Everything you Need to Know about April 2016 in 20 minutes
Legal Feature Nov 14
1. This month we’ve been talking with some of Cornwall’s
leading legal professions who have advised on some of
the key considerations for business
In an age of increasing
corporate red tape where
you often have to tread
so carefully in business,
it has never be more
important to have a decent
legal professional to cover
your back.
In recent years the legal sector has
been subject of a great deal of deregula-
tion and the introduction of the Alterna-
tive Business Structure (ABS) meaning
that non-solicitors can own and invest in
law firms.
The purpose of which was to shake-up
and wake-up the profession in light of
creating a more competitive, open and
efficient sector.
This has meant that the some of the
more traditional firms averse to change
have been struggling whereas others
that have embraced the competition are
reaping the rewards of a more effective
business model.
Effective utilisation of fee earners and
the implementation of modern marketing
methods combined with a general open
mindedness are among the things neces-
sary to stay competitive in these times
of change.
It’s great to see firms thriving here in
Cornwall. An increase in business confi-
dence this year saw an upturn in activity
in key practice areas.
www.businesscornwall.co.ukBusiness Cornwall Magazine - November 2014 17
2. Foot Anstey has been ranked amongst the most innova-
tive in the industry with its presence in the annual Financial
Times Innovative Lawyers report. The regional law firm was
ranked for its work in advising the retailers Screwfix and B&Q
TradePoint on its scheme to offer improved access to credit
for tradespeople.
Foot Anstey has also been shortlisted for the category UK
Law Firm in the 2014 British Legal Awards as well as being
recognised as a regional heavyweight in The Legal 500.
The Legal 500 is an independent guide to the legal profes-
sion which saw the presence of various firms within Cornwall.
Stephens Scown LLP was also described as a regional heavy-
weight and received tier 1 ranking for its family law team, as
well as its contentious trusts and probate work, according to the
2014 edition of Legal 500, which was published last month.
Stephens Scown was the highest ranked Cornish firm in a
further nine categories including corporate, agriculture, chari-
ties, social housing and planning.
Eight of the firm’s lawyers in Cornwall were also recom-
mended by the guide. Ian Lamond and Chris Tofts from the
firm’s environment team are recommended for their “profes-
sional, efficient and personable service”, while Phil Reed, who
heads up the firm’s rural services team is recommended for his
private client work.
Truro-based Murrell Associates was also recognised as one
of the top for corporate and commercial in the West Country.
Preston Goldburn of Falmouth was ranked as one of the top for
clinical negligence.
Meanwhile, Liskeard Solicitors, Caunters recently
announced the opening of its new office in Looe, returning to
the town after an absence of some 15 years.
Directors Luke Vallance and James Outten are delighted
to be joined by consultant solicitor Simon Outten who brings
experience and expertise in commercial and employment Law
including intellectual property. Simon was previously a senior
partner in a top Legal 500 firm on the south coast.
Vallance says: “We have excellent local support already and
with the new office are seeking to provide further in-depth
support to local businesses whether small or large.”
Positive
Having a good solicitor really can have a positive effect on a
business. Bill Clarke, owner and managing director of Trewithen
Dairy credits his business’s growth to patience, hard work and a
30-year association with local law firm Stephens Scown.
Now, he is backing a Law Society campaign to promote
the work of solicitors. He says the south west law firm has
helped him with everything from
conveyancing and contract law
issues, to employment law and
intellectual property protection.
Robert Camp, managing
partner of Stephens Scown, adds:
“Stephens Scown is delighted to
be involved with the Law Society’s
consumer campaign. We welcome
any work that helps to raise the
profile of the hard work solicitors
do for their clients, day in day out.
It’s great to see firms thriving
here in Cornwall. An increase in
business confidence this year
saw an upturn in activity in key
practice areas
”
Robert Camp
The team at Caunters
■ Preserve customer
relationships
■ Prevent issues
before they start
■ Give you more time
to run or manage
your business
■ Reduce your debt
■ Improve your
cash flow
■ Recover your
money with
minimum stress
and cost
www.businesscornwall.co.uk Business Cornwall Magazine - November 2014Legal Feature18
3. The term ‘corporate’ is sometimes
simply associated with high profile
companies quoted on the market,
political attempts to control ‘fat cat’
directors and wayward corporate
governance in large financial institu-
tions, writes Hugh Murrell, director
of Murrell Associates.
In fact, it covers a number of issues
relevant to companies, both large and
small, public or private, listed or unlisted.
For all companies, the structure of the
business, the role of directors and man-
agement, the interaction between man-
agement and shareholders and planned
exit strategies to name just a few will be
important matters for consideration.
Any solicitor advising a company not
only needs to understand the statutory
framework within which companies work
but also the requirements of the particu-
lar business operated by that company.
Experience will dictate what kind of
agreements shareholders might need not
only to protect their own interests but
also those of the company generally.
If acquiring or disposing of a business
the company and its directors will likewise
want to ensure that the commercial bar-
gain reached is properly reflected in the
ultimate terms of the legal agreements
and their interests suitably protected.
With more than 25 years of advising
companies on corporate issues, we as
a team have the breadth of knowledge
and experience necessary to help.
Renewable Energy
As we lurch towards yet another change
in the funding of renewable energy in
the UK next year, so the pace of work in
terms of acquisition, development and
sometimes disposal of larger renewable
projects (both solar and wind) increases.
No one is quite sure what is going to
happen, but with long term government
commitments as yet unchanged we know
that whatever government we get next
year this sector will remain an important
element of the
overall energy
industry in this
country.
Having
become involved
early on in the
renewables
industry Murrell
Associates has
built up considerable expertise in various
property and corporate aspects of renew-
able energy work. We can advise on the
acquisition of sites, the ownership struc-
ture of projects, finance arrangements and
ultimate disposal.
Experience that counts
Murrell Associates is a Truro-based Legal 500
firm specialising in Corporate, Commercial
Property, Corporate Finance, Renewable
Energy, Commercial, Intellectual Property,
Information Technology, Small Business,
Company Law, Partnerships and Ship Finance.
For more information please ring 01872
226990 or visit www.murrellassociates.co.uk
“Whether you are buying your first home, trying to get back
on your feet following an injury, or working to get your new
business up and running, speaking to a solicitor can help give
you the professional, expert advice you need.
“The Law Society helps by providing regular and practical
information and updates in a fast changing area of business.”
The Law Society’s ‘Use a Professional’ campaign was
launched in September and will encourage members of the
public to speak to a solicitor to resolve any disputes they have,
while also raising the profile of the work solicitors do, and
promoting the Find a Solicitor website.
One of the services a solicitor can provide, of course, is
wills. It is also, however, something many lay people try and do
themselves – often with disastrous consequences.
Falmouth firm, Hine Downing, warns against this, amid
new figures released by the High Court showing that claims for
mishandling deceased people’s estates have more than tripled
over the last year.
The claims range from theft of assets by the executor to
fraudulent distribution of assets to favour certain beneficiaries
of the will above others.
“We regularly come across people attempting to draw up
their own wills and administer estates within their own fami-
lies in order to save money,” says Hine Downing probate part-
ner William Richards. “But in some cases this really can prove
to be a false economy and sometimes an expensive mistake.”
Donna Negus, director of Sekoya
Specialist Employment Services,
gives a few words of advice on the
changes to flexible working:
As of June 30, all employees have
the legal right to request flexible
working, not just parents and carers.
Employees must have worked for the
same employer for at least 26 weeks to
be eligible.
What employers must do
Employers must consider requests in a
‘reasonable manner’ including:
• assessing advantages and disad-
vantages of the request
• holding a meeting to discuss the
request
• offering an appeal
• take specialist advice
If an employer does not handle a
request in a reasonable manner, the
employee can take them to an Employ-
ment Tribunal, but can refuse an applica-
tion if they have a good business reason.
E: donna@sekoya.com
www.sekoya.com
Tel: 01872 306100
Being flexible
Hugh Murrell
Commercial and Renewables
www.businesscornwall.co.ukBusiness Cornwall Magazine - November 2014 Legal Feature 19
4. Many of us dream of coming
up with the perfect idea for a
product that has never been
made before, but for one
Cornish entrepreneur that
has become a reality, growing
from an idea to a flourishing
business in just a few years.
Inspired by her baby son Jimmy
chewing on his fist, Jodine Boothby
went on-line to see if she could buy a
teething mitten for him. Seeing there
was none available, she realised there
could be a gap in the market. A world-
wide patent search showed that there
were no similar products available.
Jodine explains: “I had just £1,000
savings to use and was juggling being
a mum to a young baby with product
research and development, but I knew
the idea was a good one. The hard work
was worthwhile, as the end result was
Gummee Glove, a unique teething mitten
for 3-6 month old babies. With secure fas-
tenings to ensure the glove stays in place,
Gummee Glove enables young babies to
get relief from sore gums before they are
able to hold traditional teethers.”
Fast forward a couple of years and
Jodine’s business now employs five peo-
ple and has added a new product – anti-
scratch teething mittens for newborns.
In her first year of trading Jodine
sold 4,000 units, in her second she sold
40,000 – a jaw dropping increase of
900%. Half of Gummee Glove’s sales are
overseas, with the products now sold in
eight countries around the world.
Gummee Glove’s success is remarka-
ble, even more so considering that Jodine
does not have a background in product
design. Jodine adds: “Having worked
for 12 years with Tamar Foods,
much of that time in quality
assurance, I gained a thorough
understanding of manufactur-
ing, albeit for very different
products. However, I knew I
needed expert advice to help me
grow and protect my business.”
That is where local solicitor’s
Stephens Scown LLP comes in.
The firm’s IP specialist Tom
Moore initially conducted
a free IP MOT for Gummee
Glove, which identified the
business’s Intellectual Property (IP)
assets, and advised on how best to pro-
tect and exploit them. A detailed IP audit
followed and then a wide range of IP
protection was implemented, covering
trademark and design rights.
Explaining the importance of intellec-
tual property to her business Jodine says:
“Gummee Glove is all about our product
and the brand and right from the start
this has been one of my main concerns.
Realising that I had come up with a
unique idea was fantastic, but immedi-
ately I worried about how to protect it.
Stephens Scown’s advice has been fantas-
tic, giving me reassurance that our trade
marks and design rights are protected in
the UK and key international markets.
Not only that, but they have helped me
to make sure that the trade marks and
design rights are maximised, through
ensuring that I have the right distributor
contracts in place for example.”
Stephens Scown’s advice has also cov-
ered non-disclosure agreements. Jodine
adds: “It was important that I could talk
to retailers and distributors about the
product. One of the first times I spoke
to Tom was while I was at a trade show
in Las Vegas. I wanted to talk to possible
distributors about the product and I was
unsure about what I could safely tell
them. Tom was fantastic – I called him
in the middle of the night from America
and he was able to turn around a non-
disclosure agreement in an hour or so.”
The rapid growth of Gummee Glove
has also meant that the business now
employs five people. To help manage
this, Jodine chose Stephens Scown’s
HRExpress service, which gives her
unlimited access to a helpline with
experienced employment lawyers and
HR experts, as well as expertly drafted
employment contracts, staff handbooks
and other policies she requires for a
fixed monthly fee.
Jodine said: “It is great to know that
help is at hand at the end of the phone
if I need advice on employment law or
an HR issue. I’ve really appreciated this
support as I’m taking on more staff and
growing the business.”
Summing up the service she has
received from Stephens Scown, Jodine
says: “If I was to describe Stephens
Scown in a few words I’d choose: reli-
able, fast, informative and dependable.
I know that they are always at the end
of the phone and will get back to me on
any of my questions really quickly. Hav-
ing that support has given me peace of
mind, allowing me to focus on growing
my business.”
So what does the future hold for Jodine
and Gummee Glove? “We’ve got so many
ideas for new teething products that we
are going to develop under the Gummee
brand. The next few years are going to be
exciting ones, and I can’t wait!”
If her first few years in business are
anything to go by, the sky is the limit for
this Cornish success story!
Sky’s the limit for Cornish entrepreneur
Stephens Scown’s corporate team
provides expert legal advice to help
Cornish businesses at every stage of
their journey, from launch to expansion;
from profit sharing to succession
planning and everything in between.
To contact the team, please call 01872
265100, email corporate.cornwall@
stephens-scown.co.uk or visit
www.stephens-scown.co.uk
Jodine Boothby
Gummee Glove
Intellectual Property
www.businesscornwall.co.uk Business Cornwall Magazine - November 2014Legal Feature20
5. According to Launceston based law
firm Peters Langsford Davies the
Commercial Property market in Corn-
wall is an improving one, but one in
which tenants remain in a relatively
strong position.
“Whilst we are witnessing signs of an
upturn in economic confidence land-
lords aren’t banking on a glut of poten-
tial tenants so in their quest to keep
properties from being empty there are
deals to be done.” explains partner and
head of property Helen Davies.
Helen though offers a word of
caution when it comes to negotiations
“it is important that both landlords
and tenants agree the detail with full
understanding of the implications. That
is why all parties should have their
legal advisor involved early on in
the process.”
Peters Langsford Davies offer a com-
prehensive Commercial Property service
which includes offering advice on
buying or selling commercial property,
leaseholds, planning and environmental
issues and land use diversification.
The firm is also expanding its service
to businesses, farmers and landown-
ers who are looking at renewable
energy projects.
With over 20 years of renewable
energy experience, PLD partner Helen
Davies is a renewables legal expert in
acting for landowners.
As Helen says “More and more busi-
nesses, farmers and landowners are
recognising the opportunities renewable
energy offers them as a income stream.
Despite funding changes, there is still
plenty of activity going on. If you are
considering a renewables project my
advice would
be to give me a
call at the ear-
liest opportu-
nity to ensure
nothing gets
overlooked.
Renewable
energy projects
can appear
quite daunting
from a legal perspective, which is why
we focus on ensuring our help makes
for a smooth and efficient process for
our clients.”
Peters Langsford Davies offer a range
of legal services to businesses of all sizes
across Cornwall. For more information
please contact PLD as below.
Commercial Property
and Renewables with
Peters Langsford Davies
In these challeng-
ing economic times
it is an unfortunate
fact that most
businesses, large
or small, are likely
to come across
customers, clients
or tenants who
cannot or will not pay their bills, writes
Hine Downing expert Jo Fisher.
Such debt problems create cash flow
difficulties within your own business and
resolving them is almost always time-con-
suming, not to say costly and annoying.
However unpleasant it is to have to
recover money you are owed, the situa-
tion is not of your making and if you are
not able to reason or compromise with
your debtor you probably need help.
At Hine Downing we understand that
to maximise the chances of recovering
your debt it is necessary to act quickly and
efficiently. We work directly with clients to
provide a specialist debt recovery service.
Whether a client has a small number
of debts or is plagued with high volumes,
we are able to offer a fixed-fee service
across a range of fields including collec-
tion advice, letters before action, issu-
ing County Court proceedings, service
of Statutory Demands, bankruptcy and
winding-up proceedings and enforcement
of Judgments. We are also able to offer
credit control services including monitoring
ledgers and setting up repayment plans.
Here at Hine Downing we recognise
that debt recovery and credit control is
vital to the success and prosperity of all
businesses, large and small.
Commercial Property
With the worst of the recession now hope-
fully behind us, we are starting to see signs
of more activity in the commercial sector,
says commercial partner John Lowry.
Much of this is still, however, funded
by private equity as the banks continue
to show little interest in backing property
ventures – despite their stated intentions.
The landscape has changed with
commercial landlords having to swallow
renewals at reduced rental values and
upwards and downwards rent review
clauses which I have rarely seen in my 28
years in the law.
Our experienced team at Hine Down-
ing is well-placed to help all interested
parties in this changing commercial
property climate. Strategic thinking and
swift action are often crucial in securing
a transaction and we work responsively,
flexibly and to the tight timescales.
Can’t pay, won’t pay?
HineDowningisaprominentFalmouth-based
firmofsixpartnersandsixmaindepartments
specialisinginprobate,willsandtrusts,elder
clientservices,residentialproperty,commercial
law,disputeresolutionandfamilylaw.
Comprehensivefinancialadviceisalsoavailable
throughHineDowningFinancialServices–
anindependentfinancialadvicecompany
ownedbyHineDowningSolicitors.Formore
informationonHineDowning,pleasecontact
MartinDean,PracticeManageron01326
316655,general@hinedowning.comorvisit
www.hinedowning.com
Tel 01566 772451
Emailenquiries@peterslangsforddavies.com
www.peterslangsforddavies.com
Jo Fisher
Debt Collection
Helen Davies
www.businesscornwall.co.ukBusiness Cornwall Magazine - November 2014 Legal Feature 21