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<copyright>Copyright &#169; 2012 Lanyon Bowdler Solicitors</copyright>
<pubDate>Sun, 05 Feb 2012 09:35:29 +0000</pubDate>
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<description>Lanyon Bowlder Solicitors blog.</description>
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<link>http://blog.lblaw.co.uk/</link>
<description>Lanyon Bowlder Solicitors blog.</description>
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<title><![CDATA[Company Commercial Team Compete in the Cold]]></title>
<link>http://blog.lblaw.co.uk/company-commercial-team-compete-in-the-cold-364/</link>
<description><![CDATA[
The Company Commercial team at Lanyon Bowdler were active last weekend training for and competing in the various sporting passions they pursue when not in the office.
Kathryn Morgans, a trainee solicitor in the team, represented Wolverhampton and Bilston Athletics Club on Saturday 28 January at the Midlands Counties Cross Country Championships in Nottingham. Kathryn said: The womens race was a national standard event and took in several muddy and hilly loops of Wollaton Hall and Deer Park. Despite being sunny it was really cold so it was good to see runners of all abilities from Shropshire and the West Midlands turning out to compete.
Ruth James, associate solicitor, had a successful day on Sunday 29 January competing at the Stourport Head of the River race as a member of the womens eight from Ironbridge Rowing Club. Ruths crew coped with the freezing conditions on the water and cruised to victory in both the morning and afternoon divisions. Ruth, who rows at number seven seat, commented: It was difficult to keep warm sat waiting for the race to start, but rowing a 4,500 metre course soon warms you up! We were pleased with our win in the morning but were thrilled to win again in a higher category in the afternoon - a clean sweep for Ironbridge!
Meanwhile, partner and head of the team Richard Murrall is well into a training schedule preparing for his forthcoming coast-to-coast bike ride challenge which he intends to complete in May. Richard spent Sunday out on his bike in the cold and fog covering a 32 mile training circuit through the West Midlands. He said: I am conscious that cycling coast-to-coast in three days will be tough, so Im very aware that there is still much work to be done.]]></description>
<category><![CDATA[Lanyon Bowdler News]]></category>
<pubDate>Thu, 02 Feb 2012 10:47:24 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/company-commercial-team-compete-in-the-cold-364/</guid>
</item>
<item>
<title><![CDATA[Court Clerk Pleads Guilty of Bribery]]></title>
<link>http://blog.lblaw.co.uk/court-clerk-pleads-guilty-of-bribery-331/</link>
<description><![CDATA[
Following on from employment seminars hosted by Lanyon Bowdler earlier this year, both myself and Richard Murrall promised to update delegates on any successful prosecutions under the new Bribery Act, which came into force a few months ago. I can now confirm that Munir Yakub Patel, a court clerk at Redbridge Magistrates Court, pleaded Guilty at Southwark Crown Court on Friday 14 October 2011 to using his position as a clerk to avoid putting details of a traffic summons on a court database, in exchange for 500.He admitted one count of bribery and one count of misconduct in a public office, after being caught on film by a national newspaper in August.His case has now been adjourned for pre-sentence reports to be prepared, and he will be sentenced on Friday 11 November following which I will update you further. The maximum sentence for an offence under the Bribery Act is 10 years imprisonment. If you wish to discuss any aspect of the Act further then please contact Richard Murrall or myself on 01952 291222 or email richard.murrall@lblaw.co.uk or stephen.scully@lblaw.co.uk. 
]]></description>
<category><![CDATA[Criminal Law]]></category>
<pubDate>Mon, 17 Oct 2011 11:29:04 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/court-clerk-pleads-guilty-of-bribery-331/</guid>
</item>
<item>
<title><![CDATA[Bribery Act 2010 - Employers Need to Take Action]]></title>
<link>http://blog.lblaw.co.uk/bribery-act-2010-employers-need-to-take-action-327/</link>
<description><![CDATA[
On 1 July 2011 the Bribery Act 2010 came into force. The Act extends the crime of bribery to cover all private sector transactions, as previously only bribery involving public officials and agents were offences, the Act has created a new strict liability offence where commercial organisations have failed to prevent bribery where a bribe has been paid, or received, by an employee, agent and/or other persons connected with an organisation.The potential consequences for failing to comply with the Act include unlimited fines for companies and individuals, as well as prison sentences of up to 10 years for the latter. However, provided a commercial organisation can show that adequate procedures have been put in place to prevent bribery, this will provide a defence where an employee, agent or other person connected with an organisation has committed an offence under the Act. Therefore, businesses would be well advised to ensure such adequate procedures are in place.The Ministry of Justice has published guidance on what an adequate procedure may involve. Businesses should conduct a risk assessment in order to establish the extent of their exposure to bribery, as the extent of the procedures, that will be considered to be adequate, will depend upon the extent of the exposure. For example, organisations that are involved in dealings with foreign countries, where there are known to be high levels of corruption, will need to ensure they have particularly stringent procedures in place. Transparency International has published an index which details the levels of corruption in each country. Countries scoring the highest include Iraq, Somalia, Sudan and Afghanistan, with Italy and Greece scoring the highest out of the EU countries, although all countries in the world have been noted to have some level of corruption. Similarly, organisations that are involved in complex projects which include a number of different contractors, such as in the construction industry, will need to have detailed anti-bribery procedures. However, organisations that do not fall within the high risk categories should not presume they are not at risk, and therefore no procedures at all are required. We have recently conducted seminars on the Act and an example of bribery that is allegedly not uncommon is for persons in the funeral industry to pay individuals within care homes for information relating to the death of residents within the home, so funeral directors can secure work. Such a practice would be an offence under the Act, and this is a useful example of an industry that, although seemingly low-risk, could still fall foul of the Act.Recommended steps include that businesses shall introduce anti-bribery policies into the workplace, and incorporate anti-bribery provisions into terms of business and any other contracts with third parties. It may be appropriate, when introducing an anti-bribery policy or related terms, and thereafter from time to time, to provide training to staff to ensure they are aware of the provisions of the Act, and the implications of any breach of it. An anti-bribery officer should also be appointed, who should be either someone at board level or a senior employee reporting to the board. Lanyon Bowdler provide advice and assistance with conducting risk assessments and/or formulating and implementing adequate procedures in respect of the Bribery Act. We are able to provide commercial organisations with an anti-bribery policy, together with guidance on the same, for a fixed fee of 100 plus VAT, and half-day training sessions on the Act for employees at a cost of 500 plus VAT. Please contact Bethan Jones on 01952 291222 or email bethan.jones@lblaw.co.uk for more information. 
]]></description>
<category><![CDATA[Employment Law]]></category>
<pubDate>Fri, 30 Sep 2011 11:15:13 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/bribery-act-2010-employers-need-to-take-action-327/</guid>
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<title><![CDATA[Proud Evening at the Young Enterprise Awards Event]]></title>
<link>http://blog.lblaw.co.uk/proud-evening-at-the-young-enterprise-awards-event-290/</link>
<description><![CDATA[
On Wednesday 11 May 2011, I proudly attended the Young Enterprise Awards evening being held at Greenhous Meadow Stadium, Shrewsbury. From September each year students in Shropshire, aged between 15 and 19, take part in the Young Enterprise Company Programme.  The students join into groups and each team establishes a business. The companies trade throughout the academic year and this event is the culmination of the students hard work and a celebration of their achievements. I have been a volunteer business adviser to Just4U!, a company formed by Idsall School students, but have occasionally sat in on the board meetings of Quickfire and Threads, two other Idsall School companies.The event was a very inspirational evening. Attending on the night were the Young Enterprise companies who were competing to represent Shropshire in the West Midlands Finals in June, together with sponsors and guests from the local business community.Prior to the Celebration of Achievement Dinner, I had the opportunity to meet with students from other schools at a mini trade fair. Then, following dinner, there were a series of live presentations showcasing the company programme journey for 2010/2011. Several awards, one of which was sponsored by Lanyon Bowdler, were presented throughout the evening.  
   
  I am pleased to say that Quickfire received the award for Best Financial Management, Just4U! was nominated for the award for True Grit and Threads were nominated for the award for Best Financial Management. The co-ordinating teacher at Idsall School, Gareth Morgan, won the award for Best Link Teacher.The Young Enterprise Company Programme is now drawing to a close for this academic year and this week the students are holding their final board meetings to determine how the corporation tax and VAT will be paid and remaining profits (if any!) split between them: a harsh lesson in the realities of running your own business. I have thoroughly enjoyed my time as a business adviser and hope to assist some eager young entrepreneurs again in September.  
]]></description>
<category><![CDATA[Corporate & Commercial Law]]></category>
<pubDate>Wed, 18 May 2011 09:13:55 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/proud-evening-at-the-young-enterprise-awards-event-290/</guid>
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<title><![CDATA[Brian Evans Answers Questions About Mediation]]></title>
<link>http://blog.lblaw.co.uk/brian-evans-answers-questions-about-mediation-272/</link>
<description><![CDATA[
Brian Evans, head of Dispute Resolution is a qualified mediator. He answers our questions about what mediation is all about. 
What is mediation? 
Mediation is a way of resolving disputes without going to court. The parties agree to appoint a neutral person (mediator) to help them negotiate. Mediation offers the parties to a dispute the possibility of resolving their differences and reaching a solution of their own choosing. It is one of a range of different dispute resolution techniques, together with others such as arbitration, adjudication, expert determination, early neutral evaluation, which are often collectively referred to as alternative dispute resolution. 
Why mediate? 
Mediation offers a real opportunity to resolve a dispute quickly and in more creative ways than would be possible through litigation.  
Where the dispute is between parties who want to retain a relationship in the future (whether that is a business relationship, a relationship between employer and employee, between neighbours or other personal relationships) mediation is also far more likely to help maintain or salvage that relationship than litigation. 
The rules of court actively require the parties to consider whether some form of alternative dispute resolution procedure would be more suitable than litigation and the parties can be required by the court to provide evidence that alternative means of resolving their dispute were considered. The courts take the view that litigation should be a last resort.   
The Court of Appeal has stated that, although parties cannot be forced to go to mediation, the successful party can be deprived of some, or even all, of its costs if it has unreasonably refused to mediate.   
How does it work? 
The mediator meets with the parties (and their representatives if they have them). Usually this will start with a joint meeting where all parties are able to have their say in front of the others. Normally, a series of private meetings are held with each party, and further joint meetings as appropriate, to clarify the issues, challenge the parties, help them to test the strength of their cases, find common ground between them, and discuss settlement. Typically, all these meetings are held on the same day. Depending on the amount in dispute, and the issues involved, the mediation might last from 2-3 hours, up to a full day. In very large cases, more than one day might be required. 
Because the mediator is neutral, he/she may be in a much better position to help the parties focus on the real issues, assess their case realistically, work through the emotions which might be involved in the case, help the parties settle without losing face, and help to suggest new areas in which to explore settlement.   
Will the mediator tell me if I will win at court? 
The mediators job is to work with the parties to try to help them to reach their own agreement. It is not his/her role to advise either party about the merits of their case. 
Can the mediator impose a settlement? 
No! Mediation is a voluntary process whereby the parties are assisted in agreeing their own resolution.  The mediator cannot impose a settlement. Any party is free to leave at any time.  However, the mediator will try hard to persuade the parties to continue negotiating as long as he/she continues to believe that settlement is possible. If the parties do reach an agreement at the mediation, that will form a binding contract between the parties which can be enforced in court (though usually only when that agreement has been set out in writing and signed by the parties). 
Is mediation confidential? 
Yes! Anything said in a mediation cannot be referred to in court if the dispute does not settle. This means that mediation is a safe environment within which the parties are free to discuss things and explore options without prejudicing their legal position.   
In addition, throughout the mediation, the mediator cannot disclose anything said to him/her in a private session to the other party unless authorised by that party to do so.  
Does mediation work? 
Over 70% of cases referred to the leading UK mediation service settle. In the event that mediation does not completely resolve the issues, the parties to a dispute still have all avenues of dispute resolution open to them, and mediation will usually have narrowed the issues, meaning that the costs of litigating are often reduced. 
How do I find out more? 
To find out if mediation would be suitable for your dispute, please contact Brian Evans on 01952 211006 or post a query to our website by following this link.]]></description>
<category><![CDATA[Dispute Resolution]]></category>
<pubDate>Wed, 02 Mar 2011 12:44:05 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/brian-evans-answers-questions-about-mediation-272/</guid>
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<item>
<title><![CDATA[Corporate Governance]]></title>
<link>http://blog.lblaw.co.uk/corporate-governance-264/</link>
<description><![CDATA[
Quoting http://www.lexology.com.  In November 2010, the Institute of Directors (loD) and the European Confederation of Directors Associations (ecoDa) published Corporate Governance Guidance and Principles for Unlisted Companies in the UK.  The UK Guidance is based on pan-European guidance published by ecoDa in March 2010.  The Guidance is applicable on a voluntary basis and is intended to provide practical advice to unlisted UK companies (such as founder and family-owned businesses) that wish to establish an effective corporate governance framework.  The Guidance sets out 14 principles of good governance for unlisted UK companies taking into account the size, complexity and level of maturity of individual businesses.  As head of Lanyon Bowdlers Company/Commercial Department, I have studied the Guidance in some depth, and can sumarise the key principles as follows:Principle 1: Shareholders should establish an appropriate constitutional and governance framework for their company.Principle 2: Every company should strive to establish an effective board, which is collectively responsible for the long term success of the company, including the definition of the corporate strategy.Principle 3: The size and composition of the board should reflect the scale and complexity of the companys activities.Principle 4: The board should meet sufficiently regularly to discharge its duties and be supplied in a timely manner with appropriate information.Principle 5: Levels of remuneration should be sufficient to attract, retain, and motivate executives and non executives of the quality required to run the company successfully.Principle 6: The board is responsible for risk oversight and should maintain a sound system of internal control to safeguard shareholders investment and the companys assets.Principle 7: There should be a dialogue between the board and the shareholders based on the mutual understanding of objectives.   The board as a whole has responsibility for ensuring that a satisfactory dialogue between shareholders takes place.   The board should not forget that all shareholders have to be treated equally.   Principle 8: All directors should receive induction on joining the board and should regularly up date and refresh their skills and knowledge.Principle 9: Family controlled companies should establish family governance mechanisms that promote coordination and mutual understanding amongst family members, as well as organising a relationship between family governance and corporate governance.Principle 10: There should be a clear division of responsibilities at the head of the company between the running of the board and the running of the companys business.    No one individual should have unfettered powers of decision.Principle 11: Board structures vary according to business requirements and business norms.   However, all boards should contain directors with a sufficient mix of competencies and experiences.   No single person (or small group of individuals) should dominant the boards decision making.Principle 12: The board should establish appropriate board committees in order to allow a more effective discharge of its duties.Principle 13: The board should undertake a periodic appraisal of its own performance and that of each individual director.Principle 14: The board should present a balanced and understandable assessment of the companys position and prospects for external shareholders and establish a suitable programme of stakeholder engagement.For more information or a copy of the Guidance you can contact me on 01952 211046 (email richard.murrall@lblaw.co.uk) or contact Ruth James on 01952 211008 (email ruth.james@lblaw.co.uk). 
]]></description>
<category><![CDATA[Corporate & Commercial Law]]></category>
<pubDate>Fri, 04 Feb 2011 13:56:15 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/corporate-governance-264/</guid>
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<title><![CDATA[HMRC to Target Small and Medium Sized Enterprises in 2011]]></title>
<link>http://blog.lblaw.co.uk/hmrc-to-target-small-and-medium-sized-enterprises-in-2011-257/</link>
<description><![CDATA[
HM Revenue and Customs have such serious concerns over the quality of record keeping by small and medium sized enterprises that they are planning a programme of Business Record Checks (BRCs) to commence in 2011.
They have recently published a consultation document seeking opinion on how the program should be implemented and how it can be made most effective.
Concerns and objectives
HMRCs current policy of random enquiries indicates that poor record keeping is a problem in approximately 40% (around 2 million) of all SME cases, and research indicates that this generally leads to a loss of tax on an annual basis.
As a result HMRC have announced, in their consultation paper, that they intend to use their existing powers to check business records in up to 50,000 cases annually starting in the second part of this year.
They will impose penalties for significant failures with the aim of improving record keeping across the SME population and reducing the tax loss to the Exchequer.
The Benefits
If you are a business owner dont be alarmed (!) as HMRC list the following Customer Benefits of the BRC Scheme:
 The opportunity during a record check for customers to ask questions and seek clarity about their record keeping obligations. A reduced likelihood of a future enquiry for those seen to be complying Improved financial management (eg keeping better track of debts and debtors) leading to  Improved chances of business success (!)
The Consequences
The law provides that those who fail to comply with record keeping obligations are liable to a penalty not exceeding 3,000.   HMRCs policy to date, however, has been that this penalty should only be imposed in the most serious cases.
A large part of the consultation document seeks views on the minimum level of penalty to encourage improved record keeping and the efficiency of this as a lever to change behaviour.
HMRC clearly have high hopes for this new initiative as they aim to bring in 600m over the next four years.
If you do not want to find yourself contributing to this latest money spinner, have any particular concerns or would like more information regarding record keeping obligations please contact Richard Murrall on  01952 211046 or email richard.murrall@lblaw.co.uk or Ruth James on 01952 211008 or email ruth.james@lblaw.co.uk.
]]></description>
<category><![CDATA[Corporate & Commercial Law]]></category>
<pubDate>Tue, 11 Jan 2011 12:58:28 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/hmrc-to-target-small-and-medium-sized-enterprises-in-2011-257/</guid>
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<title><![CDATA[How to go about applying for a Training Contract at Lanyon Bowdler]]></title>
<link>http://blog.lblaw.co.uk/how-to-go-about-applying-for-a-training-contract-at-lanyon-bowdler-256/</link>
<description><![CDATA[
We are now approaching the time of year when the deadline closes for applications for training contracts. Training partner Colin Spanner and current trainees Lynsey Cater and Louise Howard answer questions on what Lanyon Bowdler look for in a trainee and what to expect.
Why Lanyon Bowdler?
As a firm Lanyon Bowdler is modern and very client focused. The firm provides a full range of legal advice throughout Shropshire and Herefordshire, as well as nationally. Having previously been winners of Lawcareers.Nets Trainee Solicitor Award for Best Recruiter  Small Firm in 2009 (also winner in 2004 and nominated 2007 & 2008), the firm was nominated in the Best Trainer category of these awards in 2010.
The firm is recognised as Investors in People and our commitment to training and development was acknowledged in 2009 when we won the Training Award at the Midlands Business Awards. 2010 also saw us win the Law Firm of the Year (5 - 15 partners) at the Birmingham Law Society Legal Awards.
How many trainees do you take on?
At Lanyon Bowdler the policy is to offer two training contracts each year. As a training contract lasts two years, we therefore have four trainees at any one time, with two joining in September each year.
How many applications do you receive?
Each year we are inundated with applications for training contracts. This is especially so as not many local firms regularly take on trainees. This year we received 270 applications for a contract in 2011.
When is the closing date?
All positions for 2011 have now been filled. Applications for 2012 need to be submitted by 31 January 2011.
What do you look for in potential trainees?
To begin with, good academic records, and not just at degree level. We look back as far as GCSEs and A Levels. It is also important that a potential candidate is local to the area, or has connections with it, as we do like to retain our trainees. Hobbies and interests are also of relevance, as someone who has taken a year out or done some voluntary work shows that they have made the extra effort  this may give them an advantage over someone with identical qualifications.
What areas of law do trainees have seats in?
Trainees usually spend six months in a department so that over the contract period they gain experience in four areas of work, one of which will be contentious. Lanyon Bowdler has a wide range of legal departments and where possible, trainees are given a choice of seats.
What can I expect if I am invited to interview?
Lynsey Cater said when I was interviewed there was a two stage process but no presentation. I was asked questions which were aimed at the particular stage I was at and what I was studying at the time.
Louise Howards experience was a first general interview which included talking about the details on my CV, (I was so nervous I couldnt remember what A-Levels I had done and had to be prompted), and legal questions. The questions were tailored to the stage of my training, for example I hadnt yet completed the LPC so they concentrated on areas of law I would have covered on the CPE. The second interview included questions on current affairs where the interviewers clearly wanted to hear you talk and see how you reasoned about a particular situation.
What can I expect if I am offered a Training Contract?
The SRA requirement is that once a training contract has started, the trainee needs to keep a training record which must be completed throughout the two year period and submitted to the training principal at the end. It should record all the tasks completed whilst being a trainee and includes information such as  who the task was completed for, what the task was, what skills were used and what was learnt from it. 
There are also the compulsory modules of the Professional Skills Course to complete. These cover client care, finance and business skills, advocacy and communication. There are a further four elective modules which you chose according to what areas of law you are interested in.and just when you think all exams are over, theres a finance exam!
What happens then?
Lanyon Bowdler has an excellent record of retaining its trainees. The range of areas of law covered by the firm offers great opportunities for those wishing to train in law.
Lynsey Cater is now a fully qualified solicitor and working in Lanyon Bowdlers Commercial Property Department and Louise Howard is currently in her last seat and due to complete her training contract in September 2011.]]></description>
<category><![CDATA[Lanyon Bowdler News]]></category>
<pubDate>Tue, 11 Jan 2011 11:50:18 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/how-to-go-about-applying-for-a-training-contract-at-lanyon-bowdler-256/</guid>
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<title><![CDATA[Lanyon Bowdler Shows Commitment to Argiculture at Bridgnorth Market]]></title>
<link>http://blog.lblaw.co.uk/lanyon-bowdler-shows-commitment-to-argiculture-at-bridgnorth-market-248/</link>
<description><![CDATA[
On the 7 December, with trees covered in frost, ice covered roads and amongst stunning winter scenery, Susan Shanahan and I attended Bridgnorth Christmas Livestock Market, where farmers braved the freezing conditions to come and buy and sell fat stock.
There was a truly festive atmosphere as Nock Deighton provided pastries, mince pies and sandwiches to the farmers, creating a social and almost party-like feel to the proceedings.
With the kind permission of Nock Deighton, Susan and I manned a stand for Lanyon Bowdler, offering information and the opportunity to sign up for our free legal updates  not to mention the opportunity to win a bottle of Glenmorangie (just the ticket with the temperature nowhere near even 0!).

With our focus firmly on showing Lanyons commitment to the farming community, we chatted with those attending, confirming all the areas of law we could help them with should they ever need it, and providing them with contact details where there was any specific need. 
With specific expertise in agricultural law, Lanyon Bowdler provide an invaluable and professional resource to the agricultural community, bearing the stamp of approval of the National Farmers Union by being the selected panel firm for them in Shropshire, Staffordshire and Herefordshire.
A bit more information on the market coming up;Bridgnorth Livestock Market is a modern covered facility conveniently situated on the A458 Bridgnorth to Shrewsbury road.  They hold weekly auctions of prime stock and see stock levels of 400 cattle and 2000 sheep regularly.]]></description>
<category><![CDATA[Agriculture]]></category>
<pubDate>Thu, 09 Dec 2010 00:00:00 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/lanyon-bowdler-shows-commitment-to-argiculture-at-bridgnorth-market-248/</guid>
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<title><![CDATA[New Talent at Young Enterprise Scheme]]></title>
<link>http://blog.lblaw.co.uk/new-talent-at-young-enterprise-scheme-232/</link>
<description><![CDATA[
Keen to give young people a chance to experience the challenges and rewards of running their own business, I have again volunteered to be a business adviser to a Young Enterprise company.  
This involves attending the weekly board meetings held by the students who run the company to provide guidance and encouragement.  This years programme is being run at Idsall School near Shifnal, Shropshire,  and has had a really promising start.  Of the five Young Enterprise companies established by Idsall School this year, I am mentoring a company called Just4U! which has decided to make and sell personalised products.  The students are eager and talented, and Im certain they will make a real success of their company during the course of this academic year.  
Its such a delight to watch the students develop not just their understanding of business but also their personal and social skills in a business environment. 
 ]]></description>
<category><![CDATA[Debt Recovery]]></category>
<pubDate>Mon, 11 Oct 2010 11:07:40 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/new-talent-at-young-enterprise-scheme-232/</guid>
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