Marsden Rawsthorn

Facebook referenced in 1 in 5 divorces!

Marsdenrawsthorn Administrator

With 400 million active Facebook users, the possibility of reaching people through social networking sites is becoming increasingly simple. Social media websites provide many people with the perfect opportunity to reconnect with faces from their past, whether this be an old friend, long lost relative or an ex-partner.

With 50% of Facebook users over the age of 25, the prospect of connecting with an ex-partner is a becoming ever more likely, especially when one out of every six minutes online is spent on a social media website. Though the idea or reconnecting with the past seems harmless and is usually pursued with good intentions, it is not always advisable

The temptation of taking innocent conversation to the next level is one that appeals to many, as the latest statistics show. In recent months 1 out of 5 divorces have cited Facebook as reference in their divorce papers, the social media site is being labelled as a platform to end marriages.

Facebook features which allow users to message and chat in complete privacy are causing suspicion and jealousy amongst marriages it has been revealed. There have been several cases in recent months were couples have blamed Facebook for the degeneration of their marriage, and even one case were the wife found out about her divorce through a Facebook status update.

It is clear that social networking sites are increasingly having an impact on society and the way in which people are communicating. In a world where everything is fast becoming instantaneous and people expect immediate results the prospect of becoming divorced over the internet is frighteningly realistic.

Sahida Ahmed, a family law solicitor with Marsden Rawsthorn comments “The current statistics are indeed alarming and considering that one in three UK marriages currently ends in divorce, for 20% of these to be caused by social networking sites is worrying, particularly as they are increasing in popularity.”

Has your life been affected by social media websites?

For more information on Family Law visit http://www.marsdenrawsthorn.com/section/personal/family_law

Fit for work or not fit for work, that is the question!

Marsdenrawsthorn Administrator

The new "Fit Note" forms were introduced on 6th April 2010.� The main aim was to emphasise what employees can do, not what they can't do, and to�reduce the number of people off work.� Whilst it is still early days, a number of problems appear to have surfaced with them already.

The option to sign an individual as not fit for work remains on the form.� However,�the option of deciding the individual is "fit for work" has been replaced with "may be fit for work taking account of the following advice".��

The advice of the GP is not legally binding on employers�but can have implications for legal proceedings.� The�use of the new Fit Note�however�has�already received some criticism�from employers who cannot read GP's handwriting.��The Department for Work and Pensions�chief medical adviser�has�stated one of the drawbacks of the new system is the legibility of doctors' handwriting.� There was hope amongst some that the new system would become digital by the end of 2010, however, this is thought unlikely.� Another concern is that if a GP finds themselves becoming embroiled in litigation (e.g. in a disability discrimination claim as medical expert witness) they may become reluctant to give advice on the fit note.��

On 7th June, Personnel Today reported that the website Doctorsnotestore.com�was selling fake Fit Notes to people for as little as �10.� The Fit Notes�were reported as being "impressively authentic looking, written on official paper and with a stamp".� The website claimed they were for "novelty use only", however, employers were warned that employees may be using them to claim sick pay.� Employers be warned!

Marsden Rawsthorn Opens The Regeneration of Preston Discussion

Marsdenrawsthorn Administrator

Local businessmen and women were treated to a discussion on the impact and implications of the regeneration of Preston as part of Lancashire Business Week organised by Downtown in Business.

The second in a series of events was opened by Stephen Hodgson, a Chief Executive here at Marsden Rawsthorn Solicitors. A Preston man, through and through, Stephen commented on the history and assets of the City and how he believes proposals for regeneration should be made local, considering the needs of those in and around the city itself.

Stephen commented:

“Despite attempts to encourage businesses to move to the centre, little action has taken place in Preston for over 30 years! This is mainly due to previous disagreements between County Councils and Preston City Council and it is therefore important to regain confidence in order to progress with any strategic plans.

“Marsden Rawsthorn itself moved away from the city centre to Fulwood in order to be near good transport links, the purpose built offices boast parking spaces which were not available in the centre. Out of town developments are the only areas which have moved forward in recent years such as Deepdale Retail Park, The Capitol Centre, Uclan and out of town Business Parks. This highlights the many issues with the City Centre. Firstly it is only the main players on the high street who are gradually increasing in confidence and more needs to be done to ensure many more see the benefit of a city centre location. Secondly, though developers are active they will not commit to any ownership until there is clarity from both the council and the Government and finally the infrastructure of Preston needs to be addressed. Access to motorways and key routes in and out of the city centre needs to improve in order to encourage businesses to move into the city. In addition existing assets unique to Preston should be utilised. The Miller Arcade, Winkley Square and the Flag Market are just a few to mention, these are unique to the town and should be well connected to the High Street.

If plans for regeneration are to ever move forward, local perception and needs should be taken into account. The funding is there but only for the right deal, one which is right for Preston.”

Sad Loss of Barbara Kerridge

Marsdenrawsthorn Administrator

It is with great sadness we announce the loss of Barbara Kerridge.�� Barbara died peacefully on Saturday 12 June after a valiant battle with cancer.

Barbara worked with Jane Ashworth-Wilson, a Partner at Marsden Rawsthorn, for almost 20 years.� Barbara had excellent organisational and listening skills and as a qualified executive was a highly valued member of Jane’s team.� Aside from her work for Marsden Rawsthorn, Barbara spent one day a week as a debt counsellor and she also supported a number of charities, most particularly�Vine House, a day care centre for people with cancer and their families.

Barbara will be greatly missed and our thoughts are with her family.

How to Prevent a World Cup Hangover in Your Business

Marsdenrawsthorn Administrator

Unsurprisingly staff cannot expect to be entitled to time off during the World Cup but how should employers manage holiday requests and the possible increase in sick leave on major match days?

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Lisa Clark, Solicitor at Marsden Rawsthorn explains how in some cases prevention is better than cure and having done your homework prior to big sporting events can result in a happy workplace, rather than an empty, unproductive one!

Lisa comments, “The World Cup could potentially lead to absence problems and major concerns for employers. It is essential that businesses therefore make their rules clear regarding requests for holidays and sickness absences. �There is no legal entitlement for employees to choose when to take holidays, however, employers may consider taking a more flexible approach.� A small number of companies may introduce flexible working hours for their workforce in order to prevent people from taking sickness absence or using the internet to view the matches in work time. This can work towards securing a full productive workforce for the World Cup season. "

However, this is not always achievable, so how should employers deal with a rise in the number of requests for time off? The key element here is to check all annual leave policies and notice required. If there is a sudden influx of employees wishing to take time off on the same date, it can then be done on a first come, first serve basis and those who request leave after the notice requirement will not have their annual leave accepted.

In the event that someone does not turn in for work due to sickness, the employee is only entitled to statutory sick pay on the fourth day of illness. �Therefore if the employee is only absent for one day he/she will not receive any pay unless he/she is entitled to receive contractual sick pay.� If an employer refuses to pay contractual sick pay it is potentially a breach of contract. Consequently, employers should ensure they are knowledgeable of their own policies.

Key decision makers and managers can, on many occasions, have the tricky task of deciphering whether a sickness is indeed legitimate. Back to work interviews can aid the process�in determining the truth and guarantee that in future only genuine absence will be tolerated. Usually, those who fail to turn up for work and who do not make contact with their employer are subject to disciplinary action in accordance with the employer’s contracts and policies. �It is also recommended that the employer complies with the ACAS Code of Practice in dealing with sickness absences.

Whilst not always favoured by businesses, Lisa states that taking practical pre-emptive decisions can help to avoid a rise in sick leave.

She continued: “Firstly, a small number of businesses are not only introducing flexible working hours as previously mentioned but they are also setting up facilities allowing employees to watch certain matches on TV screens at work. Obviously it is important to consider any risks involved, especially where alcohol is concerned. There may well be health and safety risks attached to alcohol consumption if, for example, employees are responsible for the welfare of others, operating machinery or driving as part of their job role. The simple introduction of a TV screen can foster relationships within the workplace and keep staff happy.”�

It is advisable that in preparation for the World Cup and other large sporting events, employers give thought to company policies and look at the situation practically. For further advice and guidance on all aspects of employment law contact Lisa on 01772 799600.

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Sahida Ahmed appointed Partner

Marsdenrawsthorn Administrator

We are delighted to announce that Sahida Ahmed has been promoted to salaried Partner from the 1st May 2010.� Sahida joined Marsden Rawsthorn in 2003 and specialises in all aspects of family law with a particular focus on financial settlements in divorce, including family businesses, and other practice areas�relating to domestic violence, cohabitation disputes and both Private Law and Public Law Children disputes.� She is on the management committee for the Preston Women's Refuge and is also on the local Resolution Committee.

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Sahida has also handled matters dealing with child abduction involving foreign jurisdiction.� She has a particular insight of the Shariah law in relation to divorces pertaining to clients of the Islamic faith and the cultural issues relating to Asian client's, and enjoys a very favourable reputation with clients from all walks of life.� Sahida speaks both Gujerati and Urdu.

Sahida is also a member of the Law Societys Children Panel and is a qualified collaborative lawyer.

Employment Law Changes from 6th April

Marsdenrawsthorn Administrator

It is that time of year again where 6th April sees new changes in employment law introduced, and which will no doubt lead to some interesting cases making their way through the employment tribunals. New changes introduced on 6th April 2010 include:

* The Additional Paternity Leave Regulations 2010: Provides a new right for new mothers to transfer the second 6 months of their 12 months maternity leave entitlement to the father, subject to certain criteria. The regulations, although now in force, only apply to children whose expected week of birth begins on or after 3rd April 2011.

* The Social security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010: Provides that GP's are to use "fit notes" intended on focussing on what action can be taken to assist an employee in returning to work, and to confirm whether they consider a phased return to work, altered hours, amended duties and/or workplace adaptations would enable the employee to return to work.

* Apprenticeships, Skills, Children and learning Act 2009: Introduces a right for employees who have been employed for at least 26 weeks to request unpaid time off work for study or training to improve their effectiveness at work (currently only applies to employers with 250 or more employees.)

If you require any employment law advice please do not hesitate to contact our employment team for advice.

Preston solicitors raise over �5k for two local Barnardos projects in Preston

Marsdenrawsthorn Administrator

During February solicitors in Preston, Marsden Rawsthorn saw their teams go head to head to raise money for local Preston Barnardos projects and raised over �5k.� Three teams competed in an Apprentice style challenge�to raise as much money as they could for the Preston projects by organising events, with the team raising the most money winning the challenge. � The winners will be announced on the 22nd April.

Consisting of three teams, the Apprentice Challenge saw employees organising events including a Golf Day, a Race Night, staff dressed in “Grease” style outfits out on the streets of Preston to collect money, raffles and a charity dance featuring live music from The Rockabelles; a band fronted by Marsden Rawsthorn Legal Executive Kim Seward.

Stephen Hodgson, Chief Executive at Marsden Rawsthorn commented, “The money that we have raised from the challenge will certainly go to a deserving cause and we are proud to support Barnardos. It has also stirred up some surprisingly competitive streaks in our employees, which has been great fun for those of us on the judging panel to watch!” �

The Preston firm of solicitors currently supports two Barnardo’s projects including “Moving On”, a project that works with young people that are homeless or in housing need in the Preston area and “Include Me 2”, a project that provides support to severely disabled children so they can access social and leisure activities.

HSE campaign for worker involvement launched

Marsdenrawsthorn Administrator

Employers will welcome a new initiative from the Health and Safety Executive (HSE) to help them comply with their legal obligations regarding worker involvement in health and safety.�The ‘Do Your Bit’ campaign is a year-long initiative, offering free or subsidised training courses to help businesses get their employees more involved in improving their health and safety.

To support the campaign, HSE has launched a new website which provides practical advice and materials for businesses and details of the upcoming series of training opportunities. In addition, it features first-hand accounts from businesses which are already benefiting from actively involving their workers in health and safety.�

The two new subsidised health and safety training courses are designed to either:�

�� help organisations get started with worker involvement; or

�� improve their existing arrangements for involving workers.�

The first course, designed to increase health and safety knowledge and skills, includes managing health and safety and people skills to help negotiate change, to manage health and safety in a positive way. The second course brings managers and/or supervisors together with employee health and safety representatives to identify practical improvements, covering topics such as managing stress, combined risk assessment and joint inspections, to establish a shared perspective towards health and safety issues in the workplace.�

RecommendationVisit the ‘Do Your Bit’ website [LINKTO: http://www.hse.gov.uk/involvement/doyourbit/index.htm target=_blank], and sign up for the training.

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Pre-nup\'s and Pitfalls

Marsdenrawsthorn Administrator

Despite the growing trend in pre-nuptial agreements across Europe and celebrities in the limelight such as Angelina Jolie and Brad Pitt consenting to separation agreements, the Brit’s still seem squeamish about family law and financial planning.

Everything we do in life is tied up in contracts and disclaimers - we take out life insurance as a sensible step in case the worst happens, employers draw up official contracts in order to ensure they gain the best from their staff and yet, when it comes to marriage and family we tend not to take sensible steps in planning the future.

The possible divorce of Cheryl and Ashley Cole could demonstrate the value of pre-nups.� Ashley chose not to insist on a pre-nup.� Although Cheryl is worth an estimated �6 million in her own right, Ashley's wealth is much higher and mostly accrued during the marriage leaving the way open for Cheryl to seek a substantial settlement from Ashley.

Upon their marriage in 2006, when questioned about pre-nuptial agreements, Cheryl told the press: “We’re getting married because we are committing ourselves to each other. We are a work in progress and we are going to build our married life together.”�

Government statistics state that nearly half of marriages end up in divorce. �Many people now tend to marry later in life and enter into second marriages of which statistically have a 70% failure rate . It would therefore seem sensible for prospective spouses to be allowed to agree how finances should be dealt with in the unhappy event of their marriage breaking down. �

In English law however, pre-marital agreements are still regarded as invalid, un-enforceable and against public policy. England is largely alone in this and against the majority of European countries including Scotland, most of which recognise pre-nuptial agreements, but law professionals believe a change may soon be upon us.�

Libby Daultrey, solicitor at Marsden Rawsthorn commented: “Changes may be on the horizon for England as the law commission has recently announced its intention to examine the status and enforceability of pre-marital agreements.”

English courts, in recent years, have increasingly been willing to give weight to such agreements as one of a range of factors to consider in the exercise of the courts discretion. �In the recent high profile divorce of Katrin Radmacher and Nicolas Granatino, the weight to be given to pre-marital agreements was tested in the court of appeal.

Radmacher, a wealthy German heiress, married Frenchman Granatino in England and most of their married life was spent in England. When their 8 year marriage broke down in 2006 their divorce was dealt with in England. �On marriage Radmacher’s father had insisted upon a pre-marital agreement to protect her inheritance, which is normal practice in Germany. In the agreement, Granatino agreed not to make any claim against her fortune if they divorced. However, upon divorce, the court awarded Granatino a �5.8 million settlement. �Katrin Radmacher successfully appealed and the settlement was reduced substantially.

Appeal judge Lord Justice Thorpe said it had become “increasingly unrealistic” for courts to disregard pre-marital agreements and stated there was a risk of England and Wales becoming isolated against the common law of other countries.��

The guidelines for fairness have been judged by the courts to comprise three main factors as Libby explains, “Firstly, each party has to have taken independent legal advice and understand the implications and effect of entering into such an agreement. Secondly, each party has to have fully disclosed their assets to each other and finally, neither parties paperwork is done under pressure.”

Libby continued; “An interesting addition to the armoury of securing family assets is the Post-Nuptial Agreement and this I feel will become very popular in England. Post-nuptial agreements can regulate finances during the course of a couple’s marriage and this agreement can be valid and enforceable in UK law."

Post-nuptials �can give married couples the power to make financial arrangements between themselves and secure their own protection in the event of a divorce, thus saving a lot of hassle and stress for both parties.� Libby advises anyone unsure of whether to draw up a pre-nuptial agreement to consult a specialist, “If you feel you might have assets that need protecting then it’s definitely worth consulting a lawyer that specialises in Family Law to ask for advice on how to proceed before entering a marriage.” ��If you would like any advice on pre or post nuptial agreements please contact our family team on 0800 294 4410.

Implications of Lying on a CV

Marsdenrawsthorn Administrator

As the demand for quality employees increases and with a growing number of people seeking work it is vital that employers are able to identify CV’s that have been embellished. Employees are under great pressure to stand out from the crowd and often this is achieved by ‘extending the truth’ or creating a ‘little white lie’ in order to get a foot in the door. However, whilst claiming ‘salesperson of the year award’ or ‘fluency in Japanese’ can give prospective employees the upper hand in securing an interview, there are legal implications. In addition, recruiting someone who has an embellished CV can have damaging effects on business.

Lisa Clark, Solicitor at Marsden Rawsthorn and specialist in Employment Law believes there are steps businesses can take to protect themselves and warns employees and employers of the potential repercussions when an employee secures a job under false pretences.

Lisa comments “It really depends on the seriousness of the embellishment. For example, obtaining a job under false pretences, that incorporates responsibility for the health and welfare of others, such as a medical professional or carer, could result in significantly more damaging repercussions, such as a claim for negligence, than a marketing professional exaggerating their achievements. In addition, the relevance of the embellishment to the job applied for is likely to be a factor taken into account by an employer when considering any action that may be taken against the employee.

Health and public sector organisations in particular are at risk of being prosecuted if found guilty of employing a staff member without having followed the correct procedures in certain areas such as security clearance (CRB checks).� In addition, both private and public sector organisations have a duty to comply with immigration law in respect of checking work permits for foreign applicants to avoid prosecution.

Furthermore, a company may suffer financially if it employs an employee who does not have the relevant qualifications or experience which he or she claims to have. Consider for a moment, someone accepts a job with responsibility to manage the employers accounts and they had extended the truth in terms of their ability. This could actually lead to financial errors, costing the business money.� The employer may terminate the employee’s service on the grounds of capability and/or breach of contract.� In addition, although rare, the employer may pursue the employee for losses it has suffered arising out of the employee’s misrepresentation which it relied on in entering into �the employment contract.

Also, hiring someone based on their interview and stated ability and then discovering they are not up to the job can also cost a business. �Recruitment and training take up a significant amount of time which could prove costly if the candidate employed is unsuitable for the job in question.”

She added: “When taking on a new member of staff, be extra vigilant in checking everything from past job references to qualification certificates. Employers can make job offers conditional upon receiving the relevant certificates, security checks, viable employer references etc.”

Employees themselves have a legal responsibility when knowingly accepting a job offer under false pretences. Research published by The Risk Advisory Group (TRAG) found that 65% of CV’s contained false information.� Lisa commented: “Fabricating experience in certain areas could give an advantage over other candidates for a position, but there is a substantive difference between elaborating skills base and obtaining a pecuniary advantage through deception.”

In summary, a small glorification on a CV may not be seen as a criminal offence, but once an employee begins to obtain money under false pretences it may well be deemed as fraud or deception and in most cases results in termination of employment.

Conversely, to take the risk out of employment, employers need to be mindful when relying upon CV’s, for further information they are advised to seek legal advice.

If you have any employment concerns please call Marsden Rawsthorn employment team on 0800 294 4410 or email employment@marsdenrawsthorn.com.

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A Titanic Affair kicks off our Apprentice challenge to raise money for our local Preston projects

Marsdenrawsthorn Administrator

Team Lovely Bubblies one of our three teams competing in our Apprentice style challenge to raise money for our charity partners Barnardo's, are holding�a charity dance to raise money for our two local projects, Include Me 2 and North West Homeless.�

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The event is�to be held at Fives Penthouse, Guildhall Street, Preston.� The night includes two�music acts and DJs, and some lovely sweet treats! Check out the Facebook links below for further details.

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There will also be a Grand Raffle with prizes from 53 Degrees, Lush, Body Shop, HMV and many more!

�The Acts are:::Rockabelles: A beautiful m�l�e of Rockabilly style and 80s cheddar, Rockabelles will give you your pop fix to devastate your parties - in the most fantastic way possible!http://www.facebook.com/#/pages/Rockabelles/182271617401?ref=ts �The Swingaroo Sisters: Taking you back to the era of dance halls, romance, war and seamed stockings, The Swingaroo Sisters' feel good show, packed with classic British and American hits from the 1940s will be sure to put you In The Mood.� http://www.facebook.com/#/pages/The-Swingaroo-Sisters/152017112835?ref=ts�To book tickets contact Steph on�(01772) 799669, tickets are charged at �10.��

Legal eagles go head to head for Charity

Marsdenrawsthorn Administrator

During February our teams are going head to head to raise money for our charity partner - Barnardo's.� Three teams are competing in a Apprentice style challenge�to raise as much money as they can for local projects by organising events, with the team raising the most money winning the challenge.�

�Consisting of three teams, the Apprentice Challenge will see employees organising events including a Golf Day, a Race Night, staff dressed in “Grease” style outfits out on the streets of Preston to collect money, raffles and a charity dance featuring live music from The Rockabelles; a band fronted by Marsden Rawsthorn Legal Executive Kim Seward.

Stephen Hodgson, Chief Executive at Marsden Rawsthorn commented, “The money that we hope to raise from the challenge will certainly go to a deserving cause and we are proud to support Barnardos. It has also stirred up some surprisingly competitive streaks in our employees, which has been great fun for those of us on the judging panel to watch!” �The firm currently supports two Barnardo’s projects including “Moving On”, a project that works with young people that are homeless or in housing need in the Preston area and “Include Me 2”, a project that provides support to severely disabled children so they can access social and leisure activities.

Marsden Rawsthorn and Clitheroe law firm Chenery Maher announce association

Marsdenrawsthorn Administrator

Marsden Rawsthorn�and Clitheroe law firm Chenery Maher�have�formed an informal association in a move to offer clients in the Ribble Valley access to top quality legal advice on areas including Commercial law, Employment law and Personal Injury.

Chenery Maher, a well established firm in Clitheroe currently offers specialist legal advice covering divorce, family law, conveyancing, wills, probate and inheritance tax. Carol Maher, Partner at Chenery Maher commented, “Teaming with such a reputable firm as Marsden Rawsthorn will allow us to expand our offering to existing and potential clients and we look forward to working together on the association.”

Stephen Hodgson, Chief Executive of Marsden Rawsthorn is pleased to be working with the Clitheroe firm, “We are constantly expanding and developing the business and we are pleased to be able to form a strong association with a well respected local firm, and work with new clients in the Clitheroe area.”�

We are holding a joint seminar on 25th March at Chenery Maher's office in Clitheroe on "Avoiding the Pitfalls of Commercial Leases". �For more details and to reserve a place please call Debbie Pettitt on 01772 799623 or email dpettitt@marsdenrawsthorn.com

Property, Adversity & Opportunity in 2010

Marsdenrawsthorn Administrator

Stephen Hodgson, CEO and Commercial Property Specialist at Law Firm Marsden Rawsthorn LLP, looks ahead to 2010.

At the end of 2009 the Marsden Rawsthorn Commercial Property Team negotiated the lease on one of Preston City Centre’s largest single letting units and the site of the former Woolworths store. The new tenant, Next, signed a 15 year lease, demonstrating real long term commitment to the High Street.

15 years is a long time in Retail. So was Next’s decision unfounded optimism or sensible business practice?

Next knows the high street better than most and is acutely aware that prime retail sites don’t come on the market every day or even every year. In a sense they are capitalising on the opportunity created by the adversities of the current climate and the predicament those operators who lack financial strength find themselves in. In other words the retail equivalent of "dog eat dog".

They’re not alone. For operators who have managed to sustain performance and crucially their cashflow, the market represents a land of opportunity. It’s a tenants’ market currently and there are bargains to be sought. The landlord driven market of 18 months ago seems a distant memory as tenants dictate terms in return for occupancy, from rent free periods to building repairs at the landlord‘s cost.

Looking forward to 2010 however, the balance of power may well shift once again. The retail market is a fickle one and confidence is everything. A better than expected Christmas retail performance may drive up tenant demand and deliver greater negotiating strength into the hands of landlords. The big pension funds, who left the property market in their droves during 2009, are back on the scene keen to acquire good property sites with secure, long term tenants and this will once again change the dynamics of the commercial property market.

One thing is certain - as the weak get weaker so the strong become increasingly aware of the market opportunities created by their predicament. Like Next, there is a sound commercial case for seizing the opportunity to secure a long term property advantage.