November 2007
Posted in Industry News by Sara Rogers | 20.12.07
Should we keep the nil rate band trusts that we have in our Wills?
Following the Chancellor?s Pre- Budget Report in October 2007, we have been inundated with queries from our clients who have already taken steps to minimise their Inheritance Tax liability by including a nil rate band trust in their Wills. Those who have not yet reviewed their Inheritance Tax planning are also confused about what they should do, and where one spouse has died, there are doubts about whether the trust should be activated.
There has been much written in the press and the financial journals on this subject, some of it inaccurate. Now that the dust has settled...
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Posted in Industry News by Mark Burns | 13.12.07
I hope that some of the blogs that appear on this site created by members of the family team add something to the huge number of family law blogs and social networking sites.
Some of the sites that have exploded over the Web are both interesting and informative, dealing in a combination of real time updating on the law and comment on issues directly and indirectly related to family law. It is certainly a lot more interesting than the days when the best and most interesting research you could do was to try and find some reference to the family law in the old Green and White books.
One of the most...
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Posted in Industry News by Sharon Pallagi | 12.12.07
Help at Home
Increasingly in my work, I know people that are caring for family or friends at home, and I therefore thought it would be useful to discuss the health and social care services that may be available to a person who needs care in their own home.
Community care services are provided following an assessment of the needs of the person concerned. This assessment will be carried out by a professional from the health or social care agency which has taken a lead on that person?s situation, normally known as the care manager. I thought it would be useful to look at assistance available when coming home from hospital,...
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Posted in Industry News by Deborah Warren | 11.12.07
On 13 September 2007 the Competition Commission published The Home Credit Market Investigation Order 2007 (?Order?). The order will start to affect agreements in the home credit loan industry from the 13 December 2007. It addresses four main issues in consumer credit legislation in which the Competition Commission felt there was room for improvement.
The four issues dealt with by the Order are: data sharing, price comparison websites, the provision of statements to consumers and a consumer?s entitlement to an early settlement rebate. Consumer Credit is renowned for being a particularly complicated and prescribed area of the law. It is important that your business complies with all the new requirements and in this blog early settlement...
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Posted in Industry News by Joanna Downes | 07.12.07
A number of recent high profile cases have highlighted the difficulties involved for employers who wish to specify a dress code for their workers.
Most recently, Amrit Lalji was reinstated to her position working in the VIP Lounge of Terminal One of Heathrow Airport, after being suspended and then sacked for wearing a nose stud which had religious significance. The case echoed the circumstances of another Heathrow employee, Nadia Eweida, who was suspended in September 2006 for wearing a Christian cross around her neck.
These cases underline the potential for discrimination claims against an employer, due to a badly-drafted dress code.
Employers should be aware, however, that it is not unreasonable for them...
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Posted in Industry News by Alice Pratt | 06.12.07
The High Court of Justice earlier this year seemed to aid the power of a trustee in bankruptcy to challenge transactions entered into by way of matrimonial proceedings in the case of Hill and Bingham v Haines. Yesterday the Court of Appeal reined in this power deciding that such transactions are not open to challenge.
During divorce proceedings in December 2004, Mrs Haines was awarded the proceeds of sale of her and her husband?s matrimonial home. The following year Mr Haines declared himself bankrupt.
Under the Insolvency Act 1986 (?the Act?) a trustee in bankruptcy has the power to seek to reverse transactions which have occurred at an undervalue in the preceding five...
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Posted in Industry News by David Arundel | 06.12.07
As the festive season moves into full swing, the economic mood of the country and the business community is distinctly gloomy.
It is generally accepted that the UK is seeing an economic slowdown which will certainly continue for the foreseeable future. The question is whether that will turn into a full blown recession.
The widely accepted definition of ?recession? is two consecutive quarters of decline in real GDP. Clearly we are not at that stage yet, but will we arrive there next year?
Certainly there are a number of areas of concern. Take any one from the following list:-
1. The downturn in the UK housing market;
2. Rising inflation;
3. The well publicised crisis...
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Posted in Industry News by Sarah Sevitt | 06.12.07
It has recently been reported that it is becoming increasingly common for couples over the age of 50 to get divorced, and indeed couples who have been married for some 30 years or more.
According to a report published by the Future Foundation for the Saga company, the divorce rate amongst the over 50s rose by almost 9% from the late 1990s to 2004, and the average age at which couples divorce rose from 39 to 42 for men and 36 to 39 for women.
One of the reasons for the above statistics may be the fact that the couple are unable to adjust to living alone together once the children grow up and leave the family home. Another factor...
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Posted in Industry News by Rob Rode | 06.12.07
In January 2005 Gordon Park was convicted of the infamous "Lady in the Lake" case at Manchester Crown Court.
Having been instructed by Mr Park and his family to review the evidence we are in a position that we have today lodged Grounds of Appeal against the conviction.
The appeal is based upon fresh evidence that was not available at the original trial. It is hoped that this evidence, when considered by the Court of Appeal, will lead to his conviction being quashed and a re-trial being ordered. Simon Bourne-Arton QC is instructed by this firm to represent Gordon Park.
An extensive campaign has been run by Mr Park's family and friends entitled ...
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Posted in Industry News by Emma Blackstone | 23.11.07
Many people think that soap story lines depart from reality and are written purely for entertainment value. But often our favourite soap operas can touch upon issues that are relevant to a broad spectrum of the viewers.
One example is Coronation Street and the unfolding drama between Sean Tully and his friend, the barmaid and soon to be mother of his child, Violet. What began as a friends? pact to create a baby is rapidly descending towards a Court battle, with the reference to ?custody? increasing with each episode.
This is not reality, but what if it was? It is first necessary to draw a distinction between regulated inseminations which take place...
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Posted in Industry News by Andrew Stewardson | 22.11.07
Further to my previous blogs on this subject the government has today announced that all properties being sold from 14 December 2007 will require a Home Information Pack (HIP).
This follows the phased introduction of HIPs which began on 1 August 2007 when it became compulsory for all properties being sold with four or more bedrooms to have a HIP. This was then extended on 10 September 2007 to include all three bedroom properties.
New build properties which are built to the most recent Building Regulations (Regulation 17C, Part L, 2006) still remain exempt from the HIP legislation, however, it is anticipated that even these properties will require a HIP by April 2008.
As many expected, HIPs are not proving...
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Posted in Industry News by Clare King | 15.11.07
Anybody who regularly travels by public transport and reads the Metro each morning may also have read about the recent case of Thorner v Curtis & Others (2007). The article bore the headline ?Labourer who toiled for nothing wins ?2.3m farm? and concerned a dispute about the division of an estate whose main asset was a valuable farm in Cheddar, Somerset. I was interested in what was reported in the Metro but couldn?t quite make sense of some of the details and looked up the judgement??
In this case the deceased Mr Jesse Peter Thorner (?Peter?) died intestate, which means that he did not leave a valid will. Peter had made a will...
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Posted in Clarion News by Mark Burns | 30.10.07
We are once again very proud to be sponsoring the Leeds 10K Jane Tomlinson?s Run For All Corporate Challenge.
I want to lay down a challenge to all of our clients, contacts, stakeholders and competitors. First of all, to see if you can come and beat us on the track. Second and perhaps most importantly of all, see if you can take away our award from last year as the business that raised the most for charity through the run.
We will be taking the run very seriously this year. Some of our runners have already completed the Great North Run and we have secured the services of Tracy Morris to...
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Posted in Industry News by Emma Blackstone | 29.10.07
?..the only fact that can be predicted with absolute accuracy is that the prediction will turn out to be inaccurate.?
This comment of Singer, J in T v T [1998] 1 FLR 1072 perhaps best sums up the present position with regard to the cash equivalent transfer value of a pension fund upon divorce. It is unlikely that the position will improve any time soon. Mike O?Brien, the Minister for Pensions Reform has today confirmed that the Government has delayed bringing the new regulations on pension transfer values until 1 October 2008.
The current regulations have been in place since the mid 1980s and a review is long overdue. The aim of the new regulations is...
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Posted in Industry News by Stephanie Thirlwell | 25.10.07
The BBC were asked by anti-smoking campaigners to apologise last week after Top Gear presenters Jeremy Clarkson and James May lit pipes on the show screened on Sunday 14th October 2007.
Those of you who watched the programme would have seen all three of the show?s presenters pull pipes out from under their chairs in the studio during a discussion about Porsche-branded products. Though Richard Hammond chose not to light up as he has recently given up smoking, both Jeremy Clarkson and James May did, causing some controversy.
A spokesperson from Action on Smoking Health (ASH) made the following statement:
?Smoking in a studio is illegal. We would hope that the programme...
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Posted in Industry News by Victoria Tilbrook | 18.10.07
A recent newspaper article referred to the fact that family lawyers are ruthlessly making money out of their clients by immediately opting to go down the route of costly court proceedings, rather than exploring other more cost effective options such as mediation. I take objection to this for a number of reasons.
As a member of Resolution, I subscribe to a code of practice that means that alternatives to court proceedings must be discussed with my clients and that they must be made aware of all the options, with a view to resolving matters in the most amicable and cost effective way possible. This includes the option of mediation. This can be...
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Posted in Industry News by Mark Burns | 08.10.07
I recently took great pleasure in reading the Legal 500. It is really gratifying that we are regarded as one of the major players for the provision of legal services in Yorkshire.
We have come a long, long way since the beginning of February. To be regarded as one of the leading regional players in key areas like Corporate & Commercial, Commercial Litigation, Corporate Recovery, Agriculture & Estates, Tax, Trusts & Probate, Commercial Property, Information Technology, Intellectual Property, Media & Entertainment and Sport amongst others is highly satisfying. These are all areas along with many others where we hope that we will bring a distinctive voice to the legal services marketplace.
It seems an appropriate time for...
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Posted in Industry News by Stuart Cobbett | 05.10.07
High profile fraudulent trading cases, such as the claims brought following the spectacular collapse of BCCI, mean that it has become fairly common knowledge that if a director intends to defraud creditors he will be liable to compensate the company.
However, directors may also have to contribute to the assets of a company and even have a disqualification order made against them if their actions constitute wrongful trading. This blog attempts to answer some of the most frequently asked questions relating to wrongful trading.
When will wrongful trading arise?
Under the Insolvency Act 1986 Section 214 when a company goes into liquidation the liquidator can apply to the court for an order that the...
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Posted in Industry News by Mark Burns | 03.10.07
It appears that Britney Spears is the latest celebrity to realise that they are not above and beyond the law where their children are concerned. Many celebrities have been recently subject to great media scrutiny while performing community service for assault or a serving a prison sentence for a driving violation.
However Britney has, in only the last couple of days, been told that she too must abide by a Judge?s decision where her children are concerned. At a hearing at the Los Angeles Superior Court Ms Spears was ordered to allow her two children to be cared for by their father. Speculation abounds about whether this was because of failure...
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Posted in Industry News by Rachel Dean | 28.09.07
Chapter 2 of Part 10 of the Companies Act 2006 (?2006 Act?) introduces a codification of directors? duties, which is based on the existing fiduciary duties. The idea is to have one set of rules to follow. Most of the provisions of the codified duties come into force on 1 October 2007. Do you know what these duties are?
What are the duties of directors from 1 October 2007 onwards?
Directors have duties other than the codified duties. These include statutory duties under the 2006 Act to maintain records and to approve accounts. They also have duties imposed by other statutes such as the duty to consider the interests of creditors if the director reasonably believes that the company is, or...
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Posted in Industry News by Christian Hunt | 27.09.07
There is a staggered timetable for the implementation of the Companies Act 2006 (?2006 Act?). The next raft of provisions of the 2006 Act come into force with effect from 1 October 2007.
Shareholders? Meetings
The provisions relating to the holding of shareholders? meetings have changed as follows:
Currently the notice provisions for a shareholders? meeting are 14 clear days or 21 clear days depending on the nature of the business to be transacted i.e. does the business of the meeting concern ordinary or special resolutions? Under the 2006 Act the notice period is reduced to 14 days for all meetings of a private company.
Private companies are no longer required to hold a AGM. You should check your articles...
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Posted in Industry News by Simon Young | 26.09.07
The reduced availability of legal aid has led to alternative approaches to funding litigation: facilitating access to justice for those claimants without the means to sue. Conditional fee agreements (previously prohibited) were approved by a legislative change in 1995. This is an agreement whereby a law firm and its client agree to share the risk of litigation by entering into an agreement that the fees payable are based on the outcome of the litigation. This is often referred to as a ?no win no fee? agreement and involves the solicitor being able to mark up his recorded fees by an agreed amount in the event of a successful outcome to the litigation. These...
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Posted in Industry News by Lucie-Jane Hugill | 25.09.07
Sunday night saw the BEDA Awards 2007 take place at the Metropole Hotel in Birmingham. Clarion became a member of BEDA (Bar Entertainment and Dance Association) earlier this year in light of the increasing volume of work Clarion are doing for the leisure world. BEDA was originally created several decades ago to represent the interests of late night operators across the UK and was first called British Entertainment and Discotheque Association. It has since expanded to include clubs, bars, dance and music establishments (as well as a special form of membership for professional advisors such as us lawyers), hence the slight change in name.
The BEDA Awards are the awards of the leisure...
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Posted in Clarion News by Richard Moran | 25.09.07
Having retired from the Clarion 5 a side team around 7 years ago to 'spend more time with my family' I wasn't sure what to make of my recall to the side for a recent charity tournament organised by McInerney Homes Yorkshire.
Teams from McInerney Homes, Eastwood & Partners, Niemen Architects, Plasmor, Avalon Construction, AW Lumb and Glencroft Civil Engineering turned out to try and stifle the sounding of the Clarion trumpets. In the men's changing rooms the word was out - the team from Clarion had 3 girls in it. Team captain and head of property Martin Grange had obviously been working hard on the pre-match psychology as before putting on my Clarion shirt I was...
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Posted in Clarion News by Richard Moran | 25.09.07
Last week my colleague Emma Roe and I spent a day mentoring 8 young Yorkshire science and technology companies as part of Connect Yorkshire's InvestorQuest business challenge. These 8 went forward to a Red Carpet Day last Thursday where companies presented to investors from the Viking Fund , Enterprise Venture's Rising Stars Fund , YFM Group and the South Yorkshire Investment Fund's Seedcorn Fund . These four funds each have up to ?250,000 to invest into any viable business proposition presented to them at the Red Carpet Day.
The mentoring day was...
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Posted in Industry News by Deborah Warren | 19.09.07
If a problem arises with one of your products which has already been placed on the market it can cause serious complications. Only last Friday Cadbury found that they had an unsafe chocolate bar on the market due to a mistake in labelling. Cadbury has recalled the problematic chocolate bar and warned nut allergy sufferers of the danger. Earlier this year Cadbury was prosecuted for not informing authorities immediately of a Salmonella outbreak. They had to recall approximately 1 million chocolate bars and it cost them in the region of ?20 million.
Mattel, Nokia and ASDA have found themselves in similar predicaments. During August and September Mattel made three voluntary large-scale toy recall campaigns....
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Posted in Industry News by Richard Port | 05.09.07
So, who has heard of Facebook? Actually, a lot of people have. There are currently 31 million subscribers with 100,000 new users logging on every day. It is expected that the membership will top 50 million users by December 2007.
Social networking websites such as Facebook and others like it are viewed the world over as a fun and harmless way for individuals to keep in touch with friends, a forum to share stories and photographs about daily activities, and an opportunity to air views on the world without censure by using personal blogs. Facebook itself started as a way to help new students at Harvard University meet one another and gradually this was rolled out...
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Posted in Industry News by Emma Blackstone | 03.09.07
Thierry Henry separated from his Wife, Claire, in June 2007 following a marriage of four years. The couple are now in the process of a divorce and there is much speculation as to what the former Arsenal striker?s wife can expect to receive by way of settlement.
The last footballer?s divorce to make the headlines was that of Ray Parlour in 2004. In that case, Mrs Parlour was awarded, in addition to a generous capital sum, maintenance equating to one third of the footballer?s future earnings. The hype which surrounded the case at the time fuelled suggestions that former wives could expect to receive a significant share of all their husband...
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Posted in Industry News by Sharon Pallagi | 31.08.07
ENDURING POWER OF ATTORNEY
CASE STUDIES
There are a variety of uses for an Enduring Power of Attorney (EPA) and a common misconception with an EPA is that it is a document designed only for the elderly, and that the main benefit is that if in the future the donor of the power becomes mentally incapable then, subject to registration with the Court of Protection, the EPA can be continued to be used by the Attorneys, who will be able to continue looking after the financial affairs of the donor. Although this is a big advantage of an EPA it is not its only sole purpose, and in practice we find that...
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Posted in Industry News by Christian Hunt | 31.08.07
Private equity is quite simple. It is the business of dealing in companies : buying them, rationalising them and then selling them on for a profit.
Instead of going to the stock market and selling shares, private equity companies raise funds from banks or groups of smaller funds.
Until recently, the phrase ?private equity? meant very little to most people. However, transactions such as the acquisition of Alliance Boots by Kohlberg Kravis Roberts? (KKR), has elevated the concept of private equity to the forefront of debate in business circles.
The grilling given to bosses of private equity firms, by the House of Commons Treasury select committee is well publicised. On 30 July 2007, the committee...
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Posted in Industry News by Victoria Tilbrook | 30.08.07
News release
Resolution
30 August 2007
Figures published today by the Office for National Statistics show provisional divorce rates in England and Wales at their lowest for 22 years.
The figures show a drop in divorces to 12.2 per thousand married men and women, a fall of 7% compared to the 2005 figure of 13.1 per thousand.
According to national family law group, Resolution, the figures highlight several key issues.
1. The need for cohabitation law reform
?The downward trend in divorce rates mirrors falling marriage rates, which are currently at an all-time low and can be attributed - at least in part - to the growing number of people who are choosing to live together and not marry.
?The number of...
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Posted in Industry News by Victoria Tilbrook | 28.08.07
I have recently been appointed the Regional Press Officer for the West Yorkshire Group of Resolution. Resolution is a family law organisation which promotes a constructive and non-confrontational approach to family law. All my colleagues in the family law team are members of Resolution and we adhere to this approach in all of our cases.
In my role as the Regional Press Officer I will represent and promote the views of Resolution to the media in the West Yorkshire area, enhance the reputation of Resolution Yorkshire and to make sure that Resolution?s aims and policies are understood by the public at large, and by key influencers in the community.
Over the...
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Posted in Clarion News by Victoria Tilbrook | 24.08.07
July 5th 2007 saw our Private Client Team re-launch in a ?Wimbledon Themed BBQ Extravaganza?.
As could be expected we suffered the Wimbledon week curse of bad weather but we didn?t let the rain dampen our spirits.
The Private Client Team were delighted to be joined by many clients and contacts for a delicious BBQ washed down with Pimms and lemonade and followed by the obligatory strawberries and cream.
Our guests also tested their sporting knowledge in our tennis themed quiz. Matthew Stott from St Paul?s Chambers won a tennis racket and Carl Gledhill from Arthur Doodson (Brokers) Ltd Insurance Company win a personal training session with Lysander Pollitt of Pro-Bono...
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Posted in Industry News by Stephanie Thirlwell | 24.08.07
The main provisions of the new Domestic Violence, Crime and Victims Act 2004 (?the Act?) came into force on 1 July 2004. The Act was introduced to make up for the deficiencies in the Family Law Act 1996 with regard to domestic violence. In particular, it seeks to offer greater protection to the victims of domestic violence by criminalising breaches of Non-Molestation Orders.
The definition of ?associated persons?, has now been broadened. The term ?associated persons? (i.e. those who can apply for non-molestation orders and against whom), was previously defined as those who were married or previously married, cohabiting or former cohabitees, living or having lived in the same household, engaged or previously engaged to...
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Posted in Industry News by Clare King | 22.08.07
According to statistics, some 300,000 Britons are registered as permanent residents of Spain, and a further million of us own a second home there. It is essential for anybody who owns a property abroad to consider carefully what will happen to this property in the event of their death.
The first sensible piece of advice is that anybody who owns a property abroad, in Spain or otherwise, should seek legal advice as to what will happen to their property in the event of their death. In England and Wales, we have complete testamentary freedom to leave property to whom ever we wish on our death. This is not the case in all countries...
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Posted in Industry News by Stephanie Thirlwell | 21.08.07
Postal worker Angela Kelly won a ?35 million jackpot in Friday?s Euromillions draw, although she didn?t realise that she had won the money until she checked her ticket on Monday. Ms Kelly lives in Glasgow with her 14 year old son after having separated from her husband some time ago. Ms Kelly, although separated from her husband has not started divorce proceedings. This raises the question; will the husband have a potential claim over Ms Kelly?s new found wealth?
Although I cannot comment on the law in this case specifically as it relates to Scottish law, I can look at the position if the same circumstances arose in England.
If divorce...
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Posted in Industry News by Emma Blackstone | 20.08.07
In October 2003, I left Clarion to start a family. Fours years later and I have my two boys, Elliott (3) and Matthew (1). Whilst the draws of motherhood have kept me at home with them until now, my desire to resume my career (and maintain my sanity!) have brought me back to work.
I am in the fortunate position of being able to work part time. I am at work two days a week, each Monday and Friday. The benefits to me are obvious. I get to spend a significant proportion of my week at home with the boys and the disruption to them is minimal.
The benefit to the client perhaps requires further...
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Posted in Industry News by Emma Blackstone | 17.08.07
Details of the latest multi-million celebrity divorce have recently come to light following the out of court settlement between Greg Norman, the two times Golf Open Championship winner and his wife.
Mrs Norman received $100m (?50m) from the golfing legend, representing approximately one third of his fortune. It is alleged that, despite previous attempts to resist his Wife?s claim for half his fortune, the settlement was put forward by Mr Norman after his Wife?s lawyers sought further financial information regarding the golfer?s new partner, tennis player Chris Evert.
Whilst not a matter within the jurisdiction of the English Court, it is interesting to compare the facts of this case...
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Posted in Industry News by Roger Hutton | 16.08.07
I was recently asked to give a seminar for a client, having made the mistake of agreeing, I needed to look round for a suitable subject. I came across Hill and another v Haines. This is a decision on appeal where the trustee in bankruptcy of a divorced husband successfully reclaimed assets which had been transferred to his wife. The property had originally been transferred to the bankrupt?s wife pursuant to a court order following a fully contested ancillary relief application.
On the face of it the case simply went someway to clarifying the current thinking in such cases but actually it represents a significant shift in favour of the creditors...
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Posted in Industry News by Victoria Tilbrook | 16.08.07
Can Collaborative Law Help Reach a Less Stressful Solution in Cases of Relationship Breakdown?
Currently, I specialise in divorce cases, high value ancillary relief (financial) matters and cases relating to children. I also trained in collaborative law in 2006.
Collaborative law is the new approach to resolving issues in family breakdown. It involves talking things through and working out the best solutions to ease the pain of relationship breakdown and to create the best chance of building a brighter future for all parties.
How Does Collaborative Law Change the Way that people Resolve Family breakdown?
Traditionally, when couples split they each take independent legal advice from specialist family lawyers. They work through their...
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Posted in Industry News by Sara Rogers | 15.08.07
Many leisure facilities for the provision of sports, arts and heritage are now being administered through charitable trusts, as the Government encourages those within the voluntary and community sector to become involved with such facilities and services.
Many new charitable organisations are springing up to utilise the advantages of charitable status ? such as tax and council tax savings, access to areas of funding previously denied to them.
There are a number of structures available for these organisations including unincorporated associations and companies limited by guarantee. In the future, the Charitable Incorporated Organisation will be available as a charitable company which will be regulated by the Charity Commission.
Clearly there are many advantages...
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Posted in Industry News by Lynsey Harrison | 15.08.07
Controversy surrounding social networking sites has exploded into the media spotlight as interest in the sites has risen dramatically in recent months.
Whilst these sites have a number of positive uses, criticism has been levelled at them with warnings that users are exposing themselves to numerous dangers including identity fraud by posting too much personal information. Most recently social networking sites have also been criticised for allowing bullying or rather ?cyber-bullying?.
The most infamous example so far of cyber-bullying came in the guise of library worker Graham Mallaghan. More than 360 students at the University of Kent had joined a group on Facebook to post derogatory messages about him without his knowledge. Mr...
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Posted in Industry News by Victoria Tilbrook | 07.08.07
Can same sex couples entering into civil partnerships be charged with bigamy?
Suzanne Mitchell a 29 year old mother of 3 entered into a civil partnership with another woman whilst she was still married to her husband.
It was recently reported in The Times that Mrs Mitchell was to be the first British lesbian to be convicted under new civil partnership rules. This is technically incorrect as bigamy does not apply to civil partnerships. Suzanne Mitchell has been convicted of making a false statement to a registrar with regard to her ability to enter into a civil partnership. This offence is contained within the Civil Partnership Act and is an offence of perjury introduced...
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Posted in Industry News by Stephanie Thirlwell | 02.08.07
It is sometimes the case in divorce proceedings that either party may wish to put financial matters aside or choose not to pursue any financial claim at all against their former spouse in the first instance. However, are there any detrimental consequences of delaying proceedings relating to finances following a divorce?
This matter was discussed some twenty years ago in the case of D v W where it was stated that:
?There are certain detrimental consequences of delay. The first is that delay endangers bitterness and hostility between the parties which is detrimental to the whole family....delay inevitably increases costs....further with the change in property values and with inflation as...
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Posted in Industry News by Lucie-Jane Hugill | 01.08.07
The recent case of Prudential Assurance Company Limited v Ayres [2007] EWHC 775 (Ch); [2007] 28 EG 122 will be causing alarm bells to ring amongst landlords. Landlords have been used to protecting their position when tenants assign their leases. Historically, landlords could rely on the privity of contract rule and a range of covenants to allow them to pursue the original tenant when an assignee defaulted. The Landlord and Tenant (Covenants) Act 1995 (the 1995 Act) changed this, with all leases granted after 31 December 2005 being classed as ?new? tenancies and providing that tenants only remain liable when leases remain vested in them (i.e. have not been assigned). However, the 1995 Act did allow authorised guarantee agreements, a document...
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Posted in Industry News by Mark Burns | 01.08.07
Pre-nuptial agreements are now frequently referred to in the media with more and more celebrities who are preparing for marriage listing ?signing of pre-nup? among the usual wedding preparations! Pre-nuptial agreements are those entered into before a marriage, which set out the way in which the prospective husband and wife will hold their assets when they are married, and in the US they define what will happen if the couple gets divorced.
We are all aware that pre-nuptial agreements are most commonly used in the US and until recently such agreements have been given very little weight in English Courts when dividing up the ?matrimonial pot?. However, recent cases have had an...
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Posted in Industry News by Mark Burns | 31.07.07
This week saw the Court of Appeal allow the appeal of Dennis North to succeed following the Order of a District Judge in April 2006 that provided for Mr North?s former wife to be awarded a further ?202000 following a financial settlement nearly thirty years earlier.
Mr North is a 70 year old builder who has amassed personal wealth estimated at between ?5 million and ?11 million, much of which accumulated in the years following his divorce to his first wife.
Mr and Mrs North married in 1964 and had three children together. In 1977, Mrs North left the matrimonial home after having an affair, leaving Mr North and three children. The parties were divorced in 1981 and a...
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Posted in Industry News by Mark Burns | 31.07.07
The Law Commission has reported that the current law regarding cohabiting couples is ?complex, uncertain and expensive to apply and because it was not designed for cohabitants, often gives rise to outcomes that are unjust.? The economics of breaking up is once again being questioned as the government consider whether additional legislation is required.
Subsequent to the Law Commission?s consultation paper in May 2006 Cohabitation: The Financial Consequences of Relationship Breakdown, the Commission have been continuing their advisory project on this ever controversial area. The project looked at people who are living together but have not married or formed a civil partnership. The status would also be available to same-sex couples who...
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Posted in Clarion News by Sara Rogers | 27.07.07
If I had to spend a night in a car, I suppose it could have been worse. At least it was warm and I didn?t need to visit the clump of bushes next to the motorway in the pouring rain, like many of the poor souls in other cars!
The 5 hour trip to Cornwall turned into a 19 hour trip. It was raining last Friday and the traffic on the M6 and M5 was heavy, and slow. Eventually the crawl became stop, start and then just stop. That was about 10pm at Tewkesbury. At 4.30am things started to move again, slowly, past the flooded areas of the motorway with abandoned cars littering...
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Posted in Industry News by Lucie-Jane Hugill | 26.07.07
So Tony Blair?s out and Gordon Brown?s in, leading to a new legislative programme for us to digest. Revealing plans that are usually only unveiled in the Queen?s speech, Brown?s address sets out the Government?s various proposals on a variety of issues. As well as covering plans to increase more affordable housing and ways to tackle climate change, a major part of the legislative programme concerns planning and both the Planning Bill and the Planning Gain Supplemental Bill (PGS).
On the Planning Bill, Brown confirmed that the development of major infrastructure projects will be sped up as will planning generally. The recommendations of two recent reports (Barker...
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Posted in Industry News by Julia Pearson | 19.07.07
Social networking websites such as Myspace and Facebook are traditionally viewed as harmless ways of interacting with friends and acquaintances. However, some sites are also frequently used by employers to investigate applicants and by university authorities as a disciplinary tool. Many people think that content in cyberspace can elude the law due to it being multi-jurisdictional or, because of the transient nature of the postings, they do not realise that a posting on such a site can constitute a defamatory publication.
A defamatory statement is one that lowers a person?s reputation in the estimation of right-thinking members of society or causes that person to be shunned or avoided. However, even if...
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Posted in Industry News by Sara Rogers | 09.07.07
Prison, hospital or care home ? which offers the most rights for the detained?
How can the position of someone who is in prison, or is staying in a hospital or who is being looked after in a care home, possibly be linked? In each case and in particular circumstances, someone can be detained against their will and their rights differ greatly dependent on where they are and why they are there.
Those who find themselves in prison because they have been accused or convicted of committing an offence, have the right to have their detention reviewed under the criminal justice system. People remanded in custody awaiting trial have the right to apply...
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Posted in Industry News by Susannah Bottomley | 03.07.07
For an individual to engage in a transaction, whether it be providing instructions for the drafting of their Will or entering into an agreement to gift a proportion of their land to another, they must enter into this transaction of their own free will having made an informed decision to do so. In some cases however individuals can be subject to pressure from third parties, maybe family members or friends, who influence the individual into making a certain decision, normally in favour of the third party. This is know as ?undue influence?, and if proved can invalidate the transaction. It is often elderly or otherwise vulnerable individuals who are subject to undue...
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Posted in Industry News by Clare King | 03.07.07
Many clients of the firm may already be familiar with the Enduring Power of Attorney document by which you can appoint up to four Attorneys to administer your financial and legal affairs should there come a time in the future when you are physically or mentally unable to do so yourself.
The current format of the document is relatively straightforward and it can be used as and when necessary while the person granting the power of attorney, ?the Donor? still has full mental capacity. For example if the Donor was out of the country when some important documents required their signature, or broke their arm and was unable to write or even...
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Posted in Life in Leeds by Sharon Pallagi | 28.06.07
Review of The White Bear and Black Sheep Brewery, Masham
One of my favourite ways of spending a Sunday is to find a traditional, country pub in which to have a Sunday Lunch and relax with family and friends. This father?s day was no exception. Largely as a treat for my dad, but my mum, myself and my husband also benefiting, I booked to go on a tour of the Black Sheep Brewery at Masham, followed by lunch at the White Bear for father?s day.
The weather, as it has been recently, was quite miserable, although there were periods of sunshine. Masham itself is easy to get to from both...
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Posted in Industry News by John Mackle | 25.06.07
6 April 2007 saw an important change in relation to offers to settle. Unlike many rule changes, it goes to the crux of what most commercial disputes are about (on the surface, at least) ? who pays whom how much money as damages/compensation and who pays the legal costs of the dispute. Part 36 was popular and the change (the abolition of the requirement for Defendants to pay into Court to back up their Part 36 offer) will make it more so.
For some years parties to disputes have been able to make ?Part 36? offers to settle. Part 36 refers to the relevant part of the Civil Procedure Rules which govern litigation in England and Wales.
Let...
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Posted in Clarion News by Richard Moran | 21.06.07
May 2007
Clarion advises Wild Bennett Homes on the ?1.1 million phased acquisition of a development site in Everton, South Yorkshire
Adviser to buyer and lender
March/April 2007
Acquisition of development sites in Knottingley and Bradford for an aggregate consideration of ?4.05 million
Adviser to buyer, McInerney Homes
March 2007
Clarion advises Nexum Leisure in relation to the acquisition of a nightclub business based in Barnsley and property sale and leaseback
Adviser to buyer
March 2007
Demerger of Broca Plc from 2ergo Group Plc and the ?19.6 million AIM float of Broca Plc
Adviser to Numis Securities, Nomad to 2ergo Group Plc and Broca Plc
February 2007
Clarion advises DTZ Debenham Tie Leung on the sale of its Wetherby...
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Posted in Industry News by Lucie-Jane Hugill | 13.06.07
If you can?t afford to move or simply don?t want to, but still fancy altering your home, you will be pleased by the planning changes proposed by Ruth Kelly at the end of last month.
Presently, hundreds of pounds (and sometimes thousands) are spent obtaining planning permission for just minor works. Solar panels, loft conversions, porches and extensions all need planning permission which, as well as the cost, takes several weeks. Under the changes, appeals have to be lodged within 8 weeks rather than 6 months, and the timeframe to deal with standard householder appeals is 8 weeks rather than 16 weeks.
Also under the new proposals, home improvement developments will be able to...
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Posted in Industry News by Joanna Downes | 31.05.07
It was reported today that teachers have been given the legal right to search pupils and refuse entry to the school to any pupil who refuses to be screened for weapons. This has sparked a huge amount of controversy as it is argued that this infringes the pupils? human rights and takes us too far into the realms of a ?nanny state?.
But what happens when we leave the school yard and go to a business premises. Do the same rules apply? If teachers can stop and search, can employers too? What happens if you suspect one of your employees to be carrying a weapon, or illegal drugs? Or how about an...
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Posted in Industry News by Mark Burns | 30.05.07
That would appear to be the view of Mr Sharman following the Court of Appeals rejection of his Appeal against the 48 million pounds award against him by the High Court. Apparently equality is all very well for the huddled masses but the super wealthy should have different rules. There will be perhaps little sympathy with that as a view. One wonders if that were the case what rules should apply to the lottery winning spouse of a middle income couple. Should the fact that they are suddenly wealthy exempt them from the accepted ideas of partnership and equality?
As I said in earlier pieces on this subject and will repeat here it...
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Posted in Clarion News by Lucie-Jane Hugill | 29.05.07
And the winner is?
?Hilmore House, Bradford. At least that was the winner of the commercial category sponsored by Clarion. Hilmore House is the corporate headquarters of WM Morrison and was constructed to bring various departments together from 9 different locations across the UK. Built under rigid time constraints by Shepard Construction, the building is a mixture of old and new, and is built partly from Yorkshire stone.
There was a Highly Commended too in the commercial sector (a runner up if you like) and this was awarded to the Frenchgate Interchange Scheme in Doncaster. This is a ?200m refurbishment of the Frenchgate Centre involving a bus station, the mainline railway and numerous...
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Posted in Clarion News by Julia Pearson | 29.05.07
The history of our firm's ladies 5-a-side team has not been a particularly successful one, until now!
Over the years playing in the Ladies Law League has often involved weekly painful experiences on cold winter nights conceding no less than an average of about 10 goals, maybe 20 on a bad night. Goals from us were like gold dust.
However, commitment and training has finally paid off and since last summer when we appointed our coach, Lysander Pollitt, a dramatic turnaround has come to pass. In short, it would appear that we learnt how to kick a football.
I need report no more than this - the stats speak for themselves:
End of season 2005/2006 - 32 games - 3...
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Posted in Clarion News by Lucie-Jane Hugill | 25.05.07
Tonight sees the RICS Pro Yorkshire Awards take place at Leeds Town Hall. These annual awards celebrate innovative developments and schemes across our region.
Clarion are again sponsoring the commercial category (yours truly has the task of presenting the award without tripping up the steps to the stage) and with the short-list including impressive projects in Leeds, Bradford, Doncaster and Hull, choosing a winner must be a difficult task.
In just over 15 hours it will probably all be over (at least the actual awards ceremony will be; the partying might not) and we?ll know who the gold medallists are.
Stay tuned to find out the winners?
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Posted in Industry News by Lucie-Jane Hugill | 24.05.07
The Sunday Times recently published its Rich List and I must say that the property industry has done rather well. The annual list catalogues (amongst other things) the 1000 wealthiest individuals or families in Britain and, as well as the expected well known musicians and sports personalities, there were several property people listed.
By my calculations (and admittedly I?m not known for my mathematical skills but I have since had this verified) over 20% of the list, and almost half of the top 50, concerned people in the property world (landowners, developers, entrepreneurs and the like). At number 3, the top property person was the Duke of Westminster with his ?7bn fortune. Now if that...
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Posted in Industry News by Andrew Stewardson | 22.05.07
Further to my previous blog on this subject it has today been announced that Home Information Packs will not be introduced until 1 August 2007. Furthermore they will only be required for sales of properties which have four or more bedrooms. It is anticipated that the packs will then be phased in for smaller properties although no timeframe for this is currently available.
The decision seems likely to unsettle the property market even further. Figures for May show that a much higher number of houses are currently being put on the market to avoid the requirement to purchase a HIP. It remains to be seen what effect this latest announcement will have.
I will...
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Posted in Industry News by Rob Rode | 18.05.07
I have just concluded acting as Solicitor Advocate in a multi-million pound fraud prosecuted by the Serious Fraud Office. I was led by Jason Macadam. As HHJ Durham-Hall QC stated in his concluding remarks ?those in London and elsewhere who think that juries cannot do fraud trials should think again. If they want an example of how a jury can conduct themselves they only need look here?.
The case involved a fraud operated between 1996 and 2000 via a number of companies collectively known as Engineering with Excellence and then later InterGB Group operated from head offices based in Newcastle.
The companies worked primarily within the engineering sector, often on projects connected with the...
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Posted in Industry News by David Arundel | 18.05.07
The most recent statistics show that more than 30,000 people entered into some form of insolvency procedure during the first three months of 2007 in England and Wales. Nearly 17,000 people were declared bankrupt whilst just over 13,000 entered into an individual voluntary arrangement (?IVA?).
An IVA is often seen as a softer option than bankruptcy. It is a mechanism whereby a debtor reaches an arrangement with his creditors to repay them a certain percentage of their claims, often over a period of years by way of monthly payments. It is overseen by a licensed insolvency practitioner.
In recent years the number of IVAs in England and Wales has rocketed, due in no small part to...
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Posted in Industry News by Alison Batty | 16.05.07
Practically all modern day commercial property leases contain a qualified covenant on the part of the Tenant, which prevents assignment of the lease without the consent of the Landlord ?such consent not to be unreasonably withheld or delayed?. Commonly the Landlord is able to impose conditions on granting consent to an assignment which often include the requirement for a guarantor thereby giving the Landlord additional comfort that the incoming tenant, or it?s guarantor will comply with the terms of the lease and ultimately pay the rent.
The extent to which such guarantees do offer comfort to the Landlord has however, recently come under the scrutiny of the courts where company voluntary...
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Posted in Industry News by Andrew Stewardson | 14.05.07
With the arrival of the Home Information Pack just around the corner I thought this was a good time to clear up some of the issues surrounding this controversial change to the residential conveyancing process.
? What is a Home Information Pack (HIP)/Seller?s Pack?
The HIP will contain key information about the seller?s property which would previously only have been available later in the conveyancing process. The packs will also contain information about the environmental performance of the property. This is the first time that this information has been available to prospective buyers.
? Why would you need to buy one?
It will be necessary to buy a HIP if you...
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Posted in Life in Leeds by Joanna Downes | 11.05.07
I?ve decided that it?s about time that I did a Life in Leeds blog, and what better time than the week in which I have sampled the delights of Japanese restaurant Little Tokyo for a friend?s birthday. Little Tokyo is situated on Central Road, behind House of Fraser and not far from the Corn Exchange. Yet despite being a regular visitor to the Hifi Club on the same road, I had no idea that it even existed.
It?s not a large restaurant (there is some outdoor seating, but in the pouring rain this wasn?t a great option for us) and is set on two levels, with a...
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Posted in Industry News by Simon Young | 08.05.07
I am to date a "blog virgin". However, the recent launch of the new Code for Leasing Business Premises England and Wales 2007 ("the Code") has given me the impetus required to make a posting. "Sad" I hear you say, but there you go.
The Code is the result of many meetings and consultations between various commercial property professionals and industry bodies representing business landlords and tenants.
The Code's objective is to make commercial leases fairer and to make the appropriate information readily available to enable occupiers of business premises to properly negotiate lease terms.
The Code has 3 sections:
1. 10 requirements for landlords to ensure their leases comply with the Code.
2. A guide for...
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Posted in Clarion News by Mark Burns | 24.04.07
Having launched Clarion with a splash of glorious techni-colour on our website and around the office, we have now adopted a different colour. Green.
It is hard to ignore the impact we are all having on the environment. Clarion have therefore pledged to actively reduce their carbon footprint. Just knowing that leaving a photocopier on overnight uses enough energy to produce over 1,500 copies is enough of an incentive to make sure it is switched off each evening.
We have, for years, shredded our waste paper and recycled our printer cartridges.
So far this year, we saved 37 trees by recycling paper. Now, not only do we recycle our paper, we try to use...
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Posted in Industry News by Sharon Pallagi | 23.04.07
The Debt scheme and the S.103 problem.
The case of Phizackerley V CIR has attracted recent media coverage, causing concern to practitioners and clients who have nil rate band discretionary trusts included in their wills, and particularly where first death has occurred and clients have the trust already set up and the debt scheme already in place. In light of the case is there a cause for concern?
S.103 FA 1986 deals with ?artificial debts? and prevents the deduction of the debt from the estate of the second to die where, and to the extent that, the consideration given for the debt or encumbrance consists of property derived from the deceased who donated...
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Posted in Life in Leeds by Clare King | 18.04.07
La Bonne Vie
Mmmmm long lazy summer days spent doing nothing more strenuous than hauling yourself out of bed in time to stroll to the local shop for bread and croissants, followed by long periods of lying horizontal in the sun with a good book to recover from the strain of having to keep yourself topped up with food and drink. Sounds like heaven and a dream that I am hoping will turn into reality if our new plan of finding and purchasing a little holiday bolthole in the Limousin region of France comes to fruition.
My husband and I currently live in Bradford, and our plan of buying a cheaper house...
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Posted in Life in Leeds by Sharon Pallagi | 18.04.07
To Wii Or Not To Wii?
I have never been into gaming. I am not interested in PlayStations or going into Arcades with noisy games, and can still remember playing space invaders on my Amstrad computer, so I am a bit behind the times! The Nintendo Wii has therefore taken me by surprise, brought me back into this century as far as gaming is concerned, and I am hooked!
This gadget was launched before Christmas, but it has become the most sought-after gadget in Britain. Nintendo have created a frenzy, as I was informed by many retailers that they are not told by Nintendo when delivery dates and the stock amount are...
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Posted in Clarion News by Stephanie Thirlwell | 12.04.07
I was invited to attend a law fair at BPP College of Law in Leeds on 21st March 2007. The event was primarily for those looking to use a law qualification to go into an alternative career or to become a paralegal.
It soon became apparent that there were so many students there who were desperately trying to obtain a training contract and were going to alternative career events to try to obtain a training contract via an unconventional route, such as becoming a legal secretary or a paralegal with the view to being offered a training contract at a later date.
I spoke to one foreign student who had taken a year...
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Posted in Industry News by Stephanie Thirlwell | 12.04.07
I recently conducted some research into the validity of marriages and in particular bigamy and its effect on a claim for ancillary relief. As we know, certain marriages are treated as ?void? or ?voidable? meaning in essence that they are invalid.
The Matrimonial Causes Act 1973 sets out the grounds on which a marriage is void. One of the grounds being that at the time of the marriage either party was already lawfully married or a civil partner.
A void marriage will be regarded by every court as never having taken place, and can be so treated by both parties to it without the necessity of any decree annulling it. Although a decree...
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Posted in Industry News by Joanna Downes | 04.04.07
Last Thursday an English secretary, who was dismissed last year from her position in Paris for keeping an online diary, was awarded 44,000 euros in compensation and 500 euros in costs by an Industrial Tribunal.
This case serves to highlight the need for employers everywhere to address the blogging phenomenon. Getting it wrong can lead to substantial losses, not only financially, but in terms of businesses reputation by virtue of the high levels of publicity these cases are getting.
Catherine Sanderson kept a ?Bridget Jones? style blog containing stories of her life in Paris under the pseudonym ?La Petite Anglaise?. She did not refer to her employer?s name, nor the nature of their...
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Posted in Life in Leeds by Susannah Bottomley | 04.04.07
I recently attended a recruitment fair at BPP Law School, which was intended to promote non legal careers for the students. As a paralegal, who has yet to embark on a training contract, I was able to offer some assistance with possible careers within the legal profession for those who do not wish to qualify as a solicitor, barrister or legal executive.
I was approached by a number of students asking questions about the role I play as a paralegal and the type of work that I do on a day-to-day basis. Various individuals expected that as a paralegal I would be classed as the dog?s body and be passed the...
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Posted in Industry News by Victoria Tilbrook | 04.04.07
Chris Tarrant is currently in the midst of divorce proceedings and according to a recent press article his wife, Ingrid Tarrant is alleging that the ?Who Wants to be a Millionaire? host is hiding ?15 million and only disclosing ?20 million of his assets. What protection does the Family Law Protocol offer for financial settlement within divorce proceedings to fairly establish the matrimonial pot to be distributed between separating married couples?
It may seem ironic that reaching a financial settlement within divorce proceedings requires both Husband and Wife to be frank, transparent and communicative. The financial aspect of divorce proceedings is known as ancillary relief. Disclosure in divorce proceedings is a common area of...
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Posted in Clarion News by Mark Burns | 27.03.07
It has been a little time since my last diary entry. I hope that is a reflection of how busy the practice has been rather than an indication of the dullness of my own existence.
The 22nd March will certainly go down as a day of infinite variety. It is great for us to be involved in the Corporate Challenge for the Leeds 10K raising money for Jane Tomlinson?s Appeal. All of our clients, contacts and competitors will be receiving a challenge from us to take us on athletically on 24th June.
I spent part of the afternoon of the 22nd with some brave colleagues outside the City of Leeds Art...
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Posted in Clarion News by Julia Pearson | 26.03.07
The date for the ClarioNet launch has finally been fixed. It will take place on Wednesday 4 April 2007 from 6pm in Epernay in the Electric Press complex on Great George Street. If you are interested in attending please contact Lynsey Harrison (l.harrison@clarionsolicitors.com) or Julia Pearson (julia.pearson@clarionsolicitors.com).
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Posted in Clarion News by Susannah Bottomley | 23.03.07
Solicitors for the Elderly is a national organisation which consist of lawyers practicing in various areas of Personal Law, working together to provide a much needed legal service for elderly and vulnerable clients.
The group recently organised a talk from the HM Coroner responsible for dealing with deaths in the Yorkshire area. The presentation was extremely interesting and encompassed a vast amount of valuable information.
There are a number of cases in which a death should be referred to the HM Coroner, the most obvious of which being when a death cannot be readily certified as being due to natural causes. In contrast to general public opinion the coroner is not only...
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Posted in Industry News by Alison Batty | 21.03.07
The short answer is no! Mr Brown has not used this, which is potentially his last budget announcement, as the opportunity to increase SDLT thresholds and therefore access to the property market for the thousands of people struggling to take the first step.
The budget has confirmed that measures will be introduced to extend the relief given in respect of shared ownership leases to shared ownership trusts so there is small concession there however, in the main, the SDLT thresholds will continue as previously.
There were, obviously some welcome budget announcements such as the staged increase of the Inheritance Tax thresholds to ?350,000 by 2010/11 however, again with rising property markets one has to...
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Posted in Life in Leeds by Steve Milner | 21.03.07
Altogether now, sing along with Tom, ?Why, why, why??
?did I bother going to the Millennium Stadium again?
I have been to Cardiff quite a few times now and I like the place. However, I must be one of the most unluckiest fans any team can have supporting them on a trip there. At the weekend I visited the fantastic stadium for the fourth time, and for the fourth time I returned home defeated! (Leeds Rhinos x2, Leeds United, and now England)
The weekend was not entirely depressing however. The stadium is the best I have been to. It remains to be seen whether the new Wembley can match it. Personally, I...
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Posted in Industry News by Alison Batty | 21.03.07
Today is the day, budget day 2007. One of the hottest topics around at the moment is the difficulty that people are having in getting on to the property ladder. Although plans are in place to improve the supply of new housing and changes are imminent with regard to affordable housing measures, one other way that would assist is an increase in the SDLT thresholds.
At present, SDLT is chargeable in respect of residential property transactions at the following rates: ?0 - ?125,000 = 0%; ?125,001 - ?250,000 = 1%; ?250,001 - ?500,000 = 3%; and ?500,001 + = 4%. With the majority of residential properties across the country now being sold in excess of ?125,000 it is argued that there needs to be a considerable increase in the thresholds to reflect rising...
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Posted in Industry News by Sharon Pallagi | 20.03.07
A ?Right to die?
I recently read an interesting article which raised the issues of whether a person should have the ?right to die?.
The example given was that of Kelly Taylor, aged 30, who suffers from Eisenmenger?s syndrome and Klippel-Feil Syndrome, she has heart and lung and spinal conditions. She has been given less than a year to live and wants doctors to increase her medication to induce a coma-like state.
Kelly has a medical advance directive in place asking doctors not to provide artificial food or hydration, which she then wants doctors to follow as it will hasten her death.
Not surprisingly doctors have refused her requests, saying it amounts...
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Posted in Industry News by Sara Rogers | 20.03.07
Answer ? Since the Charities Act 2006, when it fails the ?public benefit? test.
There has not been a universal definition of the word ?charity?. It has been defined over the years in case law and up to now an organisation would be considered a charity if it was formed to relieve poverty, to advance education, to advance religion or for other purposes which are beneficial to the public.
The Charities Act 2006 (the Act) now gives a longer list of charitable purposes including ?the advancement of amateur sport?, ?the advancement of citizenship or community development? and ?the advancement of environmental protection or improvement?. But it also includes a definition of ?any other purposes recognised...
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Posted in Life in Leeds by Sara Rogers | 20.03.07
You remember the story ? princess pricks her finger, evil witch, princess sleeps for a century, spell broken by kiss from handsome prince.
The new production of the story by David Nixon at the Northern Ballet Theatre takes a few liberties with the plot, as well as the music. It is a futuristic setting amid Red Planet versus Blue Planet hostilities. The royal daughter of the Blue Planet (the ?goodies?) is promised to the royal son of the Red Planet (the ?baddies?) in an attempt to reconcile the warring parties. But it is only a cunning plot by the Red Planet to take over the Blue Planet ? the prince murderers the princess on...
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Posted in Industry News by Joanna Downes | 16.03.07
The Health Act 2006 will completely ban smoking in enclosed and substantially enclosed public places from 06.00 on 1 July 2007. There has been much in the press about the likely effect of the ban on pubs and bingo halls (since the ban was introduced in Scotland in March 2006, many bingo clubs have been forced to close, causing the loss of a number of jobs), but there has been much less information on what impact other businesses can expect.
Recent research suggests that, although most employers know of the forthcoming changes, they are not necessarily aware of what the changes will mean for their businesses. Croner, a business advice and consultancy firm, found that whereas around...
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Posted in Industry News by Victoria Tilbrook | 15.03.07
Isn?t life so much easier when people work together to achieve a solution?
In family law, the days of ?keeping your powder dry? until the courtroom door are long gone. Protocol now insists on full and frank disclosure of each party?s income, capital, assets and liabilities, when moving towards resolving the financial issues in divorce proceedings. Aggressive litigation is no longer the order of the day in the majority of cases and, quite often, Court proceedings are only issued simply to provide a timetable to work to in the event that negotiations breakdown.
Many family lawyers, myself included, are members of Resolution and, as such, are committed to adopting a...
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Posted in Industry News by Ryan Millmore | 13.03.07
It is well established that where a person is a director/shadow director of a company that goes into insolvent liquidation then he may be personally liable for the debts of another company if he is a director/shadow director of that other company and that company has a ?prohibited name? - a name the same or similar to that of the liquidated company.
Not only may that person be personally liable for the debts of the other company (?the successor company?) but could also be liable to a fine and/or imprisonment. The relevant provisions are contained in ss 216 ? 217 Insolvency Act 1986 and are designed to protect the public/creditors from directors repeatedly...
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Posted in Industry News by Joanna Downes | 09.03.07
Blogs by employment lawyers have recently appeared in the news, since Mark Ellis, a solicitor from a Chester-based law firm, gained a cult following when he claimed in his blog that unfair dismissal laws should be scrapped. Arguing that productivity would soar if businesses were able to get rid of employees they did not like, employers everywhere clamoured to agree.
The government has now been forced to defend this building block of English employment law in response to more and more calls for the law to be ditched. Those in support of the law contend that it protects employees; that we cannot, and should not, get rid of a law that prevents...
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Posted in Industry News by Alison Batty | 08.03.07
It is not very often that Town and Country Planners have the opportunity of assisting with a potential national crisis however, their time has come in respect of bird flu.
On 20th February 2007 the Town and Country Planning (General Permitted Development) Order 1995 (?GPDO?) which confirms that certain types of ?development? do not require specific planning permission, was extended to include the erection of temporary buildings which are used to house poultry and other captive birds in order to protect them from avian influenza.
The initiative is admirable. At a time of concern for many of our poultry farmers they don?t have to endure the arduous task of obtaining planning permission to...
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Posted in Industry News by Sharon Pallagi | 07.03.07
The Chancellor will present the government?s Budget for 2007/08 on Wednesday, 21 March at 12.30pm.
Gordon Brown announced the biggest change to Inheritance Tax (IHT) in the last Budget, affecting not only the wealthy but also anyone who wanted to give assets in trust. The changes were announced without consultation and provoked a storm of protest from professional bodies.
What changes can we expect in relation to IHT from this Budget?
1. Fearful for PETS?
All outright gifts to individuals during lifetime are potentially exempt transfers (PETS), and are exempt from IHT provided the person making the gift survives for seven years.
This provides an avenue for individuals to tax plan in their lifetime...
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Posted in Industry News by Mark Burns | 07.03.07
The appeal in the case of Charman v Charman will I suggest do nothing to change the law. Like the much talked about (or should I say gossiped about) case of McCartney v McCartney the issue will be how big and not why.
The law is not clear but how can it be when every case turns on its own facts. Outcomes in these cases are based on subjective principles of fairness. As a family lawyer all I can do is advise my clients on a range of possible outcomes based on my experience of different situations and facts. No lawyer how ever good can give you the definitive answer.
It will...
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Posted in Industry News by Alice Pratt | 05.03.07
The High Court of Justice has ruled in the case of Exeter City Council v Bairstow and Others, Re Trident Fashions, that rates are payable in respect of non-residential properties as an expense of the administration where a company has entered administration and the property is used for the purposes of the administration.
In addition, the Court was asked to comment upon the payment of rates relating to non-occupied properties. Although this was not the main issue in this case the Court considered that such rates should also be paid as an expense of the administration as a necessary disbursement pursuant to Rule 2.67(f) Insolvency Rules 1986.
It had previously been considered that...
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Posted in Clarion News by Stephanie Thirlwell | 05.03.07
The 1st March 2007 spelled organised chaos for Clarion? trainees. It is that time again ? seat change. Trainees waited with bated breath to find out where they would spend the next six months. Then of course there was the obligatory post mortem.......who is going where, where will they be sat, who will be their office buddy and whom will they be working for. It is also usual for there to be a quick analysis of whose handover notes and unfinished work you may be forced to grapple with! My move was to be a swift change from Corporate & Commercial to Private Client.
After a few days of desk hopping in the Private...
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Posted in Industry News by Steve Milner | 01.03.07
The RAIB published its interim report into the causes of the accident on Tuesday this week. It laid the blame for the accident plainly on a set of faulty points, describing the condition of the Lambrigg 2B points as "the immediate cause of the derailment".
Points are used to enable trains to divert or join between two routes. In effect they are what allows a train to change direction. They work by having two rails that move from one side of the track to the other, and select the route (known as the switch rails) and are designed to abut against specially modified rails known as stock rails. The two switch rails...
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Posted in Clarion News by Mark Burns | 01.03.07
You have all read a lot about what we think about our practice and the fun of re-branding this great organisation. I would really like to hear from you about what you think (good or bad). Only if you tell us can we improve services or adopt across the firm, good practice, from other lawyers or sector teams.
We know it is always possible to do better and add value to our services. Your views and ideas would be most welcome. I would be delighted to have a dialog in this forum, or if you prefer you can always e-mail me privately.
We also have some questionnaires that we like clients and...
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Posted in Industry News by Clare King | 28.02.07
There has been a large amount of press coverage recently on a new report, prepared by the Personal Social Services Research Unit, into the rise of dementia and associated care costs. In the Personal Law Department, we assist more and more clients and their families who are facing the uncertain and often confusing prospect of living with dementia. With the rise in people suffering from dementia predicted to reach 1.7 million in just forty or so years? time it is an issue that may effect a large number of us.
Our involvement with people who suffer from dementia, most commonly from Alzheimer?s, takes different forms. We often assist people with putting in...
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Posted in Industry News by Steve Milner | 28.02.07
There are several investigative authorities likely to be involved with the investigation into the accident and any potential proceedings that might follow.
The Rail Accident Investigation Branch (RAIB) is the independent railway accident investigation organisation for the UK. The RAIB was established by the Railways and Transport Safety Act 2003 following recommendations in Lord Cullen?s inquiry report on the Ladbroke Grove rail accident in 1999.
By law, the RAIB must investigate all rail accidents involving a derailment or collision which result in, or could result in the death of at least one person; serious injury to five or more people; or extensive damage to rolling stock, the infra-structure or the environment. The RAIB...
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Posted in Clarion News by Alison Batty | 27.02.07
In 1923 Carrie Morrison was the first woman to be admitted to the role of solicitors following the passing of the Sex Disqualification (Removal) Act 1919. The uptake was slow and in 1967 just 2.7% of the profession were women. Today, 43% of solicitors are women and this figure is set to continue to rise with women making up 59% of new solicitors added to the role in 2005/2006. A quick glance at the profiles in the Property section of the Clarion website is testimony to this fact.
The Property world itself has changed significantly. The image of the doddery old property solicitor hand writing conveyances and colouring plans is greatly outdated partly as a result of an influx...
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Posted in Clarion News by Julia Pearson | 27.02.07
So the dust has settled after the launch of the new brand of Clarion on 1 February 2007. There is still excitement in the air and there is a feeling that a new era has dawned bringing with it opportunities for junior members of the Clarion team. It?s clear that the Clarion partners have a vision for the future which is refreshing and progressive.
The first challenge for us was the obvious issue of what we were going to call the networking group that was called MYLaw. As most of you know it stood for ?McCormicks Young Lawyers? and therefore there were two reasons for a new name: new age discrimination legislation and...
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Posted in Industry News by Steve Milner | 27.02.07
Last Friday's fatal derailment in Cumbria again calls into question the issue of repairs and maintenance on the British railway network. The accident is the latest in a long line of recent disasters that have cost a number of lives and seriously injured many more people. And the main reason for the accidents: poor maintenance.
Both the Hatfield and Potter's Bar accidents could have been avoided but for the poor repair and maintenance procedures, and now with yesterday's announcement of the interim report into the Grayrigg accident near Kendal, that faulty points were to blame, serious questions urgently need addressing about the maintenance procedures operated by Network Rail.
Over the course of...
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Posted in Industry News by Steve Milner | 21.02.07
Extensive powers already exist with local Trading Standards officers for the enforcement of a raft of offences under numerous statutes and regulations. These include food safety, trade descriptions, trade marks, and countless other consumer protection issues.
However, from April those powers are set to be strengthened under proposals to bring into force Section 107a of the Copyright, Designs and Patents Act (CDPA) 1988 to vest trading standards officers with powers to investigate and prosecute purely copyright infringement. Traditionally, trading standards relied on Trade Marks Act offences, but this did not cover infringement of rights pertaining to copyright alone.
Trade and Industry Minister Malcolm Wicks recently announced the new proposals:
"From 6 April, there'll be...
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Posted in Clarion News by Lucie-Jane Hugill | 20.02.07
Well just a few days following the launch of Clarion and we?re busy in the market place. 12 February saw the Leeds Sports Awards take place at the Civic Hall, with Clarion supporting the event (see web link below for pictures from the night). Mark Burns, Clive Lawrence, Julia Pearson and I all attended.
The awards honoured a variety of amateur and professional sporting personalities for their achievements during 2006. There were wins for boxer Carl Johanneson and athlete Tracey Morris, as well as special recognition awards for Jane Tomlinson and Paul Hunter. Up and coming stars were also recognised, covering an array of sports, and there were certainly some unusual entrants. Of...
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Posted in Clarion News by Sara Rogers | 19.02.07
Welcome to the world of Personal Law ! ? sometimes known as private client/wealth management/wills/trusts/probate. Our work includes all of these but a lot else besides.
I look after the team who deal with the enormous variety of work on which we advise. It is this variety and the close relationships which we build up with our clients and their families over many years which I enjoy.
We are an all-ladies team ? Clare, Sharon, Susannah and I together with our support staff Angela and Nicci. We are all dedicated to and qualified in this area of law. I admit (rather reluctantly) that I have over 30 years experience of practice, but...
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Posted in Clarion News by Mark Burns | 19.02.07
What better way to find out how well we are doing than from those at the ?coal face?? Every year Lex 100 carries out a survey canvassing the opinion of trainee solicitors and newly qualified on matters such as job satisfaction, quality of work, stress levels and how much we live up to their expectations. They even ask what make and model the firm would be if it were a car!
I, and my Partners, are pleased and proud that, out of the 120 firms that agreed to take part in the survey, Clarion were Lex 100 winners in no less than six out of ten categories. In fact, we scored perfect 10s in the...
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Posted in Clarion News by Steve Milner | 14.02.07
It?s not easy thinking of something to say to start off a blog on behalf of the Business Crime and Regulatory department (BCR), but thankfully a recent event has given me a nice easy first topic.
The Young Fraud Lawyers in the North Association, or YFLNA to give it a slightly more catchy, if at least not as wordy, title, was set up last year to bring together young professionals across the north of England practising in the field of fraud work, whether that be criminal defence or civil fraud work. Following elections for committee members myself and Julie Gowland, also part of the BCR, were elected to the posts of...
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Posted in Clarion News by Mark Burns | 09.02.07
So, it?s kind of official. Clarion have some pretty happy employees.
A recent study by the Carnegie Research Institute at Leeds Metropolitan University report in the Yorkshire Evening Post on Wednesday found employees who take a walk away from their desks are happier and more energetic. Not only that, they are healthier, have increased morale, better moods and higher energy levels.
We encourage colleagues at Clarion to take a break from their desks and participate in exercise in a number of ways. We run 3 lunchtime gym groups per week at Virgin Active Gym on Great George Street. During these sessions, colleagues can take part in activities such as dodge-ball and hula-hooping...
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Posted in Clarion News by Mark Burns | 07.02.07
Having recently taken part in a general knowledge quiz with 5 colleagues from the family team (well, one was drafted in from another department at short notice), it became clear to me that we are in possession of some very obscure knowledge! We knew, for example, that the name Wendy was only invented for the story of Peter Pan. We knew that Peter, Phyllis and Roberta were better known as The Railway Children. We knew that it takes 1 calorie to heat 1 gram of water by 1oC. We were able to identify Wigan?s football club badge and an uncommon road sign. And we even knew who Robert Zimmerman was better known as.
Of...
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Posted in Clarion News by Mark Burns | 05.02.07
The words of the old Fatboy Slim song, Praise You, have kept going round in my head recently. ?We?ve come a long, long way together, through the hard times and the good . . .?
The last few weeks and months have certainly been a whirlwind of a journey! Having survived what seems like endless meetings and discussions on little more than coffee and adrenalin, I can now say that we have finally got there.
And not only that, we actually know where ?there? is! Clarion has launched as the new established law firm in Leeds. This is a very exciting time for me and my colleagues and we are looking forward to the...
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