HIGGS & SONS STRENGTHENS FAMILY TEAM AS NEW REPORT IS PUBLISHED

Award-winning legal firm Higgs & Sons is strengthening its family team with a new associate, coinciding with the publication of a new far reaching review into family law.

Sarah Martin joins Higgs as an associate. She specialises in divorce, civil partnership dissolution and cohabitation disputes as well as advising on issues relating to children and relationship breakdown.

Speaking of her appointment, Sarah said: “There has never been a more important time in family law than now. The long anticipated Family Justice Review panel final report has been published this week and it’s clear that people in the region need to ensure they get the very best legal advice in the most cost-efficient way.”

Sarah is a member of Resolution and qualified as a solicitor in 1999. She said that the Family Justice Review will bring the biggest changes to family law in a generation: “It’s been well documented in the press this week about the legal rights of children after a break-up, with fathers not automatically being given shared or equal time with the children, should a relationship end. Similarly, it is not proposed that grandparents have an automatic right to have contact either.

“An increase in the number of cases being dealt with by the family justice system means it is being put under significant strain. In my experience, parents often find the system complicated, expensive and emotionally exhausting. It’s therefore important that clear, concise advice is given.”

The Family Justice Review panel was commissioned by the Ministry of Justice, the Department for Education and the Welsh Government to undertake a comprehensive review of the family justice system in England and Wales.

To find out more about the report, visit www.higgsandsons.co.uk.

Higgs welcomes six new trainees

Leading Midlands law firm Higgs & Sons has welcomed six new trainees to the firm – one of the largest intakes of graduates in recent years.

Timothy Swallow, Rachel Seaton, Harry Rasmussen, James Osborne, Veronika Ulicna and Adam McGuire all join Higgs at its Brierley Hill headquarters at the Waterfront Business Park.

Ian Shovlin, senior partner, welcomed the new trainees. He said: “As we continue to expand the firm, we need to ensure we are recruiting the very best talent for the future.

“We have a proud history of our trainees remaining with the firm for their entire career, and indeed, I trained with the firm myself. These graduates represent the future of Higgs and on behalf of everyone at the firm, we’re delighted to welcome them on board.”

2011 has been a great year for Higgs & Sons, with the firm named Law Firm of the Year by the Birmingham Law Society and a finalist in the recent national Lawyer Awards as Regional Law Firm of the Year.

The firm employs nearly 200 people, including 90 lawyers.

To find out more about Higgs, including information about its 2012 trainee recruitment programme, visit www.higgsandsons.co.uk.

HIGGS TRIO CELEBRATE STEP SUCCESS

Three lawyers from Higgs & Sons’ private client team have recently made progress towards joining a global legal organisation.

Solicitor Sarah Potter is now a fully qualified member of The Society of Trust and Estate Practitioners (STEP). Fellow solicitor, Sarah Darby, has achieved her second distinction in two papers and is well on her way to becoming a full member of the organisation. Victoria Knight is qualifying for membership through the thesis route and has passed two of the three stages. She is hoping to achieve full membership in the next year.

STEP is the professional body for the trust and estate profession across the world, providing members with a local, national and international learning and business network.

Peter Gosling, head of Higgs’ highly respected private client department, said: “Our congratulations go to Sarah, Victoria and Sarah for their achievements. It’s excellent news for them, the department and our clients.”

Higgs’ private client team, which is one of the largest in the Midlands, acts for many families and trusts across the Midlands and beyond and is based at Higgs’ headquarters at 3 Waterfront Business Park in Brierley Hill.

To contact Higgs & Sons Private Client department please telephone 0845 111 5050 or email peter.gosling@higgsandsons.co.uk.

SEPTIC TANK DATE LOOMING

Septic date looming A leading residential property lawyer is warning local householders with a septic tank to get up to speed with new rules and regulations issued by the Environment Agency.

David Morgan says that property owners with a septic tank need to be aware that the regulations on domestic septic tanks changed in 2010, with owners of existing systems having until January 1, 2012 to register them with the Environment Agency.

New systems will also be subject to registration and must be constructed and installed in accordance with current British Standards.

David explains: “If you already have a ‘Consent to Discharge’ then you do not need to register and the Environment Agency will automatically register the septic tank with exempt status. If it does not qualify for exempt status then the consent will convert into an Environmental Permit. The exempt status or permit could be lost if the conditions of registration are not kept. The conditions principally deal with proper maintenance of the system.”

The new rules are of particular importance if you are selling or buying a property with a septic tank. David said: “The new regime means that when you sell the property it is not necessary to notify the Environment Agency of the change of ownership provided the septic tank is operated and maintained properly. However, you must give written details to the new owner about the discharge and the conditions that must be met. Also, you must give the new owner any maintenance records.”

Application for registration is relatively straightforward. It is best to do it online as online applications are processed more quickly. It is only necessary to register once. Registration is generally free but, if registration can’t be accepted, then it will be necessary to apply for a permit for which there is a charge.

David concludes: “If you are about to buy a property with a septic tank then you should check that, either the septic tank has already been registered, or get the current owner to register it with exempt status (or get a permit) before exchange of contracts and completion.”

For further advice visit www.environment-agency.gov.uk or call David Morgan on 0845 111 5050.

Higgs helps give Van Leeuwen pipeline to Aberdeen

A leading Midlands corporate law team has advised on the acquisition of a specialist pipe supplier by a tube and pipe distributor based in the West Midlands.

Higgs & Sons advised Van Leeuwen Wheeler on its acquisition of the Aberdeen assets of Mardale Pipes, a specialist supplier of duplex and super duplex stainless steel to the oil and gas industry. Mardale Pipes was purchased from its administrators for an undisclosed sum.

The acquisition sees Van Leeuwen Wheeler gain a 9,000sq ft warehouse at Dyce, together with stocks and machinery. The company is relocating its Dundee sales team to the new Aberdeen location and will be retaining members of the Mardale team.

Part of the Netherlands-based Van Leeuwen Pipe and Group, Van Leeuwen Wheeler has major stockholding hubs in Middlesbrough in the North East and Brierley Hill in the West Midlands with access to over 100,000 tonnes of tube in group stocks. With a growing presence in the offshore sector, the company supports operations in many of the major oil and gas fields around the world, both from its UK and European stocks and via mill direct supply.

David Ellis, a partner and head of insolvency at Higgs, led the team advising Van Leeuwen Wheeler. He said: "It was an interesting transaction that had to be completed in a very short time scale.

"We received initial instructions on Friday and had to liaise with Scottish solicitors dealing with the property aspects of the transaction in a different legal jurisdiction while negotiating the purchase with the administrators with a view to completing both the lease assignment and the purchase within a week.”

Van Leeuwen’s managing director, Jeff Blakey, is delighted with the outcome: “We have long recognised the importance of having an active presence in Aberdeen and this development gives us a stockholding capability at the heart of the oil and gas industry. With the acquisition of this strategic location, we are uniquely positioned to offer a large portfolio of materials backed up by the necessary technical expertise.

“David and his team were quick to respond and helped us complete this deal in record time.”

Higgs & Sons is an award-winning law firm employing 180 people. The firm is headquartered at Brierley Hill’s Waterfront Business Park and also has offices in Kingswinford.

Legally bound without even signing on the line

A recent Court of Appeal case highlighting the dangers of businesses and their employees being unaware of contract formation procedures has implications for firms throughout the region says a leading commercial solicitor.

Amy Hylton, a commercial specialist at Higgs & Sons says that the recent case of Immingham Storage Company Limited v Clear Plc brings to light the dangers and high costs of getting the process wrong.

“In this case, the two companies had exchanged a number of emails regarding the storage of certain products,” explains Amy. “The storage company had emailed a quote to the customer containing various details such as the start date for storage, duration and price. The quotation also specified that a ‘formal contract would follow in due course’.

“The customer never signed the formal contract and they did not use the storage space. The storage company argued that a contract had been formed upon signature of the quotation and therefore their invoice for storage services should be paid.”

The Court of Appeal concluded that there was a contract despite no formal agreement being signed because a) the quotation was not expressly made ‘subject to contract’, b) all substantial terms had been agreed in the quotation and c) there was an intention to create legal relations.

Amy explains: “It is vitally important that the people negotiating sales and orders are aware of the vast range of issues that affect contract formation and incorporation of terms.

“It is a common belief that a contract has not been formed until the written agreement is signed. However, in law as this case shows, this is not always the case.”

Amy suggests that a full review of a business’ order and sales process would be a beneficial way of ensuring that the processes being used are not going to trip them up when it comes to contract formation. “A simple check may be all it needs to save a business a lot of money.”

To find out more contact Amy Hylton on 0845 111 5050 or by email at amy.hylton@higgsandsons.co.uk.

Eight new lawyers for Higgs & Sons

Leading Midlands law firm Higgs & Sons has appointed a further eight lawyers, as it gears up for more growth in 2011.

The largest growth area for the award-winning firm is in dispute resolution where the team is now boosted by three new lawyers including partner Tom Read, associate Carole Maddock and solicitor Laura Westwood who trained with the firm.

Department head, Julia Lowe, said that 2010 had proved to be a very successful year for the team. “It’s fantastic to welcome new talent to the firm and to retain lawyers upon qualification. The new appointments will add both strength and depth to the dispute resolution team and demonstrate the firm’s commitment to the growth of this practice area.”

Higgs & Sons’ private client team, which is one of the largest and most highly regarded practices in the region welcomes two new lawyers, Victoria Knight and Sarah Darby. Newly qualified solicitor Sarah trained with the firm.

Alongside Laura and Sarah, Higgs has also retained Oliver Ward-Jones upon qualification, to further strengthen the firm’s insolvency team.

Two other departments also welcome new lawyers. The commercial property team has appointed Lisa Craddock and personal injury sees Laura Dyke join the team.

Managing partner, Paul Hunt, says that the appointments are exciting developments for the firm: “A solid business strategy, excellent client care and a determination to make a difference to our clients has ensured that Higgs has continued to grow year on year.

“These latest appointments reflect our growth across the whole firm. We enjoy developing long-term relationships and recruit people who we know will deliver real value to our clients.”

Picture shows from left to right: Sarah Darby, Laura Dyke, Victoria Knight, Lisa Craddock, Oliver Ward Jones, Paul Hunt, Tom Read, Carole Maddock and Laura Westwood.

Landlords beware! New rules on assured shorthold tenancies introduced

Landlords in England are being warned to update themselves on new rules surrounding assured shorthold tenancies as the rules have now changed.

Sara Shepherd, a specialist property solicitor at Midlands law firm Higgs & Sons, says that landlords across England need to be aware of the new rules and act accordingly.

“Prior to 1 October 2010, a residential tenancy could not be an assured shorthold tenancy if the rent exceeded £25,000 per annum,” says Sara.

“This was designed to exclude tenants of luxury houses from protection under the Housing Act, but due to rising rents many tenancies of non-luxury properties now have annual rents of more than £25,000. The most common examples of this are large student houses and London flats.

“From 1 October 2010, the rules changed, with the threshold rising to £100,000 per annum. The effect of the change is retrospective, so it affects all new and existing tenancies.”

Implications for Landlords

According to Sara, the rules change has a number of implications for landlords.

“A landlord who takes a deposit under an assured shorthold tenancy must protect it in an approved deposit scheme. There are serious sanctions for landlords for failing to comply with this - including fines and limitations on the landlord's ability to get the property back. Although the government has said that it is not expecting existing deposits to be placed in a deposit scheme, this is still subject to test in the courts, which may take a different view. In my opinion, a cautious landlord would now place all existing deposits in an approved scheme.”

Serving Notice

The changes also mean that the rules as to minimum length of term and length and format of notices now apply to these tenancies, whatever it actually says in the tenancy agreement. All assured shorthold tenancies have to last for at least six months, and landlords must use the required forms of notice to terminate them, otherwise the notice will not be effective.

Pre February 1997

Sara has one particular warning for landlords of any tenancies with rent of over £25,000 per annum which started before 28 February 1997. “These are rare but landlords who have them will find they have converted automatically into assured tenancies, not assured shorthold tenancies,” says Sara.

“Landlords will not be able to terminate these on two months' notice, but will have to be able to show one of the grounds from the Housing Act - making it much harder to get back possession of the property.”

Good news

The new rules do bring some good news for landlords. The main one is that landlords can use the accelerated possession procedure in the courts - which is a faster and more cost-effective method of obtaining possession of properties, and which is only available for use with assured shorthold tenancies.

There is more good news for landlords. Sara says: “Previously, landlords could find that tenants of residential flats paying over £25,000 per annum had acquired rights of first refusal under the Landlord and Tenant Act 1987 on any sale of the freehold by their landlord. This caused delays and cost landlords money when they were trying to sell their property. The new rules from 1 October mean that in most cases it will now only be an issue where tenants of residential flats are paying over £100,000 per annum.”

For specialist legal advice or to speak with Sara Shepherd contact her directly on 0845 111 5050.

Higgs shortlisted for another award

Following its success earlier this year in being shortlisted for the prestigious Birmingham Law Society Legal Awards 2010, Higgs is celebrating once again after making the list for the Birmingham Post Business Awards.

The leading Midlands law firm, which moved 150 of its team into a new £1.5 million office at the start of this year, is shortlisted for the Legal & Business Advisory Award.

Senior partner, Ian Shovlin, said: “This is fantastic news for the entire Higgs & Sons team. The Birmingham Post is a well respected publication and to be recognised as a leader in our field is brilliant.

“Our philosophy at Higgs is to work together to achieve great things for our clients and this latest recognition demonstrates this commitment to client care.”

The award ceremony takes place on Monday September 20 at Birmingham’s ICC.

Higgs opens doors to largest legal practice in the Black Country

This week Higgs & Sons officially opens its doors for business at its new prestigious Waterfront Business Park address.

The leading law firm has already given over 300 of its clients and contacts a sneak preview of the new premises at two high profile launch event evenings.

The move creates the largest legal practice in the Black Country, with 76 lawyers and a further 80 support staff relocating to the new premises in Brierley Hill’s Waterfront.

Higgs has spent the last five months refurbishing the new 30,000 square foot facility to create leading edge headquarters for its growing team and clients. The firm worked closely with fit out specialists Morgan Lovell and designers Grant Thorp on the new building. The deal was one of the largest commercial property transactions of 2009 and was supported by NatWest.

Ian Shovlin, senior partner, said at the official opening of the new building: “In bringing over 150 of our team together under one roof, we can now offer all services, meetings and events from one fantastic location.

“2010 is the 135th anniversary of Higgs & Sons and I can think of no more fitting tribute than to take the firm to the next stage in its development.

“The new facility means that our specialist lawyers can continue to offer clients the very best legal advice but now in a purpose designed building which not only meets our requirements today but also as we grow in the future.

“We now have the premises to match our great team and we look forward to offering a complete service to all our business and private clients at our new home for many years to come.”

Higgs signed a 10 year lease on the new building. The move will bring together Higgs’ team which is based across offices in Brierley Hill and Stourbridge. The firm will keep its presence in Kingswinford to serve the local community.

Picture shows Ian Shovlin, Senior Parter, Higgs & Sons

Higgs on the case with family team appointments

Higgs & Sons, which already has one of the largest family teams in the West Midlands, is expanding even further with the appointment of Victoria Fellows.

Victoria, who joins the firm as an assistant solicitor, brings a wealth of experience having been in family law for over five years. She qualified at Atter McKenzie in Evesham and then joined Irwin Mitchell in Birmingham for four years and has been at Sharratts Family Law in Wolverhampton, for the past year.

The appointment comes at the same time as Philip Barnsley takes up the headship of the department from Steven Jackson. Philip said: “Victoria has a very impressive background and will further strengthen our team. She adds another dimension to our diverse team, which can only be seen as a positive thing by clients.

“I am really excited about the coming year as the team is growing rapidly and we possess a range of strengths and experience which, when put together, forms an impressive portfolio for our clients.”

Victoria said: “My move to Higgs will enable me to utilise my experience as part of a growing department and I am thrilled to be working for one of the leading firms in the West Midlands.

Philip continues: “We have also taken on Rhian Jervis who is a newly qualified solicitor. She brings fresh ideas to the team and will be an additional support to clients and us. The coming months will be very exciting for the firm as we move to our new office at 3 The Waterfront. Our ambition is to grow our department even further in this new state-of-the-art environment.”

Steven Jackson remains with the firm as a specialist consultant in the team.