High profile cases, such as New of the World and Andy Coulson, can give the impression that fancy legal agreements are reserved for the high and mighty. But you don’t have to be a public figure to want to keep your private employment details off the net.

As economic difficulties lead to more and more business restructuring, we are preparing or approving an increasing number of Compromise Agreements for employers and employees hoping to part company on terms that will satisfy both parties and avoid the expense and uncertainty of Employment Tribunals and the Courts. The agreement can include a condition that its terms shall remain confidential.

It goes without saying that the agreement requires careful drafting. Negotiation between the parties might be required. But with the right advice, it need not be a painful process. And a disgruntled employee (or employer) will think twice before venting their anger on Facebook if this will put at risk an agreed financial settlement.

I am happy to receive enquiries from employers and employees who need help to work through problems or to end their working relationship.

Paul N. Johnson

Solicitor

pauljohnson@qualitysolicitors.com

QualitySolicitors Thomson & Bancks started the New Year by welcoming a newly qualified solicitor to its Cheltenham office. After two years of training with the firm, Hristina Dyke, was successfully admitted as a solicitor on 3^rd January 2012. Following her admission in the role, Hristina joined the Business Law and Commercial and Residential Conveyancing Departments at the firm’s Cheltenham branch.

Hristina’s principal area of interest is Company/Commercial Law. She provides legal and practical advice in a wide range of transactions including asset sales/purchases of businesses, share sales/purchases, freehold and leasehold sales/purchases of commercial and residential properties, transfers of equity and also deals with Land Registry and Companies House applications.

David Greer, the head of the firm’s Business Law Department, stated: “Hristina has acted for a number of clients in matters relating to business and share sales/purchases. Without exception they have expressed how well Hristina has dealt with the transactions, her precision, level and speed of service and attention to detail. She has received similar praise from the parties on the other side of the deals and their professional representatives. We feel very fortunate to have secured Hristina's services and she has become a valued member of our Business Department team”. 

Prior to joining the firm in November 2009 as a trainee solicitor, Hristina obtained a First Class Law Degree at the University of the West of England and in September 2008 obtained a Master Degree in Commercial Law at the University of Bristol. On her route to qualifying, she also successfully completed the Legal Professional Course and the SRA Professional Skills Course.

Outside her legal training, Hristina enjoyed a bilingual secondary education, which increased her desire to learn foreign languages, study foreign cultures and travel around the Globe. At present, she speaks Bulgarian, Russian, German and English. Her language skills and international background have proven to be very useful in terms of facilitating communications and creating connections with international clients.

However, qualifying as a solicitor is only the beginning for this ambitious young lady. The next step in her career path will be to qualify as a Notary Public. Hristina is in the process of applying for an exemption to the Faculty Office and hopefully securing a place at the Notarial Practice Course with the University of Cambridge. The team at QualitySolicitors Thomson and Bancks wishes her luck and success in all her future endeavours. 

Several ladies at QualitySolicitors Thomson & Bancks (Pershore Office) have been on one diet or another and decided in February that, rather than paying £5 each week to be weighed at a fitness centre, they would start up their own Slimming Club. 

We have been having weekly “weigh-ins” in the office and a log has been kept with the results.  Those who took part would bring along a piece of fruit or other healthy item and the person who lost the most weight that week would take away the treats (healthy treats!).  On the other hand, if anyone lapsed and gained weight, 50p or £1.00 was paid as a forfeit. 

It has been a way of saving some money and a bit of fun too, and everyone who participated has done really well.

Without naming names, a collective total of 3 stone 12lbs has been lost since February 2011. And despite the positive weight loss, we have somehow managed to build up £60.65 in forfeits which we are pleased to donate to a very worthy cause, “Help for Heroes”. 

We shall be keeping up the good work and carrying on with our weekly weigh-ins for 2012, although having a well earned break to enjoy the Christmas festive treats.

Chrys L. Wall

It has now been accepted that the previously titled ADR (Alternative Dispute Resolution) is no longer “alternative” and has entered the main stream, renamed as simply Dispute Resolution.

Supreme Court Justice Lord Wilson has expressed “unalloyed support” for collaborative law and other non-court methods of achieving resolution of family disputes. He said such methods often serve the interests of the parties better than court.

I certainly agree with these sentiments.

John Sherahilo

Solicitor

Family Mediator

Collaborative Family Lawyer

(workable solutions by attacking the problem and not each other)

johnsherahilo@qualitysolicitors.com

Jones v Kernott 

The Judgment in the above case was released yesterday (09.11.2011) and restored the original Order made by the County Court which awarded Mrs Jones 90% share of the property and 10% to Mr Kernott.  The long-awaited decision in this case makes it clear that, even though the home was registered in the names of both the man and the woman, Judges are permitted to substitute a fairer division such that the split may not necessarily be a 50:50 division.  The Supreme Court had been asked whether the property should be shared 50:50  or predominantly award more to the woman (who paid all of the mortgage for the past 13 years). 

In this case, a property was purchased in joint names mid 1980s.  The couple split in 1993 after living together in the property for eight years.  Mrs Jones continued to pay the mortgage and  maintain the house and brought up the couple's two children.  Mr Kernott bought another home using a joint insurance policy that the parties cashed in and which was divided equally.  Mr Kernott waited until 2006 when the children were grown before making a claim on the property in question, i.e. claiming 50% entitlement.  The County Court ruled that Mrs Jones should get 90% and Mr Kernott got 10%. That decision was upheld by the High Court in 2009.  In 2010, the Court of Appeal overturned the lower courts' rulings and decided that Mr Kernott was entitled to 50% because the couple owned equal shares when they separated and neither had since done anything to change that situation.

The Supreme Court yesterday overturned the Court of Appeal decision and has reverted back to the original 90:10 split.  The presumption of joint beneficial ownership could be rebutted by “evidence” such that the common intention that there was when the property was purchased has come to an end by other events which have happened. 

Thus, each case will turn on its own facts. 

Is there now a call for legislation to be introduced to reflect the fact that more and more couples are living together as co-owners in an attempt to unscramble what is really a fairly incomprehensible area of the law? 

The Judgment makes it even more important that couples who live together have a clear simple Declaration of Trust explaining how they want to own the property and a Living Together Agreement (i.e. Cohabitation Agreement) that shows what their intentions are.  If they break up or there is a change in circumstances, then if they want certainty, it would be sensible to go back to their Agreement or Declaration of Trust and make sure that it says what they want it to.

Contact QualitySolicitors Thomson & Bancks for more details.

Alternative Dispute Resolution in family work is being plugged more and more by the government and is likely to be a major player in the options available.

'This government is committed to increasing the use of mediation. We want it, and its advantages, to be at the forefront of peoples' minds when they seek outside help to resolve their disputes.' Jonathan Djanogly, Parliamentary Under Secretary of State and Minister for Family Justice, 29th November 2010

It is clear that mediation is to play a much greater role in, and perhaps be the primary vehicle for, the resolution of family disputes. The interim report of the Family Justice Review clearly supports mediation as a major part of the Dispute Resolution Service that it proposes as a first step in the settlement of disputes.

The alternative is to be main stream!

John Sherahilo, QualitySolicitors Thomson & Bancks

Solicitor, Family Mediator and Collaborative Family Lawyer

(workable solutions by attacking the problem and not each other)

Shortly after the Legal Services Act came into force the first announcement of major investment into law firms has been made.  Palamon Capital Partners has invested a “significant” sum into Quality Solicitors.  See the article in the Law Society Gazette for full details.

This should help QualitySolicitors Thomson & Bancks to compete in the changing world for the provision of legal services and benefit all our clients.

QualitySolicitors Thomson & Bancks has secured Membership to the Law Society’s Conveyancing Quality Scheme – the mark of excellence for the home buying process.

QualitySolicitors Thomson & Bancks underwent rigorous assessment by the Law Society in order to secure their CQS status, which marks the firm out as meeting  high standards in the residential conveyancing process.  The CQS has been introduced by the Law Society in order to improve efficiency with common consistent standards and service levels and enables consumers to recognise practices which provide a quality residential conveyancing service.

Jeremy Smith a Partner and Head of Department for Residential Conveyancing says “QualitySolicitors Thomson & Bancks is delighted to have secured CQS status as we feel it is recognition of the high standards we provide to our residential property clients.  The beneficiaries of this Scheme will be the clients who use QualitySolicitors Thomson & Bancks when buying a home as they will receive a reliable efficient service as recognised by the CQS standard”.

The Scheme requires practices to undergo a strict assessment compulsory training self reporting random audits and annual reviews in order to maintain their CQS status.  It is open only to Members of the Law Society who meet the demanding standards set by the Scheme and has the support of the Council of Mortgage Lenders, the  Building Societies Association, the Legal Ombudsman and the Association of the British Insurers.

Congratulations to the Conveyancing Team at QualitySolicitors Thomson & Bancks for passing a stringent assessment and qualifying for the Law Society Conveyancing Quality Scheme. 

The Team headed by Jeremy Smith in the Tewkesbury office, Sylvia Gillham in the Pershore office and represented by Rachael Bale in the Cheltenham office will make sure that your conveyancer meets the high standards set by the Law Society, and that you will get a professional, high quality conveyancing service.

Well done!

So 6^th October 2012 has happened and the whole landscape for the provision of legal services has changed.  It is now possible for Alternative Business Structures to be formed and for non-lawyers to own law firms.  It is thought that over the next few years about one third of law firms will disappear.

It is unlikely that there will be big changes overnight but things will never be the same again.

As lawyers we have to realise that we are seen as aloof, arrogant and unapproachable.  We are clearly not very good at selling ourselves because I don’t know many lawyers like that at all.  I’m sure there are some, but the same could be said of any profession or occupation.  We at QualitySolicitors Thomson & Bancks are doing our best to challenge and change these perceptions with:

·         Free first consultation

·         Direct lawyer contact

·         Same day response

·         No hidden costs

·         Saturday opening

People approach lawyers when they are facing huge life decisions-buying a house, matrimonial problems, how to leave their assets when they die and how dealing with somebody’s affairs once they have died to name a few.  These are all very individual matters and I still believe a specialist is the best person to deal with them.  We must change the way we deliver our services so that people realise we are ordinary folk, just like them (with all the same worries and problems), and we can be approached without breaking the bank.

Give us a go.  I think you will be pleasantly surprised.