First, we have now reached 201 new charitable companies incorporated by us since 1st May 2011. Many of those will be academies, many will be more traditional charities. Each one represents a new organisation established to do something significant in society.

The other number which came up this week was featured in the recently published Cartias Top 3000. We consolidated our position at second in the table of legal advisers, with a total of 187 of these large charities reporting us as advising them. Our total last year was 175. Given that the criteria for listing these mainstream charities is annual income of £3m+, or funds of £6.5m+, this represents a very significant section of the voluntary sector which is advised by us.

201+187= a lot of hard work!

A study at Royal Holloway, University of London concludes that children find it difficult to judge the speed of cars travelling faster than 20mph.  Prof. John Wann states “children may make risky crossing judgments when vehicles are travelling at 30 or 40mph and in addition the vehicles that they are more likely to step in front of are the faster vehicles that are more likely to result in a fatality”.  

Critics of the scheme point to the cost implications.  An Oxfordshire newspaper claims Oxford County Council spent £300,000 and achieved only a 0.9mph average reduction in driving speed. However, the number of accidents was reduced. 

The difference in time to travel 1 mile at 20mph versus 30mph? Sixty seconds. 

How would a new 20mph limit be enforced? Sentencing guidelines issued to Magistrates suggest that any driver travelling at 21-30 mph can expect to receive 3 penalty points.  Any driver travelling at 31-40 mph, can expect to receive 4-6 penalty points or be disqualified for between 7 and 28 days. Those caught speeding at 41-50mph in a 20 zone can expect to receive 6 penalty points or be disqualified for between 7 and 56 days.  A driver who already has penalty points on his or her licence may be at risk of disqualification for 6 months under the “totting up” procedure if he or she reaches 12 penalty points. 

For further information, please contact Emma Haley on 07595 569503 or email: eh@stoneking.co.uk

Drink driving arrests are common at this time of year. Unfortunately the penalties for giving in to the temptation of “just one more drink” are severe. The offence of drink driving carries an automatic ban for a minimum of 12 months unless “Special Reasons” apply.  The consequences for work and family life can be disastrous. There are strict guidelines governing the length of the ban. However, the courts are open to persuasion and — as happened with one of our cases this week — sometimes the courts agree to impose a significantly shorter ban than they otherwise would.  As you might expect, my client was delighted.

I have spent several hours on the telephone this week, chatting to concerned motorists, with enquiries arriving from as far afield as the Middle East. People often worry that legal advice will cost a fortune. But if you need help, we offer 15 minutes of free advice by telephone or email. After that, we offer fixed fees, tailored to your circumstances. 

All too often I hear from clients that ‘you’re worth every penny’, which is good to know.

For further information please contact  Emma Haley  on email: eh@stoneking.co.uk or call her on 01225 324487.

Tom Legge from the consultancy firm Place Group spoke about the developing policy and approaches in the setting up of a Free School. He recapped on the highs and lows of opening the 2011 Free Schools and provided words of advice to those aiming to open in 2012/2013 and onwards and covered some of the demands that would be placed on the proposer groups.

Toby Young the founder of the West London Free School appeared by video link from the Conservative Party Conference to share his experience of the process and give some broad strategic advice to the current proposers about what they could expect from the process and some of the pitfalls. Key emphasis was placed on identifying a suitable site and working with a co-operative Local Authority.

Graham Burns from Stone King Solicitors gave a briefing on the legal aspects of the process including the requirements in setting up a Free School, the documentation involved and explained the different Free Schools models; including the applicant run trust, the education service provider and the sponsor model.

Graham Fox from European Electronique spoke about ICT planning and why it is so important for Free School proposers. He spoke about the risks, the funding and the importance of involving an ICT provider early in the process to ensure success on the opening day of a new Free School.

Finally Peter Kessler the founder of the Eden Primary School shared his experience with the proposers and gave them his top tips for the process.

The event was held shortly before the recent DfE announcement of the approval given for 55 new Mainstream Free Schools which will open in September 2012.

For further information please contact Graham Burns on Email: gb@stoneking.co.uk or Telephone: 020 7324 1760.

This can take a number of forms many of which appear to be legitimate. Some non-exhaustive recent examples include the sale of advertising space – for no apparent good reason when the charity concerned has nothing to sell – and invoices for services that do not appear to have been delivered. Often in attempting to get payment for these services the person or business responsible will go to extraordinary lengths including making at the least implied threats, a frequent example of which is to send bailiffs in to seize goods. This threat is often set against a background of apparently successful court action against the charity concerned, about which the charity has no knowledge.

Our Charity Team are receiving an increasing number of complaints from charities that have been in this unfortunate situation, many of whom feel intimidated into paying up or worse providing potentially compromising financial information including bank card details.

Our advice in such circumstances is that if there is any uncertainty as to whether the claim is legitimate then follow the steps set out below:-

1. Ask to see a copy of the relevant bill and ask for a breakdown of the services provided.
2. If you are told there is a county court Judgment against the Charity ask to see a copy of it.
3. If you are contacted by someone purporting to be a bailiff then ask to see written credentials.
4. Do not hand over any money until you are satisfied that the situation is genuine and if you are not convinced, you should contact us to obtain further advice (even if they are standing on your door step!).

If you are intimidated into paying up and consequently have doubts as to whether the claim is genuine contact your bank and ask them to watch for any unusual activity. Potentially also cancel bank cards in the event that there is any unexpected activity in a relevant bank account.

The matter may also be of interest to the Police but they are often reluctant to become involved unless there is clear evidence of a fraud. Local Authority Trading Standards departments are usually more interested in complaints of people trading in an unfair way particularly since the Consumer Protection From Unfair Trading Regulations became law in May 2008. The Regulations give wide powers to investigatory authorities to deal with many aspects of unfair trading including making it now a criminal offence to act in an intimidatory way towards consumers by what is termed an aggressive commercial practice.  

If you are concerned that you have been a victim of a fraud or are uncertain as to where you stand or what you should do, please contact Andrew Banks (AndrewBanks@stoneking.co.uk).

Wednesday 21^st September – Day 1

100 miles – longest hardest day through the Kent countryside from Crystal Palace to Dover. A 5am start for the lads, Tamsin wondered down at 6.15. Busy traffic getting out of London. We were called lots of names by irate and not very understanding drivers. Kent White Van Man didn’t share our enthusiasm for the ride. Tamsin fell off her bike after taking a wrong turn and Myles valiantly chased after her even though it took him 600 yards out of his way. Tamsin suffered a cut and some grazing on her leg but bravely soldiered on and wasn’t afraid to tell the other 51 contestants about it afterwards. Very hilly, rained most of the day and there were some dodgy junctions where some cyclists almost got run over! We were very glad to reach Dover and have some respite and a long awaited beer. Fish and chips on the ferry satisfied the hunger that we were feeling having completed approx 90 miles. Once we arrived in France we had to wait in the cold for about 20 minutes until all the traffic had left the ferry before starting a further 5 mile ride to the hotel.  We arrived about 9 30 pm very tired and ready for bed.

Thursday 22^nd September – Day 2

Just over 70 miles. Still hilly! We had thought after the first day it would be fairly flat but this wasn’t to be. Weather was kinder to us now we were in France with less rain but the wind was quite strong. We cycled from Calais to Abbeville where again we stayed overnight to recharge batteries for day 3. There were lots of high elevations which were often exposed and bleak. We had lost the use of the Blackberry and were unable to send photo’s back. The news from the office of the pictures we had sent seemed positive and therefore the loss of keeping those who had sponsored us up to date was really disappointing. Everyone was now really tired and there were more periods of silence (not from Simon though) and less banter. The humour often returned after lunch when we had replenished ourselves but the glucose high only lasted for a short period. Many people were suffering from sore bottoms too! Padded shorts and chamois cream (!!) coming in handy. It turns out you’re not supposed to wear pants when cycling. At the end of the day we reached a town with a super market. This provided Myles with the opportunity to buy fetching new cycling shorts. The request to do so had come from the team direct as the rain the day before had revealed more than we had expected. Version 2 was a touch on the revealing side also. We could only apologise to the other riders!

By Day 2 overall the group was getting more competitive and it was clear that Simon fancied his chances. As he took off he was pursued by Hugo who then spent the next two days trying, and largely failing to keep up. Simon’s nemesis was Penfold, a less talented and older cyclist who seemed to cling on to the pack of the leading group somehow.

Friday 23^rd September – Day 3

65 miles from Abbeville to Bouvais. Yet more hills. Beautiful countryside to distract attention from the cycling. Some people starting to flag from two days hard effort. Legs very tired. Starting to get sick of having to eat all the time for energy! Craving for curry instead of every single flavour of pasta you can think of. Random dog attacking people on away to lunch stop. Was Day 3 when we blitzed the field and won a stage ?

Saturday 24^th September – Day 4

The last day and the ride into Paris – about 54 miles. Much more relaxed and looking forward to the end – lunch on the Seine and a ride into Paris so traffic busy and down the Champs Elysee with the whole group (about 54 cyclists all raising money for their own causes) – everyone jovial and spectators were cheering us on.  They seem to like cyclists in France! (unlike England). A celebration at the Eiffel Tower and even a proposal (none of us!) and then a short ride to the hotel to rest and get ready for the celebratory dinner with everyone. Amazing feeling to end the trip at the Eiffel tower and bring the four days to an elated conclusion.

Sunday 25^th September – Day 5

Travel home – exhausted but happy to have completed the challenge. Had to get across Paris to the train station, with large bags full of very sweaty smelly clothes. All were feeling very tired and emotional. It had been such a rush reaching Paris, now the challenge was complete we all felt slightly flat. We arrived at the Gard Du Nord (train station) an hour before our return to London. The question that still remained was how were we to get our bikes and bags across London but decided that we would sleep on the train and figure logistics when we arrived. Four hours later saw us dismantling our bikes and shoving them into a black cab for the hour’s journey to Crystal Palace where our adventure had begun. Only to follow with another 3 hours travelling time back to Swindon and Bath. Looking forward to seeing how much money we had raised for H4H. Feeling it was all worthwhile. Trip was fantastically well organised and we were well looked after. Great team of fellow cyclists to spur each other on.

On behalf of the London to Paris cycling team, thank you to everyone who has so generously given to the H4H charity for our efforts. It really has kept us all going through all of the hard times on the ride and made it all worthwhile. If you haven’t donated but would like to, it is not too late to visit the link here.

This free event will feature informative presentations and expert advice on a range of issues associated with ageing, from managing personal affairs and finances to care funding, making a will and the importance of a good diet.

Our guest speaker this year will be Professor Roy Jones, director of the Bath-based Research Institute for the Care of Older People (RICE), who will speak about the latest developments in dementia treatment and research.

We are delighted that many Bath based charities and organisations will also be on hand to provide specialist advice. They include Age Concern, Bath Institute of Medical Engineering, Wiltshire Farm Foods, the charity Alive!, Ashcourt Rowan Financial Planning, Bath Stroke Support Group, Arthritis Care, Alzheimer’s Society, BEMSCA, Care South,BANES Care & Repair, Cross Roads Care Wessex, Home Instead, Dorothy House, Action on Hearing Loss, Four Seasons Health Care, U3A, Deaf Plus, Bluebird Care, Avon and Wiltshire NHS, and Action for Pensioners Bath and North East Somerset.

Alison Allen, head of Stone King’s trusts and estates team which has specialist expertise in advising older clients, said: “Many older people and their families struggle to find the advice they need when life gets difficult. There is also some concern and confusion about plans to overhaul the funding of social care in this country.

“The Bath Older People Show will bring all the essential advice and expertise together under one roof, making it easier for people to access the important information and services they need.”

For detailed advice on the Bribery Act 2010 and how it may affect your charity or organisation, please contact Tom Murdoch on 020 7324 1750, tm@stoneking.co.uk.

Each family charter will be unique but the sorts of matters which are covered are long term goals, ownership into the future employment of family members operational oversight and the making of major decisions.  Sometimes a family council is established and what are called next generation meetings may be provided for.  The vision for the business and ethical or other values to be applied will naturally come into play.  Dividend policy, the effects of marriages and divorces and any failure to perform as director and/or employee can be dealt with within a settled framework.  It is even possible to provide for a charitable foundation or an enterprise fund to assist those who wish to pursue other ventures.  Reviews of the charter and a dispute resolution procedure can be built in.

Such a document is not an alternative to having sufficient arrangements of a contractual nature in the parent company’s articles of association and/or in a shareholders agreement.  Those are needed to cover the current position whereas a family charter is a particular benefit in building for the future.

For more information please contact Roy Butler, Partner, Head of Corporate & Commercial on Tel: 01225 326769 or Email: RoyButler@stoneking.co.uk.

The government-commissioned Dilnot report recommends a number of changes to the current care system, including a £35,000 cap on individual liability for care costs. The report also proposes raising the means-tested threshold at which people have to pay for care from £23,250 to £100,000.

We welcome the proposals as the current system is unfair and confusing. It’s become a postcode lottery with the quality of care and funding you receive dependent on where you live. My trusts and estates team has been busy helping older people and their families involved in care funding disputes with local authorities and the NHS. Many faced having to sell their homes to pay for their care costs.

If the proposals are adopted then it will be less likely that the elderly will lose their properties. We hope it will also encourage the insurance industry to develop polices to cover any care costs below the £35,000 cap. At the moment it’s impossible for anyone to plan to pay for their care because there are no financial products on the market that allow you to do this. So anything that provides more clarity and certainty for people should be welcomed.

But the report also raises the possibility of pensioners having to pay national insurance for the first time to fund the changes. This means that older people could bear the brunt of the taxation burden, which would be a case of giving with one hand and taking with the other.

It’s also important to note that the proposed £35,000 cap would not include care home accommodation and living costs which people will have to pay for. And there will still be limits on what cash-strapped councils will fund so if you want more choice in the care you receive you may have to pay more.

To conclude, something has to be done to reform the current system and meet the care needs of our ageing population. But questions remain as to how these changes will be paid for and who should foot the bill.

Authored by Alison Allen.

For more information about our services for older clients please contact Alison Allen, Partner, Trusts & Estates Team on 01225 324407 or email Alison by clicking here.