You will notice that this edition of Chat with Chebsey is shorter than previous versions. Feedback from some readers has indicated that it is a bit too long so we are trying out a shorter version for a while – whilst still trying to provide some useful and interesting information. Please let us know what you think of the new format. I have also had feedback that it is about time that we featured another recipe so have included that as well.

Sometimes we are too reserved about singing our own praises. In order to rectify this I am delighted to announce that we are now “Award winning”. We have recently won Gold in the category of “Best Lawyer” at the OPP Awards for Excellence 2010. As these awards attract entries from all over the world I think that this is a great achievement.

This month I am also delighted to announce two new members of staff. First of all we have Mandeep Chima who has joined our Civil Litigation department on 1st November. Mandeep is based in our Beaconsfield office.

Matthew Welch started with us on the 8th November. Matthew is based in our Bath office and has joined to further strengthen our Employment law team.

I hope that you enjoy this edition of Chat with Chebseys. As ever if you have any comments or suggestions on it please let us know by sending an email to newsletter@chebsey.com Please also feel free to pass this newsletter on to anybody that you feel may be interested in it.

M. Keith Chebsey
Director and Chairman
November 2010

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OPP Awards for Excellence 2010

We are now award winning! At the recent Overseas Property Professional Awards for Excellence 2010 we were awarded Gold in the category of “Best Lawyer”. Although the awards have been running for many years this is the first time that this category has been part of the awards so being the very first winners makes our achievement even more special.

The judges, who were made up of independent experts in the Overseas Property industry, said that we stood out from strong competition to win the award. One judge said that;

“This is a company that has clearly thought everything through properly It has every possible system and service in place to meet the needs of the international property industry, and you know that it will do it with ease and professionalism. A first-class entry and, surely, a lawyer that it must be very easy to work with.”

The award was presented to Keith Chebsey by Geoff Hadwick, Editor OPP Group at a live awards ceremony at the Property Investor Show / OPP Live 2010 at the Excel exhibition and conference centre in London’s docklands on 15th October.

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Love thy neighbour

Sometimes (but certainly not always) a solicitor's letter to the offending neighbour may help. Sometimes the receipt of such a letter makes things worse. There are no guarantees when it comes to such disputes.

If the worst does come to the worst and you feel that you have no option but to issue proceedings perhaps for nuisance, trespass or harassment the kind of evidence you will need to produce at the outset is as follows;

• Comprehensive diary notes of the problems that you have experienced. This will be useful not only from an evidential point of view, because your statement will be detailed because you wrote down the events whilst they were fresh in your mind, but it will also allow the preparation of a detailed timeline of the problems you have experienced.



• Copies of any correspondence that you have had with the neighbour, which demonstrates that you have been reasonable and tried to come to an amicable settlement before issuing proceedings. Any poison pen letters that you may have sent to your neighbour would not support your case, although any that you may have received would!



• Photographs



• Plans of the properties



• Video footage. One of our clients had some videotape showing a neighbour breaking off the branches of her tree and throwing stones at her cat. The tape was disclosed after the defendant had served a defence denying that he would ever do such a thing! Note of caution you can aggravate a situation by filming your neighbour and it could constitute a harassing act in itself – so do be discreet.



• Names and addresses of witnesses who will support your case in court and a summary of what they will say. The evidence from supporting neighbours is very useful as it makes it more difficult for the defendant to argue that you were the cause of all of the problems. However you may find that when it comes to facing an unruly or threatening neighbour in court that some people prefer not to get involved.



• Sometimes it is easier (although more costly) to obtain a report from a private detective, as if s/he has observed the antisocial behaviour s/he is likely to attend court, after all you will be paying him to do so.



• Statements from the police. If the police have been called to the properties in the past, it may be necessary to obtain a statement from the officers concerned. The police can be interviewed and called to give evidence in civil proceedings subject to paying the constabulary that employs them a fee to interview them, and then obtaining a witness summons to compel their attendance at the civil trial.



• If there is a dispute regarding a boundary, copies of your title deeds will be required. These may be with your Bank/Building Society if you have a mortgage, so you will need to know the account number and address.



• A solicitor may need sight of the original conveyance file.



• Doctors reports. If you maintain that the neighbour's activities are making you ill, a report from your doctor may be required.

Litigation is costly. However it is worth checking your home contents insurance to see if you have legal expenses insurance, which may cover the costs of the proceedings.

Caution: Before embarking on a full blown dispute with your neighbour you should consider the implications seriously: if you subsequently wish to sell your home you will have to declare the dispute in the ‘sellers property information form’ to any potential purchaser. This may mean that you may not be able to sell at all once it is disclosed that you have difficult neighbours.

For further information on these or other issues relating to Commercial Law contact Sue Bean (smb@chebsey.com) or Tom Crown (thc@chebsey.com) on 01494 670440.

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Is your address up to date?

If you own or have an interest in a property that can be registered it is important to keep your address for service up to date with the Land Registry. This is particularly important if you own several properties. If your address for service changes you should notify the Land Registry of the change. The Land Registry will write to you at your address for service if an application is made in respect of your property.

If the Land Registry does not have your current address you will not be aware of such an application. In some cases this has led to people loosing their property where the property was transferred fraudulently. Keeping your address for service up to date helps to protect your property from fraud.

For further details on how to change your address for service please read the Land Registry guide PG002 at:
www.landreg.gov.uk/publications/?pubtype=241 or contact Alistair Bertrand on 01628 660077.

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Proposed Changes to Unfair Dismissal Claims

As the law currently stands, an employee can only bring a claim for unfair dismissal if they have the necessary period of continuous employment at the time of the termination of their contract, which, generally speaking is one year.

Government Adviser Lord Young has, however, recently confirmed that the Government is considering doubling the qualification period to two years’ continuous employment. The timetable for a decision is yet to be announced, however it is expected that a consultation period will be undertaken before any decision is made.

It appears that the proposed change is an effort to reduce the number of spurious claims pursues by disgruntled employees, and is part of a larger governmental plan to lessen the bureaucratic and regulatory burdens suffered by small companies, and so encourage small business growth and boost the economy.

While this may certainly be the case – and indeed has been warmly embraced by the British Chambers of Commerce – the proposal has meanwhile been widely criticised, with belief that it represents a major regressive step for employee rights. In particular, the Trades Union Congress General Secretary Brendan Barber said: 'There is no evidence that making staff wait for two years before they get protection from unfair dismissal will create any extra jobs….. What we need are quality small and medium sized businesses that can grow into the big employers of tomorrow. Giving them permission to become second-rate employers will hardly help.'

Arguably the move will offer employers dramatically increased capacity to ‘safely’ dismiss staff, significantly shifting the balance of legal protection in the workplace, which certainly begs the question, as to how this will lead to an increase in employment and job security.

It is as yet unclear what the precise rationale behind such a shift would be and the evidence in support and so, given the resistance this matter has already met, it will be interesting to see how the government choose their next move.

For further information on these or other issues relating to Employment Law contact Laura Poole on (lcp@chebsey.com) on 01494 670440 or Matthew Welch on 01225 401200

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Guardians

Have you ever thought who would look after your children if you were to die?

Guardians are responsible for the welfare and daily upbringing of your children until they reach the age of 18. It is important that every parent should make a will to specify who they would wish to act as Guardians to their children in the event of their death. It is possible to also specify substitute guardians if the people you appoint are for any reason unable to care for your children.

If you would like advice on drafting Wills and appointing Guardians to your children then please contact; Brian Wade (baw@chebsey.com) or Julie Tompkins (jat@chebsey.com) at our Beaconsfield office ;01494 670440 Malcolm Tanner (mjt@chebsey.com) or Helen MacDiarmid (hlm@chebsey.com) at our Burnham Office: 01628 660077 Johanna Knott (jlk@chebsey.com) at our Croxley Green office ; 01923 775651

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Speed awareness courses - what can you expect?

When these were first invented I was still serving as a sergeant in Thames Valley Police and managed to attend one without committing an offence first! It was a motorcycling course at the Transport Research Laboratory at Crowthorne and was great fun. In the classroom we had some inter active video to play around with and the presenter was a very interesting person to listen to. After that we got to do some riding out on the track.

Earlier this year I managed to book myself a place by doing 36 in a 30 zone on my way back from seeing a client in HM Prison Bullingdon. The fee was a little over the £60 I would have paid for the penalty ticket, but not by much. This time the venue was the old US airforce base at Upper Heyford near Bicester. Deserted airbases certainly have an interesting feel. Not so this course, which was a mind numbing four hours in the classroom with only a brief break. We had a very good presenter who worked hard to overcome the problems of delivering something that would have worked well in two hours. Was it worth it? Yes, despite being over long it was still worth attending, and far better than points on my licence.

For further information on these or other issues relating to Crime and Road Traffic Defence contact Caroline Dunne (cad@chebsey.com) or Graham Tolfts (gst@chebsey.com) on 01628 600850.

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Electrical charge
One of the things that you need to do when you buy a property in Spain is change the electricity contract from the name of the former owner into your name. In theory this is a relatively simple process although in practice the electricity companies can be a bit of a pain when it comes to the actual mechanics of it all.

Recent changes mean that the change has become more difficult. ENDESA, one of the electricity companies in Spain is now insisting that a Power Control switch is installed (if not already) before the change of name can take place. For further information relating to Spain contact.

Diego Rubio (drm@chebsey.com) or Peter Esders (pje@chebsey.com) on 01494 670 440

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Bath Life

Our readers from Bath will have noticed that David “Flats” Flatman (who we sponsor as Bath Law) has recently started to write a regular column for Bath Life magazine. Those readers outside of the Bath area can read his article online at http://www.bathlifemag.co.uk/

We have a Limited Edition Bath Rugby Calendar 2011 signed specially for us by “Flats” for the reader to most closely predict the number of words in his December column (excluding titles and captions). Entries to newsletter@chebsey.com Deadline is midnight on 30th November. In the event of a tie the winner will be the person to enter first.

Player of the Year

Beaconsfield Cricket Club, (who we support as Main sponsors) had their Annual Dinner at Stoke Park on Friday 19th November. As usual this was an entertaining event with great food and company. The guest speaker was ex England Cricketer and Sports Psychologist Jeremy Snape.

In addition to being main sponsors of the Club Chebsey & Co also gave a donation to Josh Triggs who won Young Player of the Year 2010.
Well done to Josh.

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What Lawyers Really Do

We were amused recently to read a Solicitors Regulation Authority (SRA) document which had Brian Wade down as doing the following types of work. the categories of work that the SRA had down for him were, Wills and Probate (Category T), Trusts (Category V), Mental Health (Category P), Taxation (Category U) and Charity Law (Category B).

This meant that the response to the question “Please indicate the types of work the solicitor undertakes” was filled in by the SRA as TVPUB. Maybe what they are really saying is that Brian likes to watching TV and sitting in the Pub!

Quick Boiled Fruit Cake
By Pat Hayman (PA and Chief cake maker at the Burnham office)

200g dark muscovado sugar 100ml rum, brandy or orange juice
85g pecans or other nuts 175g butter
3 large eggs beaten 700g mixed dried fruit
85g ground almonds 50g glace cherries
200g SR flour 2 tsp grated fresh root ginger
1tsp mixed spice Zest and juice 1 orange

Tip sugar, butter, dried fruit, whole cherries, ginger, orange zest and juice, booze into a large pan and slowly bring to boil stirring frequently to melt the butter. Reduce heat and bubble gently uncovered for 10 mins, stirring every now and then. Leave to cool for 30 mins.

Stir in nuts, eggs and ground almonds into pan and then sift in flour and spices. Mix thoroughly but gently. Cook in an 8 inch cake tin for at 150C/130 fan/gas 2. Wrap in foil – will keep for two months or freeze for one year. Marzipan and ice in the usual way.

This is really easy and quick compared to some fruit cakes and is very moist. It would make a great Christmas cake.

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Julie Tompkins
Head of the Family Department.

Julie studied law at Bristol University and then Guildford Law School. She served her articles with a firm in the City and after qualifying in 1985, she remained with the firm for a further year in their private client department.

She then moved to a firm in Hertfordshire where she became a salaried partner. Julie took a career break to have her son and returned to the profession in 1997 and since then has lived and worked in the Thames Valley area.

She moved to Chebsey & Co in September 2009. Julie specialises in Wills, Probate, Tax Planning, Lasting Powers of Attorneys and Trust matters and is a member of the Society of Trust and Estate Practitioners (STEP). In her spare time Julie enjoys gardening and has a share in an allotment where she enjoys growing her own vegetables. She also enjoys pilates and going to the gym. Julie’s favourite book is ‘Rebecca’ by Daphne du Maurier.

Q. Why did you become a Solicitor?
A, At the age of thirteen years I decided that I wanted to be a lawyer. It came as quite a surprise to my parents as there were no other lawyers in the family.

After completing my law degree and solicitors final exams I went to a firm on London Wall where I was let loose on the general public.

The firm had a private client department and it was there that I first dealt with wills and probate matters and trusts. I enjoyed meeting with clients and assisting them either to draw up a will which would give to them peace of mind or helping them to sort out legal matters after the loss of a loved one when often they found it difficult to cope.

In all my years of practising in this area the most difficult cases that I have had to deal with have always been where someone has died without making a will. It never ceases to amaze me that over two thirds of the population of this country have not made a will.

Julie is based at our Beaconsfield office and can be contacted on 01494 670440 or jat@chebsey.com

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