Member News

Rapidly-evolving energy production technology services company Proserv has consolidated its position for sustainable growth and future expansion following the successful completion of a $215million (approximately £133million) refinancing agreement.

The term loan and revolving credit facility, which is being supported by HSBC, Lloyds, Barclays, Santander, Wells Fargo and RBS after Simmons and Co Aberdeen advised Proserv on arranging the corporate finance, will be used to pay down existing debt, pursue new strategic acquisitions and support the company’s continued growth strategy.

Proserv has experienced exceptional growth within the past two years with turnover rising from £112million ($181million) in 2011 to around £196million ($316million) within 12 months.

The refinancing agreement reinforces Proserv’s market-leading position and fast-growing status as a leading provider of exploration & production, drilling, and infrastructure technical solutions and services to the global energy industry.

It also comes after the company made two high-profile acquisitions in 2012 which not only bolstered its capabilities but saw its global talent pool increase by more than 600 people to over 1,600.

David Lamont, Proserv’s chief executive officer, said: “In light of the difficult economic climate and challenging conditions faced by many businesses globally, to be able to secure refinancing at this level is a huge testament to the confidence that the financial community have in our company and in its future prosperity.

“Proserv is entering an exciting new era and the new refinancing agreement will underpin our strong business plan for growth which includes investing in complementary world-class technologies and building on our existing range of value-added products and services, often through new strategic acquisitions.”

Steve Hewes, Head of Leveraged Finance Scotland at HSBC Bank Plc, said: “Proserv represents a prime example of the positive trends we are seeing in the Aberdeen market, with local jobs being created to help facilitate ongoing and sustained international growth. With a proven trading track record, market leading suite of products and services and high quality management team, Proserv is excellently placed to further benefit from the positive fundamentals supporting the global offshore oil & gas industry.

“HSBC is delighted to play a leading role in this refinancing which not only underlines our positive relationship with Proserv, but assists with the company’s continued growth aspirations, both organically and via acquisition.”

Jimmy Williamson, Director at Lloyds Bank Commercial Banking Acquisition Finance, said: “The Proserv team have done an excellent job of integrating five specialist businesses into a leading provider for the exploration & production, drilling and subsea market sectors, and is forecast for exceptionally strong growth. This refinancing, which has allowed us to cement our relationship with a leading sponsor and strong management team, demonstrates the company’s robust track record and strong growth trajectory.”

Proserv, which is headquartered in Westhill, Aberdeenshire, UK, specialises in exploration & production, drilling, and infrastructure technical solutions and services to the global energy industry. The company operates worldwide from 30 sites in 6 geographical regions namely North UK & Africa, South UK & Europe, Scandinavia, the Americas, Middle East & North Africa and the Far East & Australia.

Last month, the company announced that it had acquired a major US company, Total Instrumentation & Controls (TIC), which is based in Houston and specialises in advanced process and control systems equipment. The deal saw TIC’s entire American-based workforce of more than 300 people joining forces with the company under the Proserv mantle.

More than 300 members of Weatherford staff also joined Proserv last year after it acquired the company’s subsea controls subsidiaries, further strengthening its rapidly-expanding range of subsea capabilities and specialist integrated services.

For more information about Proserv, visit: www.proserv.com

Steeles Law Head of Planning and Environment David Merson reports on Ipswich Borough Council’s latest development plan proposals for the ‘Northern Fringe Area’.

Ipswich Borough Council has, as part of its Core Strategy (Policy CS10), identified an area of approximately 200ha on the northern edge of its urban area, between Henley Road in the west and Tuddenham Road in the east (the Northern Fringe Area) as land for the development of 1,000 – 1,500 dwellings and associated facilities prior to 2021 on part, and as a broad area for up to a further 3,000 – 3,500 dwellings and associated facilities after 2021 on the remainder.

The Council is in the process of preparing a Supplementary Planning Document providing a development brief to: guide the development of the whole Northern Fringe Area; identify the infrastructure that developments will need to deliver on a comprehensive basis alongside new housing, including community facilities and, at an appropriate stage, the provision of a railway crossing to link potential development phases, in the interests of sustainability and integration; and set out a schedule of infrastructure charges.

As part of that process, the Council is holding a public consultation exercise seeking views on its proposals. This exercise is to run for six weeks from 10:00am on Saturday 12 January until 5:00pm on Friday 22 February and will include various ‘drop-in presentations’ and a public meeting together with presentations to two Area Committees.

The Issues and Options Report is available online at the Council’s website and copies can also be obtained direct from the Council.

If you are affected by these proposals and wish to have assistance in making representations to the Council or require further information or advice on any issues raised in this article or any other planning and environmental matter please contact David Merson on 020 7421 1720 or at dmerson@steeleslaw.co.uk

Following the Christmas festivities, sadly it is common for Steeles Law’s family team to receive an increased number of new enquiries from spouses or partners requiring advice in relation to divorce or separation at this time of year.

This trend appears to be attributable to the fact that Christmas is a trigger for spouses or partners who feel that they cannot continue with the relationship any longer, although generally separation is something that couples might have been contemplating for quite a while beforehand.

Often couples will have spent two weeks at home together during the Christmas and New Year period, which is often the only time of the year that so much time is spent together. There can then be the added stress of many family gatherings with relatives having stayed overnight, sometimes for days. There are also additional strains of office parties and lots of alcohol consumption which can all play a part if there are already problems in a relationship.

Some clients see the start of a New Year as a symbol of a fresh start and often couples already considering separation will decide that they will wait until the New Year before they take any action which suggests that the rise in separation at this time of year is not just down to the festivities.

Looking back over divorce petitions issued during 2012, our family team has noted that interestingly the most common dates stated as being the date of separation are either 31 December or 1 January.

Amanda Owens, head of our family team, commented that the current recession is creating additional pressure for couples and can also influence their decision on whether or not to separate. “We have seen an increasing number of couples who have delayed separation due to falling values in property prices and other investments”.

She further commented that couples are also increasingly trying to reduce the costs of resolving their problems by dealing with their own divorce or dissolution as well as seeing an increased number of couples willing to consider mediation.

In order to address some of the concerns held by clients, Steeles Law has recently launched fixed fees, which help to provide certainty as to the cost of a divorce or dissolution. The costs of the fixed fee divorce start from £450 plus VAT.

In addition to this, Steeles Law is also offering fixed fees dealing with the related financial settlement.

Unfortunately separation is not easy at any time of the year, however at Steeles Law our family team strives to help you deal with the issues in an empathetic and timely manner and in the most cost effective way for our clients as possible.

If you are considering divorce, dissolution or separation the outcome always depends on the circumstances of each case and therefore we would urge anyone about to embark on this to seek independent legal advice at the earliest opportunity.

For further information visit www.steeleslaw.co.uk, or to arrange for a fixed fee appointment with one of our practitioners, please email family@steeleslaw.co.uk or telephone 01603 598000.

Rural Norfolk firm celebrates a decade of milestones including over £4m gross turnover.Naked Marketing is pleased to announce it is celebrating its tenth anniversary serving international and local clients from its offices in Hingham, Norfolk.

Despite a double-dip recession, since its inception in 2002 the full-service agency has doubled in size, appointed a Non-Executive Director, purchased its own business premises, and received various trade awards.

“We’re thrilled not only to be in business ten years on but to actually be thriving in spite of the current economic climate,” says Ben Handford, Managing Director and co-founder, Naked Marketing. “We remain as excited about each milestone as we were when we sent out our first ever invoice, and banked our first cheque – they’re now just bigger, like buying our own building, and working with some of the world’s biggest brands.”

The Norfolk-based team, including co-founder David Lloyd, Creative Director, provides marketing, advertising, branding, e-marketing, PR and more for brands such as Qantas™ Airlines, Weight Watchers®, Hello Kitty, and Mind, the mental health charity – as well as for several local businesses including Norfolk Country Cottages, Bryan Turner Kitchens and Hobbies. “We treat our customers equally regardless of the scope or scale of their project,” explains Ben. “We’re optimistic we’ll continue to grow this way, by living our ‘Naked’ philosophy: being transparent, honest and attentive in our business relationships, and maintaining our quality of work.”

Naked recently received the Business Partnership Award from Mind and were runners up at Hello Kitty’s design day annual awards. Naked were also delighted earlier this year when they were recognised as one of the first businesses in Norfolk to receive the Carbon Charter award.

On behalf of a corporate client, Steeles Law’s Tax Litigation Team has recently secured the withdrawal by HMRC of an assessment of VAT in excess of £230,000.

During the summer of 2011, our client received an assessment of Value Added Tax in relation to the import and subsequent export of products to and from the United Kingdom. The assessment related to VAT which HMRC alleged was due from 104 imports and 58 subsequent exports.

Following the assessment by HMRC, our client sought a review and employed its corporate accountants to assist it with making representations to HMRC.

In the autumn of 2011, a review officer of HMRC confirmed the assessment and demands for payment in excess of £230,000 were issued to the client. As a result of the assessment, the client ceased trading.

Following confirmation of the assessment, having searched for law firms with relevant experience, the Team was instructed to assist.

Within one month of the review decision, the Team had reviewed the client’s position, considered the reasons behind the assessment and HMRC’s review officer’s findings in relation to it, and filed a detailed appeal against the assessment.

In addition to filing the grounds of appeal, the Team was able to secure a certificate of hardship from HMRC to enable the appeal to proceed without prior payment of the assessed VAT.

The grounds of appeal cited, amongst other things, our client’s eligibility for Onward Supply Relief, a discretionary ground for HMRC to waive VAT under the Value Added Tax Act 1994, and the unreasonableness of HMRC’s position in light of the European Convention on Human Rights.

Upon consideration of the appeal by HMRC’s Solicitors’ Office, HMRC has recently withdrawn the review decision and the assessment.

Ian Robotham, Associate in the Team and the fee earner with the lead role in this particular case comments:

“This really is a fantastic result for this corporate client. In light the Team’s prompt actions we have secured the complete withdrawal of an assessment of nearly a quarter of a million pounds incorrectly levied against our client.

“The assessment led to the client having to cease trading unless and until the assessment was withdrawn or successfully appealed. Thankfully, I can say that after our representations, the assessment was withdrawn by HMRC. The hope is that the client can now recommence trading.”

At Steeles Law, our Tax Litigation team continues to act for a wide range of clients in disputes with HMRC. We are experienced in acting for individuals, sole traders, partnerships and limited companies in disputes relating to the different types of tax. We have also represented clients in the different venues which can hear tax disputes, from the First Tier Tax Chamber to the High Court.

If you need any assistance with a tax dispute, please contact Ian Robotham on 01603 598000, or click here for the Team’s contact details.

Click here for links to other related news stories of the Team’s notable successes.

New limits for compensation awards by employment tribunals have been announced and will take effect from 1 February 2013. Steeles Law trainee solicitor Laura Tanguay and Professional Support Lawyer Elizabeth Stevens report.

On 1 February 2013, the maximum compensatory award for unfair dismissal will rise from £72,300 to £74,200 and the maximum amount of a statutory week’s pay, used to calculate statutory redundancy pay (among other things), will rise from £430 to £450.

The figures reflect an RPI increase of 2.6% in the year to September 2012.

Summary of changes:

• Maximum compensatory award for unfair dismissal: increasing from £72,300 to £74,200
• Maximum limit on a week’s pay: increasing from £430 to £450
• Minimum basic award for certain unfair dismissals (dismissals for reasons of trade union membership or activities, health and safety duties, pension scheme trustee duties or acting as an employee representative): increasing from £5,300 to £5,500
• Maximum basic award or statutory redundancy payment: increasing from £12,900 to £13,500

These new rates will apply in instances where the effective date of termination falls on or after 1 February 2013.

For any employment enquiries please contact the Steeles Law employment team on employment@steeleslaw.co.uk or 01603 598000.

Great Yarmouth based market-leading energy production technology services company Proserv has bolstered its rapidly-evolving global footprint and specialist integrated services after acquiring major US company, Total Instrumentation & Controls (TIC).

The acquisition of Houston-based TIC, which specialises in advanced process and control systems equipment and has a second manufacturing facility in Lafayette (LA), also significantly increases Proserv’s talent pool by more than 300 people to over 1600 with the entire American-based workforce joining forces with the company under the Proserv mantle.

TIC provides a broad range of installation and maintenance services to equipment manufacturing, drilling, production and pipeline companies. Specialising in blow-out prevention (BOP) stacking and installation services for offshore applications, the company manufactures drilling and production control systems and supplies ancillary subsea components such as remote terminal units (RTUs) and topside umbilical termination units (TUTUs).

The deal reinforces Proserv’s position as a leading player in the drilling and production controls market and provides the company with enhanced capabilities to expand its offering into the BOP subsea controls and services sector.

David Lamont, Proserv’s chief executive officer, said: “The acquisition of TIC is completely in line with our ambitious growth strategy – investing in companies and complementary world-class technologies that strengthen our suite of innovative products and services.

“This is a significant development for Proserv as TIC is a leading independent contractor to subsea BOP manufacturers, meaning the deal will create a greater strong-hold for Proserv in the Gulf of Mexico market, enhancing our integrated capabilities. In turn, this will allow us to cross-sell Proserv products and services through TIC’s customer base, creating considerably more capacity to develop our international business.

“Existing product lines, such as our Gilmore Valve range, are complemented by TIC’s service offering and will enable us to provide the offshore and land based drilling sector with a more comprehensive drilling controls solution.

“We are thrilled to welcome the TIC team to Proserv. They bring a broad range of technical skills and experience, but most importantly they share our core values and ambition to be the provider of choice to our customers and together, as one company, we are even stronger.”

Steve Lykins, chief operating officer at TIC, said: “We are delighted to become part of the Proserv family and believe it will create a unique opportunity to grow our business to benefit our customers and our people.

“TIC has been a leading expert in process control and safety shutdown systems and services for over 20 years and through Proserv’s global footprint and world-class portfolio of services, we can look to strengthen our service capabilities and accelerate our international expansion.”

Proserv is a market-leading company specialising in exploration & production, drilling, and infrastructure technical solutions and services to the global energy industry. The company operates worldwide from 30 sites in 6 geographical regions namely North UK & Africa, South UK & Europe, Scandinavia, the Americas, Middle East & North Africa and the Far East & Australia.

Proserv has experienced exceptional growth over the past 12 months particularly in the subsea services sector. Earlier this year, more than 300 members of Weatherford staff joined Proserv when the company’s subsea controls subsidiaries were acquired in May.

For more information about Proserv, visit: www.proserv.com

After 2 years of searching in the final part of 2012 The RedCat Partnership has finally found a suitable provider of eLearning the Chartered Institute of Environmental Health (CIEH)

The CIEH is one of the most respected awarding bodies that provide training and we are excited to be able to increase our portfolio;

NB we are still delivering face to face training but see eLearning as a valuable addition to the courses we offer- and eLearning has enabled us to blend the traditional face to face courses- reducing time & cost to clients

What is eLearning?

eLearning is another way of studying – you are no longer tied down to fixed dates and times. eLearning increases flexibility and you can complete your study at a date and time to suit you; it is therefore more convienient. Clients can chose for the staff still to undertake the training at work or at home

Some of the advantages of CIEH eLearning:

– Learning is self-paced – you chose your pace and you can go back over the modules covered

– Learning is self directed

– The eLearning incorporates different delivery methods – it is varied and engaging

-The content is fresh and modern

– It does not require physical attendance

-You have the support of one of the RedCat team to help you should you need any assistance

-We can also provide a course book if we believe this is beneficial (e.g. for Level 2 Food Safety)

-There are instant reports and training records

-There are revision questions and activities

-There is an end test with a record of completion that you can print off

What eLearning courses are available?

Level 1 – induction level:

-Level 1 Food Safety

-Level 1 Health and Safety

-Introduction to First Aid

-Introduction to Environmental Awareness

Level 2 – suitable for all employees:

– Level 2 Food Safety

– Level 2 Health and Safety

– Level 2 COSHH (Hazardous Substances)

– Level 2 Principles of Manual Handling

-Level 2 Fire Safety

Interested in a course?

– What to do : Call us to discuss your training options

– Booking: We will require a booking form to be completed and then we will invoice you (payment by BACS is required)

– Cost: This depends on the package selected: see individual course flyers & the quantity booked

– After booking: You will receive and email with your ‘log in’ details. After logging in for the first time you will need to change your password and remember to exit correctly from each module – you are free to progress at your own pace! To check requirements and the view a demo vist www.cieh-elearning.com

– Support: The RedCat team are on hand to help at any (reasonable) time.

Contact us on www.redcat.gb.com or 01603 502136

NB we are still delivering face to face training- see the website for full details- and give us a call to discuss how we can help you!

So if you need staff training quickly and efficiently do give us a call

Steeles Law Head of Planning & Environment David Merson looks at the Coalition’s proposals to revise the Judicial Review process.

Chris Grayling, the Lord Chancellor and Secretary of State for Justice, has today issued a consultation paper entitled ‘Judicial Review: proposals for reform’.

The paper sets out the reforms the Coalition propose to make in three key areas of the Judicial Review process namely: (i) the time limits within which Judicial Review proceedings must be brought; (ii) the procedure for applying for permission to bring Judicial Review proceedings; and (iii) the fees charged in Judicial Review proceedings.

In respect of the first, the paper identifies two categories of case to which the proposed shorter time limit might be appropriate one of which is planning decisions although on the Coalition’s own figures this is certainly not an area responsible for the bulk of Judicial Review applications.

In coming up with its proposal the Coalition seeks to draw parallels with the statutory appeals process in planning. This is however unhelpful because Judicial Review deals with procedural failings which may not always be apparent at the time of the decision and certainly will not have been considered in any detail in the preceding considerations as opposed to the appeals process which deals with merits which will have previously been considered at the pre-application stage, at the determination stage and at the appeal stage before the matter ever reaches the court. This means that on the one hand one is looking at issues that are only just emerging from investigation and inter party exchanges including discovery and Freedom of Information requests as opposed to ones that have been argued and honed down very clearly in a number of different arenas.

In addition, the reduced time limit will not provide for sufficient time to deal with either the pre-action protocol requirements introduced to try and bring about a consensual resolution without the need to resort to the court or the funding issues that so very often arise when third party challenges are in contemplation.

Despite what the Coalition believes it is thought likely that this proposal will lead to more proceedings being issued if only to protect positions while the protocol ‘Letter before action’ and funding issues are addressed.

In addition there may be scope for other avenues of challenge.

For one, the judicial discretion to extend the time limit in limited exceptional cases may fall foul of European requirements of certainty particularly in Environmental Law cases.

It is also noted that the proposed time limit is shorter than that allowed for challenging decisions of the European Institutions and may therefore be susceptible to challenge particularly in relation to those challenges which are based in Environmental Law on for example access to justice under the Aarhus Convention or failures to apply or properly apply European Directives dealing with Habits and Protected Species.

In respect of the second limb of reform the Coalition proposes changes to the procedure for permission to restrict the number of opportunities available. In cases where the claimant has been refused permission on the papers, and the matter is one which has been the subject of a prior judicial hearing, the claimant’s right to ask for an oral renewal of the application for permission would be removed and any appeal to the Court of Appeal would also be on the papers only.

Finally, in respect of the third limb of reform, the Coalition proposes that the applicant should pay a fee for an oral renewal of an application for permission to be set at the same level as for a full hearing of the Judicial Review (currently £215 but under current general proposals rising to £235). Where the application for permission is successful it is proposed that the further fee for a full Judicial Review hearing would be waived but it should be noted that the Coalition will consider the scope for adjusting fees further over time so that they reflect the full costs of providing the service.

The deadline for consultation responses is 24 January 2013 which can be submitted on-line, by e-mail or by post and full details of the proposals and consultation can be found here.

If you require further information or advice on any issues raised in this article or any other planning & environmental matter please contact David Merson on 020 7421 1720 or dmerson@steeleslaw.co.uk

At yesterday’s Norwich Business Breakfast, GGS ran a ‘Spot the Difference’ competition for everyone attending.

Seen here, Caroline Williams, CEO of Norfolk Chamber of Commerce, draws the first prize winner, accompanied by Photography Director of GGS, Peter Griffin ABIPP.

The first prize is £250 worth of professional photography, to help the winner kick start their 2013 marketing campaign, along with a bottle of bubbly, which was won by Owen Morgan of The Space.

There were also two lucky runners up, each winning £100 worth of professional photography. These were won by Alex Thorpe of Towergate and Andrew Hirst of Word Perfect.

Steeles Law has launched its new website – take a look at: https://www.steeleslaw.co.uk/ to find out more about our services, our people and tokeep up-to-date with our news, events and publications.

Creative design agency TMS Media has won three major exhibition contracts in the last month, together worth nearly a quarter of a million pounds.

One deal is to design, install and project manage exhibition stands for a national pharmaceutical company at 10 conferences across the UK over the next two years. The others are both supporting the regional energy industry.

“It’s the biggest ever batch of exhibition business I can recall,” said Jimmy Hartwell, exhibitions manager for TMS Media.

“Clients tell us we always go the extra mile and I’m delighted with that reputation. We believe in attention to detail and on-site one-to-one support for all our clients and exhibitors, drawing on information and knowledge gleaned over many years.”

TMS will project manage and coordinate an exhibition stand for 18 regional energy companies at Offshore Europe 2013 in Aberdeen next September, one of the world’s leading oil and gas events. Working for NSea (the Norfolk and Suffolk Energy Alliance), the project aims to give the East of England Energy Zone the highest possible profile in an arena expected to attract around 48,000 international visitors.

Next March, TMS will also project manage the two-day SNS2013 Conference, Exhibition and Gala Night for EEEGR (East of England Energy Group) at the Norfolk Showground. It includes the installation and co-ordination of 80 booths for exhibitors – the biggest ever showcase of its kind by EEEGR.

Working for the pharmaceutical company will involve TMS in creating various stands at major events like the British Renal Society Conference and the British Society for Haematology Scientific Conference. The new contract follows four years of successful exhibition work with the same company.

Based at the Gapton Hall estate, TMS Media has been providing design, publicity, website and other marketing services for more than 20 years.