Howell-Jones Law News Articles

Leatherhead Property Forum, Thursday 18th March 2010, Leatherhead Theatre 12-2pm.

The next meeting of the leatherhead Property Forum will be on Thursday 18th March when Tony Fisher will provide an overview on the lending market. Tony is an Independent Mortgage Adviser based in Guildford. He has worked in the Financial services Industry for over 30 years with various mortgage lenders and banks. He has a very wide knowledge of the marketing, design, financial modelling and funding of Residential and Buy to let Mortgage products.

We are delighted that Tony will be joining us again and hope you will attend to what promises to be a very interesting and informative meeting.

The meeting will commence at 12.00 and will finish promptly at 2.00, there will be a 45 minute talk and a Q&A session followed by a light buffet and popular networking opportunity.

For your diary, we have booked the following meetings for the rest of 2010:

Wednesday June 16th-Richard Snape on property matters
Thursday October 14th-Paul Marsh on Property Market update.

The cost per session will be £20.00 + VAT per person (£23.00).

One CPD point is available where relevant.

Accreditation Reference 3285/HOJP

Please feel see PDF flyer in under our Library section, which also includes application form.

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!

Buying a Dental Practice? New article available

A new article has been written by Chris Pomfret, head of the Professional Practices team, highlighting some of the pitfalls that can be encountered when purchasing a Dental Practice.

The article can be found here.

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.

Robert Audino joins howell jones

Robert Audino, a senior family lawyer from a Guildford firm, today joined the Family Team at Walton-on-Thames.

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.