Member News

The number of opposite sex cohabiting couple families has increased significantly, according to the latest statistical bulletin on families and households released by the Office for National Statistics on 1 November 2012.

In 1996 there were 1.5 million opposite sex cohabiting families. That has risen to 2.9 million in 2012. The number of dependant children living in opposite sex cohabiting couple families doubled from 0.9 million to 1.8 million over the same period.

Emma Alfieri, Legal Executive in Steeles Law’s family law team comments: “We have certainly seen a trend in growing numbers of couples who are living together without formalising their relationship and many find themselves surprised by their own situation. This is because many people do not realise that there is no such thing as “common law marriage” in England and Wales. As such, there is no protection for a (financially) vulnerable party. Whilst there have been proposals for a cohabitation law in England, at the moment there is no protection for cohabitants as such.

When there are problems and relationships breakdown, the law is not clear, as it is in respect of divorce and civil partnership dissolution.

Couples can and should consider having a cohabitation agreement drawn up to confirm the parties intentions at the outset.

If you would like further advice in respect of co-habitation, please contact Steeles Law’s family law team who can provide you with detailed advice about your rights and how to protect them.

Ashton KCJ features strongly in the 2013 Chambers & Partners directory, which has just been published.

One of the leading directories of the legal profession, Chambers & Partners ranks law firms and individual lawyers on their technical ability, professional conduct and client service, along with other qualities which are most valued by clients.

For the firm overall, four of our teams have increased their rankings this year. These are our Agriculture and Estates team, which is described as “very professional with high standards of integrity”, our Real Estate team in Ipswich, which is described as “very much client-focused”, our Corporate team in Ipswich and our Real Estate Litigation teams in Ipswich and Cambridge.

Both our Personal Injury and Clinical Negligence teams achieved tier 1 status once again this year, a position they have held for over 10 years. For Clinical Negligence, we were described as “a quality firm with an excellent reputation”.

Our Dispute Resolution team was described as having “a superb reputation” and for Family Law, we were noted for our “approachability, and practical and pragmatic approach to problems to get the best result”.

In the individual rankings, 16 individuals have increased their rankings compared with last year, with eight of our partners being listed in tier 1. These are:

Rob Adam (Real Estate Litigation) Tom Cook (Clinical Negligence) Richard Foyster (Personal Injury) Michael Frape (Real Estate Litigation) Robert Gair (Personal Injury) Luke Hibbert (Dispute Resolution) Sandra Patton (Clinical Negligence) Hannah Rutterford (Personal Injury)

New Norwich-based Partner, Damian Humphrey, was described as an “extremely capable lawyer” and Ipswich-based Corporate lawyer, Petra Sharp was described as ‘up and coming’.

Here are a selection of the quotes attributed to our lawyers:

“A terrific guy who is good at sitting down with clients” (Alan Brown, Head of Individual Services) “An impressive operator and very confident” (Ruth Booy, Head of Injury Services) “Delightful to work with and very steely” (Hannah Rutterford, Partner, Personal Injury) “Capable, conscientious and quick to respond” (Geoff Hazlewood, Partner, Corporate & Commercial) “Combination of great client services and legal acumen” (Jeanette Dennis, Partner, Agriculture & Estates) “Highly recommended by clients for his patience and calm professionalism” (Luke Hibbert, Partner, Dispute Resolution) “He is clearly an expert in his field” (Charles Webb, Head of Commercial Property) “Noted for his ability to marshall a robust defence” (Julian Outen, Partner, Employment)

Simon Smith, CEO at Ashton KCJ, says: “We are delighted with these results, which have closely followed the strong endorsement we received from the Legal 500 guide, where we joined the shortlist of ‘regional heavyweight’ law firms for the first time. To have achieved this just one year after our merger was an incredible result. Endorsements from respected, independent sources such as the Legal 500 and Chambers & Partners demonstrate our commitment to providing exceptional client service across all areas of the firm.”

Bigfork have designed and built a new website for the Park Farm Country Hotel in Hethersett. The new website has a modern and easy to use design and focuses on positioning Park Farm as a quality 4 star hotel for Norwich. The new website has an easy to use content management system for the Park Farm team to manage the websites content inhouse.

https://www.parkfarm-hotel.co.uk/

Filmmakers around the world now have some of the most exciting and powerful video effects and editing features at their fingertips, at entry-level prices, with the launch of HitFilm 2 from FXhome.

Fast to learn, and with limitless potential for discovery, the new software will enable beginner and semi-pro filmmakers alike to push the boundaries of video editing, visual effects and compositing without any compromises.

Just two highlights of the flagship package include the ability to work with 3D models and an all-new array-based particle system that can create fantastic, organic patterns and fractal shapes that would be impossible to achieve in a conventional particle simulator. These powerful tools will enable filmmakers to realise their creative visions with stunning professional results.

Users will also be able to play their animations back in real time with the new RAM Preview facility, allowing for uninterrupted workflow and easy review of footage.

Joshua Davies, FXhome founder and CEO said: “HitFilm 2 Ultimate is about giving our customers the best power-to-price ratio the post-production world has ever seen. Until now, this level of performance would have cost thousands of dollars. HitFilm 2 Ultimate is the only product to combine editing, visual effects and compositing without any compromises.”

HitFilm 2, FXhome’s flagship video editing, visual effects and compositing software is a major upgrade to an already much-loved package. New features in HitFilm 2 Ultimate include 3D model import, expanded editing features, advanced green screen removal, 17 new pro effects, mocha HitFilm from Imagineer Systems and Sony Vegas™ Pro 12 integration.

In addition to HitFilm’s 2D optical flow feature tracking, mocha HitFilm, created by Imagineer Systems exclusively for FXhome, provides planar tracking and 3D camera solving for all HitFilm 2 Ultimate users.

Ross Shain, chief marketing officer, Imagineer Systems said: “mocha HitFilm is an exciting development for the new generation of filmmakers, from hobbyists and enthusiasts to indie filmmakers worldwide. We’re proud to be working with FXhome to give people access to the same Hollywood-calibre tools as the pros. Filmmakers can easily integrate sophisticated elements like particles, explosions and 3D models in true 3D space using mocha’s Planar Tracking technology.”

Multiple 3D model formats can be imported to HitFilm 2 Ultimate, with full support for animation groups, soft self-shadowing, ambient occlusion, environment maps, motion blur and depth of field. The new 3D model features require no additional plug-ins.

HitFilm provides a unique blend of non-linear video editing, 2D and 3D compositing and advanced visual effects. Working in a single interface, filmmakers have all the tools they need at their fingertips. The creator can easily jump between their editing timeline and a sophisticated compositing environment, with full control over 3D particle simulation, media layers, color grading and 3D model animation,

The major new effects in HitFilm 2 Ultimate include: audio-driven, array-based particle simulation; 3D extrusion for text and media layers; advanced chroma key for professional green screen removal; procedural lens dirt; automatic light flares and parallax depth distortion for creating textured surfaces from 2D images.

Joshua Davies continued: “HitFilm 2 Ultimate is the biggest project we’ve ever undertaken. We have listened to what the filmmaking community has been saying and developed new features that give users a chance to push their projects further.

“A couple of extra features weren’t enough, so we’ve added the 3D model rendering, which is normally only found in high end software costing several thousand dollars, introduced several major new effects and reached out to Imagineer Systems to bring their planar technology to HitFilm users.”

“With over 150 pro effects and a built-in NLE there’s really nothing quite like HitFilm 2 Ultimate. We’re really excited to see how filmmakers will use the software to bring their ideas to life.”

HitFilm 2 Ultimate is released worldwide on November 1. It is available direct from the HitFilm.com website, priced at $399. Also available is HitFilm 2 Express, an entry-level, streamlined version aimed at new filmmakers, priced at $149. Upgrade discounts are available for existing users of HitFilm 1, with a free upgrade for those who purchased after October 1st.

It has been reported that a gay man from Essex who donated his sperm to enable a lesbian couple to have two children is being forced by the Child Support Agency to pay for their support – 13 years after the first child was born.

Mr Langridge, who has been with his partner for 16 years (and in a civil partnership for the last five), has called on the Government to review the law after the CSA demanded that he start paying £26 a week for two children he technically fathered over a decade ago. Mr Langridge made the first of two sperm donations in 1998, after he and his partner became friends with a lesbian couple who wanted to have children. The second donation followed in 2000, and on both occasions the couple were promised that he would not be named on the birth certificate. He was also assured that the lesbian couple were financially secure and would require no money from him.

Mr Langridge had some contact with the family until 2004 but then lost touch. The lesbian couple, who never became civil partners, split up, and the biological mother housing the children later claimed benefits. It is reported that the mother’s former partner continues to visit the children but is not regarded as having any financial responsibility by the CSA.

Emma Alfieri, Family Practitioner at Steeles Law, commented: “Changes to the law mean that if Mr Langridge made the donation today in similar circumstances he would not be liable to pay child support for the children. This follows the law on sperm donation and paternity which was changed in April 2009. Now, under the Human Fertilisation and Embryology Act 2008, anyone who donates to a couple in a civil partnership or via a licensed clinic is not considered the legal father. The other partner in the partnership is now considered the legal parent of the child provided they consent and following the change in law they would now be liable to pay the child maintenance, NOT the donor.”

It is reported that Mr Langridge has called for the law governing this area to be applied retrospectively, as it is thought there could be many men caught in a similar position. Any subsequent changes to the law on this issue will be published on the Steeles Law website.

A recent decision of the High Court (Chancery Division) has upheld post termination restrictions contained in an unsigned contract of employment. Professional Support Lawyer Elizabeth Stevens and Trainee Solicitor Laura Tanguay report.

In the recent case of FW Farnsworth Limited v Lacy, the employee (Mr Lacy) had been promoted to the position of ‘site technical manager’ in April 2009 and was eventually (five months later) issued with a new contract of employment containing post-termination restrictive covenants. Mr Lacy did not sign or return his revised contract of employment; he briefly looked at it before putting it in a desk drawer, but he raised no express objections to the contract.

The new contract included a number of new employee benefits, including private medical insurance and a pension scheme, in addition to the restrictive covenants. Following his resignation in March 2012 in order to work for a competitor of his employer, Mr Lacy sought to argue that he was not bound by any of the restrictive covenants because he had not signed the contract of employment. His employer brought proceedings in the High Court to enforce the restrictive covenants, which would prevent him from working for the competitor for six months following the termination of his employment.

The Court held that Mr Lacy had impliedly accepted the new contract, as he had taken advantage of the enhanced employee benefits under the contract (including applying for the private medical insurance), without any protest or reservation, and was therefore bound by the agreement. The restrictive covenants were therefore enforceable.

Comment

Although the restrictive covenants were held to be enforceable in this instance, the case is a useful reminder of the importance of (1) issuing revised contracts of employment to employees who have been promoted, and (2) ensuring that revised contracts are signed and returned by the employee.

It is much easier to rely on signed contracts of employment than to succeed in arguing at a later date that a revised contract has been impliedly accepted by the employee. HR practitioners should therefore ensure that they diarise deadlines for obtaining signed contracts of employment from employees, and to actively encourage employees to raise any concerns about a new contract at the point it is issued. This will make it much harder for an employee to argue that they are not bound by any new terms under the contract at a later date.

Following the Government’s recent announcement that it was planning to introduce a new type of employment contract, conferring ’employee-owner’ status on individuals in exchange for giving up certain employment rights, a formal consultation on the proposals has now been issued. Professional Support Lawyer Elizabeth Stevens comments.

As we reported in our recent news briefing, the Government is intending to introduce a new type of employment status known as ’employee-owner’, whereby an individual is issued with shares in the business worth between £2,000 and £50,000 in exchange for forgoing certain employment rights.

A BIS consultation has now been issued on these proposals, with only a very short timeframe for responses (the consultation closes on 8 November 2012). The Government has already drafted the necessary legislative measures within the Growth and Infrastructure Bill, which had its second debate in the House of Commons on 30 October 2012. If enacted, this would introduce a new section under the Employment Rights Act 1996 setting out the provisions governing the employee-owner contract.

The Government has stated its intention for the ’employee-owner’ provisions to come into force from April 2013. It therefore seems almost certain that this new form of contract will take effect, although there remain a number of unanswered questions about how the proposals will work in practice.

The consultation itself provides very little extra detail on the proposals. In particular, it does not set out how the employee’s shares will be valued on the termination of an individual’s employment, when the employer will have to buy back the shares. The consultation likewise does not set out any mechanism for resolving disputes about the value of the shares on termination, which could prove to be an area of costly litigation for both parties. The Government has stated that it intends to consult separately on how to simplify the existing process for buying back shares from ex-employees under employee share schemes.

The consultation confirms that ’employee-owners’ will not be entitled to a redundancy payment or to bring a claim for unfair dismissal, unless the dismissal is for an automatically unfair reason or is discriminatory. However, the consultation makes no mention of what will happen in the event of a TUPE transfer, when the employee-owner’s employment transfers to a new employer.

It seems unlikely that the new ’employee-owner’ status will prove attractive to many businesses or individuals, and it is aimed principally at new and fast-growing companies. Such contracts can only be entered into with the agreement of both parties, meaning that it cannot be imposed on either existing or potential employees (although in practice, a new recruit will probably have little choice). In addition, the employer would need to put in place a qualifying employee share scheme, which would require specialist advice and careful drafting, before offering these new types of contract.

A copy of the consultation is available here

Leathes Prior are delighted to announce the appointment of Chartered Legal Executive Jill Wheeler, who joins the firm on 1st November 2012.

Jill has previously worked at Eversheds and Fosters and brings with her many years’ experience. At Leathes Prior, Jill will work alongside Partner and Head of the Real Estate Team, Rob Sibley, to grow the firm’s residential conveyancing services, alongside the firm’s existing fee earners Liz Coleman and Sarah Waddington.

Jill comments: “I am very excited at the prospect of joining Leathes Prior. Buying or selling a property can be stressful and it is my job to take that stress away. Building a strong relationship with my clients is key to a successful resolution of a conveyancing transaction. I enjoy looking after my clients personally and ensure all of their needs are met. I pride myself in bringing back to basics the sort of qualities we all remember from “yesteryear”. I work to ensure 100% client satisfaction; I offer a high-quality bespoke, competitively priced service.”

Rob Sibley, Partner and Head of Real Estate comments: “Jill has been on our radar for a number of years and the partners are delighted to have secured her services against stiff opposition. Her experience and driving force will ensure that the Real Estate Team continues to thrive and further expansion is anticipated.”

Telecoms Disaster Recovery – How to take control Inbound telephone calls are the life blood of most businesses; yet very few Companies have a pre-defined disaster recovery plan. Being unable to either receive or efficiently handle calls can only lead to lost sales, lost revenue and lost customers. Most commonly businesses will have geographic telephone numbers pre-fixed 01 or 02. These will be delivered from the local exchange across either analogue or ISDN lines. If you have a line issue then you can call your Service Provide and as part of the fault reporting process request all calls to be diverted to another number such as a mobile or another landline. Let’s face it, unless you are fortunate enough to have a second multi line site; delivering all calls to a single mobile is really a “sticking plaster” fix. Worse still, the issue may not be a line fault. It may be a telephone system hardware issue, a power cut, a fire alarm or just bad weather stopping you from opening the office. Arranging a divert then becomes an extremely difficult process as the Faults department will often refer you to Sales who in turn have to raise orders which have lead times. All in all this is an extremely frustrating process especially when you are losing business and giving your valued customers poor service. Many customers have overcome this by using Non-Geographic numbers such as 0800, 0845 and 0870; more recently 0844, 0871 and 0333. These can be delivered to any landline or mobile number hence enhancing the ease of arranging diverts, especially in a “non-fault” scenario. In many cases there will still be a lead time to initiate and the calls will still only be delivered to a single number. However, Non-Geographic numbers are delivered from an “intelligent” network which can provide pre-defined disaster recovery routing plans that can be deployed within minutes rather than hours or days. Not only can you deliver your calls to multiple sites or numbers, you can also have pre-set voicemail messages to keep your customers informed. “That’s great” I hear you say, “But I don’t have a Non-Geographic number! I have been advertising the same 01603 Norwich number for 30 years and all my customers know it!” Well that’s OK, it can be ported to the same Non-Geographic network and receive the same benefits. This doesn’t necessarily mean moving to a VoIP solution as you can retain your analogue or ISDN lines on your existing system with “dummy” numbers. Now you can seriously look at efficient Disaster Recovery options such as mapping DDI numbers to individual’s mobile numbers and so on. This also opens up a whole raft of new benefits such splitting calls between sites based on a percentage of calls or number of lines. You can route callers based on their CLI; i.e. callers from 01603 are answered at your Norwich office and from 0207 at your London Office. Also, you have now ensured that you can keep your number even if you move to a different exchange. Even DDI numbers can be retained and mapped correctly to individuals without the need for change. This is a major benefit as the standard service for Geographic DDI numbers is a simple message that asks callers to dial a single number. Now, not many things in life are free and setting up this type of solution is no different. However, you may be surprised how little this can cost; especially when compared to the potential loss of business if you don’t! Using the intelligent call routing services of a Non Geographic network, coupled with a hosted VoIP solution really starts to build a powerful solution for any business. Not only can you instigate disaster recovery plans by making a simple quick phone call, you can now just log on from anywhere you have an internet connection and its business as usual. These are not “off the shelf” products so please feel free to call Kevin Cooper at Breakwater IT to see if a solution can be built for your Company.

On Friday, November 9th, Wymondham College is holding a “Futures” event at the Kings Centre in Norwich. This is a careers information day aimed at providing year 10 GCSE students (of three local schools) with information about routes into career opportunities in various sectors before they choose their post-16 study options.

The day runs from 10am-3pm, and we’re looking for speakers for thirty-minute slots in the afternoon which students would sign up to attend:

1.00 – 1.30 1.45 – 2.15 2.30 – 3.00

The aim of the talksare to provide students with information about the various routes into your sector of employment, from apprenticeships, A-levels, degrees and vocational qualifications through to the ‘soft skills’ they would need to succeed, such as communication or presentation skills.

Please get in touch if you are interested in speaking!

Callie Oatridge Marketing and Development 01953 609000 ext 4385Oatridca.staff@wymondhamcollege.org

Visit Tunisia for the best priced All Inclusive holidays from Norwich next summer.

Leading package holiday specialist Thomson Holidays NEW summer 2013 flight from Norwich to Tunisia is currently offering the best priced all inclusive deals from the airport. Available weekly on Thursdays from 23 May to 19 September 2013 packages start from £339 per person for seven nights all inclusive on 30th May and this price includes return flights, luggage and transfers. With a fabulous range of three to five star hotels to choose from, there is certainly something to suit all styles and budgets!

Savvy East Anglian holidaymakers are encouraged to book now to secure their holiday at a great price as the trend is switching towards some the best deals being made available for early bookings.

Andrew Bell, CEO of Norwich International commented “We are delighted that Thomson Holidays have added the new route of Tunisia to the fantastic range of destinations available direct from Norwich for summer 13 which will enable local holidaymakers to fly directly from Norwich to Tunisia with Thomson for the first time. We are certain this popular destination will prove a hit with our customers, with its beautiful beaches, great value package deals, fantastic climate and flight duration of under 4 hours, it is a perfect getaway for families, couples and groups alike. This development further demonstrates the strength of the growth in charter flights from Norwich International next year – our customers now have over twenty direct sun and city destinations to choose from with some of the leading tour operators and airlines”

For more information on great value package holidays from Norwich to Tunisia please call Travel Norwich Airport on 01603 428700, visit www.thomson.co.uk or see your local travel agent.

Epic is hosting an evening where you can be sure to be delighted and surprised.

Cocktails & Confusion promises to be Norwich’s most exciting night out this Christmas. We have assembled a dazzling array of comedians, magicians, vocalists, performers and topped up with a stunning live music finale from top band The Collective.

And that’s only what we’re admitting to, there’s plenty more hidden up our sleeves… follow us on twitter @cocktails_confu or #tag #cocktailsandconfusion.

It will be a mesmerising mix of entertainment served up in a truly stylish fashion. Simply let the evening happen around you while you enjoy good food, great cocktails and a fantastic night out.

We promise to confuse, delight and entertain you as never before.

Be a part of something special this Christmas… Limited tickets available.

Tickets £60 including canapé supper, live band and as much entertainment as you can squeeze into one night.