Emma, who is based in the Personal Injury department at our Harrow office, has been busy organising events to raise money for the youth and education charity Raleigh International, in conjunction with the Law Society.

Raleigh sends young disadvantaged people to countries around the world on expeditions and they also arrange expeditions for schools, youth agencies etc. Raleigh projects are designed to provide a sustainable benefit to communities and environments whilst at the same time giving young people from the UK life changing experiences and skills that will improve their lives and prospects.

Since 2008, Raleigh has been working in villages in the Nilgiri Mountains area to provide housing, sanitation, pre-schools and community centres. If Emma reaches her fundraising target of £2750 she will be able to take part in an expedition in October with 11 other lawyers to help out with a similar construction project. Emma will be sleeping in a tent every night and living in very basic conditions, foregoing her usual luxuries and no doubt dealing with all sorts of insects!

So far, Emma has raised over £2300 by organising various events such as a quiz night, a live music event, a World Cup sweepstake and a number of delicious “bake offs”, much to the delight of all of the Harrow staff! She is funding her flight and kit etc so all of the money raised will be going directly to the charity to help continue its amazing work.

If you would like to read more about the charity please go to http://www.raleighinternational.org/ and if you would like to make a donation to help Emma reach her target please do so at http://www.justgiving.com/helpemmahelppeople.

Lorna trained with Blaser Mills

Jonathan is an Associate Solicitor in the Private Client department and is based in our High Wycombe office.

Jonathan trained with Blaser Mills after studying Law at Oxford Brookes University and passing the Legal Practice Course with distinction at the College of Law in Guildford.

Jonathan qualified as a solicitor in 2010 and deals with all aspects of Private Client work, including Wills, Probate and Administration of Estates, Trusts, Powers of Attorney and Court of Protection work. Jonathan is happy to make visits to clients’ homes, hospitals and hospices.

The lack of regulation has enabled many will writers to adopt high pressure selling techniques, which was illustrated in the programme, often offering Wills for a low or discounted fee and then recommending themselves to be appointed as executors.  Will writers also sell other services without full advice, such as transferring the home into a trust in an attempt to avoid care fees.  Terms and conditions can be poorly worded and difficult to understand.  In secret filming undertaken by the BBC for the programme, an elderly couple were not told the details of charges which were confusingly set out in writing but then taken away by the will writer.

An example of inadequate service was given.  Andrew Poole’s wife, Suzanne, used a will writer but the Will failed to include any provision for him, leaving the entire estate in trust for his step-daughters.  The will writers appeared to have failed to advise on his right to bring a claim against the estate for inadequate provision.  Caroline Bielanska, Chief Executive of Solicitors for the Elderly, appeared on the programme and expressed concern that a spouse had not been provided for.  She said “A specialist solicitor would have asked why a spouse had been left out, kept a detailed record of those reasons and advised of the high risk that the Will would be challenged.  Solicitors are in the business of giving legal advice, taking into account the client’s domestic and financial circumstances.  It does not appear that Suzanne Poole received any such advice”.

The fear of solicitors’ costs prompts some people to use will writers.  Joanne Smith, a member of Solicitors for the Elderly, commented “Solicitors are required to set out in writing the basis of their charges.  In many cases our Wills are undertaken for a fixed fee with a secure and free storage of Wills and other documents which can be retrieved easily when needed.  We are also happy to undertake home visits or to see clients in hospital”.

Joanne Smith continued “This programme highlights the potential for getting it wrong without full legal advice and the need for proper regulation of will writers.  It can be very costly to undo after you have gone and can leave your family in disarray when they have to pick up the pieces as problems generally only come to light after you have died”.

If you need any help with your Will, Lasting Power of Attorney or other associated advice then please contact Joanne Smith on 01494 450171 or email jps@blasermills.co.uk.  Joanne is a member of Solicitors for the Elderly and an experienced practitioner.

The Government last month revoked the Land Agreement Exclusion Order, thus removing the exemption of land agreements from the Competition Act 1998.

With effect from 6th April 2011, land agreements will be treated in the same way as any other commercial agreement and will be subject to the 1998 Act, which applies where an agreement affects competition and trade in the UK.

There are a number of provisons in agreements between landlords and tenants which may potentially be anti-competitive, including covenants in a lease restricting a tenant’s commercial activities, or a landlord’s covenants not to let neighbouring premises to a competitor of the tenant.

Any agreement which infringes the Competition Act is void and unenforceable.

The Office of Fair trading FT is expected to publish guidance on the issue later this year. In the meantime both landlords and tenants may need to review their agreements ahead of the changes being implemented next year.

For more advice please contact our team at commercial@blasermills.co.uk.

The managers picked a selection of stars from the various competing countries to earn points throughout the tournament and, while the likes of Wayne Rooney and Frank Lampard were a disappointment, stars like Carlos Puyol, Wesley Sneijder and Thomas Mueller all earned big points for their respective managers.

At the end of a closely fought contest 2 managers finished at the top of the table with 179 points – Neil Jarvis and Mark Longman.

Congratulations to both.

Not only did Blaser Mills enter a team in this year’s Menzies Annual Charity Quiz to raise funds for the White Lodge Centre in Chertsey – we won it!

The annual quiz, organised by Egham-based accountancy firm Menzies LLP, saw thirty teams drawn from local businesses battle it out for the coveted Menzies Charity Quiz Cup at the Thames Club in Staines.

With tension mounting as the rounds passed, the Blaser Mills team of Jonathan Lilley, Alka Kharbanda, Dave Matthews and Barry French were still very much in contention going into the last round, where a perfect 10 saw them edge out the Barclays Bank team by 1 point.

The winning question – “How tall is a smurf?” – had the team stumped until Dave Matthews somewhat sheepishly admitted that he knew the answer – “nearly 3 apples high!”

Perhaps more importantly, the Quiz Night raised £2,935 for the White Lodge Centre which provides activities and opportunities for disabled people of all ages as well as their families and carers.

One of the new Government’s flagship education policies is to give all maintained schools the opportunity to become Academies.

The Academies Bill, currently before Parliament, is expected to become law later this month. Academies are to be funded and maintained directly by the Department for Education at a level comparable to maintained schools and will retain the share of central funding currently retained by the local authority to spend on its behalf. Any financial surplus held at the date of conversion would also be kept by the new academy.

The various legal issues to consider when applying to become an Academy include:

• the school’s governing body must apply to the Department for Education for an Academy Order and negotiate a funding agreement;

• it will be necessary to set up a company limited by guarantee. The company will have charitable status but will not need to register with the Charity Commission;

• school staff would transfer on their current terms and conditions. This would amount to a transfer under TUPE legislation;

• ownership of the school land will need transferring, together with the school’s other assets;

• all existing contractual arrangements will need reviewing to reflect the new ownership arrangements.

The Government has confirmed that a £25,000 grant will be payable to all schools who are approved for conversion, to cover legal and other costs.

Please contact us at commercial@blasermills.co.uk for further advice and information.

In any form of legal dispute it is common practice for parties to negotiate on a “without prejudice” basis in an attempt to settle the dispute without the need for court proceedings, either before proceedings are started, or even during proceedings to bring them to a halt.

Such “without prejudice” communications may not be revealed to the court in the event that proceedings do progress, the purpose being to encourage the parties to a dispute to settle in the knowledge that anything said during negotiations may not be disclosed.

The main exception to the rule is where it is used as a “….cloak for perjury, blackmail or other unambiguous impropriety.” So, for instance, whilst it is normally advisable to attempt to settle disputes without the need for court proceedings, parties should be aware that they cannot say whatever they want simply because the communication is marked or stated to be ‘without prejudice’. It is always advisable to consider the consequences of a without prejudice communication coming to the attention of a court. For example, instead of an employer saying in communications labelled without prejudice, “accept this offer or I’ll sack you” something along the lines of “if you choose not to accept this offer we will pursue disciplinary proceedings which could result in you being dismissed” would be more advisable.

A recent decision by the Employment Appeal Tribunal has emphasised, however, that there must be very clear evidence of abuse for the protection of the without prejudice rule to be lifted. So, for example, if an employer were to make a comment such as “we do not want you working here because you are a woman” it would be abundantly clear that there has been ‘unambiguous impropriety’, and the exception to the rule would apply and the statement would be admissible in court.

If you are currently contemplating or involved in some form of dispute resolution and need advice or guidance, please contact our litigation team at commercial@blasermills.co.uk.

The 2009-2010 Annual Statistics for the Tribunals Service were published at the end of June.

Key findings include:

• a 56% increase from 2008/09 in claims to Employment Tribunals;
• a 17% increase in the number of tribunal claims associated with unfair dismissal, breach of contract and redundancy;
• more than 400,000 claims to Employment Tribunals remaining outstanding;
• a notable drop, from 74% to 65%, in the number of Employment Tribunal claims in which the first hearing took place within 26 weeks of the claim being received.

Given the above figures it is becoming increasingly important for employers to take early action to safeguard against being the subject of potentially lengthy and costly claims.

For further advice please contact our employment law team at commercial@blasermills.co.uk.