The Consumer Credit Directive 2008/48/EC (“the Directive”) and the Consumer Credit (EU Directive) Regulations 2010 has introduced new rights and obligations, although The Department for Business, Innovation and Skills has decided that there will be a transitional period and any new agreements entered into after 31 January 2011 must comply with the new requirements.
Peter Hastings, Partner at Rogers and Norton reports on the key changes:
“There are several key changes. For example, Lenders have a duty to provide adequate explanations to consumers about the credit on offer to enable them to decide whether it is suited to their needs and circumstances. Lenders are also obliged to assess the creditworthiness of consumers before concluding a credit agreement or increasing the amount of credit available under an existing agreement. Lenders can decide how to assess creditworthiness, but are required to base their assessment on information obtained from the consumer, where appropriate and from a credit reference agency, where necessary. If an application is refused on the basis of information from a credit reference agency, the lender must inform the creditor of this when it declines the credit”.
In addition, Jenna Phillips, litigation executive in Rogers and Norton
Commercial Litigation Group comments that:-
“The consumer has the right to withdraw from a credit agreement within 14 days without giving any reason, which replaces the current limited right to cancel some types of agreements. Credit intermediaries must disclose their links to lenders and disclose and agree fees for their services with the consumer. The consumer also has the right to repay an agreement early in part and to receive a reduction in the total cost of the agreement as a result. The existing legal framework for full early repayment has been retained and extended to cover partial early repayment”
Jenna Phillips adds:-
“Advertisements that contain specific information about the cost of the credit need to provide a representative example of a credit offer. The Consumer Credit (Advertisement) Regulations 2010 will dispense with the APR approach. Consumers must be given pre-contractual information in writing according to a specific format set out in the Directive. This information is set out in the Consumer Credit (Disclosure of Information) Regulations 2010 and other contractual information required is set out in the Consumer Credit (Agreements) Regulation 2010” .
Non-business unsecured overdrafts will be subject to the requirements for both pre-contractual and contractual information although an overdraft can be arranged urgently without prior written information. Where a current account allows the account holder to overdraw without a pre-arranged overdraft, information about the charges must be included in the agreement. (Regulation 19 of the Directive). Where a credit agreement is used to purchase goods, the consumer can pursue the creditor for a remedy. The value of the goods must be at least £30,000, the credit agreement must be for £60,260 or less and the consumer must have tried to obtain satisfaction from the supplier first. This supplements s75 of the Consumer Credit Act where the cash price of goods is not less than £100 and not more than £30,000. (Regulation 25 of the Directive). Finally, the total charge for credit and the APR must be calculated in accordance with a specified formula. The formula is different to the one which already applies in the UK, but the result it produces is the same and the assumptions are broadly similar. (Total Charge for Credit Regulations 2010).
Peter Hastings adds “The new Directive will provide more protection for the consumer and places extra burden and restrictions on the lender. I can foresee that there will be an increase in disputes arising from this, especially with pressure on businesses in the current economy”.
Rogers and Norton solicitors and its Commercial Litigation Group act for National and Local Finance Companies and Lenders on such matters.
 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Home | Services | Who we are | Find us | News | Contact us | Community | Sitemap |
|||||||||||||||
 |
|
||||||||||||||
 |
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|
||
 |
 |
 |
 |
 |
 |
 |
 |
|
|||||
Rogers & Norton Solicitors, The Old Chapel, 5-7 Willow Lane, Norwich, Norfolk, NR2 1EU
| Newsbriefs, articles and updates | ||||||||||||||
| News | ||||||||||||||
Thursday, June 24, 2010Friday, June 18, 2010R&N Business Leaders LunchOn the 14th June 2010 Rogers & Norton Solicitors hosted their 3rd Business Leaders Lunch. The event took place at the Assembly House in Norwich when 72 guests enjoyed a splendid lunch prepared from the kitchen of Richard Hughes followed by a presentation by Jeff Halliwell, Managing Director of Bernard Matthews Foods Ltd in which he discussed the Company's turnaround programme and plans for the future.
The event, which was hosted in association with the Norfolk Chamber of Commerce was a great success and plans are already in place for a similar function later in the year.
Commenting on the event Mark Hambling, partner said "I am delighted that so many people from the local business community joined us for a delightful lunch in pleasant surroundings to listen to Jeff's interesting presentation. Can I thank both Jeff Halliwell and Richard Hughes for making the event such a success".
   If you wish to be kept informed about the next lunch please contact our Practice Manager Graham Knights (tel 01603 675618 or gjk@rogers-norton.co.uk) for further details and dates.
Friday, June 11, 2010R&N Act for Oceanteam II BVRogers & Norton solicitors based in Norwich are delighted to announce that they have been in
The Oceanteam Group is an offshore services company, which charters Large Offshore Con
Rogers & Norton, Managing Partner Richard Etheridge comments, "We are delighted to have been in
Peter Ha
Phil Kerridge, who is the Group's Head also comments, "This new in
Friday, June 11, 2010Solicitor looks to challenge HMRC's detentionsPeter Ha
He also wants to hear from businesses who have been the subject of assessments leading to the insolvency of their business, and as a consequence inability to appeal the assessment. Initially, Peter is considering mounting a challenge to HMRC's apparent power and ability to detain goods and stock without reasonable grounds for doing so, or without suspicion as to the legality of the goods i.e. whether Duty has been paid. He is also concerned at how long goods are detained before being released or seized.
Peter has successfully acted for businesses in securing the release of
Peter adds "I also consider that such detentions may be a breach of Article 1 of the Fir
Contact Peter on 01603 666001 or ph@rogers-norton.co.uk. Thursday, May 20, 2010Newsflash: Are HIPS History ?The new Housing Minister, Grant Shapps announced today that with effect from the 21st May 2010 the requirement for a Home Information Pack for anyone selling their home will be suspended.
Whilst scrapping the requirement for a formal Home Information Pack which was introduced in 2007 the Government are retaining the requirement for an Energy Performance Certificate which ranks the energy efficiency of a home. This will still need to be produced by a seller within 28 days of putting a home on the market but it is expected that the cost of producing this will be substantially less than the cost of a Home Information Pack, which since 2007 has been the burden of the seller to produce before a property is marketed.
Commenting upon the announcement
Marc indicated the problem with the HIP was that the information was often compiled many months before a buyer was found and therefore searches were out of date and often had to be duplicated incurring additional expense.
Further the requirement to incur the cost of a HIP before a property was marketed has possibly reduced the amount of sellers who may speculatively place their property on the market in the hope that a sale can be achieved.
It is hoped that the suspension of the Home Information Pack will bring back to the market the speculative seller, hasten the conveyancing process and remove the risk of additional costs. These will hopefully drive forward and stimulate the housing market in what we all know are and indeed have been very difficult times.
For further information on today’s announcement or to discuss any property related matters please contact
Telephone 01603 675614.
Thursday, April 1, 2010R&N Continue with Expansion Programme Rogers and Norton is continuing its planned expansion programme with the appointment of two new partners; Peter Hastings and Steve Clarke.
Peter brings a wealth of experience to the firm having specialised in Commercial Litigation for nearly 25 years, with a particular expertise in construction, insolvency, Customs and Excise tax claims and business disputes. He recently acted for a director and shareholder involved in a £20m dispute with a colleague. He is also experienced in the High Court, County Court, Technologyand Construction Court, Peter Hastings said, “When I knew it was time to move on deciding to join Steve Clarke started his career with a This promotion is something he thought would never happen. “Until recent changes in Law Society rules it was impossible for a non-solicitor to be a partner. Therefore I thought it would be difficult for me to progress so I am just delighted as I have always felt very much at home here.” These two appointments underline our commitment to grow the firm and move into new areas. We have long been an admirer of Peter and the excellent work he does. He brings a new level of expertise into the practice. There is a lot of work out there we now have the capability of handling extremely well on a local and national level. We are also delighted Steve Clarke has agreed to become a partner. Steve is a highly experienced property lawyer and has an approach to work which has already made him a firm favourite with clients. He is our first non-solicitor partner and demonstrates our willingness to embrace new opportunities to ensure progression of our staff for the benefit of themselves and our clients. Finally it gives us great pleasure to announce that Tom Lawrence have been promoted to Associate within the Practice. Catherine Hawdon who has been a senior Solicitor and Associate for a number of years becomes a consultant. Catherine and Tom are part of our busy Private Client department and deal primarily with Wills, Trusts and Probate matters. All these appointments are part of the Partners commitment to ensure the firm is able to provide enhanced services and expertise to its clients. Click below to view profiles. Richard Etheridge Friday, March 5, 2010Tom Lawrence promoted to Associate R&N are pleased to announce the promotion of Tom Lawrence to the position of Associate within our Private Client Department which takes effect on 1st April 2010.
Tom has shown a great commitment both to his clients and the firm since he has been with us and his promotion is richly reserved. Commenting on his promotion, Tom said “I am delighted, Rogers & Norton is a highly successful and growing firm and it’s great to be part of it.”
If you would like more information regarding our Private Client department, Tom can be contacted on 01603 675610 or tl@rogers-norton.co.uk.
NEW MANDATORY CODE OF CONDUCT FOR ALCOHOL RETAILERSThe Government has recently announced a new code of conduct for alcohol retailers. The changes and their dates of implementation are set out in the table below. They will apply to all licensed premises although many will in reality be unaffected by them. Of most concern to many people however is the fact that they fail to address what is seen by many as the main problem affecting the licensed trade. Supermarkets will be largely unaffected and will continue to be able to sell alcohol as a ‘loss leader’ at considerably lower prices than the rest of the trade. Not only does this directly affect the profitability of pubs in particular it is seen by many as a major contributor to the problem of binge drinking as it allows drinkers to ‘load up’ on cheap booze before going out.
Penalties for breaching the code Premises that breach any of the above conditions will risk a range of sanctions, including:
More information If you require any more information on this or any other licensing matter please contact Bruce Faulkner on 01603 675609 or by email at bwf@rogers-norton.co.uk. Monday, January 25, 2010£3000 Raised for Macmillan Nurses!Macmillan Cancer Support in Norfolk has received a welcome boost thanks to the effort of over 100 golfers who took part in a special event in September last year. Just over £3,000 was raised at our Annual Charity Golf Day held at Bawburgh as part of Macmillan’s ‘World’s Biggest Coffee Morning’ event. We have supported the Macmillan Coffee Morning for the last 11 years and have raised a substantial sum during this time thanks to the continued support of our clients and contacts for which we are very grateful.
Macmillan does such a superb job across If you would like more information about our Golf Day or more details of the Charity please contact me (Graham Knights) on 01603 675618 or gjk@rogers-norton.co.uk. R&N go to the PantoWe are delighted to let you know that our outing to the theatre on 14th January was a great success and we were able to take 25 children to see the Pantomime at Norwich Theatre Royal. The seats were offered to children through Nelson's Journey, a local Charity dedicated to supporting children in Norfolk who have experienced the death of a close family member or friend.
The whole event was a great exercise in how a little effort and some well directed funds can bring so much enjoyment to children in real need of a lift at a very vulnerable time in their lives. We will certainly consider repeating the event next year as a result of this experience. More information about Nelson's Journey can be obtained from http://www.nelsonsjourney.org.uk. Monday, January 25, 2010R&N 5-a-side League
Thursday, December 10, 2009Clare School Life Skills Room Grand OpeningWe are delighted to be able to advise you that the project to renovate the Life Skills Room at the Clare School in South Park Avenue has finally been completed and officially opened by the Lord Mayor Cllr Eve Collishaw and The Right Hon. Charles Clarke MP on Friday 4th December 2009.
This project has taken almost three years to complete and was originally a fund raising idea by the Practice to help disadvantaged children at the School develop their culinary skills in what were very dated surroundings as no improvements had been carried out since the 1970s. We held a Grand Charity Ball in aid of the school in June 2007 at Drayton Old Lodge and raised a sum of just under £20,000 from the event. This has been added to other donations and grants to allow the refurbishment to take place. We would like to take this opportunity to not only let all our clients and contacts know about the improvement but to say a big thank you to all those individuals and Companies who contributed in some way, large or small, towards making this happen. Without such support the renovation would not have been possible. We are including links to some photos and video footage of the speeches at the opening so you are able to see what has actually been achieved with the money and the enormous difference it will make to the children attending the School.
As a result of our liaison over the last three years we have become a Business Partner of the School which we hope will benefit the children in the future too.
If you would like further information about the School or the project please conact either the School Headmaster Nigel Smith at office@clare.norfolk.sch.uk or Graham Knights at Rogers & Norton gjk@rogers-norton.co.uk.
Watch Right Hon. Charles Clarke MP & Lord Mayor Cllr Eve Collishaw perform the opening ceremony here
Watch Nigel Smith's speech here
Photos can be viewed here Friday, September 25, 2009R&N Legal 500The 2009 edition of The Legal 500 has just been published and will be accessible in paper copy and online at www.legal500.com.
Rogers & Norton are once again delighted to be acknowledged in many areas of the Practice. Some of the comments that have been made include: Corporate & Commercial ‘one of the leading small private law firms in Norfolk, providing value for money and taking pride in caring for clients’. Richard Etheridge brings a ‘commercial and constructive approach’, a ‘detailed knowledge of the law and a personable nature’ that is appreciated by many local businesses. Licensing 'Working with them has always been great, response times are very quick, and they have a wealth of experience’, say clients of Bruce Faulkner. It is a ‘one-stop shop’ for licensing law and property advice. Dispute Resolution/Employment Multi-talented litigator John Cadywould has ‘a wealth of experience coupled with a professional ethos and empathy’ in everything from libel to contractual disputes. Phil Kerridge is ‘highly professional, very knowledgeable and can talk in layman’s terms’ to the great satisfaction of clients, who report ‘friendly, professional service’. Personal Injury The team at Rogers and Norton ‘focuses on the personal relationship with the client’. Tim Nobbs and Mark Hambling are recommended. Family Amy Walpole and Colin Grooms, a founder member of the Norwich Family Law Group, are reliable choices for ancillary relief and domestic abuse cases. Private Client ‘a very good all-round firm for private client work’. Tom Lawrence has built a reputation for high-quality, attentive service in Catherine Hawdon’s team. Property Rogers and Norton is experienced in complex transactions thanks to Bruce Faulkner, Marc Greig and Robert Pyke, who represent many local businesses and property developers. Recent matters include advising in relation to a new bridge over the River Wensum, and new hangars and a helicopter terminal at Norwich Airport. These extracts are all taken from The Legal 500 2009 edition. "It is particularly gratifying to receive acknowledgements in The Legal 500. A substantial amount of research is undertaken with clients and fellow lawyers before the publication is written and we are therefore delighted to receive the glowing acknowledgements detailed above." Richard Etheridge
Fundraising for Guide dogs
|
||||||||||||||
Thursday, July 9, 2009What's cooking at The Clare School ?Something will be cooking at a special school in Norwich when the pupils return from their summer holidays!
The Clare School is about to have its old kitchen ripped out and a new one installed, partly funded by a £20,000 donation from Norwich based solicitors, Rogers & Norton. It is a mixed, day Community Special School for pupils aged 3 to 19 years with special needs usually associated with physical disabilities and/or sensory impairments; many also have complex medical needs and learning difficulties. “The current kitchen dates from the 1970s and presents us with a number of health and safety issues,” said Head Teacher, Nigel Smith. “Now everything is being taken out and we will be having new windows, floors, cookers, units a special teaching area and all designed to be disability friendly. “Cooking and food preparation is a vital part of the curriculum and to have modern, up-to-date facilities will greatly enhance the experience for our pupils. We will even have talking microwaves and scales to help visually impaired children. “Work is just about to start and it will all be ready for pupils when they return to school in September.” Added Graham Knights from Rogers & Norton, “We always look to support a local charity or good cause through money collected at our many fund raising events. The Clare School was mentioned as falling into that category so we came and met Nigel and were very impressed with the work he and his team do.  “The kitchen certainly needed some work done to bring it up to modern standards so we are delighted the money is going to such a worthy project and I look forward to coming back in September to see it finished.”http://www.clare.norfolk.sch.uk/ Monday, July 6, 2009Inaugural Business Leaders Lunch produces lively debateOn the 24th June 2009 Rogers & Norton held its first Business Leaders Lunch at Sprowston Manor in Commenting upon the future Richard highlighted the need for businesses to consider the wealth of young talent that is emerging from our educational institutions and give consideration to graduate recruitment. “It is important not to lose the hotbed of talent that exist in this region”. Following Richard’s presentation he was joined by a panel comprising of Caroline Williams, Chief Executive of the Norfolk Chamber of Commerce and Paul Hill, Business Editor of the Eastern Daily Press. The panel, chaired by Rogers & Norton’s Managing Partner, Richard Etheridge took questions from the floor and this provoked lively debate on topics covering the networking abilities of local business, predictions as to when the economy will emerge from the recession and the benefits available to businesses in the Eastern region from the 2012 Olympic bid. The intention is to arrange a further lunch later in 2009 with a further guest speaker.
Wednesday, June 17, 2009First Prosecution for Corporate Manslaughter CommencesOn the 17th June 2009 the first prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 is to be heard in the Stroud Magistrates Court. The Crown Prosecution Service have brought of Corporate Manslaughter against Gloucestershire based Cotswold Geotechnical Holdings. The charge follows the death of a Junior Geologist who was killed in September 2008 when the sides of a pit in which he was collecting soil samples collapsed and crushed him. In November 2008 Rogers & Norton co hosted a seminar on the impact of the Corporate Manslaughter and Corporate Homicide Act 2007. The commencement of this prosecution is an important development from this seminar and as the prosecution progresses the manner in which the Court will deal with the evidential issues under the Act will be analysed. In addition if found guilty the Court’s new powers in sentencing can also be examined. Under the Act the Court have the power to impose an unlimited fine. The fine in accordance with sentencing guidelines may be between 2.5% and 10% of a company’s gross turnover. Aside from the financial sanctions the Court will also have the power to force an organisation to publicise its own guilt at its own expense if found guilty. It is also of interest that apart from the Prosecution under the new Act the company are also being prosecuted for breaches of Section 2.1 of the Health & Safety at Work Act in failing to protect the deceased. Additionally, Company Director, Mr Peter Easton, is being charged personally with the offence of gross negligence manslaughter and further breaches of the Health & Safety at Work Act. The case will inevitably be transferred to the Crown Court for Trial and it will be important for all businesses and advisors to watch this case develop and to establish how the Court deals with the evidential issues under the new Act and, if found guilty, their sentencing powers. We will endeavour to provide further information on the case as and when this becomes available. If you have any questions regarding the Act or this case please feel free to contact either: Mark Hambling (email: mbh@rogers-norton.co.uk) Tel. 01603 675668 or Phil Kerridge (email: pnk@rogers-norton.co.uk) Tel. 01603 675612
Tuesday, January 13, 2009Rogers & Norton go live on air in 2009Rogers & Norton are proud to announce that, in partnership with Norfolk Community Law Service (NCLS), as from the 28th of January 2009 we shall be appearing live on Future Radio 96.9FM to offer a free 'Legal Hotspot' to listeners. Labels: community , free legal advice , local , mark hambling , radio , tom lawrence Monday, December 22, 2008Proposed changes to the statutory legacy limits on IntestacyAs part of Rogers & Norton's continuing drive to keep clients and professional contacts up to date with legal developments, we can advise that the Ministry of Justice has announced that as from the 1st February 2009 married couples/civil partners whose spouse/civil partner dies without leaving a Will, are set to benefit from an increase in the statutory legacy limits under proposals published by the government.The limits are currently set at £125,000 where the deceased leaves a surviving spouse/civil partner and children, and £200,000 where the deceased leaves a surviving spouse/civil partner and parents or siblings, but no children. The limits have not been increased since 1993. It is proposed that the new levels of the statutory legacy will increase to £250,000 and £450,000 respectively. The statutory legacy is the amount payable to a surviving spouse/civil partner from the estate of his/her partner who dies intestate, that is, without leaving a Will. Justice Minister Bridget Prentice said: "This increase will give extra protection to married couples and civil partners whose spouse or civil partner dies without making a Will. But it also highlights how important it is for men and women to make arrangements for their loved ones in the event of their death. Married couples and civil partners should not assume that when their spouse or civil partner dies, they will automatically be entitled to everything. It is up to the individuals to make sure that their wishes are respected by making a Will. My message to people is, don't leave it to chance. Make sure your loved ones are properly provided for by leaving a Will." Tom Lawrence, a solicitor in our Private Client Department, said "The amendments to the statutory legacy limits are a welcome change. However we strongly urge people against placing any reliance on these provisions and continue to advise all our clients that making a Will is a sensible and prudent step to take as soon as possible." If you have any queries on this subject please do feel free to contact our Private Client Department by either email to willsrogers-norton.co.uk or by telephone on 01603 666001. Posted by Rogers and Norton Solicitors at 8:41 AM Labels: intestacy , law , news , tom lawrence Friday, December 12, 2008Rogers & Norton Charity Golf Day 2008Cancer care in Norfolk has been given a boost thanks to the efforts of over 100 golfers who took part in a special event in aid of Macmillan Cancer Support. A total of £3,100 was raised at the Rogers & Norton Charity Golf Day held at Bawburgh as part of Macmillan's 'World's Biggest Coffee Morning' event. "The money will now be used to provide better care and information for the people of Norfolk," said Helen Chapman, Macmillan's Fund Raising Manager. "We have a mobile information centre which tours the villages and market towns of Norfolk and last year we gave grants of over £70,000 to cancer sufferers in the county. Our thanks go to Rogers & Norton for their valuable support."
Posted by Rogers and Norton Solicitors at 7:34 AM Labels: charity , community , golf , golf day , graham knights , media , press release Monday, December 8, 2008Corporate Manslaughter Seminar 26th November 2008 On the 26th November 2008 Rogers & Norton in conjunction with Heath Lambert Group hosted a seminar on the impact of Corporate Manslaughter and Corporate Homicide Act 2007.
The seminar at Dunston Hall was attended by over 70 delegates and involved presentations by Mark Hambling and Phil Kerridge, both partners in the practice. Phil analysed the law prior to the 2007 Act coming into force on the 6th April 2008 and considered the law which remains in place following the Act and the current sentencing regime under the Health and Safety at Work legislation. Mark analysed the new Corporate Manslaughter and Corporate Homicide Act 2007 and provided an overview as to what will need to be proven for a successful prosecution and advised on the steps that employers should take so as to ensure that they do as much as possible to avoid prosecution in the unfortunate event of a fatality in the workplace Commenting on the seminar Mark Hambling indicated that "Rogers & Norton were delighted to be able to co-host this seminar with Heath Lambert and analyse both the legal and insurance issues. The seminar was very popular and clearly demonstrated the awareness of local businesses as to the impact of this Act and the need to be pro-active in ensuring compliance with the legislation". Following the seminar both Mark and Phil indicated that they are more than happy to discuss, without obligation and initially without charge, the impact of the new Act should any delegate wish to make contact Although the seminar has now concluded, both Mark and Phil will be happy to answer any further questions on the impact of the Act and can be contacted on the details listed below. Philip Kerridge Telephone: 01603 675612 Email: pnk@rogers-norton.co.uk Mark Hambling Telephone: 01603 675668 Email: mbh@rogers-norton.co.uk Monday, November 24, 2008The Norwich Business Houses LeagueThe Norwich Business Houses League is starting its 85th season in rude health with 32 teams split across three leagues and a continuing determination to be at the very heart of grass roots football. That spirit of fair play is also extended to referees. After matches each team is required to give marks on the referee's performance and last season Iain Banham, who has been the man in the middle for five years, took top spot and received the ROGERS & NORTON Referee's Cup and a special engraved tankard .  Monday, October 6, 2008Energy Performance Certificates October 2008To help improve the energy efficiency of buildings and to reflect legislation, the Energy Performance Certificate (EPC) was first introduced for the marketed sale of homes as part of Home Information Packs.
From 1st October 2008 the legislation was widened to state that in the event of completion of construction, sale or letting of all buildings (with some small exceptions), an EPC will need to be provided. This includes all commercial properties and homes, including those being let on assured shorthold tenancies. All sellers and landlords will be legally required to show prospective buyers or tenants an EPC prior to selling or letting their property. Those who do not produce an EPC when required could be fined £200 but must obtain an EPC or risk further fines or penalty charge. In most cases this will be fixed at 12.5% of the rateable value of the building capped at a maximum of £5,000. If you require any more information or want us to put you in touch with an assessor, please contact Bruce Faulkner (01603 675608 / bwf@rogers-norton.co.uk) or Marc Grieg (01603 675617 / mcg@rogers-norton.co.uk). Friday, September 12, 2008Rogers and Norton Solicitors coming to a YouTube screen near youMaking best use of all available forms of communication in helping to get your business message across to clients and customers (both new and existing) has always been important and, perhaps, even more so than ever before in view of the current economic climate.
As part of Rogers and Norton’s continuing drive to embrace all forms of up to the minute communication, this week saw Tom Lawrence, who is a Solicitor in our private client team, take part in the first ever BNI meeting in the UK where members “60 second” presentations were digitally recorded to video before being placed on the internet website site YouTube for all to view. Mark Hambling, who is a partner and member of the marketing development team at Rogers and Norton, said “as a firm Rogers and Norton are committed to utilising all advances in media technology to enhance our communication with our existing and potential clients, contacts and increase access to the legal profession”. Friday, August 1, 2008Need a change ? Amending the Articles of Association of your CompanySince January 2007 the Companies Act 2006 (“the 2006 Act) has gradually been replacing the Companies Act 1985.
Changes introduced in April 2008 may affect the articles of association of your company and this is set to continue with further sections of the 2006 Act due to be implemented on 1 October 2008.
Particular changes introduced so far include:
Although the 2006 Act introduces changes. For an existing company formed prior to the introduction of the changes to take the benefit of these it may be necessary to amend its Articles of Association. We can prepare the necessary paperwork for the company. Other changes introduced by the 2006 Act which you should also be aware of include:
If you would like any further advice on this area or would like us to amend your Articles of Association in line with the new legislation please contact Lauren Coleman for further information. We also advise on a wide variety of commercial matters including the sale and purchase of businesses and shares in companies, shareholders agreements, franchise agreements, partnership agreements, general commercial contracts, commercial property and ancillary matters. Monday, July 21, 2008Personal Injury case track limits: The proposed changesSince 2007 the Ministry of Justice have consulted on reforms to the Personal Injury Claims process to achieve a quicker process where appropriate and more proportionate costs. The outcome of the consultation was published on Monday 21 st July 2008.
Several changes are proposed, aimed at speeding up the process and several options considered have been discontinued due to the force of representation. The key changes that may affect the client pursuing or resisting a personal injury claim are as follows: The small claims track limit for personal injury claims which has been set at £1,000 for the value of the injury claim for some time will not increase. The limit on fast track claims currently set at £15,000 will be increased to £25,000. There will be a new claims process for road traffic accident claims where the value of the claim is £10,000 or less and there is no dispute on liability, the cause of the injury or allegations of contributory negligence. This process will be accompanied by a fixed recoverable cost system to regulate the level of costs that can be recovered. Commenting upon the changes, Mark Hambling, a Partner in the firm’s Personal Injury Department indicated that he welcomes the Ministry of Justices’ decision to maintain the small claims limit for personal injury claims at £1,000. “This is important in ensuring that those that unfortunately suffer personal injury claims have the ability to pursue their claim with the advice and representation of a qualified lawyer without their claim being at risk of falling into the small claims track. The initial proposals considered increasing the small claims limit for personal injury claims to £5,000 which would have prevented many cases being dealt with by solicitors and this would have significantly curtailed the access to justice for those suffering injury.” Whilst it was perhaps inevitable that the fast track limit was going to increase, it is hoped that this will improve the speed in which relatively straightforward personal injury claims can be resolved. It is however of some concern that under the proposed reforms there is no procedure whereby complex claims which may have a value less than £25,000 but which are complex on the issues and more suited to the multi track procedure can be moved from the fast track to the multi track. This may lead to further litigation before the Court in arguing whether a case should be transferred even though the value falls within the new fast track claims limit. It will be interesting to see how Judges react to such applications. THE NEW ROAD TRAFFIC CLAIMS PROCEDURE This new procedure will create a system where the solicitor representing the Claimant will need to send a notification of claim to the Defendant within 5 days of obtaining all of the information required. The insurer then has only 15 days in which to respond within an indication on liability and no extensions of time are likely to be allowed. In effect in a relatively short period of time in a road traffic accident case where the value will not exceed £10,000 the insurer will have a very short period of time in which to consider liability and confirm whether this is admitted. There will then be processes whereby the solicitor would put together the medical evidence and prepare a settlement pack to send to the insurer who will then have a further 15 working days upon receipt of the pack to accept or reject an offer to settle. It is quite clear that this new process could significantly speed up the claims process however there will be a need for caution to be exercised by the solicitor to ensure that all of the medical evidence is accurate and the prognosis clear before advising a client on a full and final settlement. It must also be noted that under this procedure, if the insurer denies liability, argues to any degree that the person bringing the claim was responsible or denies that the injuries were caused by the accident, the claim will fall out of this new procedure and proceed in line with the current process, more likely than not within the fast track limit. CONCLUSIONS It should be welcomed that the Ministry of Justice have maintained the small claims track limit and it is hoped that the new road traffic accident claims process will be a success. However there must be some concern that in relation to both this new process and the new fast track limit that this will include claims that are complex and perhaps not completely suited for a streamlined process. It is therefore hoped that there will be some provisions for claims that are unsuitable for the process on the issues to be moved into the multi track where appropriate. It is however disappointing that in relation to the reforms the Ministry of Justice have not considered whether provision could be made for the better implementation of the Rehabilitation Code of Best Practice. It is as important that a Claimant receives early treatment and management of an injury at an early stage as it is that they are suitably compensated at the conclusion of the claim. It is therefore disappointing that the Code of Best Practice on Rehabilitation, which is at the moment part of the Personal Injury claims Protocol was not mentioned in the proposed reforms. It is also disappointing that the reforms do not further emphasise the need for early interim payments in suitable cases and in particular in larger claims. In the absence of any mention of this in the reforms it is likely that in the event of an insurer not voluntarily agreeing to an early payment on account, Court proceedings to seek an interim payment will have to be issued. Finally there is no timescale in terms of the implementation of these proposals and it is therefore necessary to “watch this space” as to when the proposals are implemented and what, if any, changes are made between now and the implementation”. For further information on the proposed changes or to discuss any specific case that you may wish to advance or defend please contact Mark Hambling on 01603 675637 or mbh@rogers-norton.co.uk. Wednesday, July 2, 2008Energy Performance CertificatesEnergy Performance of Buildings
(Certificates and Inspections) (England and Wales) Regulations 2007. From 1 July 2008 the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 will mean that any buildings that are sold, rented or built may need an Energy Performance Certificate to reflect the energy performance of the building. If a building has a total floor area in excess of 2,500m then you will, subject to limited exceptions, be required to hold and make available an Energy Performance Certificate at the request of a prospective tenant or client if “energy is used to condition the indoor climate” for example by air conditioning or heating. If you think these changes may affect you or one of your clients and require any further details or if you have any questions about how to comply with these changes please contact Bruce Faulkner for more information. Bruce Faulkner 01603 675608 bwf@rogers-norton.co.uk http://www.rogers-norton.co.uk/
Subscribe to: Posts (Atom) |
||||||||||||||
.jpg)
.jpg)
.jpg)
.jpg){kind=link}
Stock Images from JIUnlimited Web Design London by Ampheon
Regulated by The Solicitors Regulation Authority (SRA Numbers: 00054467 00342644)