News & Events

Beckley boosts Lodders’ strong agricultural offering

ellie.cave — Wed, 30 May 2012 16:01:32 +0000

30 May 2012

A leading agricultural lawyer has joined Lodders Solicitors in Stratford-upon-Avon as a partner.
Robin Beckley was with Cheltenham-based Rickerbys from 1984 until March last year.
His arrival bolsters the already extremely strong agricultural department headed by senior partner David Lodder.
Mr Beckley said he had made the move because he wanted to work at a firm “with a greater focus on agricultural clients”.
Mr Lodder said: “I have known Robin for many years – he is a first class lawyer, very experienced, and I am sure will prove a great asset.
“Agriculture is one of our particular strengths and Robin will add further to our reputation in the sector.”
Mr Beckley’s client base is centred on rural landowners, ranging from large landed estates to individual farmers.
He advises on land management issues including agricultural subsidies and tenancy matters. Specialities include dealing with disposals of land for development and transactions for offshore clients.
Indeed, such are his property credentials that he is regarded as a development land sale specialist.
His wider property interests have included handling site acquisitions and substantial portfolio sales for Whitbread’s estate from 1987 to 2001 and on-going sale and leasing deals for high net worth individuals.
His abilities have been recognised in the legal directories for several years, with Chambers & Partners referring to his “first rate business acumen” and how clients appreciate his “pragmatic and diligent” approach.
Aged 55, he was born in Cheltenham, attended Cheltenham Grammar School before doing a law degree at Oxford University.
He was with London law firms Slaughter and May and Herbert Smith before moving to Rickerbys.
Mr Beckley is a member of the Agricultural Law Association and the Game and Wildlife Conservation Trust
Outside the office he enjoys deer stalking, game and clay pigeon shooting and watching Gloucester Rugby “when he has the time”.

Mediation plea to warring neighbours

ellie.cave — Wed, 30 May 2012 08:45:08 +0000

30 May 2012

Battling neighbours need to sort their differences out sensibly, a Midlands lawyer has warned.
Alex Robinson, of Stratford-upon-Avon based Lodders Solicitors, was commenting on a dispute over a farm track which is estimated to have cost farming brothers John and Colin Oliver, and their neighbours Anne Symons and Jason Burgess a total of £300,000 in legal bills.
Recently settled at the Court of Appeal it prompted Lord Justice Elias to issue a plea for common sense.
“The costs of the litigation are enormous and wholly out of proportion to the practical importance of the issue,” he stated.
It was a case which was “crying out for mediation, even assuming that it could not have been settled more informally than that”.
And he added: “All disputes between neighbours arouse deep passions and entrenched positions are taken as the parties stand upon their rights, seemingly blissfully unaware or unconcerned that they are committing themselves to unremitting litigation which will leave them bruised by the experience and very much poorer, win or lose.”
Mrs Robinson said: “It is wise advice – all too often disputes between neighbours can spiral out of control when emotions are running high.”
The farm track row centred on a right of way for agricultural machinery and the erection of gates by Ms Symons.
It was argued that the track was not wide enough for the large agricultural vehicles used by the Olivers to pass along without use of the verges either side and that the erection of the gates prevented them from using the track as it had the effect of narrowing it to the width of the hard surface on certain parts. The Olivers also needed "swing space" to allow tractors and trailers to swing over adjoining land when turning corners on the track.
The Court of Appeal affirmed the High Court's decision that the parties' intentions were set out in the deed which granted the right of way and, having looked at the surrounding circumstances at the time of the grant, that there was no evidence to support the Olivers' claim that the right extended over the verges to the track. The Court followed the previous cases of VT Engineering v Barland (1968) and Minor v Groves (2000) to confirm that there was no implied right to reasonable lateral swing space as it would mean that the landowner could not use corridors of land extending well beyond the boundaries of the track and that an owner has the right to build right up to their boundary.
The Oliver brothers were refused permission to appeal further to the Supreme Court.
“As in this County Durham example cases risk ending up horrendously expensive and disrupting,” said Mrs Robinson.
“In such circumstances better to stand back, calm down, take a deep breath, and consider whether a way might be found to resolve the issues.
“Mediation, in all sorts of legal areas, has proved highly effective in recent years. Generally, there is more willingness to sort things out by this method. It is an area we at Lodders are experienced in and can guide people on how best to proceed.”

Squatters to be shown the door

ellie.cave — Mon, 28 May 2012 09:15:03 +0000

28 May 2012

A crackdown on squatters has been hailed as a major step forward.
Penny Samworth, a partner in the Cirencester office of Lodders Solicitors, believes new powers which will turn squatting into a criminal offence will redress the balance of recent years.
“There are all sorts of reasons why a residential property may be empty for a period,” she noted.
“There may have been a death in the family, the occupants may be temporarily working abroad, they may even have gone on a long holiday, but all too often such properties are targeted by squatters, some of them in organised gangs.
However, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 recently received Royal Assent. Currently a civil matter, squatting in a residential building will be made a criminal offence from September 1.
Squatters will now face up to a £5,000 fine and a six month prison sentence if they take up residence in another person's property.
It will take effect where a person is in a residential building as a trespasser, having entered it as a trespasser, knows or ought to know that he or she is a trespasser; and is living in the building or intends to live there for a period.
Miss Samworth said: “Hopefully, it will act as a deterrent but landlords, where they can, still need to avoid long void periods and ensure they invest in security measures.”
She urged home owners to take legal advice where necessary.
The new regime will not apply to anyone “holding over” after the end of a lease.
And business will continue to find squatting an issue as the changes do not apply to commercial properties.

HMRC challenging IHT returns

ellie.cave — Mon, 28 May 2012 09:09:27 +0000

28 May 2012

HM Revenue & Customs (HMRC) is increasingly challenging inheritance tax (IHT) returns following the death of a loved one, an expert has warned.
Louise Igoe, a partner in the private client department at Lodders Solicitors in Stratford-upon-Avon, urged people to take advice if they wanted to avoid landing their relatives with complications.
She said: “When somebody dies, it is necessary to complete an IHT return.
“If IHT is at stake, HMRC may make inquiries to ensure that the correct amount has been paid.
“We are encountering more and more such responses from HMRC especially where relief such as Agricultural Property Relief (APR) is being claimed to reduce the IHT liability, or where certain exemptions apply.”
Highlighting several areas where issues could arise, Mrs Igoe said: “For a number of years, HMRC has been looking carefully at cases involving agricultural property.
“Where the deceased was elderly, it is often essential to show that they continued to be involved in the farming activities and HMRC will want to see evidence of this, such as minutes from farm meetings.
“A common mistake is to state on the death certificate that the deceased was a ‘retired farmer’. This is exactly what you do not want to happen.”
She added: “Another common enquiry made by HMRC is into lifetime gifts, especially where a claim is being made that the gifts were exempt from IHT because they were made out of the deceased’s surplus income.
“It is not often enough to simply state that the deceased had surplus income. HMRC will expect to see evidence of the deceased’s income and expenditure and also the deceased’s intention to give away their surplus.
“It can be very time consuming having to go back through up to seven years of bank statements to establish this information.
“We know the pitfalls and if advice is taken early on, we can advise you how best to prepare which will save time and money in the long run.”

Lodders goes into battle for homebuyers

ellie.cave — Wed, 16 May 2012 08:12:50 +0000

16 May 2012

Law firms are increasingly becoming consumer champions as well as maintaining their traditional roles, according to experts at Stratford-upon-Avon solicitors Lodders.

The legal sector has got behind high profile media campaigns to improve services for the elderly and achieve a fair financial deal over who pays what for care between the individual and the State, something Lodders has been to the fore in. Now the profession has taken up the cause of those looking to buy their own home as lenders increasingly seek to restrict who can act for them, reducing choice.

The issue was recently highlighted over the stance of HSBC – criticised by the Law Society and consumers over its decision to create a tiny lending panel of approximately 43 conveyancers across the UK which are able to act for them.

Stratford-upon-Avon MP Nadhim Zahawi has promised to take the matter up with Ministers and HSBC direct.

The problem is this – a buyer and their lender both need to be represented by conveyancers when a property is purchased. In most cases the same firm would act for both buyer and lender, saving extra expense and delays.
With HSBC's new panel, because there are so few firms in the UK who can act for them as the lender, the buyer has to choose between incurring extra costs (and possible delays) if they want to use their own solicitor or using those nomimated by HSBC who might be miles away – this means that the buyer’s right to choose their own, usually local, solicitor is taken away from them.
Frances Lees, a partner in the real estate department at Lodders, said: “This championing of the consumer is something lawyers have always done in a low profile way, but now it is becoming far more centre stage.

“At a time when the legal services market is opening up to give consumers more choice, it is completely wrong that there should be less choice in the conveyancing sector because of this move by the big mortgage lenders to cut costs.

“Buying a house is probably most people’s biggest lifetime purchase. It matters enormously that it is done properly, they can speak to someone they trust and they get the right advice. It is a daunting exercise for many consumers and landed with an HSBC panel conveyancer they know nothing of and have never met may not be in their best interest.”

Ms Lees said most lenders, including Santander, Lloyds, Nationwide and Clydesdale Bank and Yorkshire Bank, had stated that members of their panel must be members of, or in the process of applying to be members of, the Law Society’s Conveyancing Quality Scheme (CQS).

She said: “That makes more sense because it offers a guarantee of quality which the house buyer can rely on and membership is spread more evenly across the UK .

“Lodders is one of over 1,400 firms which The Law Society has accredited to date since the CQS scheme was introduced in January last year and is one of only two such firms in Stratford-upon-Avon.

“This is much more than just solicitors battling it out with supermarkets and financial services companies for conveyancing work. Standards of conveyancing matter because otherwise there is a real danger of the consumer being exposed to significant and costly problems into the future.”

She added: “Lenders are taking action due to concerns regarding mortgage fraud and Financial Services Authority requirements. But if baby is thrown out with the bathwater then there is the potential for lenders to land themselves with far greater headaches.

“Cost is often a big issue especially for people trying to buy on a budget. If legal costs start being ratcheted up it could even put transactions in jeopardy.”

David set to build on his property law skills

ellie.cave — Tue, 15 May 2012 08:12:56 +0000

15 May 2012

Newly qualified Lodders lawyer David Nicholls is optimistic for an upturn in the commercial property sector.

That is the area of law in which he has recently qualified at the Stratford-upon-Avon firm.

He said: “The commercial property sector has been somewhat depressed for several years, but if we are really beginning to see the green shoots of recovery we at Lodders aim to be a part of the pick up when it comes.

Commercial property law was the area of advice that he decided to specialise in as he experienced working in Lodders’ different departments during his training contract.

He is now working with real estate partner Steven Baker.

David, aged 28, is particularly pleased to continue his career at Lodders because of the firm’s size – midway between small High Street entities and top national and international practices.

“You know everyone in the office and you deal with clients on a one-to-one basis, so you really have the opportunity to build relationships with your clients. You also have the benefit of the expertise of the partners, who are always willing to assist. Of course, it helps that Lodders has such a strong regional reputation,” he said.

Originally from Cornwall, David’s mother was from Stratford and he knew the town well from regular family visits.

He read law at the University of Aberystwyth and completed a post-graduate diploma at Bristol Law School.

Determined to gain commercial experience first, and in an effort to differentiate himself from his peers, David spent several years working in management and sales with Royal Mail and Lloyds TSB.

“I always wanted to practice law, but I felt that any experience I could gain working for large businesses would be really valuable in my legal career,” he said.

In 2010, David returned to the law, working for two national law firms in Bristol, before winning a training contract at Lodders.

He said: “I have always really enjoyed language and the creative use of words. I find articulating a complex issue to be very rewarding.”

Mr Baker said: “It will be a pleasure having David working with us in real estate.

“He is a bright young man who I am sure will go far. At Lodders we take great pride in bringing through talented trainees and David is the latest of many.”

A bit of give and take

ellie.cave — Tue, 15 May 2012 08:12:02 +0000

15 May 2012

Individuals looking to give money to charity will be affected by the announcements in this year’s Budget.
Louise Igoe, a partner in the private client department at Lodders Solicitors in Stratford upon Avon, said that it might appear as though the Government had “given with one hand and taken away with the other”.
Her comments follow the post-Budget concern among charities that donations will be affected because of a reduction in income tax relief.
Legislation will be introduced in the Finance Bill 2013 to apply a cap on income tax reliefs claimed by individuals from April 6, 2013. The cap will apply only to reliefs which are currently unlimited, such as Gift Aid.
For anyone seeking to claim more than £50,000 in reliefs, a cap will be set at 25 per cent of income (or £50,000, whichever is greater). The Government is already bombarded by worried charities and have indicated that they may look at the amendments again before they are introduced.
On the other side, a new relief is being introduced for inheritance tax purposes so that if you give ten per cent or more of your net estate to charity upon your death, the rate of IHT that is applied to the rest of your estate is reduced from 40 per cent to 36 per cent.
Mrs Igoe said: “Some 75 per cent of the population of the UK make financial contributions to charity on an annual basis. The percentage of people who leave charitable legacies in their wills is currently only seven per cent. It is hoped that the amendments to the IHT legislation will improve these figures.”
“However, the figures have to be considered carefully and will only be beneficial if you are already intending to leave a share of your estate to charity. While you may be benefiting from a lower rate of IHT, in most cases, any non-charitable beneficiaries will always receive less than they would have if there are no charitable beneficiaries at all.
“It is important that your will is drafted effectively to qualify for the relief. However, it is advisable to wait until the exact wording of the legislation has been agreed which will be when the Finance Act 2012 is in force. This is expected in July.”
Mrs Igoe urged people to seek advice if they wished to proceed.

Action for elderly, not just cash for dementia research

ellie.cave — Tue, 15 May 2012 08:11:09 +0000

15 May 2012

More money for dementia research is very welcome but we need action now, a Midlands lawyer has warned.
Sofia Tayton, part of the private client department at Stratford-upon-Avon law firm Lodders Solicitors, was commenting following Prime Minister David Cameron’s announcement of extra funding.
It is to reach £66 million by 2015, from £26.6 million in 2010, making the UK a world leader in the field.
Mrs Tayton, who specialises in advising the elderly, said: “While this is terrific news we really need to see some practical action, especially in respect of long term care.”
And she pointed out that the Government’s promised White Paper financing care of the elderly had still not been published, with speculation that it could now drift back to June.
She went on: “In a major report, prepared by economist Andrew Dilnot last year, proposals were put forward that would cap the contribution made by an individual to their personal care at £35,000. The Treasury needs to provide £1.7 billion to fund this scheme though, and there is talk that the Department of Health in fact wants the cap to be set at £100,000.
“With the number of people aged over 85 expected to double in the next 25 years, the Health & Care Bill heading through Parliament, the Welfare Reform Act gaining Royal Assent and local authority budget cuts, the whole public service system relating to care is in a state of flux.
“This is going to put more pressure on care providers, councils and the NHS. Dilnot’s proposals would only add to this, by requiring more people to come within an official assessment process for state support. How this is all going to be funded and managed is a hugely important issue.
“Any delay in the publication of the White Paper is disappointing. We can only hope that this is due to real care and attention being given to the issues under discussion, rather than cross party talks simply stalling over political divisions. We need the Government to deliver on Dilnot sooner rather than later.”
The Prime Minister has declared that tackling the "national crisis" posed by dementia is one of his personal priorities and it is a "scandal" the UK has not done more to address the issue.
It is thought to affect 670,000 people, although about 400,000 have not been diagnosed and do not know they have it. The cost to society is estimated at £23 billion.

Boost for bosses on retirement age issues

ellie.cave — Tue, 15 May 2012 08:10:02 +0000

15 May 2012

A landmark judgment has ruled that employers do, in principle, have the right to retire older workers. But Sonia Mangat, a solicitor in the employment team at Stratford-upon-Avon based Lodders, has warned that much depends on the circumstances and businesses still need to tread carefully.
She was commenting following the case of fellow lawyer Leslie Seldon, who challenged his firm Clarkson Wright & Jakes’s right to retire him at the age of 65.
The Supreme Court unanimously ruled against Mr Seldon who had claimed it was an act of direct age discrimination.
It ruled that CW&J did have some valid reasons for having a mandatory retirement age for partners. And it stated that employers were within their rights to dismiss older workers, as long as they have a “public interest” defence. However, it referred the case back to the Employment Tribunal to consider whether forcing partners to leave after their 65th birthday was appropriate and necessary.
Mrs Mangat said: “This case shows how the 'public interest' defence in age discrimination cases can be positively applied.
“It demonstrates that an employer can justify enforcing their own default retirement age but only if it has a legitimate aim and as Supreme Court Justice Baroness Hale stated, the default retirement age must be a proportionate means of achieving the legitimate aim.”
She cautioned: “Employers must not become complacent however and think that this case lets them off the hook if they force an employee to retire.
“It may not be appropriate to adopt a single retirement age across the entire workforce if there is a wide range of different jobs being undertaken. Each case should be assessed on its own merits.
“Overall this offers reassurance that compulsory retirement can be justified but it also acts as a warning that the grounds on which you can rely on to evidence your reasons for justification are narrow. In view of this, the issue will undoubtedly continue to be tried and tested in employment tribunals.
“Careful analysis and early planning of why a business may want their own default retirement age will assist many employers defending their decisions.”
Mrs Mangat called on businesses to revisit partnership agreements, contracts of employment and staff handbooks to ensure they accurately reflected the default retirement age position – Lodders’ employment department can advise on these matters and are able to amend any agreements or policies ensuring that they are compliant.

Lodders sponsors Telling Tales event

ellie.cave — Tue, 15 May 2012 08:08:48 +0000

15 May 2012

Former Poet Laureate Sir Andrew Motion was the centre piece of a Telling Tales event at Bancroft Gardens Residential Home in Stratford-upon-Avon sponsored by law firm Lodders. Sir Andrew engaged the group of residents in a discussion on poetry, rhythm, memory, and words.

He read Lewis Carrol's “Jabberwocky” and listened to residents recite poems by Stevie Smith and Robert Louis Stevenson. And he talked about his introduction to literature when he was very young.

A memory of Shakespeare's “A Midsummer Night’s Dream” was awoken in one resident, who recalled playing the part of fairy Peaseblossom when she was very young! Childhood favourites like Winnie the Pooh, The Wind in the Willows and Milly-Molly-Mandy were remembered fondly. But a more serious point was also brought out – the fact that school children these days don't have to memorise or recite poems was felt to be a real lack in terms of education.

Lodders’ lawyers Sofia Tayton and Louise Igoe, who specialise in the needs of the elderly, such as wills and lasting power of attorney, attended.
Mrs Tayton said: “Sir Andrew was very patient, caring and interested in what the residents had to say.
“Louise and I will be arranging for volunteers from Lodders to attend other Telling Tales sessions to read to residents and talk to them about memories that the stories or poems may prompt. “It was a very informal and relaxed session, and also very positive and enjoyable. I felt that allowing residents an opportunity to talk and reminisce at their own pace was extremely beneficial to them.

“Lodders is very proud to be sponsoring these events.”