Whatever your view of the election it was certainly interesting. Who could have predicted the outcome a year ago? As lawyers we found it particularly interesting from a legal and constitutional point of view. It was fascinating to see how the various parties negotiated and wrangled over power.

The good news is that we now have a bit more stability in that we now know who is making up our government and what they are aiming to achieve. Whether you like the result or not, now that the speculation is over things seems to have settled down a bit more, and we can all now make plans without having to guess what is going to happen (although some of the details are yet to be revealed at the time of writing). We have certainly seen clients and business contacts delaying decisions until the outcome of the election was known. I do wonder, however, how many of them would have actually done anything different had the result been something else. It seems that it is the uncertainty that most people don’t like rather than necessarily the actual outcome.

I am always amazed by how few people make wills. Statistics show that 82% of parents don’t have a will. This is staggering when you consider the impact that this can have on their children. In this newsletter you can therefore read articles about why you should make a UK will and also a will to cover any foreign assets that you may have.

Last but by no means least, I am pleased to announce that Jo Dix has now become a director in the company. Jo has been a valuable and loyal member of staff for some time. Jo has been key in making sure that all things financial are kept on an even keel and her assistance in this field has been invaluable. She has also been a key advisor of mine for some time now. It is therefore only right that all her hard work is recognised and the existing directors are delighted that she is joining us on the Board.

We have some very exciting news coming up. If you can’t wait for the next edition of Chat With Chebseys to hear about this then keep an eye on our website or our Facebook, Twitter or Linkedin accounts.


M. Keith Chebsey
Director and Chairman
May 2010

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New Director - Jo Dix

After the announcement a couple of editions ago that Alistair Bertrand has become a Director we have another director announcement to make – Jo Dix. Recent changes in the way that law firms are run now allow us to have Directors who are not lawyers, and Jo is the first of those at this firm. In fact we think that nobody at Chebsey & Co has ever worked at a firm where there has been a non lawyer director or partner so this is quite an event for us all and a reflection of the changing legal world.

Jo has actually been a key member of the Chebsey team for some time now as she is the head cashier and gets involved in things financial, including helping make strategic decisions, making sure that we are compliant and keeping a close eye on all things financial. She was appointed as Practice Manager from the 1st January 2001. You can read an interview with her later on page 8 of this edition of Chat with Chebseys.

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Competition Law Changes Due June 2010

Since June 2000, there has been a Regulation in force that exempts many ‘vertical agreements’ i.e. agreements between entities at different levels of a supply chain. The exemption comes to an end on the 31st May 2010. The European Commission will adopt a new Regulation which will come into effect from 1 June 2010 and will last until 31 May 2022. It mirrors the old out-going block exemption in that for the old block exemption to apply, the supplier must have no more than 30% of the relevant product and geographic market; the market share restrictions now apply to the buyer too. In addition, there remain the so called ‘hard-core’ prohibitions, including:

• Agreement as to the actual or minimum resale price.
• Restrictions on the territories or customers to whom the buyer may sell, subject to certain exemptions such as an exclusive territory reserved to the supplier or another distributor.
• Restrictions on members of a selective distribution system from selling to end users.
• Any prohibition on the buyer not to supply competing goods if that prohibition is indefinite or more than five years.

The Commission’s Guidelines, also contain particular points which will affect e-commerce websites including restrictions to prevent:

• The restriction of internet sales
• Distributors from stopping customers from one territory from viewing its website or any automatic rerouting of customers to another distributor
• The termination of any sale from a customer outside a distributors area.
• Any restriction on the proportion of internet sales to overall sales.

However one new development which will appeal to operators of selective distribution networks is that the supplier can require the buyer to sell a certain absolute amount (in value or volume) off-line in a bricks and mortar shop. The supplier can also require the buyer’s web site to be consistent with the supplier’s overall brand image.

The Guidelines also consider the extent to which Internet advertising would be active or passive selling. Banner advertising or advertising on third party web sites addressed to certain customers is active selling, as is paying search engine service providers or other online ads where (in each case) the advertising is directed to users in a particular territory.

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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The Family Team is delighted to announce that Manjit Bains is now an Accredited Resolution Specialist in Private Children Law Proceedings and Advanced Financial Provision (complex financial and property matters).

She has also recently applied for Accreditation in the area of Domestic Abuse.
Manjit works out of our Burnham office and has a wealth of experience in dealing with all family matters but with particular emphasis on cases involving children. If you would like to learn a little more about her, please read her profile on our website http://www.chebsey.com/herts-berks-solicitors-bucks.html#Manjit

For further information on these or other issues relating to family and Matrimonial Law contact Jeff Thomas (jmt@chebsey.com) on 01494 670440 or Manjit Bains (mkb@chebsey.com), Jo Sommer (jms@chebsey.com), Jackie Smith (jas@chebsey.com) on 01628 660077

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Why You Should Make A Will By Jo Knott

“Dying is a complicated business and should not be considered without first consulting a solicitor” – Alan Beith MP Finance Bill Debate 1996

What happens if I do not write a Will?

Many people do not bother to write a Will because they are under the impression that their assets will automatically pass to their husband/wife/civil partner when they die – This is not necessarily the case as the statutory Intestacy Rules will govern the way your estate is distributed and this will depend on what relatives you have living and the value of your estate.

If you are unmarried and cohabiting with a partner and you do not make a Will your lifetime companion will not benefit. They could be left in a position where they have to bring a claim for financial provision against your estate and therefore your relatives. This is a costly exercise and one that can be easily avoided by making a Will.

If you have no living relatives then without making a Will all of your estate will pass to the Crown. In these circumstances you may wish close friends and charities to benefit from your estate instead and this can only happen if you make a Will.

By making a Will you can decide exactly what you want done with your own property after your death. You can appoint Executors of your own choice and give them the powers that they need to deal with your estate and you will be able to appoint Guardians for your young children. You may even wish to leave specific instructions with regard to your funeral.

Your Will is probably the most important document you will ever need to sign and you have to get it right. Our charges for drafting Wills are comparatively small when weighed against your peace of mind that your wishes will be adhered to on your death.

If you would like to discuss the content of your Wills then please contact Julie Tompkins (jat@chebsey.com) or Brian Wade (baw@chebsey.com) at our Beaconsfield office (01494 670440), Johanna Knott (jlk@chebsey.com) at our Croxley Green office (01923 775651) and Malcolm Tanner (mjt@chebsey.com) or Helen MacDiarmid (hlm@chebsey.com) at our Burnham office (01628 660077).

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HIP Replacement

Home Information Packs (HIPs) have been suspended from 21st May 2010 and are to be scrapped under the new Coalition Government. Energy Performance Certificates are to be retained.

For further information on these or other issues relating to Property contact Alistair Bertrand (aab@chebsey.com) or Helen Woodend (hew@chebsey.com) on 01494 670440 or David Wachtel (dmw@chebsey.com) on 01923 775651.

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NIP In The Bud

In an age of ever increasing work and home commitments, junk mail, circulars and offers of loans it can be very easy to overlook important correspondence. However ignore your post at your peril!!

With the increased use of speed cameras comes the Notice of Intended Prosecutions (NIP). This is the document which requires the registered keeper of a motor vehicle to provide the details of the person driving that car on the date and time when a traffic offence is alleged to have been committed. The information must be provided within 28 days. Since 24th September 2007 the penalty for failing to provide this information is 6 penalty points and a fine of up to £1,000.

As a probationary driver, that is within the first two years of passing the driving test, 6 points will result in the revocation of the driving licence by the DVLA, for all other drivers they are half way to becoming a “totter”.

The law provides that should a driving licence attract 12 or more penalty points within a three year period the Magistrates’ Court must consider imposing a minimum disqualification of 6 months! Therefore for failing to answer 2 of these notices, and potentially not having committed any road traffic offence, you could find yourself appearing before a Magistrates’ Court facing a driving ban and all the consequence which could follow- loss of job, inability to pay mortgage etc.

As with most legal issues expert advice at an early stage can often prevent months of anguish. Our road traffic team have years of experience and a proven track record in successfully persuading the courts not to exercise their powers to disqualify.

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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Tougher Approach to Licensing Laws say the new Coalition Government By Helen Woodend

The Liberal/Conservative Coalition have announced that they will be overhauling the Licensing Act 2003 to target what they see as the root cause of drink fuelled anti-social behaviour.

The Coalition have said that they intend to ban the sale of alcohol below cost price, presumably targeting supermarkets and off-licences. They also intend to review alcohol taxation and pricing to ensure it tackles binge drinking without unfairly penalising responsible drinkers, pubs and important local industries.

Other measures that have been identified are that late night premises could be charged more for their premises licences by the local council. It is intended that these funds will pay for additional policing.

The Licensing Act will be overhauled to give local authorities and the police much stronger powers to remove licences from, or refuse to grant licences to, any premises that are causing problems. Tougher action will be taken against any shop or bar found to be persistently selling alcohol to children with maximum fine for the offence of under-age alcohol sales being doubled to £20,000.00. The local council and the police will also have the power to permanently shut down any premises found to be repeatedly making under-age sales.

When these new measures will come into effect remains to be announced but be under no doubt that the future will bring a tougher approach and tighter monitoring of the licensing trade.

For further information on these or other issues relating to Entertainment and Gaming contact either Keith Chebsey (mkc@chebsey.com) or Helen Woodend (hew@chebsey.com) on 01494 670440.

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This month we have seen a letter which looks like it came from a firm of lawyers in Spain and which informs the recipient that they have inherited some money from a rich relative who lived in Spain. The firm of lawyers is a legitimate one, but the letter didn’t actually come from them – it is a hoax. The letter refers the reader to a hoax website that looks like the proper one (it even has their text copied and pasted into it). The letter asks the reader to let them have some personal details so that their claim to “substantial” inheritance can be proved. Obviously because this is a scam those details (full name, birth date and so on) are likely to be used fraudulently. The letter then goes on to say that the bank in Spain is about to close the account and therefore there is urgency in this matter.

We suspect that the next stage of the scam is to obtain your bank account details so that a “transfer” can be done to your account from the account in Spain. Of course that transfer to your account won’t happen, but you will have given the fraudsters your personal details and your bank account details, which can allow them to access your account.

If you receive a letter out of the blue telling you that you have inherited something or won something be sceptical as there are lots of scams out there where the purpose is to obtain your personal details including your bank account details. Be particularly sceptical if the letter doesn’t even tell you the name of the relative that has died, as is the case in the letter that we have seen. If you are in doubt please feel free to contact our Spanish Department who will be able to tell you whether the letter seems genuine or not.

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As you will have read above it is important to make wills in the UK. The same reasons and more apply when you have assets in Spain (or indeed any other foreign country). What most people don’t realise is that you can have two wills – one covering your UK assets and one covering your Spanish assets. This is what we recommend for people with assets in both countries.

There are various reasons for this. Even on a basic level the cost of translating an English will into Spanish is likely to be more than the cost of making a Spanish will.

In addition the way that you would do something in your UK will is not necessarily suitable or desirable for your Spanish assets – after all the legal and tax systems in the two countries are very different. For example, in Spain they tend not to understand Trusts and the way that the inheritance tax system works can mean that you can end up more tax than you need to if you follow what your English will says.

Thirdly leaving your Spanish assets with a Spanish will speeds up the inheritance procedure – meaning that legal fees are kept to a minimum and ensuring that it is less likely that the voluntary period for paying the taxes is exceeded (and therefore avoiding fines for late payment).

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AIPP

The AIPP (Association of International Property Professionals), which Chebsey & Co are members of, has a new Chief executive in the form of Professor Mark Sharp. Further details about Professor Sharp, his appointment and the work that AIPP does can be seen on their website (www.aipp.org.uk).

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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Compass Ride

Replicating a charity motorbike ride that he did 25 years ago John Chatterton –Ross, from our Road Traffic Defence Department will be riding his trusty Honda to all four compass points of the UK. The first time that John did such a ride was on a Norton police bike so this time he intends to drop into the Norton factory to hand over some pictures from that trip 25 years ago.

John is a great campaigner for safer roads, particularly for motorbikes, so it is not surprising that his chosen charity this time is safety related – the Asia Injury Prevention Foundation, which aims to reduce road traffic fatalities in developing countries. AIPF are a not for profit organisation which manufactures affordable helmets which are suitable for wearing in tropical climates (where many people cannot afford helmets and where the heat makes western type helmets impractical). Think of the helmets as being a cross between a bicycle helmet and the motorbike helmets that we know in the west and you get some idea as to what they produce. http://www.asiainjury.org/main/home.html

You can help John raise money for this worthy cause through his first giving site http://www.firstgiving.com/johnchattertonross

A review of the ride will be published in the next edition of Chat with Chebseys.

Sunrise - Care Home

Julie Tompkins gave a talk to the Beaconsfield Sunrise Care Home on the importance of Wills and making Lasting Powers of Attorney – particularly for the elderly. Julie’s talk seemed to go down well and she is looking forward to participating in similar events in the future. Perhaps the excellent drinks and nibbles that were provided may be an influencing factor in that decision!

Wasps V Bath

A group of Chebsey & Co staff and assorted guests were invited by Keith Chebsey to attend the first St George’s Day Rugby game at Twickenham and for food prior to the game.

A good time was had by all despite the result. Keith has long been a supporter of Bath and he felt very much in the minority as the rest of his guests were by and large Wasps supporters. Wasps scored a few points early on in the game but somehow managed to lose control of the game to end up 19-35 down at the end of the game, which at least our Chairman was pleased about even though most of the rest of us weren’t.

Marathon Total

The figure that Ben Lindsay managed to raise for Mencap by running the London Marathon is now in. Ben has raised;

• £100 from the Directors of Chebsey & Co.
• £235 from Colleagues at Chebsey & Co.
• £890.00 on his Just Giving page.
• About £200 from friends and family not on Just Giving.

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Future Events

The cricket season is now here. As main sponsors of Beaconsfield Cricket Club we wish them good luck in this years season. Details of their fixtures can be seen on their website.

We hope to see some of you at the games, particularly the home games which are a stones throw (or should that be a cricket ball?) away from our Beaconsfield offices.

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Chebseys real life farce as the Burnham office head to the Beaconsfield amateur production of My Fair Lady
by Rachel Adams (Trainee Solicitor)

As any good farce the plot was set the opening act a meal with recession busting vouchers procured by the office matriarch, Pat. Our feast of pizza and pasta at Zizzi’s went relatively uneventful until we realised the time and after three attempt to pay the bill made a mad dash to the theatre.

Fashionably late we had missed the overture and spent the first scene standing at the back straining to see our thespian brother John Francis from the Criminal Department singing “oh wouldn’t it be lovely”…..to get to our seats!

After scraped knees and a thousand apologises we found our seats which is where we remained for the next three hours. Note to John, advanced warning on the recommendation of added seat padding would have been appreciated.

Being a thespian myself I have nothing but praise for the show and the hard work and dedication that goes into such a production. It was equally well supported and received by the local community, a somewhat refreshing change for amateur theatre. That you may think was the end of the farce but on the contrary it was merely then end of act one.

Act two

I should have mentioned that our mad dash to the theatre had resulted in the abandonment of our cars in the badly lit, what we thought at the time was the car park – more on that later.

On leaving the theatre the weather had turned somewhat inhospitable and a typhoon seemed to have descended on St. Marys School. As myself and Alex approached our cars, to our horror we had parked on what must have doubled as the school sand pit, yes in our hast we hadn’t noticed we had parked on the playground.

Tentatively we got in the cars but it was clear within moments we were well and truly “stuck in the mud”. After several suggestions from other drivers and clearly some non drivers, who, I am ashamed to say were women we managed to manoeuvre Alex’s car out but mine was going nowhere.

By now, soaking wet and covered in mud we were clearly deflated when Pat came to the rescue, again in the form or her husband, my hero with a tow rope. We therefore sought refuge in Alex’s car while we waited. Then, suddenly, a cry goes out “the gates are closing”. As if in slow motion Alex and Rowena run to the gates which were closing if by magic separating us from our knight in shining armour in his metal stead who had arrived just as the gate closed!

Taking the initiative and not wanting to be arrested, I called the Thames Valley police and in my best damsel in distress impression explained the situation, the cavalry was on their way.

A short while later the police called to say that if we drove up to the gate it would open, we only had one shot, we had to get the rescue vehicle in but once Alex had driven out the gate would shut behind him.

With military precision Alex slowly approached the gates and they crept open. Pats husband drove towards him as if to confuse the gates they were one car. Man triumphed against machine and both cars made it though, the gates closing behind them.

The rest as they say is history, my car was towed out of the mud, the cavalry did arrive in the form of two Thames Valley police cars but as ever arrived after it was all over!

Lesson learned, if you want a fun night out then look out for Chebseys Criminal Department coming to a theatre near you!

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Future Events

The cricket season is now here. As main sponsors of Beaconsfield Cricket Club we wish them good luck in this years season. Details of their fixtures can be seen on their website.

We hope to see some of you at the games, particularly the home games which are a stones throw (or should that be a cricket ball?) away from our Beaconsfield offices.

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HIP Replacement

Home Information Packs (HIPs) have been suspended from 21st May 2010 and are to be scrapped under the new Coalition Government. Energy Performance Certificates are to be retained.

For further information on these or other issues relating to Property contact Alistair Bertrand (aab@chebsey.com) or Helen Woodend (hew@chebsey.com) on 01494 670440 or David Wachtel (dmw@chebsey.com) on 01923 775651.

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Staff Profile - Jo Dix

In the last edition of Chat with Chebseys we thought we had interviewed the last director of the firm. Little did we know that this month we would be interviewing yet another one! This month sees an interview with Jo Dix who has just been appointed our 4th Director.

Q. Why did you become a legal cashier?

At 17 I was given an opportunity to work as an Assistant Legal Cashier for a medium size firm based in Birmingham. I enjoyed the work and then went onto study for my Diploma & Associate qualifications with the ILCA.

Q. What is your favourite lawyer joke?

A doctor and a lawyer got into a car accident, on a small country road. The lawyer had figured that nobody else would be on the road, and had raced through a stop sign. The doctor, on a cross street, had no time to react and couldn't have missed the lawyer if he had tried. Fortunately, neither driver was hurt.

The lawyer, seeing that the doctor was a little shaken up, helped him from his battered car and offered him a drink from a hip flask. The doctor accepted, took a deep drink, and handed the flask back to the lawyer. The lawyer held the flask for a minute or two, and gave it to the doctor again. The doctor took another swig. He again returned the flask to the lawyer, who closed it and put it away.

"Aren't you going to have a drink yourself?" asked the doctor.

"Not now," answered the lawyer. "I'll have something after the police leave."

Q. What gets you up in the morning?

My kids demanding breakfast !

Q. What is your passion?

Shopping, shopping and more shopping

Q. Which famous person, dead or alive, would you most like to spend a day with?

George Michael, he has been my idol since the days of WHAM!

Q. Tell us an interesting fact about yourself.

A. I came 3rd in a 12 man Formula One race around Silverstone….Who said women couldn't drive!!!!!

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