8
THE NEWSLETTER OF NAPTHENS SOLICITORS SUMMER 2017 ISSUE NINETEEN Napthens advises in Ludlow MBO A team from Napthens solicitors has played a major role in the management buy-out of Ludlow Wealth Management Group. Special report: ‘Boomtown Preston.’ Pages 4&5 Napthens has worked closely with Ludlow for a number of years, advising the business on a number of its acquisitions and together forming Napthens Wealth Management in 2013. Now Ludlow, which has more than £850million of assets under management, has been acquired by its management team with the backing of Mobeus Equity Partners. The acquisition has seen managing director Ian Hemingway and business development director David Hardman take over the business from Sid Ludlow, who founded the business in 1993. Sid has retired from day-to- day involvement in the business but retains a minority shareholding. Under its new owners, Ludlow will build its regional focus and assets under management and will continue to work closely with Napthens. (L-R) Keith Melling of Napthens, David Hardman of Ludlow and Andrew Stubbs of Seneca at Ludlow’s Southport headquarters. Business Roundup Rob Johnston, Chief Executive of the Cumbria Chamber of Commerce, looks at how the county’s business community is performing. page 2 Recycling Lives Making a difference through running a successful business. page 6 Export success Merseyside’s Joloda is championing the region as an exporter. page 3 Face2Face Discussing whether the Northern Powerhouse project remains relevant in 2017. page 7 Best foot forward How dancing has made a difference to Napthens’ Julie Duane. page 8 A team from Napthens’ Corporate department, led by partner Keith Melling, advised the shareholders on the sale and MBO. Keith said: “Ludlow Wealth Management has built a great reputation in the region and beyond over almost 25 years. This is the reason why we asked them to support us in providing wealth management advice to our clients. “Our strategic relationship with Ludlow has meant that our clients have access to specialist expertise delivered by Napthens Wealth Management helping them to achieve their short and long term financial objectives. “With Ian and David at the reins, Ludlow as a business will continue to grow and the MBO will ensure a continued first-rate service for our clients. Ludlow’s values have always been closely aligned to our own and we all look forward to seeing the business continue to develop as it enters the next stage with further funding from Mobeus.” Mobeus was introduced to the transaction by Seneca Corporate Finance who advised the vendors and management. Ian Hemingway, managing director of Ludlow Wealth Management, said: “Ludlow takes pride in helping our clients make the right choices, enabling them to achieve financial peace of mind. “This proven client focus is a key differentiator for the business and is increasing our market share, as well as making us an attractive acquirer for financial advisory businesses that share our passion for putting the client first. ”We enjoy working with the Napthens corporate team as they bring professionalism and knowledge as well as the practicality of being able to get an agreement done.” Chris Price, partner at Mobeus, said: “Ludlow Wealth has a strong track record of organic growth and successfully integrating acquisitions of different sizes. “We believe that there is a place in the market for a consolidator who is not looking to push acquired clients into discretionary funds but instead provide focused advisory services that deliver against the clients’ own goals. “This is a great business for us to support and we’re looking forward to working on more deals in the future with the corporate team at Napthens.” in : brief napthens.co.uk

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Page 1: THE NEWSLETTER OF NAPTHENS SOLICITORS...THE NEWSLETTER OF NAPTHENS SOLICITORS SUMMER 2017 ISSUE NINETEEN Napthens advises in Ludlow MBO A team from Napthens solicitors has played a

THE NEWSLETTER OF NAPTHENS SOLICITORS

SUMMER 2017ISSUE NINETEEN

Napthens advises in Ludlow MBOA team from Napthens solicitors has played a major role in the management buy-out of Ludlow Wealth Management Group.

Special report: ‘Boomtown Preston.’ Pages 4&5

Napthens has worked closely with Ludlow for a number of years, advising the business on a number of its acquisitions and together forming Napthens Wealth Management in 2013.

Now Ludlow, which has more than £850million of assets under management, has been acquired by its management team with the backing of Mobeus Equity Partners.

The acquisition has seen managing director Ian Hemingway and business development director David Hardman take over the business from Sid Ludlow, who founded the business in 1993. Sid has retired from day-to-day involvement in the business but retains a minority shareholding.

Under its new owners, Ludlow will build its regional focus and assets under management and will continue to work closely with Napthens.

(L-R) Keith Melling of Napthens, David Hardman of Ludlow and Andrew Stubbs of Seneca at Ludlow’s Southport headquarters.

Business RoundupRob Johnston, Chief Executive of the Cumbria Chamber of Commerce, looks at how the county’s business community is performing.

page 2

Recycling LivesMaking a difference through running a successful business.

page 6

Export successMerseyside’s Joloda is championing the region as an exporter.

page 3

Face2FaceDiscussing whether the Northern Powerhouse project remains relevant in 2017.

page 7

Best foot forwardHow dancing has made a difference to Napthens’ Julie Duane.

page 8

A team from Napthens’ Corporate department, led by partner Keith Melling, advised the shareholders on the sale and MBO.

Keith said: “Ludlow Wealth Management has built a great reputation in the region and beyond over almost 25 years. This is the reason why we asked them to support us in providing wealth management advice to our clients.

“Our strategic relationship with Ludlow has meant that our clients have access to specialist expertise delivered by Napthens Wealth Management helping them to achieve their short and long term financial objectives.

“With Ian and David at the reins, Ludlow as a business will continue to grow and the MBO will ensure a continued first-rate service for our clients. Ludlow’s values have always

been closely aligned to our own and we all look forward to seeing the business continue to develop as it enters the next stage with further funding from Mobeus.”

Mobeus was introduced to the transaction by Seneca Corporate Finance who advised the vendors and management.

Ian Hemingway, managing director of Ludlow Wealth Management, said: “Ludlow takes pride in helping our clients make the right choices, enabling them to achieve financial peace of mind.

“This proven client focus is a key differentiator for the business and is increasing our market share, as well as making us an attractive acquirer for financial advisory businesses that share our passion for putting the client first.

”We enjoy working with the Napthens corporate team as they bring professionalism and knowledge as well as the practicality of being able to get an agreement done.”

Chris Price, partner at Mobeus, said: “Ludlow Wealth has a strong track record of organic growth and successfully integrating acquisitions of different sizes.

“We believe that there is a place in the market for a consolidator who is not looking to push acquired clients into discretionary funds but instead provide focused advisory services that deliver against the clients’ own goals.

“This is a great business for us to support and we’re looking forward to working on more deals in the future with the corporate team at Napthens.”

in:briefnapthens.co.uk

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The GDPR affects all businesses and organisations holding personal data on European citizens, regardless of where in the world they are located.

So how can you prepare for the deadline? If you are just starting the process of ensuring compliance, then the following steps should be considered:

Awareness

The GDPR is not just a marketing or IT issue. It affects every aspect of your business and everyone needs to be aware of their responsibilities to keep personal data secure (in fact less than one tenth of the GDPR is concerned with IT security).

Do you and your employees understand your responsibilities – and the potential consequences of non-compliance?

Unemployment has fallen steadily and, in Eden and South Lakeland, we now have pretty much full employment. The official claimant count rate in South Lakeland is 0.6 per cent, one of the lowest in the UK.

Employers in these areas can face real difficulties in recruiting staff. This is why the hospitality industry, in particular, is heavily dependent on migrant workers.

When outsiders think of Cumbria, they think of the Lake District and farming. Agribusiness and tourism are hugely important to Cumbria, of course. Tourism is worth £2.72bn a year and is likely to receive a boost from Unesco’s recent decision to

in:brief welcome

Welcome to the latest edition of in:brief, which brings you legal updates along with in-depth features and profiles.

In this edition we meet two booming businesses, Napthens’ clients – Merseyside-based Joloda International Loading Systems and Preston’s very own Recycling Lives.

Joloda, recently acquired in a buyout, has made a business of exporting world-class engineering products, and Recycling Lives is dedicated not just to making a profit, but also to returning people to independent living.

Our experts take a look at a number of hot topics, from the General Data Protection Regulation set to be introduced in 2018, to the basics of financial planning and the use of arbitration to resolve disputes.

Our in-depth report this edition examines ‘Boomtown Preston’ and how a city undergoing significant transformation is looking to set itself apart from its more famous neighbours like Liverpool and Manchester.

Speaking to the local business community, including Councillor Peter Rankin, the leader of Preston City Council, in:brief looks at the hard work being done to ensure Preston remains a successful destination for businesses, and what is in store for the city.

Picking up the theme of making a success of our region, this edition’s Face2Face feature sees Napthens’John Whittingslow meet with president of the East Lancashire Chamber of Commerce, David Sharpe, to discuss the Northern Powerhouse project and whether it remains relevant.

Finally, we also feature the latest news from Napthens including an update on our charity activity, and on a lighter note, hear how dancing has influenced our employment law advocate, Julie Duane.

Do let us know if you have any feedback on the articles featured in this edition, and I hope you enjoy reading.

2 in:brief SUMMER 2017 www.napthens.co.uk

Give Data Proper Respect: The GDPR is coming

Cumbria’s economy is in pretty good shape.

Specialist technology lawyer Philip Brown looks at European data protection laws, set for the biggest shake up in 20 years when the General Data Protection Regulation comes into effect on May 25, 2018.

Kimberley Barrett-St. Vall, Employment & HR partner

An update from Cumbria

Contact: 0845 22 600 40 www.cumbriagrowthhub.co.uk

make the Lake District a World Heritage Site.

This should bring more overseas visitors, particularly from emerging economies such as China and India.

But outsiders might be surprised to learn that Cumbria has a strong manufacturing sector, some of it highly advanced and innovative. The county boasts Europe’s second biggest biscuit factory – McVitie’s in Carlisle – while the Pirelli tyre plant, also in Carlisle, supplies tyres for 4WD and performance cars for the likes of Porsche, Mercedes and Maserati.

Innovia at Wigton produces the polypropylene material for the Bank

of England’s £5 polymer banknote, introduced last year, soon to be followed by £10 and £20 notes. Polymer notes last longer and are much harder to counterfeit than conventional paper bank notes.

SIS Pitches in Maryport is supplying the hybrid pitch that will be used for the 2018 World Cup final in Moscow. And BAE Systems in Barrow is building the Vanguard Class submarines to carry the UK’s nuclear deterrent, while in Sellafield we have the world leader in nuclear decommissioning and reprocessing nuclear waste.

That’s quite a list, and these are just examples.

The big names are complemented by thousands of SMEs, which make up the backbone of the county’s economy. There are challenges of course, not least substandard east-west road links and issues around inadequate broadband and mobile phone coverage.

There was bad news recently as GSK cancelled a £350m plan to build a new pharma antibiotic plant at its site in Ulverston, which could have doubled the workforce there to 500. And there are doubts about a £10bn plan to build a new nuclear power station at Moorside, next

to Sellafield, after its main backer, Toshiba was engulfed by a financial crisis.

We remain convinced that Moorside will go ahead, in all likelihood with the Korean power company Kepco replacing Toshiba. Moorside will generate more than 7 per cent of the UK’s electricity and is therefore vital to energy security.

There is also the prospect of an underground repository in West Cumbria to store the UK’s high and intermediate-level nuclear waste, most of which is already at Sellafield. If it comes off, this would be the UK’s biggest civil engineering project since the Channel Tunnel.

And there is a new Enterprise Zone at Kingmoor Park, Carlisle, and the prospect of scheduled flights from Carlisle Airport to London Southend, Belfast and Dublin next year, the latter with onward connections to the US.

So Cumbria is a land of opportunity. Our role at the Chamber is to help businesses seize those opportunities.

Information audit

The starting point for all businesses needs to be to consider what personal data you hold, where it came from and what is done with it. This then enables you to consider who is the data controller or data processor of that information, and what their legal obligations are in respect of such data.

Lawful basis for processing

Once you know what personal data you are holding, then you can identify the grounds that you are relying on to process it, and should document it.

This may be in privacy information notices and/or policies, terms and conditions, contracts or elsewhere depending on the nature of the data itself. If you cannot identify and demonstrate a lawful basis for the

processing, then the personal data should be deleted.

The actions that follow will be dependent on the personal data held, how you use it, and potential risks. For most businesses, it will mean reviewing policies and procedures (both internal and external), staff training, and amendments to contractual documents.

There is no ‘one-size-fits-all’ solution, and nor is there a magic bullet that will guarantee compliance. IT systems and documentation will help, but your frontline defence for data privacy will always be your people.

Engage with them, train them, support them and there’s a good chance that it won’t be you making the headlines as the latest business to breach data protection law.

Over the coming months, Napthens will be providing a series of articles giving practical advice on how to ensure GDPR compliance and will be speaking at various events around Lancashire and Cumbria.

Contact: [email protected] 01772 904292

Philip Brown

Rob Johnston, Chief Executive of Cumbia Chamber of Commerce

welcome / business roundup / legal update:

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Peel Hall Business Village, Peel Road, between Lytham St Annes and Blackpool, has been acquired by MCS Properties, a local family-run business.

The acquisition will bring with it improvements and growth for the site, after the new owners revealed they are now working on a three to four-year development masterplan.

The rural 12-acre site is very close to Junction 4 of the M55 and currently provides multiple parking for 10 local businesses carrying out both commercial and industrial activities.

The company is operated by the Brook family, who also founded Lytham-based Calderbrook Construction, which has also developed sites on Amy Johnson Way in Blackpool and St George’s Court in Kirkham.

For a business now distributing across the world with export agents in more than 20 countries, a change at the top has meant the business has renewed focus and plans for the future.

A recent Buy-In Management Buy-Out saw the arrival of a new, investing CEO in Michele Dematteis, bringing a track record of developing and growing SME manufacturing companies.

Back in 1962 the original and now industry-famous Joloda skate and track system was created for the manual assisted movement of loads within vehicles.

This system won the company the prestigious Design award in 1977, and developed further over the years with hydraulic and modular systems subsequently added.

Distribution and haulage specialists – customers include the likes of BMW and Inbev – now rely on Joloda’s loading systems. The products have become the equipment of choice for applications as varied as moving palletised loads

Fylde deal / Joloda profile / HR service expands:

SUMMER 2017 in:brief 3www.napthens.co.uk

HR service expands Property team advises on

Fylde business village dealA well-known Fylde business village, home to ten local companies is set to be improved thanks to a deal led by Napthens’ Commercial Property team.

Since 1962, Merseyside-based Joloda International Loading Systems has cemented its reputation for world-class engineering products.

Client profile – Joloda

The business was advised on the acquisition by a team from Napthens solicitors led by Paul Hardy, head of Commercial Property, and including solicitor Sophie Coane and trainee solicitor Matthew Parr.

Paul Hardy said: “This site has great potential and the Brook family have the resources and ideas to develop it and make a real success out of the business village.”

Chris Brook added: “We’re committed to help with the continuing growth and demand of businesses within the Fylde coast and are already receiving plenty of interest in the site.

“There is also a lot of work to carry out. So far we’ve spent time on ground work to tidy the area up, but we’re planning drainage work, landscaping and developing the existing units.

“We’re working with the council and are keen to create a master plan for long-term, sustainable growth for the site that will have the potential to create a number of new jobs for the area.”

Agents for the sale of the business village were Duxburys Commercial led by Adam Taylor. Paul Walton from PWA Planning also advised.

Napthens’ popular employer protection scheme, HR3, is expanding to offer clients access to further services including managing staff absence.

HR3 was created as a complete solution for employers, allowing them to manage their employment risks cost effectively through a fixed fee, annual retainer package.

The service has grown significantly in recent years, and offers benefits including 24 hour access to HR and legal resources and one to one advice from specialist employment lawyers.

Now a number of new services are being launched.

Chris Boyle, head of Employment and HR at Napthens, said: “Whether it’s insurance against compensation awards, HR on-site consultancy or access to commonly-required templates and paperwork, HR3 has become one of Napthens’ most popular offerings for employers as the service is tailored to the size and needs of the business.

“We are always reviewing the service we offer, and these latest additions should make a real difference to our clients’ businesses.”

The latest offering from HR3 is AbsenceScope, an automated holiday and sickness management system powered by the successful e-days software.

Clients can have 24/7 access to information including absence records from any PC, mobile or tablet device. The service includes online holiday booking and automated absence tracking mechanisms.

The HR3 team has also partnered with leading insurance provider NFU Mutual to offer risk management services including a health and safety support service, risk assessments, health and safety policy, fire risk assessments, consultancy and staff training.

Finally, HR3’s popular resource, iToolkit, has become a standalone service for a monthly subscription of £99 (+VAT) for those who don’t require additional support.

The iToolkit is an affordable solution for HR managers requiring instant access to information including fact sheets, guidance notes, contracts of employment, training videos and template letters.

within trailers, to paper reels for the newspaper industry, and weapons handling systems for military users.

Since the sixties the company has grown to consist of the original core business in Garston, Liverpool, plus other divisions in Anglesey, the Netherlands, USA and Brazil. A network of agents distributes to more than 20 countries.

Michele said: “Our business is export-driven, there’s no doubt about it. More than 80 per cent of our business comes from overseas markets, so we will definitely be looking at new markets along with new products.

“We have some great ideas here, and we’re constantly looking at new innovations and products – they really are world-class – and we’re keen to build on the reputation that has been built up with so much hard work.”

A team from Napthens solicitors including Keith Melling and Gareth McIntegart advised on the Buy-In Management Buy-Out which saw Michele take the helm at Joloda.

He was joined in the BIMBO by Alec McAndrew, Joloda’s operations director, and Wouter Satijn, international sales director.

The new board will build on the position the company holds in the specialist market it serves – so far more than half-a-million loading systems have been supplied across the globe. Currently, more than 100 staff work for Joloda.

Michele added: “We’re always looking at ways we can innovate, and our customers are always looking at ways their work can be made easier and safer.

“We’re in a great position and we all want to build on it.”

www.joloda.com

Contact us:We welcome your feedback and comments on any of the articles in this issue of in:brief. Feel free to drop us a line at [email protected] or visit our in:brief page on our website, www.napthens.co.uk/inbrief.

Follow us on Twitter @NapthensOnline See us on LinkedIn

The Jaloda management team

Peel Hall Business Village’s new owners have big plans

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4 in:brief SUMMER 2017 www.napthens.co.uk

Boomtown PrestonPreston has its own story to tell.Gone are the days when politicians and the business community were struggling to establish the busy, vibrant destination as ‘the third city of the North’ after Manchester and Liverpool.

The ‘hangover’ following the build-up and collapse of the Tithebarn scheme is also beginning to fade, and both the public and private sectors alike are now looking to the future with renewed optimism.

Hundreds of millions of pounds worth of projects are due to take place in the city in coming years – the £430million City Deal to improve infrastructure, UCLan’s £200m campus redevelopment, and a £50m scheme to develop a new leisure and retail offering in the market quarter are all signs that Preston is an attractive place to invest.

But can this historic city – the birthplace of the industrial revolution and still the administrative centre of the county – be all things to all people? And what does the future hold?

Peter Rankin, leader of Preston City Council, said the hard work of recent years has paid off, but the focus of investment is changing.

He explained: “We have a good story to tell. We’re not in the business of competing with Liverpool and Manchester, but having said that, a lot of investors

Both the public and private sectors alike are now looking to the future with renewed optimism.

Councillor Peter Rankin David Robinson Matt Eastham Tom Fox Simon Turner

ensuring the success of the council’s City living strategy.

Matt said: “For a decade we’ve been bringing developers to Preston and saying, let’s do something. Finally the penny seems to have dropped and there has been unprecedented interest in sites a cross the City.

“We are seeing more graduates remaining in Preston after graduation and more tellingly an increase in young professionals moving back from the likes of Manchester and Leeds. For 20 years we’ve seen it happen the other way round, so it’s a noticeable change.”

who have perhaps looked at Manchester as an option are indeed seeing Preston as the next big place to invest in.

“But don’t forget, it’s been a lot of hard work getting to this point. We had a very big regeneration programme that by the time I became leader was just about to collapse because of the global financial crisis in 2008.

“Retail as a sector still hasn’t got the importance it once had, so the key is trying to make the city centre attractive to both businesses and the public in a number of different ways to keep the offering fresh.

“For instance, the council is putting money into the Harris Museum which we consider to be the jewel in Preston’s crown. We have tremendous assets like this across the city, there’s no doubt about

it, and there is a real buzz about Preston.”

For others, the private sector has a large role to play in ensuring the Preston of the future is as successful as the Preston of the past.

David Robinson, managing partner at architects, surveyors and designers Frank Whittle Partnership, points to entrepreneurs including Simon Rigby, owner of various ventures including the Preston Guild Hall, as a prime example.

According to David, the private sector is very optimistic.

He said: “Because of entrepreneurs like Simon Rigby who can be seen to be getting things done quickly, the climate is very favourable for development and progression of the city.

“Compared with Manchester prices, perhaps less so Liverpool, Preston is a far more viable place to get things done and to build things for many developers.

“In Manchester the rent can be very pricey and the buildings being built are also very pricey. We shouldn’t try to compete with that. We will inevitably benefit from the fact that not everybody can work in central Manchester, and our access is as good as it gets for those who might want to commute.”

The attraction of Preston over its sometimes better known regional rivals shouldn’t be underestimated. Just a short trip down the motorway, and boasting similar journey times to London, Preston is proving a popular destination for students too.

In the past half the battle has been to make the city attractive enough for students to stay on in Preston after they graduate, and prevent the so-called ‘brain drain’ common to many university cities and towns.

Matt Eastham is managing director of Easthams & Co, offering residential property management, block management and corporate relocation.

He believes that whilst the initial signs of regeneration can clearly be seen there is still a lot of work to be done attracting major employers into the City centre which is key to

Special Report: Preston

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SUMMER 2017 in:brief 5www.napthens.co.uk

Special Report: Preston

Martin Beardsworth

For Coun Peter Rankin, one driving force in the city has been the links between the public and private sectors: “We don’t see it as anything other than an equal partnership. We’re trying to ensure that the investment is put in place to encourage the private sector to come in, and help and support them when they do.”

A prime example of the public and private sectors coming together can be seen in the centre of Preston – the city’s leafy Winckley Square is benefiting from a £1.2m investment led by the WInckley Square Community Interest Company (WSCIC).

Simon Turner, cofounder and director of the WSCIC, said: “There is a real hunger and appetite to see Preston evolve as a city.

“We’re seeing the private and public sector work closer together than ever before. With funding cuts in local authorities it’s the only way forward.

“We’ve seen the benefit of this through the Winckley Square project which has seen the private sector work together with Preston City Council, LCC and Preston BID to achieve this spectacular result.

“This particular project should be seen as the start and not the end. We are now working with authorities to see how we can leverage this success and see further regeneration in the surrounding district which will see the area become its own distinct city district, something that we see in cities across the world.”

David Robinson of FWP agrees. He said: “The best local authorities do work very closely with the private sector, doing everything they can to facilitate and coordinate.

“The public sector obviously has restrictions, and they don’t see the private sector as something to be afraid of, and Preston is getting very good at this approach.”

Martin Beardsworth, Commercial Property partner at Napthens, said the housing market has had an important part to play in ‘re-energising’ Preston, with developments back on track at a rate not seen for several years.

Banks too, previously reticent to lend, are once again becoming more involved and showing a keen interest in projects.

Martin said: “We haven’t seen enquiries like it for a long time; we’re being approached by landowners about developments that might lead to significant numbers of houses.

“There’s also a similar, increasing need for serviced apartments and student accommodation too as the university continues its expansion plans.

“There is no doubt the City Deal has created a lot of interest in Preston as a location for businesses, in

areas like Walton Summit and around Ringway. There are plenty of entrepreneurs who are going that extra mile to get a project started that they’ve had on the backburner for some time.

“However, it’s important to ensure that work carries on behind the scenes. We know that new developments do dilute the second-hand market so there is a fine line to be trod.”

Tom Fox, managing director at Bowker Motor Group Group, said the investment in Preston gives the business community a lot to be optimistic about, but only if it triggers a collective response.

He highlighted work Bowker has done: “We have recently acquired adjacent properties and redeveloped our gateway location on the docks.

“As a private Lancashire family business, we have been proud to invest in the city. And it’s that kind of commercial intent we’d hope to see through all areas of the city and region’s economy.

“I’d like Preston to be distinctive of course, but above all collaborative and influential in its position within

the North West. This means strengthening relationships with Manchester and Liverpool – not fearing them.

“If we focus too much on the city’s own needs then we risk fuelling a parochial mindset of fear and mistrust of our neighbours. History shows, with the Tithebarn project for example, this never ends well.

“It’s better to collaborate and position Preston as indispensable to the prosperity of the North West region as a whole.

Individual businesses have a big role to play. We can affect this transformation as much as the larger organisations by keeping in step with the investment. And make sure we play a big part in the region’s future prosperity.”

The Harris Museum: the jewel in Preston’s crown

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6 in:brief SUMMER 2017 www.napthens.co.uk

a guide to / legal update / Recycling Lives:

Contact: [email protected] 0345 0702835

As courts struggle with budget cuts, court users face fee hikes and falling service levels, and an increase in time and cost of litigating disputes to trial.

Andrew Holden, senior associate solicitor in commercial litigation, considers why this has not led to a decrease in use of litigation to resolve disputes.

Legal update: arbitration

Contact: [email protected] 01772 904297

David Hardman

Andrew Holden

There can’t be many businesses which can lay claim to helping distribute more than one million meals, and returning people to independent living, while making a profit from recycling.

Recycling Lives

Is there an alternative?

Arbitration is a private form of dispute resolution which can be used to resolve commercial disputes. Unlike mediation there is no need to offer a concession to those with whom the business is in dispute. A party may wish to negotiate, but they can’t be compelled; and a binding decision can be reached without the consent of the opponent.

There are several attractions:

• Arbitration is private

• Arbitration is far more flexible than the court process

• An expert in the sector in which the parties operate can be appointed to determine the outcome

• The outcome is certain

The arbitrator’s decision is final. Performing a contract-based

But for Recycling Lives, it’s just another day at the office.

The award-winning business acts as a ‘safety net’ for vulnerable and marginalised people, offering accommodation, education, training and work experience, ultimately helping people back into work and a home.

The business traces its history back a generation to the Golden Hill scrap metal and skip hire business, operated by Recycling Lives’ president Terry Jackson.

After forging a successful career himself, Terry’s son Steve turned to the family business as it began to expand under the name Preston Recycling Ltd.

Steve began work on what would become Recycling Lives, opening the social welfare charity’s first centre in 2009.

function, he determines a dispute in private and without right of appeal.

There is no public judgment, no trial where conduct is open to public scrutiny. Courts only become involved if the losing party fails to comply with the arbitrator’s decision. In this case the defaulting party may be subject to a short court procedure which converts the arbitrator’s award into the form of a judgment, enforced in the usual way.

A court cannot revisit the facts, it can only determine whether the award made is upheld. The defaulting party bears the cost of the court process and enforcement.

Why isn’t arbitration used more regularly?

Many solicitors are unfamiliar with the process, so it may not be considered.

When faced with a dispute, a compromise may be hard to reach

at the outset, so agreeing to use arbitration can prove impossible.

The way for a business to introduce arbitration is to include a clause in standard terms of business or in a contractual document negotiated with trading partners. Such clauses are easy to draft because industry sectors have their own schemes which can be adopted.

Bodies providing training for arbitrators e.g. the Chartered Institute of Arbitrators and the London Court of International Arbitration, publish their own clauses which can be inserted into contracts.

What does the future hold?

Arbitration is increasingly popular among larger businesses and trading relationships, particularly those with an international dimension. This is likely to continue for smaller businesses and domestic disputes.

An increased knowledge of arbitration among businesses, trade bodies and solicitors should lead to greater use, allowing more disputes to avoid court to be resolved with certainty in a confidential setting.

By routinely including arbitration clauses in standard terms, businesses looking for this outcome can ensure it is easily achieved.

Nearly a decade on, the business is in the midst of further expansion, most recently opening a scrap metal buying site in Bury.

Legal director Paul Finnerty explained: “As a trading business we’ve been operating for the best part of 50 years. In 2008 we were in the midst of building our head office in Essex Street, Preston, when things went into slowdown. We had to consolidate and protect the commercial entity providing all the finance for the charitable arm of the business.

“We weathered the storm and came out stronger, and now our expansion plans are to build profit like any other business, but with the benefit that it allows us to do the social good that it so important to us for homeless and disadvantaged people.

“Not only have we also just completed the purchase of an

online car auction company which will be an important addition to the business, but we’ve just hit 1million meals provided via the Recycling Lives Fairshare project which began in November 2015.”

Recycling Lives now offers services to businesses including total waste management, skip hire, metal recycling and WEEE processing.

Plans are in place for future growth; with Paul describing them as ‘aggressive but measured.’

Meanwhile, its charitable work includes food redistribution, business incubation and ‘HMP Academies’ helping prisoners back into work.

A model used by Recycling Lives to judge the impact of its work shows a £4.1million ‘social value’ – a fiscal value of charitable activities and the saving made to society. This is on

top of the jobs created and training provided by the organisation.

A client of Napthens for more than a decade Recycling Lives’ business model brings challenges other organisations might not face.

Paul explained: “You have to be prepared to put both your money where your mouth is and to commit your time and effort to those parts of the business that aren’t fee-earning.

“We can be very proud of the work we do helping people back into mainstream society and contributing via work and taxes rather than being seen as a drain on the system by being on benefits. That gives you a real boost.”

At Napthens Wealth Management there are four key parts to the financial planning process. This ensures all clients are fully engaged in our ‘goals-based’ approach to financial planning and our regular review program keeps everyone on track. The four stages are:

1. Understood: At the first meeting our financial planning team take time to listen and understand your short, medium and long-term goals. They will break down these goals into what is essential – ‘has to happen’ - and what is desired – ‘a nice to have.’

They will ask questions including, what’s important to you? What needs to happen for our relationship to be successful? What’s important about money to you? From this, the team will design a one-page financial plan setting out all of your goals. This is at our expense and if you don’t want to take things further you are under no obligation to do so.

2. Planned: Once you are comfortable with your plan, the team can explore what needs to happen to achieve your goals. They take time to explain how to mitigate tax, understand your attitude to investment risk and what type of investment solutions are used. Risk tolerance will vary depending upon what goal you are planning to achieve.

3. Arranged: When you feel completely comfortable with the plan and how it will work, the team will implement it. The next steps are to arrange the appropriate paperwork, and the team will make sure everything is put in place.

4. Under control: It is critical to review your plan and ensure your finances remain under control. At Napthens Wealth Management our private client service allows you to achieve this, giving you financial peace of mind.

financial planning

A guide to...

Jeff Green, manager of the Food Distribution Centre

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the powerhouse initiative will be a boost to momentum rather than a generator of it.

DS: There are plenty of examples where the region has worked hard on major infrastructure projects with the backing of organisations like the Chamber – you only have to look at the Todmorden Curve or the Burnley Bridge project to see the good work that’s being done. Let’s hope the Northern Powerhouse Project can boost the area as much as the work that’s already going on.

www.napthens.co.uk

Napthens’ CEO John Whittingslow joined David Sharpe, President of the East Lancashire Chamber of Commerce, to discuss the reality of the Northern Powerhouse project and where it stands after a tumultuous few months.

FACE2FACE: Building a Northern Powerhouse

David Sharpe (DS): Let’s start with the latest news on the project – Jake Berry has been appointed the third Northern Powerhouse minister. We’re fortunate because Jake also represents one of our local constituencies. Hopefully Jake will bring a new perspective to the role and bang the drum for us here in the region.

John Whittingslow (JW): Clearly the resignation of Jake’s successor, Andrew Percy, from the role following the poor Tory showing in the election caused concern for the future. Jake’s appointment is in my view a signal that all is not lost and he appears to have support from the three metropolitan mayors for Liverpool, Greater Manchester and Tees Valley.

A recent article in the FT expressed the view that the departure of the Prime Minister’s advisers Nick Timothy and Fiona Hill was also a boost for the Powerhouse as they were two main internal opponents of it. It seems that there is still an appetite to move the project forward.

DS: Maybe the idea had become a little stale. While Brexit and the election rumble on in the background we really do need this brought back into the public arena.

One of the main initiatives that people expect to see come out of the powerhouse project is

investment in infrastructure. As a Chamber it’s something we are keen to promote – we are champions of manufacturers and businesses which have to move goods around effectively and efficiently.

JW: I agree, transport links need improving across the north, not just linking the north to London. We need to better connect the cities of the north to each other; Preston, Manchester, Leeds, Sheffield, Lancaster, Carlisle and Newcastle – we have many great cities in their own right.

This should not be at the expense of investment in other public infrastructure across the region, helping the north come together into a collective force making it stronger and more self-reliant.

However, we also need to keep one eye on what we can be doing ourselves.

DS: Yes, it’s still very much business as usual. It’s down to organisations like the Chamber to lobby for and be the champion of sectors like manufacturing and export. Without the Chamber I believe it would be harder to get things done, to get the message through to the Government.

The Chamber acts as a conduit for messages to be relayed and

(L-R) David Sharpe and John Whittingslow meet at the East Lancashire Chamber of Trade offices to discuss the Northern Powerhouse project.

Kathryn Harwood is head of Wills & Estate Planning.

Q. I am concerned about preparing for long-term care. Now the election is over, can you clarify the situation?

A. Currently if you have assets of more than £22,350 you will be required under the law to fund your care in full, with a contribution system applying depending on income where the assets have a value of between £23,250 and £14,250. Under this threshold local authority funding will cover costs.

It is a common worry that if a person needs caring for, they will lose their property as its value will be taken into account when the financial issues are decided.

If your spouse or a relative is living in your property, and you yourself are in care – of if you are cared for at home – the house is disregarded and in effect protected.

Under the Government’s proposals made in the election campaign, only those with more than £100,000 in assets will have to pay for their own care. On the flip-side though, the property will become a factor even if you are being cared for at home, unlike under the present system.

The fine print seems to indicate that actually, homes will be protected as long as the person requiring care, or their partner, is alive. Instead, they will be expected to extract equity from their home with the amount recovered when they die or sell the property.

Arguably this is a fairer system than we have at present. There is though, a lot of confusion over where we stand, and no matter what happens it’s clear we have a growing, ageing population and the system will inevitably change and adapt to reflect this.

Accordingly, it remains as important as ever for individuals to take specialist advice on what they can do to protect their assets, should care ever become an issue for them.

Ask TheExpert

Contact: [email protected] 01772 904358

Kathryn Harwood

“The areas surrounding the north’s major cities need to embrace the concept of creating a powerhouse and support their respective cities.”

for lobbying to take place, to turn into action in terms of focus where investment is needed.

JW: We need to start thinking big for ourselves and try and move away from some of the parochialism that still remains which could end up paralysing the region.

For me, the areas surrounding the north’s major cities need to embrace the concept of creating a powerhouse and support their respective cities. Our region will then move forward on its own, so that

SUMMER 2017 in:brief 7

Face2Face / ask the expert:

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and finally:

Napthens recently announced their

chosen charities for 2017/18:

Penrith & Kendal – Cumbria Community Foundation

Blackpool & Fylde – Aspired Futures

Preston – Derian House Children’s Hospice

East Lancashire – East Lancashire Hospice

Southport – Queenscourt Hospice

Napthens charity update revealed

Top 10 for Napthens dealmaking team

Staff at each office selected these charities which they will be supporting throughout the year with a range of fundraising activities.

Napthens recently handed over a grand total of more than £10,000 to regional good causes at the end of their 2016/17 year of fundraising.

In East Lancashire, Blackburn Youth Zone – working to change the prospects of children in the area – was helped with more than £2,000 raised from fundraising activities, and the firm helped the good cause raise a further £7,000 during the year.

Meanwhile, in Preston more than £3,000 was raised for the North

West Air Ambulance – a good cause which relies on donations to operate its life-saving service.

In Blackpool, more than £2,000 was raised for Aspired Futures, which provides long-term therapeutic services for vulnerable children and young people.

Finally, from Kendal and Penrith, the Cumbria Community Foundation was handed £3,500.

Partner Chris Boyle said: “These good causes do so much to help people right on our doorstep and we are grateful for the chance to support them however we can.”

Napthens’ Corporate department has been revealed as one of the most active dealmaking teams in the region, according to a recent report.

Napthens has been ranked in the top ten for North West law firms for the volume of corporate deals its experts have led.

The announcement comes from a review of data by experts at Experian, which studied merger and acquisition figures in the UK and Republic of Ireland.

The report shows that 126 deals were announced for the region in the first quarter of 2017, worth a total of £3.2billion – describing the region as performing well and ‘comfortably above the average recorded over the past several years.’

It highlights Napthens at number seven in the top ten, up from 25.

Julie Duane during a dance routine

Preston:

7 Winckley Square,

Preston

PR1 3JD

DX 714572 Preston 14

Tel: 01772 888 444

Blackburn:

Darwen House,

Walker Office Park,

Blackburn, BB1 2QE

DX 745450 Blackburn 12

Tel: 01254 667 733

Blackpool:

Libra House, Cropper Close,

Whitehills Business Park,

Blackpool FY4 5PU

DX 745260 Blackpool 20

Tel: 01253 622 305

Penrith:

Ground Floor Offices

Agriculture House,

Cromwell Road

Penrith, Cumbria CA11 7JW

Tel: 01768 807040

Kendal:

Bridge Mills,

Stramongate,

Kendal

LA9 4UB

Tel: 01539 760560

Southport:

38 Hoghton Street,

Southport

PR9 0PQ

Tel: 01704 333088

www.napthens.co.ukNapthens LLP, registered office: 7 Winckley Square, Preston, Lancashire PR1 3JD.

Napthens® is a registered trade mark of Napthens LLP.

Napthens LLP is a limited liability partnership registered in England and Wales: OC325775. The term “Partner” indicates a member of Napthens LLP who is not in partnership for the purpose of the Partnership Act 1890. A list of members is available from our registered office.

If you do not wish to receive future copies of in:brief, or wish to receive further copies, please contact [email protected]

Follow us on Twitter @NapthensOnline

Information given in this publication is intended for guidance only and is not in any way a substitute for full and independent legal advice.

Please contact us if you need advice on any specific legal problem. No liability is accepted by the author(s) or by Napthens LLP for any

loss arising from reliance upon the information given here, which is believed to be accurate and up to date at the time of publication.

Richard Robinson, Napthens’ head of Corporate, said: “We have a strong corporate and commercial team at Napthens, and being ranked alongside a host of well-known national practices shows that Napthens can compete in style with the large firms from Manchester and Liverpool when advising on transactions.”

Julie Duane is Napthens’ employment law advocate. Like any legal expert, she needs skills including a strong memory, confidence, and the ability to think several moves ahead.

Me and my...dancing

Unlike many though, she has honed these skills not just in the workplace, but through her hobby as well.

Julie is a highly experienced and well-regarded dancer, teaching classes in the modern dance styles of SILC and CEROC. She can teach groups of more than 1,000 dancers at special events.

Competing in competitions throughout the UK in the highest categories, she began dancing around seven years ago, introduced by a friend.

Quickly finding an affinity for the hobby, which attracts dancers of any age from 16-85 from all walks of life, Julie also judges competitions.

Her dancing is partner-related, with routines for two people, and is a fusion of styles including salsa, tango, ballroom cha-cha.

It’s a world away from her ‘day-job,’ advising on all aspects of employment law but with a

particular focus on sectors including retail, care, recycling and education.

But Julie explains that the hobby has plenty of transferable skills: “It really is a great hobby – you can try it at any age, and I dance with people from every walk of life and background.

“But what people perhaps don’t realise is how much dancing can have an impact on your daily life. There are lots of benefits such as fitness – most dancing sessions can last three or four hours, and at some weekenders we can dance for anything from 10am to 7am the following morning.

“Then there’s remembering all your moves – it’s great for memory retention – the musicality, placing of your footwork, timing. It all transfers into your work.

“It’s also great for your social life. Even when you’re dancing routines for two, you don’t have to arrive at a class with a partner – there

will always be someone you can practice with.”

When she began dancing, Julie was studying at university and lectures meant she couldn’t dance as often as she would have liked.

In holidays between terms she would return to her home in Warrington and pick up where she left off. Upon completing her studies, she started dancing regularly in a handful of styles plus at freestyle events.

She added: “I’d recommend anybody to give it a go. There are so many opportunities for different people in different styles – and when times are tight it’s much cheaper than a night out!”

Richard Robinson