Someone once said that being a salesman is either the easiest and best paid job ever or the hardest and worst paid job in the world. Whichever category you find yourself in depends, in part, on your customer. And if your customer is a lawyer, then you need to be prepared for regular periods of bread and dripping.
Let’s face it, selling anything into the legal profession is not for beginners. It is a task which Sisyphus would have regarded as thankless. Solicitors are programmed to be sceptical and immune to the grand claims of sales people. Every day legal practices are bombarded with emails and telephone calls from people trying to sell them everything from photocopy paper to the latest software innovation.
Read more: Throw away your cycle clips, digital driving is a must for law firms
Update on apprenticeships
The government has recently confirmed that the apprenticeship levy will be implemented from April 2017 as originally proposed.
The only certainty following the referendum is that exiting the EU will substantially alter the legal landscape from a recovery and insolvency viewpoint.
Over the past few years the various EU members have been working hard to eradicate or minimise inconsistencies between the individual regulations which have led not only to confusion but also to “forum shopping” by those facing insolvency. The idea is to provide a level playing field so that businesses in particular know where they stand should a company in another country get into trouble.
The reciprocity that has been established will need to be addressed in some manner to prevent conflicts arising between jurisdictions. The Association of Business Recovery Professionals (R3) has stated that it will be working closely with experts to understand the implications of leaving the EU and shall voice any concerns to the government.
It is a key aspect of due diligence, for potential trading partners, that the ability to pursue debt is considered and that, at the outset of the contract or engagement, the "what if" scenario of subsequent insolvency is considered.
It remains to be seen what changes will be brought into our insolvency legislation to compensate for the withdrawal from the EU to address this.
A printing company based in Eastbourne has had two employees sentenced to prison terms following an SFO investigation into bribes paid in return for the award of contracts to the company.
The chairman and sale director were sentenced to 18 months' and three years' imprisonment respectively for corruptly agreeing to make payments, contrary to section 1(1) of the Prevention of Corruption Act 1906. The company itself was also convicted of the same three offences and fined £2.2million. Both men were also disqualified from acting as company directors for six years. The payments were made for the award of printing contracts in Kenya and Mauritania.
This was the first conviction against a company for foreign bribery and highlights the reach of the legislation into activity carried out by UK companies in the developing world. Local expectation and standards of doing business in the developing world can sometimes conflict with the obligations on UK business, and directors should be aware that their legal responsibilities travel with them overseas.
Contact Oratto on 0845 3883765 to speak with an adviser or use our contact form to arrange a call-back.
A Supreme Court ruling allowed a former wife to make a claim for a share of the fortune amassed by her husband 30 years after they parted, as no binding consent order was made when they divorced.
Kathleen Wyatt was granted permission to lodge a belated claim against multi-millionaire Dale Vince, who made his fortune through a green energy company founded in the 1990s, which is said to be worth £57 million.
The couple met and married in 1981 and had a child in 1983, separating just one year later. The wife became a full time single parent with little income and had little contact with her ex-husband.
There is no time limit in the UK within which a spouse must seek an order for financial provision following a divorce, and in 2011 the wife put forward an application. This was dismissed by the Court of Appeal, and the application was taken to the Supreme Court to decide whether due consideration had been given to section 25 of the Matrimonial Causes Act 1973.
Ms Wyatt was granted permission by the Supreme Court to make a claim, and in June 2016, Dale Vince was ordered to pay his ex-wife a lump sum of £300,000. In response to the verdict, Vince stated that he felt there should be a time limit on when claims can be made.
It was certainly unusual to hear of a claim being made after all this time, but without a consent order in place, the opportunity remains open.
More people are thinking about pre or post nuptial agreements following media coverage of high profile cases where these have been involved, such as German heiress Katrin Radmacher. They are certainly a sensible option for anyone getting married, but they are for use at the start of the relationship to set out what you wish to have happen if things go wrong. They are not legally binding in the UK but will be a persuasive factor if both parties received independent legal advice at the time.
What's involved here is the way in which a divorce is finalised. Once you've reached agreement, you can get the court to make it legally binding by applying for what is known as a consent order, and that's what was missing in Wyatt and Vince's case.
A consent order confirms what has been agreed and can include details on how assets will be divided, including cash, property, pension funds and other investments, and can also include arrangements for maintenance payments, including child maintenance. Both parties have to agree and sign the draft consent order and a judge will consider the terms to see if they appear fair and reasonable, and if so will approve the agreement to make it legally binding.
Going through the process of obtaining a consent order should mean that both parties come out with a fair settlement and there will be no surprises some years down the line.
Contact Oratto on 0845 3883765 to speak with a family law adviser or use our contact form to arrange a call-back.
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