Seventh year running for local law firm in the Legal 500.

By

-

17 November 2021

Blandford law firm Blanchards Bailey LLP has had its place among the elite firms in the South West confirmed for the seventh successive year by the Legal 500, the UK’ independent guide to legal firms and solicitors.

The 2022 edition of The Legal 500 has endorsed the firm in six different practice areas, with 11 individual lawyers receiving recommendations and mentions. Blanchards Bailey has been listed in six categories:

• Agriculture & Estates;
• Commercial Litigation – Dorset, Devon and Cornwall; • Contentious Trusts & Probate; • Employment – Dorset, Devon and Cornwall;
• Personal Tax, Trusts & Probate
• Family.

In addition to the practice accolades, eleven members of the team were all individually recommended for their work. Blanchards Bailey Managing Partner Paul Dunlop said: “A huge thank you to our valued clients who took the trouble to participate in the Legal 500 interview process and agreed to be named – a sure sign of their confidence in the firm. “As a result we have been ranked alongside or above some much larger South West law firms. “The client’s feedback shows clearly our professionalism, exceptional expertise, clear communication skills and supportive nature.”

Alan Horne, Blanchards Bailey Partner and former CEO of the firm felt that the local community was a source of their own and their client’s ongoing success:

“We are proud to primarily employ local people and serve individual clients and businesses in the Dorset community. “The fact that we are thriving is indicative that many local businesses are also serving their communities and surviving these challenging times through a combination of customer service, loyal clients and the sheer will to succeed.”
Blanchards Bailey are headquartered in Blandford with offices in Dorchester, Shaftesbury and Weymouth.

Executive assistant & property manager | Five Bees

By

Editorial team

-

17 November 2021

0

Five Bees require an executive assistant and property manager based near Sherborne in Dorset.

This position offers a variety of tasks and invites applicants who can offer a variety of skills including IT, sound admin skills and strong self management. Flexibility and long term vision and commitment are also key components.

Salary range £23 – £30K dependant on experience

For full job description and to apply please email [email protected]

Gloom to the left, worry to the right…

By

Editorial team

-

17 November 2021

0

It’s been a difficult time over the last couple of months; and there are still many challenges facing both consumers and businesses as we emerge from the pandemic, reflects Dorset Chamber’s CEO Ian Girling

The last thing we needed as we return to normality was the fuel shortage, brought about by distribution problems due to a shortage of HGV drivers and then compounded by the panic buying that ensued.
This situation was inevitable as soon as the transport minister Grant Shapps appeared on television to say “there is no need to panic buy” which I think was probably the worst thing he could have said; the impact of this was immediate with scenes reminiscent of the fuel crisis so many of us will remember, some 21 years ago.
We are also now facing the unprecedented situation of second hand cars increasing in price due to a shortage in new cars, caused by post-lockdown demand and a shortage of semi- conductors. Autotrader are reporting that used car prices have increased an incredible 24% in the last 12 months, pushing the price of some used cars above the price of a new vehicle. It sometimes feels like we’ve entered the twilight zone.

Energy struggles

Both shortages of materials and rising prices continue to be a challenge for both consumers and businesses. It’s certainly a problem for the construction industry with huge increases in the costs of materials such as timber, and rising energy costs forcing up the very difficult to recruit and this rises to an incredible 92% in hospitality. In the third quarter, job vacancies here in Dorset reached highs not seen since costs of cement and bricks. Many building firms have told me this is a major challenge, and now a quote can only hold for a week at most given the continuing rise in prices. We are also seeing rocketing steel prices. The energy crisis is also a big concern for us as consumers and businesses, and these continued price rises will lead to further challenges in the economy.
The inflation we are seeing will place financial pressure on us as consumers as the true value of our £ diminishes. This in turn will place wage pressure on businesses, another hurdle to overcome for many after the pandemic.

Recruitment woes

Businesses across most sectors are also facing huge challenges around recruitment. A recent national survey reported that on average 77% of firms looking for new people are finding it very difficult to recruit and this rises to an incredible 92% in hospitality. In the third quarter, job vacancies here in Dorset reached highs not seen since 2013 with 22,804 vacancies – a 35% increase on pre- pandemic level (January to March 2020), over 60% up on same period last year and 40% up on 2019. This is the last thing business needs as we try to re- open the economy.

A way forward

As I write this, it all seems a bit gloomy; and frankly we’ve all had enough of bad news. I haven’t even mentioned Brexit… However as we look forward it’s absolutely vital we see strong leadership in Westminster and Whitehall. We need a very clear forward path for our economy – and I don’t think this is evident at the moment. Nationally we are calling on Government for a clear road map for the recovery of our economy and it’s vital the Government focus on these issues that are affecting us all.

by Ian Girling CEO Dorset Chamber

Will rising food and energy prices coupled with the end of the £20 Universal Credit boost lead to greater debt for those on low incomes?

By

Editorial team

-

16 November 2021

0

Battens Solicitors Debt Recovery Manager Angela Loveless has some timely advice:

Rising food and energy prices, the end of Furlough and the cut to the £20 Universal Credit payment will put many households under severe financial pressure this winter.

Incomes have been hard hit since the beginning of the pandemic. For those in full time employment there was a fall in salary of 19% and for part time workers the fall was 35%. This meant that over a fifth of UK adults were unable to afford or pay for essential household items such as food, heating and lighting, as well as struggling to pay their mortgage or rent.

October also saw the withdrawal of the £20 a week increase to Universal Credit. 5.8 million people who had received UC will now see their incomes fall by £1,000 per year. This combined with increasing gas, fuel and food prices could push an estimated third of households into debt.

The debt trap

Many families turn to payday loan companies to survive, paying an extortionate amount of interest on their borrowings. Interest-free offers on credit cards seem appealing, but if the borrowing is not paid in full by the end of the agreed period then interest will be applied, resulting in mounting debt. ‘Buy Now, Pay Later’ deals also exacerbate the problem.

Debt help

Before taking out credit, do your research. And ask yourself: do I really need this item?
If it is an essential need, then before borrowing, speak to all of your creditors to see what they can do to help you – they have a duty to listen and are required to work with individuals to reach an amicable solution.
If the household debt is completely out of control, with creditors not willing to work with you, you may consider applying for a Debt Relief Order, setting up an Individual Voluntary Arrangement or petitioning for your own bankruptcy. These steps may sound extreme and are not for everyone. There are pros and cons attached to these 3 options and those need to be looked at carefully before you take any action.

For further information contact [email protected] or call 01305 216221

What should I consider before making valuable gifts to my children?

By

Editorial team

-

15 November 2021

0

Adam Scott from leading law firm Trethowans is being asked this question more and more, and it is not a straightforward one to answer.

Can you afford to make the gift?
The first thing to remember is not to forget about yourself. We are all living longer and before making any substantial gift it is important that you have enough set aside to cover any eventualities that life may throw at you. Sit down and make a budget, setting out all your annual expenses and your anticipated income; both now and in the future. Add a contingency and then ask can I really afford to make this gift?

Why are you making the gift?

There are of course any number of reasons that you may be considering gifting to your children, but I have outlined the two most common legal ones:

Gifting to save inheritance tax (IHT)
Before making a gift with a view to saving IHT it is vital that you obtain professional advice. You need to be prepared that having made the gift you will not have the use of that asset anymore. This is very straightforward if you are gifting away ‘cash’ but when gifting property, perhaps an investment property or a holiday home, you must be satisfied that you cannot freely benefit from that property any longer. If you do, this will be classed as ‘a gift with reservation of benefit’ and for IHT purposes you will still be treated as owning the property and the value of it will form part of your estate when you die. However, once the gift has been made and assuming that you do not reserve any benefit in it, the asset will ‘fall out’ of your estate for IHT purposes after seven years.

When making a gift to save IHT it is also important to consider how you are going to make the gift; will it be an outright gift to a child?

What if they become bankrupt or get divorced?
What if they squander that asset? Are they old enough to hold such an asset?

In these circumstances you may consider transferring the asset into trust. The advantage of using a trust rather than making an outright gift is that it is the trustees who control and own the asset and the trustees decide when the beneficiaries can utilise it. Importantly, you can be one of those trustees and therefore retain control. Trusts are often seen as being overly complicated but with the correct advice from an appropriate professional this need not be the case.

Gifting for capital protection

This is a very complex and controversial area, and there are many organisations that advertise products that promise protection against care home fees. But the simple fact is that no one can make such a promise, and you should be very careful when considering instructing an organisation who does. This is because the law states that if you deliberately deprive yourself of assets – which you would be by making a gift – with a view to avoiding the payment of care fees, then that gift can be declared void. When a financial assessment is carried out the asset which you have gifted would still be considered yours. That does not mean that there is not a place for making gifts, whether directly or in to trust, for the purposes of capital preservation but you need to be very clear on the reasons for doing this and your advisor should carefully discuss the options with you and the consequences of each of those options to enable you to make an informed decision.
Gifting assets, for whatever reason, is an important part of family and wealth planning and along with making wills and lasting powers of attorney should be considered early on and reviewed regularly.
The involvement of a suitably qualified and experienced professional will greatly assist in ensuring that you select the most suitable option for yourself and your family.

Trethowans – Law as it should be

Keep it all moving

By

Editorial team

-

14 November 2021

0

Simple mobility is a really important aspect of being healthy – but it is an area often neglected in a regular exercise routine.

*shutterstock* – Mel Mitchell is a personal trainer, group exercise instructor
& sports massage therapist based in Sturminster Newton.

I am definitely guilty of not giving mobility exercises the attention they deserve – and I 100% feel the benefits when I do! I would be the first to admit that it is often not until I have a stiff back that I realise I should incorporate a bit of mobility into my routine!

A full range of motion

Maintaining a full range of motion is important for so many reasons. Firstly, good mobility decreases your chance of injury. Any restricted movement in a joint can cause dysfunction, which in turn could lead to injury.

Having good mobility also gives us the potential to become stronger in the full range of motion. For example, if you have limited mobility within a squat, you will become strong but only within that limited motion, rather than in the full range of movement.

Working on good mobility first will then allow you to train and strengthen through all phases of the squat.

Quick and efficient

The beauty of mobility exercises is that they are

time efficient and easy to do. Even as little as 5-10 minutes per day can be massively beneficial, and will be enough to see real progress. Plus mobility exercises can be done almost anywhere – most can be done using just bodyweight or minimal equipment.

Cat Cow

One of my favourite mobility exercises is known as a spinal roll down (see video left), which I find massively beneficial for my back. Not only does it release tension but it also increases mobility in the back, neck and legs and leaves you feeling inches taller (which is always a bonus when you feel a little vertically challenged!). Spinal roll down is an easy exercise – simply rolling down, vertebrae by vertebrae, letting the head and arms hang.
Another great exercise is known as the cat/cow (see video above) which helps relieve stiffness in the hip, back, shoulders and neck. This is performed on all fours, moving the spine from an arched position, lowering the belly button toward the ground, to rounding the back toward the ceiling.

Always happy to answer your questions – send them to me on [email protected]

What is TOLATA?

By

Editorial team

-

14 November 2021

0

Expert help on common domestic legal issues from the team at Porter Dodson LLP.

Marriage is certainly on the decline; data from the office for national statistics shows that the latest marriage rates are the lowest on record.

Couples no longer consider it necessary to marry before they have children or buy property together; but what happens to jointly owned property in the event couples who are not married separate?
Most people in this situation are surprised to find out that the legislation in England and Wales which governs this situation is completely unrelated to Family Law, and they are not protected by the Matrimonial Causes Act 1973.
The issue between the separating couple would essentially be a dispute over property ownership; and, therefore, the legislation that assists is the Trusts of Land and Appointment of Trustees Act 1996 (also known as TOLATA).

What is TOLATA?

TOLATA gives Courts certain powers to resolve disputes about the ownership of property (or land).
Who can make an application? An application is usually made by:

• A person who is a co-owner;

or
• A person who has a beneficial interest in a property.

In addition, there are other parties that can make an application, such as a personal representative of a beneficiary;
a trustee in bankruptcy; a judgement creditor with a charging order secured against the property; or a receiver; however, these are less common.

When can a TOLATA claim be issued?
A TOLATA claim can be issued:

• To determine whether jointly owned property should be sold;
• To determine the respective shares that each co-owner is entitled to;
• To determine whether a party has a beneficial interest in the property, usually where that party’s name is not on the legal title and the legal owner is disputing the claim;
• To determine whether property subject to a trust of land, should be sold on the application of a creditor or a beneficiary such as a parent/grandparent seeking to recover their financial interest in the property.

The Court is asked to determine who are the legal and beneficial owners of a property, and in what proportions.

Limitations

TOLATA limits a court to deciding on co-ownership of property. It does not give the court the power to:

• vary that co-ownership;
• adjust the proportions that each person owns;
• order that one party sells or transfers their share of the property to the other;
• order one trustee to do something that they are not permitted to do under the terms of the trust; or
• order that one party compulsory purchases the interest of the other party.

If you require any assistance in relation to jointly owned property, contact Karen Watts on [email protected] or 01308 555639.

Your winter wellness checklist

By

Editorial team

-

13 November 2021

0

Much has been written this year about keeping our immune systems in good condition, and it is something I’m asked about regularly in clinic. Even if your immune system is compromised there are things you can do as a self-help measure.

Look after your Gut

It is said that 80% of our immune system resides in the cells that line our gut. This means we need to eat plenty
of fresh fruits and vegetables to keep our immune systems humming along. Rich in vitamins and minerals, choose whatever fruit and veg is in season and organic if possible.
Fill half of your plate with vegetables or fruit and try to ‘Eat the Rainbow’ – each colour brings its own benefits and the wider the diversity, the better for your gut bugs.

Get your vitamin D levels checked
Along with good gut health, vitamin D is the cornerstone of a strong immune system. During a UK winter, there is simply not enough sunshine to make vitamin D through the skin (how we normally obtain vitamin D, though we can get a small amount through certain foods). This means that we should all supplement through the winter. This is also recommended by the NHS, although the amount they recommend is barely enough to maintain current levels.
In studies, vitamin D deficient individuals were found to be at higher risk of COVID-19 infection compared to vitamin D sufficient patients.

An optimum level of vitamin D is between 75nmol/L and 100nmol/L. You can get an at- home test for £29 https://www. vitamindtest.org.uk/ and you can calculate how much you may need here. You can read more about the importance of vitamin D in an article I wrote last year here.

Sleep

Disordered sleep promotes inflammation, and healthy sleep supports an anti-viral immune response. As part of your wind down routine, deploy the two- hour rule for healthy sleep:

• Leave two hours between eating and drinking before bed

• Leave a two-hour gap before intense exercise and bed
• No devices two hours before bed and start to reduce your exposure to light.

Stress

Stress chemistry is inherently inflammatory. Cortisol is released in response to
stress and it has an immune suppressive action. We all have stress in our lives, some of it useful, but we can certainly help ourselves by:

• switching off the news and limiting social media.

• Take time to relax and laugh • Find one thing a day that brings you joy.

Reduce things that may depress your immune system Sugar, refined processed foods, alcohol and cigarettes all rob the body of nutrients, create inflammation, damage your gut and give you nothing in return.

Exercise

Inactivity is associated with a higher incidence of infection, slower recovery and poor antibody response. Try to get outdoors in the fresh air, even if just for a daily walk. Be aware that excessive exercise can lower immunity, so be sure to find balance.

by Karen Geary, a Registered Nutritional Therapist DipION, mBANT, CNHC at Amplify

How will I cope with my bills?

By

Editorial team

-

13 November 2021

0

A local expert from Citizen’s Advice answers a question from the public. This Month: How to cope with the rising energy bills.

Q: My energy supplier recently went under and the new tariff I’ve been put on is far more than I used to pay. I’ve heard that energy prices are set to rise further and I’m not sure I can afford it. What help can I get? What changes can I make around the house to help reduce my outgoings this winter?”

A: The cost of energy is very high at the moment and it is causing people to worry. Normally we would suggest switching to a better deal but the situation is very difficult at the moment and there aren’t that many good deals out there. However there are still ways you can keep your bills down.

Small Things

Everyday changes can help, such as making sure that electronic devices such as games consoles are switched off and not left on standby, washing clothes at a lower temperature and only filling the kettle with the water you need. Turning down your thermostat by one degree and spending a minute less in the shower can save you £££ on your energy (and water) bills. The government’s Simple Energy Advice website has lots of similar tips.

Through the roof

You’re right in another way about bills going through the roof – and the walls and windows too. If you can afford it, one way of cutting costs long-term is to invest in good insulation. If you are renting, you could ask your landlord to do this. You can get more information from Healthy Homes Dorset.

You may also be able to get help with the costs of insulation via the Energy Company Obligation scheme. Contact your energy supplier for more information.

Depending on your financial situation, there may be some support available for helping to pay your energy bills. For example, if you claim pension credit or other means-tested benefits, you may be eligible for the Warm Home Discount, which cuts £140 per year from your energy bills. Check the government website to find out if you are eligible to apply.

Support fund coming
The government recently announced a £500m fund to support households this winter. The fund is going to be

distributed locally via Dorset Council but at time of writing there is no specific detail about eligibility or the application process so keep a look out for announcements about how this might help you.

You can always call the national Citizens Advice consumer helpline on 0808 223 1133 for free advice about energy costs or contact Citizens Advice in Dorset on 0800 144 88 48.