About B P Collins

B P Collins Solicitors: talk to the experts

Gerrards Cross: +44(0) 1753 889995
Beaconsfield: +44(0) 1494 675363

Legal services for individuals: a 12 month review

01 July 2007

As the long, carefree days of Summer give us time to reflect on the last 12 months, it is worth noting some of the key legal issues that have affected families and individuals over this period, and what solicitors at B P Collins in Buckinghamshire have been actively advising clients on.

In employment law, the introduction of age discrimination regulations, the Quality Act and a number of other regulations, continue to put employers under the spotlight. Our employment team, headed by Jo Davis, has been particularly active in supporting employees facing age discrimination, as well as helping employers to introduce more flexible working arrangements for staff. Of particular importance has been our involvement in creating new law in relation to whistle-blowing claims.

A number of national matrimonial cases have created an air of uncertainty in relation to divorce. Our family and matrimonial law team, headed by Sue Andrews, has worked hard to ensure that our clients achieve settlements that fairly reflect their circumstances. With many solicitors clamouring for the Law Commission to investigate the existing divorce laws, the team has seen an increasing interest in pre-nuptial agreements and other forms of relationships, such as civil partnerships, as a way of clarifying the position of couples who are not married.

The residential property team, headed by Chris Hardy, has been particularly active advising on buying and selling houses in the Thames Valley and realising value from property assets. In particular, releasing land for residential development, is now pertinent given Gordon Brown's recently announced plans for new homes.

However, a major cloud that has been hanging over the market place in the last few months has been the advent of HIPs. Chris Hardy comments: "At the time of this article, HIPs appear to be going live on 1st August for houses with 4 or more bedrooms but this may be changed now that Gordon Brown has become Prime Minister."

Last year also saw the introduction of a number of restrictions applying to trusts, making trust planning more difficult, but creating other opportunities. As Jeremy Mills, head of the private client practice, commented: 'We contacted a large number of clients and gave them an update on the effect of Gordon Brown's changes, but he has introduced a whole range of uncertainties into tax planning. This means that clients need to keep in touch with their advisers, so they can receive up-to-date guidance in what is likely to be an area that the government will continue to challenge, as it seeks to increase the flow of taxes to the Exchequer to fund spending plans."

Communicating to clients the potential impact of the new powers of attorney regime has also been a priority. On 1 October, it will no longer be possible to set up an Enduring Power of Attorney (EPA) and, instead, clients will have to set up a Property and Affairs Lasting Power of Attorney and/or a Personal Welfare Lasting Power of Attorney. The former is similar in many respects to an EPA, but the latter introduces a new ability for individuals to permit their Attorney to decide when, and how, life-sustaining medication should be continued. Our advice is to set up an Enduring Power of Attorney before 1 October as they will remain valid after this date, in preference to waiting until 1 October to set up a Property and Affairs Lasting Power of Attorney, which is at least 20 pages long and requires registration with the Court in order to be used. For those who wish to give their Attorney authority to decide on other such important decisions in the event of their incapacity, the new personal welfare Lasting Power of Attorney is welcome.

It has been a busy 12 months for B P Collins as a result of these and many other transformations in the law. We are changing the way we deliver services to clients and are becoming more open and responsive in the way we advise clients, adopting new and innovative ways of meeting their needs.

A recent survey showed that our approach is working: over 90% of respondents were highly satisfied with the service they received. This was also an opportunity to take on board the views of clients and use the results to shape the way we do things. One example of this is the re-launch of our website. Clients will notice that it is fresh, easy to navigate and is delivering an ever-increasing amount of content aimed at helping people to understand issues that may affect them. It is part of a regular programme of updating the community, and the firm will be looking to provide more focussed help in specific areas as the site evolves.

All in all, the firm is well placed to support clients through a period of rapid change, as the Legal Services Bill passes through Parliament and the market place is opened up to other service providers, including the AA and Tesco. We are confident that, whilst these new organisations will be able to secure a position in the market place, they will not be able to match B P Collins for service and the ability to deliver the excellence and inspired solutions that individuals expect from their solicitors.

For legal advice contact the team at B P Collins on 01753 889995 or email enquiries@bpcollins.co.uk.