Latest News

Diane Kemple

Diane Kemple is now on maternity leave following the safe arrival of her baby, and we look forward to her return in the New Year.

Trainee Legal Executive

Tania Hall has worked within our Conveyancing Department for 2 years and has now started her ILEX Legal Executive studies.  Tania deals with the conveyancing of freehold properties reporting to the head of department Jane Witek.

Trainees

Our 2007 Trainees Catherine Gamblin and Katie Buswell are now on their third departmental placements, Catherine working in our Conveyancing Department and Katie in our Litigation Department

Trainees Douglas Armstrong and James Rees joined the firm in March and signed their two year Training Contracts which are the final part of their training to become qualified solicitors.

Douglas's first degree is in English Literature and American Studies from Swansea University, and before deciding upon a career in law, Douglas worked in a London based team producing feature films.  He has travelled extensively, including advising in an UNHCR refugee law clinic and in Cambodia where Douglas also worked in an orphanage and school.

James's first degree is in International Politics and History from Aberystwyth.  James has the unusual distinction of having worked as a case worker in the office of a Labour MP and as the House of Commons researcher for a Conservative MP.  James is a bit of a political animal!

Douglas's first seat with Hughes Paddison is in the private client department and James is working in the family department.

The firm is also lucky to have a further trainee solicitor on secondment to the Firm, Frazer Stuart.  Frazer works for the Public Defender Service and is part way through his two year training contract.  Whilst it is his intention to specialise in criminal law, it is a requirement of qualifying as a solicitor that each trainee receives experience in at least three separate areas of law.  Frazer has therefore been seconded by PDS to Hughes Paddison for a period of six months during which he will work in family law and also non-contentious areas (conveyancing and private client) in order to gain experience of these areas of practice.

Frazer is the second trainee solicitor to have been seconded to the firm by the Public Defender Service for part of their training and Hughes Paddison are very pleased to have a close relationship with the Public Defender Service and to be able to assist them in this way.

New Solicitors Appointed

As part of its commitment to the future Hughes Paddison has since 2005, taken on two trainee solicitors in the March of each year.  Our first two trainees Jenny Allen and Nadia Santry have both recently qualified and we are pleased that both Nadia and Jennifer want to stay with the firm and have accepted post as solicitors.  Nadia is working in commercial property both assisting head of department Julie Hughes and also carrying her own caseload.  Jennifer is working in the family department, again with her own caseload but is also overseeing Di Kemple's workload of domestic violence cases whilst Di is on maternity leave.

See photograph below of our two newly qualified solicitors Jennifer and Nadia along with Katie Buswell and Catherine Gamblin and the new intake of trainees who started in March 2008, Douglas Armstrong, James Rees and Frazer Stuart who is on seconded to the firm for six months is on the far right in the photograph. 

On Line Case Tracking
As part of our service to clients, the firm is offering on line Case Tracking of their cases. At present this interactive service is only available to conveyancing clients. Clients will be provided with a security code/password which will allow them to access a secure connection into our system to track the important milestones reached in their cases.

For further information about how the on line tracking system works contact Jane Witek, or Louise Beecher

NEW LAW

Employment Law - Holiday Pay and Maternity/Paternity Pay

by Colin Foote - Employment Solicitor

The statutory entitlement to paid holiday will increase from 24 days to 28 days each year as of 1st April 2009. This was originally due to be introduced in October 2008, however the increase has been delayed to allow employers more time to take the necessary steps to comply with the new statutory minimum requirements. Significantly, this entitlement does not include bank holidays so it will still be possible for employers to provide employees with as little as 16 days of leave each year so long as this entitlement is offered in addition to the 8 calendar bank holidays. The number of bank holidays which we have also remains in dispute as we continue to have the lowest number of bank holidays in Europe.

Provisions in respect of maternity/paternity pay are also likely to be increased in the near future. The Government has committed to increase paid maternity leave to 12 months before the end of 2010. This follows the successful extension to nine months which was introduced in April 2007. The Government has also stated its intention to introduce new laws that will allow fathers to benefit from up to 26 weeks' paid paternity leave if the mother of the child returns to work early. Time will tell in respect of when the relevant legislation will in fact become oeprative.

Colin Foote

Employment Solicitor

28.04.08

for further information on these issues or Employment Law generally contact Colin Foote

Wills and Tax Planning - are Discretionary Trusts necessary in these days of the transferable Nil Rate Band?

by Gareth Parry T.E.P Head of Private Client Department

Over the past few months many of our existing clients, new clients and business contacts have asked whether Wills designed to mitigate Inheritance Tax (which often include Nil Rate Band Discretionary Trusts) are still necessary and/or desirable.  This stems from the Government’s announcement last autumn that husbands and wives would be able to use the Nil Rate Band of their late spouse on the second death (the so-called “transferable Nil Rate Band”).

The answer to the question is “yes”, though as ever, the extent of the benefit depends on people’s circumstances and the extent and nature of their assets.  Nil Rate Band Discretionary Trusts are still appropriate in the following circumstances:

• If you have business or agricultural assets which are likely to attract Inheritance Tax relief.
• If you have assets which you know or suspect are likely to increase significantly in value over the next few years.
• If you wish to shield assets from having to pay nursing home fees.
• If a beneficiary has some uncertainty in their life – for example, is going through a divorce.
• If a beneficiary has a disability and you a) wish to preserve their right to state funding and b) put a mechanism in place to support the beneficiary in spending their inheritance.
• If you and your long-term partner have assets exceeding the Inheritance tax threshold and are unmarried.
• If your affairs are particularly complicated.
• If you wish to retain maximum flexibility.

Another often asked question is whether clients need to re-make their Wills and do away with the Nil Rate Band Discretionary Trusts contained in them?

 Whilst you should always ensure your Will is up to date, the answer to this depends on your circumstances, what is important to you and how your Will is drafted.  In most cases there is no harm in including a Nil Rate Band Discretionary Trusts, particularly if the Will is sufficiently flexibly drafted to enable the trust to be broken up without penalty in the early stages after death if it becomes desirable to do so.  This will depend on each individual client’s affairs.  We are satisfied that the Wills we have drafted in the recent past which include Discretionary Trusts contain sufficient flexibility to ensure that your beneficiaries can take the most tax-efficient route open to your families after your death. In our view, this is a better option than simply relying on the transferable Nil Rate Band. 

As ever, it is a question of taking sound Estate Planning advice. Our recommendation that people should review their Wills in the light of changes to their circumstances and changes to tax law remains as true today as it ever has been.

Furthermore, getting the greatest tax benefit from the transferable Nil Rate Band requires each spouse or partner to own sufficient assets to maximise use of his Nil Rate Band. This still requires equalisation of a couple’s assets as an imbalance can result in a tax charge even under the transferable Nil Rate Band regime. Again, this is something we can help with.

Gareth H Parry T.E.P.

Head of Private Client Department

28.04.08

for further information on these issues or Private Client matters generally contact Gareth Parry