ALL I WANT FOR CHRISTMAS…

Is there a better time to be a parent than at Christmas?

The answer to that question may depend upon your view of Christmas in the modern world; many people are understandably dismayed by the commercial product-fest that seems to arrive a little earlier each year.

For some, Christmas may provide an opportunity to reflect upon how a child has developed over the course of a year. Growth and maturity may be noticed with delight. The sophistication, expense and length of the annual “Christmas list” is more likely to be met with dismay!

Lawyers who work with children are often asked about the point at which a child’s wishes begin to be recognised in law as having a bearing upon decisions about their lives. Parents ask with some trepidation; children often ask with determination and, occasionally, with a glint in the eye.

In common with many questions about the law, the answer is not straight forward.

In most cases where courts are being asked to make decisions about a child, the child’s welfare is directed to be the court’s paramount consideration and this will sometimes result in a parent’s view being overridden.

A child’s wishes and feelings are also required to be considered, but the weight to be given to them can vary. Many people think there is a magic age at which a child’s views suddenly start to carry weight, but although age is relevant, the more important factor is the level of understanding and intelligence which a child is able to bring to bear in exercising a capacity to make considered decisions.

Parental rights are not absolute. In this sense the law reflects life, as parents gradually need to “let go” and empower their children to make their own decisions. The famous judge Lord Denning summed it up nicely when he described the right of a parent as:-

“…a dwindling right which the courts will hesitate to enforce against the wishes of the child, the older he is. It starts with the right of control and ends with little more than advice.”

“Sound advice” is unlikely to find its way onto many lists this December, but arguably, there is no better gift. Merry Christmas!

Legal 500 recognises Samantha

The latest edition of the prestigious Legal 500 has listed Slee Blackwell personal injury solicitor Samantha Robson as a specialist in women’s issues.

The 2008 directory refers to Sam’s niche practice “advising on claims related to cosmetic surgery, institutional sexual abuse, rape and sexual assault and date rape”.

Say’s Sam:

“I am delighted to be recognised for my work in this field. Women who find themselves in difficult and traumatic circumstances need to be able to access specialist legal advice and representation. The cases are often difficult, but when I am able to achieve a successful outcome I find it personally very rewarding.”

Samantha Robson can be contacted on 01392 429163 or at samantha.robson@sleeblackwell.co.uk

Purchase of Moorfield House

Care Concern (Leeds) Limited has made an asset purchase of Moorfield House nursing home for a total of £4.4m.
Care Concern (Leeds) Limited bought the assets of Moorfield House on the 17th of July 2007. Moorfield House is a residential care home on Fieldhouse walk, Leeds, with a long-standing contract with Leeds City Council to provide care and respite beds to the elderly and infirm. The Business was run by Spectrum Care Homes.

Emma Reed, partner of the Corporate commercial department of Slee Blackwell, 10 Cross Street, Barnstaple led the deal for the Buyer. Stephen Reed of S.M.Reed and Co acted for Abbey National PLC, who part funded the deal. Stephen Lopeman of Kuit Steinart Levy acted for the seller.
Emma Reed commented: "Slee Blackwell who have acted for the Directors of the Buyer for a number of years on a variety of transactions all,over the country, would like to take this opportunity of wishing them every success with their new acquisition."
Stephen Lopeman of Kuits Steinhart Levy acted for the vendors. ACQ

"Slee Blackwell who have acted for the Directors of the Buyer for a number of years on a variety of transactions all over the country, would like to take this opportunity of wishing them every success with their new acquisition,"

JJS acquires Ashley Manor

JJS Care Limited has acquired shares in ACG Management Limited, the company that runs Ashley Manor care home in Waterloo, Liverpool. The shares were bought for a total sum of £4.4m in June of 2007.
Ashley Manor is a family run business, owned by Mrs Joyce and her three daughters, and is being sold due to a retirement decision.
Currently, Ashley Manor has 75 residents housed in 61 single rooms and 6 double rooms, with a separate day care centre for up to 65 people.

Slee Blackwell assisted in the transaction with the team being led by partner of the Corporate/ Commercial team, Emma Reed. She commented:
"Slee Blackwell have national expertise and a wealth of experience to bring to any transaction and as we are based in the South West our overheads a~re low. We are therefore extremely competitive on price and offer the clients value for money with a tailored efficient service."
"The deal was a straightforward share purchase, however the freehold of the prol;>erty was held outside of the Company which neEessitated a simultaneous transfer of the freehold upon completion of the share acquisition and therefore a double charge to tax.
"We wish the directors of JJS Care Limited and all at Ashley Manor every success taking the business forward. ACQ

"Slee Blackwell have national expertise and a wealth of experience to bring to any transaction and as we are based in the South West our overheads are low" Emma Reed

Slee Blackwell V's North Devon Estate Agents

The Cricket Pavilion at Instow has stood since the late 1700’s but never in it’s 300 year history has it witnessed a battle like that fought by the gallant players of Slee Blackwell versus the North Devon Estate Agents & Surveyors XI. For while the collapse of the England squad may have caused despair for the cricket fan had they cast their eyes towards the estuary of the Taw and Torridge rivers instead, there would perhaps have been more than a glimmer of hope that this country still breeds talent.

The NDES XI took to the crease first and allowed Slee Blackwell’s fielders to warm up with a flurry of shots to the boundary and beyond. But then with their eye firmly in, bowling from Brett Lawrence and Paul Jordan in particular sent batsman after batsman scurrying back to the dressing room. Thirty overs later and the NDES XI declared.

In a time of ball tampering and match fixing the dirty tactics of asking Slee Blackwell to bat after tea was underhand and it was unfortunate that umpire Richard Smith of Phillips Smith and Dunn did not step in and cry foul. As it was, the fact that the team had to return to the field of play after sandwiches (two types - cheese and ham), cakes (chocolate and Victoria sponge) and scones (jam and cream) was unfortunate and next years Wisden will surely attribute this to the somewhat slower run rate.

The final score was not important. That the NDES XI were victorious is not the memory that those who witnessed the game took away with them. They will recall the five wickets taken by Andy Clarke of Clarke & Hood Financial Services or the wondrous thirty struck by Jeremy Gilham of Samuels. They will remember the glorious sunshine and sense of occasion and for those who took part they will always remember the difficult they had walking properly the following day.

Slee Blackwell would like to thank Roger Berry and Richard Smith FRICS of Phillips Smith and Dunn, Mark Cowling and Simon from Cowling Commercial, Andy Clarke from Clarke & Hood Financial Services, David Northridge MRICS from Abercorn Surveyors, Lester Bird MRICS from Passmore Wright & Co, David Edwards FRICS from John Smal and David Kivell. All of whom turned out for the NDES XI as well as Toby Barnes and Simon Allin from BHR, Jeremy Gilham from Samuels and John Gay from Wright Property Management who more than ably assisted the Slee Blackwell team.

MEMBER OF SLEE BLACKWELL’S PERSONAL INJURY TEAM ADDRESSES HEAD INJURY CONFERENCE

Mike Clarke of Slee Blackwell's Bideford office was one of the speakers at the annual head injury conference near Exeter organised by Headway, the national charity for brain injury. Mike, a specialist injury lawyer for over 20 years, talked to delegates about various issues confronting the lawyer dealing with a claim by a brain-injured client, followed by a general question-and-answer session.
Mike has long experience in dealing with head injury claims and is also the secretary of Headway North Devon, affiliated to the national charity and based in Barnstaple.
"Headway is the only national charity dealing with acquired brain injuries and provides a vital service to injured clients, with guidance and advice, as well as local facilities run by dedicated volunteers. Head injuries are much more common than people realise and the effects can be devastating for the victim and his family. Headway is dedicated to raising awareness of such injuries and I am pleased to be associated with such a worthwhile cause", he said.