Copyright © 2010 Lanyon Bowdler 2010-09-08T23:22:23+0100 2010-09-08T23:22:23+0100 http://blog.lblaw.co.uk/ Lanyon Bowlder Solicitors blog. http://blog.lblaw.co.uk/ http://blog.lblaw.co.uk/images/lanyon-bowdler-logo.gif http://blog.lblaw.co.uk/ Lanyon Bowlder Solicitors blog. Lanyon Bowdler Lanyon Bowdler Lanyon Bowdler en Legal 1440 http://blog.lblaw.co.uk/is-your-website-compliant-228/ Head of the Company & Commercial Team, Richard Murrall, offers some useful advice below.Websites are an important information and brand building tool.  Its quite easy to launch a website you might have the expertise in house to do it, but failing that, you can outsource the work to a web design company.  As a result, most businesses have a web presence in some shape or form.  However do you know whether your website is legally complaint?Here are a few matters to consider:1    If you have asked a third party to build a website for you, ensure that you have a written contract in place relating to the design, build, maintenance and hosting of the site as well as registration and ownership of the domain name.  The obligations of the third party need to be set out clearly.2    Just because you commission the development of a website does not mean you own the copyright to it.  Make sure your agreement transfers to you the ownership of copyright in the site.3    You will need provisions to ensure that someone else can host and amend the site if you end your arrangement with the original designer.4    Make sure that you own the copyright in any photographs and prose to be included on your website or, if you dont, that you have written permission to use them.5    Dont post, or let anyone else post, anything on the pages of your website that you are not happy for the whole world to see.  Be careful that any postings are not libellous or in breach of someone elses copyright.  You could be liable.6    Consider whether you need separate password protected pages which can only be accessed by parents.7    Online notice boards and blogs, can be problematic.  Your website should include appropriate policies on how these pages may be used.  You may have to monitor them and reserve the right to control what is posted.8    The Data Protection Act imposes obligations on any organisation collecting and using personal data.  If you collect data (like names and e-mail addresses) of visitors to the site make sure that you are clear, on your website, of the purposes for which the data is being collected and get appropriate consent to that use.  If you are collecting data a suitable privacy policy gives comfort to users.9    The Disability Discrimination Act and related legislation impose obligations to ensure that disabled persons are not unfairly discriminated against when attempting to access online information.  Your site must comply with those requirements.Points to note:The public pages of your website are an online prospectus.  A prospective customer will form an opinion of your site within a few seconds of clicking through your pages.Keep your website pages up to date.  Out of date content is, at best, irritating and, at worst, misleading.If you would like to contact Richard, you can do so on 01952 211046 or email him at richard.murrall@lblaw.co.uk. Corporate & Commercial Law 2010-09-06 12:57:12 http://blog.lblaw.co.uk/is-your-website-compliant-228/ http://blog.lblaw.co.uk/successful-summer-shows-227/ It has been a busy month! Lanyon Bowdler had a presence at three local shows during August  Burwarton Show, Oswestry Show and the Shrewsbury Flower Show.  On Thursday 5 August we went along to Burwarton Show, and had a great day entertaining clients and visitors with cold drinks, cheese and biscuits and some delicious cakes -which were very popular! We also held a competition for the chance to win rail travel to London and a trip on the London Eye plus other smaller prizes.  We received a large number of entries into the competition, with the prize winners being announced at the end of the day.  Our thanks and appreciation go to Wrexham & Shropshire Rail who very kindly donated the rail tickets for the competition. Fresh from Burwarton, we were at the Oswestry Show on Saturday 7 August, this time entertaining clients and visitors whilst serving strawberries and cream with refreshing cold drinks, and also dodging the typically British summer showers! The weather didnt seem to put people off though as we received plenty of visitors, and again a large number of entries into our competition to win an iPod Touch.  The lucky winner was drawn at the end of the day. On 13 and 14 August, we attended the Shrewsbury Flower Show with our Show Garden entry on behalf of local charity Headway Shropshire.  The garden, designed by local garden designer Mike Russell  was the result of many months of team work, recorded in Diary of a Show Garden, and it paid off - we won! We were awarded the Mike Hough Memorial Trophy for Best Outdoor Show Garden, plus a Gold Medal, which was a tribute to all those who had been involved and put so much effort into this wonderful project.  Chief Executive of Headway Shropshire, Jean Robinson, was present as our win was announced, and was obviously thrilled.  We also had several clients from Headway Shropshire with us over the two days, so it was very much a team effort, and we were delighted with the high number of visitors to the garden.                                                      Lanyon Bowdler News 2010-08-25 11:30:00 http://blog.lblaw.co.uk/successful-summer-shows-227/ http://blog.lblaw.co.uk/statutory-demands-creditors-solution-for-reluctant-debtors-226/ Considered by some as nothing more than a scare tactic, results show that Statutory Demands are highly effective when pursuing money from reluctant debtors.Useful against both indebted individuals and companies, a Statutory Demand is the first step in bankruptcy threats, prepared and served without any Court involvement.Statutory Demands carry the warning that any money left outstanding will be swiftly followed by a bankruptcy petition and are so successful that in the majority of cases where a demand is issued no bankruptcy petition is actually sought.Currently, there are two types of Statutory Demands available to creditors.Statutory Demands made under Section 268 (1) (a) of the Insolvency Act are used in everyday situations where debtors simply owe a sum of money.  By contrast, Statutory Demand Debt for Liquidated Sum Payable Immediately are typical where a creditor has already challenged a debtor for non-payment, obtained a Court judgment, and wishes to enforce it by means of the highly effective Statutory Demand.Whichever option, guidelines enforced by the Insolvency Rules mean Statutory Demands must contain certain information, such as clear details of how a debt arose and the total amount being chased.  No demand can be issued if the amount owed is under 750.A Statutory Demand can be served as soon as the debt is due and a judgment is not necessary.  If the debtor disputes the claim, he or she can apply for the Statutory Demand to be set aside and Bankruptcy Courts will halt further petitions, if there is any dispute about the sum outstanding.Under previous systems, when a company was forced into liquidation the liquidator would be the first to receive any monies owed.  But new regulations mean that unpaid employees are considered and then reimbursed first, liquidators second, followed by the owners of any outstanding fixed charges and unsecured creditors thereafter.  Provided creditors are certain that a debt is contractually due, and debtors have the money, a Statutory Demand may be the best option. Once issued, debtors have 18 days to formally dispute any claims levied against their name.  If no dispute is filed, debtors have 21 days from the day a Statutory Demand was served to pay the full amount owed, offer property as a security, make some settlement, or arrange with their creditor to service outstanding debts.Additionally, if debts are owed by companies rather than individuals, similar principles can be applied, the only differences are in the delivery/service of any demands and consequences for debtors.However, unlike individual debts leading to bankruptcy petitions, if a company fails to pay, a Winding Up petition can be filed in the Court.  Once granted, a company will be liquidated and its assets will be valued in order to pay creditors on a dividend basis.   Companies keen to halt creditors advances can obtain an injunction against Winding Up orders, but our expert solicitors can tackle such incidents and advise of the best course of action.Individuals and companies with strong reputations are always keen to maintain a public faade.  Those solvent will be keen to see issues resolved. Debt Recovery 2010-08-18 10:30:17 http://blog.lblaw.co.uk/statutory-demands-creditors-solution-for-reluctant-debtors-226/ http://blog.lblaw.co.uk/landlord-identify-theft-warning-as-tenant-sells-property-225/ Property experts have warned landlords to keep personal and financial documents away from rented properties and ensure identity theft is kept to a minimum.The warning comes following the court case of a south London tenant, who now faces imprisonment after attempting to sell his landlords property.Steven Rice, the managing director of a yacht company, obtained personal information about his 83-year-old landlord, Vernon Stratton, and sold Mr Strattons South Kensington property for 1.47million.After the money was paid into Mr Strattons account, Mr Rice obtained a false driving licence in Mr Strattons name and attempted to transfer the funds to his Dubai bank account.When Halifax staff questioned the validity of the driving licence, Mr Rice was reprimanded by police and could now face years behind bars for fraud.Tenant sub-letting is not going to stop. But this is a one-in-a-million case. I cant see many tenants having the confidence to get fake ID and maintain the front with solicitors, a leading letting agent commented.The serial opportunist admitted possessing a false ID document with intent and acquiring criminal property. However, he denied charges of fraud and possessing an article for use in fraud.Southwark Crown Court heard how Mr Rice had earlier rented another landlords Kensington house under a false name and secured a 489,235 loan on the property from Lloyds TSB. The money transfer was eventually cancelled at the last minute.Mr Rice will be sentenced later this year. In the meantime, landlords must make sure all confidential post is re-directed to a suitable address to avoid suffering the pitfalls undergone by Mr Stratton and those landlords whose properties are being sub-let. Residential Property 2010-08-10 13:48:20 http://blog.lblaw.co.uk/landlord-identify-theft-warning-as-tenant-sells-property-225/ http://blog.lblaw.co.uk/the-risks-involved-in-acting-as-an-executor-of-a-will-224/ Executors have many duties.  If they cannot carry these out correctly, because they do not appreciate their scope, they may be personally liable at considerable cost. Executors who cause loss to estates are liable to beneficiaries for depleting assets.  Lay Executors may unwittingly make mistakes when winding up an estate, and beneficiaries may thereby suffer loss. Executors liability is not limited to the distribution of assets to beneficiaries.  For example, the deceased may have been a tenant of premises.  An Executor would be responsible for payment of future rents.Executors are responsible for completing self-assessment tax returns during the administration of the estate, and for payment of assessed tax. Executors may be personally liable to creditors of a bankrupt beneficiary, if they pay the beneficiary direct and cannot recover it from him.Executors must keep accurate accounts of their dealings with an estate, and beneficiaries are entitled to inspect them.What if there is a creditor of the estate but the Executor is unaware of their existence?  Publishing statutory notices will usually protect Executors.What if executors omit beneficiaries from distribution because they are not aware of their existence or whereabouts?  Insurance or protection from the Court may be available to Executors in this difficult position.It is complicated and its best for executors to involve expert solicitors to administer the estate.  Alternatively, appoint your solicitors as executors when you prepare your Will. Private Client 2010-07-29 11:23:46 http://blog.lblaw.co.uk/the-risks-involved-in-acting-as-an-executor-of-a-will-224/ http://blog.lblaw.co.uk/is-it-a-costly-and-lengthy-process-to-settle-matrimonial-disputes-with-mediation-or-collaborative-law-223/ Following on from my previous Blogs, I now come to the final few questions about these methods of dispute resolution - Peter Flint has been extremely helpful in providing a clear picture as to how Mediation and Collaborative differ, and how they can help make a painful process easier to cope with.Firstly I wanted Peter to explain typically how long would it take to settle a matrimonial dispute using one of these methods?He replied "It of course depends upon the complexity of the particular case.  I have carried out mediations where the clients have reached an agreement during the course of the first meeting, and other mediations involving complex issues where it has taken 5 or 6 meetings for an agreement to be reached.  The norm so far as mediation is concerned is generally about 3 meetings.  "With regard to collaborative law, again the norm would be 2 or 3 meetings, although it is perfectly possible for an agreement to be reached at the end of one meeting (albeit a meeting which may well have lasted a whole day!)"The all important question followed!  What about cost?  I understand lengthy Court processes can be expensive, but if mediators and collaborative lawyers are fully trained, qualified individuals, surely this cannot be a particularly cheap option either?Peter explained "The costs involved in resolving financial disputes through Court proceedings could well be in the region of 6,000.00 - 8,000.00 for each Client (again of course depending upon the complexities of the case).  Mediators charging rates are generally speaking lower than solicitors charging rates, and the work which is carried out outside of the mediation meetings is considerably less than the work which is required during the course of Court proceedings, relating either to resolving financial issues or arrangements for children.  "It is fair to say that adopting the collaborative law model can be a fairly costly exercise and not necessarily more cost effective than going through the Courts.  Again, much depends upon the issues involved in the case.  I would however emphasise that costs should not necessarily be the overriding principal.  What really matters is the clients being able to reach an agreement on an amicable basis which they are satisfied is fair for both of them, and in doing so, will greatly benefit their children in the future."My final question to Peter; If someone is interested in seeking legal assistance through one of these means, how do they go about finding a lawyer who can assist, and is there anything they need to be aware of?  (eg with collaborative law you mentioned to me that the other side has to be a trained collaborative lawyer too)?Peter says "In collaborative law, the lawyers acting for both clients must be fully trained collaborative lawyers.  Details can be found on the internet or by way of enquiries made with Resolution (formerly known as the Solicitors Family Law Association).  Similar enquiries will lead to details of the mediation services available for the particular area, or alternatively the clients respective solicitors will be able to recommend a local mediation service."If you would like more information about either of these methods of matrimonial dispute resolution, contact Peter Flint, Colin Spanner or Lisa Grimmett - all of who are fully trained Collaborative Lawyers.  Peter is also a fully trained mediator. Divorce and Family 2010-07-28 16:01:29 http://blog.lblaw.co.uk/is-it-a-costly-and-lengthy-process-to-settle-matrimonial-disputes-with-mediation-or-collaborative-law-223/ http://blog.lblaw.co.uk/one-in-ten-employees-naive-over-payslips-222/ Almost 10% of Britains employees do not understand all the details of their payslips and could be losing out on wages, according to new research from the Institute of Payroll Professionals (IPP).With Septembers National Payroll Week just around the corner, the IPP is calling on all employees to study their payslips and check they understand vital information.By law, employers are forced to hand out fully itemised payslips on the due date stipulated in employee contracts.  However, a worrying amount of employees fail to grasp their level of National Insurance contributions, employee benefits, pension reductions and even simple taxes when given their monthly slip.Organisations are legally required to provide their employees with an itemised payslip whenever they are paid, but it is surprising the number of people who do not understand them, reiterated Mr Lindsay Melvin, IPP Chief Executive.Understanding all the details and figures in ones payslip is the only way to be completely sure that you are getting paid correctly.  In reality, error rates are very low but knowing your payslip inside and out is the best way to be able to spot mistakes or miscalculations.This is particularly relevant with the growing number of organisations implementing e-payslips, by which employees may be even more confused because they are unfamiliar with a new format.Experts have also advised employees to keep a record of all their payslips, even if the money has already been spent, so that mortgage or tax credits can be applied for in the future.While HR departments can iron-out any payslip queries, if you feel youve been underpaid by your employer, or wish to launch a tax dispute, speak to an employment solicitor today and find out the options available. Employment Law 2010-07-19 13:08:43 http://blog.lblaw.co.uk/one-in-ten-employees-naive-over-payslips-222/ http://blog.lblaw.co.uk/mediation-collaborative-law-a-quicker-more-popular-route-to-resolving-marital-disputes-221/ The following formed the next questions I asked Head of Family & Senior Partner Peter Flint.Why are they becoming more popular is it purely down to the cost or does the process help retain some form of civilized relationship?  Peter replied "Generally speaking, if successful the costs involved in mediation and in the collaborative law approach will be less than having the issues in dispute resolved through Court proceedings, particularly if at no stage of those Court proceedings can an agreement be reached and the matter has to proceed to a Final Hearing before a Judge.  Additionally it seems that clients are now more willing to be encouraged to seek an agreement which is fair and reasonable for each of them (which in turn will be of benefit to the children), rather than adopting the historic adversarial approach."I then wanted to know whether these processes were quicker than the traditional methods of going through the Courts to resolve dispute and if so, why?Peter explained "Both mediation and collaborative law are quicker methods of achieving resolution of issues arising out of breakdown of a relationship than pursuing those issues through Court proceedings.  Not only are Court proceedings costly but they also involve quite a lengthy process mainly as a result of the various steps which have to be taken by each party during the course of the proceedings and also due to the Courts waiting lists which in most instances are lengthy."Seems to me, anyone looking to resolve a marital dispute would be wise to consider one of these methods.  It you would like more information, or would like to speak with someone about collaborative law or mediation, contact Peter Flint on 01743 280280 or email him at peter.flint@lblaw.co.uk. Divorce and Family 2010-07-14 11:54:01 http://blog.lblaw.co.uk/mediation-collaborative-law-a-quicker-more-popular-route-to-resolving-marital-disputes-221/ http://blog.lblaw.co.uk/the-differences-between-mediation-and-collaborative-law-220/ I asked Lanyon Bowdler's Senior Partner and Head of the Family Department Peter Flint, what the key differences are between these two methods of matrimonial dispute resolution?He responded as follows:"For either process a client would need to seek either a fully trained collaborative lawyer or a qualified mediator.  "In mediation the Clients have a meeting or a series of meetings with a mediator, whose function is to work with the clients in assisting them in reaching an agreement to resolve the issues between them.  Although mediators are frequently qualified lawyers, the mediator is not allowed to provide any legal advice during the course of the mediation process.  Mediation is at present purely a voluntary process, and at any stage during the process the clients can go back to their respective solicitors for legal advice.  An agreement reached in mediation is not of itself legally binding.  The agreement can be made legally binding, for example by it being incorporated into a Court order or a Separation Deed."Collaborative Law involves adopting a similar team work approach, but the meetings are held between the clients and their respective collaborative lawyers.  At the outset of the process the Clients have to sign a Participation Agreement in which they agree not to take any Court action or threaten to take any Court action during the collaborative process; that they will work together with their lawyers with a view to achieving a fair and reasonable agreement which will be of benefit to their children; and that if they cannot reach agreement and have to refer their dispute to a Court, then they have to instruct new solicitors to represent each of them."If you feel one of these methods of resolving a dispute could be right for you, contact Peter on 01743 280280 or email him at peter.flint@lblaw.co.uk Divorce and Family 2010-07-06 16:14:14 http://blog.lblaw.co.uk/the-differences-between-mediation-and-collaborative-law-220/ http://blog.lblaw.co.uk/horticultural-workshop-at-headway-shropshire-219/ The rain clouds didnt bode well for the horticultural workshop scheduled for this morning at the Headway Shropshire garden, however it didnt put anyone off!  Amanda and I had gone along to Headway Shropshire to help Mike Russell, our show garden designer, with a horticultural workshop he was holding for the clients of Headway.  The idea of the workshop was to involve the clients in potting on the vegetable produce and companion plants currently being grown at Headway for inclusion in the show garden.  As gardening is renowned as being very therapeutic, it was also an excellent rehabilitative exercise for the clients.  The workshop got started at 9.30am, with a gazebo being set up in the garden to shelter us all from the imminent rain, whilst Mike brought along tables and benches for the Headway clients to work at, together with numerous bags of potting compost and spare pots.  Several of the Headway clients then joined us and were soon getting their hands dirty re-potting plants, transferring seedlings, and digging the ground.  I made myself useful by transferring marigolds from their seedling trays into large pots to enable them to grow on, and also made sure I seized the opportunity for plenty of photographs.  Luckily we managed to get the majority of the planting done before the rain started!  It was clear that the Headway clients thoroughly enjoyed themselves, especially as they came back after lunch to carry on with the gardening after the workshop had finished! Headway Shropshire Show Garden 2010-07-01 17:14:23 http://blog.lblaw.co.uk/horticultural-workshop-at-headway-shropshire-219/