Latest News

Firm support for bra campaign

Worcestershire Law Firm, Parkinson Wright, support the Worcestershire Breast Unit Campaign and have taken the opportunity to join 2nd Skin Lingerie’s ‘Recycle a Bra‘ Campaign. The firm’s employees have donated any used and unwanted bras to 2nd Skin Lingerie to be recycled.

The staff are pictured with Karen Tomalin and Rachel Luke of 2nd Skin Lingerie and Kelly Dyer, July’s model for the 2010 Worcestershire Breast Unit Campaign calendar.

Karen Tomalin of 2nd Skin Lingerie said “no bra will be wasted, whatever its condition. However tatty you think it is we can recycle it”. For further details and collection points visit www.2ndskinlingerie.com.

Worcestershire Breast Unit Campaign aims to provide a single site dedicated completely to people with breast problems, providing rapid efficient assessment, dedicated staff and welcoming, relaxing surroundings.

Parkinson Wright also raised £1350.00 at their annual Quiz Evening held at Monsoon restaurant. For more details contact Alison Pickerill on 01905 721611 or email ajp@parkinsonwright.co.uk

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Solicitors firm help charity to see into the future

A firm of local solicitors has raised over £2000 for county-wide charity, Sight Concern.

Parkinson Wright Solicitors who have branches in Worcester, Droitwich and Evesham, held a ‘Make a Will Month’ in November where they offered people the opportunity make a single will for £65 or a double one for only £85 with 100% of that fee going to Sight Concern Worcestershire.

Laura Redding from Parkinson Wright said “A will is an incredibly important document to have so we were happy to work with Sight Concern to bring the need to people’s attention and benefit a local charity in return. The experience has really highlighted to us the needs of people with sight loss and we were pleased that we could do something to support them.”

Alice Watts, Fundraising and Publicity Manager from Sight Concern said “When Parkinson Wright attended our Sight Loss Awareness training they saw the importance of making their business accessible to people who are visually impaired. Many of the wills were made by people with sight loss who had not really had an accessible opportunity to do this before. We are delighted with the amount raised by Parkinson Wright as it will make a huge difference to a small charity such as ourselves”

Sight Concern Worcestershire is a county-wide charity that supports people with all levels of sight loss in Worcestershire. The charity, previously known as Worcestershire Association for the Blind, is celebrating its 80th birthday in 2010.

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FREE Equity Release Seminar

Equity Release - It has evolved!

Not so long ago, the term Equity Release was very new and met with some anxiety due to the very limited products available and the lack of understanding about what these schemes are all about.

The market has changed! Equity Release is now a growing and progressive market, which for you, the potential client, ensures a wider and much more competitive range of products to suit individual needs.

An Equity Release usually involves releasing the money in your home, through a lump sum payment or a monthly income or a combination of these options. An Equity Release can be very versatile, with the money often used to pay off existing loans or mortgages, finance home improvements or perhaps to buy a new car and enjoy regular holidays.

Equity Release products are generally aimed at people over 55 whom own their own home, which is often the stage in life where financial freedom is most valued. Selling your home to downsize in the current property market may prove challenging, whereas an Equity Release could release the money in your home yet still give you the right to stay in your home for life.

Equity Release loans are now highly regulated with the vast majority having the peace of mind of the SHIP accreditation. Safe Home Income Plans (SHIPs) are Equity Release products, which are marketed fairly, honestly and openly. This ensures the client is fully informed about the scheme and its conditions before deciding whether to proceed.

Parkinson Wright LLP specialise in Equity Release advice with a dedicated and experienced team who pride themselves on the highest standard of client care. As a well established and substantial local firm, we recognise the importance of moving with the times and would be happy to answer any questions you may have on Equity Release, with the ability to refer you to specialist independent financial advisors to ensure you find a product which meets your needs.

Parkinson Wright LLP will be holding a FREE seminars on, 3rd September at 64 Friar Street, Droitwich, 10th September 2009 at 3:00pm at Haswell House, St Nicholas Street, Worcester and 1st October 3:00pm 4 Abbey Lane Court Offices, Abbey Lane, Evesham. To book your space please contact Alison Pickerill on 01905 726789.

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Lawyer Blasts Bullying Insurers

Judith Cobbett at Parkinson Wright solicitors has warned people who have been injured as a result of another’s negligence, against being bullied by legal expense insurers into using one of their own solicitors to gain compensation.

Legal expense insurance is often included in household or motor insurance policies or credit card accounts. It is used to pay the legal fees associated with bringing a compensation claim against usually the insurance company of the negligent person.

Ms Cobbett said ‘The insurers often apply a great deal of pressure and frighten injured people about the costs or competency of solicitors not on their panels. The real reason they want clients to use solicitors on their panels, is because those law firms pay the insurance company a fee to do the work. You can insist on using your own local firm.’ If the claim is successful, most of the injured person’s costs will be paid by the person or business that caused the accident or their insurers.

No Win No Fee agreements are also a popular approach to take to gaining compensation if legal expense insurance is not available. After The Event Insurance can be taken out to cover the costs of possibly losing a case.

‘When we deal with an accident compensation claim for clients we make sure it is prepared properly and that the correct amount of compensation is recovered. We give a free half hour interview to explore all the options to gaining compensation’, said Ms Cobbett. Judith Cobbett can be contacted on 01905 726789.

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1st July 2009

Three Counties winners

Anthony and Christine Snell from Harewood End, near Ross on Wye, won the event’s rural business competition based on the TV series Dragon’s Den. The couple impressed three Judges, Cyril Arridge from Parkinson Wright Solicitors, Richard Jackson, of 7Y, David Ledbury of Business Link. Mr and Mrs Snell plan to supply fresh and frozen blackcurrants in small quantities and on a daily basis for chefs, pubs, restaurants and catering outlets. Currently, the vast majority of blackcurrants grown in the UK are used for making a well known brand of cordial. But the couple, who grow 140 acres of conventional blackcurrants and 70 acres of organic on their family farm, have come up with plans for freezing and destalking the fruit so that it can be used more flexibly. Their idea was chosen as the best among six submissions made to the Bear Pit experts. Parkinson Wright sponsored the event and awarded Mr and Mrs Snell the top prize of £1,000 and a programme of business mentoring and tutoring.

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21st May 2009

Holiday Lets

Many farmers have diversified into holiday letting of converted farm buildings. But what are the tax consequences? There is Business property Relief (BPR) for Inheritance Tax (IHT) to consider as well as entrepreneur’s relief (ER) for Capital Gains Tax (CGT) and Value Added Tax (VAT) as well as Income Tax (IT)

What qualifies as a holiday let?

The letting must satisfy these conditions:

you must make the property available for commercial letting for at least 140 days in a year
and it must actually be let as holiday accommodation for at least 70 days a year
you must not normally let the property to the same tenant for a continuous period of more than 31 days in seven months of the year.

What if I cannot fulfil all those criteria?

You may still get IT CGT and national Insurance (NI) advantages but you will need to show genuine evidence of services being provided to genuine holidaymakers. To do this you may need to prove some or all of the following:

the property is in a tourist area
it has been professionally marketed
small business rates are paid
the property has an English Tourist Board rating
you have public liability insurance
you are paying tax on profits made on a commercial basis
there are additional services provided such as food welcome basket, towels and linen provided cleaning and gardening are arranged though these services can be handled by a caretaker or agent. It may also be helpful to have information on tourist attractions in the area.

Will I get BPR on my holiday cottage?

At the moment the Revenue are making it more difficult to claim BPR and you almost certainly will not be eligible for APR Agricultural Property Relief) even where your farm is. So BPR becomes very important.

To be safe it is best if you:

have more than one holiday let
are substantially involved in running the services provided
Have short term lets – 1 or 2 weeks

And avoid:

Lets where no services are provided
Letting to friends and relatives
Longer term lets

What is the VAT position?

Standard rate VAT applies to rents on holiday lets. It is possible to treat the let as residential accommodation if let at lower rates out of the holiday season if they are let for more than 4 weeks but this can cause problems with other taxes. Therefore it is possible that you may have to charge output tax on the VAT return and then be able to claim input tax on repairs and related costs. If you plan to carry out extensive renovations on the holiday let do take some advice as if you organise it well it may help your tax position.

If you have more than one let turnover may rise above the VAT registration limit

Do I have to pay CGT?

CGT is only payable when a property is sold. The changes in CGT mean that the tax is now 18%. When the change was made there were winners and losers – generally those people who had owned a property for a long time were losers and for a short time winners.

You cannot claim business taper relief anymore but for some people ER may be available which allows for 10% tax for £1million of lifetime gains on business disposals.

Rollover relief may also apply

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9th March 2009

Child Contact – The Courts' New Power

Cases concerning Contact between a parent and child are often the most emotionally charged and can be among the most difficult to resolve.

Once the Court has determined the issue of Contact there often remain problems, as it is the parents’ ability or willingness to accept the Contact Order that often has an impact on whether the Order will run smoothly.

On the 8th December 2008 there were new provisions inserted into the Children Act that provide the Court with additional powers where Contact Orders are concerned.

The Court may now make a “Contact Activity Direction” when considering Contact between a parent and child, specifying an activity that the Court requires either parent to undertake in order to promote Contact.

This could be attendance at classes or guidance sessions to assist a parent in establishing, improving or maintaining Contact or to address violent behaviour to enable Contact to take place. It may also include attendance at advice sessions with regard to making or operating arrangements for Contact.

The idea is that if the Court identifies areas of dispute around Contact that could be usefully addressed by the parents attending at a certain activity, it may make a Direction for the parents to attend that activity in the hope that this will help promote Contact and ensure that Contact Orders that are made are complied with.

In addition to the activity Directions, the Court may make an activity a condition of a Contact Order, so that a parent must undertake a certain activity in order for Contact to go ahead. This is called a “Contact Activity Condition”.

The monitoring of any “Activity Direction” or “Activity Condition” will fall to CAFCASS and they may be asked to report to the Court if an individual fails to comply with the activity directed/imposed. The monitoring not only covers a parent who has been directed to undertake an activity but also a parent who has been ordered to allow Contact to take place.

The Court has long had powers to deal with parents who fail to co-operate with Contact Orders but the new provisions add a couple of strings to the Court’s bow in terms of enforcement.

The Court may, once there has been a wilful breach of a Contact Order, make an “enforcement Order”. The enforcement Order, under certain circumstances, may provide for a person to undertake unpaid work or compensate the other parent for financial loss, incurred as a result of a breach of the Order.

The new provisions are welcome but it remains to be seen how effective they will be. Certainly the Court will need to be aware that a large part of their value relies upon resources being available to run the necessary classes and activities and these are likely to differ greatly between geographical areas.

For more information about the new provisions or for expert advice about any issue of Contact, telephone Louise Chipchase in our Evesham Office on 01386 761 176.

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24th February 2009

Parkinson Wright Staff Raise £1019 for Tracy Sollis Leukaemia Trust

Staff at solicitors Parkinson Wright raised £1019 for their 2008 Charity of the Year, The Tracy Sollis Leukaemia Trust, as a result of fund-raising events. A cheque was presented by Partner, Louise Chipchase, to Graham Bonson, Chairman of the Trust, at the Best of Evesham Networking Evening.

Parkinson Wright staff nominated different charities at the beginning of 2008, then voted on which charity to raise funds for that year. Louise Chipchase said ‘The staff voted in The Tracy Sollis Leukaemia Trust which helps fight leukaemia and assists in the relief of sickness, suffering and distress of those with the illness.’

Michael Johnson said ‘The most popular fund-raising was the ‘Win A Day Off Work’ draw. Nearly every member of staff contributed a pound and Bruce Hayward, our IT Manager won the day off. Five members of staff took part in the Birmingham 5km run, which was great fun. For the romantics, the Valentine’s raffle for staff to win a bottle of champagne and chocolates was a good fund-raiser. We decided against a scary film for our Halloween Film Night, choosing to have a good laughlight-hearted evening instead with Hot Fuzz.’

The most successful event was the Quiz Night where sixteen local businesses put forward teams. Worcester based accountants Smith and Williamson proved to have the best general knowledge on the night winning the Parkinson Wright Quiz Trophy and four bottles of wine as a prize.

For 2009, staff have voted to raise funds to support Worcester Breast Unit Campaign. ‘It’s good for Worcester to have its own breast cancer unit rather than having to travel to Cheltenham’ says Parkinson Wright’s Marketing Executive Ms Alison Pickerill. ‘We will be planning a series of events this year to support this worthwhile charity.

For further information please contact: Alison Pickerill, Parkinson Wright direct line 01905 721611 or 01905 726789

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16th February 2009

Parkinson Wright Launches Privilege Loyalty Scheme

Worcestershire-based law firm Parkinson Wright Solicitors has launched a new loyalty scheme which aims to reward and retain its private and business clients, whilst benefiting other local businesses. The 'Privilege Legal Care Card' is the first loyalty scheme of its kind to be offered by a law firm in the county and represents Parkinson Wright's determination to retain and grow its client base, despite the difficult economic climate.

Clients of the firm - which has offices in Worcester, Droitwich and Evesham and a team of almost ninety solicitors and support staff - will be given a card free of charge when they place repeat business with the legal practice, which advises on everything from commercial matters to residential property, family law to property, wills and probate and trusts and elderly care to dispute resolution and accident claims.

The card holder can then save ten per cent off any legal services they purchase from the firm, whilst having access to a range of exclusive discounts provided by local businesses and organisations. The Worcester Warriors, Eastnor Castle and The Malvern Three Counties Show are just three of the local suppliers offering special packages or money-off to card holders, alongside businesses offering everything from car hire to health and beauty and flowers and photography to restaurants.

Privilege Legal Care cardholders will also receive a £50 voucher to pass on to friends and family to redeem against Parkinson Wright's legal services.

Commenting on the launch of the new loyalty package, Managing Partner Cyril Arridge explains: “We are very proud to be one of the first law firms in the county - to thank our clients for their custom by giving something back. It is always our aim to exceed our clients' expectations and our loyalty card does just that, helping clients to save money on legal and a wide variety of other services – savings which we believe will be most welcome in the current economic climate.

“The Privilege Legal Care Card will help us to continue strengthening the relationships we have with our many valued clients, whilst an introductory voucher for their friends and family will make it easy for new clients to experience our team's legal expertise and friendly service.

“At the same time it gives us great pleasure to have found a way to link with and support other businesses in our local community.”

The launch of the loyalty scheme has been applauded by Viv Williams of The 360 Legal Group, a leading consultant to law firms on the topics of management, practice development and marketing.

Viv said “Parkinson Wright Solicitors deserves recognition as an innovative and progressive law firm which is enhancing its service and adding real value for its clients.”

Parkinson Wright Solicitors, Haswell House, St Nicholas Street, Worcester, WR1 1UN Tel: 01905 726789, e-mail:worcester@parkinsonwright.co.uk, website: www.parkinsonwright.co.uk

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5th December 2008

"King Canute” overcomes Natural England's “plan” to defeat his Suffolk sea defence.

Mr Peter Boggis, represented by Peter Scott environmental specialist with Worcestershire lawyers Parkinson Wright and barristers Gregory Jones and James Neill, has won his judicial review against English Nature and their successor Natural England’s attempts to prevent him from defending Easton Bavents near Southwold from being destroyed by the North Sea.

Peter Boggis through the organization Easton Bavents Conservation which he set up had obtained a waste exemption certificate from the Environment Agency and constructed a 1033 metre soft sea defence by bringing in and compacting 250,000 tonnes of material. Once compacted, this provided a safe access across the beach. The purpose of this sacrificial sea defence is that the material can be washed away in place of the cliffs behind it. This requires constant topping up in order to maintain it.

In December 2005 English Nature notified the site of the soft sea defence as a Site of Special Scientific Interest. From this point maintaining the soft sea defence became a criminal offence unless the consent of English Nature/Natural England was obtained (Note 1).

In June 2006 English Nature then confirmed the notification of the SSSI including the soft sea defence, despite strenuous objections by landowners and residents. Peter Boggis then launched a judicial review in order to be able to continue to maintain the soft sea defence.

The challenge has succeeded in relation to the site of the soft sea defence, on the ground that the destruction of the soft sea defence and the resumption of rapid erosion of the cliffs behind, which English Nature had sought to achieve through the notification of the SSSI was a plan or project which might, by accelerating the rate of coastal erosion, have an adverse effect on the Special Protection Area north of the soft sea defence. The judge accepted the view of Professor Chris Vincent of the University of East Anglia as expert engaged by Mr Boggis that the possibility of such an effect could not be excluded, and therefore concluded that the action of English Nature in notifying the site of the soft sea defence without the required appropriate assessment was contrary to its duties under European law and must be quashed.

In his conclusions, Mr Justice Blair said: “As regards Ground B, English Nature confirmed the notification of the SSSI on the basis of a Report in which its officers had made it clear that English Nature was unlikely to consent to the sea defences in their current form. To that extent, in my view the notification and confirmation of this SSSI included a formal statement of an intended course of future action, and was in that respect (but that respect only) a “plan” within the meaning of Article 6(3) of Directive 92/43/EEC (the Habitats Directive). As such, Article 6(3) required it to be subject to an appropriate assessment of its implications for the Benacre to Easton Bavents Special Protection Area (SPA) in view of that site’s conservation objectives. This did not take place. On the evidence before the Court on this hearing, the risk of a significant effect on the SPA’s conservation objectives cannot be objectively excluded: see the decision in the Waddenzee case (Case C-127/02, 7 September 2004) at paragraph 44… It follows that my conclusion on this Ground is that the notification and confirmation of the SSSI was unlawful so far as it applied to the area on the seaward side of the Easton Bavents cliffs where the sea defences are situated, and the land behind the cliffs, but was otherwise lawful.”

Urging that a solution be found by the authorities for the defence of Easton Bavents, the judge added: “I would add that it was evident during the hearing that the only issue of substance between the parties is the sea defences. Mr Boggis told me that he would have no reason to continue to litigate if he was able to maintain them without some form of defence, the Claimants’ homes will soon be swept away by the sea, and their very human predicament must be taken account of too.”

Peter Scott, solicitor representing Mr Boggis and Easton Bavents Conservation, says: “This is obviously massively important for the people of Easton Bavents, because it takes away the authority of Natural England to prohibit them from maintaining the soft sea defence and protecting their property as well as the cliffs. They are no longer compelled to pursue appeals against refusals as Mr England did.”

Mr Scott continues: “However, this judgment is also important because it recognizes that managed retreat schemes can have adverse effects on very important European nature conservation sites, and that the ability of the authorities to promote unlimited coastal erosion is subject to very stringent restrictions of European law in the vicinity of the many Natura 2000 sites around the coast. Natural erosion can no longer be viewed as Natural England tends to as “favourable condition” and coast defence cannot be viewed as “unfavourable condition” when it has the effect of slowing or halting the degradation of European sites.”

Peter Boggis says: “Mr Justice Blair’s judgement lifts a great shadow from my mind and gives hope for the future for those that live by the coast of Britain. We have lived a nightmare in recent years; inconvenient or not to bureaucracy the defence of the coast should not be walked away from.”

“As I start again the maintenance and reconstruction of the simple sea defence of Easton Bavents,” Mr Boggis concludes, “my neighbours will again be able to sleep without worry, instead of wondering if their homes will be lost in the next storm. The people of Southwold will know it is no longer becoming a more un-defendable promontory. The much loved Bitterns of Easton Broad will have a home with less stress for a much longer period, in recent years the management of that area has been an absolute shambles, with people flying around like cockozelum birds doing nothing constructive. These wastes should stop, this is the home of the Bitterns and ours as well.”

Mr Boggis was awarded 80% of his costs. Both parties were granted permission to appeal to the Court of Appeal and the order is suspended pending such appeal.

Further details contact Peter Scott 07798 894622 pgs@parkinsonwright.co.uk

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4th December 2008

Judgment to be given in controversial Suffolk Sea Defences Case

Suffolk pensioner, Mr Peter Boggis (77) will find out from the High Court tomorrow (5th December) whether he can save his home against the ravages of the sea.

In a David and Goliath battle with Natural England, formerly English Nature, a judicial review was brought by Worcestershire solicitors Parkinson Wright, on behalf of Mr Boggis and Easton Bevants Conservation. Mr Boggis challenged the confirmation in 2006 by English Nature of a Site of Special Scientific Interest, where the retired engineer put in soft sea defences to protect his and his neighbours’ homes at Easton Bavents in Suffolk.

Retired engineer, Mr Boggis, set up Easton Bavents Conservation to conserve and defend part of the crumbling cliffs at Easton Bavents to protect the remaining 14 houses in the small community. As a result, some 250,000 tonnes of material was deposited and compacted in front of the cliffs, to be washed away in place of the erosion of the cliffs themselves. The works also provided safe access across the beach and to any fossils which may be contained in the upper levels of the cliffs. Work on replenishing the material stopped in December 2005 when English Nature, by notifying the site as one of Special Scientific Interest, made works on coast defences a criminal offence without their consent, and indicated that it was unlikely that consent would be granted.

Mr Peter Scott, Mr Boggis’ solicitor and a member of the United Kingdom Environmental Law Association nature conservation working group, says: “Apart from the critical importance of the case to the residents of Easton Bavents whose properties stand to fall in the sea without sea defences, this case deals with very important points of nature conservation law. It has significant implications more generally for the defence of the homes and property of people on the coast of Great Britain, for managed retreat schemes, and for the protection of European nature conservation sites.”

Further details contact: Peter Scott 07798 894622 email pgs@parkinsonwright.co.uk. Alison Pickerill, Parkinson Wright 01905 726789

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