1 EXPERIENCE SHOWS The people at Clifton Ingram A holiday that just FLU by! The law regarding sickness on holiday making a splash Introducing Clifton Ingram sport WILL THEY OR WON T THEY Our expertise on inheritance disputes citation CLIFTON INGRAM: KEEPING YOU POSTED WITH NEWS OF THE LAW OCT 09 Expanding into Reading Clifton Ingram has achieved a double first opening new offices in the centre of Reading and acquiring Sarjeant and Sheppard, one of Reading s oldest law firms. The new office at County House, 17 Friar Street, Reading opened for business in August. We already have an excellent reputation in the Thames Valley and we believe the opening of a new office in Reading can only enhance that. Even in these days of instant electronic communication, seeing a lawyer face-to-face is a vital requirement for our clients. Having the addition of the new Reading office will make that even easier. said Bill Annan, Chairman and Head of Corporate Services. The firm has been exploring the idea of expanding into Reading for some time, and the decision to acquire Sarjeant and Sheppard added to that impetus. It s a move that former Sarjeant and Sheppard senior partner Hugh Lacey believes is a very positive step. Hugh went on to say We have a strong tradition of providing high quality legal advice, as do Clifton Ingram, and our clients will benefit from the extensive range of professional services offered by Clifton Ingram from a more accessible and comfortable new office. We see a bright future for the combined practices. Clifton Ingram, whose headquarters will remain in Broad Street, Wokingham, has 13 partners and more than 75 staff. It was founded in the 1930s, but has seen substantial growth since the 1980s.
2 02 CLIFTON INGRAM [ about clifton ingram ] EXPERIENCE SHOWS With a depth of experience gained over 75 years, Clifton Ingram is a substantial and expanding law firm. Our unique blend of highly skilled staff, now numbering more than 75, enables us to meet the needs of private individuals and companies of all sizes. Our client base includes a number of public sector organisations and charities as well as household names. As we have a number of high profile corporate and high net worth private clients we have also gained a great deal of experience in large, complex cases. Our services We offer a full range of legal services for both private and business clients. So whether you are buying a house or buying a business, making a will or making a takeover bid, we work with you every step of the way. We can help you with: Commercial Corporate and Commercial Debt Recovery Employment Corporate Restructuring Intellectual Dispute Resolution Sport Charities Contentious Inheritance Tax Planning, Wills, Probate and Trusts Family Law Town and Country Planning Agricultural Land Residential property Insolvency RECOGNISED EXCELLENCE The experience and dedication of our team is second to none, and we are recognised for excellence by Legal 500 and the Chambers Guide. Legal 500 We have been recognised in 14 categories of this listing of top UK legal firms. The Legal 500 says. Corporate and Commercial: Bill Annan will pull out all the stops to reach a deadline Commercial Litigation: Jonathan Davis at Clifton Ingram LLP, which is particularly strong in relation to planning disputes, is recommended. Debt Recovery: Clifton Ingram is friendly and approachable Employment: Recommended is James Dyson at Clifton Ingram LLP, which has recently advised on employment and pension obligations arising from an MBO of a large motor retailer. Personal Tax, Trust : Peter McGeown is recommended. Highly knowledgeable say clients. Chambers Guide Marilyn Young, Head of Family Law has been recognised as a leader in her field within the The Chambers Guide. This well respected directory lists the top lawyers and provides independent rankings for the legal profession in all the main areas of practice.
3 MEET THE TEAM It is our people who make the difference. We recruit highly capable staff from prominent London and provincial practices, many of whom are members of specialist organisations, which means you benefit from a level of expertise normally associated with larger firms. You can get in touch with any member of our team on Helen Andrews, Senior Associate Solicitor, Residential Bill Annan, Chairman and Head of Corporate Services Lesley Bacon, Debt Recovery Manager Chris Baggs, Partner, Commercial Alison Cross, Fellow of the Institute of Legal Executives, Tax Planning Wills and Probate Tina Crow, Partner and Head of Residential Jonathan Davis, Partner and Head of Dispute Resolution Anne Deller, Senior Associate Solicitor, Family Law Denise Drammis, Trust and Tax Manager James Dyson, of Employment Law Dennis Eyriey, Consultant, Charities and Commercial Alison Gair, Employment Law David Goddard, Assistant Solicitor, Dispute Resolution Helen Goodchild, Paralegal, Residential Ian Graham, Managing Partner and Commercial Kate Grant, Partner, Family Law Jane Hignell, Trust and Tax Manager Rekha Joshi, Family Law Hugh Lacey, Consultant, Tax Planning, Wills, Probate and Paul Lachlan, Residential Caroline Lindon-Morris, Senior Associate Solicitor, Corporate Services and Agricultural Land Ian Martin, Partner, Tax Planning Wills Emma McCarthy, Tax Planning, Wills Kelly McCarthy, Tax Planning, Wills & Probate Peter McGeown, of Tax Planning, Wills Tris Moore, Partner, Corporate Services and Sport Anita Prymak, Tax Planning Wills Carl Rae, Dispute Resolution Tim Read, of Commercial Stephanie Rose, Partner, Tax Planning, Wills Jenny Savage, Fellow of the Institute of Legal Executives, Dispute Resolution Nick Thorowgood, Consultant, Dispute Resolution Ruby Tufail, Family Law Andrew Tzialli, Assistant Solicitor, Corporate Services Marilyn Young, of Family Law
4 NEWS 04 [ employment law ] A holiday that just flu by! Many of you will have read the very recent decision of the European Court of Justice (ECJ), that an employee, who is sick while on holiday, is entitled to take the holiday lost at another time. The case in question was a Spanish one. The employee, Sr. Pereda, had suffered an accident at work, just before his holiday, and lost virtually all of that holiday. His employer refused to allow him to take the holiday at another time. The Madrid Court, therefore, asked the ECJ whether, in these particular circumstances, Sr. Pereda could do this. The ECJ not only answered yes to this question but went on to say that any employee who was sick, while on holiday, could take the days lost at another time. Given that the right to a minimum period of holiday each year came from Europe in the first place, the Court s decision is perhaps not surprising and was going to be made sooner or later. Indeed, any other decision would probably be seen as unfair. However, many employers will now be concerned about abuse, with employees complaining they had holiday tummy (or other ailments) while they were away. To require proof of sickness (if the absence is not prolonged) would be regarded as unreasonable and so the employee will, in practice, have to be trusted. However, it is not all good news for employees. If they say they were sick on holiday then the employers will be entitled to claim back their holiday pay and pay sick pay instead. This might only be SSP, or nothing at all for the first three days of the sickness period in question. Furthermore, the ECJ s decision relates to the statutory minimum holiday and not contractual holiday, which will not necessarily be subject to the same rule. Generally, it will be deemed that statutory holiday will be used up first and so the rule might not benefit those who have already taken most of their holiday already. Employers, nevertheless, should look at their holiday and sick pay provisions and consider whether they need to be reviewed, in the light of the ECJ s decision. For further information please contact James Dyson or Alison Gair in the Employment Law department on STOP PRESS On 25 September, the High Court ruled that the UK s default retirement age ( DRA ) was legal, but only just. The Court said that it may well have reached a different conclusion had the Government not brought forward its review of the DRA from 2011 to 2010 and that it could not presently see how 65 could remain as a DRA after the review. Expect to see an increased DRA next year.
5 05 SPORT [ SPORT DEPARTMENT ] MAKING A SPLASH Earlier this summer Clifton Ingram Sport was launched to service the firm s clients in this dynamic sector. We are delighted that this expertise has been recognised by the new edition of the Legal 500 and our new website dedicated to sports matters has also been attracting attention. As far as we know, we are one of the first law firms to experiment with live Twitter feeds to update visitors on our legal services and keep them abreast of developments in sports law and regulation. for designing the website and advising us on our internet strategy. The sports law team is drawn from across a number of specialist practice areas and highlights Clifton Ingram LLP s growing profile in the legal marketplace and ability to provide services to niche sectors with the back up of a full service law firm. For further information please contact Tris Moore on As naturally cautious lawyers, Twitter was a step into the unknown and we are indebted to Sean Blakeley PRE-NUPS, A CHANGE IN THE AIR Unlike most of Europe, prenuptial agreements are not presumed to be automatically binding if couples separate. However the weight to be given to such agreements has been steadily increasing over recent years. In the 1995 case of F v F Mr Justice Thorpe said that a pre-nuptial agreement must be of very limited significance. 14 years later the same judge shifted his position quite considerably. In the recent case of Radmacher v Granatino he reviewed the position and said that pre-nuptial agreements are not just for the super rich and there are many instances in which mature couples, perhaps each contemplating a second marriage, wish to regulate the future of their assets and protect the interests of the children of the earlier marriage He went on to say that a carefully fashioned contract should be available as an alternative to the stress, anxieties and expense of a submission to the width of the judicial discretion. In that case the agreement was upheld, despite the husband not having had legal advice. It is unclear whether, in the same circumstances, an agreement between an English couple would be so readily enforced since the parties here were from France and Germany. Indeed, the judge indicated that any contract would still be subject to review by the Court if it was considered manifestly unfair. It is clear that the law in this area has moved a long way in the last 14 years and properly prepared pre-nuptial agreements are increasingly likely to be upheld in the future. For further information please contact Anne Deller on
6 06 NEWS [ TAX & WILLS ] Will they or won t they? Disputes concerning inheritances are occurring more frequently. Notable headlines include Dame Anita Roddick s surprising decision to disinherit her two daughters by donating 51 million to good causes before her death and who once described leaving money to one s family as obscene. While Dame Anita s children supported her decision, not all children have been quite so understanding, as was evidenced in the story behind RSPCA got my 1.5m inheritance which concerned the High Court case brought by Dr Christine Gill who discovered that her parents had written her out of their Will and left their 1.5 million estate including their 287-acre farm to the animal charity. This was a surprise to Dr Gill who had worked on the farm for 40 years from the age of 13 and throughout her studies and had expected to inherit the farm but was left with nothing, not even any family mementos. The final insult was that Dr Gill s parents were advocates of hunting and never had anything to do with the charity. Other causes of the substantial increase in disputes are attributed to complex family structures, rising values of estates, longer life expectancy and a rise in charitable giving. In a direct response to this growing demand, our specialist Contentious Inheritance team has expanded its offering and its expertise in this niche field is recognised by membership of both the Society of Trust and Estate Practitioners (STEP) and the Association of Contentious Trust and Probate Specialists (ACTAPS). We have the experience and expertise to avoid and resolve disputes relating to: Breaches of trust Validity of Wills Challenges to the terms of otherwise valid Wills (or the intestacy rules) under the Inheritance (Provision for Family and Dependants) Act 1975 Administration of estates and trusts Acquisition, management and disposal of family assets (including the family business) Cohabitation Related professional negligence (e.g. badly drafted Wills) It is not only individuals who may be caught up in an inheritance dispute, charities may also be involved with legacies that are due to them which may be subject to challenges, for example, by disappointed beneficiaries and our Contentious Inheritance team has experience of acting for clients within the charitable sector. If you would like further information on these topics or to discover how our Contentious Inheritance solicitors can help you then please contact Peter McGeown on DATE for the DIARY Employment Law workshop This workshop is designed to answer employers specific or general employment law queries and provide an update on the latest employment legislation. Light refreshments will be served Date: Thursday 19 November Venue: Clifton Ingram Office, Broad Street, Wokingham, RG40 1BA Time: open forum for questions To Book Linda Morse or call Clifton Ingram LLP Solicitors Broad Street, Wokingham, Berkshire RG40 1BA County House, 17 Friar Street, Reading, RG1 1DB T: F: Disclaimer: These articles are provided for general interest only, and are brief and generalised summaries. They may contain errors or be incorrect in the circumstances which apply to you and they do not attempt to cover all developments in the law. They must not be treated as legal advice, and you must always take specific advice before taking or refraining from taking action.