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CommentThe magazine from
Issue 3
Hello
Brighton!
Entrepreneurial Nation
Clean Heels - Taming the Dragons
Shared parental leave
New rights for parents
Meet the experts
Our Clinical Negligence teamCoffin Mew expands into Brighton
06
Coffin Mew expands into Brighton
Brighton is one of the fastest growing cities in the South East of
England. It is home to many exciting fast growing businesses
and a thriving cultural scene. And with Coffin Mew opening an
office in Brighton’s city centre, it now has a law firm to match.
10
Entrepreneurial Nation – Clean Heels
In January this year Ally Stevenson, the founder of Clean Heels
Heel Stoppers, walked out of the BBC Dragons’ Den with a
£50,000 investment and the support of Deborah Meaden and
Kelly Hoppen. Comment discovers how she tamed the Dragons.
04
Insight
News from Coffin Mew.
08
Naomi House & Jacksplace
Coffin Mew names Naomi House & Jacksplace as its staff
nominated charity of the year.
12
Entrepreneurial Nation – Just Develop It
How to build a £40m business.
14
Funding growth
All businesses aim to grow and expand, but financing the step up
from a small to a medium or large business can be difficult.
15
Using trusts to pass money to your children
Trusts are not just the preserve of the super rich; they are a
useful way to pass money or assets on to your children or
grandchildren.
16
Data protection – what do you need to know?
Data protection compliance is more than just a box-ticking
exercise, says Amy Kerr.
18
The ladder to new homes
If we are to provide homes for our children and grandchildren
greater reform and help is going to be needed.
20
Meet the experts
A jewel in the Coffin Mew crown is its dedicated team of clinical
negligence lawyers.
22
“I do”….but sign on the dotted line
The rise of the prenuptial agreement.
24
Shared parental leave – new rights for parents
The maternity and paternity regimes have changed again, says
Amy Richardson.
26
Investing in the future
Coffin Mew and its next generation.
Miles Brown
Managing Partner
Coffin Mew LLP
milesbrown@coffinmew.co.uk
023 9238 8021
Welcome to Comment
Coffin Mew is a law firm with an ambitious vision
and a strong presence along the South Coast,
providing a full range of legal services to businesses
and individuals. We are now extending our award
winning service further along the coast.
I am delighted to announce that on 5 May we opened a new
full service office in Brighton. The new office, our fifth, is both
a bold demonstration of our commitment to one of the South
Coast’s fastest growing and most diverse cities and to those
that live and work there.
It is also this ambitious vision that continues to make the firm
a great choice for those looking for a career in law. Since
January this year we have appointed 14 new members of
staff across the firm, and promoted six including Jonathan
Sleep and Douglas Miller to the Partnership.
The firm is also winning external recognition for the work
we do. At the recent Business Excellence Awards hosted by
The News, our Residential Conveyancing and New Homes
team were ‘Highly Commended’ in the Team of the Year
category and our Marketing Assistant, Emily Bell was named
‘Apprentice of the Year’. Our congratulations go to them all.
The staff also chose their charity of the year Naomi House &
Jacksplace and you can read more about the excellent work
they do within the magazine.
And finally, to thank you, our clients and contacts for your
continued support over the years. Our aim is to continue
to set high standards in client service. The next edition of
Comment will be published in Autumn 2015 and I welcome
your feedback and comments.
Comment is written and published by Coffin Mew LLP.
Special thanks to Wildfire Creative & Marketing Ltd and Coast Communications.
For further information about Comment, please contact Amir Hussain,
Head of Marketing on amirhussain@coffinmew.co.uk or call 023 9236 4301.
© Copyright 2015. All Rights Reserved. Coffin Mew LLP.
in this
issue...
Issue 3
32
Coffin Mew was crowned twice at the
prestigious annual Business Excellence
Awards organised and hosted by The News
in Portsmouth.
Emily Bell, Marketing Assistant was named
‘Apprentice of the Year’ and the firm’s
Residential Conveyancing and New Homes
team were ‘Highly Commended’ in the Team
of the Year category at a glittering ceremony
held at the Portsmouth Guildhall. The team
were also awarded ‘Highly Commended’ at
the Property Forum Awards held in April.
Nick Gross, Coffin Mew’s Chairman and
Corporate Partner, said: “It is always pleasing
to have the firm’s achievements recognised
by our peers. The whole firm extends its
congratulations to Emily and to our
Conveyancing and New Homes team.”
Above: Coffin Mew Business
Excellence Awards winners
Left: Emily Bell
Jonathan Sleep - Wills, Trusts and Probate team and Douglas Miller -
Clinical Negligence team have both been promoted into the Partnership.
Annabelle Vaughan - Court of Protection team, Amy Kerr - Commercial
team, Charlotte Farrell - Employment team and Jamie Earley - Corporate
team are also promoted to Associate Solicitors.
The annual Coffin Mew charity
quiz saw 33 teams battle it out
at Kams Palace, Fareham in
Hampshire raising £3,000 for
Naomi House & Jacksplace -
hospices that support families
from seven counties in southern
England – Hampshire, Berkshire,
Wiltshire, Dorset, Surrey, West
Sussex and the Isle of Wight.
The 10 round quiz saw a
team from property agents
Vail Williams (pictured) take
first place, closely followed by
Handelsbanken and property
agents Hughes Ellard.
Naomi House & Jacksplace
offer a full palliative care service
that includes respite, emergency
and end of life care for life-limited
and life-threatened children and
young adults from birth and into
their later years. See profile on
pages 8 and 9.
Commenting on the promotions,
Miles Brown, Coffin Mew’s Managing
Partner said “It’s a great pleasure to
announce these promotions. Whilst the
injection of fresh ideas and impetus from
new recruitment is important, so is the
recognition of what our longer-serving
people have and continue to bring to
the firm.
“Our reputation is built on the
expertise, commerciality and personality
of our people. These promotions reflect
our continued commitment to supporting
our clients in their need for high-level
advice from people that both know and
understand their requirements. We wish
them all every success in their future
careers at Coffin Mew.”
Left to right, top to bottom: Jonathan Sleep, Amy Kerr, Jamie Earley,
Douglas Miller, Annabelle Vaughan and Charlotte Farrell
Insight
Double award
winners at
Business
Excellence
Awards
Bringing you the latest news from Coffin Mew
Coffin Mew has once again joined forces with
Marwell Wildlife supporting the second of its
public art installations in Southampton.
A stampede of zebras will take to the streets
of Southampton throughout 2015/16, following
its hugely successful Go! Rhinos public art
programme in 2013.
Kirstie Mathieson at Marwell Wildlife said:
“Grevy’s Zebras are critically endangered in
the wild, with just 3,000 left. Zany Zebras will
see life sized model zebras’ decorated by local
artists, schools and colleges, and sponsored by
local businesses. Our thanks to Coffin Mew for
their valued and ongoing support.”
The money raised from Zany Zebras
will support the conservation work Marwell is
doing with Grevy’s Zebras in Africa.
Zany Zebras
Coffin Mew is delighted to
announce six major promotions,
including two new Partners.
Promotion time
Let’s get quizzical
54
Beside
the sea
Coffin Mew expands into Brighton
The city is home to some 1,500 start-up
and young digital and tech businesses in a
cluster named ‘Silicon Beach’.
“Brighton has a rapidly expanding
economy, with many fast growing
businesses in the creative, digital, IT,
green-tech, financial services, health
and life sciences, and the advanced
engineering sectors,” says Nick. “There
is also the strong year-round tourism
sector. We believe these businesses will
embrace a like-minded law firm that is
on their doorstep. People in Brighton do
business in Brighton.”
Long-term vision
Coffin Mew’s vision does not, however,
stop in Brighton. The firm in the next 24
months is on track to open further offices
and to double its turnover. It is, as the
firm’s Managing Partner, Miles Brown,
says “a firm to watch”.
Growth will come from acquisition, both
merging with exceptional smaller firms
and acquiring successful teams, and from
organic growth. The firm plans to grow
from its current £10m annual turnover to
around £20m over the next three years.
“Business owners and individuals
want to work with successful advisers”,
explains Miles. “It is important that we
as a business grow to continue to attract
the best quality people and to meet the
challenges our clients face. Some of that
growth will come from the enormously
talented staff we already have, and
some will come from our expansion and
acquisition programme.”
“Our clients see our lawyers as very
much part of their team, wanting full
service support wherever they are
based. It is important that we are there to
support their growth.”
The new office is located in
Queensberry House,
106 Queens Road, Brighton.
Nick Leavey
Partner - Head of
Commercial Property
0333 000 0122
nickleavey@coffinmew.co.uk
For more information
Our new Brighton office team; Left to Right:
John Parkinson
Head of Business Development
Nick Leavey
Partner, Commercial Property
Nick Gross
Chairman and Partner, Corporate
Sally Pike
Partner, Family
James Russell
Partner, Dispute Resolution
Mirren McGinley
Solicitor, Commercial and Residential Property
Jonathan Sleep
Partner,Wills,Trusts and Probate
Amy Richardson
Associate, Employment
Miles Brown
Managing Partner
Elizabeth Gibbons
Office Manager
Coffin Mew is a law firm with an
ambitious vision. It has for the past
125 years been the first port of call
for businesses and individuals in the
Solent region, and it is now extending
its award-winning service along the
South Coast.
On 5 May the firm opened a new
full service office on Queens Road,
Brighton. The new office, the firm’s
fifth, is both a bold demonstration of the
firm’s commitment to one of the South
Coast’s fastest growing and most diverse
cities and those that live there, and a
commitment to supporting fast growing
entrepreneurial businesses and their
owners.
The office is being led by Nick Leavey,
Partner and Head of Coffin Mew’s
Commercial Property team. Nick has
been advising clients in the Brighton
area for 15 years, having also lived and
worked in the City. He is joined by a team
of senior lawyers, all with strong Brighton
connections, with further appointments
shortly to follow.
Explaining the move into Brighton Nick
Leavey said: “Coffin Mew enjoys a strong
reputation for being entrepreneurial and
forward-thinking. Brighton, with its rapidly
growing economy and its high standard of
living, is a natural fit to the firm’s already
strong client offering.”
Coffin Mew in Brighton will offer the full
range of support to both businesses and
individuals, including corporate/commercial,
commercial property, litigation, insolvency,
employment, residential conveyancing,
wills, trusts and probate and family law.
And Coffin Mew is already making a
highly visible impact on the City, advising
the Brighton West Pier Trust on the £45m
i360 development, featuring a 138-metre
high observation tower, restaurant, retail
and exhibition space. The scheme is at the
forefront of the regeneration of the historic
seafront site. The firm is also supporting
The Brighton and Hove Arts Council
on their arts initiatives programme for
2015/16.
But there is much more to Brighton
than its world famous beach and piers.
Brighton & Hove is one of the fastest growing cities in
the South East of England. It is home to many exciting
fast growing businesses and a thriving cultural scene.
And with Coffin Mew opening an office in Brighton’s
city centre it now has a law firm to match.
76
Naomi House & Jacksplace are hospices that support
children, young adults and their families across seven
counties of South East England. They provide a home
from home for those with life threatening and life
limiting illnesses.
The two hospices - Naomi House for younger children and
Jacksplace home to young adults – provide families with up
to 16 days respite, emergency and specialist end of life care
alongside support to families and ‘hospice at home’ services.
Both sit side by side in the beautiful village of Sutton Scotney.
The charity currently supports 287 people and families and,
amazingly, achieves this with limited public sector support.
“We need £7m every year to continue to provide the support
families and their children rely upon,” explains Mark Smith,
Naomi House & Jacksplace’s Chief Operating Officer. “And just
10 per cent of that comes from the public purse.”
“We are extremely lucky to have such dedicated staff and our
army of 800 volunteers plus the many thousands of people from
across Hampshire, Berkshire, Wiltshire, Dorset, Surrey, West
Sussex and the Isle of Wight who participate and raise funds
for us.”
Naomi House first opened its doors in 1997 providing support
for young children and their families.
“Naomi House provides bedrooms for children and their
families, along with the communal, indoor and outdoor play
space and care space needed,” says Mark.
“We are currently undergoing a major refurbishment of Naomi
House to provide more flexibility with our space, allowing us to
Coffin Mew has named Naomi House & Jacksplace as its staff nominated charity of
the year. Comment magazine caught up with its Chief Operating Officer, Mark Smith
to discover more about the charity.
Naomi House
& Jacksplace
add further bedrooms or care space at short notice. This should
be completed in September.”
Advances in modern medicine now mean that many of these
young children live considerably longer than they perhaps would
have done 20 or 30 years ago, so in 2010 Jacksplace opened
its doors.
“Young adults need a very different
environment,” says Mark. “Jacksplace allows
our guests the freedom and experiences
teenagers and young adults want, such as
space to play computer games, listen to loud
music or prepare their own food, whilst in a
supportive environment needed to cater for
often complex care needs. One of our guests
is even studying for a PhD.”
Sitting alongside its residential care Naomi
House & Jacksplace also provide ‘at home’
hospice care and bereavement support
to families for as long as it is needed.
“We cover a vast area and it isn’t practical
to deliver all of our services in just one
location,” says Mark. “We are here to support children and their
families for as long as needed and where it is needed.”
Mark is also keenly aware that a charity is in essence a ‘social
business’, having to raise and manage its funds to continue to
successfully deliver the services so many now rely upon.
Every year it holds a series of increasingly popular fund raising
events including the Clarendon Way Walk (31 May), Rainbow
Run (27 September) and Foam Fest (April 2016).
“The Clarendon Way Walk is perhaps our best known event,”
says Mark, “with over 1,000 people walking 26 miles from
Salisbury Cathedral to Winchester Cathedral. This year we are on
track to raise over £100,000.
“Every year we try to be imaginative, creating new and exciting
events to encourage more and more people to engage with us.”
Increasingly, Naomi House & Jacksplace reaches out to
the business community for support. For
example, every year local businesses take
over the charity’s shops and compete with
each other over the course of the day to raise
the most money in the Store Wars challenge.
“The days of a local business simply
handing over a cheque have all but gone,”
says Mark.
And this is why Naomi House & Jacksplace
are thrilled when companies choose them as
their charity of the year.
“We are delighted with Coffin Mew’s
decision to adopt us as its charity of the year,”
says Mark. “We look forward to working
alongside them and to the contribution the
firm will make.”
Visit www.naomihouse.org.uk for more information on
Naomi House & Jacksplace.
Coffin Mew has a strong tradition of playing an active role
in the local community, with its 140 staff deciding on the
firm’s charity of the year. Naomi House & Jacksplace was
a clear winner.
The firm through its dedicated corporate social responsibility
(CSR) team create a programme of activities and events designed
to raise funds and awareness to support the work of its chosen
charity.
“Our staff immediately felt a connection with Naomi House
& Jacksplace,” explains Sue Bowler, Head of Services for
Vulnerable and Disabled People “The support provided by Naomi
House & Jacksplace is crucial for the clients that we represent.”
And the firm has thrown its support wholeheartedly into
supporting the charity, with its annual charity quiz night that saw
33 teams raise £3,000. Further events are planned throughout
the year.
Coffin Mew and Naomi House & Jacksplace
Left to right: Charlotte Otter, Kirsty Hughes, Sue Bowler,
Mark Smith, Emily Bell, Tina Starbuck
“We are delighted with Coffin
Mew’s decision to adopt us as
its charity of the year”
Mark Smith,
Chief Operating Officer
98
In January this year Ally Stevenson, the
founder of Clean Heels Heel Stoppers, walked
out of the BBC Dragons’ Den with a £50,000
investment and the support of Deborah
Meaden and Kelly Hoppen.
HOW TO TAME
YOUR DRAGON
Some businesses are born from
a momentary flash of inspiration.
Portsmouth mum of two, Ally
Stevenson, was at a family wedding
in 2005 when standing up to give a
short speech she placed two bottle
tops under her stiletto heels to stop
her sinking into the grass.
It was that quick thinking that led to
the creation of Clean Heels and, 10 years
later, a significant investment and the
support of two of the toughest dragons
from the popular BBC Dragons’ Den
programme.
Ally Stevenson created the deceptively
simple Heel Stoppers; a protective sleeve
attached to a plastic disc that protects
stiletto heels and stops them sinking into
grass and other soft surfaces.
“I launched Clean Heels at Goodwood
in 2006,” says Ally. “I took samples with
me and had people seeking me out to get
their hands on a pair. It confirmed what
I already knew – that Clean Heels Heel
Stoppers was a great idea.”
The first pair of Heel Stoppers was
very different from those currently sold
by Clean Heels. “I popped into my local
DIY store and bought some soft rubber
tubing and some CD cases. They didn’t
look great, but I was able to take them to
engineering business, Pressco Precision
Engineering based in Portsmouth and
together we developed the finished
product.”
Heel Stoppers are available in a variety
ALLY STEVENSON :: CLEAN HEELS
Comment magazine caught up with Ally in between
meetings at Coffin Mew’s offices to discover how she built
her successful business and how to tame the Dragons.
of colours, including pairs decorated with
Swarovski crystals. It is, however, the
simple black and clear plastic versions
that are best sellers, with the heel stopper
becoming almost invisible on grass.
Clean Heels turned a profit from day
one. It was then that Ally was delivered
a devastating blow. Following a routine
check with her GP, she was diagnosed
with breast cancer.
“The business was really taking off,
with sales all around the world,” says
Ally. “I didn’t want to stop and put that
on hold, but I had to focus on the cancer
treatment and getting well again. There
were times after particularly tough chemo
and radiotherapy sessions that I would
literally crawl out of bed and, with the
help of my family and friends, fulfil orders
for Clean Heels Heel Stoppers. Without
that support I simply wouldn’t have
managed.”
It took four long years to eventually
beat breast cancer, and all the time Clean
Heels was gaining momentum and a
dedicated following.
One of the keys to Clean Heels’ success
was Ally’s savvy determination to protect
her designs around the world.
“From the outset we had specialist
trade mark advisers helping us file trade
mark registrations in key markets around
the world,” says Ally. “It was expensive,
but it has enabled us to stop copycat
producers around the world.”
Ally is adamant that she is not an
entrepreneur, just someone with a great
idea. It was for that reason that she
decided to go onto BBC 2’s Dragons’ Den.
“I didn’t need the money as the
business was profitable,” explains Ally.
“But I really did need support in marketing
and making the connections. This is what
the Dragons are really good at.”
But the Dragons are a tough crowd
to please, and do not make their
investments lightly. The show is filmed
in Manchester, with entrepreneurs given
just three minutes to make their pitch.
“I was grilled for two further hours and
had four Dragons wanting to invest,” says
Ally. “Peter Jones and Duncan Bannatyne
kindly agreed to step aside for Deborah
Meaden and Kelly Hoppen.
“Once Deborah had tried Clean Heels
Heel Stoppers she was won over,” says
Ally. “But it takes more than that to
tame a Dragon. You have to know your
business inside out and have a complete
grasp of the numbers. They are, after all,
investing their own money.”
The BBC Dragons have invested £50,000
into Clean Heels, but it is their connections
that are of greatest interest to Ally.
“They have put me in touch with a
great marketing and social media team,”
explains Ally. “In the two weeks after the
show we sold over 30,000 pairs of Heel
Stoppers. It has just been phenomenal.”
Clean Heels is also gaining some big
fans, including Royals and TV celebrities
such as Clare Balding and Gok Wan. Pairs
of Heel Stoppers have also been given
away in the goodie bags at the Oscars
and at the Empire Film Awards.
And Ally’s aspiration for the future of
Clean Heels? Well, that is quite simple.
“I would like to see a pair in every girls’
handbag.” There is no stopping Clean
Heels Heel Stoppers.
Clean Heels Heel Stoppers are
available from leading high street
retailers, including BHS, Debenhams,
House of Fraser online and Timpsons.
They can be bought directly from www.
cleanheels.co.uk with prices starting at
£4.99, and they also give a free pair with
every order.
ENTREPRENEURIAL NATION
“FROM THE OUTSET WE HAD SPECIALIST
TRADE MARK ADVISERS HELPING US FILE
REGISTRATIONS IN KEY MARKETS AROUND
THE WORLD”
“ONCE DEBORAH HAD TRIED CLEAN HEELS
HEEL STOPPERS SHE WAS WON OVER”
Visit www.cleanheels.co.uk
1110
What does it take to build a successful business?
Drive, enthusiasm, self-belief, a great idea, a great
team and, of course, a little bit of luck.
And to build a £40m plus business before your 30th
birthday? Well that takes something a little bit different.
CHRIS PHILLIPS :: JUST DEVELOP IT
Visit www.justdevelop.it
A number of companies quickly
followed, including another web-hosting
business and an online PC backup
service.
“These businesses grew very quickly,
with the web hosting business adding
1,500 new customers every day,” says
Chris. “It was an exciting time, and our
businesses began to attract quite a bit of
outside interest.”
Just Develop It soon sold the web
hosting business to the US company that
originally purchased Chris’ first hosting
business.
“It wasn’t our plan to sell these
businesses,” says Chris, “but we kept
getting bigger and better offers. It would
have been crazy not to sell.”
It was at this time that Just Develop
It began to take a different direction. It
began to invest in other businesses.
“We are in a very lucky position,”
explains Chris. “We still continue to
manage the technology businesses,
including the web hosting business, but
with time and money on our hands I
wanted to put it to good use.”
To date Just Develop It has invested in
some 20 different businesses, all in very
different sectors including house building,
children’s clothing, restaurants,
a nightclub and a golf course.
“I look to invest in people, rather than
the business,” says Chris. “They must be
hungry for success and have the drive
and vision to make it work.”
Some of the Just Develop It
investments are quite small – just a few
thousand pounds – others are quite
substantial.
Cloud Developments is one such
example. To date, and in partnership
with Bishops Estate Agents, Chris and
his team have developed or renovated
53 houses, 77 apartments and 11
commercial buildings.
“Those businesses in which we invest
not only get our money,” says Chris,
“they get time and support. I am looking
for longer term partnerships, not just a
quick buck.”
Managing businesses is one of
Chris’ passions, but it is not without its
challenges. Just Develop It now has some
40 full time staff, with a further 150 people
working for the businesses where it holds
investment.
“We have had to add the infrastructure
a growing business needs – HR, a finance
director, good external advisers, such
as Coffin Mew,” says Chris. “Turning
something that generates cash into a real
company is a challenge and one that I
relish.”
And that challenge has made Just
Develop It, with its young work force
(most have still yet to hit their 30th
birthdays) a fun place to work. It has
recently moved into new purpose built
offices that include Ping-Pong tables
and a host of other benefits, such as
free massages and a dedicated chef that
prepares daily hot meals and snacks.
So, with Just Develop It and its team
still very young, what does the future
hold?
“It is the investment and growing
new successful businesses that has me
excited at the moment,” says Chris. “We
will be making larger businesses and
expanding our portfolio. I like looking at
industries where I believe we can make
the product or service better and more
profitable.”
“Whatever we do,” concludes Chris, “it
will most certainly be fun.”
“ENTREPRENEURS LOOK AT THE WORLD
IN A DIFFERENT WAY.”
“THE US ACQUIRING COMPANY INVITED
ME TO WORK FOR THEM IN SCOTSDALE,
ARIZONA, AND THEY TAUGHT ME HOW TO
RUN A BUSINESS. THOSE LESSONS HAVE
STAYED WITH ME.”
ENTREPRENEURIAL NATION
JUST DO IT
Comment magazine spent a couple of hours with Just Develop It
CEO Chris Phillips and discovered that his hand is behind some of
Hampshire’s most exciting and interesting businesses.
What is the difference between
a successful business leader and
an entrepreneur? It is not an
easy question to answer, but on
meeting Chris Phillips, the CEO of
Segensworth-based Just Develop It,
you begin to get a clearer idea.
Entrepreneurs are risk takers. Those
that are truly successful are prepared to
bet the family silver time and again. They
are prepared to face and accept failure,
walk through it and start all over again.
A good business leader – and all
successful businesses need them – is
a counter-balance. Someone who will
question those decisions, take ideas
forward and make them happen.
“Entrepreneurs are born that way,”
says Chris, “and look at the
world in a different way.”
And Just Develop It is a very different
kind of business. Its roots are in web-
based technologies, but now extend
to children’s clothing, housebuilding,
restaurants and nightclubs.
“I started my first business when I
was 16 years old,” says Chris, “a web
hosting service with friends and family
paying £20 a month. Before long I had
over 1,000 clients, but it grew too fast
and the business was brought by a US IT
company at just the right time.”
That first business didn’t make Chris
any money but it was, he says, perhaps
one of the best things that could have
happened.
“The US acquiring company invited
me to work for them in Scotsdale,
Arizona, and they taught me how to run
a business. Those lessons have stayed
with me.”
Whilst in the US Chris launched his
second business – Intellichat, that allows
companies to talk directly to website
visitors answering questions and helping
to secure a sale. It was at this time Chris
met co-directors Brooke Bryan and
Nick Baker.
“Brooke is, quite simply, one of the best
coders I have ever met, and Nick could
sell snow to Eskimos,” says Chris.
It was this dream team that one year
later would form Just Develop It, a
group company that would eventually
hold a diverse and exciting portfolio of
businesses.
Intellichat
Red Lounge
The Astoria
Skylark Golf
and Country Club
Mutiny in the Park
Cloud Living
Cloud Rentals
Grabalaptop
JDI Developments
Vintage Pig
Bishops Estate
and Letting Agents
Sitelio
Jessie and James
Dancor Group
Season Domestics
Skycars
THE JUST DEVELOP IT
PORTFOLIO INCLUDES
THE FOLLOWING
BUSINESSES
AND BRANDS:
Websitebuilder
Processing Point
Sitey
Turbo Your PC
Park View
Gradlancer
Fortifi
Reclickd
Kassia
1312
It is normal that a person who
owns an asset benefits from that
ownership. Trusts are used to
separate ownership and benefit and
can be used for many legitimate
purposes. One of the most common
is to pass on assets or money
to children or grandchildren in a
controlled way.
There are many reasons for wanting
to do this. It may be that the children are
not yet old enough to look after significant
amounts of money. It may be that they do
not have the mental capacity to manage
their own affairs, or that you believe they
would act in an irresponsible way.
Perhaps the most common approach
is to settle any funds that you intend to
pass to that person into a trust that is
included within your Will, with appointed
trustees using their discretion to distribute
the fund. This is known as a discretionary
trust.
Discretionary trusts are particularly
helpful if you wish to pass on assets or
money to more than one beneficiary.
They could, for example, be used to
help fund a child’s education or perhaps
for a deposit on a future home. If the
beneficiary’s circumstances change over
time and the trustees feel it appropriate
to distribute the trust assets outright they
can bring the trust to an end at any point.
Consideration does need to be given to
the appointment of trustees, particularly
as they have considerable power and
influence over the distribution of the
trust’s funds. You will, obviously, want
to appoint someone who can be trusted
to make sensible decisions in the best
interests of the beneficiaries.
It is usually appropriate to appoint two
or three trustees, or perhaps consider a
professional trustee.
Trustees also have a responsibility to
manage the trust’s funds. They have a
legal responsibility to invest the trust’s
assets in a diverse and responsible
way. Trustees are required to take
expert advice before making investment
decisions.
Whoever you appoint it will be
necessary to check that they are happy to
take on this role.
There can be tax advantages for those
creating a trust, including the potential
for reduction in exposure to inheritance
tax on death. It is important, however,
for anyone creating a trust to take
professional advice.
RozWyeth
Legal Executive
Wills,Trusts and Probate
023 9236 4322
rozwyeth@coffinmew.co.uk
For more information
It’s all about
trust
Using trusts to pass
money to your children
Trusts are not just the preserve of the super
rich; they are a useful way to pass money or
assets on to your children or grandchildren.
Roz Wyeth explains how.
All businesses aim to grow and expand, but financing the
step up from a small to a medium or large business can be
difficult. Nick Gross explains the five most common routes.
Friends and family
Many small businesses will often start
with money from friends and family – it
is a well-trodden route that works well
when relatively modest amounts of cash
are needed and a business remains
small. Financing growth, however, often
demands greater investment than most
individuals or families can stomach.
Investment from friends and family can
lead to tensions that could easily tear a
business apart. Consideration needs to be
given to individuals wishing to take their
investment out of the business, and how
much influence investors can have over
the day to day running of the business.
A legal agreement which addresses these
issues head on before the business attains
any significant value can often help.
Self-funding
Funding growth from cash generated
by the business sounds the perfect
solution, particularly as no debt is taken
on. And if the business can afford to
do so, it is. For businesses that need
significant amounts of money, perhaps to
fund new machinery or buildings, this is
rarely an option.
Self-funded investment is likely to leave
a sizeable hole in a business’ finances that
will need to be plugged. This can have a
knock-on affect on cash flow, particularly
if the business is expanding quickly. We
have seen all too often rapidly expanding
businesses collapse because of cash flow
problems.
The banks
The banks have had bad press in
recent years over their reluctance to lend
to businesses; and whilst lending levels
are increasing, banks are always going to
struggle with what they perceive as high
risk lending.
But that does not mean the banks are
unable to help. Banks want to lend on
debt, so invoice discounting might be the
answer. The company’s overdraft facility
is also a valuable form of short term
lending that many businesses rely upon.
Private equity
Private equity investors are prepared
to make significant investments, but will
want a lot in return. They will want a
stake in the business and will set tough
targets for the business to meet. They
will also have an eye on their exit. On
the upside, a private equity investor can
bring valuable expertise and can help to
increase the value of the business.
Private equity is not for every business.
Think first about the support the business
actually needs and the skills it lacks, and
ask whether a private equity investor
can meet those needs. It would be wise
to consider all other options before
embarking on the private equity route.
Crowd funding
Crowd funding is the exciting new kid
on the block, allowing investors to club
together through an online platform to
make investments. Individual investors
tend to put up relatively small amounts of
money, but the overall investments made
into a business can be quite significant.
There are a number of crowd funding
models; among the most popular are
a loan model under which investors
receive interest, but often at a higher rate
than the banks’ usual charges, and one
where investors take an equity stake in
the business in which they invest. Crowd
funding is expanding quickly, but is still
very much in its infancy. Its risks are
perhaps not yet fully understood.
Whatever route a business chooses
to follow it is always wise to take advice
and weigh up the pros and cons before
making a decision.
FUNDING GROWTH
ENTREPRENEURIAL NATION
Nick Gross
Partner
Corporate
023 9236 4314
nickgross@coffinmew.co.uk
For more information
1514
Data protection compliance is all
too often seen as just a box-ticking
exercise. But the risks to businesses
in terms of reputational damage
and tough financial penalties are
very real.
So what do businesses really need
to know? Amy Kerr explains.
Personal data
The most common data held by an
organisation is personal information –
for example, names, email addresses,
telephone numbers, dates of birth etc.
Personal data may also extend to medical
records, bank account details and notes
written about an individual, for example
following an employee’s annual review.
An organisation can only collect personal
data if it has a legitimate reason for doing
so, and should only collect the information
it requires at that time. When collecting
personal data, you must tell that individual
what you intend to do with it. For example,
if a business collects a customer’s email
address to confirm an order, it must say so.
If a business wishes to use someone’s
personal data for marketing purposes,
that individual must be told. It is good
practice to do this when collecting that
data. In some instances, email or text
message marketing for example, a
business is generally required to obtain
the individual’s explicit consent.
Businesses that hold personal
data must appoint a data controller
and register that individual with the
Information Commissioner’s Office.
Using data
There is little point in an organisation
collecting data if it has no intention
of using it. It is here, however, that
businesses all too often and inadvertently
break the rules.
The main point to remember is that
data should only be used for the reason
it was collected. For example, calls
between staff and customers recorded
for ‘training purposes’ should not then be
used to discipline a member of staff.
If a business wants a third party
to manage data, such as an external
payroll bureau or a marketing agency, it
is important to remember that you will
remain responsible for that data. It is
advisable to have a formal contract that
covers the use of that data with any third
parties.
Caution is also needed with regards to
transferring data outside of the EU. This
does not mean the wholesale movement
of databases from one country to
another, but the simple act of emailing
contacts on a database that might be in
another country. Different data protection
regulations apply in different countries
and you would not inadvertently wish to
break any rules.
Most businesses will use data collected
to drive marketing and sales activity.
Businesses must check that the recipient
is aware that their data may be used in
this way and that they do not object. The
rule of thumb is that a business will need
an individual’s express consent, an opt-in,
for email and text message marketing.
This is not generally required for existing
Cyber security is of increasing concern to both businesses
and their customers. There doesn’t seem to be a month that goes by
without one company or organisation falling foul of the laws or victim to a
cyber attack, with personal data leaked to the media or worse.
Data protection
– what do you
need to know?
customers, where an opt-out option is
available.
Cyber security
Cyber attacks are on the rise, and
are considered by many experts to be
the main threat facing businesses and
organisations around the world. Attacks
can come from anywhere and at any
time, from lone individuals, disaffected
campaign groups or deliberate acts of
cyber terrorism.
Businesses must identify and understand
the risks faced, and the assets that may be
targeted. These might include:
•	 Customer databases;
•	 Financial information;
•	 IT services, such as the ability
to make online payments;
•	 Intellectual property; and
•	 Sensitive personal information.
The impact of a cyber attack to a
business can be severe, including
financial loss, reputational damage and
regulatory sanctions.
Businesses are required under the
Data Protection Act legislation to ensure
that data is kept secure. The legislation
does not explain how businesses should
comply with that requirement, but will
expect to see robust IT security, evidence
of educating employees as to the risks
and some degree of business continuity
planning.
Individuals who believe their data is
being misused, either inadvertently or
via a cyber attack can complain to the
Information Commissioner’s Office, which
can, depending on the seriousness of the
breach, issue fines of up to £500,000.
Widespread reform of data protection
legislation is being proposed by the EU
that could see fines increase up to ¤100
million. Now is the time for businesses
to put their houses in order.
Do you have a documented
internet, IT and data protection
strategy?
Do you have an up to date
social media policy for
employees?
Do you have policies that cover
employees handling sensitive
customer or client information?
What is your IT security
strategy and is it up to date?
Is there adequate training for
front line staff so they recognise
the latest threats?
Have you appointed a data
controller and registered
with the Information
Commissioner’s Office?
The Coffin Mew
cyber risk checklist
Amy Kerr
Associate Solicitor
Commercial
023 8048 3771
amykerr@coffinmew.co.uk
For more information
1716
KarenWebb
Partner - Head of Residential
Property and New Homes
023 8057 4322
karenwebb@coffinmew.co.uk
For more information
The ladder
to new homes
There is no doubt that we face a housing crisis. In 2014, according
to the Department for Communities and Local Government, just
118,760 new homes were completed against the generally accepted
need of 250,000 new homes each year.
The number of new home starts is at its highest since 2007, but still
30 per cent lower than the number of homes being built before the
global economic crash. And nowhere is the need for new homes
greater than in London and the South East.
If we are to provide homes for our children and grandchildren
reform and help is going to be needed in equal measures.
Karen Webb outlines five key areas that need addressing.
The Coalition Government has introduced
welcome reform to our complex planning
regime, yet further and deeper reforms
are needed.
The introduction of the National
Planning Policy Framework (NPPF) and
its presumption in favour of sustainable
development has made it faster for
housebuilders to achieve outline planning
permission. However, it can still take
many months to turn outline permissions
into full planning permission that allows a
developer to start building. This is where
further reform in needed.
Measures to make it easier and faster
to build on brownfield land would also be
welcome. A 2014 research report by the
Campaign to Protect Rural England, From
Wasted Space to Living Spaces, identified
enough brownfield sites in England to
provide 976,000 new homes.
These sites are often difficult
and expensive to develop and the
government should provide assistance
to housebuilders to bring forward viable
schemes on brownfield land.
The average price of a home in the UK is
£231,487, rising to £326,163 in the South
East. With lenders typically requiring
a 25 per cent deposit, the affordability
of home-ownership is a real challenge,
particularly for first time buyers.
The Government’s Help to Buy
scheme, introduced in 2013, allows home
buyers to get onto the housing ladder
with just a five per cent deposit and has
been a real success, helping some 70,000
people so far. Research published at the
beginning of this year by the Mortgage
Advice Bureau shows first time buyers
are able to get onto the housing ladder
some six years earlier compared with
those having to save for a deposit.
A long-term commitment to Help to
Buy will not only help those wanting to
get on to the housing ladder, but will
encourage housebuilders who can take
comfort that their products will have
buyers.
Small housebuilders are a dying breed,
struggling with costs and regulatory
burdens. Similarly, small development
sites have been difficult to bring forward,
hampered by the requirement to provide
affordable homes, even in some cases
where a developer is proposing just one
or two dwellings.
In December 2014, the Government
introduced a new threshold for the
requirement to provide affordable housing
of 10 homes or more, or schemes with
a maximum floorspace of 1,000 square
metres. This is welcomed, and will help
smaller developers and greatly increase
the viability of small sites.
Social housing providers, however and
perhaps predictably, have not welcomed
these measures, and the Labour Party
has said that it would abolish the
concession.
The concession is a genuine incentive
and one that will provide new homes with
little detrimental effect to affordable housing
numbers. It should be retained for at least
the lifetime of the next government.
It is estimated that there are some
600,000 homes lying empty, and whilst
the Government introduced powers
enabling local authorities to bring them
back into use, the ‘Empty Dwelling
Management Orders’ or EDMOs, have
been little used. In 2014 local authorities
used these powers on just 17 occasions,
and 15 of these were in the North East.
It is a sign that these powers do not
work. Our next Government should
re-examine measures to encourage
landlords and property owners to release
or use these empty homes.
In 2012 the Government announced
measures to release redundant public
sector land, claiming capacity for up
to 100,000 new homes. There is little
evidence this has happened. This
commitment needs to be revisited and
a scheduled programme of release
introduced.
The National Federation of Builders
has said that the housebuilding industry
needs 40,000 new workers every year
for the next four years to meet the rising
demand. The shortage of skills is so acute
that wages, particularly for bricklayers,
have increased by up to 50 per cent, and
schemes are being held back.
This is only going to be addressed by a
concerted effort by government, schools
and industry to encourage, promote and
provide attractive apprenticeships in
increasing numbers.
There is no quick or simple fix to our
housing shortage. It is only through a
concerted, coordinated and sustained
effort that we will provide the homes our
children and their children will require.
AFFORDABILITY AFFORDABLE HOME
REQUIREMENTS
EMPTY HOMES
AND PUBLIC LAND
SKILLS
SHORTAGE
PLANNING
REFORM
1918
Coffin Mew’s Clinical
Negligence specialists
Meet the
experts
Douglas Miller
Partner - Clinical Negligence
023 9236 6012
douglasmiller@coffinmew.co.uk
Sue Bowler
Partner - Head of Services forVulnerable
and Disabled People
023 9236 4307
suebowler@coffinmew.co.uk
For more information
Coffin Mew has a diverse range of expert lawyers acting
for businesses and individuals. One of the jewels in the
firm’s crown is its dedicated team of clinical negligence
lawyers, led by Sue Bowler and Douglas Miller.
We hope that you never need to call upon their expertise,
but if disaster strikes they are there to pick up the pieces to
ensure that your personal care needs are covered, whilst
trying to discover what happened.
Sue Bowler and Douglas Miller’s
team of clinical negligence and
personal injury lawyers is recognised
as one the leading teams in the
country for advising people that have
suffered serious and life-limiting
injuries. Its reputation in acting for
children and adults that have suffered
brain injuries is unrivalled.
It is a complex area of law that
combines the emotional and physical
trauma the individual and his or her
family are facing, determining the
long-term care needs that individual
might require, and the lengthy forensic
analysis needed to discover what actually
happened. It is not unusual for a case to
involve many millions in compensation.
Clinical negligence cases, such as brain
damage caused at birth or incorrectly
diagnosed illness, are not, however,
usually about the money, as Sue explains.
“Our work essentially
gives piece of mind. Did
something go wrong, and
if so what?”
“Parents or family members want
to discover what happened, where the
mistakes were made, and ultimately who
is responsible. Compensation paid is to
cover the often complex and expensive
long-term care needs an individual will
need. All of my clients would swap that
compensation in return for their health or
that of their children in an instant.”
Douglas agrees: “Our work essentially
gives piece of mind. Did something go
wrong, and if so what? In successful cases
we can provide financial security for the
effected individual. That compensation
may cover things like lost future earnings,
but is also used for things like converting
a home to make it wheelchair friendly,
rehabilitation therapies, and 24-hour
nursing care.”
With settlements often between
£5 million and £10 million, it is
understandable that there is a high
benchmark to meet to bring a successful
claim. It is necessary to prove that the
medical practitioner failed to demonstrate
a reasonable level of care or treatment
in the relevant medical field, and that no
responsible practitioner would have acted
in the way that happened. The number of
claims is on the increase. The NHS has
this year allocated over £16bn to fighting
and settling claims.
“We will work alongside
our clients for long periods
of time, sometimes their
entire lives”
Sue says, “If more was done to
improve patient safety then the NHS
spend on claims would be reduced. It is
not for any of us to judge the parents of
a child born with severe cerebral palsy if
they wish to investigate a claim. None of
us can imagine what it would be like to
have to care for a seriously disabled child
24/7 for their whole life, maybe never
sleeping through the night and rendering
the parents unable to work.”
“Everyone is aware that the NHS is
under financial pressure, and it is fighting
every claim,” says Douglas. “This makes
cases much longer and an already
expensive process even more so. The
NHS is also not particularly transparent,
making it difficult to ascertain what
happened, when and who was involved.”
It is accepted that some cases will take
many years to settle. Take, for example,
a child with a brain injury received at
birth. The full extent of his or her injuries
and future care needs often cannot be
fully accessed until seven or eight years
of age, or longer in some particularly
complex cases. Injuries received by adults
will generally be concluded more quickly
“It can be frustrating,” says Douglas.
“In many cases a far better outcome
could often be achieved for a patient if a
case was settled quicker. Early admission
of fault by the NHS where a mistake
has been made would be far better for
everyone involved.”
One aspect of the team’s work that sets
it above its peer group is its experience
and work with the Court of Protection,
the body that takes decisions over an
individual’s financial affairs if they lack the
capacity to do so themselves.
“This often means that we will work
alongside our clients for very long periods
of time,” says Sue, “and sometimes for their
entire lives. Ours is not a nine to five job.”
It is a job that extends well beyond their
Portsmouth offices and the courtroom.
Sue is Chair of the Board of Trustees for
Headway Portsmouth and South East
Hampshire, the regional office of the
national brain injury charity, and Douglas
is a Trustee of the Road Rose Association
in Southampton.
Each year the firm raises significant
amounts of money for brain injury charities
and supports the work they do, including
the popular Rose Road Triathlon.
It is the understanding and the empathy
that Sue, Douglas and the team bring to
each case that their clients’ appreciate
and comment upon.
As one of the team’s clients said,
following mistakes made by medical
professionals at the birth of their child
resulting in severe life-long disabilities,
“No one could have done better. Superb
service and the clear way everything has
been explained has made what could
have been a difficult time very easy.”
Coffin Mew’s clinical negligence team
will, thankfully, not be needed by the large
majority of people, but for those that do
suffer serious and life changing injury it
really is the fourth emergency service.
For more information on the work of
Sue, Douglas and the team visit their
dedicated web pages at
www.coffinmew.co.uk
Sue Bowler
Douglas Miller
2120
So how would you feel if after saying
“I do”, with the Champagne corks flying,
your fiancée pulled out a prenuptial
agreement and asked you to sign on
the dotted line?
Sally Pike, Head of the Family team
at Coffin Mew, says many people think
the idea of a prenuptial agreement is
unromantic and is planning to fail. There
is a sense that it is not the ‘done thing’
and reduces marriage to nothing more
than a contractual arrangement. It is hard
to see anything romantic about setting
out in chapter and verse what should
happen to your assets and income if you
separate.
Sally is, however, seeing a significant
increase in the number of couples
wanting to enter into a prenuptial
agreement because they see it as a
sensible and pragmatic way of planning
for the financial future in the unfortunate
event that the marriage does not last. “It
provides the couple with some certainty
about how they may sort out their
financial affairs if the relationship breaks
down,” says Sally, “which is an all too
common reality for many couples.”
Sally adds: “Divorce is a fact of life, and
with one in three marriages failing it is no
wonder that some people want to try and
minimise the emotional and financial fall
out of a divorce.
“Unravelling your joint finances can
be very expensive and there is no
certainty that a settlement will give either
couple what they really want in terms of
their financial future. With a prenuptial
agreement couples can decide together
what should happen about the house,
where they should both live, assets and
what financial support should be provided
in the event they go their separate ways.”
A lot of couples marrying for the second
time want a pre-nup, as do couples who
have individually built up assets before
getting engaged and are worried that they
might lose them in a divorce.
Ask any couple about how their husband or wife proposed to them and you
can be sure the details will be etched in the memory many years later. Whether
on a sun-drenched beach, over a romantic dinner-a-deux or overlooking the
Manhattan skyline, it will always be a special and personal moment.
Sally Pike
Partner
Head of Family Law
023 8057 4319 / 023 9236 4955
sallypike@coffinmew.co.uk
For more information
“One of the biggest concerns from
clients is protecting inherited assets they
have received from family,” says Sally.
The recent publicity surrounding big
money divorces where wives have
received record pay-outs for often very
short marriages has thrown the light back
on pre-nups. Would Paul and Heather
McCartney’s divorce, for example, have
hit the headlines if they had entered into
a pre-nup?
Sally offers this advice for couples
considering a prenuptial agreement:
•	 They are not automatically legally
binding in the English courts and
are just one factor that the court will
consider when dividing the parties
finances. However recent case law
means that they will carry significant
weight with the court provided the
agreement has been entered into
properly. There is now impetus to
change the law further to make
prenuptials legally binding.
•	 If you go on to have children the court
are likely to take into account the
financial needs of the children first.
The pre-nup is likely to carry less
weight with the court unless the
children’s needs have been met.
•	 You must both take independent legal
advice and exchange full details of your
finances before entering into a pre-nup.
•	 Do not leave it until the last minute before
the wedding to get an agreement drawn
up. It’s important that the pre-nup is
signed well in advance of the wedding –
at least three weeks before is
considered best.
Whether prenuptials are considered
unromantic or just prudent financial
planning, one thing that is sure is more
and more couples want to have control
of their own financial affairs in the event
of a separation rather than leaving it to
the court to impose a financial settlement
on them. After all not everyone can live
happily ever after.
The Coffin Mew family law team is
consistently rated in the independent legal
directories Chambers UK and Legal 500
as a top family team in Hampshire with a
reputation for achieving solutions to family
issues that are constructive, pragmatic
and cost effective.
“I do”...but sign on the dotted line
2322
The purpose of Shared Parental
Leave (SPL) is to enable eligible
parents to choose how to share the
care of their child during the first
year of birth or adoption. The new
rules mean that parents can take
time off at the same time to look
after a new born or at different
periods in order to share child care.
It is hoped that SPL will help to
create a family-friendly culture in
the workplace.
How will it work?
Mothers have the right to take 52
weeks’ maternity leave, of which the
first two weeks are compulsory. If the
mother would like to share some of that
leave with the father then she can opt
out of maternity leave, and opt in to
SPL, enabling whatever time and pay is
left under maternity leave to be shared
amongst the two parents.
SPL can be taken consecutively or
concurrently between parents, provided
they do not take more than the total
SPL available to them, and that it is
taken before the child’s first birthday.
For example, a mother takes 20 weeks
maternity leave, leaving 32 weeks to
take. These 32 weeks can be shared
between the mother and her partner
as they wish, perhaps with the partner
taking 20 weeks followed by the
mother taking the final 12 weeks,
or by both parents taking 16 weeks
concurrently.
Amy Richardson
Associate Solicitor
Employment
0333 000 0122
amyrichardson@coffinmew.co.uk
For more information
The maternity and paternity regimes have changed again.
Parents of babies who were due on or after 5 April 2015
are now entitled to take‘Shared Parental Leave’.
Amy Richardson explains these new family friendly rules.
Shared parental leave
– new rights for parents
SPL may be taken as one continuous
period or in blocks. If it is taken as one
continuous period, the employer must
agree to it. If SPL is taken in blocks then
it must be taken in multiples of complete
weeks. The periods of SPL must be
agreed between the employee and
employer in advance.
How much are they paid?
If the mother is entitled to Statutory
Maternity Pay, then this can be transferred
into the SPL system. Statutory maternity
pay is paid at 90% of average earnings
for the first six weeks and then a flat rate
for the remaining 33 weeks. If the mother
opts out of maternity leave before her 39
weeks of pay have been exhausted then
the remaining pay can be transferred to
the father under SPL.
Who does it apply to?
To qualify for SPL, employees must
share care of the child with either:
•	 Their husband, wife, civil partner or
joint adopter;
•	 The child’s other parent or other
adoptive parent; or
•	 Their partner (if they live with the
employee and the child in an enduring
family relationship).
Other conditions include:
•	 The mother or primary adopter must
have been with their current employer
for 39 weeks before the expected week
of child birth and still be in employment.
•	 The other parent must satisfy the
‘employment and earnings test’,
broadly, have worked on an employed
or self-employed basis in 26 of the last
66 weeks earning at least £30 per week
on average for 13 of those weeks.
In some cases only one parent in a
couple is eligible to get SPL and Statutory
Shared Parental Pay. This means that
they can’t share the leave between them,
but the eligible parent can still use SPL to
book their leave separately.
How does an employer check an
employee’s claim to SPL?
When a mother opts out of maternity
leave and into SPL, she and her partner
must sign a document confirming their
eligibility, the amount of leave (and
pay) remaining, and how it is to be
split between them. Legally binding
declarations are given to the employers
of both parents to ensure that the correct
amount of leave and pay is being taken.
If employers are suspicious about an
employee’s entitlement then they can
check eligibility with HMRC and can ask
their employee to provide a copy of the
child’s birth certificate/documents issued
by the adoption agency.
It is uncertain how many couples will
take up the new SPL option, given that
the pay rate is low, and not many fathers
took advantage of the previous additional
paternity regime. However, employers
must be aware that, unlike the flexible
working arrangements request, they
cannot refuse a request for a continuous
period of SPL.
Employers who offer enhanced
maternity schemes should consider
whether to offer the same benefits under
SPL and the potential consequences if
they do not (for example, would it be
unlawful discrimination?).
Whilst the greater flexibility is good
for working families, it may cause
uncertainty for employers as to which
employees will be in the office following
a birth or adoption. It is therefore best for
employers to have an early conversation
with expecting parents to discuss likely
periods of absence before the formal
notice process starts. Employers could,
however, benefit from the new system
because periods of leave can be taken in
blocks and this allows parents to return
to the office for an important project or
deadline and then go back on leave.
Employers and HR teams should start
to consider the administrative changes
that need to be made in order to manage
a SPL system to ensure communication
and forward planning is as effective as
possible.
“Employers cannot
refuse a request for a
continuous period of
shared parental leave.”
2524
Why did you choose a career in law?
Elizabeth: “I wanted a vocation which is challenging and
rewarding. The legal sector is diverse and you can choose
an area of practice that you enjoy the most.”
Jennifer: “I’ve always enjoyed sorting out people’s grievances
and listening to both sides of the story. Being a lawyer allows
me to help people achieve a certain outcome.”
Hannah: “The law is an exciting and innovative area to work
in and each day presents new challenges, with the law constantly
developing. I also enjoy the client contact the job offers.”
What area of law would you ultimately like to focus
on and why?
Elizabeth: “I still enjoy the variety of the work that I am involved
in and am keen to get as much experience this year before
deciding.”
Jennifer: “Similarly to Elizabeth, I am still undecided.”
Hannah: “From my experience so far, I would like to focus on
Court of Protection work; providing advice on personal injury
trusts, helping with the management of affairs under Power of
Attorney, or assisting with the specially adapted houses/building
projects for our clients who have received settlements arising
from a personal injury or clinical negligence claims.”
Why did you choose Coffin Mew?
Elizabeth: “Coffin Mew is one of the larger regional firms on
the south coast with a great reputation amongst students for
its training programme. I attended the open day and liked the
feel of the firm.”
Jennifer: “As soon as I walked into the Lakeside office, it felt
like a completely different environment to other firms I had
previously visited or worked in. I like the friendly atmosphere
of Coffin Mew, and the people in the firm undoubtedly contribute
to that.”
Hannah: “The firm offers exciting possibilities for its trainees
and a good work/life balance.”
What is work life like at the firm?
Elizabeth: “As a trainee, my work life is busy and varied taking
on new tasks and learning new skills. There are also some great
firm events and networking opportunities to get involved with.”
Jennifer: “Excellent. There is a great team spirit and social side
to the firm.”
Hannah: “It is both professional and friendly. The firm offers
a wide range of opportunities for its employees to help them
develop and achieve the best they can.”
What are the highlights of your career so far?
Elizabeth: “I spent my first six months in the Employment team
and really enjoyed attending Employment Tribunal hearings.”
Jennifer: “Without question, dealing with a client who had been
on a popular BBC TV programme.”
Hannah: “To be given the opportunity to complete a second
seat in the Court of Protection team as part of bespoke, tailored
training contract.”
And if you had chosen a different career?
Elizabeth: “A social worker or, if I was taller, a professional
basketball player.”
Jennifer: “Still love the law, so a lecturer in law.”
Hannah: “I have always been interested in chemistry. If I had
not chosen a career in law, I think I would have become a
pharmacist.”
It’s not all about work. What do you do outside
of the office?
Elizabeth: “I enjoy playing both basketball and netball and I
have also signed up take part in the Great South Run later on
in the year.”
Jennifer: “I spend a large amount of my spare time singing
– I perform regularly with the classical ensemble La Nova
Singers. I am also the backing singer to Coffin Mew’s band
‘Clover’, practicing regularly for the Law Rocks competitions
– we managed to win two competitions last year. I also enjoy
cycling and running, and will be taking part in the Bournemouth
marathon in 2015.”
Hannah: “I am a keen skier and try to get out on the slopes at
least once a year. I also enjoy running and generally keeping fit.
I am from the local area and spend the rest of my spare time
with family and friends.”
For some school and college leavers,
ambition can’t wait. We realise that
some young people want to get their
career started as soon as possible
and our award winning apprentice
programme enables those individuals
to do just that.
Coffin Mew’s apprentice programme is
an alternative to university, and can lead
to the same professional qualification
you would get as a graduate without
any fees or debt.
Our apprentices are highly motivated,
capable and ambitious, and as a result of
our in-house and external learning and
development programme they are able to
become a valuable member of our team
very quickly.
Coffin Mew recruited a number of
apprentices during the last year and
as highlighted in our Insight section,
Emily Bell was awarded‘Apprentice of
the Year’at The News Business Excellence
Awards 2015.
We are currently recruiting for
apprentices to join us throughout the
year. So if you know someone who is
looking for a long term career to work
towards a legal qualification (NVQ Level
3 Advanced Apprenticeship in Legal
Services, which will be taught by CILEx)
or wants to join our busy operations
team (Finance, HR, Marketing or IT) and
work towards a nationally recognised
qualification, please contact Jody Nash
on jodynash@coffinmew.co.uk.
Every year Coffin Mew takes on a number of trainee solicitors, investing in the
next generation of legal eagles. Usually after spending two years working with
different teams across the firm they qualify as a solicitor and focus their career
on one particular aspect of law. Increasingly in some specialisms there is a need
from clients and the courts for trainees to specialise earlier in their careers, so at
Coffin Mew we have created bespoke training contracts.
Comment magazine caught up with three of this year’s trainees –
Elizabeth Parrish, Jennifer Evans and Hannah Rowlatt (pictured).
Investing
in the future
APPRENTICE PROGRAMME
A full time job with a competitive salary, independence
and responsibility – without going to university first.
Coffin Mew
To find out more about joining Coffin Mew’s
trainee programme visit www.coffinmew.co.uk
2726
Working for you
www.coffinmew.co.uk
Coffin Mew LLP is a limited liability partnership in England and Wales (registered number OC 323868) which is authorised and regulated by the Solicitors Regulation Authority (registered number 463138). Lexcel Accredited.
Disclaimer: This information has been prepared by Coffin Mew LLP as general guidance only and does not constitute legal advice on any specific matter and should not be relied upon as such. No liability can be accepted
by Coffin Mew LLP for action taken or not taken as a result of this information.
@coffin_mew
Southampton
Cumberland House
15-17 Cumberland Place
Southampton
SO15 2BG
023 8033 4661
Portsmouth
1000 Lakeside
North Harbour
Portsmouth
PO6 3EN
023 9238 8021
Brighton
3rd Floor
Queensberry House
106 Queens Road
Brighton BN1 3XF
0333 000 0122
Gosport
60 Stoke Road
Gosport
PO12 1PA
023 9252 3111
London
338 Euston Road
London
NW1 3BT
0207 544 8602

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CM_COMMENT_MAG_ISSUE3_WEB

  • 1. CommentThe magazine from Issue 3 Hello Brighton! Entrepreneurial Nation Clean Heels - Taming the Dragons Shared parental leave New rights for parents Meet the experts Our Clinical Negligence teamCoffin Mew expands into Brighton
  • 2. 06 Coffin Mew expands into Brighton Brighton is one of the fastest growing cities in the South East of England. It is home to many exciting fast growing businesses and a thriving cultural scene. And with Coffin Mew opening an office in Brighton’s city centre, it now has a law firm to match. 10 Entrepreneurial Nation – Clean Heels In January this year Ally Stevenson, the founder of Clean Heels Heel Stoppers, walked out of the BBC Dragons’ Den with a £50,000 investment and the support of Deborah Meaden and Kelly Hoppen. Comment discovers how she tamed the Dragons. 04 Insight News from Coffin Mew. 08 Naomi House & Jacksplace Coffin Mew names Naomi House & Jacksplace as its staff nominated charity of the year. 12 Entrepreneurial Nation – Just Develop It How to build a £40m business. 14 Funding growth All businesses aim to grow and expand, but financing the step up from a small to a medium or large business can be difficult. 15 Using trusts to pass money to your children Trusts are not just the preserve of the super rich; they are a useful way to pass money or assets on to your children or grandchildren. 16 Data protection – what do you need to know? Data protection compliance is more than just a box-ticking exercise, says Amy Kerr. 18 The ladder to new homes If we are to provide homes for our children and grandchildren greater reform and help is going to be needed. 20 Meet the experts A jewel in the Coffin Mew crown is its dedicated team of clinical negligence lawyers. 22 “I do”….but sign on the dotted line The rise of the prenuptial agreement. 24 Shared parental leave – new rights for parents The maternity and paternity regimes have changed again, says Amy Richardson. 26 Investing in the future Coffin Mew and its next generation. Miles Brown Managing Partner Coffin Mew LLP milesbrown@coffinmew.co.uk 023 9238 8021 Welcome to Comment Coffin Mew is a law firm with an ambitious vision and a strong presence along the South Coast, providing a full range of legal services to businesses and individuals. We are now extending our award winning service further along the coast. I am delighted to announce that on 5 May we opened a new full service office in Brighton. The new office, our fifth, is both a bold demonstration of our commitment to one of the South Coast’s fastest growing and most diverse cities and to those that live and work there. It is also this ambitious vision that continues to make the firm a great choice for those looking for a career in law. Since January this year we have appointed 14 new members of staff across the firm, and promoted six including Jonathan Sleep and Douglas Miller to the Partnership. The firm is also winning external recognition for the work we do. At the recent Business Excellence Awards hosted by The News, our Residential Conveyancing and New Homes team were ‘Highly Commended’ in the Team of the Year category and our Marketing Assistant, Emily Bell was named ‘Apprentice of the Year’. Our congratulations go to them all. The staff also chose their charity of the year Naomi House & Jacksplace and you can read more about the excellent work they do within the magazine. And finally, to thank you, our clients and contacts for your continued support over the years. Our aim is to continue to set high standards in client service. The next edition of Comment will be published in Autumn 2015 and I welcome your feedback and comments. Comment is written and published by Coffin Mew LLP. Special thanks to Wildfire Creative & Marketing Ltd and Coast Communications. For further information about Comment, please contact Amir Hussain, Head of Marketing on amirhussain@coffinmew.co.uk or call 023 9236 4301. © Copyright 2015. All Rights Reserved. Coffin Mew LLP. in this issue... Issue 3 32
  • 3. Coffin Mew was crowned twice at the prestigious annual Business Excellence Awards organised and hosted by The News in Portsmouth. Emily Bell, Marketing Assistant was named ‘Apprentice of the Year’ and the firm’s Residential Conveyancing and New Homes team were ‘Highly Commended’ in the Team of the Year category at a glittering ceremony held at the Portsmouth Guildhall. The team were also awarded ‘Highly Commended’ at the Property Forum Awards held in April. Nick Gross, Coffin Mew’s Chairman and Corporate Partner, said: “It is always pleasing to have the firm’s achievements recognised by our peers. The whole firm extends its congratulations to Emily and to our Conveyancing and New Homes team.” Above: Coffin Mew Business Excellence Awards winners Left: Emily Bell Jonathan Sleep - Wills, Trusts and Probate team and Douglas Miller - Clinical Negligence team have both been promoted into the Partnership. Annabelle Vaughan - Court of Protection team, Amy Kerr - Commercial team, Charlotte Farrell - Employment team and Jamie Earley - Corporate team are also promoted to Associate Solicitors. The annual Coffin Mew charity quiz saw 33 teams battle it out at Kams Palace, Fareham in Hampshire raising £3,000 for Naomi House & Jacksplace - hospices that support families from seven counties in southern England – Hampshire, Berkshire, Wiltshire, Dorset, Surrey, West Sussex and the Isle of Wight. The 10 round quiz saw a team from property agents Vail Williams (pictured) take first place, closely followed by Handelsbanken and property agents Hughes Ellard. Naomi House & Jacksplace offer a full palliative care service that includes respite, emergency and end of life care for life-limited and life-threatened children and young adults from birth and into their later years. See profile on pages 8 and 9. Commenting on the promotions, Miles Brown, Coffin Mew’s Managing Partner said “It’s a great pleasure to announce these promotions. Whilst the injection of fresh ideas and impetus from new recruitment is important, so is the recognition of what our longer-serving people have and continue to bring to the firm. “Our reputation is built on the expertise, commerciality and personality of our people. These promotions reflect our continued commitment to supporting our clients in their need for high-level advice from people that both know and understand their requirements. We wish them all every success in their future careers at Coffin Mew.” Left to right, top to bottom: Jonathan Sleep, Amy Kerr, Jamie Earley, Douglas Miller, Annabelle Vaughan and Charlotte Farrell Insight Double award winners at Business Excellence Awards Bringing you the latest news from Coffin Mew Coffin Mew has once again joined forces with Marwell Wildlife supporting the second of its public art installations in Southampton. A stampede of zebras will take to the streets of Southampton throughout 2015/16, following its hugely successful Go! Rhinos public art programme in 2013. Kirstie Mathieson at Marwell Wildlife said: “Grevy’s Zebras are critically endangered in the wild, with just 3,000 left. Zany Zebras will see life sized model zebras’ decorated by local artists, schools and colleges, and sponsored by local businesses. Our thanks to Coffin Mew for their valued and ongoing support.” The money raised from Zany Zebras will support the conservation work Marwell is doing with Grevy’s Zebras in Africa. Zany Zebras Coffin Mew is delighted to announce six major promotions, including two new Partners. Promotion time Let’s get quizzical 54
  • 4. Beside the sea Coffin Mew expands into Brighton The city is home to some 1,500 start-up and young digital and tech businesses in a cluster named ‘Silicon Beach’. “Brighton has a rapidly expanding economy, with many fast growing businesses in the creative, digital, IT, green-tech, financial services, health and life sciences, and the advanced engineering sectors,” says Nick. “There is also the strong year-round tourism sector. We believe these businesses will embrace a like-minded law firm that is on their doorstep. People in Brighton do business in Brighton.” Long-term vision Coffin Mew’s vision does not, however, stop in Brighton. The firm in the next 24 months is on track to open further offices and to double its turnover. It is, as the firm’s Managing Partner, Miles Brown, says “a firm to watch”. Growth will come from acquisition, both merging with exceptional smaller firms and acquiring successful teams, and from organic growth. The firm plans to grow from its current £10m annual turnover to around £20m over the next three years. “Business owners and individuals want to work with successful advisers”, explains Miles. “It is important that we as a business grow to continue to attract the best quality people and to meet the challenges our clients face. Some of that growth will come from the enormously talented staff we already have, and some will come from our expansion and acquisition programme.” “Our clients see our lawyers as very much part of their team, wanting full service support wherever they are based. It is important that we are there to support their growth.” The new office is located in Queensberry House, 106 Queens Road, Brighton. Nick Leavey Partner - Head of Commercial Property 0333 000 0122 nickleavey@coffinmew.co.uk For more information Our new Brighton office team; Left to Right: John Parkinson Head of Business Development Nick Leavey Partner, Commercial Property Nick Gross Chairman and Partner, Corporate Sally Pike Partner, Family James Russell Partner, Dispute Resolution Mirren McGinley Solicitor, Commercial and Residential Property Jonathan Sleep Partner,Wills,Trusts and Probate Amy Richardson Associate, Employment Miles Brown Managing Partner Elizabeth Gibbons Office Manager Coffin Mew is a law firm with an ambitious vision. It has for the past 125 years been the first port of call for businesses and individuals in the Solent region, and it is now extending its award-winning service along the South Coast. On 5 May the firm opened a new full service office on Queens Road, Brighton. The new office, the firm’s fifth, is both a bold demonstration of the firm’s commitment to one of the South Coast’s fastest growing and most diverse cities and those that live there, and a commitment to supporting fast growing entrepreneurial businesses and their owners. The office is being led by Nick Leavey, Partner and Head of Coffin Mew’s Commercial Property team. Nick has been advising clients in the Brighton area for 15 years, having also lived and worked in the City. He is joined by a team of senior lawyers, all with strong Brighton connections, with further appointments shortly to follow. Explaining the move into Brighton Nick Leavey said: “Coffin Mew enjoys a strong reputation for being entrepreneurial and forward-thinking. Brighton, with its rapidly growing economy and its high standard of living, is a natural fit to the firm’s already strong client offering.” Coffin Mew in Brighton will offer the full range of support to both businesses and individuals, including corporate/commercial, commercial property, litigation, insolvency, employment, residential conveyancing, wills, trusts and probate and family law. And Coffin Mew is already making a highly visible impact on the City, advising the Brighton West Pier Trust on the £45m i360 development, featuring a 138-metre high observation tower, restaurant, retail and exhibition space. The scheme is at the forefront of the regeneration of the historic seafront site. The firm is also supporting The Brighton and Hove Arts Council on their arts initiatives programme for 2015/16. But there is much more to Brighton than its world famous beach and piers. Brighton & Hove is one of the fastest growing cities in the South East of England. It is home to many exciting fast growing businesses and a thriving cultural scene. And with Coffin Mew opening an office in Brighton’s city centre it now has a law firm to match. 76
  • 5. Naomi House & Jacksplace are hospices that support children, young adults and their families across seven counties of South East England. They provide a home from home for those with life threatening and life limiting illnesses. The two hospices - Naomi House for younger children and Jacksplace home to young adults – provide families with up to 16 days respite, emergency and specialist end of life care alongside support to families and ‘hospice at home’ services. Both sit side by side in the beautiful village of Sutton Scotney. The charity currently supports 287 people and families and, amazingly, achieves this with limited public sector support. “We need £7m every year to continue to provide the support families and their children rely upon,” explains Mark Smith, Naomi House & Jacksplace’s Chief Operating Officer. “And just 10 per cent of that comes from the public purse.” “We are extremely lucky to have such dedicated staff and our army of 800 volunteers plus the many thousands of people from across Hampshire, Berkshire, Wiltshire, Dorset, Surrey, West Sussex and the Isle of Wight who participate and raise funds for us.” Naomi House first opened its doors in 1997 providing support for young children and their families. “Naomi House provides bedrooms for children and their families, along with the communal, indoor and outdoor play space and care space needed,” says Mark. “We are currently undergoing a major refurbishment of Naomi House to provide more flexibility with our space, allowing us to Coffin Mew has named Naomi House & Jacksplace as its staff nominated charity of the year. Comment magazine caught up with its Chief Operating Officer, Mark Smith to discover more about the charity. Naomi House & Jacksplace add further bedrooms or care space at short notice. This should be completed in September.” Advances in modern medicine now mean that many of these young children live considerably longer than they perhaps would have done 20 or 30 years ago, so in 2010 Jacksplace opened its doors. “Young adults need a very different environment,” says Mark. “Jacksplace allows our guests the freedom and experiences teenagers and young adults want, such as space to play computer games, listen to loud music or prepare their own food, whilst in a supportive environment needed to cater for often complex care needs. One of our guests is even studying for a PhD.” Sitting alongside its residential care Naomi House & Jacksplace also provide ‘at home’ hospice care and bereavement support to families for as long as it is needed. “We cover a vast area and it isn’t practical to deliver all of our services in just one location,” says Mark. “We are here to support children and their families for as long as needed and where it is needed.” Mark is also keenly aware that a charity is in essence a ‘social business’, having to raise and manage its funds to continue to successfully deliver the services so many now rely upon. Every year it holds a series of increasingly popular fund raising events including the Clarendon Way Walk (31 May), Rainbow Run (27 September) and Foam Fest (April 2016). “The Clarendon Way Walk is perhaps our best known event,” says Mark, “with over 1,000 people walking 26 miles from Salisbury Cathedral to Winchester Cathedral. This year we are on track to raise over £100,000. “Every year we try to be imaginative, creating new and exciting events to encourage more and more people to engage with us.” Increasingly, Naomi House & Jacksplace reaches out to the business community for support. For example, every year local businesses take over the charity’s shops and compete with each other over the course of the day to raise the most money in the Store Wars challenge. “The days of a local business simply handing over a cheque have all but gone,” says Mark. And this is why Naomi House & Jacksplace are thrilled when companies choose them as their charity of the year. “We are delighted with Coffin Mew’s decision to adopt us as its charity of the year,” says Mark. “We look forward to working alongside them and to the contribution the firm will make.” Visit www.naomihouse.org.uk for more information on Naomi House & Jacksplace. Coffin Mew has a strong tradition of playing an active role in the local community, with its 140 staff deciding on the firm’s charity of the year. Naomi House & Jacksplace was a clear winner. The firm through its dedicated corporate social responsibility (CSR) team create a programme of activities and events designed to raise funds and awareness to support the work of its chosen charity. “Our staff immediately felt a connection with Naomi House & Jacksplace,” explains Sue Bowler, Head of Services for Vulnerable and Disabled People “The support provided by Naomi House & Jacksplace is crucial for the clients that we represent.” And the firm has thrown its support wholeheartedly into supporting the charity, with its annual charity quiz night that saw 33 teams raise £3,000. Further events are planned throughout the year. Coffin Mew and Naomi House & Jacksplace Left to right: Charlotte Otter, Kirsty Hughes, Sue Bowler, Mark Smith, Emily Bell, Tina Starbuck “We are delighted with Coffin Mew’s decision to adopt us as its charity of the year” Mark Smith, Chief Operating Officer 98
  • 6. In January this year Ally Stevenson, the founder of Clean Heels Heel Stoppers, walked out of the BBC Dragons’ Den with a £50,000 investment and the support of Deborah Meaden and Kelly Hoppen. HOW TO TAME YOUR DRAGON Some businesses are born from a momentary flash of inspiration. Portsmouth mum of two, Ally Stevenson, was at a family wedding in 2005 when standing up to give a short speech she placed two bottle tops under her stiletto heels to stop her sinking into the grass. It was that quick thinking that led to the creation of Clean Heels and, 10 years later, a significant investment and the support of two of the toughest dragons from the popular BBC Dragons’ Den programme. Ally Stevenson created the deceptively simple Heel Stoppers; a protective sleeve attached to a plastic disc that protects stiletto heels and stops them sinking into grass and other soft surfaces. “I launched Clean Heels at Goodwood in 2006,” says Ally. “I took samples with me and had people seeking me out to get their hands on a pair. It confirmed what I already knew – that Clean Heels Heel Stoppers was a great idea.” The first pair of Heel Stoppers was very different from those currently sold by Clean Heels. “I popped into my local DIY store and bought some soft rubber tubing and some CD cases. They didn’t look great, but I was able to take them to engineering business, Pressco Precision Engineering based in Portsmouth and together we developed the finished product.” Heel Stoppers are available in a variety ALLY STEVENSON :: CLEAN HEELS Comment magazine caught up with Ally in between meetings at Coffin Mew’s offices to discover how she built her successful business and how to tame the Dragons. of colours, including pairs decorated with Swarovski crystals. It is, however, the simple black and clear plastic versions that are best sellers, with the heel stopper becoming almost invisible on grass. Clean Heels turned a profit from day one. It was then that Ally was delivered a devastating blow. Following a routine check with her GP, she was diagnosed with breast cancer. “The business was really taking off, with sales all around the world,” says Ally. “I didn’t want to stop and put that on hold, but I had to focus on the cancer treatment and getting well again. There were times after particularly tough chemo and radiotherapy sessions that I would literally crawl out of bed and, with the help of my family and friends, fulfil orders for Clean Heels Heel Stoppers. Without that support I simply wouldn’t have managed.” It took four long years to eventually beat breast cancer, and all the time Clean Heels was gaining momentum and a dedicated following. One of the keys to Clean Heels’ success was Ally’s savvy determination to protect her designs around the world. “From the outset we had specialist trade mark advisers helping us file trade mark registrations in key markets around the world,” says Ally. “It was expensive, but it has enabled us to stop copycat producers around the world.” Ally is adamant that she is not an entrepreneur, just someone with a great idea. It was for that reason that she decided to go onto BBC 2’s Dragons’ Den. “I didn’t need the money as the business was profitable,” explains Ally. “But I really did need support in marketing and making the connections. This is what the Dragons are really good at.” But the Dragons are a tough crowd to please, and do not make their investments lightly. The show is filmed in Manchester, with entrepreneurs given just three minutes to make their pitch. “I was grilled for two further hours and had four Dragons wanting to invest,” says Ally. “Peter Jones and Duncan Bannatyne kindly agreed to step aside for Deborah Meaden and Kelly Hoppen. “Once Deborah had tried Clean Heels Heel Stoppers she was won over,” says Ally. “But it takes more than that to tame a Dragon. You have to know your business inside out and have a complete grasp of the numbers. They are, after all, investing their own money.” The BBC Dragons have invested £50,000 into Clean Heels, but it is their connections that are of greatest interest to Ally. “They have put me in touch with a great marketing and social media team,” explains Ally. “In the two weeks after the show we sold over 30,000 pairs of Heel Stoppers. It has just been phenomenal.” Clean Heels is also gaining some big fans, including Royals and TV celebrities such as Clare Balding and Gok Wan. Pairs of Heel Stoppers have also been given away in the goodie bags at the Oscars and at the Empire Film Awards. And Ally’s aspiration for the future of Clean Heels? Well, that is quite simple. “I would like to see a pair in every girls’ handbag.” There is no stopping Clean Heels Heel Stoppers. Clean Heels Heel Stoppers are available from leading high street retailers, including BHS, Debenhams, House of Fraser online and Timpsons. They can be bought directly from www. cleanheels.co.uk with prices starting at £4.99, and they also give a free pair with every order. ENTREPRENEURIAL NATION “FROM THE OUTSET WE HAD SPECIALIST TRADE MARK ADVISERS HELPING US FILE REGISTRATIONS IN KEY MARKETS AROUND THE WORLD” “ONCE DEBORAH HAD TRIED CLEAN HEELS HEEL STOPPERS SHE WAS WON OVER” Visit www.cleanheels.co.uk 1110
  • 7. What does it take to build a successful business? Drive, enthusiasm, self-belief, a great idea, a great team and, of course, a little bit of luck. And to build a £40m plus business before your 30th birthday? Well that takes something a little bit different. CHRIS PHILLIPS :: JUST DEVELOP IT Visit www.justdevelop.it A number of companies quickly followed, including another web-hosting business and an online PC backup service. “These businesses grew very quickly, with the web hosting business adding 1,500 new customers every day,” says Chris. “It was an exciting time, and our businesses began to attract quite a bit of outside interest.” Just Develop It soon sold the web hosting business to the US company that originally purchased Chris’ first hosting business. “It wasn’t our plan to sell these businesses,” says Chris, “but we kept getting bigger and better offers. It would have been crazy not to sell.” It was at this time that Just Develop It began to take a different direction. It began to invest in other businesses. “We are in a very lucky position,” explains Chris. “We still continue to manage the technology businesses, including the web hosting business, but with time and money on our hands I wanted to put it to good use.” To date Just Develop It has invested in some 20 different businesses, all in very different sectors including house building, children’s clothing, restaurants, a nightclub and a golf course. “I look to invest in people, rather than the business,” says Chris. “They must be hungry for success and have the drive and vision to make it work.” Some of the Just Develop It investments are quite small – just a few thousand pounds – others are quite substantial. Cloud Developments is one such example. To date, and in partnership with Bishops Estate Agents, Chris and his team have developed or renovated 53 houses, 77 apartments and 11 commercial buildings. “Those businesses in which we invest not only get our money,” says Chris, “they get time and support. I am looking for longer term partnerships, not just a quick buck.” Managing businesses is one of Chris’ passions, but it is not without its challenges. Just Develop It now has some 40 full time staff, with a further 150 people working for the businesses where it holds investment. “We have had to add the infrastructure a growing business needs – HR, a finance director, good external advisers, such as Coffin Mew,” says Chris. “Turning something that generates cash into a real company is a challenge and one that I relish.” And that challenge has made Just Develop It, with its young work force (most have still yet to hit their 30th birthdays) a fun place to work. It has recently moved into new purpose built offices that include Ping-Pong tables and a host of other benefits, such as free massages and a dedicated chef that prepares daily hot meals and snacks. So, with Just Develop It and its team still very young, what does the future hold? “It is the investment and growing new successful businesses that has me excited at the moment,” says Chris. “We will be making larger businesses and expanding our portfolio. I like looking at industries where I believe we can make the product or service better and more profitable.” “Whatever we do,” concludes Chris, “it will most certainly be fun.” “ENTREPRENEURS LOOK AT THE WORLD IN A DIFFERENT WAY.” “THE US ACQUIRING COMPANY INVITED ME TO WORK FOR THEM IN SCOTSDALE, ARIZONA, AND THEY TAUGHT ME HOW TO RUN A BUSINESS. THOSE LESSONS HAVE STAYED WITH ME.” ENTREPRENEURIAL NATION JUST DO IT Comment magazine spent a couple of hours with Just Develop It CEO Chris Phillips and discovered that his hand is behind some of Hampshire’s most exciting and interesting businesses. What is the difference between a successful business leader and an entrepreneur? It is not an easy question to answer, but on meeting Chris Phillips, the CEO of Segensworth-based Just Develop It, you begin to get a clearer idea. Entrepreneurs are risk takers. Those that are truly successful are prepared to bet the family silver time and again. They are prepared to face and accept failure, walk through it and start all over again. A good business leader – and all successful businesses need them – is a counter-balance. Someone who will question those decisions, take ideas forward and make them happen. “Entrepreneurs are born that way,” says Chris, “and look at the world in a different way.” And Just Develop It is a very different kind of business. Its roots are in web- based technologies, but now extend to children’s clothing, housebuilding, restaurants and nightclubs. “I started my first business when I was 16 years old,” says Chris, “a web hosting service with friends and family paying £20 a month. Before long I had over 1,000 clients, but it grew too fast and the business was brought by a US IT company at just the right time.” That first business didn’t make Chris any money but it was, he says, perhaps one of the best things that could have happened. “The US acquiring company invited me to work for them in Scotsdale, Arizona, and they taught me how to run a business. Those lessons have stayed with me.” Whilst in the US Chris launched his second business – Intellichat, that allows companies to talk directly to website visitors answering questions and helping to secure a sale. It was at this time Chris met co-directors Brooke Bryan and Nick Baker. “Brooke is, quite simply, one of the best coders I have ever met, and Nick could sell snow to Eskimos,” says Chris. It was this dream team that one year later would form Just Develop It, a group company that would eventually hold a diverse and exciting portfolio of businesses. Intellichat Red Lounge The Astoria Skylark Golf and Country Club Mutiny in the Park Cloud Living Cloud Rentals Grabalaptop JDI Developments Vintage Pig Bishops Estate and Letting Agents Sitelio Jessie and James Dancor Group Season Domestics Skycars THE JUST DEVELOP IT PORTFOLIO INCLUDES THE FOLLOWING BUSINESSES AND BRANDS: Websitebuilder Processing Point Sitey Turbo Your PC Park View Gradlancer Fortifi Reclickd Kassia 1312
  • 8. It is normal that a person who owns an asset benefits from that ownership. Trusts are used to separate ownership and benefit and can be used for many legitimate purposes. One of the most common is to pass on assets or money to children or grandchildren in a controlled way. There are many reasons for wanting to do this. It may be that the children are not yet old enough to look after significant amounts of money. It may be that they do not have the mental capacity to manage their own affairs, or that you believe they would act in an irresponsible way. Perhaps the most common approach is to settle any funds that you intend to pass to that person into a trust that is included within your Will, with appointed trustees using their discretion to distribute the fund. This is known as a discretionary trust. Discretionary trusts are particularly helpful if you wish to pass on assets or money to more than one beneficiary. They could, for example, be used to help fund a child’s education or perhaps for a deposit on a future home. If the beneficiary’s circumstances change over time and the trustees feel it appropriate to distribute the trust assets outright they can bring the trust to an end at any point. Consideration does need to be given to the appointment of trustees, particularly as they have considerable power and influence over the distribution of the trust’s funds. You will, obviously, want to appoint someone who can be trusted to make sensible decisions in the best interests of the beneficiaries. It is usually appropriate to appoint two or three trustees, or perhaps consider a professional trustee. Trustees also have a responsibility to manage the trust’s funds. They have a legal responsibility to invest the trust’s assets in a diverse and responsible way. Trustees are required to take expert advice before making investment decisions. Whoever you appoint it will be necessary to check that they are happy to take on this role. There can be tax advantages for those creating a trust, including the potential for reduction in exposure to inheritance tax on death. It is important, however, for anyone creating a trust to take professional advice. RozWyeth Legal Executive Wills,Trusts and Probate 023 9236 4322 rozwyeth@coffinmew.co.uk For more information It’s all about trust Using trusts to pass money to your children Trusts are not just the preserve of the super rich; they are a useful way to pass money or assets on to your children or grandchildren. Roz Wyeth explains how. All businesses aim to grow and expand, but financing the step up from a small to a medium or large business can be difficult. Nick Gross explains the five most common routes. Friends and family Many small businesses will often start with money from friends and family – it is a well-trodden route that works well when relatively modest amounts of cash are needed and a business remains small. Financing growth, however, often demands greater investment than most individuals or families can stomach. Investment from friends and family can lead to tensions that could easily tear a business apart. Consideration needs to be given to individuals wishing to take their investment out of the business, and how much influence investors can have over the day to day running of the business. A legal agreement which addresses these issues head on before the business attains any significant value can often help. Self-funding Funding growth from cash generated by the business sounds the perfect solution, particularly as no debt is taken on. And if the business can afford to do so, it is. For businesses that need significant amounts of money, perhaps to fund new machinery or buildings, this is rarely an option. Self-funded investment is likely to leave a sizeable hole in a business’ finances that will need to be plugged. This can have a knock-on affect on cash flow, particularly if the business is expanding quickly. We have seen all too often rapidly expanding businesses collapse because of cash flow problems. The banks The banks have had bad press in recent years over their reluctance to lend to businesses; and whilst lending levels are increasing, banks are always going to struggle with what they perceive as high risk lending. But that does not mean the banks are unable to help. Banks want to lend on debt, so invoice discounting might be the answer. The company’s overdraft facility is also a valuable form of short term lending that many businesses rely upon. Private equity Private equity investors are prepared to make significant investments, but will want a lot in return. They will want a stake in the business and will set tough targets for the business to meet. They will also have an eye on their exit. On the upside, a private equity investor can bring valuable expertise and can help to increase the value of the business. Private equity is not for every business. Think first about the support the business actually needs and the skills it lacks, and ask whether a private equity investor can meet those needs. It would be wise to consider all other options before embarking on the private equity route. Crowd funding Crowd funding is the exciting new kid on the block, allowing investors to club together through an online platform to make investments. Individual investors tend to put up relatively small amounts of money, but the overall investments made into a business can be quite significant. There are a number of crowd funding models; among the most popular are a loan model under which investors receive interest, but often at a higher rate than the banks’ usual charges, and one where investors take an equity stake in the business in which they invest. Crowd funding is expanding quickly, but is still very much in its infancy. Its risks are perhaps not yet fully understood. Whatever route a business chooses to follow it is always wise to take advice and weigh up the pros and cons before making a decision. FUNDING GROWTH ENTREPRENEURIAL NATION Nick Gross Partner Corporate 023 9236 4314 nickgross@coffinmew.co.uk For more information 1514
  • 9. Data protection compliance is all too often seen as just a box-ticking exercise. But the risks to businesses in terms of reputational damage and tough financial penalties are very real. So what do businesses really need to know? Amy Kerr explains. Personal data The most common data held by an organisation is personal information – for example, names, email addresses, telephone numbers, dates of birth etc. Personal data may also extend to medical records, bank account details and notes written about an individual, for example following an employee’s annual review. An organisation can only collect personal data if it has a legitimate reason for doing so, and should only collect the information it requires at that time. When collecting personal data, you must tell that individual what you intend to do with it. For example, if a business collects a customer’s email address to confirm an order, it must say so. If a business wishes to use someone’s personal data for marketing purposes, that individual must be told. It is good practice to do this when collecting that data. In some instances, email or text message marketing for example, a business is generally required to obtain the individual’s explicit consent. Businesses that hold personal data must appoint a data controller and register that individual with the Information Commissioner’s Office. Using data There is little point in an organisation collecting data if it has no intention of using it. It is here, however, that businesses all too often and inadvertently break the rules. The main point to remember is that data should only be used for the reason it was collected. For example, calls between staff and customers recorded for ‘training purposes’ should not then be used to discipline a member of staff. If a business wants a third party to manage data, such as an external payroll bureau or a marketing agency, it is important to remember that you will remain responsible for that data. It is advisable to have a formal contract that covers the use of that data with any third parties. Caution is also needed with regards to transferring data outside of the EU. This does not mean the wholesale movement of databases from one country to another, but the simple act of emailing contacts on a database that might be in another country. Different data protection regulations apply in different countries and you would not inadvertently wish to break any rules. Most businesses will use data collected to drive marketing and sales activity. Businesses must check that the recipient is aware that their data may be used in this way and that they do not object. The rule of thumb is that a business will need an individual’s express consent, an opt-in, for email and text message marketing. This is not generally required for existing Cyber security is of increasing concern to both businesses and their customers. There doesn’t seem to be a month that goes by without one company or organisation falling foul of the laws or victim to a cyber attack, with personal data leaked to the media or worse. Data protection – what do you need to know? customers, where an opt-out option is available. Cyber security Cyber attacks are on the rise, and are considered by many experts to be the main threat facing businesses and organisations around the world. Attacks can come from anywhere and at any time, from lone individuals, disaffected campaign groups or deliberate acts of cyber terrorism. Businesses must identify and understand the risks faced, and the assets that may be targeted. These might include: • Customer databases; • Financial information; • IT services, such as the ability to make online payments; • Intellectual property; and • Sensitive personal information. The impact of a cyber attack to a business can be severe, including financial loss, reputational damage and regulatory sanctions. Businesses are required under the Data Protection Act legislation to ensure that data is kept secure. The legislation does not explain how businesses should comply with that requirement, but will expect to see robust IT security, evidence of educating employees as to the risks and some degree of business continuity planning. Individuals who believe their data is being misused, either inadvertently or via a cyber attack can complain to the Information Commissioner’s Office, which can, depending on the seriousness of the breach, issue fines of up to £500,000. Widespread reform of data protection legislation is being proposed by the EU that could see fines increase up to ¤100 million. Now is the time for businesses to put their houses in order. Do you have a documented internet, IT and data protection strategy? Do you have an up to date social media policy for employees? Do you have policies that cover employees handling sensitive customer or client information? What is your IT security strategy and is it up to date? Is there adequate training for front line staff so they recognise the latest threats? Have you appointed a data controller and registered with the Information Commissioner’s Office? The Coffin Mew cyber risk checklist Amy Kerr Associate Solicitor Commercial 023 8048 3771 amykerr@coffinmew.co.uk For more information 1716
  • 10. KarenWebb Partner - Head of Residential Property and New Homes 023 8057 4322 karenwebb@coffinmew.co.uk For more information The ladder to new homes There is no doubt that we face a housing crisis. In 2014, according to the Department for Communities and Local Government, just 118,760 new homes were completed against the generally accepted need of 250,000 new homes each year. The number of new home starts is at its highest since 2007, but still 30 per cent lower than the number of homes being built before the global economic crash. And nowhere is the need for new homes greater than in London and the South East. If we are to provide homes for our children and grandchildren reform and help is going to be needed in equal measures. Karen Webb outlines five key areas that need addressing. The Coalition Government has introduced welcome reform to our complex planning regime, yet further and deeper reforms are needed. The introduction of the National Planning Policy Framework (NPPF) and its presumption in favour of sustainable development has made it faster for housebuilders to achieve outline planning permission. However, it can still take many months to turn outline permissions into full planning permission that allows a developer to start building. This is where further reform in needed. Measures to make it easier and faster to build on brownfield land would also be welcome. A 2014 research report by the Campaign to Protect Rural England, From Wasted Space to Living Spaces, identified enough brownfield sites in England to provide 976,000 new homes. These sites are often difficult and expensive to develop and the government should provide assistance to housebuilders to bring forward viable schemes on brownfield land. The average price of a home in the UK is £231,487, rising to £326,163 in the South East. With lenders typically requiring a 25 per cent deposit, the affordability of home-ownership is a real challenge, particularly for first time buyers. The Government’s Help to Buy scheme, introduced in 2013, allows home buyers to get onto the housing ladder with just a five per cent deposit and has been a real success, helping some 70,000 people so far. Research published at the beginning of this year by the Mortgage Advice Bureau shows first time buyers are able to get onto the housing ladder some six years earlier compared with those having to save for a deposit. A long-term commitment to Help to Buy will not only help those wanting to get on to the housing ladder, but will encourage housebuilders who can take comfort that their products will have buyers. Small housebuilders are a dying breed, struggling with costs and regulatory burdens. Similarly, small development sites have been difficult to bring forward, hampered by the requirement to provide affordable homes, even in some cases where a developer is proposing just one or two dwellings. In December 2014, the Government introduced a new threshold for the requirement to provide affordable housing of 10 homes or more, or schemes with a maximum floorspace of 1,000 square metres. This is welcomed, and will help smaller developers and greatly increase the viability of small sites. Social housing providers, however and perhaps predictably, have not welcomed these measures, and the Labour Party has said that it would abolish the concession. The concession is a genuine incentive and one that will provide new homes with little detrimental effect to affordable housing numbers. It should be retained for at least the lifetime of the next government. It is estimated that there are some 600,000 homes lying empty, and whilst the Government introduced powers enabling local authorities to bring them back into use, the ‘Empty Dwelling Management Orders’ or EDMOs, have been little used. In 2014 local authorities used these powers on just 17 occasions, and 15 of these were in the North East. It is a sign that these powers do not work. Our next Government should re-examine measures to encourage landlords and property owners to release or use these empty homes. In 2012 the Government announced measures to release redundant public sector land, claiming capacity for up to 100,000 new homes. There is little evidence this has happened. This commitment needs to be revisited and a scheduled programme of release introduced. The National Federation of Builders has said that the housebuilding industry needs 40,000 new workers every year for the next four years to meet the rising demand. The shortage of skills is so acute that wages, particularly for bricklayers, have increased by up to 50 per cent, and schemes are being held back. This is only going to be addressed by a concerted effort by government, schools and industry to encourage, promote and provide attractive apprenticeships in increasing numbers. There is no quick or simple fix to our housing shortage. It is only through a concerted, coordinated and sustained effort that we will provide the homes our children and their children will require. AFFORDABILITY AFFORDABLE HOME REQUIREMENTS EMPTY HOMES AND PUBLIC LAND SKILLS SHORTAGE PLANNING REFORM 1918
  • 11. Coffin Mew’s Clinical Negligence specialists Meet the experts Douglas Miller Partner - Clinical Negligence 023 9236 6012 douglasmiller@coffinmew.co.uk Sue Bowler Partner - Head of Services forVulnerable and Disabled People 023 9236 4307 suebowler@coffinmew.co.uk For more information Coffin Mew has a diverse range of expert lawyers acting for businesses and individuals. One of the jewels in the firm’s crown is its dedicated team of clinical negligence lawyers, led by Sue Bowler and Douglas Miller. We hope that you never need to call upon their expertise, but if disaster strikes they are there to pick up the pieces to ensure that your personal care needs are covered, whilst trying to discover what happened. Sue Bowler and Douglas Miller’s team of clinical negligence and personal injury lawyers is recognised as one the leading teams in the country for advising people that have suffered serious and life-limiting injuries. Its reputation in acting for children and adults that have suffered brain injuries is unrivalled. It is a complex area of law that combines the emotional and physical trauma the individual and his or her family are facing, determining the long-term care needs that individual might require, and the lengthy forensic analysis needed to discover what actually happened. It is not unusual for a case to involve many millions in compensation. Clinical negligence cases, such as brain damage caused at birth or incorrectly diagnosed illness, are not, however, usually about the money, as Sue explains. “Our work essentially gives piece of mind. Did something go wrong, and if so what?” “Parents or family members want to discover what happened, where the mistakes were made, and ultimately who is responsible. Compensation paid is to cover the often complex and expensive long-term care needs an individual will need. All of my clients would swap that compensation in return for their health or that of their children in an instant.” Douglas agrees: “Our work essentially gives piece of mind. Did something go wrong, and if so what? In successful cases we can provide financial security for the effected individual. That compensation may cover things like lost future earnings, but is also used for things like converting a home to make it wheelchair friendly, rehabilitation therapies, and 24-hour nursing care.” With settlements often between £5 million and £10 million, it is understandable that there is a high benchmark to meet to bring a successful claim. It is necessary to prove that the medical practitioner failed to demonstrate a reasonable level of care or treatment in the relevant medical field, and that no responsible practitioner would have acted in the way that happened. The number of claims is on the increase. The NHS has this year allocated over £16bn to fighting and settling claims. “We will work alongside our clients for long periods of time, sometimes their entire lives” Sue says, “If more was done to improve patient safety then the NHS spend on claims would be reduced. It is not for any of us to judge the parents of a child born with severe cerebral palsy if they wish to investigate a claim. None of us can imagine what it would be like to have to care for a seriously disabled child 24/7 for their whole life, maybe never sleeping through the night and rendering the parents unable to work.” “Everyone is aware that the NHS is under financial pressure, and it is fighting every claim,” says Douglas. “This makes cases much longer and an already expensive process even more so. The NHS is also not particularly transparent, making it difficult to ascertain what happened, when and who was involved.” It is accepted that some cases will take many years to settle. Take, for example, a child with a brain injury received at birth. The full extent of his or her injuries and future care needs often cannot be fully accessed until seven or eight years of age, or longer in some particularly complex cases. Injuries received by adults will generally be concluded more quickly “It can be frustrating,” says Douglas. “In many cases a far better outcome could often be achieved for a patient if a case was settled quicker. Early admission of fault by the NHS where a mistake has been made would be far better for everyone involved.” One aspect of the team’s work that sets it above its peer group is its experience and work with the Court of Protection, the body that takes decisions over an individual’s financial affairs if they lack the capacity to do so themselves. “This often means that we will work alongside our clients for very long periods of time,” says Sue, “and sometimes for their entire lives. Ours is not a nine to five job.” It is a job that extends well beyond their Portsmouth offices and the courtroom. Sue is Chair of the Board of Trustees for Headway Portsmouth and South East Hampshire, the regional office of the national brain injury charity, and Douglas is a Trustee of the Road Rose Association in Southampton. Each year the firm raises significant amounts of money for brain injury charities and supports the work they do, including the popular Rose Road Triathlon. It is the understanding and the empathy that Sue, Douglas and the team bring to each case that their clients’ appreciate and comment upon. As one of the team’s clients said, following mistakes made by medical professionals at the birth of their child resulting in severe life-long disabilities, “No one could have done better. Superb service and the clear way everything has been explained has made what could have been a difficult time very easy.” Coffin Mew’s clinical negligence team will, thankfully, not be needed by the large majority of people, but for those that do suffer serious and life changing injury it really is the fourth emergency service. For more information on the work of Sue, Douglas and the team visit their dedicated web pages at www.coffinmew.co.uk Sue Bowler Douglas Miller 2120
  • 12. So how would you feel if after saying “I do”, with the Champagne corks flying, your fiancée pulled out a prenuptial agreement and asked you to sign on the dotted line? Sally Pike, Head of the Family team at Coffin Mew, says many people think the idea of a prenuptial agreement is unromantic and is planning to fail. There is a sense that it is not the ‘done thing’ and reduces marriage to nothing more than a contractual arrangement. It is hard to see anything romantic about setting out in chapter and verse what should happen to your assets and income if you separate. Sally is, however, seeing a significant increase in the number of couples wanting to enter into a prenuptial agreement because they see it as a sensible and pragmatic way of planning for the financial future in the unfortunate event that the marriage does not last. “It provides the couple with some certainty about how they may sort out their financial affairs if the relationship breaks down,” says Sally, “which is an all too common reality for many couples.” Sally adds: “Divorce is a fact of life, and with one in three marriages failing it is no wonder that some people want to try and minimise the emotional and financial fall out of a divorce. “Unravelling your joint finances can be very expensive and there is no certainty that a settlement will give either couple what they really want in terms of their financial future. With a prenuptial agreement couples can decide together what should happen about the house, where they should both live, assets and what financial support should be provided in the event they go their separate ways.” A lot of couples marrying for the second time want a pre-nup, as do couples who have individually built up assets before getting engaged and are worried that they might lose them in a divorce. Ask any couple about how their husband or wife proposed to them and you can be sure the details will be etched in the memory many years later. Whether on a sun-drenched beach, over a romantic dinner-a-deux or overlooking the Manhattan skyline, it will always be a special and personal moment. Sally Pike Partner Head of Family Law 023 8057 4319 / 023 9236 4955 sallypike@coffinmew.co.uk For more information “One of the biggest concerns from clients is protecting inherited assets they have received from family,” says Sally. The recent publicity surrounding big money divorces where wives have received record pay-outs for often very short marriages has thrown the light back on pre-nups. Would Paul and Heather McCartney’s divorce, for example, have hit the headlines if they had entered into a pre-nup? Sally offers this advice for couples considering a prenuptial agreement: • They are not automatically legally binding in the English courts and are just one factor that the court will consider when dividing the parties finances. However recent case law means that they will carry significant weight with the court provided the agreement has been entered into properly. There is now impetus to change the law further to make prenuptials legally binding. • If you go on to have children the court are likely to take into account the financial needs of the children first. The pre-nup is likely to carry less weight with the court unless the children’s needs have been met. • You must both take independent legal advice and exchange full details of your finances before entering into a pre-nup. • Do not leave it until the last minute before the wedding to get an agreement drawn up. It’s important that the pre-nup is signed well in advance of the wedding – at least three weeks before is considered best. Whether prenuptials are considered unromantic or just prudent financial planning, one thing that is sure is more and more couples want to have control of their own financial affairs in the event of a separation rather than leaving it to the court to impose a financial settlement on them. After all not everyone can live happily ever after. The Coffin Mew family law team is consistently rated in the independent legal directories Chambers UK and Legal 500 as a top family team in Hampshire with a reputation for achieving solutions to family issues that are constructive, pragmatic and cost effective. “I do”...but sign on the dotted line 2322
  • 13. The purpose of Shared Parental Leave (SPL) is to enable eligible parents to choose how to share the care of their child during the first year of birth or adoption. The new rules mean that parents can take time off at the same time to look after a new born or at different periods in order to share child care. It is hoped that SPL will help to create a family-friendly culture in the workplace. How will it work? Mothers have the right to take 52 weeks’ maternity leave, of which the first two weeks are compulsory. If the mother would like to share some of that leave with the father then she can opt out of maternity leave, and opt in to SPL, enabling whatever time and pay is left under maternity leave to be shared amongst the two parents. SPL can be taken consecutively or concurrently between parents, provided they do not take more than the total SPL available to them, and that it is taken before the child’s first birthday. For example, a mother takes 20 weeks maternity leave, leaving 32 weeks to take. These 32 weeks can be shared between the mother and her partner as they wish, perhaps with the partner taking 20 weeks followed by the mother taking the final 12 weeks, or by both parents taking 16 weeks concurrently. Amy Richardson Associate Solicitor Employment 0333 000 0122 amyrichardson@coffinmew.co.uk For more information The maternity and paternity regimes have changed again. Parents of babies who were due on or after 5 April 2015 are now entitled to take‘Shared Parental Leave’. Amy Richardson explains these new family friendly rules. Shared parental leave – new rights for parents SPL may be taken as one continuous period or in blocks. If it is taken as one continuous period, the employer must agree to it. If SPL is taken in blocks then it must be taken in multiples of complete weeks. The periods of SPL must be agreed between the employee and employer in advance. How much are they paid? If the mother is entitled to Statutory Maternity Pay, then this can be transferred into the SPL system. Statutory maternity pay is paid at 90% of average earnings for the first six weeks and then a flat rate for the remaining 33 weeks. If the mother opts out of maternity leave before her 39 weeks of pay have been exhausted then the remaining pay can be transferred to the father under SPL. Who does it apply to? To qualify for SPL, employees must share care of the child with either: • Their husband, wife, civil partner or joint adopter; • The child’s other parent or other adoptive parent; or • Their partner (if they live with the employee and the child in an enduring family relationship). Other conditions include: • The mother or primary adopter must have been with their current employer for 39 weeks before the expected week of child birth and still be in employment. • The other parent must satisfy the ‘employment and earnings test’, broadly, have worked on an employed or self-employed basis in 26 of the last 66 weeks earning at least £30 per week on average for 13 of those weeks. In some cases only one parent in a couple is eligible to get SPL and Statutory Shared Parental Pay. This means that they can’t share the leave between them, but the eligible parent can still use SPL to book their leave separately. How does an employer check an employee’s claim to SPL? When a mother opts out of maternity leave and into SPL, she and her partner must sign a document confirming their eligibility, the amount of leave (and pay) remaining, and how it is to be split between them. Legally binding declarations are given to the employers of both parents to ensure that the correct amount of leave and pay is being taken. If employers are suspicious about an employee’s entitlement then they can check eligibility with HMRC and can ask their employee to provide a copy of the child’s birth certificate/documents issued by the adoption agency. It is uncertain how many couples will take up the new SPL option, given that the pay rate is low, and not many fathers took advantage of the previous additional paternity regime. However, employers must be aware that, unlike the flexible working arrangements request, they cannot refuse a request for a continuous period of SPL. Employers who offer enhanced maternity schemes should consider whether to offer the same benefits under SPL and the potential consequences if they do not (for example, would it be unlawful discrimination?). Whilst the greater flexibility is good for working families, it may cause uncertainty for employers as to which employees will be in the office following a birth or adoption. It is therefore best for employers to have an early conversation with expecting parents to discuss likely periods of absence before the formal notice process starts. Employers could, however, benefit from the new system because periods of leave can be taken in blocks and this allows parents to return to the office for an important project or deadline and then go back on leave. Employers and HR teams should start to consider the administrative changes that need to be made in order to manage a SPL system to ensure communication and forward planning is as effective as possible. “Employers cannot refuse a request for a continuous period of shared parental leave.” 2524
  • 14. Why did you choose a career in law? Elizabeth: “I wanted a vocation which is challenging and rewarding. The legal sector is diverse and you can choose an area of practice that you enjoy the most.” Jennifer: “I’ve always enjoyed sorting out people’s grievances and listening to both sides of the story. Being a lawyer allows me to help people achieve a certain outcome.” Hannah: “The law is an exciting and innovative area to work in and each day presents new challenges, with the law constantly developing. I also enjoy the client contact the job offers.” What area of law would you ultimately like to focus on and why? Elizabeth: “I still enjoy the variety of the work that I am involved in and am keen to get as much experience this year before deciding.” Jennifer: “Similarly to Elizabeth, I am still undecided.” Hannah: “From my experience so far, I would like to focus on Court of Protection work; providing advice on personal injury trusts, helping with the management of affairs under Power of Attorney, or assisting with the specially adapted houses/building projects for our clients who have received settlements arising from a personal injury or clinical negligence claims.” Why did you choose Coffin Mew? Elizabeth: “Coffin Mew is one of the larger regional firms on the south coast with a great reputation amongst students for its training programme. I attended the open day and liked the feel of the firm.” Jennifer: “As soon as I walked into the Lakeside office, it felt like a completely different environment to other firms I had previously visited or worked in. I like the friendly atmosphere of Coffin Mew, and the people in the firm undoubtedly contribute to that.” Hannah: “The firm offers exciting possibilities for its trainees and a good work/life balance.” What is work life like at the firm? Elizabeth: “As a trainee, my work life is busy and varied taking on new tasks and learning new skills. There are also some great firm events and networking opportunities to get involved with.” Jennifer: “Excellent. There is a great team spirit and social side to the firm.” Hannah: “It is both professional and friendly. The firm offers a wide range of opportunities for its employees to help them develop and achieve the best they can.” What are the highlights of your career so far? Elizabeth: “I spent my first six months in the Employment team and really enjoyed attending Employment Tribunal hearings.” Jennifer: “Without question, dealing with a client who had been on a popular BBC TV programme.” Hannah: “To be given the opportunity to complete a second seat in the Court of Protection team as part of bespoke, tailored training contract.” And if you had chosen a different career? Elizabeth: “A social worker or, if I was taller, a professional basketball player.” Jennifer: “Still love the law, so a lecturer in law.” Hannah: “I have always been interested in chemistry. If I had not chosen a career in law, I think I would have become a pharmacist.” It’s not all about work. What do you do outside of the office? Elizabeth: “I enjoy playing both basketball and netball and I have also signed up take part in the Great South Run later on in the year.” Jennifer: “I spend a large amount of my spare time singing – I perform regularly with the classical ensemble La Nova Singers. I am also the backing singer to Coffin Mew’s band ‘Clover’, practicing regularly for the Law Rocks competitions – we managed to win two competitions last year. I also enjoy cycling and running, and will be taking part in the Bournemouth marathon in 2015.” Hannah: “I am a keen skier and try to get out on the slopes at least once a year. I also enjoy running and generally keeping fit. I am from the local area and spend the rest of my spare time with family and friends.” For some school and college leavers, ambition can’t wait. We realise that some young people want to get their career started as soon as possible and our award winning apprentice programme enables those individuals to do just that. Coffin Mew’s apprentice programme is an alternative to university, and can lead to the same professional qualification you would get as a graduate without any fees or debt. Our apprentices are highly motivated, capable and ambitious, and as a result of our in-house and external learning and development programme they are able to become a valuable member of our team very quickly. Coffin Mew recruited a number of apprentices during the last year and as highlighted in our Insight section, Emily Bell was awarded‘Apprentice of the Year’at The News Business Excellence Awards 2015. We are currently recruiting for apprentices to join us throughout the year. So if you know someone who is looking for a long term career to work towards a legal qualification (NVQ Level 3 Advanced Apprenticeship in Legal Services, which will be taught by CILEx) or wants to join our busy operations team (Finance, HR, Marketing or IT) and work towards a nationally recognised qualification, please contact Jody Nash on jodynash@coffinmew.co.uk. Every year Coffin Mew takes on a number of trainee solicitors, investing in the next generation of legal eagles. Usually after spending two years working with different teams across the firm they qualify as a solicitor and focus their career on one particular aspect of law. Increasingly in some specialisms there is a need from clients and the courts for trainees to specialise earlier in their careers, so at Coffin Mew we have created bespoke training contracts. Comment magazine caught up with three of this year’s trainees – Elizabeth Parrish, Jennifer Evans and Hannah Rowlatt (pictured). Investing in the future APPRENTICE PROGRAMME A full time job with a competitive salary, independence and responsibility – without going to university first. Coffin Mew To find out more about joining Coffin Mew’s trainee programme visit www.coffinmew.co.uk 2726
  • 15. Working for you www.coffinmew.co.uk Coffin Mew LLP is a limited liability partnership in England and Wales (registered number OC 323868) which is authorised and regulated by the Solicitors Regulation Authority (registered number 463138). Lexcel Accredited. Disclaimer: This information has been prepared by Coffin Mew LLP as general guidance only and does not constitute legal advice on any specific matter and should not be relied upon as such. No liability can be accepted by Coffin Mew LLP for action taken or not taken as a result of this information. @coffin_mew Southampton Cumberland House 15-17 Cumberland Place Southampton SO15 2BG 023 8033 4661 Portsmouth 1000 Lakeside North Harbour Portsmouth PO6 3EN 023 9238 8021 Brighton 3rd Floor Queensberry House 106 Queens Road Brighton BN1 3XF 0333 000 0122 Gosport 60 Stoke Road Gosport PO12 1PA 023 9252 3111 London 338 Euston Road London NW1 3BT 0207 544 8602