Howell-Jones Law News Articles

Howell Jones' lawyers are forming a team for a London to Edinburgh 37 hour ride in aid of Orchid, fighting male cancer

A few of the male lawyers at Howell Jones have decided to try and make up a team who will ride between London and Edinburgh on 22nd and 23rd June. The 400 mile ride will be in aid of Orchid, a Charity fighting male cancer. More to come.......

Howell Jones' lawyers raise nearly £4,000 for St Raphael's Hospice

Howell Jones' lawyers, Jonathan Jacobs and Colin Thorpe, joined in St Raphael's 'Make a Will Fortnight' and managed to raise a staggering £4,000 for this great cause.

Howell Jones' staff raise more money for Jeans for Genes

Howell Jones' staff took part in another Jeans for Genes Day on Friday 7th October. The money raised has now been collected from all offices and donated. This adds to the money previously raised in support of this great cause. Well done team!

Another successful year for Cleves' Fireworks

We are pleased to report, as many in the local community will be aware, that Cleves' Fireworks was a huge success.

Spectators were welcomed with superb hot food and drink, a bank, fire jugglers and then a brilliant fireworks display.

We were again very proud to sponsor this event with all net profits benefitting the pupils who attend the School.

Fireworks night is upon us and Howell Jones proudly supports Cleves School Charity in Weybridge

Cleves School in Weybridge, Surrey is a thriving state primary School with bright and keen students from Walton-on-Thames, Weybridge and Hersham; therefore within the community of one of our offices Walton-on-Thames. We have always supported the local communities and charities in the areas in which we work.

Cleves School PTA is a registered Charity and runs an annual public fireworks display, whose total net profit is fed back into the school to enhance and support the education of its students.

We are, for our fourth year, very pleased and proud to jointly sponser the Fireworks with Curchods Estate Agents. One of our Partners, Andrew Petchey co-ordinated the event in 2008, 2009 and 2010. This year he is acting as a consultant to the organising committee. Curchods and ourselves are offering a "push the button" prize of a top of the range ipad2. Have a go and good luck!

See the Cleves School Fireworks' website to purchase tickets.

Successful breakfast club is launched!

This week saw the launch of the new Howell Jones Breakfast Club at Zio’s Restaurant in Walton-on-Thames.

The breakfast was well attended by businessmen and women from Walton-on-Thames and the surrounding area. The event provided an opportunity for local business people to get to know other professionals in the area.

Howell Jones would like to thank Zio’s Restaurant for their hospitality and special thanks to our speaker, Dominic Raab MP who spoke about a number of interesting, current topics and was also happy to take questions.

A representative from Ablefeet, a locally based business, was also proud to accept the business card draw prize of a bottle of Champagne.

Thank you to all those who attended who helped make the first breakfast a success.

The next event is due to take place in February 2012. If you would like further information, please contact Chloe Newton or Clare Joyson who will be pleased to send you further details.

Howell-Jones launch Breakfast Club in Walton-on-Thames

We are delighted to announce the launch of our breakfast club for local businesses.

Our breakfast club will provide attendees with a friendly and informal opportunity to get to know other local business people and professionals.

The launch event is taking place on Tuesday 18 October 2011 at Zios Restaurant in Walton-on-Thames. The speaker at the launch event will be Dominic Raab, the MP for Esher and Walton-on-Thames.

If you would like further information, please contact Chloe Newton or Clare Joyson who will be pleased to send you further details.

Government changes qualifying period for unfair dismissal claims.

The Government has announced that the qualifying period for the right to claim unfair dismissal will be extended from one to two years on 6 April 2012. The Government anticipates that this change could save £6 million a year for British business and reduce the number of Employment Tribunal claims.

The changes announced to the unfair dismissal rules follow a consultation on “Resolving Workplace Disputes” which was published in January this year.

For further employment news please see our monthly e-alerts and quarterly newsletters or contact Jo Cullen of our Employment Team.

Howell-Jones proud to sponsor Kingston Chamber of Commerce business breakfast

Howell-Jones were proud to sponsor a business breakfast for the Kingston Chamber this morning. The breakfast was very well attended and Howell-Jones would like to thank the Surbiton Flyer, and its owner Richard, for his hospitality, and all those businesses that attended to make it such a successful event.

Ministry of Justice confirms that referral fees in personal injury claims are to end

Those following our daily articles will know that we have been monitoring the Law Society's and other bodies' 'push' for the abolition of referral fees in personal injury claims. It has now been confirmed by the Ministry of Justice that such fees are to end. Justice Minister, Jonathan Djanogly made the point that referral fees were one of the causes of motor insurance premiums being so high and unfairly penalising good and innocent drivers in the UK. See our last article on 18th July 2011 and follow us for more news on this subject, not least the date on which the fees will be abolished.

Howell Jones support bright and talented students in the 'Top of Form' challenge

Howell Jones has for another consecutive year sponsored the superb 'Top of Form' Schools challenge. Please see the press clipping. As part of its charitable work, Howell Jones welcomes the opportunity to support and encourage bright and talented students from the local area. Well done to the winners.

The Bribery Act 2010 : are you ready?

The Act repeals the old offences of bribery and creates several new offences which carry a maximum penalty of ten years' imprisonment or an unlimited fine for which employees, directors and commercial organisations can be liable.

Employers will need to take steps to ensure that adequate policies and procedures are in place in order to rely on a statutory defence to a charge of failing to prevent bribery. To achieve this employers should review all contracts of employment or service contracts and policies and procedures to ensure compliance.

For further information please contact:

Jo Cullen of our Employment Team (jo.cullen@howell-jones.com); or

Nick Ball of our Commercial Team (nick.ball@howell-jones.com)

Howell-Jones suport Kingston Enterprise Partnership Day

We are once again proud to work in partnership with Kingston Chamber of Commerce and support its Enterprise Partnership Day. See our stand and talk to our lawyers at the event on Thursday 30th June at Kingston Workmen's Club and Institute, 25 Old London Road, KT2 6ND. 1100 hours to 1430 hours.

Leatherhead Property Forum a great success

We today hosted the latest Leatherhead Property Forum. It is growing is success and was very well attended. It was a super seminar on property investment and there was an extensive Q&A session followed by a busy networking session between property and finance professionals. Interested? Watch this site for details of the next Forum likely to be in October.

Taylor Willcocks becomes a division of Howell Jones

It made great sense. Two firms who shared the same client care ethos and who, if they joined forces, could offer clients a firm that had been (jointly) just under 150 years in practice, with lawyer experience of over 400 years, with its lawyers practising in seven teams and between six offices. They could create an exceptional law firm and so they did just that. On 20th May Taylor Willcocks became a division of Howell Jones.

How will the Budget 2011 affect you?

The key changes to personal taxation announced in the 2011 Budget on 23^rd March are as follows:

Income Tax

In 2011/12 the personal allowance for under 65s will be increased to £7,475 and the higher rate tax band will be reduced to £42,475
There is to be a consultation whether income tax and national insurance contributions should be merged

Capital Gains Tax

The 2011/12 annual exempt amount for individuals will be £10,600
From 6^th April 2011, the lifetime limit for Entrepreneurs relief will double to £10,000,000

Inheritance Tax

The nil rate band remains at £325,000 until 2014/15 inclusive.
There is to be a consultation before the summer 2011 concerning an inheritance tax reduction of 4% where a testator gives 10% or more of his/her net estate to charity

If you would like to discuss your personal tax matters please contact one of our solicitors in the Trusts and Estates Team.

Howell Jones' raise nearly £450 for Comic Relief in one lunchtime

It will be seen from our earlier article that two Partners, Jo Cullen and Juliet Petchey were going to provide home cooked lunch for all of Howell Jones' offices on Friday 18th March. The firm had offered to pay for the ingredients so that donations made by staff for their lunch, could go straight to Comic Relief. The venture was a huge success with the ladies raising, in one lunchtime, coming on for £450. Our congratulations to Jo and Juliet and our thanks to the staff for participating.

Howell Jones furthers its support of charity work by getting behind Red Nose Day

Howell Jones is proud to continue its support of the community and chosen charities by doing its 'bit' for Red Nose Day and Comic Relief.

Howell Jones' partners Juliet Petchey and Jo Cullen have been busy cooking for the past two weeks and will, on Friday 18th March, deliver banquets to each of Howell Jones' offices. Senior and Managing Partner, Keith Howell-Jones has pledged the firm's support to the project by agreeing to pay the cost the ingredients (and there is a lot of food!). In return, staff and those visiting will be invited to eat what they want, donate what they want, but as much as they can. Because the firm is covering the cost of the ingredients, this means that every penny raised from staff and others contributing will go straight to Comic Relief.

Keith Howell-Jones said "I am very happy and proud not only to support this initiative in aid of Comic Relief, but also of Jo and Juliet who have done so much to bring the whole project together. I take my hat off to them. I join Jo and Juliet, together with all of my other staff, in wishing the best of luck to such a great Charity.".

Howell Jones supports the Princess Alice Hospice make a will fortnight scheme running from 5th March 2011 to 19th March 2011.

Howell Jones agreed to 40 new will instructions for clients wanting to make a donation to the Princess Alice Hospice. This firm's contribution to the scheme has been the cost of the advice and documents prepared, which is in the region of £10,000. The clients have received the benefit of legal advice and preparation of their wills for their donation to the Princess Alice Hospice.

Howell Jones has supported the Princess Alice Hospice for many years and it is pleased to support the will fortnight scheme.

If you would like to make a will please contact the Private Client team on 01372 860 650

Samantha King, Solicitor

Howell-Jones celebrate 30 years in Raynes Park.

We are very proud to be celebrating the 30th anniversary of our Raynes Park office. Partner Jan Bolden, set down roots in the office all those years ago, and is now well respected in the area for the efficient and high quality conveyancing and property service that she and the rest of her team provides. We value our connection with agents, other businesses and most importantly are grateful to the many clients who have used our service. We aim to maintain our presence and continue to provide an outstanding service to both our existing and hopefully many new clients.

Howell-Jones' Partner, Andrew Petchey joins fellow lawyers, Judges, Lords and MP's in the Commons to celebrate ILEX success

On Wednesday 9th March Howell-Jones' Partner, Andrew Petchey joined other lawyers, Judges, Lords and MP's in the House of Commons. The celebration was on the Pavilion Terrace overlooking the Thames and was to celebrate the success of the Institute of Legal Executives, of which Andrew is a Fellow. ILEX has made tremendous inroads in the legal system in recent years and in particular, in the last two years, has seen over one hundred of its Fellows becoming Partners in law firms and the first of its Fellows to become a member of the judiciary. Andrew was very proud to join his friends and fellow professionals, who he has known for many years, in the celebration of ILEX's success and also toast to a bright future.

Court of Appeal makes clear the importance of risk assessments.

The Court of Appeal has made clear the importance of having risk assessments and why Courts must pay heed to these in appropriate cases. See our full articles by clicking here.

Howell-Jones working in partnership with Princess Alice Hospice on will writing

We are proud to be working in partnership with the Princess Alice Hospice, Esher in offering, during the period 05/03/11 to 19/03/11, to write wills for a donation to the PA Hospice. Each of our private client lawyers has agreed to write ten standard or mirror wills on the basis that we waive our charges with the client making a donation to the PA Hospice instead. We are proud to be working with the PA Hospice on this project and sincerely hope that it will emphasise the valuable work that they undertake.

If you are interested in taking advantage of this scheme, or just wish to consider making or changing a will in any event, please feel free to contact our Private Client Team. Click here for more detals.

Plastic Surgeon Sued by Businesswoman

It has been widely reported in the media this week that a businesswoman is suing her plastic surgeon after her facelift surgery went wrong.

The Legal and Medical Magazine has reported that the businesswoman suffered nerve damage to the right side of her face and she claims that her plastic surgeon carried out experimental surgery during her surgery.

The plastic surgeon has admitted liability but does not accept the surgery was experimental. He also disputes the amounts claimed by the businesswoman. It has been reported that the businesswoman claims the results of the surgery led to her IT consultancy business going into administration and she is claiming for this loss.

If you have suffered an injury or illness following a cosmetic surgery procedure, contact our Personal Injury and Clinical Negligence Team today. We have years of experience in these type of claims and deal with cases in a highly professional and sensitive manner.

Woman Successfully Sues Care Home

The Legal and Medical Magazine has reported that a disabled woman has successfully sued a Care Home after she suffered severe burns while in their care.

The woman suffers from Retts Syndrome and had lived in residential care for most of her life. In August 2002 care workers lowered her into a scalding bath. She was distressed but the care workers mistakenly thought she was suffering from an epileptic fit.

She suffered burns to 40% of her body surface. Before the accident, her condition was well-controlled with medication and she lead an enjoyable and active life. As a result of the accident she has suffered psychiatric injury and her mobility has been lost.

If you or a family member has been injured during a stay in a nursing or care home or in Hospital, you may be entitled to compensation. Contact our Personal Injury and Clinical Negligence team today for a telephone conversation or a free, preliminary meeting.

We have many years of experience in dealing with negligent care claims and deal with claims in a sensitive and caring manner.

Rail Workers Fail to Report Injuries

The Metro Newspaper recently reported that rail workers have not reported injuries they have suffered at work because they are afraid to do so or feel under pressure from their employers.

A report by the Rail Safety and Standards Board found that between 500 and 600 injuries might not have been reported between 2005 and 2010.

Employees have a right to go to work and return home without having suffered an injury. The rail workers who have not reported their injuries may be entitled to compensation.

Our Personal Injury team have many years of experience dealing with accident at work claims. If you have had an accident at work and would like to make a claim, contact our Personal Injury team today for a telephone conversation or a free, preliminary meeting.

Road Traffic Claims - choosing your own lawyer

We frequently receive enquiries from clients who have been referred to a specific firm of solicitors by their insurance company. Often the firms of solicitors are not local and the client will not have the opportunity to meet their lawyer.

Clients are often told that they have to use their insurance company’s panel solicitors in order to benefit from their legal expenses insurance.

Under European law, in road traffic accident claims, the insured person is free to choose such lawyer as they wish.

We have years of experience in these type of claims and offer a highly professional and efficient service.

If you have been injured in a road traffic accident, whether you were a driver, passenger, pedestrian or cyclist, contact our Personal Injury team today for a telephone conversation or a free, preliminary meeting.

Nursing Homes Fined for Negligent Care of Residents

The Legal and Medical Magazine has reported that two nursing homes have been successfully prosecuted by the Health and Safety Executive.

A nursing home in Liverpool received a fine of £18,000 and was ordered to pay nearly £14,000 in costs after an 81 year old female resident fell to the floor as she was being lifted out of bed in a sling. The woman suffered a broken shoulder and injuries to her elbow and back. Sadly, she died in hospital the following day.

A nursing home in Birmingham received a fine of £150,000 and was ordered to pay the same amount in costs after a 74 year old female resident was strangled to death by the seat belt in a wheelchair. The company running the home admitted not ensuring the home’s residents were safe.

If you or a family member has been injured during a stay in a nursing or care home or in hospital, you may be entitled to compensation. Contact our Personal Injury and Clinical Negligence team today for a telephone conversation or a free, preliminary meeting.

We have many years of experience in dealing with negligent care claims and deal with claims in a sensitive and caring manner.

Health and Safety Executive Investigating

The Independent has reported that the Health and Safety Executive (HSE) and the police are investigating the tragic death of four workers. Reports suggest that the workers were killed after a steel structure collapsed on them during the course of their work.

The HSE are an independent regulator. They act in the public interest to reduce workplace injuries and deaths at work. HSE investigations can lead to prosecution of employers.

This tragedy highlights the importance of workplace regulations which employers must follow to help prevent accidents at work.

If you or a member of your family has been injured as a result of an accident at work, contact our Personal Injury team today for a telephone conversation or a free, preliminary meeting.

Personal Protective Equipment at Work

The recent Court of Appeal decision of Threlfall v Hull City Council [2010] highlights the importance of risk assessments in the workplace.

Under the Personal Protective Equipment Regulations 1992 employers have a duty to provide suitable personal protective equipment (PPE) to employees who may be exposed to a risk to their health or safety while at work.

To comply with the Regulations, employers must carry out risk assessments to identify the risks to the health or safety of their employees.

If there is a risk of injury, employers must decide whether the risk can be avoided by other means. If the risk cannot be avoided, the employer must provide suitable PPE.

In assessing the suitability of the PPE, the Court of Appeal held that employers must ask whether the proposed PPE prevents or adequately controls the identified risk of injury. The effectiveness of the PPE will help determine whether it is suitable.

We recently recovered compensation for one of our clients who was not provided with suitable eye protection by their employer and sustained a nasty eye injury as a result.

If you have been injured at work as a result of your employer’s failure to provide suitable personal protective equipment you may be entitled to compensation.

Our Personal Injury team have many years of experience in dealing with claims for clients who have been injured at work. If you have had an accident at work and would like to make a claim, contact our Personal Injury team today for a telephone conversation or a free, preliminary meeting.

Working at Height

We were all shocked to hear of the death of Nigel Pargeter in “The Archers”. Nigel fell from an icy roof when he was helping his brother-in-law, David Archer remove a Happy New Year banner.

If Nigel has been employed and was removing the banner during the course of his employment, his employer may have been responsible.

The Work at Height Regulations 2005 impose a number of obligations on employers in respect of working at height.

For example, employers must remove the need to work at height if at all practicable.

The recent Court of Appeal decision of Bhatt v Fontain Motors Limited made it clear that if an employee is injured while working at height and the employer fails to show that work at height could not have been avoided, they will be liable to pay compensation.

If you have been injured at work, while working at height, you may be entitled to compensation.

Our Personal Injury team members have many years of experience dealing with claims for clients who have been injured while working at height. If you have had an accident at work and would like to make a claim, contact our Personal Injury team today for a telephone conversation or a free, preliminary meeting.

E-Coli Outbreak – Farm will not dispute Liability

It has been widely reported in the media this week that Godstone Farm, near Redhill, Surrey will not be disputing liability for personal injury claims following the E—Coli outbreak in August 2009.

BBC news reports that 93 people were infected and 76 of them were children under the age of 10.

The Telegraph reports that some of the people have been left with permanent damage to their kidneys.

If you or a member of your family has been affected by the E-Coli outbreak at Godstone Farm, contact our Personal Injury Team today for a telephone conversation or a free, preliminary meeting.

MHRA receives complaints about Implanon Contraceptive Implant

It has been widely reported in the media this morning that the Medicines and Healthcare Regulatory Agency (MHRA) has received complaints about the Implanon contraceptive implant.

Channel 4 News reports that 584 women have reported an unwanted pregnancy to the MHRA after having the contraceptive implant Implanon inserted into their arms. They also report that the MHRA has received a total of 1607 complaints about problems associated with the Implanon device including scarring.

BBC News reports that unwanted pregnancies may occur if the implant is incorrectly inserted.

Some women who have been adversely affected by the Implanon device have made successful clinical negligence claims.

If you have been affected by an Implanon contraceptive implant, either by an unwanted pregnancy or an injury, contact our Personal Injury and Clinical Negligence team today for a telephone conversation or a free, preliminary meeting.

Our team are experienced in clinical negligence claims and deal with claims in a sensitive and caring manner.

Howell-Jones wish their clients a happy New Year. If selling property, be mindful of the contract with your agent!

We wish our clients a happy and prosperous New Year.

If selling a property, we encourage you to be mindful of your contract with your agent(s). In the case Nicholas Prestige Homes -v- Sally Neal - Court of Appeal, 1 December 2010

Ms Neal instructed Nicholas Prestige ("NP") and another agent in November on a joint agency basis, but agreed that from 1 January, NP would be instructed on a sole agency basis with Ms Neal de-instructing all other agents. In January a purchaser approached Ms Neal through an agent other than NP (but one who had originally been instructed and marketed the property on a joint agency basis) and a sale was concluded. Ms Neal paid the agent who secured the sale but refused to pay NP. It was found that Ms Neal was responsible to NP in damages for breach of contract representing NP's lost commission on the sale. It was found that the lost commission amounted to £10,883.

The Equality Act 2010

The Equality Act 2010 has harmonised discrimination legislation and brought into effect some significant changes that all employers should be aware of. See our employment page, which also has a link to an article on the Act.

Howell-Jones working in partnership with Eagle and County Sound Radio.

Our Personal Injury and Clinical Negligence Team are proud to be working on a new project with local Surrey and Hampshire radio stations, Eagle and County Sound. Hear them now on 96.4 FM and 1566 MW. Also see our personal injury and clinical negligence pages, or if you have a claim you wish us to consider, click here to go straight to our online contact form.

How to choose a good conveyancing solicitor

With so many to choose from, it seems bewildering! Surely I will get the same service from all of them! Not necessarily!

Most people go on personal recommendation from an estate agent. If that is the case, there are 2 very important questions you need to ask:

Are you paying a referral fee for my instructions? (This is a fee – often as much as £300! - some solicitors pay to estate agents to have clients referred to them). If there is such an arrangement, you will come under pressure from the agent!
If so, how much is it and how are you going to recoup that sum? Solicitors often effectively recoup such a fee from the client so that you end up paying a fee to have a solicitor you might not otherwise want acting for you!

You might like to view this link about referral fees. http://www.thisismoney.co.uk/mortgages-and-homes/mortgages-features/article.html?in_article_id=500770&in_page_id=58

If no referral fee is being paid, there are 3 things you need to know. Is the solicitor you are thinking of instructing:-

Accessible.

In other words, can I get hold of you during office hours to discuss my matter? Particularly as a matter approaches exchange of contracts, being able to get hold of the person dealing is very important indeed. Just logging onto a website or leaving a message can be very frustrating if you actually want to speak to a human being!

If you instruct Howell-Jones, we are available on direct lines and you can speak to the fee earner or an assistant whenever you need to during office hours.

Competent

Competency varies! This includes legal and practical competency and you need to know that the person dealing with your matter knows what they are doing.

If you instruct Howell-Jones, you will be instructing a fully qualified solicitor or a member of the Council for Licensed Conveyancers assisted by an experienced Assistant. We regularly share experience between ourselves and together have experience of virtually every problem that is likely to emerge

Competitive

Prices vary, but there is a minimum fee below which it is simply not viable to do the job properly without cutting corners, becoming inaccessible, or putting the client at risk! Sadly there are firms willing to do that.

If you instruct Howell-Jones, we are not likely to be the cheapest, but we will not be the most expensive. We try to balance cost with accessibility and competence and come up with a fair and competitive price.

Why not ring us and find out more?

Get your bad payers to pay your costs of recovery!

The age old problem. A customer or client does not pay and the debt is of fairly low value. Do you have the hassle of trying to recover it yourself, or instruct lawyers but with the prospect of not recovering their fees? Such problem can be extinguished with some forward thinking.

Your terms and conditions are the foundation of the agreement between you and the customer/client. There is absolutely no reason why they cannot provide that in a situation where the customer does not pay and you have to seek recovery against them, they will pay your legal fees of doing so (regardless of the size of the debt).

This kind of contractual term is supported by a recent Court decision. In Shaw v Nine Regions (heard in late 2009) a lender had to sue on a loan agreement. The agreement provided that if enforcement was necessary the borrower would pay the lender's costs. It was therefore a contractual term. The lender sued and because of the low value of the outstanding sum, the Court allocated the case to the Small Claims track in which, normally very limited costs are recoverable. The Judge found for the lender but made no order as to costs because the case was a small claim. The lender appealed. On appeal it was found that the Judge should have awarded costs in accordance with the contractual term and the mere fact that the case was a small claim did not affect this.

Therefore, as we always advise, get your contractual terms right and they can work wonders and afford you good protection.

Howell-Jones are a leading firm of solicitors in Surrey and have a number of lawyers who are proficient in drafting. Let them take the hassle out of it for them. They can draft your standard t&c's to take away a lot of your headaches!

Buying a Company or Business

Buying a Company or Business – preparation is the key !

Whether you are purchasing the shares of a company or the assets of a business, for even the most experienced of business people, it will be both an exciting and stressful time. There will be many things to consider to ensure that the transaction proceeds smoothly and to a successful conclusion. However, from our experience, one of the key factors is preparation and to seek good advice from an early stage.

The difficult economic circumstances have put many business deals on the back burner in recent times, but with signs that the economy might have “weathered the worst of the storm,” there are opportunities for businesses to be bought and sold. This article looks at some of the key factors which should be considered if you’re thinking of buying a business.

What are the key considerations ?

Funding

Once you have found the business you wish to purchase, the next question will be “how will the purchase be funded?” This might be by way of bank finance or, if you’re an already existing company purchasing a business, you might consider issuing more shares to fund the purchase.

Whichever route you take, it is important to seek help and advice early on by speaking with your bank and other business advisers, such as accountants and corporate financiers to assess which finance options are available to you.

Agreeing terms

Once the price and terms of the deal have been agreed it is quite usual for the buyer and seller of a company or business to produce what are called ‘heads of agreement’. In a nutshell, this document usually sets out the most fundamental aspects of the deal, such as, the purchase price for the business, what is or is not to be included in the sale and the likely timescales for when the deal will complete.

Although heads of agreement are a useful document for the buyer (and seller) of a business, it is important to bear in mind that they should not be drafted so as to form a binding contract between the parties. It is therefore advisable to seek advice from a lawyer as to what should or should not be said in any document of this kind to ensure that no binding agreement is created unintentionally.

Protecting information

Many sellers of a business will have sensitive information which they will want to protect until the business is sold. You might be a competitor for example, and the seller will want to ensure that you do not obtain information, which can be used to your advantage, should the deal not go through. Similarly, as a buyer of a business, you might want to ensure that you do not get bad press if you pull out of the purchase or you might want to ensure that the seller cannot try and sell the business to a third party, whilst the negotiations are taking place.

Some thought should be given to whether a confidentiality and lock-out agreement should be drawn up between the parties to ensure that these interests are legally protected and to give you peace of mind in your negotiations over the business purchase.

Assessing the business

One of the most important and time-consuming aspects of any business purchase is assessing exactly what it is you’re buying and identifying whether there are any hidden risks which you’re unaware of, which could cause you to pull out of the deal. This process is called ‘due diligence’ and should never be overlooked or underestimated.

The due diligence process is likely to involve both financial and legal aspects, looking at things like the business’ accounts, key contracts with customers, suppliers and staff, terms of leases to any properties from which the business operates and asking questions of the seller to ascertain exactly what you are purchasing. It is advisable that any potential buyer seeks the advice and assistance of a lawyer and accountant to help with this demanding task from an early stage, working closely with them, to help avoid any unforeseen circumstances arising at the last minute.

Managing your risk

At the heart of any business deal is the level of risk involved and how a buyer can be shielded from those risks. When buying a business warranties and indemnities are typically used when negotiating the purchase contract, which will try and limit the seller’s liability once he or she sells the business.

Any buyer should consider what the key risks for them in the deal are and with the help of their legal advisers, these risks can be negotiated and limited as far as possible, through the drafting of the sale and purchase documentation.

Developing the business

Once the purchase has completed and you are the new owner of the business, how the business will grow and develop in the future is in your hands. Thought should be giving to your plans going forward at an early stage and advice sought in relation to things like, terms and conditions of business and employment contracts for staff, to ensure that your business’ operations are legally compliant.

How can howell jones help you ?

howell jones’ business and commercial team have many years experience advising on business purchases, whether through the acquisition of shares in a company or the purchase of the assets of a business. We are well placed to guide you through the process of purchasing a business and help you meet your objectives.

We can:

Advise you on purchasing the assets of a business or the shares in a company

Carry out legal due diligence on the business you’re buying and report to you on our findings so you’re fully informed of the key issues involved

Prepare bespoke documentation such as, confidentiality and lock-out agreements, heads of agreement, assignments of leases and employment contracts

Negotiate and draw up the purchase documentation and help limit your risks as far as possible when the purchase is complete

Guide you through the whole process so that it is as smooth and stress-free as possible, working closely with other advisers such as, accountants and banks

Provide on going advice and support after completion to help your newly acquired business grow and develop

If you are thinking of buying the assets of a business or the shares of a company and would like to talk to us about your options, or you have another general company and commercial matter upon which you need expert advice, please contact a member of howell jones’ business and commercial team for a non-obligatory discussion.

Terms and conditions - why bother?

Trading During a Recession - Terms and Conditions of Business

Whether you are starting up a new business or have been in business for many years, it is easy to overlook relatively simple things like terms and conditions of business. However, having a clear and comprehensible set of terms and conditions of business has never been more important.

Given the difficult economic circumstances we have all been experiencing in recent months, now is the time to ensure that the terms upon which your company / business trade are legally binding and give your business the protection it requires in difficult trading conditions. There is nothing worse for a business than doing a good job and then not getting paid, so it is vital to ensure your business’ terms and conditions are right before you make a deal. This may seem obvious, but in our experience, it is surprising how many businesses either don’t have terms and conditions or have terms and conditions which prove to be ineffective because they were not incorporated at the time the contract was made.

Why should your business have terms and conditions ?

A well thought through set of terms and conditions of business should, at the very least, cover the most fundamental points of price, payment, delivery and set out provisions of how the contract can be terminated. Clearly setting out this information for your customers can help to prevent some of the problems encountered by many businesses during a recession, such as late payment and costly disputes with customers or suppliers. In the event of a dispute arising, having a good set of terms and conditions which work for your business and are legally enforceable, gives you peace of mind and could save your business money in the long term.

Other benefits of terms and conditions include:

Clear understanding by setting out what your customer is getting when they use your business and what you will do in return so that there are no surprises

Improved cash flow by including precise terms of payment so that customers pay promptly and in full

Peace of mind through knowing that your terms and conditions are legally compliant and enforceable

Reduce potential liabilities by limiting your business’ liability in certain circumstances

Risk management for example by including provisions that allow your business to suspend or terminate the contract if factors beyond your business’ control occur which prevent the contract being performed

How can howell jones help your business ?

howell jones’ business and commercial team have many years experience advising businesses and companies of all kinds across a wide range of business sectors. Our experience shows that time spent now preparing watertight terms and conditions for your business is time well spent, and in the long run could save you a great deal of expense. We are able to guide you on ways to improve your terms and conditions to put your company or business in a stronger position and help prevent costly disputes arising with your customers.

We can:

§ Produce a bespoke set of terms and conditions which meet your business’ needs; whether these are for goods or services and made with consumers, other business organisations or both

§ Review your company’s or business’ terms and conditions to ensure that they fully comply with current legislation and are legally enforceable

§ Guide you through the process of how and when a contract is formed so that you can ensure that your business trades on its terms and conditions as opposed to terms imposed by others

§ Advise you on how and in what circumstances you can exclude or limit your company’s or business’ liability when contracting with customers.

§ Ensure that your terms and conditions are in clear English and easy for your customers to understand.

If you are a director of a company or business owner and would like to discuss how we can help you with your business’ terms and conditions or another general company commercial matter, please contact a member of howell jones’ business and commercial team for a non-obligatory discussion.

Starting up and Running a Business - what does it involve?

Starting up and Running a Business – Options available and considerations

Starting up in business is an exciting but sometimes daunting prospect. For many new entrepreneurs there will be a number of things to consider before going to market with their product or service. There are numerous publications and texts on the subject. However, one of the most important decisions to make will be which structure should be used as a trading vehicle for the business.

There are a variety of forms of business organisation which a person or persons might choose to run their business and each have their own advantages and disadvantages, together with the level of complexity or regulation involved in setting them up. This article gives a brief overview of the more common types of business structures available to a new business start-up.

Types of business organisation

Sole Trader

A sole trader is probably the most simple and straightforward of business structures. The sole trader is, as its name suggests, a one person business. As a sole trader you might have employees working for you, but you are the owner of the business and will be responsible for the day-to-day business making decisions. You will also own the assets (plant, machinery, stock etc) of the business.

You will be self-employed as a sole trader and will be responsible for paying income tax on any profits made by the business.

A sole trader has unlimited liability. This means that if the business does well, you, as the owner of the business, will reap all the rewards financial and commercial. However, the nature of unlimited liability also means that you will be solely responsible for the debts and losses of the business. If things go badly with the business you could face bankruptcy and potentially lose your home and other personal possessions as a result.

Partnership

A partnership is, like a sole trader, a fairly flexible business structure in that there are no formalities required to set one up. The only condition is that there must be two or more persons going into business with a view to making a profit to form a partnership.

A partnership can be formed either orally or in writing. The owners of the business will be called ‘partners’ who will have a right to take part in the day-to-day management of the business. The assets of the business will be owned by the partnership (unless agreed otherwise) and, just like a sole trader, the partners will have unlimited liability.

Any profits of the business will be shared between the partners equally (unless agreed otherwise, for example, one partner might take a larger share of the profits if he has contributed more to the capital of the partnership or to reflect his level of seniority in the partnership). The partners will pay income tax on any profits made by the business. If trading does not go to plan and the business suffers a loss, the partners will be ‘jointly and severally’ liable for the partnership’s losses, with the risk that they could face bankruptcy and lose their personal possessions in just the same way as a sole trader.

Private Limited Company

A company, unlike a partnership, has limited liability which is a fundamental point with this type of business structure. This means that the owner(s) are only liable for the amount of money they have contributed to the business. In contrast to a partnership and sole trader, a company also has a separate legal identity within law, which means that the company exists in its own right and separate from the person or persons who set the company up.

There is a separation of ownership and control when running a company. The owners of the company will be called ‘shareholders’ whilst the people who are responsible for the day-to-day decision making of the business are called ‘directors’. This distinction can become blurred however, in small family run companies where the shareholders and directors are often the same people.

The assets of the business will be owned by the company and any contracts entered into by the company will be in its name as opposed to the names of the person or persons running the business.

The disadvantage of running a company however, is the increase in formality required in forming a company compared with running a partnership or sole trader. Companies are also exposed to more regulation for example; yearly accounts and other forms such as annual returns have to be filed with the Registrar of Companies in Cardiff (‘Companies House’). There are certain registration requirements which must be met before a company can be incorporated and registered as such at Companies House, including the need for a written agreement in the form of a Memorandum and Articles of Association, which set out how the company should be run.

It is also important to note that the accounts of a company and other documents filed at Companies House are publicly available, whereas they are private documents for a partnership or sole trader.

Limited Liability Partnership (‘LLP’)

An LLP is a form of hybrid business structure between a partnership and a limited company. It offers the protection of limited liability but the informality of a partnership.

What should I consider before setting up in business ?

When setting up in business one of the major considerations will be the risk involved and the potential scope to be shielded from that risk by limiting liability. It will also depend upon the costs involved in setting up the various different types of business structure.

However, by far the most significant factor in determining which business structure should be used to trade is the tax treatment of the different types of business structure. It is therefore highly recommended that before setting up in business one should speak to an accountant on the tax consequences of taking any particular route.

How can howell jones help you ?

howell jones’ business and commercial team are well versed in the various forms of business organisations and the key considerations which anyone thinking of starting a business should consider.

We can:

Advise you on the different types of business organisation available and which one might be suitable for your business needs

Guide you through the process of setting up in business and help you form a partnership, company or LLP

Produce bespoke documentation for your business such as, partnership agreements, Memorandum and Articles of Association for companies and other constitutional documents

Provide ongoing business advice as and when you require it to help your business grow and develop

If you are considering setting up a new business and want to discuss your options with us or you have another general company or commercial matter which you require expert advice, please contact a member of howell jones’ business and commercial team for a non-obligatory discussion.

New articles - various topics

A series of articles on a number of relevant legal topics can be found in the Library section of our site.

Please feel free to browse through these and if you have any questions, do not hesitate to contact the author or Lis Hughes, our Business Development Director, who will be delighted to talk to you.

New Debt Recovery Service launched

Howell Jones launches a new Debt Recovery Service combining its strong commercial litigation team with a deferred and risk free funding arrangement. The scheme does as it says on the leaflet, fights bad debts and increases cash flow.

Receiverships, administrations and company voluntary arrangements have rocketed by 65 per cent year-on-year, according to The Sunday Times, and the Insolvency Service also reported nearly 52 per cent increase in liquidations for the last quarter of 2008, compared with the same period in 2007. Many SMEs are suffering from the recession and late payments make matters worse and can destroy them by cutting off their cash flow.

As a result here at Howell Jones we have launched a new Commercial Debt Recovery Scheme to help companies fight bad debts and poor cash flow. The scheme is designed to be simple and user-friendly with fixed costs on a sliding scale, depending on the claim. The key benefits include:

• Recovery of debts with the fee only taken once the money is recovered
• The fixed fee includes insurance to protect against opponents’ costs
• Costs recovered may be used towards paying the fee
• The fee itself covers the case from beginning to end. The client knows from Day 1 precisely how much the recovery will cost.

Not only are we offering a no win no fee product, but we guarantee that cases are handled by Commercial Litigation Lawyers and not claims handlers. This means that the claim does not get stuck on a conveyor belt, but that recovery is made as quickly as possible with the lawyers not making idle threats.

The Scheme is managed by Andrew Petchey, who has been in litigation – often at the High Court and Court of Appeal in London – for nearly 20 years.

“There are no catches or hidden charges or penalties,” he says. “And just like other commercial litigation, the advice is pragmatic to get the best and most realistic deal for clients. Our approach is solid and no nonsense. If we say we will sue or wind up unless the debt is paid, that is precisely what we mean!”

Click here for a copy of the leaflet, or email your enquiry to debt@howell-jones.com

Surrey Schoolchildren Get on Their Bikes with howell jones Solicitors

Surrey schoolchildren in their hundreds are taking part in a new safe cycling project.

This is aimed at Year 6 pupils, aged 10 and 11, who are preparing to go to secondary school. The objective is to get them on their bikes and their parents off the road – in short, to increase fitness and reduce traffic pollution.

Surrey solicitors howell jones, who have offices in Leatherhead, Kingston, Walton-on-Thames, Raynes Park and Guildford, are sponsoring the programme with 2,500 high visibility safety jackets to wear on the road.

Throughout last week 10 children at St Peter’s did six hours of lessons before being assessed on Friday. “The main aim is to get them cycling safely,” said one of the two Surrey County Council instructors present, Aldith Bruty. “We also want to give them the knowledge and confidence to go out on the road.

“This gives them great exercise and freedom, and they’re very happy with their independence. It also gets them away from their PlayStations and TV!”

St Peter’s is one of 250 schools in the programme, and one of the pupils on the course, Neve, aged 10 was very positive. She said: “It’s quite fun as you know what to do and so you feel more confident about cycling on the road, and I’ll certainly be cycling to school from now on.”

Jo, also 10, added: “The most useful thing is learning to go across T-junctions. I couldn’t do that before and this has made me a lot more confident and independent.”

Head teacher Richard McKenzie said: “The Bikeability Programme is wonderful for the children’s self-esteem and confidence. It’s also healthy and road safety is critical for them. It’s great to be linked with howell jones solicitors and anyone supporting schoolchildren and road safety is to be welcomed.”

Lis Hughes, Business Development Director at howell jones, says: “We’re delighted to be sponsoring the Bikeability Programme with the high visibility jackets for three reasons. It’s fighting children’s obesity; it’s reducing traffic congestion and pollution, and, thirdly, it’s giving the children freedom and independence.”

Surrey Wildlife Trust: Trainees put to work

On a grey wet day early in July five of our trainee solicitors volunteered to spend a day getting their hands dirty clearing shrub and brambles for the Surrey Wildlife Trust.

They were preparing a six acre field on Brentmoor Heath, near Camberley for a new herd of rare Belted Gallaway cattle.

The volunteers from howell jones offices in Kingston, Walton-on-Thames and Guildford teamed up to help an SWT ranger prepare the ground for a three strand electric fence. This will keep the cattle in and marauding dogs out.

The full story, and some pictures, can be seen here.

Wrong Trousers Day: June 2008

On Friday 30th June 2008 staff in the Guildford office created and wore their wackiest Trousers to support Wrong Trousers Day, which raises money for sick children through the Wallace & Gromit’s Children’s Foundation.

The full story, and some pictures can be seen here.

Those of a nervous disposition be warned!

Two new Family articles published

Two new articles by Samantha Jago, one of our family lawyers, are now available on the site.

The first deals with the legal issues faced by single parent families, and the second looks at the increasingly common, but nonetheless risky, DIY Divorce.

Click the links below to open each article.

1. Single Parent Families

2. DIY Divorce - the hidden pitfalls

More information on Samantha Jago here.

Latest Family Team recruitment

Solicitor Samantha Jago joined the Guildford office on 9 April and is the first of our new Family Team based at this office.

Ruth Jaisingh (legal secretary) will be joining Sarah Cornes at the Kingston office later this month, and Robert Audino (solicitor) will start in the Walton office in early May.

Top Matrimonial Lawyer Calls on Millions to Protect Children and Save Crumbling Family Justice System

Surrey, 8th April 2008. One of Surrey’s most experienced matrimonial lawyers is calling on the government to spend millions to protect children in the spiralling number of divorce cases.

Sarah Cornes of howell jones solicitors says: “I totally agree with the senior High Court judge, Mr Justice Coleridge, who recently lambasted successive governments for neglecting the family justice system.

“From my own 20 years experience at the coalface, I can tell you that the system needs millions to protect children. They can wait for six months before a divorce case comes to court and the uncertainty and tension can have a terrible effect on them.

“At worst, delays may result in the risk of harm to the children involved, which is totally unacceptable.

“If family breakdown is not managed to minimise the impact upon children, those caught in the middle of separations today are more likely to be tomorrow’s binge drinkers, drug addicts and criminals.”

Sarah Cornes, who was one of the first solicitors in Surrey to train as a mediator, adds that millions of pounds are needed and she echoes Judge Coleridge, who last weekend urged the government to ‘stop chipping away at the family justice system and trying to have it on the cheap’.

One solution, says Sarah, herself a collaborative lawyer, is to make more money available to fund collaboration. This is an increasingly popular process where spouses meet with specially trained lawyers to discuss the terms of the separation, tailored to the priorities and needs of the family – and particularly the welfare of the children.

“Collaboration also involves a commitment not to go through the courts and speeds up the whole process. But it should be available to families at all income levels through a legal aid subsidy. After all it is saving the courts time and the taxpayer money.

“But, most crucially, it is saving the pain that many of our children are going through.”

Sarah Cornes is at sarah.cornes@howell-jones.com

Sarah Cornes joins the Family Team

We are delighted to announce that Sarah Cornes will be joining the firm's Family Team on 10 March.

Sarah will be based at the Kingston office. She will be the first of several new additions over the next few months in the Family Team.

Howell-Jones rhw Chairman Takes Over at Surrey Law Society

Keith Howell-Jones, Chairman of Howell-Jones LLP, is the new President of The Surrey Law Society.

Surrey Law Society is the sixth largest in the country and represents over 1200 solicitors who work in 280 firms throughout the county.

The aim of the Society is to provide a service to solicitors as well as to the public by providing information and help and promoting access to justice throughout the County.

SLS also lobbies Government on behalf of the profession and has been active and vocal over the ongoing fight against the issues surrounding Legal Aid.

The Society has a close relationship with Kingston University, University of Surrey and the College of Law as well as local schools.

When asked what he hoped to achieve during his year in office, Mr Howell-Jones said, “I want to help the members deal with issues bought about by the Legal Services Act which gained Royal Assent in October. The legal profession will be facing many changes and lawyers and law firms will have to be ready to deal with and adapt to the challenges and opportunities the future will bring. The interests of clients will continue to be best served by solicitors.”

The guest speaker at the AGM on 8 November was Des Hudson, who is the Chief Executive of The Law Society in England and Wales.

For further information please call Lis Hughes at Howell-Jones rhw Solicitors on 01483 543328.

Expansion at Walton-on-Thames

We are currently expanding our Walton-on-Thames offices and are looking for a couple of new people to join the team there. If you are working in the Residential Conveyancing market locally and want a new challenge, then we could be the answer to your prayers.

Have a look at the Careers page and if you like the sound of us, drop us a line.

Inheritance Tax Article

This article on Inheritance Tax was written by David Semmens of our Old Bailey office and appeared in The Times on 18 September 2007. Click here to read the article

Calling all Legal Secretaries

Due to the continued expansion of the firm, we now have a number of secretarial vacancies. These vary in office and work type, so please check the Careers page for details.

Welcome to Lis Hughes

We are delighted to announce that Lis Hughes has joined Howell-Jones rhw as Business Development Director.

Lis was most recently the previous Chief Executive of the Surrey Law Society and this experience coupled with her marketing knowledge and qualifications means she is ideally placed to drive the firm forward.

George Abbot Art Exhibition

Guildford’s historic Guildhall played host last week to an eclectic array of outstanding paintings, prints, graphics and photography as A-level art students from George Abbot School displayed their work.

Local solicitors Howell-Jones rhw sponsored the event to raise awareness of the exceptionally high standards of art at the school and to raise money for a new Performing Arts and Sixth Form Centre, due to be built at George Abbot later this year.

Opening the exhibition, the Mayor of Guildford, Mike Nevins commented ‘I'm gobsmacked by the exceedingly high standard of work by these students at George Abbot. Much of it I'd like to have on my walls. I'd also like to praise the efforts of teachers, students and parents in creating this fabulous work.’ He went on to add ‘I'd like to thank Howell-Jones rhw solicitors for their support and sponsorship of this event. Without them it would not have happened.’ Other dignitaries at the Preview Evening included the High Sheriff of Surrey and his wife, Mrs Sealy.

The exhibition was the brainchild of Martyn Whiteman, a member partner of Howell-Jones rhw and former school parent, who said ‘We are delighted to be sponsoring this exhibition and encouraging young people in Surrey in their creativity’. Over 140 visitors viewed the work on display during the event, which was open to the public from 10am until 8pm on Tuesday 17th July. Staff from Howell-Jones rhw manned the Guildhall throughout the day, providing visitors with refreshments and information about the artwork.

There was a good deal of support from local companies, many of whom donated raffle prizes or sponsored specific items for the exhibition. The proceeds of the raffle were split equally between the Surrey Air Ambulance and Disability Challengers, a charity which provides play and leisure activities for disabled children and young people. Sponsors included The Guildhall, Les Caves de Pyrene in Artington, The Big IQ and Pandora.

Volunteers from Howell-Jones rhw Solicitors Give a Day to Disability Challengers

Press release.

Four volunteers from the law offices of Howell-Jones rhw solicitors in Walton-on-Thames, Kingston and Guildford have teamed up to do a day’s hard gardening for the children’s charity Disability Challengers.

Challengers wanted brambles, dangerous branches, hawthorns and nettles to be cleared from their grounds for their annual showcase - Family Fun Day.

The four volunteers from Howell-Jones rhw worked all day in blistering temperatures and finished by erecting 300 metres of bunting which they provided themselves.

“They were really good as they worked very hard clearing really tough stuff,” says Ella Pierce, corporate fund raiser for Disability Challengers. “I was surprised solicitors were so fit and prepared to get stuck in. “They were also prepared to be flexible, which was exactly what we needed. I’d definitely have them back.”

One of the volunteers, Kamal Huxtable, a commercial property solicitor at the Howell-Jones rhw Kingston office, said: “I wanted to help these kids have a hazard-free, fun day. It’s my way of doing my little bit and I’ve been clearing the access to the field where the Fun Day is being held. “I got branches in my face and loads of scratches from the thorns, but I’ve enjoyed working out of doors and I like gardening.”

Lucy Wallace, a personal injury and clinical negligence lawyer at the Howell-Jones rhw Walton-on-Thames office, added: “I’m doing this as it’s a great cause to help kids and I also like being outdoors and gardening. “I’ve never done this kind of voluntary work in the five years I’ve been at Howell-Jones, but it’s a great day, despite the pain in my back and my hands are aching from the secateurs!”

Jackie Tate, head of marketing at the Howell-Jones rhw Guildford office, says: “The Disability Challengers charity is not supported by government funds, so it has to get its own money and we wanted to help. “They do vital work for young, disabled children and teenagers to have a place to have fun, and that’s why we are here.”

Olly Bourne, a trainee solicitor at the Kingston office was also very positive: “It’s a wonderful chance to help those who are less able than myself, and it’s also a good way of building team spirit. The Howell-Jones rhw offices are dotted around Surrey, so it’s a good way to inter-act.

“I’d definitely do it again and would recommend it to others as good stress relief from office life - being in the fresh air and helping others.”

Howell-Jones rhw solicitors Ride the High Seas in the Manches Cup

A team of partners and staff from Howell-Jones rhw solicitors braved the elements at the recent Manches Cup regatta at Cowes.

Facing high winds and rough seas, the Surrey solicitors raced on their 44 foot yacht, competing with law firms from all over the UK.

Despite the weather and competing against mostly more experienced opposition, the Howell-Jones rhw crew put up a very creditable performance finishing midway in their class.

“This was our first time in this race and I was initially concerned about the challenging conditions because some of our crew had never sailed before.

“However, everyone pulled together and working as a team, we achieved a good result,” says Chris Pomfret, who has been sailing for many years and specialises in advising dentists on practice acqisitions and disposals.

Charmaine Dudman, a trainee solicitor and a complete novice sailor, said “ It was hard work but very exciting. There was no time to think about the conditions. We wanted to be first across the line and we went for it.”

Howell-Jones and rhw merger news

Howell-Jones rhw, will provide a comprehensive package to commercial and private clients throughout Surrey and the South-East.

The combined firm will consist of about 40 lawyers, and a total staff of over 70, working from offices in Guildford, Kingston, Leatherhead, Walton-on-Thames and Raynes Park. The firm will have six owners (see photo, right), three each from the two merging firms.

Together the new firm will have nearly 50 years experience in Surrey and while rhw have 70 per cent commercial clients and 30 per cent private, it is exactly the reverse with Howell-Jones. This was one of the key factors in the merger.

Keith Howell-Jones, founder of Howell-Jones Partnership, and chairman of the new LLP, says: “Joining forces with rhw makes very sound business sense. Combining Guildford with our geographical spread which is more North Surrey, is an excellent opportunity to grow a dynamic new business across all areas of the law.

“We greatly relish the new opportunities. Our founding principles were to create a good law firm with a simple aim: happiness; happiness of the clients, the staff and partners. And this is very much the ethos of our new joint firm.

“The service will be built on shared principles of being highly professional, friendly and fair-priced.
Together Howell-Jones rhw aim to provide the best comprehensive service to businesses and private clients in Surrey, building on our extensive knowledge of the area over many, many years.”

“Everyone is very excited about the future and we are having a number of events to celebrate the launch in the coming months.”

rhw has a national reputation for its expertise in care homes, doctors, vets and dentists, but has neither matrimonial nor personal injury departments. Howell-Jones will fill this gap and offers 30 years of experience in Surrey across all aspects of law, including conveyancing, dispute resolution and employment.

Martyn Whiteman, senior partner at rhw solicitors says: “The synergy between our two firms is spot on and was a compelling reason for our decision to merge.

“We are particularly strong in the care home and medical sectors, whilst Howell-Jones have a formidable reputation in Surrey and bring to the table their expertise in matrimonial and personal injury law. It’s very exciting and we’re all looking forward to the challenges ahead.”

Compromise Agreements – A warning from the Employment Appeal Tribunal

A new article has been added to the Employment section of the site.

The full article can be accessed here

New Statutory Limits published

Two articles have been added to the Employment section of the site.

Article 1 covers the new Statutory Limits for Employment related awards from 2 February 2007 and can be found here.

The second article outlines the new rates of statutory maternity pay (SMP), statutory paternity pay (SPP) and statutory adoption pay (SAP) and statutory sick pay (SSP) to apply from April 2007. Click here for more details.

Commentary: The implications of the Queens speech to employees and employers

The new legislative timetable - The Queen’s speech

The Queen has today set out the government’s programme of 29 bills for the next parliamentary session. The speech is dominated by plans to combat climate change, terrorism and crime. However there are proposals in the Queen’s speech, which will have an impact upon both employees and employers alike.

The proposed measures include:

The corporate manslaughter Bill will create a specific offence of corporate manslaughter. This is something which has been discussed for many years and is yet to come to fruition. This would have an impact on company directors.

The Pensions Bill will raise the state pension from 65 to 68 by 2046.

The Border and Immigration Bill will increase the power of immigration officers, and will no doubt mean that companies will have to spend more money verifying the identity of employees.

The Welfare Reform Bill will create a new benefit, the Employment and Support Allowance, which will replace Incapacity Benefit. This new benefit is seen as an overhaul of the present structure and it is predicted that there will be incentives to encourage individuals back to work.

An interesting addition is the Consumers, Estate Agents and Redress Bill, which will join the National Consumer Council, Energy Watch, Post Watch and the National Consumer Council. The Office for Fair Trading will be able to inspect records kept by estate agents. This will allow disenchanted property buyers or sellers to make more effective complaints against estate agents, and could be seen as a step towards regulating the industry more vigorously.

Howell-Jones Partnership will provide an analysis of the proposed legislation when the bills are published in detail by the government during the next parliamentary term.

If you have any questions regarding these issues, please contact the author, Philip Henson.

Joint Seminar with Vantis - "Selling your business - the way out".

In conjunction wth Vantis plc, leading accountancy, business and tax advisors, we presented a seminar on "Selling your business - the way out".

The seminar, held at Kingswood Golf Club, was well attended and well received by the audience.

If you would like to see the notes from this presentation, they are available in the Library section of this site. Please contact us if you wish to ask any questions relating to the subject of business sales planning or strategy.