Bristol Business News

Regional legal heavyweight Osborne Clarke has been named as one of the UK’s top 10 deals advisers. The Bristol-based law firm has been rated the fifth most active in the UK by analyst Experian Corpfin while mergermarket, which records higher value deals, ranks it in 10th place.

The firm also tops Experian’s South West table as the most active legal adviser on deals in the region. Head of corporate Alistair Livingstone said: “It’s a real testament to the expertise of our lawyers and sheer hard work they put in to getting the right results for our clients. We work hard to build long-term relationships with our clients and the fact that many of the deals we advise on are repeat instructions shows how important this is.

“In 2011 we saw a real upsurge in deal activity both in the South West and across the UK. We’ve already had a good start to 2012, which suggests that businesses and investors have an appetite to buy and sell. There are a lot of negative factors at play though, which will have an impact on deals where the fundamentals don’t stack up. The watchword for 2012 will be quality, with investors on the lookout for companies with a good trading record and a solid business model.”

In the 2011 Bristol Legal Review, Osborne Clarke was described as ‘still undisputedly at the top’. The team advised Tribal Group on its £12m disposal of Nightingale Architects, and Swindon-based RWE npower on the acquisition and disposal of combined heat and power plants. Other instructions came from Babcock Marine, Unite Group and new client Inflexion Private Equity.

The firm also acts for a host of high-profile clients including Dell, Carphone Warehouse, Cable & Wireless UK, and Mulberry.

Bristol Business News

Bristol law firm Burges Salmon has been named Adviser of the Year: Legal and Financial in the inaugural Renewable Energy Infrastructure Awards.

Members of a multi-disciplinary legal team – combining the firm’s environment, construction, planning, procurement, real estate, project finance and regulation expertise – received the award from the Energy and Climate Change minister Charles Hendry.

The winning submission detailed work delivered on behalf of three significant clients; Helius Energy, RES and New Earth Solutions – representing two flagship deals in the field of  biomass and energy-from-waste and the firm’s wide expertise in energy regulation and consenting  renewables projects.

Burges Salmon also advised on  a host of other nominated projects on the day including two other winning entries; Renewable Energy Transaction of the Year for the Helius CoRDe project – entered by Rabobank International – and the Best Use of Biofuel / Biogas – entered by Harper Adams University College.

The awards are sponsored by industry publications New Civil Engineer and Materials Recycling Week in association with Infrastructure Journal.

Burges Salmon head of renewable energy Ross Fairley said: “We are immensely privileged that our clients ask us to work on projects of this type and variety; if this leads to awards such as Adviser of the Year then it is the icing on the cake.”

Burges Salmon’s energy and utilities team has developed highly-regarded, niche practices engaged across the full range of activities in the power generation and utility sectors.

“With experience in water, waste, nuclear, renewable or conventional, it can provide cost-effective and prudent advice throughout a project/plant life cycle.”

Paul Rumley, centre, receives his award from Viv Williams, CEO at 360 Legal Group and Simon Staples, Bristol Law Society President

A Bristol lawyer has received an award for his efforts to raise awareness of the impact the Government’s proposed Legal Aid Reforms Bill will have on severely disabled children.

Paul Rumley’s “It’s not about us, it’s about them” campaign which he is waging saw him lobby all 649 MPs to improve their understanding of the implications of the proposals on the lives of people who are injured while in the care of medical professionals.

Mr Rumley – a clinical negligence partner from Withy King – suggested points and amendments to the Bill were used as supporting information in the Committee minutes by Andy Slaughter, Labour party spokesperson and Shadow Justice Minister.

He has also developed relationships with national charities, such as the Erbs Palsy Group, as well as industry bodies and the media, in an effort to highlight what he sees as “totally unacceptable consequences” of withdrawing Legal Aid funding.

His campaign was recognised at Bristol Law Society’s annual awards ceremony and gala dinner where he was presented with the Outstanding Achievement award by the Law Society’s President, Simon Staples, and Viv Williams, CEO at 360 Legal Group, the award category sponsor.

“I am honoured to receive this award and hope that it will draw further attention to the proposed Legal Aid Reforms,” said Mr Rumley.

“Many people have struggled to understand the scope of the new measures and what they will mean for those without the financial means to bring their cases forward as well as those in public life who are required to vote on them.

“I have also tried hard to dispel the impression that lawyers are against the proposed changes for purely selfish reasons by highlighting some of the many thousands of stories of lives changed forever by medical mistakes.

“How low will we have stooped as a society if the Government succeeds in withdrawing all Legal Aid funding, leaving severely disabled children without the means to access justice and the remedial care they require?”

Bristol Business News

Osborne Clarke, Burges Salmon and TLT lead the pack when it comes to corporate and commercial prowess among Bristol law firms.

They make up the top tier of the power players in this segment of the market, according to Legal 500.

According to the report, which is published today, Burges Salmon provides an ‘excellent service’ through lawyers who are ‘focused on driving deals to conclusion’. Chris Godfrey heads the firm’s team which advised Mapfre on its £18.6m acquisition of InsureandGo, and also acted for ECI Partners, FirstGroup and Hargreaves Lansdown. Clients appreciate the ‘very good partner support’.

Osborne Clarke is described as ‘still undisputedly at the top’. The team advised Tribal Group on its £12m disposal of Nightingale Architects, and RWE npower on the acquisition and disposal of combined heat and power plants. Other instructions came from Babcock Marine, Unite Group and new client Inflexion Private Equity. Alisdair Livingstone and Lara Burch jointly head the team.

TLT’s team, led by Bill Hull, ‘compares very favourably to City firms’, according to Legal 500, providing ‘commercial and cost-effective’ advice. Highlights included advising WHSmith on a programme of international franchising, and acting on the sale of Church House Trust to Virgin Money. John Wood ‘tailors the firm’s response to individual requirements’.

Ashfords provides ‘London service for a competitive price’. The group advised Navetas Energy Management on its merger with Intelligent Sustainable Energy, and acted for Ross & Roberts on a share capital sale. Simon Staples has the ‘tenacity to complete the deal irrespective of unexpected problems’. Andrew Betteridge has a particular focus on corporate finance.

Beachcroft advised Fidelity International on the £20m divestment of its transfer agency and consulting business, and acted for Moonray Healthcare on buying two hospitals. Advice to the healthcare sector is a particular focus, with other clients including Spire Healthcare. John Williams heads the practice.

Simon Hewes at Bond Pearce ‘exhibits good judgement even when not all the facts are known’, and clients also have ‘great confidence’ in Paul Stone. RWE npower renewables, Hydro International, Alterian, Spinnaker International and Tradewind Turbines are clients. The practice is deemed ‘equal to London firms but better value’.

Clarke Willmott features James Earl (a ‘tough but pragmatic negotiator’) and Jane Oakland (noted for her ‘strong commercial aptitude’). New instructions came from Neutrahealth and Devonshire Homes, and Nigel Lindsay advised Mount Wise on a property development refinancing. Simon Thomas heads the team.

Roxburgh Milkins provides ‘first-class, faultless advice’. It acted for the shareholders of Futur Waste on its sale to SAICA, and Granada Learning on several acquisitions and restructuring matters. Bruce Roxburgh is an ‘extremely skilled negotiator’, and Richard Hopkins is ‘thorough and unflappable under extreme time pressure’. Nick Cockcroft joined from Wansbroughs.

Veale Wasbrough Vizards is ‘going strong’ with a ‘good offering’, and recently recruited Jonathan Oddy from Manches. The team advised the shareholders of Sula Systems on the sale of its issued share capital to Jacobs Engineering UK, and Altran Technologies on the acquisition of Xype Group. David Emanuel heads the group.

According to Legal 500, Bevan Brittan provides ‘timely, commercial and insightful’ advice, and Anthony Young and Chris Harper in particular ‘apply common-sense rather than giving theoretical advice’.

Tom Brennan at Davies and Partners is recommended. Tony Harris at Thrings advised Falmouth Oil Services on the sale of its oil terminal and bunkering business.

Bristol law firm Clarke Willmott LLP has been selected to provide legal expertise to the Institute of Recruiters (IOR) and its members.

This is the first time the IOR has selected a legal practice to sit on its panel of expert advisors and will see Clarke Willmott giving guidance on all aspects of employment and recruitment legislation.

Clarke Willmott’s Head of Employment, Kevin Jones, said: “It’s a real achievement to become the only law firm to sit on the IOR’s panel of advisors in this five-year exclusive deal.

“People working in the recruitment industry need the very latest, up-to-the-minute advice on recruitment specific legislation as this area is evolving so rapidly.

“It’s particularly easy for recruitment agencies no matter how big or small to get caught out by all the red tape surrounding the constantly evolving area of recruitment and employment law so we will be there to give them the help they need.

“In the first stages of the partnership we’ll provide IOR members with a legal helpline, an ‘ask the expert’ service, standard legal documents, webinar briefings and seminars.”

Azmat Mohammed, IOR Group President and CEO, said Clarke Willmott was an ideal partner for the organisation.

“One of the key aspects of creating a compelling and informative organisation is ensuring you partner with the very best people,” he said.

“By working with Clarke Willmott, the IOR ensures its legal advice and services will help its members navigate all aspects of recruitment and HR legislation.

“In a world where it’s very easy to fall prey to advice from non legally qualified people on matters of law, working together with Clarke Willmott will ensure IOR members enjoy the very best legal support and guidance.”

Ashley Cole and Cheryl Cole: Survey shows affairs no longer top reason for divorce

Around two-thirds of divorces in the South West are being put on hold due to the tough financial climate, according to a new survey from accountants and business advisers Grant Thornton.

The firm’s annual matrimonial survey reveals that a lack of value or liquidity of assets has caused 67% of divorces to be delayed in the region – against a national average of 54%.

And the economic downturn means more couples in the South West are reaching a financial settlement with their partner rather than beginning divorce proceedings – 73% compared to 63% across the country.

However, the research found less evidence in this region of a growing trend elsewhere in the country – that of concealing assets.

In the wake of high profile cases such as Michelle and Scot Young, and following on from the landmark Imerman v Tchenguiz ruling, many lawyers questioned in the survey believed that in future more people will conceal assets during divorce proceedings. Nationally, 18% of matrimonial lawyers said they had not dealt with any cases of concealment, against a figure of 27% in the South West.

The South West is also seeing a higher proportion of cases using mediation, with only 7% of lawyers saying they had not undertaken a single case, compared to 23% nationally. Regionally, lawyers were against compulsory mediation but the feeling was not as strong as the national picture.

The latest national figures available from the Office for National Statistics show the divorce rate in 2009 at its lowest level since 1977, with 10.5 people getting divorced per 1,000 of those married. The divorce rate has been falling year on year since it reached a high in 2003.

“Whilst the economy has officially been out of recession for over a year, there are still clear indicators that financial concerns are one of the driving factors in both the timing of divorces and the settlements that have been awarded,” said Geoff Mesher, head of forensic and investigation services at Grant Thornton in Bristol.

“With cuts in public spending and the economy continuing to falter, it would be unsurprising to see a continuation of this trend as asset values and income levels remain unpredictable.”

The ruling on Vivian Imerman v Lisa Tchenguiz effectively established that documents relating to a spouse’s financial position which are obtained secretly, even when under the belief that information is being concealed, are inadmissible.

“There is widespread concern that these recent developments could unfairly strengthen the position of any spouse wishing to conceal assets which in turn could lead to settlements that are unfair,” added Geoff Mesher.

“We have of course seen recent high profile cases such as that of Scot and Michelle Young, where Mrs Young alleges that her husband is hiding his assets with his celebrity friends, however it is worth bearing in mind this is not an issue that solely threatens the big money disputes, but also the everyday cases.”

The survey also uncovered a shift in the reasons for divorce. For the past seven years of the survey, extra-marital affairs have been the top reason cited for couples divorcing. This year however it has dropped to its lowest level ever (25%) and been overtaken by people who cited that they had simply grown apart or fallen out of love (27%).

“The shift in the reasons for divorce is difficult to explain. One potential influence could be the rise in the number of celebrities putting up with alleged affairs in their marriage or relationship, with Abbey Clancy staying with Peter Crouch, and Cheryl Cole looking all set to go back to Ashley.

“Whatever the cause, it is interesting to note that more relationships than ever, affected by infidelity, could be surviving.”

Bristol Business News…

By John Fox-Clinch
Bristol-business.net

Foot Anstey, the South West law firm best known for its media work, is to open an office in Bristol to meet increasing demand for its services.

The firm, which has offices in Exeter, Plymouth, Taunton and Truro, said the move would also provide its existing clients with access to a wider range of experts. It recently changed to LLP status and has made a significant investment in technology.

It has taken a long lease on offices at 100 Victoria Street which will open in October. The office will underpin the firm’s work in the media – it claims to have the strongest dedicated media offering outside London – and financial services and also expand its core practice groups in areas such as commercial, dispute resolution, employment and real estate.

A spokesman said the office would provide a “first-class client experience and a compelling working environment meeting client expectations and aspirations for a 21st-century law firm”.

Foot Anstey, whose clients include The Eden Project, Halfords, Screwfix, Viridor Waste Management Limited and Which?, has bucked the trend in the legal services market by growing during the downturn.

The office will be headed by partner Richard Sutton, a Bristolian. He said: “A fair proportion of our turnover currently emanates from within the Bristol market through clients such as Allianz and DAS so this really is a logical next step for the firm.

“Bristol has a recognised sector focus that correlates well with our sector strategy. We look forward to building long lasting business and community relationships in Bristol.”

Logo for the new Quality Solicitors Burroughs Day customer service points

Shoppers visiting WHSmith in Bristol can now access legal services when buying their newspapers, books and stationery thanks to a new partnership with legal firm QualitySolicitors Burroughs Day.

“Legal Access Points” were yesterday introduced in more than one hundred stores across the UK, including at The Mall, Cribbs Causeway and the Clifton Down Shopping Centre branches of WHSmith.

Trained staff will be able to offer quotes for conveyancing, book appointments for legal advice and sell vouchers for wills. Programmed iPad ‘apps’ will be used by staff to book appointments with QualitySolicitors Burroughs Day.

There are also four other branches where the public can pick up information on legal services, at the WHSmith stores at Clevedon, Clifton Village, Temple Meads Station and Bristol Airport.

The move by QualitySolicitors pre-empts the arrival of the Legal Services Act in October 2011. Soon, non-legal organisations such as banks and supermarkets will be able to offer legal services, posing a potential threat to traditional ‘high street’ law firms.

QualitySolicitors chief executive Craig Holt said: “The WHSmith partnership with QualitySolicitors provides accessible, consumer-friendly legal services. The actual legal work is carried out by leading local law firms with specialist lawyers, not unqualified staff in a remote call centre.”

WHSmith store manager at Cribbs Causeway, Paul Thomas added: “We’re confident that a large number of our customers will be keen to take advantage of the new Legal Access Point in our store. There is a clear demand among consumers for cost-effective and accessible legal services and we’re delighted to be working with QualitySolicitors Burroughs Day to meet this demand.”

Richard Clark of Burges Salmon (centre) collects the Real Estate Team of the Year trophy from category sponsor Ian Borders from First Title Insurance (left) plus host of The Lawyer Awards 2011, Rob Brydon (right)

The 80-strong team from Bristol law firm Burges Salmon have been named Real Estate Team of the Year 2011 at a ceremony in London, thanks to its work on major land sales for the Nuclear Decommissioning Authority (NDA).

Sites including Oldbury in Gloucestershire were sold by an online “ebay” style auction; with a further site at Sellafield sold shortly after. The sales enabled the UK government to kick start its new nuclear build programme.

This is the latest in a string of awards for the firm which was named at the British Legal Awards 2010 Property Team of the Year and, earlier in 2010 at the Insider Awards (South West), Commercial Property Law Firm of the Year.

Head of Real Estate, Richard Clark, welcomed the latest recognition, saying: “It is a great achievement to receive industry acknowledgment of our work. This award confirms our position as one of the leading real estate teams in the UK and is a clear endorsement of our strength in depth and our market leading expertise and innovative service delivery.

“This was the first time a law firm had fully addressed the complexities of nuclear new build since 1983, therefore the programme of work attracted intense government, public and international interest.

“This was an incredibly demanding task, involving lawyers working in shifts on a 24/7 basis. It is testament to the department as a whole that levels of client service across the board were maintained throughout.”

Led by Partners Ian Salter (Head of Nuclear) and Paul Browne (Head of Nuclear Property) the core team on the project consisted of over 40 Burges Salmon lawyers plus the Nuclear Decommissioning Authority’s in-house legal team negotiating with seven legal teams of several consortia bidders over 19 months.

Employers in the South West face a challenge to get up to speed and ready to cope with a major change in the workplace for the region’s estimated 130,000 agency workers.

The warning comes from Acas, now that the Government has published final guidance on new laws also affecting the recruitment firms who handle ‘temp’ workers.

A study has revealed only one in ten employers is ready for the Agency Workers Regulations which are only three months away. The study for the job agencies’ trade body, the Recruitment and Employment Confederation, also found that seven out of ten employers are unaware of the impact of the biggest-ever shake-up of the temporary employment sector.

And recruitment companies say this is despite most of the employers who hire agency workers planning to maintain or increase their use of them. The South-West’s economy is increasingly looking to agency workers to fill gaps in the workforce.

The shake-up, which comes into force on October 1, aims to give agency workers the same basic employment rights on pay, working conditions and holidays as employees.

Recruitment agencies estimate the United Kingdom tally of temporary staff is about 1.4million, 4% of the nation’s workforce. But in the South West the proportion is traditionally twice as high, particularly in summer. At some times, half of all employers have at least one agency worker.

Agency workers are attracted to the region by its range of jobs demanding flexible and seasonal workers in tourism, hotels and restaurants, agriculture and construction. Education, health and local government are other sectors using agency workers such as supply teachers, nurses and administrators. All these sectors together account for more than half of all jobs in the region.

Area Director for Acas South West James Crass said: “It is vital that employers and recruitment agencies are trained to fully understand what the legislation means for them.

“Because of the impact of these changes, Acas has set up up-to-date courses around the region explaining the ins and outs of the regulations.

“I would also advise employers, recruitment agencies and agency workers to go to the Acas website for guidance.”

Acas is holding training courses in Bristol on September 20, October 4, 17, 21 and November 15. It also offers training in the workplace.