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Manchester law firm converts to ABS in "difficult climate" of legal sector

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Manchester-based personal injury law firm, Express Solicitors, has successfully converted to alternative business structure (ABS) status.

It was granted an ABS license from the Solicitors Regulation Authority (SRA) on 1 April 2014, which will help the firm drive forward with growth plans in the coming months.

Managing partner at Express Solicitors, James Maxey said:  “We’re delighted to have secured an ABS license from the Solicitors Regulatory Authority, as it will simply put us in a stronger position to continue moving forward in what is a difficult climate for the legal sector.

“It will allow us to bring qualified non-legal professionals into the fold to help us further improve the quality of our services and it also makes external investment a possibility in the future.

“We’ve had consistently strong growth in profitability over the years - last year reporting a 35% increase in fee income to £7.2m for the year end in 2013 - despite the changes in law that actually make it harder for personal injury law firms to succeed.   We believe operating as an ABS will keep us on the right track going forward.“

Express Solicitors currently comprises 148 employees including 13 partners and 47 earners.  The firm specialises in personal injury and accident claims, medical and clinical negligence claims and serious injury cases.


£2 million settlement saves property developer Jan Fletcher from bankruptcy order

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A judge has formally dismissed a bankruptcy order against property developer Jan Fletcher on request from Leeds City Council after a £2 million out of court settlement of the council’s costs was reached.

An agreement that Ms Fletcher pay the council £2 million has been signed outside the court and the council therefore formally requested that a district judge dismiss the bankruptcy petition it had filed in order to retrieve its costs.

Deputy district Judge Buchan agreed the council’s request and dismissed the petition at Harrogate County Court today.

The £2 million costs had been awarded by High Court judge Mr Justice Supperstone nearly a year ago. This followed the failed attempt by Montpellier Estates Limited (MEL) to sue the council over the awarding of the contract to build Leeds Arena.

When MEL failed to pay the judge then granted permission to the council to pursue the company’s former chair Ms Fletcher personally for the costs.

She gave a written undertaking to the council in July 2012, before the original case began, guaranteeing payment in the event of MEL both losing the case and not being able to pay up.

Leeds City Council chief executive Tom Riordan said: "I’m very pleased that we have been able to recover a significant sum of the money we should never have had to spend in this case. I’m satisfied, based on legal advice, that this is a good deal for council taxpayers.

“This has been a long drawn-out and costly legal process and we are finally drawing a line under it by recovering as much as possible of public money at a time when our budget pressures are particularly severe.“ 

After the original High Court hearing Mr Justice Supperstone had ruled that the council had been perfectly entitled to cancel the competition to develop the arena and build it itself when other bids were found to be not good value for money. He also said that the deceit element of MEL’s claim should never have been brought.

DWF cementing growth with new Commercial Services CEO

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Top 20 law firm DWF has strengthened its senior management tier with the appointment of  Stephen Miles as Chief Executive Officer of its Commercial Services division.

Mr Miles joins DWF from Pinsent Masons where he was Head of Financial Institutions and Human Capital, and a member of the firm’s leadership team.

H will be responsible for executing the firm’s Commercial Services strategy, driving forward DWF’s market-facing activities and co-ordinating the firm’s major commercial practice groups – corporate and banking, litigation and real estate – to deliver further growth.

DWF’s Commercial Services division accounts for approximately £100million of turnover (with the remainder attributable to insurance services), employs over 600 people and has 194 partners. The division’s core strengths are in corporate, banking, employment, litigation and real estate, all of which have national reach through the firm’s operations in 12 locations in the UK and Ireland.

Stephen Miles will be a member of both DWF’s Executive and Strategic Boards and will report directly to Managing Partner Andrew Leaitherland who, prior to this appointment, was undertaking the CEO responsibilities in addition to his Managing Partner responsibilities.

Mr Miles will work closely with Chief Operating Officer Natalie Griffin who is responsible for operational management within the Commercial Services division as well as the three Commercial Services Practice Group Heads, Nic Crocker, Graham Dagnall and Alasdair Peacock.

DWF’s Managing Partner Andrew Leaitherland commented: "This role is critical to the future development of Commercial Services at DWF and Stephen’s wealth of management experience, his strong leadership track record and his impressive understanding and insight into changing client needs will give us an exceptional platform for future growth."

Mr Miles, said: "DWF is a forward-thinking and ambitious business which is looking to cement its position in the UK top 20 and there is a real opportunity here for me to help develop the firm’s national reputation for commercial legal services and deliver significant growth across the UK. I’m very excited by the prospect of this new challenge."

DWF focuses on six main industry sectors comprising central and local government; energy and industrials; financial services; retail, food and hospitality; technology; and transport with clients including household names and FTSE-listed companies such as adidas, Barclays Bank, De Vere Group, Greene King, Royal Bank of Scotland, Virgin Trains and Whitbread.

The firm has been steadily building its commercial capability and over the last 12 months has made a number of strategic lateral hires to increase its strength and depth across a range of commercial disciplines including corporate, employment, litigation and real estate.

CBI welcomes Cable’s warning shots over unscrupulous directors

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The Business Secretary has introduced a group of measures designed to combat tax evasion, fraud and curtail reckless directors.

Announced over the weekend the Government tools are intended to clean up the UK’s investment climate and have been welcomed by the CBI.

Legislation is required ahead of two sets of reforms - one aimed at "rogue" directors, and the other at tackling opaque corporate structures used for illicit purposes.

The proposals include the ability for Government to intervene and ask the court to award compensation against a disqualified director; a change in disqualification law so judges now have a duty to take into account a wider range of matters when considering whether to disqualify an individual, such as their previous business failures, the nature of any losses, overseas conduct and breaches of specific laws; and the ability to ban directors in the UK, for oveseas offences.

To tackle hidden company owners and promote corporate transparency an open, publicly available beneficial ownership register is proposed.

This will be coupled with the scrapping of physical ‘bearer shares’ - shares issued by a company which belong to whoever owns it.

Government is to also look at limiting the use of companies being directors of other companies and better educating directors on their duties before they start.

Vince Cable said: “The UK is already one of the best places in the world to start, grow and run a business. However, for consumers, investors and the wider public to really trust a company they need to know who is really in charge.

“This is why I’m making sure we take tough action tackling the darker side of capitalism and the smoke and mirrors which have existed for too long. No longer will UK companies be able to use complex structures and trails of paperwork to hide information and keep the public in the dark.”

Matthew Fell, CBI director for Competitive Markets, said: “These new rules which will help ensure that the UK’s world-leading company law regime continues to underpin its attractiveness as a place to do business.

“Tackling the damaging behaviour of a small minority of individuals will help to reinforce confidence in the majority of directors who run their businesses well and create jobs and growth throughout the UK.”

On the new company beneficial ownership rules, Mr Fell added: “Businesses back the creation of a beneficial ownership register which will support efforts to promote transparency and stamp out illicit financial activity.

“Equity investment is a vital but under-used source of finance for the UK’s growing mid-sized businesses, so we must be careful to distinguish between this legitimate private investment and the illicit financial activity targeted by this new measure.

“The real benefit of the new register is the ability to track company ownership information around the world. Now that the UK has chosen to make this a public register, ensuring that others follow our lead will be critical to its success and to maintaining a level playing field.“

Three injured in floor collapse at Trafford mansion

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Two building firms have been ordered to pay a total of £72,000 in fines and costs after a floor collapsed during the construction of a six-bedroom mansion in Trafford, injuring three workers.

One of the men sustained major injuries when he was struck by a falling concrete beam, was in hospital for five weeks and has been unable to return to work following the incident on 11 November 2011.

Belmont Homes (Cheshire) Ltd and Sale-based Waymac Ltd were both prosecuted by the Health and Safety Executive (HSE) after an investigation found that work at the site had been badly planned, putting multiple lives in danger. 

Liverpool Crown Court heard that property-developer Belmont had brought in several contractors, including bricklaying firm Waymac, to help with the construction of the four-storey property, valued at £2 million, on South Downs Road in Bowdon.

During the project, the firms discovered that the frame for the first floor was too high and needed to be lowered. This meant reducing the height of some of the concrete padstones that the frame rested on by lifting the frame and then lowering it back down.

As the concrete beams for the floor were put in place following this work, the floor collapsed. Three of the men fell with it, with the beams falling on top of them.

Two workers escaped with minor injuries but one suffered severe injuries when he put up his left arm to protect his head from a falling concrete beam, weighing around half a tonne. 

The 47-year-old from Wythenshawe sustained a crushed arm, fractured ribs, punctured lung, broken collar bone and damage to his back. He has lost the use of his left hand and only has very limited use of his left arm.

The HSE investigation found the work to lower the steel frame had been badly planned, and neither company had considered the potential risk of collapse while the structure was in a temporarily weakened state.

Belmont Homes (Cheshire) Ltd, of Budworth Heath in Cheshire, was fined £33,000 and ordered to pay costs of £15,000 after pleading guilty to a breach of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of workers.

Waymac Ltd, of Eastway in Sale, was fined £9,000 and ordered to pay £15,000 in prosecution costs after pleading guilty to a breach of the Construction (Design and Management) Regulations 2007 by failing to ensure the structure did not collapse as a result of its work.

HSE Principal Inspector Neil Jamieson said: “One of the workers has suffered devastating injuries as a result of the collapse, and the other two were lucky not to have been more seriously injured or even killed.

“Belmont was responsible for the overall management of the work and the company failed to get a grip of the project. Waymac is also an experienced bricklaying firm and it should have been obvious to both companies that lifting and lowering the floor could be dangerous.

“They should have sought the advice of a structural engineer before allowing the work to go ahead. If they had then the injuries the workers suffered could have been avoided.”

According to the latest figures, workers in the construction industry are four times as likely to be killed at work compared to the average worker.Information on improving safety is available at www.hse.gov.uk/construction.

Manchester legal recruiters report 44% rise in candidate placements

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Manchester-headquartered legal recruitment agency BCL Legal has announced its highest ever number of candidate placements in one quarter since it started trading 11 years ago.

The firm placed 230 candidates across its network of offices in Manchester, London, Leeds, Birmingham, Liverpool, Reading and Bristol in the first three months of 2014 compared to 160 during the same period in 2013. This equates to a total rise of 44% year on year.

The results cover permanent, fixed term contract and temporary roles handled by its dedicated private practice and in-house departments.

On the private practice side, demand is being driven by the property, personal injury, conveyancing, commercial & corporate sectors; whilst the in-house division witnessed growth in manufacturing, defence, energy, technology, retail, FMCG, leisure and financial services.

These results follow BCL’s opening of its first office in London last March, where staff numbers have doubled.

Several new members of staff have also been recruited across all of its regional divisions, bringing the firm’s total headcount to 48.

James Batt, director of BCL Legal, said: "We’re delighted with these results and I believe they reflect our commitment to delivering a first class service that is tailored to our clients and candidates. We spend a lot of time understanding the market, analysing what’s driving it and identifying where demand is coming from.

"We’ve also invested heavily in our team development programme, IT systems and general business infrastructure - all of which allows us to be as proactive and productive as possible.

"We now have a very strong platform that will allow us to really focus on growing our headcount, presence and overall market share in the UK.“

Altrincham firm fined after worker suffers broken back in six-metre fall  

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An Altrincham-based solar panel installation firm and its technical director have been prosecuted after an employee broke his back when he fell six metres through the roof light of a barn.

The 20-year-old from Woolston near Warrington has been unable to work and has suffered constant pain and depression since the incident at Norton Grounds in Daventry, Northamptonshire, on 28 November 2011.

Northampton Crown Court heard that he fell while installing solar panels for Altrincham-based Alternative Energy Installations Limited, which has since gone into liquidation.

Soft floor material in the barn, used for horse training, helped to break his fall, but he was still hospitalised for four weeks with a serious back injury. The incident has had a significant impact on his life.

The Health and Safety Executive (HSE) investigated and prosecuted the firm and technical director Ian Black for failing to control the risk of falling through fragile roof materials.

Crawling boards and safety netting were subsequently used to continue the job after HSE served a Prohibition Notice ordering urgent safety improvements in the aftermath of the fall.

Alternative Energy Installations Limited, registered with Hodgsons Accountants of Park Road, Timperley, was fined £30,000 and ordered to pay £27,000 in costs after being found guilty of breaching Section 2(1) of the Health and Safety at Work etc Act 1974 on 22 April 2014.

Ian Black, of Henallan Street, Denbigh, Wales, was fined £7,300 and ordered to pay £6,700 in costs after pleading guilty to the same charge at an earlier magistrates’ court appearance.

After the hearing, HSE inspector Peter Snelgrove said: “This fall could have been fatal and was entirely and easily preventable. As it is, the incident has dramatically affected a young man, starting out in life, and he has not worked again since.

"He has been affected personally, emotionally and physically and has had to change his whole way of life – and will more than likely need to retrain and his loss of self-confidence has had a drastic effect on his social life.

“The director was aware that the roof lights were fragile, but failed to put any measures in place to prevent falls, despite another worker asking if they would be wearing safety harnesses, at which Mr Black laughed.

“The fact that they were able to overcome the problem so simply afterwards, by using crawling boards and safety netting, shows how easy it was to prevent the incident.

“Alternative Energy Installations Limited should have ensured that the work at height was properly planned and that workers had the right protective equipment and had been trained in its use.“

Last year more than 6,300 employees suffered major injuries after falling from height at work. Working on roofs account for almost a quarter of all workers who are killed in falls from heights, and falls through fragile materials like sky lights account for more of these deaths than any other single cause. Many others are seriously injured and are left with life-changing disabilities. Information on preventing falls is available at www.hse.gov.uk/falls

Northumberland law firm scoop £150k investment to attract bigger clients

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Northumberland-based law firm Clifford James Consultants (CJC) have secured a £150k investment from the Finance of Business North East Growth Fund.

The firm, which specialises in a niche area of motoring and insurance law, is now hoping to expand its capacity with an increased workforce and training.

Stocksfields-based CJC already works with a wide range of blue-chip companies, private clients and insurance companies, and over recent years, its cases have been at the forefront of national developments in this area of the law.

The firm is now looking to expand its operational capacity, and is already working with a major insurer on a new product relating to claims handling.

In order to upgrade its operational systems, and recruit and train the staff needed to deliver its business plan, CJC has turned to regional fund management firm NEL Fund Managers for a £150k investment from the Growth Fund, with long-term advisors Baker Tilly supporting CJC in obtaining the capital injection.

Clifford James Consultants Ltd set up its specialist diminution claim service in 2006, and acts for both clients making a diminution claim as well as insurance companies looking to defend diminution cases with no merit.

Stewart Fairhurst, managing director at Clifford James Consultants, said: “We’re one of the few law firms that have chosen to focus specifically on this area, and we’ve gained a great deal of detailed knowledge about it as well as a leading position within the sector as a result.

“The law of diminution has rapidly developed since we started trading, with our cases and expertise being instrumental in many of these changes.

“We already advise many of the biggest names in the industry, and now want to enhance our capacity to manage even more work from more and bigger clients.

“The systems upgrades and new staff training provisions that we’re putting in place will give us the resources we need to take advantage of the many commercial opportunities that we believe are out there for us right across the UK, and we’ll be looking to grow the team on the back of the new contracts that we’re confident will come our way.

“We looked at more traditional options for bringing new capital into the business, but NEL offered us the option that best suited our needs.  The team took the time to understand what is a complex sector, and their support has given us the opportunity to move our business to a new level.”

Jane Siddle, investment executive at NEL Fund Managers, adds: “CJC has a well-established position in an expanding and valuable niche market, and their management team now has the resources that will deliver on their commercial vision for the future of the firm.”

Michael Cantwell, associate director within Baker Tilly’s North East Corporate Finance team, added: “We have been working closely with Clifford James Consultants to develop its expansion strategy and secure the required funding package.

“With this funding now successfully secured, we look forward to continuing to assist the company in the next phases of their expansion.”

Aimed at regional businesses which are at a development and growth stage, the Growth Fund forms part of the wider Finance for Business North East Fund.

Managed by North East Finance, it will see £125 million of investment capital injected into the region by the European Investment Bank and the European Regional Development Fund 2007-13 over a five year period.

NEL is looking to make around 130 investments over the five-year life span of the Growth Fund, and is actively looking to speak to ambitious north east companies with robust business plans.

For more information about NEL’s investment criteria, visit www.nel.co.uk or contact the investment team on 0845 111 1850.


Roofing firm caught on camera risking lives

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A roofing firm and its managing director have been fined after they allowed workers onto a house roof in Tyldesley to use a jet washer without safety measures in place.

The Health and Safety Executive (HSE) was alerted to the dangerous work at a semi-detached house by a member of the public on 6 June 2013, who took a photo showing a man standing halfway down the sloping roof using a jet washer to clear moss and other debris.

An HSE inspector visited the site later the same day and immediately issued a Prohibition Notice ordering the workers from IQ Roofing Solutions to come down until scaffolding or other safety improvements had been implemented.

Trafford Magistrates’ Court heard that Managing Director Stuart Bell had visited the site on the morning the work was due to start, and so knew it would be carried out without scaffolding around the edge of the roof.

The company also failed to provide proof that it held Employers’ Liability Insurance – a requirement under UK law – which allows workers to claim compensation if they suffer a workplace injury.

The court was told that the company had previously been served with a Prohibition Notice in 2011 relating to unsafe roof work and so was well aware of the dangers.

IQ Roofing Solutions pleaded guilty to two breaches of the Work at Height Regulations 2005 and one breach of the Employers’ Liability (Compulsory Insurance) Act 1969. The company, of Nelson Street in Tyldesley, was fined £3,000 and ordered to pay £2,000 towards the cost of the prosecution on 24 April 2014.

Stuart Bell, of the same address, was fined £1,000 and ordered to pay prosecution costs of £1,619 after admitting two breaches of the Work at Height Regulations 2005.

Speaking after the hearing, HSE Inspector Laura Moran said:“Falls from height are responsible for around a third of workplace deaths every year, with 25 people losing their lives in 2012/13 alone. 

"I’d therefore like to thank the member of the public who alerted us to the work, as they may well have prevented a serious injury.

“Both IQ Roofing Solutions and Stuart Bell put workers’ lives in danger by allowing them onto a slippery roof without safety measures in place. This meant that workers could have been badly injured if they had slipped and fallen to the ground below.

“If workers had been injured then they may not have been able to claim compensation as the firm also failed to provide us with any proof that it had Employers’ Liability Insurance.“

New city centre offices unveiled for growing law firm

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A commercial law firm in Newcastle is moving to new city centre offices to support its continued expansion.

Clarke Mairs LLP has occupied newly refurbished offices at One Hood Street after relocating from Royal House on Market Street. 

The firm has grown steadily over the past six years and has made a number of key appointments in the last twelve months including Lee Betchley, a dual qualified barrister and solicitor specialising in employment law, Emma Pringle and Rachel Swinburne who are building the Private Client Services division. The practice also acquired Neil McQueen & Egner in 2012.

The 7,000 square foot offices have been selected to provide room for further growth.

Tim Clarke, senior partner at Clarke Mairs, said: “We’re really pleased to have found offices in the centre of Newcastle.  We had looked at premises on the quayside and in business parks slightly out of town but our clients tell us they prefer the central location where they can easily pop in while in town.

“Expansion has been slower than originally expected, due to the challenging economic climate, but now there are strong signs of renewed business confidence, and we are in a good position to expand the firm.  Our growth can be attributed mainly to referrals and to a great team – we take great care in employing the right people with skills, expertise and personality.  The larger offices give us the scope to continue the expansion and we are looking out for the right candidates.”

Clarke Mairs is ranked in the Legal 500 and Chambers 2014 listings and is LEXCEL accredited through the Law Society.

Clarke Mairs LLP, 1 Hood Street, Newcastle upon Tyne NE1 6JQ. Tel: 0845 111 0795. www.clarkemairs.com

Sheffield’s hlw Keeble Hawson becomes one of 4 UK firms accepted into global network

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Yorkshire law firm hlw Keeble Hawson has become the first legal practice in Yorkshire and the North East to be accepted as a member of the Consulegis network.

The practice is one of just four in the UK to join the network, which only accepts independent businesses.

Consulegis members span 45 countries and 150 cities, the network connects businesses and individuals who are seeking advice, guidance and opportunities across international and cultural boundaries.

hlw Keeble Hawson managing partner Paul Trudgill led the application and attends best practice conferences in the UK and overseas.

He said: “Increasing globalisation is bringing a wealth of opportunities in international markets - both for us as a practice and for our clients who recognise that such opportunities require them to consider and respond to any legal implications which may arise. 

“Membership of Consulegis gives us access to like-minded experts who represent all business and areas of major international economic significance and who we can call on to provide our clients with the best possible advice.

"In the same way hlw Keeble Hawson can   assist the clients of our fellow member firms with their legal requirements in the U.K.

Northumbria students put forward convincing case to regional law firm

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A Legal expert from North East law firm, Gordon Brown, has announced the winning students of Northumbria University’s Student Law Office (SLO) annual advocacy competition.

Head of dispute resolution at Gordon Brown Law Firm, Jonathon Stokes, has worked with the university on the competition, which celebrates the learning and experience of students, since it began in 2009.

Jonathon took on the employment judge’s role across two afternoons in March, where pairs of students took their turn to represent the claimant or respondent in an employment-based litigation scenario.

The students argued their case in an Employment Tribunal set-up hosted by Northumbria University, and after hearing from all the representatives, Jonathon consulted the tutors to decide on the winners. Eleanor Storey, Robert Whitman, Samantha James and Amy Murray were awarded £100 book vouchers for coming first place.

M Law (Exempting) student Eleanor said: “The competition was a great opportunity to practice my advocacy skills, and I feel I have a better understanding of the employment tribunal rules and procedures because I was able to see how they could work in practice.

“Jonathon provided some really useful insight into how to conduct yourself in a real employment tribunal or the High Court, and although I was nervous about presenting in front of him and a room full of students, I certainly think that the experience has increased my confidence.“

Gordon Brown, which has offices in Newcastle and Chester-le-Street, sponsors the now yearly competition and provides prizes for the top three places.

Jonathon said: “The student advocacy competition is something I always look forward to – I much prefer being in the judge’s seat than being the one speaking to the judge!

“The things I look for are the students’ understanding of their scenario, evident research material to support their argument and all presented in a manner which is clear, confident and engaging. I ask some challenging questions at the end so it’s always good to see how they are able to think on their feet.

“It’s certainly a worthwhile experience for those who get involved, preparing them in part for real life situations, and I personally find it extremely interesting to see how the students of today have developed compared to my era of education.“

The Student Law Office is a hugely successful clinical legal education scheme whereby law students participate in a legal advice and representation scheme on behalf of clients as part of their academic and professional development.

The office is run as a full legal service just like any other firm of solicitors. Practising lawyers closely supervise the students’ work and have overall responsibility for ensuring that clients receive a professional service.

Smuggled cigarettes found in Liverpool shop

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A hoard of illicit cigarettes, which had been concealed in a ceiling space, was discovered during a search of Merseyside centre food-store, a court has heard.

Liverpool Magistrates Court was told that officers from the city council’s Alcohol and Tobacco unit and Merseyside Police visited Marmaris Foodstore in London Road in July 2013.

Ahmed Rasool, the owner of the store and a director of Marmaris Foodstore Ltd, was present.

Officers searched the premises, and on the second floor one saw a ladder placed against the wall, and on climbing up, was able to move the ceiling panel in the suspended ceiling. 

The officer found 1,026 packets of Marlboro Red cigarettes, 377 packets of L&M Red cigarettes, 459 packets of MG, 263 packets of Marlboro Gold cigarettes, 440 packets of Pect cigarettes, 319 packets of Goal cigarettes, 110 packets of Viceroy cigarettes, 101 packets of Viceroy Blue and 950g of Golden Virginia hand rolling tobacco hidden in the ceiling space – a total of 67,000 cigarettes worth £25,000. None carried the required health warnings. 

Under caution, Rasool admitted to buying the cigarettes from “people who had brought them back from abroad”. He said he sold them to “poor people who could not afford the normal ones” claiming the UK imposes too much tax on them.

Marmarise Foodstore Ltd and Rasool pleaded guilty to 10 counts of supplying cigarettes without health warnings.

District Judge Shaw fined Rasool and the limited company £750 each, awarded £690 costs to the City Council, and ordered the forfeiture and destruction of the cigarettes seized.

Dr Sandra Davies, Interim Director of Public Health, said: “Liverpool has one of the highest levels of lung cancer and smoking related deaths in the country. 

“Selling smuggled cigarettes undermines smoking cessation programmes and allows easy access to cigarettes particularly by those who are too young to buy legitimately and would not be able to afford them. 

“This retailer clearly knew what he was doing was wrong and this result sends a clear message to anyone thinking of involving themselves in this trade to beware as strong enforcement action will be taken.“

Manchester care home in court over vulnerable resident’s injuries

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A Manchester care home has been fined for safety failings after a vulnerable resident was badly injured when he fell from a first floor window.

The privately-run Nada Residential and Nursing Home was prosecuted by the Health and Safety Executive (HSE) following the incident at its premises on Cheetham Hill Road on 1 December 2012.

Trafford Magistrates’ Court heard the 63-year-old man, who suffers from dementia, was found on the ground under his bedroom window with fractures to his leg, knee and back. He told staff he had wanted to get some fresh air.

The court was told the risk of patients falling from open windows was well known in the care home sector, and restrictors should have been fitted to the widows to prevent them from opening more than ten centimetres.

The HSE investigation found the care home had failed to properly assess the risk of residents falling from windows, or take suitable action to prevent this from happening.

Nada Residential and Nursing Home was fined £8,000 and ordered to pay prosecution costs of £597 after pleading guilty to single breaches of the Management of Health and Safety at Work Regulations 1999 and the Health and Safety at Work etc Act 1974.

Speaking after the hearing, HSE Inspector Lorna Sherlock said: “The care home looks after people with dementia or mental health conditions and so many of its residents are particularly vulnerable.

“The 63-year-old man was badly injured in the fall but it could easily have been much worse. It simply should not have been possible for him to be able to push open his bedroom window to a point where there was a risk of him falling out.

“Nada has now fitted restrictors to all of its windows to stop them opening more than a few centimetres. If these had been in place at the time of the incident then the resident’s injuries could have been avoided.“

Illegal tobacco haul seized in Cumbria raids

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Illicit cigarettes and counterfeit tobacco have been seized in a multi-agency operation across Cumbria.  Officers visited several houses in Workington, Carlisle and Dalton in Furness.

Trading Standards Officers, supported by the North West Illicit Tobacco Team and Cumbria Police, visited eight residential addresses in Workington, Carlisle and Dalton in Furness, to search for tobacco products not intended for UK distribution.

Officers recovered 3,360 illicit cigarettes which were incorrectly labelled and not intended for sale in the UK and 1.9 kg of counterfeit Golden Virginia hand rolling tobacco. The street value of this haul it estimated to be in excess of £700.

The visits were intelligence led following the Service receiving information via Crimestoppers and Cumbria Police.

Mike Smyth, Cumbria County Council’s public protection manager, said: “This a fantastic result and demonstrates how committed agencies are in tackling the supply of illegal tobacco.

“I would urge anyone engaging in this type of illegal activity in Cumbria to take note and understand that enforcement action will be taken against anyone involved in such trade. Those involved in dealing in illegal tobacco may be encouraging people, including children, to smoke by providing a cheaper source.”

Andrea Crossfield, director of Tobacco Free Futures, said “We, along with partners such as HM Revenue and Customs and local authorities including Cumbria County Council, have been working successfully to cut the supply of and demand for cheap illegal tobacco.

"Its low price and easy availability encourages people to keep smoking, and children and young people are often targeted by unscrupulous traders. This enforcement action is therefore welcomed.“


Manchester law firm acquires solicitors for £250k after £4.1 million refinancing package

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Manchester-based personal injury law firm, Express Solicitors, has completed the acquisition of Lavin Copitch Solicitors for £250,000.

The transaction comprises the acquisition of all Lavin Copitch Solicitors’ work in progress totaling several hundred personal injury files.

Express Solicitors’ first ever acquisition was made possible due to a £4.1 million refinancing package from RBS Corporate following the firm’s successful conversion to alternative business structure (ABS) status, secured from the Solicitors Regulation Authority (SRA) 

Managing partner at Express Solicitors, James Maxey said:  “We’re delighted to announce our first acquisition, which is part of our ambitious growth strategy. 

"Our team of specialist lawyers are looking forward to continuing the good work that Lavin Copitch Solicitors has started and providing a seamless and exceptional service for its clients.”

Partner at Lavin Copitch Solicitors, Tom Lavin said:  “Following the acquisition, experts at Express Solicitors will now provide our clients with the high quality legal service they are renowned for as they help them fight for the justice they deserve.”

Express Solicitors was advised by its own accountants, Simpson Burgess Nash and law firm, O’Connors LLP.

Established in 2000, Express Solicitors is based at Palatine Road in Northenden, Manchester.  Specialising in personal injury and accident claims, medical and clinical negligence claims and serious injury cases, the firm currently comprises 148 employees including 13 partners and 47 fee earners. 

Lavin Copitch was founded 15 years ago and comprised two partners working out of offices in Altrincham and Gorton.

Record year for Weightmans

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National law firm Weightmans LLP has achieved a record turnover of £87m for its 2013/2014 financial year.

The practice, which has offices in Liverpool, Manchester, Knutsford and nationwide, reported an increase of £5m on the previous year’s result of £82m.

Revenues grew by 6.6% across all business lines, with many practice areas exceeding annual targets.

Net profit increased by 2% to £24.1m and debt was reduced by 64% from £9.6m to £3.5m.

The full-year result follows a 7 per cent increase in revenue for the first six months of the last financial year (8 November 2013).

Weightmans elected commercial partner John Schorah as its new managing partner earlier this year, replacing longstanding chief Patrick Gaul, with Dan Cutts taking over from Ian Evans as senior partner.

Over the past year, the firm has enjoyed a period of rapid growth, including “realigning its culture in a national transformation project”, changing technologies and working practices in line with client demand, launching a new insurance business line, and making a number of key appointments.

John Schorah said: “This has been another positive year of organic growth and change for the firm.

“The figures are a direct result of our commitment to providing a truly authentic exceptional client service, innovative solutions and above all, teamwork.

“This is a real testament to the hard work of our people. I would like to thank everyone for their continued efforts and our clients for their continued support.”

He added: “This year we are continuing our focus on technological innovation, making significant improvements to our processes internally, but also externally enhancing client experiences.

“We have an exciting year ahead, starting with our involvement in the International Festival of Business this summer.

“Over the next 12 months we will continue to invest in our business, for our clients and our people, and strengthen our brand as we continue to grow.”

York-based Langleys Solicitors reports year-on-year growth

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Langleys Solicitors LLP continues to enjoy year-on-year growth, recording revenues of more than £20 million to this year end (April 2014).

The results mean growth of over 7% for the company which employs almost 400 staff across its offices in York and Lincoln.

Langleys is experiencing a strong start to the current financial year in which it is also investing in the refurbishment of its York base – Queens House in Micklegate.

The law firm counts among its regional and national clients Severfield plc, First Group, Newcastle City Council, Indesit, Brit Global Speciality and UPS.

Langleys has also increased the number of its employees in the last year – up 2.4% on 2012-2013.

David Thompson, managing partner at Langleys, said: “We have performed extremely well in tough market conditions and amid the continued diversification of the UK legal sector.

“Our revenue growth is testament to the Langleys business delivering consistently high quality, professional legal services to established and new clients.

“I’m confident we will continue to perform well in the coming months, meeting the firm’s strategic objectives to achieve success.”

In the latest Legal 500, Langleys is ranked in a total of 20 practice areas with rankings in three new areas: Regulatory, Construction and Court of Protection.

A total of 25 lawyers across Langleys’ two offices are recommended, and a further four practice areas – Insurance, Commercial Property, Family and Agriculture –improved their rankings on last year. Langleys is classed as a top-tier firm in Agriculture.

Cheshire farming firm sentenced over worker’s death

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A farming company in Middlewich has been fined £50,000 after a father-of-one suffered fatal injuries when a 1.5 tonne concrete panel fell on him.

Sean Bennett was helping to build a new cowshed at Yew Tree Farm in Stanthorne when the incident happened on 8 December 2010. The 30-year-old farm worker from Winsford died in hospital two days later.

T Lea Sherwin Ltd, which owns the farm, was prosecuted by the Health and Safety Executive (HSE) after an investigation into his death found the lifting equipment was entirely unsuitable for the job.

Liverpool Crown Court heard that the company specialises in dairy farming but chose to build the new cattle shed without the assistance of a specialist construction company.

Mr Bennett was asked to help lift concrete panels into place to form the walls of the new cowshed. This was done by suspending panels from the farm’s telehandler vehicle, using chains and bolts to move them into place.

The court was told the firm failed to carry out a proper assessment of the risks, or to make sure a safe system of work was in place. As they lifted the panel, which was six by one metres in diameter, the bolts attached to the lifting chains snapped and the panel fell onto Mr Bennett.

T Lea Sherwin Ltd, of Coalpit Lane in Stanthorne, was fined £50,000 and ordered to pay £28,585 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974 on 12 May 2014.

Speaking after the hearing, Mr Bennett’s mother, Anne Robinson, said: “My whole family has been completed devastated by Sean’s death. We are very close and have lots of get-togethers but these have never been and will never be the same.

“As a mother, I never expected to lose a child. I think about him constantly. The last time I saw him, I was taking him to work. I never expected that he would not come home.

 “Nothing can replace the loss of Sean. We have been left with a life sentence and sincerely hope that the prosecution may stop the same thing happening to another family.“

Jane Carroll, the investigating inspector at HSE, added: “The company is experienced in farming – not construction – but decided it was capable of building a new cowshed. Sadly, Sean lost his life as a result.

“The project was poorly planned, and the lifting equipment provided wasn’t capable of raising concrete panels weighing 1.5 tonnes. It was therefore inevitable that the bolts would snap when the panel was being lifted.

“The firm should have realised it was out of its depth and brought in a specialist contractor to carry out the work, rather than carrying on regardless and hoping for the best.“

Cheshire sauces firm prosecuted over forklift death

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A sauces manufacturer has been fined £140,000 after a forklift truck driver was killed at a factory in Runcorn.

Michael Moran was using his forklift truck to load a lorry trailer outside the factory on the Astmoor Industrial Estate on 18 April 2011 when another lorry reversed into the side of his vehicle. The forklift overturned, killing him instantly.

AAK UK Ltd was prosecuted by the Health and Safety Executive (HSE) after an investigation found that forklift truck drivers had regularly driven onto a public road to load lorries, without the company putting any safety measures in place.

Liverpool Crown Court heard the 49-year-old from Warrington had been loading pallets containing tubs of mayonnaise onto the trailer. He had finished loading one side and had moved into the road to reach the other side of the trailer.

As he moved the forklift truck into position, a lorry that had been parked up alongside the trailer slowly started to reverse. Mr Moran shouted out and the HGV driver applied his brakes but it was too late to make a difference and the lorry hit the forklift truck.

The court was told that vehicles regularly visited the site with deliveries or to pick up loads of mayonnaise to distribute, with most reversing down Davy Road to avoid having to turn around in the cul-de-sac.

The company had not carried out an adequate assessment of the risks to its employees or visiting drivers using the ‘Goods Out’ area. Drivers were also not given any information, instruction or training on how to load the lorry trailers safely, and there was poor supervision.

AAK UK Ltd, of King George Dock in Hull, was fined £140,000 and ordered to pay £22,657 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.

Speaking after the hearing, HSE Inspector Deborah Walker said: “Our investigation revealed a chaotic and dangerous system, and sadly it was entirely foreseeable that someone was at risk of being badly injured or killed.

“Neither Mr Moran nor the lorry driver had any way of knowing they were both about to start operating their vehicles, and sadly Mr Moran did not have time to get out of the way when the HGV began to reverse.

“Following the incident, the company created a no-parking zone along the ‘Goods Out’ area by Davy Road which means there is now space for forklift truck drivers to load trailers without having to come out into the road. The firm also set up a booking-in system for vehicles delivering to the factory.

“If these simple measures had been in place at the time of the incident then Mr Moran’s tragic death could have been avoided.“

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