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Friday, March 5, 2010
R&N are pleased to announce the promotion of Tom Lawrence to the position of Associate within our Private Client Department which takes effect on 1st April 2010.
 Tom, who qualified as a solicitor five years ago, joined R&N in 2007 and specialises in wills, probate, trusts, inheritance issues and powers of attorney.
Tom has shown a great commitment both to his clients and the firm since he has been with us and his promotion is richly reserved.
Commenting on his promotion, Tom said “I am delighted, Rogers & Norton is a highly successful and growing firm and it’s great to be part of it.”
Click the following link for an article on Tom's promotion on the Law Society Website - http://www.lawgazette.co.uk/node/54395.
If you would like more information regarding our Private Client department, Tom can be contacted on 01603 675610 or tl@rogers-norton.co.uk.
NEW MANDATORY CODE OF CONDUCT FOR ALCOHOL RETAILERS
The Government has recently announced a new code of conduct for alcohol retailers.
The changes and their dates of implementation are set out in the table below. They will apply to all licensed premises although many will in reality be unaffected by them. Of most concern to many people however is the fact that they fail to address what is seen by many as the main problem affecting the licensed trade. Supermarkets will be largely unaffected and will continue to be able to sell alcohol as a ‘loss leader’ at considerably lower prices than the rest of the trade. Not only does this directly affect the profitability of pubs in particular it is seen by many as a major contributor to the problem of binge drinking as it allows drinkers to ‘load up’ on cheap booze before going out.
Mandatory licensing condition
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Coming into force
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Banning promotions such as “all you can drink for £10” or “women drink free” deals.
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6 April 2010
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Banning “dentist’s chairs” where alcohol is poured directly into the mouths of customers.
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6 April 2010
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Ensuring free tap water is available for all customers.
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6 April 2010
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Making sure all sellers of alcohol have an age-verification policy in place.
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1 October 2010
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Ensuring small measures of alcoholic drinks are made available to customers.
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1 October 2010
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Penalties for breaching the code
Premises that breach any of the above conditions will risk a range of sanctions, including:
- Having additional conditions imposed on their licence.
- Losing their licence.
- A maximum £20,000 fine and/or six months imprisonment.
More information
If you require any more information on this or any other licensing matter please contact Bruce Faulkner on 01603 675609 or by email at bwf@rogers-norton.co.uk.
Monday, January 25, 2010
Macmillan Cancer Support in Norfolk has received a welcome boost thanks to the effort of over 100 golfers who took part in a special event in September last year.
Just over £3,000 was raised at our Annual Charity Golf Day held at Bawburgh as part of Macmillan’s ‘World’s Biggest Coffee Morning’ event. We have supported the Macmillan Coffee Morning for the last 11 years and have raised a substantial sum during this time thanks to the continued support of our clients and contacts for which we are very grateful.
 "Rogers & Norton have once again surpassed themselves by organising their golf day to support us,” said Helen Chapman, Macmillan’s Fund Raising Manager. “Raising over £3,000 is fantastic, especially in the current economic climate. It is enough to fund our Mobile Information Centre to visit
Norfolk for a day, bringing cancer information to the community or to fund a Macmillan nurse for just under a month. I would like to thank Rogers & Norton for holding the golf day and everyone who took part.”
Macmillan does such a superb job across Norfolk which is why we support their Coffee Morning every year. I am sure that is why people responded most generously on the day as they knew the money was going to such a worthy cause.
If you would like more information about our Golf Day or more details of the Charity please contact me (Graham Knights) on 01603 675618 or gjk@rogers-norton.co.uk.
We are delighted to let you know that our outing to the theatre on 14th January was a great success and we were able to take 25 children to see the Pantomime at Norwich Theatre Royal. The seats were offered to children through Nelson's Journey, a local Charity dedicated to supporting children in Norfolk who have experienced the death of a close family member or friend.
 With the brilliant help of the Theatre Royal staff we were able to make it a really special event as the children were treated to a back stage tour and had their own tea party before enthusiastically enjoying the Panto!
The whole event was a great exercise in how a little effort and some well directed funds can bring so much enjoyment to children in real need of a lift at a very vulnerable time in their lives. We will certainly consider repeating the event next year as a result of this experience. More information about Nelson's Journey can be obtained from http://www.nelsonsjourney.org.uk.
Monday, January 25, 2010
R&N 5-a-side League
Following the completion of another competitive season of 5-A-Side football in the Rogers & Norton Football League the presentations were made today to Larking Gowen and TSI Structures, for winning their respective divisions.
Thank you to all the teams that took part in the leagues last year. If there are any other professional organisations that would like to join the League please feel free to contact Paul Warden on 01603 675628 or pw@rogers-norton.co.uk. Our league is played on a friendly but competitive basis with no referees. The current format allows each team to play a home and an away fixture at a time and day to suit both teams. We look forward to welcoming you into our league soon.
 Larking Gowen receiving the Division 1 trophy from our Practice Manager: From Left to Right: Matt Pilgrim, Steve Van Raalte, Shaun Powley.
 TSI Structures receiving the Division 2 trophy from our Practice Manager: From Left to Right: Stephen Wright, Matthew Wright, Marty Broadwater, Scott Measures, Gavin Douglass, David Williams.
The 2009 edition of The Legal 500 has just been published and will be accessible in paper copy and online at www.legal500.com.
Rogers & Norton are once again delighted to be acknowledged in many areas of the Practice.
Some of the comments that have been made include:
Corporate & Commercial
‘one of the leading small private law firms in Norfolk, providing value for money and taking pride in caring for clients’. Richard Etheridge brings a ‘commercial and constructive approach’, a ‘detailed knowledge of the law and a personable nature’ that is appreciated by many local businesses.
Licensing
'Working with them has always been great, response times are very quick, and they have a wealth of experience’, say clients of Bruce Faulkner. It is a ‘one-stop shop’ for licensing law and property advice.
Dispute Resolution/Employment
Multi-talented litigator John Cadywould has ‘a wealth of experience coupled with a professional ethos and empathy’ in everything from libel to contractual disputes.
Phil Kerridge is ‘highly professional, very knowledgeable and can talk in layman’s terms’ to the great satisfaction of clients, who report ‘friendly, professional service’.
Personal Injury
The team at Rogers and Norton ‘focuses on the personal relationship with the client’. Tim Nobbs and Mark Hambling are recommended.
Family
Amy Walpole and Colin Grooms, a founder member of the Norwich Family Law Group, are reliable choices for ancillary relief and domestic abuse cases.
Private Client
‘a very good all-round firm for private client work’. Tom Lawrence has built a reputation for high-quality, attentive service in Catherine Hawdon’s team.
Property
Rogers and Norton is experienced in complex transactions thanks to Bruce Faulkner, Marc Greig and Robert Pyke, who represent many local businesses and property developers. Recent matters include advising in relation to a new bridge over the River Wensum, and new hangars and a helicopter terminal at Norwich Airport.
These extracts are all taken from The Legal 500 2009 edition.
"It is particularly gratifying to receive acknowledgements in The Legal 500. A substantial amount of research is undertaken with clients and fellow lawyers before the publication is written and we are therefore delighted to receive the glowing acknowledgements detailed above."
Richard Etheridge
Fundraising for Guide dogs
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Thursday, July 9, 2009
Something will be cooking at a special school in Norwich when the pupils return from their summer holidays!
The Clare School is about to have its old kitchen ripped out and a new one installed, partly funded by a £20,000 donation from Norwich based solicitors, Rogers & Norton.
It is a mixed, day Community Special School for pupils aged 3 to 19 years with special needs usually associated with physical disabilities and/or sensory impairments; many also have complex medical needs and learning difficulties.
“The current kitchen dates from the 1970s and presents us with a number of health and safety issues,” said Head Teacher, Nigel Smith.
“Now everything is being taken out and we will be having new windows, floors, cookers, units a special teaching area and all designed to be disability friendly.
“Cooking and food preparation is a vital part of the curriculum and to have modern, up-to-date facilities will greatly enhance the experience for our pupils. We will even have talking microwaves and scales to help visually impaired children.
“Work is just about to start and it will all be ready for pupils when they return to school in September.”
Added Graham Knights from Rogers & Norton, “We always look to support a local charity or good cause through money collected at our many fund raising events. The Clare School was mentioned as falling into that category so we came and met Nigel and were very impressed with the work he and his team do.
 “The kitchen certainly needed some work done to bring it up to modern standards so we are delighted the money is going to such a worthy project and I look forward to coming back in September to see it finished.”
http://www.clare.norfolk.sch.uk/
Monday, July 6, 2009
On the 24th June 2009 Rogers & Norton held its first Business Leaders Lunch at Sprowston Manor in Norwich. The event was attended by nearly 70 delegates who had lunch and then listened to guest speaker Richard Ellis of the East of England Development Agency.
Richard spoke about the opportunities that are available to businesses in the eastern region at the current time and considered the need to develop any business during times of recession, focusing upon approaches to marketing and in particular continuing to use the benefits of locality which remains very important to potential customers.
Commenting upon the future Richard highlighted the need for businesses to consider the wealth of young talent that is emerging from our educational institutions and give consideration to graduate recruitment. “It is important not to lose the hotbed of talent that exist in this region”.
Following Richard’s presentation he was joined by a panel comprising of Caroline Williams, Chief Executive of the Norfolk Chamber of Commerce and Paul Hill, Business Editor of the Eastern Daily Press. The panel, chaired by Rogers & Norton’s Managing Partner, Richard Etheridge took questions from the floor and this provoked lively debate on topics covering the networking abilities of local business, predictions as to when the economy will emerge from the recession and the benefits available to businesses in the Eastern region from the 2012 Olympic bid.
The intention is to arrange a further lunch later in 2009 with a further guest speaker.
 
Wednesday, June 17, 2009
On the 17th June 2009 the first prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 is to be heard in the Stroud Magistrates Court.
The Crown Prosecution Service have brought of Corporate Manslaughter against Gloucestershire based Cotswold Geotechnical Holdings.
The charge follows the death of a Junior Geologist who was killed in September 2008 when the sides of a pit in which he was collecting soil samples collapsed and crushed him.
In November 2008 Rogers & Norton co hosted a seminar on the impact of the Corporate Manslaughter and Corporate Homicide Act 2007. The commencement of this prosecution is an important development from this seminar and as the prosecution progresses the manner in which the Court will deal with the evidential issues under the Act will be analysed. In addition if found guilty the Court’s new powers in sentencing can also be examined.
Under the Act the Court have the power to impose an unlimited fine. The fine in accordance with sentencing guidelines may be between 2.5% and 10% of a company’s gross turnover.
Aside from the financial sanctions the Court will also have the power to force an organisation to publicise its own guilt at its own expense if found guilty.
It is also of interest that apart from the Prosecution under the new Act the company are also being prosecuted for breaches of Section 2.1 of the Health & Safety at Work Act in failing to protect the deceased. Additionally, Company Director, Mr Peter Easton, is being charged personally with the offence of gross negligence manslaughter and further breaches of the Health & Safety at Work Act.
The case will inevitably be transferred to the Crown Court for Trial and it will be important for all businesses and advisors to watch this case develop and to establish how the Court deals with the evidential issues under the new Act and, if found guilty, their sentencing powers.
We will endeavour to provide further information on the case as and when this becomes available.
If you have any questions regarding the Act or this case please feel free to contact either:
Mark Hambling (email: mbh@rogers-norton.co.uk) Tel. 01603 675668
or Phil Kerridge (email: pnk@rogers-norton.co.uk) Tel. 01603 675612
Tuesday, January 13, 2009
Rogers & Norton are proud to announce that, in partnership with Norfolk Community Law Service (NCLS), as from the 28th of January 2009 we shall be appearing live on Future Radio 96.9FM to offer a free 'Legal Hotspot' to listeners.
The Legal Hotspot is to be aired on Future Radio's Community Chest Show on the final Wednesday of every month at approximately 11 am. It is to offer listeners an opportunity to pitch their legal questions in advance of the show for lawyers to answer live on air.
As far as we are aware this is the first collaboration of its type in the Norfolk area. We are hopeful that along with answering a number of legal problems the Legal Hotspot will also assist in increasing the general awareness of Future Radio's listeners to the legal services that are on offer locally.
The free Legal Hotspot concept was developed by Future Radio in collaboration with NCLS and Rogers & Norton's Tom Lawrence, who is a solicitor in our Private Client Department. Tom said "I would like to thank NCLS and Future Radio for all of their help in making the idea a reality. It has taken a lot of time and considerable effort to bring it all together, but I am hopeful that it will provide listeners with a useful forum for obtaining answers to those thorny legal issues which we all come across from time to time."
Mark Hambling, who is a partner and member of the marketing development team at Rogers and Norton, said "We are very appreciative of Tom's hard work and dedication in seeing his idea through to what we are sure will become a successful relationship with both NCLS and Future Radio. We hope that the Legal Hotspot shall become a show not to be missed by listeners!"
Please watch our website www.rogers-norton.co.uk for future details. If you would like to listen to the podcasts of the shows, they will be made after the monthly shows on the Future Radio website ( www.futureradio.co.uk ). Posted by Rogers and Norton Solicitors at 8:18 AM
Labels: community , free legal advice , local , mark hambling , radio , tom lawrence
Monday, December 22, 2008
As part of Rogers & Norton's continuing drive to keep clients and professional contacts up to date with legal developments, we can advise that the Ministry of Justice has announced that as from the 1st February 2009 married couples/civil partners whose spouse/civil partner dies without leaving a Will, are set to benefit from an increase in the statutory legacy limits under proposals published by the government.
The limits are currently set at £125,000 where the deceased leaves a surviving spouse/civil partner and children, and £200,000 where the deceased leaves a surviving spouse/civil partner and parents or siblings, but no children. The limits have not been increased since 1993.
It is proposed that the new levels of the statutory legacy will increase to £250,000 and £450,000 respectively. The statutory legacy is the amount payable to a surviving spouse/civil partner from the estate of his/her partner who dies intestate, that is, without leaving a Will.
Justice Minister Bridget Prentice said:
"This increase will give extra protection to married couples and civil partners whose spouse or civil partner dies without making a Will. But it also highlights how important it is for men and women to make arrangements for their loved ones in the event of their death.
Married couples and civil partners should not assume that when their spouse or civil partner dies, they will automatically be entitled to everything. It is up to the individuals to make sure that their wishes are respected by making a Will.
My message to people is, don't leave it to chance. Make sure your loved ones are properly provided for by leaving a Will."
Tom Lawrence, a solicitor in our Private Client Department, said "The amendments to the statutory legacy limits are a welcome change. However we strongly urge people against placing any reliance on these provisions and continue to advise all our clients that making a Will is a sensible and prudent step to take as soon as possible."
If you have any queries on this subject please do feel free to contact our Private Client Department by either email to willsrogers-norton.co.uk or by telephone on 01603 666001. Posted by Rogers and Norton Solicitors at 8:41 AM Labels: intestacy , law , news , tom lawrence
Friday, December 12, 2008
Cancer care in Norfolk has been given a boost thanks to the efforts of over 100 golfers who took part in a special event in aid of Macmillan Cancer Support. A total of £3,100 was raised at the Rogers & Norton Charity Golf Day held at Bawburgh as part of Macmillan's 'World's Biggest Coffee Morning' event. "The money will now be used to provide better care and information for the people of Norfolk," said Helen Chapman, Macmillan's Fund Raising Manager. "We have a mobile information centre which tours the villages and market towns of Norfolk and last year we gave grants of over £70,000 to cancer sufferers in the county. Our thanks go to Rogers & Norton for their valuable support."
Added Graham Knights from Rogers & Norton, "Unfortunately almost everyone will know someone who has been affected by cancer and that's why people responded most generously on the day to support the fantastic work Macmillan continues to do, we are already planning to run a similar event next year."
Posted by Rogers and Norton Solicitors at 7:34 AM Labels: charity , community , golf , golf day , graham knights , media , press release
On the 26th November 2008 Rogers & Norton in conjunction with Heath Lambert Group hosted a seminar on the impact of Corporate Manslaughter and Corporate Homicide Act 2007.
The seminar at Dunston Hall was attended by over 70 delegates and involved presentations by Mark Hambling and Phil Kerridge, both partners in the practice. Phil analysed the law prior to the 2007 Act coming into force on the 6th April 2008 and considered the law which remains in place following the Act and the current sentencing regime under the Health and Safety at Work legislation.
Mark analysed the new Corporate Manslaughter and Corporate Homicide Act 2007 and provided an overview as to what will need to be proven for a successful prosecution and advised on the steps that employers should take so as to ensure that they do as much as possible to avoid prosecution in the unfortunate event of a fatality in the workplace
Commenting on the seminar Mark Hambling indicated that "Rogers & Norton were delighted to be able to co-host this seminar with Heath Lambert and analyse both the legal and insurance issues. The seminar was very popular and clearly demonstrated the awareness of local businesses as to the impact of this Act and the need to be pro-active in ensuring compliance with the legislation".
Following the seminar both Mark and Phil indicated that they are more than happy to discuss, without obligation and initially without charge, the impact of the new Act should any delegate wish to make contact
Although the seminar has now concluded, both Mark and Phil will be happy to answer any further questions on the impact of the Act and can be contacted on the details listed below.
Philip Kerridge
Telephone: 01603 675612
Email: pnk@rogers-norton.co.uk
Mark Hambling
Telephone: 01603 675668
Email: mbh@rogers-norton.co.uk
The Norwich Business Houses League is starting its 85th season in rude health with 32 teams split across three leagues and a continuing determination to be at the very heart of grass roots football.
It is also the ninth season it has been sponsored by Norwich based solicitors Rogers & Norton and in recognition, the firm's Practice Manager, Graham Knights is a League Vice-President.
"We are proud of the long tradition we continue," said League Chairman, Michael Banham. "We believe the values of the League when it started in
1924 of fair play, healthy competition and fun are still being carried on today. It is also good to see many teams featuring father and sons, that's why we believe we are carrying on the tradition of true grass roots football."
That spirit of fair play is also extended to referees. After matches each team is required to give marks on the referee's performance and last season Iain Banham, who has been the man in the middle for five years, took top spot and received the ROGERS & NORTON Referee's Cup and a special engraved tankard .
"Referees are often forgotten but without them there would be no league," said Mr Banham. "So we like to recognise the vital role they play.
"We are also grateful for the continuing support of Rogers & Norton which helps ensure we continue to run the league and can provide trophies for the top teams. In light of this we were delighted that Graham Knights accepted our invitation to become Vice-President."
Added Mr Knights from Rogers & Norton, "We see our sponsorship as putting something back into the local community and helping to ensure players of all levels and abilities can continue to enjoy a game of football at the weekend."
The Norwich Businesses Houses League was started in 1924 with the then thriving shoe industry being a major driving force and the founding rule that all teams must be within 10 mile radius of the Norwich Inner Ring Road still holds. Today the 'Shoe Trade Cup' remains the most coveted oF the League's annual trophies.
Last season it was a clean sweep for Drayton FC who did the Treble by winning DIVISION ONE, The SHOE TRADE Cup AND DIVISION ONE LEAGUE CUP. They will be working hard to defend their trophies this year.
To help improve the energy efficiency of buildings and to reflect legislation, the Energy Performance Certificate (EPC) was first introduced for the marketed sale of homes as part of Home Information Packs.
From 1st October 2008 the legislation was widened to state that in the event of completion of construction, sale or letting of all buildings (with some small exceptions), an EPC will need to be provided. This includes all commercial properties and homes, including those being let on assured shorthold tenancies.
All sellers and landlords will be legally required to show prospective buyers or tenants an EPC prior to selling or letting their property. Those who do not produce an EPC when required could be fined £200 but must obtain an EPC or risk further fines or penalty charge. In most cases this will be fixed at 12.5% of the rateable value of the building capped at a maximum of £5,000.
If you require any more information or want us to put you in touch with an assessor, please contact Bruce Faulkner (01603 675608 / bwf@rogers-norton.co.uk) or Marc Grieg (01603 675617 / mcg@rogers-norton.co.uk).
Making best use of all available forms of communication in helping to get your business message across to clients and customers (both new and existing) has always been important and, perhaps, even more so than ever before in view of the current economic climate.
As part of Rogers and Norton’s continuing drive to embrace all forms of up to the minute communication, this week saw Tom Lawrence, who is a Solicitor in our private client team, take part in the first ever BNI meeting in the UK where members “60 second” presentations were digitally recorded to video before being placed on the internet website site YouTube for all to view.
Mark Hambling, who is a partner and member of the marketing development team at Rogers and Norton, said “as a firm Rogers and Norton are committed to utilising all advances in media technology to enhance our communication with our existing and potential clients, contacts and increase access to the legal profession”.
Since January 2007 the Companies Act 2006 (“the 2006 Act) has gradually been replacing the Companies Act 1985.
Changes introduced in April 2008 may affect the articles of association of your company and this is set to continue with further sections of the 2006 Act due to be implemented on 1 October 2008.
Particular changes introduced so far include:
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Removing the requirement for private companies to hold an annual general meeting;
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The calling of meetings on 14 days notice for a private company or public company (except for annual general meetings which require 21 days notice);
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Removing the requirement to have a company secretary for private companies;
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New provisions making the use of written resolutions easier;
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A procedure to approve conflicts of interest;
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The introduction of dispute resolution clauses;
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The ability to use electronic communications.
Although the 2006 Act introduces changes. For an existing company formed prior to the introduction of the changes to take the benefit of these it may be necessary to amend its Articles of Association. We can prepare the necessary paperwork for the company.
Other changes introduced by the 2006 Act which you should also be aware of include:
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The codification of directors duties;
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Enforcement by the company against directors for breach of their duties;
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The possibility of claims being brought against directors by
shareholders on behalf of the company;
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The ability for one director to sign deeds on behalf of the company;
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The need for all electronic communications to include the company's name, number and address of registered office.
If you would like any further advice on this area or would like us to amend your Articles of Association in line with the new legislation please contact Lauren Coleman for further information.
Lauren Coleman
01603 675605
lrc@rogers-norton.co.uk
We also advise on a wide variety of commercial matters including the sale and purchase of businesses and shares in companies, shareholders agreements, franchise agreements, partnership agreements, general commercial contracts, commercial property and ancillary matters.
Since 2007 the Ministry of Justice have consulted on reforms to the Personal Injury Claims process to achieve a quicker process where appropriate and more proportionate costs. The outcome of the consultation was published on Monday 21 st July 2008.
Several changes are proposed, aimed at speeding up the process and several options considered have been discontinued due to the force of representation. The key changes that may affect the client pursuing or resisting a personal injury claim are as follows:
The small claims track limit for personal injury claims which has been set at £1,000 for the value of the injury claim for some time will not increase.
The limit on fast track claims currently set at £15,000 will be increased to £25,000.
There will be a new claims process for road traffic accident claims where the value of the claim is £10,000 or less and there is no dispute on liability, the cause of the injury or allegations of contributory negligence. This process will be accompanied by a fixed recoverable cost system to regulate the level of costs that can be recovered.
Commenting upon the changes, Mark Hambling, a Partner in the firm’s Personal Injury Department indicated that he welcomes the Ministry of Justices’ decision to maintain the small claims limit for personal injury claims at £1,000.
“This is important in ensuring that those that unfortunately suffer personal injury claims have the ability to pursue their claim with the advice and representation of a qualified lawyer without their claim being at risk of falling into the small claims track. The initial proposals considered increasing the small claims limit for personal injury claims to £5,000 which would have prevented many cases being dealt with by solicitors and this would have significantly curtailed the access to justice for those suffering injury.”
Whilst it was perhaps inevitable that the fast track limit was going to increase, it is hoped that this will improve the speed in which relatively straightforward personal injury claims can be resolved. It is however of some concern that under the proposed reforms there is no procedure whereby complex claims which may have a value less than £25,000 but which are complex on the issues and more suited to the multi track procedure can be moved from the fast track to the multi track. This may lead to further litigation before the Court in arguing whether a case should be transferred even though the value falls within the new fast track claims limit. It will be interesting to see how Judges react to such applications.
THE NEW ROAD TRAFFIC CLAIMS PROCEDURE
This new procedure will create a system where the solicitor representing the Claimant will need to send a notification of claim to the Defendant within 5 days of obtaining all of the information required. The insurer then has only 15 days in which to respond within an indication on liability and no extensions of time are likely to be allowed. In effect in a relatively short period of time in a road traffic accident case where the value will not exceed £10,000 the insurer will have a very short period of time in which to consider liability and confirm whether this is admitted. There will then be processes whereby the solicitor would put together the medical evidence and prepare a settlement pack to send to the insurer who will then have a further 15 working days upon receipt of the pack to accept or reject an offer to settle. It is quite clear that this new process could significantly speed up the claims process however there will be a need for caution to be exercised by the solicitor to ensure that all of the medical evidence is accurate and the prognosis clear before advising a client on a full and final settlement.
It must also be noted that under this procedure, if the insurer denies liability, argues to any degree that the person bringing the claim was responsible or denies that the injuries were caused by the accident, the claim will fall out of this new procedure and proceed in line with the current process, more likely than not within the fast track limit.
CONCLUSIONS
It should be welcomed that the Ministry of Justice have maintained the small claims track limit and it is hoped that the new road traffic accident claims process will be a success. However there must be some concern that in relation to both this new process and the new fast track limit that this will include claims that are complex and perhaps not completely suited for a streamlined process. It is therefore hoped that there will be some provisions for claims that are unsuitable for the process on the issues to be moved into the multi track where appropriate.
It is however disappointing that in relation to the reforms the Ministry of Justice have not considered whether provision could be made for the better implementation of the Rehabilitation Code of Best Practice. It is as important that a Claimant receives early treatment and management of an injury at an early stage as it is that they are suitably compensated at the conclusion of the claim. It is therefore disappointing that the Code of Best Practice on Rehabilitation, which is at the moment part of the Personal Injury claims Protocol was not mentioned in the proposed reforms. It is also disappointing that the reforms do not further emphasise the need for early interim payments in suitable cases and in particular in larger claims. In the absence of any mention of this in the reforms it is likely that in the event of an insurer not voluntarily agreeing to an early payment on account, Court proceedings to seek an interim payment will have to be issued.
Finally there is no timescale in terms of the implementation of these proposals and it is therefore necessary to “watch this space” as to when the proposals are implemented and what, if any, changes are made between now and the implementation”.
For further information on the proposed changes or to discuss any specific case that you may wish to advance or defend please contact Mark Hambling on 01603 675637 or mbh@rogers-norton.co.uk.
Energy Performance of Buildings
(Certificates and Inspections) (England and Wales) Regulations 2007.
From 1 July 2008 the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 will mean that any buildings that are sold, rented or built may need an Energy Performance Certificate to reflect the energy performance of the building.
If a building has a total floor area in excess of 2,500m then you will, subject to limited exceptions, be required to hold and make available an Energy Performance Certificate at the request of a prospective tenant or client if “energy is used to condition the indoor climate” for example by air conditioning or heating.
If you think these changes may affect you or one of your clients and require any further details or if you have any questions about how to comply with these changes please contact Bruce Faulkner for more information.
Bruce Faulkner
01603 675608
bwf@rogers-norton.co.uk
http://www.rogers-norton.co.uk/
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Tom, who qualified as a solicitor five years ago, joined R&N in 2007 and specialises in wills, probate, trusts, inheritance issues and powers of attorney.
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