Chairman for North Devon+

David Whiteley, a Consultant with Slee Blackwell has recently been appointed Chairman of the newly formed North Devon +.
North Devon + is a Not for Profit company formed by the amalgamation of the North Devon Enterprise Agency, the North Devon Marketing Bureau and the North Devon and Exmoor Regeneration Company.

The formation of North Devon + heralds a new approach to Economic Development and Community and Social Regeneration. David heads up a Board of Directors comprising mostly leading local business men and women together with members of the District Councils and representatives from the Regional Development Agency and Devon County Council.
The challenge for the new company is to make North Devon a region where enterprise, business and people can thrive together in harmony and with success. A place which is not only wonderful to visit, but also welcomes good businesses and is a great place to live!

The vision of North Devon + is to “Increase the prosperity and quality of life of the people of North Devon through its environmental assets and the development and diversification of its economy. It aims to do this by

*Creating a business-friendly culture and good business support.
*Marketing the Regions key assets including the Biosphere.
*Encouraging the improvement of skills in the workforce at all levels.
*Improving the quality of life particularly in deprived communities.

A big ask, you may say, but David is excited at the challenge and looking forward to spending time on the project and has total belief that it will prove to be successful.
David Whiteley has been with Slee Blackwell now for more than 25 years after a first career as a Pilot in the Royal Air Force. During his time with Slee Blackwell David has been very active outside the Office in addition to his Solicitor day job. Amongst these he can count 11 years as Treasurer of the Devon & Exeter Law Society (now the Devon & Somerset Law Society), then its President in 1999 – 2000. He has been Chair of the North Devon College Board, Chair of the Devon Economic Partnership, Vice Chair of the Devon & Cornwall Business Council (now its Vice President) and Chair of both the North Devon Economic Partnership and the North Devon & Exmoor Regeneration Companies from their inception until just over a year ago when he stood down from all external duties to take a sabbatical from Slee Blackwell, spending10 weeks going round the World.

On his return to work and approaching retirement David did not plan to take up any more outside appointments. But he was asked to have another go and accept the job of North Devon + which he has now done so as, he says, “to keep me young”!

DEVON COUNTY SHOW – COMPETITION RESULTS

Thank you to all of those who visited our stand at the Devon County Show. It was wonderful to meet so many of our clients - past, present and hopefully future.

For those of you who weren’t able to come along you missed the opportunity of a free wine tasting, after which those taking part were asked to try and identify the genuine Champagne from the sparkling wines.

43% of those who entered correctly guessed that bottle number one contained the real Champagne.

For those of you interested bottle number two was a brut and number three a demi-sec.

The first out of the hat and the winner of the jeroboam of Moët & Chandon Champagne is Jill Taylor from Shillingford St George, Exeter.

The 10 runners up, who each get a wine guide signed by writer Susy Atkins are:

Bruce Cadbury – Pinhoe, Exeter
June Allman – Braunton
Sissy Gerschwiler – South Molton
B. Plummer – Doddiscombsleigh
A.L. Thomas – Heavitree, Exeter
Jay Colenso – Barnstaple
Karen Martin - Exeter
J.R. Guilleband – Clifford Bridge, Drewsteignton
June Evans – Exeter
Nicky Daniel – Tedburn St Mary, Exeter

Again thanks to all of you who took the time to enter the competition, play the grab machine or just stop for a chat. We look forward to seeing you next year when we hope to have an even bigger and better competition to test you with.

Bouncy Castle Judgment Causes Parents to Rethink

Many parents will be left wondering whether they should hire a bouncy castle for their children following a recent ruling in a case involving a young boy who suffered brain injury at a friends party. The injury was caused when the child suffered a kick to the head whilst playing on a bouncy castle. The Court ruled that the parents who hired the inflatable were responsible for his injuries as adequate supervision had not been provided.

Although the decision may be appealed it is bound to cause worry and apprehension amongst parents. In the last few years it has become increasingly common for bouncy castles and other inflatables to be hired for children’s parties and other events.

The Court didn’t think that the bouncy castle itself was dangerous but criticised the level of supervision which it said was insufficient and inadequate. So where does this leave parents?

Anyone who now contemplates hiring an inflatable must take all reasonable steps to ensure that the children using it are safe. A common sense approach should ensure that this is the case.

• Check to make sure that the inflatable is located in an area away from obvious hazards such as overhanging branches
• Do not allow other play equipment, such as bikes, to be left in front of the inflatable in case anyone falls off and lands on them
• Do not allow children to eat or drink whilst playing on it
• Make sure that the children do not have any sharp objects in their pockets which could cause injury to themselves or others eg. Pens
• Do not allow too many children to use the inflatable at the same time
• Make sure children take off their shoes before using the inflatable
• Always supervise the children when using the inflatable
• Always follow the guidance given by the hire company.

With these simple precautions you should be able to ensure that children are able to play safely. And should an accident occur you should be able to show that you were aware of the danger and took steps to minimise the risks

Fortunately in this case the parent was insured. So if you are planning a party this summer and are thinking about hiring a bouncy castle you might just want to check your insurance policies before you arrange anything.

John Hasson is a solicitor specialising in personal injury at Slee Blackwell and can be contacted on 01392 429132

Company Law Update

From 6 April 2008 private companies will no longer be required to have a company secretary. Many companies are expected to take advantage of this relaxation in the law and pass these duties on to a director.

However the administrative, stamping and filing duties currently undertaken by company secretaries will still need to be completed correctly. Failure to do so can result in costly delays and, in the case of stamping stock transfer forms, even financial penalties. Directors may find their time further constrained by this added burden and this is when mistakes are likely to occur. Slee Blackwell Solicitors can assist private companies with all the tasks traditionally dealt with by the company secretary thereby ensuring peace of mind and freeing up valuable director’s time.

Another function of the company secretary that is often overlooked, is their role as the company’s “conscience”. Queries regarding a director’s power to make decisions, vote on resolutions and act on the company’s authority are all issues that are frequently referred to the company secretary. Our commercial department has specialist knowledge of all aspects of company law, including the new Companies Act 2006, and are available to deal with queries such as these as and when they arise.

Often the biggest and costliest delays in corporate transactions, such as company sales, are caused by disorganised company books and incorrectly executed board resolutions. A company that can clearly demonstrate how decisions have been made, authorised and validly implemented, and which has up to date company books, can often be more attractive to prospective purchasers.

Anyone requiring further information on these issues should contact Russell Dowling on 01271 349933 or by email to russell.dowling@sleeblackwell.co.uk.

Energy Performance Certificates: An inconvenient truth?

Energy Performance Certificates (EPCs) were the driving force behind the Government’s decision to introduce Home Information Packs and soon commercial properties will need them too.
Buildings account for an estimated 40% of UK Carbon emission so EPCs are seen as vital to reducing the country’s carbon footprint. The Government hopes they will encourage landlords and developers to improve the energy efficiency of their properties. The Government claims those who do so will be rewarded by increased rental values and sale prices. In time EPCs could have a significant impact on the commercial property market.
An EPC records the energy performance of a building by comparing it to other similar structures and includes recommendations for improving efficiency. Each building is given a rating from A (excellent) to G (very poor). An EPC will be valid for 10 years.
From 6 April 2008 an EPC will be needed on the construction, sale or letting of a non-residential building with a floor space of 10,000 square metres or more. This is extended on 1 July to include buildings with 2,500 or more square metres and from 1 October will include all non-residential buildings with a few very narrow exceptions. It is the responsibility of the seller of the building, or landlord on the grant of a lease, to obtain the EPC at their own expense. The obligation to provide an EPC also applies when a tenant sells an existing lease or sublets under an existing lease. The definition of “building” in EPC regulations includes part of a building designed or altered to be used separately. This means a tenant selling a lease of an industrial unit, shop unit or floor in an office may need to provide an EPC.
Landlords could find it difficult to recover the costs of supplying the EPC from tenants through existing service charge provisions and shortages of qualified assessors could lead to delays in obtaining certificates. Therefore, anyone thinking of selling a commercial property in the next 6 months should seek advice as to whether an EPC will be needed and, if necessary, bring the property to market quicker to try and beat the deadline. Those already affected by the regulations should factor in the extra cost and obtain an EPC as soon as possible.
The impact of EPCs on the property market may not become apparent for sometime but so called “green leases” may allow Landlords to benefit from these changes. Leases obliging tenants to reduce energy consumption, and only allow alterations which improve the energy efficiency of the building, could yield higher rents as they are likely to have better EPC ratings. With many businesses striving to reduce their carbon footprint, buildings with high EPC ratings may prove more attractive to tenants. In years to come Landlords letting properties under green leases receive higher rents whilst leading the fight against climate change.
Anyone requiring more information should contact Russell Dowling in the Slee Blackwell Commercial Department on 01271 349933

ENTERPRISE INN REPOSSESSION CLAIM SUCESSFULLY DEFEATED

Slee Blackwell’s successful defence of repossession proceedings brought by Enterprise Inn Plc against Craig and Inez Ward of Mavericks in Newquay has been widely reported in the national press. Articles featured in the major trade publications as well as the national press. Both The Publican (5 February 2008) and the Morning Advertiser (7 February 2008) http://www.morningadvertiser.co.uk/ ran stories about the unexpected triumph. In the Observer (10 February 2008) http://www.guardian.co.uk/business/2008/feb/10/creditcrunch.mitchellsandbutlers Richard Wachman highlighted the case in an article about the plight of publicans struggling to cope with the post smoking ban hangover..


Mr and Mrs Ward were referred to Slee Blackwell’s specialist leisure and licensing team after Enterprise had applied to Truro County Court for forfeiture of their lease within 28 days. Solicitor advocate and partner in Slee Blackwell’s litigation department, Spencer Glazsher, successfully obtained a seven month stay of execution enabling Mr and Mrs Ward to continue trading over the busy summer period.

Pub-co tenants are being hard pressed by their landlords at a time of increased legislation, falling trade and mounting competition. This has been described by Mark Brumby of Blue Oyster Securities as “a triple whammy that will cause frustration and pain”.

Along with the smoking ban, the economic slow-down and changing drinking patterns has caused increasing hardship to tenants. As reported in both the Morning Advertiser and The Publican, Spencer Glazsher told District Judge Mitchell in Truro County Court that Mr and Mrs Ward had seen a 30% drop in trade since the smoking ban which came into force last July.

This is the first reported example of the Court seeing fit to grant latitude to tenants, certainly in relation to one of Enterprise’s 7,200 pubs nationwide and quite probably in the Pub-co industry as a whole.

The leisure and licensing team at Slee Blackwell see this as the first in a number of similar actions to come.

On yer bike!

Everywhere you look you can’t help but notice the latest push for everyone to consider the environment and their own carbon-footprint. Environmentalists throughout the world are telling us that unless we take action now to save our planet there won’t be a planet left for our children. The drivers amongst us are all too aware that a litre of petrol has now passed the one pound mark and you would have to be living in a fuel’s paradise not to appreciate that oil is a finite resource. So why not try and do something to help by getting a push bike?

In 1999 the Finance Act introduced tax incentives for employers to provide employees with bicycles and accessories as a tax-free benefit. The exemption applies so long as bicycles are used, at least in part, for your journey to and from work. The Cycle to Work scheme is part of the Government’s initiative to promote healthier transport and reduce pollution. What could be healthier than cycling to work? It’s a great way to get some exercise and do your bit for our planet. It also avoids all the hassle of city parking and filling the parking meter with change.

Employees taking advantage of the scheme will save up to 50% of the retail purchase price of their chosen bicycle. You can opt for the salary sacrifice scheme and payment of the bicycle is by way of deductions to gross pay. This provides tax and national insurance savings for the employee and national insurance savings for the employer too.

But don’t forget the safety issues when using your bike. As a personal injury lawyer, I have to say helmets are a must but they only provide protection if they are sized and fitted correctly. If you are unfortunate enough to have a collision you should get your helmet replaced, even if it was just a minor blow. If you are uncertain about your cycling skills then get some practice in first away from busy city streets.

It’s also worth investing in some high visibility kit which can also be purchased under the scheme. You don’t want to find yourself in the position of Mrs Read, the 80 year old cyclist in the case of Read v Edmed. Mrs Read was straddling a `give-way’ line when she was knocked off her bike by Mr Edmund. It was a cold morning and unfortunately Mr Edmund had failed to clear his windscreen before driving off and had hi head out of his side window to get a better view of the road!

If you want to reduce your own carbon footprint and get some exercise into the bargain the Bike to Work scheme could be just for you .

Find out more about the Bike to Work scheme by calling Samantha Robson of Slee Blackwell Solicitors, Exeter on 01392 423000