Casey Smith, Trainee Solicitor at Blythe Liggins LLP, reflects on the first seat of her training contract in the Employment Department.

“The first day of my training contract I felt extremely anxious, but the family feel at Blythe Liggins put me at ease straightaway. I knew that I had their complete support to guide me through this process, which will help me move forward in my legal career. It has since occurred to me that this is exactly how our clients can feel when faced with an employment situation, uneasy to begin with but once they have instructed Blythe Liggins, reassured that they have someone on their side, to help them reach a solution and move on with their lives.

“Unfortunately, the impact of Covid-19 in the workplace has left some employers with the difficult decision to reduce their workforce or restructure their businesses. This has resulted in a significant increase in the number of redundancies and settlement agreements offered to employees. This type of employment situation has made up most of my experience in the Employment Department and can be a very distressing and upsetting time for clients. However, Richard Moon (Partner at Blythe Liggins and Head of the Employment Department), provides his clients with clear employment advice and participating in meetings with him has taught me how to resolve matters in the most effective and efficient way for our clients.

“On the other hand, for certain industries, business has never been better and their thriving workload has led to the need for new recruits. This has given me the opportunity to assist with preparing employment contracts swiftly for employers and developed my drafting skills.

“It is only during my training in the Employment Department that I have realised the importance of establishing the correct employment status. The recent case of Uber has demonstrated this, when the Supreme Court upheld the Employment Tribunal’s findings that Uber drivers were in fact ‘workers’ and not self-employed contractors. This entitled Uber drivers to employment rights including National Minimum wage and paid annual leave.

“Overall, I have really enjoyed my experience in the Employment Department and I am extremely grateful to Richard Moon for the opportunities he has given me and his patience. Richard’s clients praise him on his thorough advice and during my 3 months training with him, it is not hard to see why!”

Richard Moon, has said that “Starting out on the long journey to pursue a career in the law can be a daunting experience but Casey has approached the start of her training contract with great aplomb. Her diligence, understanding and knowledge of the law will stand her in good stead for the remainder of her training contract”.

If you are facing an employment situation and you need legal advice, then please contact Richard Moon on 01926 831 231.

CAPTION: CASEY SMITH, TRAINEE SOLICITOR

Myton Hospice has received a welcome boost to its funds with more than £17,000 being handed over by local law firms who took part in the charity’s Make a Will Week.

During the campaign solicitors worked hard to get the wills written, signed and witnessed under social distancing rules, sometimes in unorthodox situations such as having wills witnessed in the car park and even over the garden fence!

Donna Bothamley, head of the Wills and Probate department at Blythe Liggins, said her firm has raised more than £3,000.

“The Myton Hospice is our named charity and we have been supporters of them for more than 25 years and have taken part in their Wills Week since 2010. They have been hit very hard due to the pandemic, having to cancel their major fundraisers and close their 30 or so shops, which do so much to raise funds towards the £9 million needed each year to provide the best care and support for terminally ill people and their families across Coventry and Warwickshire,” said Mrs Bothamley.

Danielle Mooney, one of the fundraising team at Myton Hospice, said she had appreciated how challenging it had been for the law firms these last few months with lockdown restrictions and social distancing measures. “I would just like to take this opportunity to thank you for your patience, perseverance and all the effort that you have made to ensure donations have been received by us.”

Caption: Donna Bothamley at Blythe Liggins

 

 

A Radford Semele wills and probate lawyer has been celebrating 30 years with Leamington solicitors Blythe Liggins against a backdrop of surging demand for wills as a result of the pandemic.

“I can’t remember a time like it” said Paul England. “We have never been busier and are seeing a huge surge in the number of people wanting to write wills or update their existing ones.

“Coronavirus has brought us some completely new challenges. Wills have to be witnessed by two people present at the same time and this can be tricky at a time of social distancing. We had clients and witnesses signing wills on a car bonnet in our office car park or sitting on a bench that we have provided!”

Senior partner Richard Thornton, who has worked with Paul since he started at the firm said: “Paul is a real asset to Blythe Liggins. He is a first-class wills and probate lawyer with tremendous experience and knowledge but he is also very approachable and kind. He is very well liked by both his clients and his colleagues here at Edmund House.”

Paul has also organised the firm’s participation in the Two Castles run since Blythe Liggins first sponsored the event in 2006. Each year he gathers a large number of runners connected with the firm to join the Blythe Liggins team, including his two elder children Ryan and Zoe.

He is a very keen sportsman who cycles to work, takes part in local wolf runs and has completed the London and Birmingham marathons. In his youth, he swam for Leamington Amateur Swimming Club as far afield as Germany and France. He currently helps coach a junior football team in Leamington, in which both of his younger sons have played.

He also has an encyclopaedic knowledge of his beloved Coventry City Football Club, which he has followed both home and away since the days of Joe Mercer when he was first taken to Highfield Road by his grandfather.

CAPTION: Paul England celebrates 30 years at Blythe Liggins

 

 

Organisers of this summer’s Two Castles run between Warwick and Kenilworth have reluctantly had to cancel the event for the second year running.

The annual race is organised by Kenilworth Rotary and Leamington Cycling & Athletics Club and would have been run on Sunday June 13.

However, race organiser and Rotarian Philip Southwell said the pandemic had made the decision to cancel inevitable.

Richard Thornton, joint senior partner of Leamington law firm Blythe Liggins, which has been the main sponsor since 2005, said the cancellation was expected but nonetheless very disappointing. “The Two Castles is an excellent event which attracts some 4,000 runners and raises more than £100,000 a year and in these calamitous financial times for charities it was more vital than ever that the event took place. Last year’s cancellation was a serious financial blow for local charities and I know that Kenilworth Rotary has done all it could to stage the event this year, but yet again the pandemic had the final word.”

 

Caption: Richard Thornton (right) with Two Castles race organiser Philip Southwell

There has been some good news for local businesses who have been hit by COVID-19, as they may now be able to realistically pursue an insurance pay-out following a judgement handed down by the Supreme Court.

At a hearing on January 15, the court backed policyholders in a test case to clarify whether a variety of policy wordings cover business interruption (BI) losses resulting from the pandemic.

Proceedings were brought by the Financial Conduct Authority last year, as clarification had become vital due to the pandemic and the measures adopted by the government. Businesses that had been forced to close due to lockdown restrictions were unsure whether their insurance would cover their losses.

The FCA says the result means “many thousands of policyholders” will now receive pay-outs for coronavirus-related business interruption losses.

A typical disease clause in a business insurance policy will cover losses when a notifiable disease occurred within a geographical radius of the insured premises, typically 25 miles.

But all too often, an insurer requirement will state that a local authority must have imposed ‘prevention of access’ or similar restrictions on use of business premises before accepting any form of liability.

The Supreme Court rejected this and ruled that the disease clause may be satisfied in an emergency, if it is given in clear, mandatory terms – for example, the Prime Minister’s ‘stay at home’ instruction.

The Supreme Court also gave guidance where a business offers a mixture of ‘walk-in’ and telephone or online orders. For example, a restaurant business which provides eat-in and takeaway services which closed the eat-in arm of its businesswould be restricted to recovering loss from the eat-in service only.

The obvious note of caution is that this was a test case concerned with general points of principle and the wording of each policy will remain key. The decision was also based on facts raised in proceedings started in June 2020 and developments in the pandemic since may give rise to more novel points which have not yet been put in front of a court.

So, while this case offers hope, success cannot be viewed as a racing certainty and businesses may expect insurers to contest the amount claimed for business interruption losses. What is needed is a careful analysis of your policy wording to see whether or not this latest court decision can help you to argue your case.

Philip Morris, Dispute Resolution Lawyer

At Blythe Liggins we recommend the preparation of pre-nuptial agreements (quite often referred to as pre-nups).

A pre-nup is an agreement in which a couple record their rights and obligations in relation to property, capital income, debts and any other assets.  They can record how they want to divide assets should their marriage fail and what financial support they will provide to the other in the event of separation or divorce.

Without a pre-nup the court can, upon divorce, include all assets in the financial settlement, including any acquired before the marriage.

Pre-nups are not strictly enforceable in the UK as there is currently no legislation making them legally binding.  However, UK courts do now recognise such agreements and are willing to hold parties to them provided that they are fair in all the circumstances. This principle was first established in the case of Radmacher v Grantatino in 2010 when the court refused to vary a pre-nup entered into by the parties before they married.

Indeed the Law Commission, which is a statutory independent body that advises on the law, has recommended that there be a change in the law whereby such agreements should be upheld unless they are found to be unfair.

A carefully drafted pre-nup should afford the parties a large degree of protection provided that the financial needs and any financial responsibilities towards the children have been met. You can include a review provision within a pre-nup in case there is any change of circumstances not specifically catered for in the agreement such as ill health, redundancy, having more children etc.

It is important when preparing a pre-nup that both parties fully disclose their finances and are both afforded the opportunity of taking separate legal advice.  The agreement must be freely entered into so a pre-nup should be executed (signed) no fewer than 21 days before marriage.  This should avoid a party to such an agreement being forced to sign it shortly before their wedding day.  At Blythe Liggins we suggest that a pre-nup is ideally signed a month before your wedding day.

At Blythe Liggins we will prepare a bespoke pre-nup to cover your particular needs. We will make sure that it covers everything that you want it to. It is a good idea for parties to think about what they would like to happen if their marriage should ever come to an end. For example:

1. What would happen to property that either of you brought to the marriage?
2. What would happen to the family home?
3. What would happen to any property given to you or inherited during the marriage, or any assets you paid for yourself?
4. What would happen to any income or assets derived from trusts?
5. What would happen to any money you’ve saved/earned during the marriage?
6. What would happen to your pensions?
7. How would you deal with debts?
8. Would either of you pay or receive any maintenance and if so for how long?
9. What kind of events might require a review?
10. How would you divide contents to include ownership of vehicles or maybe a joint art or record collections that you may have built up over the years?
11. What kind of arrangements would you put in place for the children that you have or are likely to have?

Pre-nups are not just the reserve of wealthy couples. Increasingly we are being asked to prepare such agreements for couples marrying for the second time who want to protect their respective children’s future inheritance. In addition, young couples starting out on life’s journey together are also looking to prepare such agreements, particularly where one party may be contributing significantly more than the other towards their first home together.

CAPTION: Louise Sheasby, Chartered Legal Executive in the Family Law Department

 

 

 

 

 

When a medical professional or treatment provider makes a mistake, should they admit it to the patient or just hope that they are never found out?

Regulation 20 of the Health and Social Care Act* states that care providers must act with openness and transparency in the event of a serious incident. This is known as the ‘Duty of Candour’ and the Regulation came into force in November 2014 for NHS bodies and April 2015 for all other organisations.

The information provided to the patient or their family should include an account of all the facts known about the incident and confirmation as to what will happen next. The family should be kept informed of any investigation and its outcome, which should be followed up in writing and include an apology.

Most hospital trusts fully comply with this duty but in September 2020, in the first case of its kind, the Care Quality Commission (CQC) prosecuted a Trust that failed miserably to adhere to the Regulations.

University Hospitals Plymouth NHS Trust was ordered at Plymouth Magistrates’ Court to pay a total of £12,565 after admitting it failed to disclose details relating to a surgical procedure or to apologise, following the death of a 91-year-old woman.

The CQC brought the prosecution after it emerged that the trust failed to share details of what happened to Elsie Woodfield prior to her death at Derriford Hospital, in Plymouth, following an unsuccessful endoscopy procedure. The trust also failed to apologise to Mrs Woodfield’s family within a reasonable timeframe.

Mrs Woodfield suffered a perforated oesophagus during an endoscopy in December 2017. As a result, the procedure was abandoned and Mrs Woodfield was transferred to the hospital’s Marlborough Ward for observations. While there she collapsed and later died.

Following the operation, it was found that the trust had not communicated what had happened with Mrs Woodfield’s family in an open and transparent way, nor had it apologised for what had happened to her in a timely manner.

This is a welcome decision as it is vital that all care providers are open and transparent. Poor Mrs Woodfield’s family were never afforded that courtesy and let us hope that the case serves as a timely reminder for others to abide by their Duty of Candour.

* Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

CAPTION: Claire Kirwan, Partner and Head of the Clinical Negligence Department

When a marriage, sadly, breaks down it is necessary sometimes to look at the family business and agree how it should be dealt with. For example very often it is possible to preserve the family business, since it is the business that has provided prosperity in the past and will be a source of income for the future.

In a recent article I pointed out the importance of obtaining the appropriate expert accountancy evidence to deal with such matters as the capital value of the business, recapitalisation and liquidity. These issues are core to reaching a financial settlement within divorce proceedings. There are other issues relating to practical matters such as a spouse resigning from the company, either in an executive capacity as a director, or resigning as an employee. In those circumstances, the person who takes on the company will provide, typically, indemnities with respect to future trade liabilities and potential tax liabilities.

For a number of years the court has been preoccupied with various issues relating to how a company should be valued with respect to divorce proceedings. For example, a number of different values can be attributed to a company. A company will have a value that was amassed prior to the marriage ceremony, a different value when the parties separated and a further value if the case ends up in court later on. This conflicting evidence can impede how a case may settle.

The courts, however, are seeking to adopt a more pragmatic view and in the case of Martin v. Martin which was reported in the Court of Appeal in 2018 the Judge adopted what may be viewed as a more arbitrary approach, applying a straight line apportionment to the increase in the value of the business over its life span. Quite clearly no business develops and grows in this way, but with a growing focus on fairness by the Judges in decisions they make, we can assume that the focus of the Judge was not just on what is correct in terms of the business valuation, but what is fair and just. In other words, the judge may seek to disregard complicating variables, and instead look at the value of the business during its lifetime and then apportion that increase in the value of the business accrued during the marriage.

In the first instance therefore, it is important to commission the appropriate report from an experienced forensic accountant who deals with such matters, but in addition, to adopt the type of pragmatism that the case of Martin v. Martin brings to the table when seeking to negotiate a settlement, as opposed to going through a court process of litigation, which is to be avoided because of additional cost and delay.

When dealing with a business as part of a divorce, it is important that the correct valuation evidence is obtained and appropriately evaluated. The family department here at Blythe Liggins are always willing to assist and can be contacted at agb@blytheliggins.co.uk or 01926 831231.

 

We have certainly been living though very worrying times.  Not only have we, as a country, had to face a national health crisis but an economic crisis too, with the effects of both no doubt burdening us as a society for many years to come.

Confined to home for weeks on end and the suspension of normal life as we know it has no doubt had an impact upon us all. Sadly, this has added to the pressure on relationships that were already fraying at the edges pre-lockdown. It is anticipated that the number of divorces are set to spike following the easing of the current restrictions.

However, if you are contemplating divorce you should ask yourself if you have exhausted all other avenues, such as marriage guidance counselling.  Divorce is a big step.

The mechanics of obtaining a divorce nowadays are usually straightforward, particularly if both agree that the marriage is over.  The difficulties tend to lie in resolving practical issues stemming from divorce such as how to separate, arrangements for the children and money matters.

It is true to say that in this life you get what you pay for.  An internet service can be impersonal and you could end up doing a lot of the paperwork yourself.  It is therefore vital that you appoint a specialist family lawyer as they will be able to expertly guide you through this process.

A good family lawyer will take a sensible approach to your case and give you sound pragmatic advice and it won’t cost the earth!

Many family lawyers understand the financial constraints placed upon families, particularly at this difficult time.  Many solicitors are more than happy to talk to you upfront about their likely fees and will work within your budget.

Most cases can be resolved by agreement which can sometimes save time and money. This is what a good family lawyer will aim to achieve for you.

The family department at Blythe Liggins offer a personal service tailored to meet your individual needs.  Please feel free to contact us for a confidential chat.

 

CAPTION: Louise Sheasby, Chartered Legal Executive, Family Department

Of primary concern, quite naturally, for people going through a divorce is to find out what type of financial award they might ultimately receive. We at Blythe Liggins like to think that we are adept at providing clients with advice that may very well lead to a financial settlement being entered into.  This advice can only be given once the extent of the matrimonial assets has been determined.  In other words both sides disclose to one another what their capital assets amount to and what income they have.

One of the challenges in dealing with financial disclosure is to calculate the value of the parties’ business interests.  There are many clients who trade either by themselves or in partnership or under the guise of a limited company.  The challenge is to arrive at a valuation of the company so that in turn this can be factored into the type of fair and reasonable settlement that the parties very often aspire to, with the aim of avoiding court proceedings.

So what is a company worth?  In the very best of times it can be challenging to ascertain the value of a company.  There are many factors to be taken into account, for example very often a discount will need to be applied for a minority shareholder. In the alternative the company might have liabilities on the one hand or be overstocked on the other.  Arriving at a valuation of a business interest has always been challenging but even more so nowadays due to the Covid-19 crisis which ironically in connection with some companies has enhanced their value, but in the case of a majority of businesses has caused their value to decline.

It is not a solicitor’s job to value a business interest, or shareholding but rather for a forensic accountant to undertake this task.  However, what is important is to instruct the appropriate accountant with the necessary skill sets to value a business interest and at the same time for the solicitors instructing the accountant to provide them with the appropriate information which will form the bedrock of their valuation report.

There are many questions for the accountant to be answered, not least of all the capital value of a party’s interest in a business but also the liquidity of the business and whether or not there are any plans for re-capitalisation or ultimately perhaps even a sale.  The matrimonial department at Blythe Liggins has worked with many businessmen and business women over the years, helping them to find solutions that not only protect their business interests and livelihood but also produce a fair and reasonable result for the parties when ultimately they divorce.

Legal advice on how a business might be dealt with when a marriage breaks down or a relationship fails can be sought by speaking to a member of the matrimonial department here at Blythe Liggins.

 

CAPTION: Andrew Brooks, Partner and Head of the Family Department