Breaking News from R&N

Promotions as Rogers and Norton strengthens team

 

Partner Amy Walpole has been promoted to head of the firm's family department.  Amy joined the firm in 2002 and qualified as a solicitor in 2003 before becoming a partner of the practice three years ago.  Amy is highly experienced in advising clients on divorce, separation and ancillary relief matters. 

amy.walpole@rogers-norton.co.uk

 

Tom Lawrence, previously an associate with the firm, has become a partner and head of the wills and probate department. Tom joined Rogers & Norton four years ago and specialises in wills, trusts, administration of estates and powers of attorney.  The 2009 edition of the Legal 500 praised him for having “built a reputation for high quality and attentive service”.

tom.lawrence@rogers-norton.co.uk

Managing partner Richard Etheridge said: “We are delighted to announce these two promotions at Rogers & Norton because we attach great importance to nurturing and rewarding talent within our expert team.  Tom and Amy have proved to be industrious, committed and highly able solicitors who we believe will play key roles in the future development and direction of our firm.” 

Founded in 1982, Rogers & Norton has grown from two partners to 12 partners and now has more than 60 fee-earners and support staff. The firm is based in The Old Chapel, Willow Lane, Norwich. 

For further information please contact Amy Walpole on 01603 675604 or Tom Lawrence on 01603 675610.  

www.rogers-norton.co.uk

Rogers and Norton host Bribery Act seminar

Rogers & Norton's Commercial Teams held a workshop on The Bribery Act 2010 at its office on 9 February 2011. 

The Act was due to come into force on 1st April 2011 but has been suspended until 2012. However, speakers Peter Hastings and Lauren Coleman explained to the appreciative audience that the changes due will affect many clients and introducers in the everyday running of their business, with tough penalties such as unlimited fines and imprisonment for business owners and directors found guilty of bribery offences being introduced.  Peter added "Ignorance will be no defence - directors will still be liable and must have demonstrable, active anti-bribery and anti-corruption policies and procedures in place. " Lauren advised the audience that "commercial organisations must incorporate anti-corruption elements into their code of conduct, risk management, due diligence, decision making, procurement and contract management, employee vetting and disciplinary procedures. The organisation must ensure relevant staff are appropriately trained in these areas. Organisations should establish gifts and hospitality policies and registers".

One of the attendees commented " Thank you for last night's presentation which answered several questions that are likely to arise in the various worlds that I work in. It gave a clear idea of the consequences of not having procedures and policies in place - so, as part of the ISO9001 quality system ,that I work on I shall be drafting some policies for my MD to look at as a matter of some urgency.Thank you for arranging the event".

The firm will be organising a series of workshops for businesses and directors and private clients, and also aimed at particular sectors including the construction and healthcare sectors.

Government Announces Abolition of the Default Retirement Age

As widely predicted, the Government announced plans last week to abolish the default retirement age of 65 with effect from the 1^st October 2011. 

Phil Kerridge, head of Employment Law at the Firm, believes that it is vital that businesses understand the impact that the abolition of the DRA will have on them, both in terms of any employees who are approaching (or have passed) the age of 65 and beyond.

“Under current legislation, retirement is one of the grounds of fair dismissal, provided that employers follow a procedure that basically requires them (amongst other things) to give any employee at least 6 months notice of their intention to retire them.

In the short term, if an employer is considering retiring an employee who is due to reach (or who has already reached) the age of 65, the current rules will continue to apply provided that retirement is due to take place by no later than 30^th September 2011.  This will require notice to have been given by no later than 30^th March 2011.

Longer term, employers will find it much more difficult to fall back on the retirement provisions as an alternative to addressing performance issues with their elder staff, which I believe is what often happens at present.  The abolition of the DRA will, for most employers, place far greater emphasis on the need to have regular appraisals/workplace discussions with their workforce.  These will have to be very carefully handled so as to avoid any suggestion that the employer is acting in a discriminatory fashion.”

Phil Kerridge can be contacted for further advice on this subject or any other employment matter on 01603 675603 or at pnk@rogers-norton.co.uk

Christmas Panto

On Thursday 6th January 2011 for the second year running we hosted a late Christmas party for 24 children associated with the Charity, Nelson's Journey at the Theatre Royal in Norwich instead of sending Corporate Christmas cards.  The children were joined by some of the cast from the panto and Nelson the Cat, the symbol of the Charity, during the party.  After the party the children watched the Pantomime, Jack and the Beanstalk and a great time was had by everyone, even the adults and helpers as the photographs show!

Nelson's Journey is a Charity based in Norfolk which helps children affected by a bereavement of some kind and does some sterling work in rebuilding confidence and acceptance in those children. We are delighted to announce that they will be our chosen Charity for 2011 and we look forward to working closely with them to raise lots of money for them under their project called "Smiles Appeal" during the year. 

Further information about the Charity can be obtained from www.nelsonsjourney.org.uk.

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.