R&N donate photocopier to local charity

Rogers & Norton Solicitors have recently presented a colour photocopier to Nelsons Journey, the Charity that cares for children who have suffered bereavement in some form or other. The unit will help to speed up their administration tasks.  The copier was originally supplied by Photostatic Copiers and was surplus to the needs of the Solicitors Practice. Graham Knights, Practice Manager for the law firm commented "Nelsons Journey does some fantastic work in the local community without always receiving the recognition it deserves. We are delighted to help in this way by donating the copier to them". Kim Greensmith, Chief Exective Officer of Nelson's Journey said "We are very pleased that Rogers & Norton have helped us in this way as having our own photocopier has already made a difference to our administrative process, saving us time as well as money.  We operate on a relatively small income and every penny counts, in this case every copy counts!"

The photograph above shows Caroline Martin of Photostaic, Kim Chase of the Charity and Graham Knights, Practice Manager for Rogers & Norton at the presentation.

Prenuptials – Where do we stand?

Following the Supreme Court judgment last month we have seen an increased number of instructions regarding prenuptial agreements. We are continually asked whether prenuptials agreements are legally binding and what actually happened in this landmark case of Radmacher (2010).

Background

Katrin Radmacher (40) and Nicolas Granatino (38) married in 1998. The wealthy German heiress thought to be worth more than £100m, wealth which was mainly inherited from her family paper firm, ensured that her husband signed a prenuptial agreement before marriage promising to make no claims on her fortune if the marriage failed. The couple separated in 2006 – the fortune remained, and Granatino, a mature student at Oxford, decided to challenge the prenuptial agreement. The prenuptial had been signed in Germany, where these agreements are enforceable. The parties divorced in Britain and Granatino argued it had no status in English law.

Judgement

The Supreme Court judgment in this case on 20th October 2010 has given explosive recognition to prenuptial agreements when deciding the terms of a divorce. Judges have for many years been willing to take prenuptial agreements into consideration but the Supreme Court went further, describing the contracts as having "decisive weight".

By a majority of 8-1, the Supreme Court dismissed the appeal brought by Nicolas Granatino, holding that in this case there were no circumstances that rendered it unfair to hold Granatino to the agreement.

What does this mean?

The decision sees a shift in the status of prenuptials. Although there is now an effective presumption that the agreement will be upheld, assuming the document has been carefully drafted by legal experts. There are exceptions to this rule if one party to the prenuptial has suffered from a material lack of disclosure, information or advice, or if the agreement fails to make adequate provision for dependent children or fail to meet one parties’ reasonable needs.

These exceptions may sound like a loophole but the Court have to take on board these facts before they interfere with a prenuptial that has been freely entered into by consenting adults. 

In this case, Granatino did not have any independent legal advice and interestingly there had also been a lack of disclosure of Radmacher's financial circumstances – factors that would have traditionally led the courts to ascribe less weight to the agreement. That said, the court decided to hold the parties to the agreement. The significant points in this case were that both parties are from other European countries where prenuptials are automatically enforced and the prenuptial was also signed in Germany. This gave the court an indication of their intentions to be legally bound by the terms.

The concern is that this will lead to an exploitation of the vulnerable and financially weaker party, who may find themselves feeling compelled to sign up to a prenuptial agreement, prepared on the other party's terms. This concern can be addressed as long as both parties have the assistance and benefit of independent legal advice at the time of drafting the prenuptial agreement. Lady Hale, who dissented the judgment, was also clear that a prenuptial should be considered as only one of a number of factors contributing to a divorce settlement. 

At present the Law Commission is engaged in preparing a report as to the status of prenuptial agreements. Prenuptials are not as a result of this decision "legal" – that remains a matter for parliament. It does allow those couples who regard prenuptials as a useful way of regulating the consequences of a possible marital breakdown to have more confidence following this Judgment as they will be considered with more weight assuming that they have been carefully drafted and regularly reviewed. 

Statistics and the media continually report that January is the month during which the most divorces are filed. It is therefore essential that if a party is seeking to rely on their prenuptial agreement that they take on board the points raised in this case. Will your prenuptial or postnuptial stand the test of time if it has not been reviewed?  I refer you to our website where more information regarding prenuptials and post-nuptial can be obtained. 

Contact Amy Walpole on ajw@rogers-norton.co.uk or go to http://www.rogers-norton.co.uk/pre-nuptial-post-nuptial-agreements.htm

Written by Amy Walpole Family Solicitor, Partner, who regularly drafts prenuptial and postnuptial agreements.

Delight as Rogers & Norton wins acclaim in top UK legal guide

Rogers & Norton has won praise for its quality service and expertise in this year’s edition of the Legal 500 – the UK’s foremost guide to leading law firms.

The Legal 500 is the most widely used legal directory in the country and is considered to be "the bible of the legal business", ranking law firms in terms of their skills and performance.

The 2010 edition (published online at www.legal500.com) highlights Norwich-based Rogers & Norton’s continued ethos of providing expert legal advice to clients – regionally, nationally and internationally.

Richard Etheridge, Managing Partner and Head of the firm’s Commercial Department, says: “We are delighted that Rogers & Norton has once again won acclaim and recognition for its first-rate work through the Legal 500, which is widely regarded as offering the definitive judgment of law firms. We are proud to have built up such a talented team and it’s very satisfying that their expertise has been both applauded and highlighted in the latest Legal 500.”

He adds: “It has certainly been a notable year for Rogers & Norton. We have strengthened our operation by bringing additional specialist expertise into the firm and promoting internally, which has led to significant gains and entries into sectors that are core to our future development. In 2011 we intend to ensure that we continue our excellent levels of service to clients both old and new, while also developing these important new sectors.

“Above all, the Rogers & Norton ethos of providing quality legal advice, delivered at a sensible cost, remains crucial to all existing and new business sectors.”

Founded in 1982, Rogers & Norton has grown from two partners to 12 partners – and now has more than 60 fee-earners and support staff.

Notable inclusions in this year’s Legal 500 see the elevation of the Rogers & Norton Dispute Resolution Team from a Tier 3 to a Tier 2 firm. The elevation recognises the excellent work done by Phil Kerridge and John Cadywould – and the arrival of Peter Hastings earlier this year.

Phil Kerridge, who continues to provide commercial dispute resolution advice to a wide variety of clients, including national companies, is also recognised for his employer-based employment law expertise. He has advised many local businesses over the last 12 months on redundancy and cost-saving matters, as well as dealing with Health & Safety prosecutions.

John Cadywould is praised in Legal 500 for his excellent reputation in commercial and contractual matters, breaches of confidentiality and defamation cases. His expertise has undoubtedly helped Rogers & Norton to ascend the rankings within the section.

This year saw the arrival of Peter Hastings, one of the region’s most prominent and experienced commercial litigators, as a new Partner at Rogers & Norton. Through his deep specialist knowledge, enthusiasm and energy, Peter has added weight to the firm’s commercial, construction and insolvency practice in addition to his HM Revenue and Customs work.

In the six months since Peter’s appointment, the practice has seen significant additions to its client database – including instructions from a national finance company, a major leisure company, international and local businesses and insolvency practitioners.

New instructions have included several multi-million pound claims from the offshore, construction and insolvency sectors, and various claims and disputes with HM Revenue Customs, including acting and advising on injunctions, appeals and judicial reviews.

The Dispute Resolution Team has seen notable success in 2010, which highlights the quality of the advice from Rogers & Norton’s experienced lawyers and has led to further strengthening of the team by way of internal promotions.

Richard Etheridge’s Commercial Department is recognised in Legal 500 for its good work ethic, delivered in a personable manner. The department continues to enjoy a wealth of instructions from the medical sector, as well as advising on local business, sales and acquisitions.

Richard works in conjunction with Partner Bruce Faulkner, who is also recognised for his licensing expertise, and the Dispute Resolution Team provides a ‘one-stop shop’ to commercial clients, whatever their business needs.

The Rogers & Norton Personal Injury and Clinical Negligence practice has in 2010 continued to maintain its excellent reputation for providing advice on a multitude of complex, multi-track personal injury and clinical negligence litigation.

Tim Nobbs has led the Clinical Negligence Department to its first year of recognition in the Legal 500’s ‘Tiers for Clinical Negligence’, following a succession of significant cases – including multi-million pound claims. His expertise and perseverance in investigating cases where many others have given up have brought this well-deserved recognition.

In the firm’s Personal Injury Department, Mark Hambling, a member of the Law Society Personal Injury Panel and recognised by the Association of Personal Injury Lawyers as a Senior Litigator, continues to thrive – with instructions on a range of multi-track personal injury cases.

Mark’s expertise has seen him succeed in a variety of cases, including instructions on cases turned down by other lawyers and where a client instructs the firm for a second opinion in cases which, on review, are undervalued.

Marc Greig, the Head of Residential Conveyancing, has continued to develop an enviable reputation with a network of local builders and developers, from whom the firm continues to enjoy and appreciate instruction.

Steve Clarke’s promotion to Partner has reinforced his reputation for providing clear and concise advice to a variety of private individuals and developers, with continued instructions from both local clients and introducers.

The Private Client Department progresses well under Catherine Hawdon and Tom Lawrence, both recognised in Legal 500 as good people to deal with and who provide advice on a variety of personal tax, trust and probate matters. They are recognised as members of the Society of Trust and Estate Practitioners.

Colin Grooms and Amy Walpole, in the Rogers & Norton Family Department, are again recognised for their experience and advocacy – as well as a growing reputation for being able to undertake high net worth ancillary relief matters. Colin, a Law Society Family Law Panel Member, and Amy manage the team, which acts for a variety of clients on cases of varying value.

ROGERS & NORTON PERSONAL INJURY LITIGATORS REACCREDITED

We are delighted to announce that Tina Myhill and Mark Hambling in our Personal Injury Department have successfully been re accredited by the Law Society as Members of the Law Society’s Accredited Personal Injury Panel.

This Accreditation demonstrates the practices commitment to ensuring the highest level of expertise in their lawyers. It also provides clients with the assurance that both Tina and Mark have been assessed independently as experts in the field of personal injury law.

At a time when there are many possible opportunities to seek advice in relation to  a potential personal injury claim, it is important to ensure the person being instructed is an expert and recognized as such by an independent body.  This accreditation provides reassurance to both clients and potential clients of the practice of the expertise and ability that Rogers & Norton has and sets us apart from many of our competitors.

In relation to Mark Hambling the Law Society Accreditation accompanies his Accreditation with the Association of Personal Injury Lawyers as a senior Personal Injury Litigator.

Concern as taxman cries foul over ‘unfair’ soccer ruling

Tax chiefs are calling for a ‘more level playing field’ when it comes to soccer clubs running into financial trouble.

HM Revenue & Customs says this summer’s controversial court ruling in favour of Portsmouth Football Club has once again highlighted the unfairness of the so-called ‘Football Creditors’ Rule’, which it is now trying to fight through wider legal action.

August’s High Court judgment meant that Portsmouth FC was free to begin the 2010/11 Championship season after a challenge to its Company Voluntary Agreement (CVA) by HMRC failed.

The taxman had wanted the proposed CVA to be blocked, arguing that it unfairly favoured football creditors over others. There was also an issue over the extent of the alleged tax liability, based on HMRC’s assessments.

While the CVA gave Pompey's administrators time to try to settle the club's debts and find new owners, HMRC was left crying foul over what it sees as a serious and industry-wide iniquity.

HMRC submitted that the CVA favoured football-based creditors – including players, who could recover 100% of money owed – over others, such as HMRC itself, meaning that "one class scoops the pool and the rest are left out in the cold”.

An HMRC statement afterwards said: "We are naturally disappointed. . . and we can confirm that we do not intend to appeal. Our aim when pursuing debt of any kind is to achieve a fair outcome for the taxpayer and we will take this forward in the wider context of the football industry through separate and outstanding legal proceedings over the status of the so-called ‘Football Creditors’ Rule’.”

More and more soccer clubs in financial crisis are likely to be shown the red card by HRMC, according to Peter Hastings, a Partner at Norwich-based law firm Rogers & Norton, who specialises in insolvency and disputes with HMRC.

Mr Hastings, who has himself acted for football clubs and trusts, says: “It is accepted that football is a unique business and that the ‘Football Creditors’ Rule’ provides preferential treatment to those within sector. So, for example, if a club owes another club some money for programmes or transfer fees, this would take priority over a debt due to a supplier or HMRC.

“We also know that most, if not all, football clubs may be technically insolvent and reliant on the generosity of rich funders. Combined with HMRC’s apparent harder attitude to the recovery of unpaid tax, this will no doubt lead to more winding-up petitions against football clubs (and other businesses). We have seen many clubs recently facing the threat of liquidation and seeking alternative forms of recovery – administration and CVAs, for example.”

Mr Hastings says: “The Portsmouth case also highlights once again the powers that HMRC has and how it can make an assessment against a business, appoint a provisional liquidator, freeze assets of the directors and in effect shut down a business and deprive the company and its directors of challenging the assessment (which, of course, it did not do with Portsmouth).

“I have acted on a number of cases where HMRC has sought to liquidate a company based on a disputed assessment, and court proceedings have had to been taken to prevent the liquidation, allowing the assessment to be appealed. It seems to be accepted that HMRC is placing a greater emphasis on the recovery of tax.

“I’ve seen an increase in businesses and individuals who are challenging assessments, detentions and seizures, statutory demands, winding-up and bankruptcy petitions. In addition, I have clients who have made proposals for repayment but are having to set up a CVA or Individual Voluntary Arrangement for such proposals to be accepted by HMRC.”

Mr Hastings adds: “There has already been a mixed reaction to Portsmouth’s success in its High Court ruling. The passionate football supporter, especially Pompey fans, have clearly been delighted – but is it right that some creditors and the taxpayer suffer in such cases?”

Peter Hastings is a Partner at Rogers & Norton Solicitors, The Old Chapel, 5-7 Willow Lane, Norwich (www.rogers-norton.co.uk). He can be contacted on 01603 675639 or via peter.hastings@rogers-norton.co.uk.

R&N Breakfast Club

Our next Breakfast Club to be held at the Theatre Royal Norwich on Tuesday September 7th.  I am delighted that Bryan Gunn, ex Norwich City and Scotland goalkeeper has agreed to be our speaker and I am sure that Bryan will continue the trend of excellent speakers that we have had at previous meetings.  Given his popularity around the city, I expect that seats will be sold very quickly and these will be allocated on a strict "first come first served" basis as usual upon receipt of your completed reply slip (please email Graham Knights to obtain one) and cheque for £12.50 payable to "Rogers & Norton".  We are restricted to seventy places at the breakfast so I would urge you to reply early if you intend to come along!

 

I look forward to seeing you at the Theatre on the 7th  September and would also like to give you dates and details of two further events that we are planning for your diary.

 

1. - Friday September 10th - Rogers & Norton Annual Golf Day in aid of Macmillan Nurses.  This event will be held as usual at Bawburgh Golf Club and all proceeds will go to this very worthy charity to co-incide with their World's Biggest Coffee Morning which we support every year.  There are still great sponsorship opportunities available to Companies by sponsoring a hole on the day at a reasonable cost of £50.00 and some team places are also available at an inclusive cost of £200.00 per team of four to include coffee and bacon roll on arrival, golf, 3 course dinner and prizes.  For further information about sponsoring or entering a team please contact me asap.

 

2. - Tuesday December 7th - Christmas Breakfast Club Meeting.  This event will be at the Theatre as usual and the speaker is yet to be announced.  This event also tends to be very popular.  More details in due course. 

 

Kind regards

Graham Knights
Practice Manager
Direct Line: 01603 675618

New Consumer Credit Directive

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.

R&N Business Leaders Lunch

On 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.

R&N Act for Oceanteam II BV

Rogers & Norton solicitors based in Norwich are delighted to announce that they have been instructed by Oceanteam II BV (a member of the worldwide Oceanteam Group of Companies) to act on its behalf. Initially, the firm’s commercial litigation group has been instructed to act for Oceanteam II BV to deal with a dispute concerning one of its Sea-Ploughs and A-Frame, valued at between £1.7 million and £2.5 million.

The Oceanteam Group is an offshore services company, which charters Large Offshore Construction Support Construction Support Vessels and Fast Support Vessels throughout the world.  Oceanteam ASA's Quarter 1 report for 2010 published a total operating revenue of €7,406,000.

Rogers & Norton, Managing Partner Richard Etheridge comments, "We are delighted to have been instructed to act for Oceanteam II BV, having acted for its UK subsidiaries recently. Our client was impressed with not only our legal skills but also the way we delivered them and our commitment to providing an excellent service to our clients".

Peter Hastings and Phil Kerridge, partners in the commercial litigation group, are acting on the dispute.  Peter adds, "The case is proceeding in the Commercial Court and within a matter of days of receiving the instructions and meeting our client, we were ready to proceed with the case and take the necessary action to ensure that we secure our client's objectives. Our client is already delighted at the strength and depth of the commercial litigation group at Rogers and Norton and the ability to complete this case quickly and successfully".

Phil Kerridge, who is the Group's Head also comments, "This new instruction follows a number of very impressive client wins on some high value litigation recently, and is in accordance with our ambitious and targeted expansion programme. We are confident that we have the expertise and structure to deal with such claims, and at the same time, ensuring we successfully act for small to medium sized businesses locally and nationally".  Peter Hastings added that he hopes the Claim can be concluded this summer.

Solicitor looks to challenge HMRC's detentions

Peter Hastings, a Partner with Rogers and Norton solicitors and specialist in claims involving HMRC (and its predecessors Customs and Excise and Inland Revenue) is calling for businesses within the alcohol and warehousing sectors and industries to contact him concerning their experiences with HMRC when HMRC have detained and/or seized goods. 

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 stock valued at millions through the Courts, by Judicial Reviews and Injunctions.  He comments: - “I very recently advised a business whose entire stock valued in excess of £1million had been detained by HMRC, whilst HMRC investigated the Duty status of the stock. This detention put the business and its employees' jobs at risk.  It was eventually released. I am now acting for another business whose entire stock has been detained, again pending an investigation. There are no apparent suspicions for believing that Duty has not been paid; HMRC are investigating the “chain” and 6 weeks after the detention, no progress appears to have been made. My client has had to make redundancies, even though there is no suggestion or evidence that my client has acted unlawfully in anyway. We are now preparing Court proceedings to seek the release of the stock and damages for conversion. HMRC, in my opinion, do not have reasonable grounds to suspect that the alcohol was or is liable to forfeiture. Certainly no grounds or suspicions were disclosed at the time of the detention”.

Peter adds "I also consider that such detentions may be a breach of Article 1 of the First Protocol, European Convention on Human Rights. Even if there were grounds to detain, the decision to seize or return the stock really must be made within 4 weeks in my view, not just as a matter of law but for the sake of legitimate businesses, the economy and jobs. HMRC's powers derive from  the Customs and Excise Management Act 1979. Although it is relatively recent, it is in my view outdated and needs to be amended. HMRC want to be satisfied that duty has been paid and quite rightly have concerns on "missing traders".  However, it is impossible for legitimate businesses to prove this, unless they have bought direct from the brewer/manufacturer.  Of course, we all want to work with HMRC to ensure that Duty and VAT is paid, as required.  That is not the issue. I know that those within the industry are calling for a system that protects both HMRC and also legitimate businesses.  I therefore want to hear from businesses that have faced or are facing such problems, including their experiences of responding to assessments raised and being unable to appeal these due to the lack of funding.  I will then consider whether there are good prospects in challenging HMRC's powers and the current legislation, and at the time finding a solution to the current system.  We already have interest from one MP in the North on this”.

Contact Peter on 01603 666001 or ph@rogers-norton.co.uk.

Newsflash: Are HIPS History ?

The new Housing Minister, Grant Shapps announced today that with effect from the 21^st 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 Greig, Partner in Rogers & Norton’s Residential Conveyancing Department, welcomed the news and explained that the Home Information Pack has not in his experience hastened or indeed improved the conveyancing process.

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 Marc Greig.

marc.greig@rogers-norton.co.uk

Telephone 01603 675614.

 

R&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 joins the firm after nine years with another Norwich firm where he was head of its Commercial Litigation Department.   Steve Clarke has been with Rogers and Norton for four years, working with the Conveyancing Team and becomes the firm’s first non-solicitor partner.

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, Technology and Construction Court, Companies Court and with VAT and Tax Tribunals.

Peter Hastings said, “When I knew it was time to move on deciding to join Rogers and Norton was easy.  I have never heard a bad word said about them; it’s a very friendly, but highly professional, firm with a strong leadership that is clearly going places.  I am looking forward to playing my part in its continued expansion.”

Steve Clarke started his career with a Norwich law firm as the office junior straight from school.  Over the next 12 years he worked his way up specialising in conveyancing.

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 has 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.

Peter Hastings  Steve Clarke  Tom Lawrence  Catherine Hawdon

Richard Etheridge

Managing Partner

Tom 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, who qualified as a solicitor five years ago, joined R&N in 2007 and specialises in wills, probate, trusts, inheritance issues and powers of attorney.

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.”

Click the following link for an article on Tom's promotion on the Law Society Website - http://www.lawgazette.co.uk/node/54395.

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 RETAILERS

The 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.

Mandatory licensing condition	Coming into force
Banning promotions such as “all you can drink for £10” or “women drink free” deals.	6 April 2010
Banning “dentist’s chairs” where alcohol is poured directly into the mouths of customers.	6 April 2010
Ensuring free tap water is available for all customers.	6 April 2010
Making sure all sellers of alcohol have an age-verification policy in place.	1 October 2010
Ensuring small measures of alcoholic drinks are made available to customers.	1 October 2010

Penalties for breaching the code

Premises that breach any of the above conditions will risk a range of sanctions, including:

• Having additional conditions imposed on their licence.
• Losing their licence.
• A maximum £20,000 fine and/or six months imprisonment.

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.

£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.

"Rogers & Norton have once again surpassed themselves by organising their golf day to support us,” said Helen Chapman, Macmillan’s Fund Raising Manager. “Raising over £3,000 is fantastic, especially in the current economic climate. It is enough to fund our Mobile Information Centre to visit Norfolk for a day, bringing cancer information to the community or to fund a Macmillan nurse for just under a month. I would like to thank Rogers & Norton for holding the golf day and everyone who took part.”

Macmillan does such a superb job across Norfolk which is why we support their Coffee Morning every year. I am sure that is why people responded most generously on the day as they knew the money was going to such a worthy cause.

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 Panto

We 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.

With the brilliant help of the Theatre Royal staff we were able to make it a really special event as the children were treated to a back stage tour and had their own tea party before enthusiastically enjoying the Panto!

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.

R&N 5-a-side League

Following the completion of another competitive season of 5-A-Side football in the Rogers & Norton Football League the presentations were made today to Larking Gowen and TSI Structures, for winning their respective divisions.

Thank you to all the teams that took part in the leagues last year. If there are any other professional organisations that would like to join the League please feel free to contact Paul Warden on 01603 675628 or pw@rogers-norton.co.uk. Our league is played on a friendly but competitive basis with no referees. The current format allows each team to play a home and an away fixture at a time and day to suit both teams. We look forward to welcoming you into our league soon.


Larking Gowen receiving the Division 1 trophy from our Practice Manager: From Left to Right: Matt Pilgrim, Steve Van Raalte, Shaun Powley.

TSI Structures receiving the Division 2 trophy from our Practice Manager: From Left to Right: Stephen Wright, Matthew Wright, Marty Broadwater, Scott Measures, Gavin Douglass, David Williams.