Proposed changes to the statutory legacy limits on Intestacy

As 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.

Rogers & Norton Charity Golf Day 2008

Cancer 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.”

Added Graham Knights from Rogers & Norton, “Unfortunately almost everyone will know someone who has been affected by cancer and that’s why people responded most generously on the day to support the fantastic work Macmillan continues to do. “We are already planning to run a similar event next year.”

Corporate 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

The Norwich Business Houses League

The 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.

It is also the ninth season it has been sponsored by Norwich based solicitors Rogers & Norton and in recognition, the firm's Practice Manager, Graham Knights is a League Vice-President.

"We are proud of the long tradition we continue," said League Chairman, Michael Banham. "We believe the values of the League when it started in
1924 of fair play, healthy competition and fun are still being carried on today. It is also good to see many teams featuring father and sons, that's why we believe we are carrying on the tradition of true 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 .

"Referees are often forgotten but without them there would be no league," said Mr Banham. "So we like to recognise the vital role they play.

"We are also grateful for the continuing support of Rogers & Norton which helps ensure we continue to run the league and can provide trophies for the top teams. In light of this we were delighted that Graham Knights accepted our invitation to become Vice-President."

Added Mr Knights from Rogers & Norton, "We see our sponsorship as putting something back into the local community and helping to ensure players of all levels and abilities can continue to enjoy a game of football at the weekend."

The Norwich Businesses Houses League was started in 1924 with the then thriving shoe industry being a major driving force and the founding rule that all teams must be within 10 mile radius of the Norwich Inner Ring Road still holds. Today the 'Shoe Trade Cup' remains the most coveted oF the League's annual trophies.

Last season it was a clean sweep for Drayton FC who did the Treble by winning DIVISION ONE, The SHOE TRADE Cup AND DIVISION ONE LEAGUE CUP. They will be working hard to defend their trophies this year.

Energy Performance Certificates October 2008

To 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).

Rogers and Norton Solicitors coming to a YouTube screen near you

Making 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”.

Need a change ? Amending the Articles of Association of your Company

Since 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:

• Removing the requirement for private companies to hold an annual general meeting;
• The calling of meetings on 14 days notice for a private company or public company (except for annual general meetings which require 21 days notice);
• Removing the requirement to have a company secretary for private companies;
• New provisions making the use of written resolutions easier;
• A procedure to approve conflicts of interest;
• The introduction of dispute resolution clauses;
• The ability to use electronic communications.

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:

• The codification of directors duties;
• Enforcement by the company against directors for breach of their duties;
• The possibility of claims being brought against directors by
  shareholders on behalf of the company;
• The ability for one director to sign deeds on behalf of the company;
• The need for all electronic communications to include the company's name, number and address of registered office.

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 Flint for further information.

Lauren Flint
01603 675605
lf@rogers-norton.co.uk

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.

Personal Injury case track limits: The proposed changes

Since 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.

Energy Performance Certificates

Energy 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 Robert Pyke or Bruce Faulkner for more information.


Robert Pyke
01603 675623
rp@rogers-norton.co.uk

Bruce Faulkner
01603 675608
bwf@rogers-norton.co.uk

http://www.rogers-norton.co.uk/