop.it

A number of companies quickly

followed, including another web-hosting

business and an online PC backup

service.

“These businesses grew very quickly,

with the web hosting business adding

1,500 new customers every day,” says

Chris. “It was an exciting time, and our

businesses began to attract quite a bit of

outside interest.”

Just Develop It soon sold the web

hosting business to the US company that

originally purchased Chris’ first hosting

business.

“It wasn’t our plan to sell these

businesses,” says Chris, “but we kept

getting bigger and better offers. It would

have been crazy not to sell.”

It was at this time that Just Develop

It began to take a different direction. It

began to invest in other businesses.

“We are in a very lucky position,”

explains Chris. “We still continue to

manage the technology businesses,

including the web hosting business, but

with time and money on our hands I

wanted to put it to good use.”

To date Just Develop It has invested in

some 20 different businesses, all in very

different sectors including house building,

children’s clothing, restaurants,

a nightclub and a golf course.

“I look to invest in people, rather than

the business,” says Chris. “They must be

hungry for success and have the drive

and vision to make it work.”

Some of the Just Develop It

investments are quite small – just a few

thousand pounds – others are quite

substantial.

Cloud Developments is one such

example. To date, and in partnership

with Bishops Estate Agents, Chris and

his team have developed or renovated

53 houses, 77 apartments and 11

commercial buildings.

“Those businesses in which we invest

not only get our money,” says Chris,

“they get time and support. I am looking

for longer term partnerships, not just a

quick buck.”

Managing businesses is one of

Chris’ passions, but it is not without its

challenges. Just Develop It now has some

40 full time staff, with a further 150 people

working for the businesses where it holds

investment.

“We have had to add the infrastructure

a growing business needs – HR, a finance

director, good external advisers, such

as Coffin Mew,” says Chris. “Turning

something that generates cash into a real

company is a challenge and one that I

relish.”

And that challenge has made Just

Develop It, with its young work force

(most have still yet to hit their 30th

birthdays) a fun place to work. It has

recently moved into new purpose built

offices that include Ping-Pong tables

and a host of other benefits, such as

free massages and a dedicated chef that

prepares daily hot meals and snacks.

So, with Just Develop It and its team

still very young, what does the future

hold?

“It is the investment and growing

new successful businesses that has me

excited at the moment,” says Chris. “We

will be making larger businesses and

expanding our portfolio. I like looking at

industries where I believe we can make

the product or service better and more

profitable.”

“Whatever we do,” concludes Chris, “it

will most certainly be fun.”

“ENTREPRENEURS LOOK AT THE WORLD IN A DIFFERENT WAY.”

“THE US ACQUIRING COMPANY INVITED ME TO WORK FOR THEM IN SCOTSDALE, ARIZONA, AND THEY TAUGHT ME HOW TO RUN A BUSINESS. THOSE LESSONS HAVE STAYED WITH ME.”

IntellichatRed LoungeThe Astoria Skylark Golf and Country ClubMutiny in the ParkCloud LivingCloud RentalsGrabalaptop

JDI DevelopmentsVintage PigBishops Estate and Letting Agents SitelioJessie and JamesDancor GroupSeason DomesticsSkycars

THE JUST DEVELOP IT PORTFOLIO INCLUDES THE FOLLOWING BUSINESSES AND BRANDS:

WebsitebuilderProcessing PointSiteyTurbo Your PCPark ViewGradlancerFortifiReclickd Kassia

13

Page 14: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

All businesses aim to grow and expand, but financing the step up from a small to a medium or large business can be difficult. Nick Gross explains the five most common routes.

Friends and family

Many small businesses will often start

with money from friends and family – it

is a well-trodden route that works well

when relatively modest amounts of cash

are needed and a business remains

small. Financing growth, however, often

demands greater investment than most

individuals or families can stomach.

Investment from friends and family can

lead to tensions that could easily tear a

business apart. Consideration needs to be

given to individuals wishing to take their

investment out of the business, and how

much influence investors can have over

the day to day running of the business.

A legal agreement which addresses these

issues head on before the business attains

any significant value can often help.

Self-funding

Funding growth from cash generated

by the business sounds the perfect

solution, particularly as no debt is taken

on. And if the business can afford to

do so, it is. For businesses that need

significant amounts of money, perhaps to

fund new machinery or buildings, this is

rarely an option.

Self-funded investment is likely to leave

a sizeable hole in a business’ finances that

will need to be plugged. This can have a

knock-on affect on cash flow, particularly

if the business is expanding quickly. We

have seen all too often rapidly expanding

businesses collapse because of cash flow

problems.

The banks

The banks have had bad press in

recent years over their reluctance to lend

to businesses; and whilst lending levels

are increasing, banks are always going to

struggle with what they perceive as high

risk lending.

But that does not mean the banks are

unable to help. Banks want to lend on

debt, so invoice discounting might be the

answer. The company’s overdraft facility

is also a valuable form of short term

lending that many businesses rely upon.

Private equity

Private equity investors are prepared

to make significant investments, but will

want a lot in return. They will want a

stake in the business and will set tough

targets for the business to meet. They

will also have an eye on their exit. On

the upside, a private equity investor can

bring valuable expertise and can help to

increase the value of the business.

Private equity is not for every business.

Think first about the support the business

actually needs and the skills it lacks, and

ask whether a private equity investor

can meet those needs. It would be wise

to consider all other options before

embarking on the private equity route.

Crowd funding

Crowd funding is the exciting new kid

on the block, allowing investors to club

together through an online platform to

make investments. Individual investors

tend to put up relatively small amounts of

money, but the overall investments made

into a business can be quite significant.

There are a number of crowd funding

models; among the most popular are

a loan model under which investors

receive interest, but often at a higher rate

than the banks’ usual charges, and one

where investors take an equity stake in

the business in which they invest. Crowd

funding is expanding quickly, but is still

very much in its infancy. Its risks are

perhaps not yet fully understood.

Whatever route a business chooses

to follow it is always wise to take advice

and weigh up the pros and cons before

making a decision.

FUNDING GROWTH ENTREPRENEURIAL NATION

Nick Gross Partner Corporate

023 9236 4314 [email protected]

For more information

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Page 15: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

It is normal that a person who

owns an asset benefits from that

ownership. Trusts are used to

separate ownership and benefit and

can be used for many legitimate

purposes. One of the most common

is to pass on assets or money

to children or grandchildren in a

controlled way.

There are many reasons for wanting

to do this. It may be that the children are

not yet old enough to look after significant

amounts of money. It may be that they do

not have the mental capacity to manage

their own affairs, or that you believe they

would act in an irresponsible way.

Perhaps the most common approach

is to settle any funds that you intend to

pass to that person into a trust that is

included within your Will, with appointed

trustees using their discretion to distribute

the fund. This is known as a discretionary

trust.

Discretionary trusts are particularly

helpful if you wish to pass on assets or

money to more than one beneficiary.

They could, for example, be used to

help fund a child’s education or perhaps

for a deposit on a future home. If the

beneficiary’s circumstances change over

time and the trustees feel it appropriate

to distribute the trust assets outright they

can bring the trust to an end at any point.

Consideration does need to be given to

the appointment of trustees, particularly

as they have considerable power and

influence over the distribution of the

trust’s funds. You will, obviously, want

to appoint someone who can be trusted

to make sensible decisions in the best

interests of the beneficiaries.

It is usually appropriate to appoint two

or three trustees, or perhaps consider a

professional trustee.

Trustees also have a responsibility to

manage the trust’s funds. They have a

legal responsibility to invest the trust’s

assets in a diverse and responsible

way. Trustees are required to take

expert advice before making investment

decisions.

Whoever you appoint it will be

necessary to check that they are happy to

take on this role.

There can be tax advantages for those

creating a trust, including the potential

for reduction in exposure to inheritance

tax on death. It is important, however,

for anyone creating a trust to take

professional advice.

Roz Wyeth Legal Executive Wills, Trusts and Probate

023 9236 4322 [email protected]

For more information

It’s all about

trustUsing trusts to pass money to your childrenTrusts are not just the preserve of the super rich; they are a useful way to pass money or assets on to your children or grandchildren. Roz Wyeth explains how.

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Page 16: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

Data protection compliance is all

too often seen as just a box-ticking

exercise. But the risks to businesses

in terms of reputational damage

and tough financial penalties are

very real.

So what do businesses really need

to know? Amy Kerr explains.

Personal data

The most common data held by an

organisation is personal information –

for example, names, email addresses,

telephone numbers, dates of birth etc.

Personal data may also extend to medical

records, bank account details and notes

written about an individual, for example

following an employee’s annual review.

An organisation can only collect personal

data if it has a legitimate reason for doing

so, and should only collect the information

it requires at that time. When collecting

personal data, you must tell that individual

what you intend to do with it. For example,

if a business collects a customer’s email

address to confirm an order, it must say so.

If a business wishes to use someone’s

personal data for marketing purposes,

that individual must be told. It is good

practice to do this when collecting that

data. In some instances, email or text

message marketing for example, a

business is generally required to obtain

the individual’s explicit consent.

Businesses that hold personal

data must appoint a data controller

and register that individual with the

Information Commissioner’s Office.

Using data

There is little point in an organisation

collecting data if it has no intention

of using it. It is here, however, that

businesses all too often and inadvertently

break the rules.

The main point to remember is that

data should only be used for the reason

it was collected. For example, calls

between staff and customers recorded

for ‘training purposes’ should not then be

used to discipline a member of staff.

If a business wants a third party

to manage data, such as an external

payroll bureau or a marketing agency, it

is important to remember that you will

remain responsible for that data. It is

advisable to have a formal contract that

covers the use of that data with any third

parties.

Caution is also needed with regards to

transferring data outside of the EU. This

does not mean the wholesale movement

of databases from one country to

another, but the simple act of emailing

contacts on a database that might be in

another country. Different data protection

regulations apply in different countries

and you would not inadvertently wish to

break any rules.

Most businesses will use data collected

to drive marketing and sales activity.

Businesses must check that the recipient

is aware that their data may be used in

this way and that they do not object. The

rule of thumb is that a business will need

an individual’s express consent, an opt-in,

for email and text message marketing.

This is not generally required for existing

Cyber security is of increasing concern to both businesses and their customers. There doesn’t seem to be a month that goes by

without one company or organisation falling foul of the laws or victim to a cyber attack, with personal data leaked to the media or worse.

Data protection – what do you need to know?

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customers, where an opt-out option is

available.

Cyber security

Cyber attacks are on the rise, and

are considered by many experts to be

the main threat facing businesses and

organisations around the world. Attacks

can come from anywhere and at any

time, from lone individuals, disaffected

campaign groups or deliberate acts of

cyber terrorism.

Businesses must identify and understand

the risks faced, and the assets that may be

targeted. These might include:

• Customer databases;

• Financial information;

• IT services, such as the ability

to make online payments;

• Intellectual property; and

• Sensitive personal information.

The impact of a cyber attack to a

business can be severe, including

financial loss, reputational damage and

regulatory sanctions.

Businesses are required under the

Data Protection Act legislation to ensure

that data is kept secure. The legislation

does not explain how businesses should

comply with that requirement, but will

expect to see robust IT security, evidence

of educating employees as to the risks

and some degree of business continuity

planning.

Individuals who believe their data is

being misused, either inadvertently or

via a cyber attack can complain to the

Information Commissioner’s Office, which

can, depending on the seriousness of the

breach, issue fines of up to £500,000.

Widespread reform of data protection

legislation is being proposed by the EU

that could see fines increase up to ¤100

million. Now is the time for businesses

to put their houses in order.

Do you have a documented internet, IT and data protection strategy?

Do you have an up to date social media policy for employees?

Do you have policies that cover employees handling sensitive customer or client information?

What is your IT security strategy and is it up to date?

Is there adequate training for front line staff so they recognise the latest threats?

Have you appointed a data controller and registered with the Information Commissioner’s Office?

The Coffin Mew

cyber risk checklist

Amy Kerr Associate Solicitor Commercial

023 8048 3771 [email protected]

For more information

17

Page 18: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

The ladder to new homes There is no doubt that we face a housing crisis. In 2014, according to the Department for Communities and Local Government, just 118,760 new homes were completed against the generally accepted need of 250,000 new homes each year.

The number of new home starts is at its highest since 2007, but still 30 per cent lower than the number of homes being built before the global economic crash. And nowhere is the need for new homes greater than in London and the South East.

If we are to provide homes for our children and grandchildren reform and help is going to be needed in equal measures. Karen Webb outlines five key areas that need addressing.

The Coalition Government has introduced

welcome reform to our complex planning

regime, yet further and deeper reforms

are needed.

The introduction of the National

Planning Policy Framework (NPPF) and

its presumption in favour of sustainable

development has made it faster for

housebuilders to achieve outline planning

permission. However, it can still take

many months to turn outline permissions

into full planning permission that allows a

developer to start building. This is where

further reform in needed.

Measures to make it easier and faster

to build on brownfield land would also be

welcome. A 2014 research report by the

Campaign to Protect Rural England, From

Wasted Space to Living Spaces, identified

enough brownfield sites in England to

provide 976,000 new homes.

These sites are often difficult

and expensive to develop and the

government should provide assistance

to housebuilders to bring forward viable

schemes on brownfield land.

The average price of a home in the UK is

£231,487, rising to £326,163 in the South

East. With lenders typically requiring

a 25 per cent deposit, the affordability

of home-ownership is a real challenge,

particularly for first time buyers.

The Government’s Help to Buy

scheme, introduced in 2013, allows home

buyers to get onto the housing ladder

with just a five per cent deposit and has

been a real success, helping some 70,000

people so far. Research published at the

beginning of this year by the Mortgage

Advice Bureau shows first time buyers

are able to get onto the housing ladder

some six years earlier compared with

those having to save for a deposit.

A long-term commitment to Help to

Buy will not only help those wanting to

get on to the housing ladder, but will

encourage housebuilders who can take

comfort that their products will have

buyers.

AFFORDABILITYPLANNING REFORM

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Page 19: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

Karen Webb Partner - Head of Residential Property and New Homes

023 8057 4322 [email protected]

For more information

Small housebuilders are a dying breed,

struggling with costs and regulatory

burdens. Similarly, small development

sites have been difficult to bring forward,

hampered by the requirement to provide

affordable homes, even in some cases

where a developer is proposing just one

or two dwellings.

In December 2014, the Government

introduced a new threshold for the

requirement to provide affordable housing

of 10 homes or more, or schemes with

a maximum floorspace of 1,000 square

metres. This is welcomed, and will help

smaller developers and greatly increase

the viability of small sites.

Social housing providers, however and

perhaps predictably, have not welcomed

these measures, and the Labour Party

has said that it would abolish the

concession.

The concession is a genuine incentive

and one that will provide new homes with

little detrimental effect to affordable housing

numbers. It should be retained for at least

the lifetime of the next government.

It is estimated that there are some

600,000 homes lying empty, and whilst

the Government introduced powers

enabling local authorities to bring them

back into use, the ‘Empty Dwelling

Management Orders’ or EDMOs, have

been little used. In 2014 local authorities

used these powers on just 17 occasions,

and 15 of these were in the North East.

It is a sign that these powers do not

work. Our next Government should

re-examine measures to encourage

landlords and property owners to release

or use these empty homes.

In 2012 the Government announced

measures to release redundant public

sector land, claiming capacity for up

to 100,000 new homes. There is little

evidence this has happened. This

commitment needs to be revisited and

a scheduled programme of release

introduced.

The National Federation of Builders

has said that the housebuilding industry

needs 40,000 new workers every year

for the next four years to meet the rising

demand. The shortage of skills is so acute

that wages, particularly for bricklayers,

have increased by up to 50 per cent, and

schemes are being held back.

This is only going to be addressed by a

concerted effort by government, schools

and industry to encourage, promote and

provide attractive apprenticeships in

increasing numbers.

There is no quick or simple fix to our

housing shortage. It is only through a

concerted, coordinated and sustained

effort that we will provide the homes our

children and their children will require.

AFFORDABLE HOME REQUIREMENTS

EMPTY HOMES AND PUBLIC LAND

SKILLS SHORTAGE

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Page 20: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

Coffin Mew’s Clinical Negligence specialists

Meet the experts

Coffin Mew has a diverse range of expert lawyers acting for businesses and individuals. One of the jewels in the firm’s crown is its dedicated team of clinical negligence lawyers, led by Sue Bowler and Douglas Miller.

We hope that you never need to call upon their expertise, but if disaster strikes they are there to pick up the pieces to ensure that your personal care needs are covered, whilst trying to discover what happened.

Sue Bowler

Douglas Miller

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Douglas Miller Partner - Clinical Negligence

023 9236 6012 [email protected]

Sue Bowler Partner - Head of Services for Vulnerable and Disabled People

023 9236 4307 [email protected]

For more information

Sue Bowler and Douglas Miller’s

team of clinical negligence and

personal injury lawyers is recognised

as one the leading teams in the

country for advising people that have

suffered serious and life-limiting

injuries. Its reputation in acting for

children and adults that have suffered

brain injuries is unrivalled.

It is a complex area of law that

combines the emotional and physical

trauma the individual and his or her

family are facing, determining the

long-term care needs that individual

might require, and the lengthy forensic

analysis needed to discover what actually

happened. It is not unusual for a case to

involve many millions in compensation.

Clinical negligence cases, such as brain

damage caused at birth or incorrectly

diagnosed illness, are not, however,

usually about the money, as Sue explains.

“Our work essentially

gives piece of mind. Did

something go wrong, and

if so what?”

“Parents or family members want

to discover what happened, where the

mistakes were made, and ultimately who

is responsible. Compensation paid is to

cover the often complex and expensive

long-term care needs an individual will

need. All of my clients would swap that

compensation in return for their health or

that of their children in an instant.”

Douglas agrees: “Our work essentially

gives piece of mind. Did something go

wrong, and if so what? In successful cases

we can provide financial security for the

effected individual. That compensation

may cover things like lost future earnings,

but is also used for things like converting

a home to make it wheelchair friendly,

rehabilitation therapies, and 24-hour

nursing care.”

With settlements often between

£5 million and £10 million, it is

understandable that there is a high

benchmark to meet to bring a successful

claim. It is necessary to prove that the

medical practitioner failed to demonstrate

a reasonable level of care or treatment

in the relevant medical field, and that no

responsible practitioner would have acted

in the way that happened. The number of

claims is on the increase. The NHS has

this year allocated over £16bn to fighting

and settling claims.

“We will work alongside

our clients for long periods

of time, sometimes their

entire lives”

Sue says, “If more was done to

improve patient safety then the NHS

spend on claims would be reduced. It is

not for any of us to judge the parents of

a child born with severe cerebral palsy if

they wish to investigate a claim. None of

us can imagine what it would be like to

have to care for a seriously disabled child

24/7 for their whole life, maybe never

sleeping through the night and rendering

the parents unable to work.”

“Everyone is aware that the NHS is

under financial pressure, and it is fighting

every claim,” says Douglas. “This makes

cases much longer and an already

expensive process even more so. The

NHS is also not particularly transparent,

making it difficult to ascertain what

happened, when and who was involved.”

It is accepted that some cases will take

many years to settle. Take, for example,

a child with a brain injury received at

birth. The full extent of his or her injuries

and future care needs often cannot be

fully accessed until seven or eight years

of age, or longer in some particularly

complex cases. Injuries received by adults

will generally be concluded more quickly

“It can be frustrating,” says Douglas.

“In many cases a far better outcome

could often be achieved for a patient if a

case was settled quicker. Early admission

of fault by the NHS where a mistake

has been made would be far better for

everyone involved.”

One aspect of the team’s work that sets

it above its peer group is its experience

and work with the Court of Protection,

the body that takes decisions over an

individual’s financial affairs if they lack the

capacity to do so themselves.

“This often means that we will work

alongside our clients for very long periods

of time,” says Sue, “and sometimes for their

entire lives. Ours is not a nine to five job.”

It is a job that extends well beyond their

Portsmouth offices and the courtroom.

Sue is Chair of the Board of Trustees for

Headway Portsmouth and South East

Hampshire, the regional office of the

national brain injury charity, and Douglas

is a Trustee of the Road Rose Association

in Southampton.

Each year the firm raises significant

amounts of money for brain injury charities

and supports the work they do, including

the popular Rose Road Triathlon.

It is the understanding and the empathy

that Sue, Douglas and the team bring to

each case that their clients’ appreciate

and comment upon.

As one of the team’s clients said,

following mistakes made by medical

professionals at the birth of their child

resulting in severe life-long disabilities,

“No one could have done better. Superb

service and the clear way everything has

been explained has made what could

have been a difficult time very easy.”

Coffin Mew’s clinical negligence team

will, thankfully, not be needed by the large

majority of people, but for those that do

suffer serious and life changing injury it

really is the fourth emergency service.

For more information on the work of

Sue, Douglas and the team visit their

dedicated web pages at

www.coffinmew.co.uk

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Page 22: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

So how would you feel if after saying

“I do”, with the Champagne corks flying,

your fiancée pulled out a prenuptial

agreement and asked you to sign on

the dotted line?

Sally Pike, Head of the Family team

at Coffin Mew, says many people think

the idea of a prenuptial agreement is

unromantic and is planning to fail. There

is a sense that it is not the ‘done thing’

and reduces marriage to nothing more

than a contractual arrangement. It is hard

to see anything romantic about setting

out in chapter and verse what should

happen to your assets and income if you

separate.

Sally is, however, seeing a significant

increase in the number of couples

wanting to enter into a prenuptial

agreement because they see it as a

sensible and pragmatic way of planning

for the financial future in the unfortunate

event that the marriage does not last. “It

provides the couple with some certainty

about how they may sort out their

financial affairs if the relationship breaks

down,” says Sally, “which is an all too

common reality for many couples.”

Sally adds: “Divorce is a fact of life, and

with one in three marriages failing it is no

wonder that some people want to try and

minimise the emotional and financial fall

out of a divorce.

“Unravelling your joint finances can

be very expensive and there is no

certainty that a settlement will give either

couple what they really want in terms of

their financial future. With a prenuptial

agreement couples can decide together

what should happen about the house,

where they should both live, assets and

what financial support should be provided

in the event they go their separate ways.”

A lot of couples marrying for the second

time want a pre-nup, as do couples who

have individually built up assets before

getting engaged and are worried that they

might lose them in a divorce.

Ask any couple about how their husband or wife proposed to them and you can be sure the details will be etched in the memory many years later. Whether on a sun-drenched beach, over a romantic dinner-a-deux or overlooking the Manhattan skyline, it will always be a special and personal moment.

“I do”...but sign on the dotted line

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Sally Pike Partner Head of Family Law

023 8057 4319 / 023 9236 4955 [email protected]

For more information

“One of the biggest concerns from

clients is protecting inherited assets they

have received from family,” says Sally.

The recent publicity surrounding big

money divorces where wives have

received record pay-outs for often very

short marriages has thrown the light back

on pre-nups. Would Paul and Heather

McCartney’s divorce, for example, have

hit the headlines if they had entered into

a pre-nup?

Sally offers this advice for couples

considering a prenuptial agreement:

• They are not automatically legally

binding in the English courts and

are just one factor that the court will

consider when dividing the parties

finances. However recent case law

means that they will carry significant

weight with the court provided the

agreement has been entered into

properly. There is now impetus to

change the law further to make

prenuptials legally binding.

• If you go on to have children the court

are likely to take into account the

financial needs of the children first.

The pre-nup is likely to carry less

weight with the court unless the

children’s needs have been met.

• You must both take independent legal

advice and exchange full details of your

finances before entering into a pre-nup.

• Do not leave it until the last minute before

the wedding to get an agreement drawn

up. It’s important that the pre-nup is

signed well in advance of the wedding –

at least three weeks before is

considered best.

Whether prenuptials are considered

unromantic or just prudent financial

planning, one thing that is sure is more

and more couples want to have control

of their own financial affairs in the event

of a separation rather than leaving it to

the court to impose a financial settlement

on them. After all not everyone can live

happily ever after.

The Coffin Mew family law team is

consistently rated in the independent legal

directories Chambers UK and Legal 500

as a top family team in Hampshire with a

reputation for achieving solutions to family

issues that are constructive, pragmatic

and cost effective.

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Page 24: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

The purpose of Shared Parental

Leave (SPL) is to enable eligible

parents to choose how to share the

care of their child during the first

year of birth or adoption. The new

rules mean that parents can take

time off at the same time to look

after a new born or at different

periods in order to share child care.

It is hoped that SPL will help to

create a family-friendly culture in

the workplace.

How will it work?

Mothers have the right to take 52

weeks’ maternity leave, of which the

first two weeks are compulsory. If the

mother would like to share some of that

leave with the father then she can opt

out of maternity leave, and opt in to

SPL, enabling whatever time and pay is

left under maternity leave to be shared

amongst the two parents.

SPL can be taken consecutively or

concurrently between parents, provided

they do not take more than the total

SPL available to them, and that it is

taken before the child’s first birthday.

For example, a mother takes 20 weeks

maternity leave, leaving 32 weeks to

take. These 32 weeks can be shared

between the mother and her partner

as they wish, perhaps with the partner

taking 20 weeks followed by the

mother taking the final 12 weeks,

or by both parents taking 16 weeks

concurrently.

The maternity and paternity regimes have changed again. Parents of babies who were due on or after 5 April 2015 are now entitled to take ‘Shared Parental Leave’. Amy Richardson explains these new family friendly rules.

Shared parental leave – new rights for parents

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Amy Richardson Associate Solicitor Employment

0333 000 0122 [email protected]

For more information

SPL may be taken as one continuous

period or in blocks. If it is taken as one

continuous period, the employer must

agree to it. If SPL is taken in blocks then

it must be taken in multiples of complete

weeks. The periods of SPL must be

agreed between the employee and

employer in advance.

How much are they paid?

If the mother is entitled to Statutory

Maternity Pay, then this can be transferred

into the SPL system. Statutory maternity

pay is paid at 90% of average earnings

for the first six weeks and then a flat rate

for the remaining 33 weeks. If the mother

opts out of maternity leave before her 39

weeks of pay have been exhausted then

the remaining pay can be transferred to

the father under SPL.

Who does it apply to?

To qualify for SPL, employees must

share care of the child with either:

• Their husband, wife, civil partner or

joint adopter;

• The child’s other parent or other

adoptive parent; or

• Their partner (if they live with the

employee and the child in an enduring

family relationship).

Other conditions include:

• The mother or primary adopter must

have been with their current employer

for 39 weeks before the expected week

of child birth and still be in employment.

• The other parent must satisfy the

‘employment and earnings test’,

broadly, have worked on an employed

or self-employed basis in 26 of the last

66 weeks earning at least £30 per week

on average for 13 of those weeks.

In some cases only one parent in a

couple is eligible to get SPL and Statutory

Shared Parental Pay. This means that

they can’t share the leave between them,

but the eligible parent can still use SPL to

book their leave separately.

How does an employer check an

employee’s claim to SPL?

When a mother opts out of maternity

leave and into SPL, she and her partner

must sign a document confirming their

eligibility, the amount of leave (and

pay) remaining, and how it is to be

split between them. Legally binding

declarations are given to the employers

of both parents to ensure that the correct

amount of leave and pay is being taken.

If employers are suspicious about an

employee’s entitlement then they can

check eligibility with HMRC and can ask

their employee to provide a copy of the

child’s birth certificate/documents issued

by the adoption agency.

It is uncertain how many couples will

take up the new SPL option, given that

the pay rate is low, and not many fathers

took advantage of the previous additional

paternity regime. However, employers

must be aware that, unlike the flexible

working arrangements request, they

cannot refuse a request for a continuous

period of SPL.

Employers who offer enhanced

maternity schemes should consider

whether to offer the same benefits under

SPL and the potential consequences if

they do not (for example, would it be

unlawful discrimination?).

Whilst the greater flexibility is good

for working families, it may cause

uncertainty for employers as to which

employees will be in the office following

a birth or adoption. It is therefore best for

employers to have an early conversation

with expecting parents to discuss likely

periods of absence before the formal

notice process starts. Employers could,

however, benefit from the new system

because periods of leave can be taken in

blocks and this allows parents to return

to the office for an important project or

deadline and then go back on leave.

Employers and HR teams should start

to consider the administrative changes

that need to be made in order to manage

a SPL system to ensure communication

and forward planning is as effective as

possible.

“Employers cannot refuse a request for a continuous period of shared parental leave.”

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Page 26: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

Why did you choose a career in law?

Elizabeth: “I wanted a vocation which is challenging and

rewarding. The legal sector is diverse and you can choose

an area of practice that you enjoy the most.”

Jennifer: “I’ve always enjoyed sorting out people’s grievances

and listening to both sides of the story. Being a lawyer allows

me to help people achieve a certain outcome.”

Hannah: “The law is an exciting and innovative area to work

in and each day presents new challenges, with the law constantly

developing. I also enjoy the client contact the job offers.”

What area of law would you ultimately like to focus

on and why?

Elizabeth: “I still enjoy the variety of the work that I am involved

in and am keen to get as much experience this year before

deciding.”

Jennifer: “Similarly to Elizabeth, I am still undecided.”

Hannah: “From my experience so far, I would like to focus on

Court of Protection work; providing advice on personal injury

trusts, helping with the management of affairs under Power of

Attorney, or assisting with the specially adapted houses/building

projects for our clients who have received settlements arising

from a personal injury or clinical negligence claims.”

Every year Coffin Mew takes on a number of trainee solicitors, investing in the next generation of legal eagles. Usually after spending two years working with different teams across the firm they qualify as a solicitor and focus their career on one particular aspect of law. Increasingly in some specialisms there is a need from clients and the courts for trainees to specialise earlier in their careers, so at Coffin Mew we have created bespoke training contracts.

Comment magazine caught up with three of this year’s trainees – Elizabeth Parrish, Jennifer Evans and Hannah Rowlatt (pictured).

Investing in the future

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Page 27: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

Why did you choose Coffin Mew?

Elizabeth: “Coffin Mew is one of the larger regional firms on

the south coast with a great reputation amongst students for

its training programme. I attended the open day and liked the

feel of the firm.”

Jennifer: “As soon as I walked into the Lakeside office, it felt

like a completely different environment to other firms I had

previously visited or worked in. I like the friendly atmosphere

of Coffin Mew, and the people in the firm undoubtedly contribute

to that.”

Hannah: “The firm offers exciting possibilities for its trainees

and a good work/life balance.”

What is work life like at the firm?

Elizabeth: “As a trainee, my work life is busy and varied taking

on new tasks and learning new skills. There are also some great

firm events and networking opportunities to get involved with.”

Jennifer: “Excellent. There is a great team spirit and social side

to the firm.”

Hannah: “It is both professional and friendly. The firm offers

a wide range of opportunities for its employees to help them

develop and achieve the best they can.”

What are the highlights of your career so far?

Elizabeth: “I spent my first six months in the Employment team

and really enjoyed attending Employment Tribunal hearings.”

Jennifer: “Without question, dealing with a client who had been

on a popular BBC TV programme.”

Hannah: “To be given the opportunity to complete a second

seat in the Court of Protection team as part of bespoke, tailored

training contract.”

And if you had chosen a different career?

Elizabeth: “A social worker or, if I was taller, a professional

basketball player.”

Jennifer: “Still love the law, so a lecturer in law.”

Hannah: “I have always been interested in chemistry. If I had

not chosen a career in law, I think I would have become a

pharmacist.”

It’s not all about work. What do you do outside

of the office?

Elizabeth: “I enjoy playing both basketball and netball and I

have also signed up take part in the Great South Run later on

in the year.”

Jennifer: “I spend a large amount of my spare time singing

– I perform regularly with the classical ensemble La Nova

Singers. I am also the backing singer to Coffin Mew’s band

‘Clover’, practicing regularly for the Law Rocks competitions

– we managed to win two competitions last year. I also enjoy

cycling and running, and will be taking part in the Bournemouth

marathon in 2015.”

Hannah: “I am a keen skier and try to get out on the slopes at

least once a year. I also enjoy running and generally keeping fit.

I am from the local area and spend the rest of my spare time

with family and friends.”

For some school and college leavers,

ambition can’t wait. We realise that

some young people want to get their

career started as soon as possible

and our award winning apprentice

programme enables those individuals

to do just that.

Coffin Mew’s apprentice programme is

an alternative to university, and can lead

to the same professional qualification

you would get as a graduate without

any fees or debt.

Our apprentices are highly motivated,

capable and ambitious, and as a result of

our in-house and external learning and

development programme they are able to

become a valuable member of our team

very quickly.

Coffin Mew recruited a number of

apprentices during the last year and

as highlighted in our Insight section,

Emily Bell was awarded ‘Apprentice of

the Year’ at The News Business Excellence

Awards 2015.

We are currently recruiting for

apprentices to join us throughout the

year. So if you know someone who is

looking for a long term career to work

towards a legal qualification (NVQ Level

3 Advanced Apprenticeship in Legal

Services, which will be taught by CILEx)

or wants to join our busy operations

team (Finance, HR, Marketing or IT) and

work towards a nationally recognised

qualification, please contact Jody Nash

on [email protected].

APPRENTICE PROGRAMME

A full time job with a competitive salary, independence and responsibility – without going to university first.

Coffin Mew

To find out more about joining Coffin Mew’s

trainee programme visit www.coffinmew.co.uk

27

Page 28: Issue 3 Comment...Comment The magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts

Working for you

www.coffinmew.co.uk

Coffin Mew LLP is a limited liability partnership in England and Wales (registered number OC 323868) which is authorised and regulated by the Solicitors Regulation Authority (registered number 463138). Lexcel Accredited.

Disclaimer: This information has been prepared by Coffin Mew LLP as general guidance only and does not constitute legal advice on any specific matter and should not be relied upon as such. No liability can be accepted by Coffin Mew LLP for action taken or not taken as a result of this information.

@coffin_mew

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