Press articles

Accolade for an Outstanding Performance

Karen Eve photoThe skills of a Maidenhead lawyer have been recognised by the UK's leading family law group “Resolution”. Miss Karen Eves, specialist family lawyer at Colemans Solicitors LLP, has recently gained Resolution Accredited Specialist status with some of the highest pass marks ever recorded.

Jane McCullah, chairman of Resolution, said, “Karen was identified by the assessors of the Specialist Accreditation Scheme as being an outstanding candidate in each element of the Scheme. This is rare and I send my personal congratulations to Karen on her achievement. The standard of the Scheme is extremely high and to be identified as outstanding is a true accolade.”

Karen was born in Maidenhead and worked in family law for a number of years before joining Colemans in 2004 where she is now an Associate of the firm. As an experienced family solicitor she advises in all aspects of divorce and separation including resolution of the finances, property and pensions, and issues relating to children. Karen also deals with injunctions relevant to domestic abuse, and advises on cohabitation issues and pre-marital agreements.

Resolution (formerly the Solicitors Family Lawyers Association) set up the Accreditation Scheme in 1999 to help people who are facing family breakdown to make an informed choice when deciding which lawyer to appoint. To become a Resolution accredited specialist, lawyers have to agree to uphold the Resolution code of practice and to have passed a written test demonstrating a breadth of knowledge of family law issues and specialist knowledge in at least two areas of family law.

Karen is one of a growing number of lawyers in England and Wales to achieve Resolution accreditation. She comments: "As a Resolution member, I am committed to encouraging a non-confrontational approach to resolving family disputes. That way, both the emotional and financial costs of divorce or family breakdown are minimised for those involved. Now, by choosing a Resolution specialist, people can be assured that they are being advised by someone who has a wide knowledge and experience of family law, and has the qualifications to demonstrate it."

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Success Earns Promotion

Associates - Sue Jones, Karen Eves and John Lennon
Sue Jones, Karen Eves and John Lennon
The law firm Colemans Solicitors LLP of Maidenhead has promoted three of its successful lawyers to Associate status from 1st April 2007. They are Sue Jones (commercial, employment and intellectual property), Karen Eves (divorce and family law) and John Lennon (litigation). The enhanced position of Associate in a law firm is often a stepping stone toward partnership and provides the lawyer concerned with an opportunity to have greater input into the development and management of the firm.

Sue Jones is an experienced commercial lawyer dealing with business sales and acquisitions, employment law and intellectual property. During her many years with Colemans she has built up a strong reputation throughout the Maidenhead area and has helped steer difficult transactions to a successful conclusion. Karen Eves specialises in family law and children’s issues. During her three years with the firm she has developed strong relationships with local support groups. John Lennon has been with Colemans for over two years and has a reputation for being one of the South’s foremost litigators in the areas of contract disputes, debt recovery and other aspects of civil litigation.

Commenting on the appointments, managing partner Mike Stone says, “I am delighted to promote these three successful lawyers to the positions of Associate. They have secured outstanding results for our clients and their increased involvement can only add to our strong and dynamic practice.”

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Quarter-century Not Out!

Michael Cutler
Michael Cutler
25 years ago Maidenhead newspapers headlined such stories as, “Nuclear Fallout Bunker in Town Hall costs soar”; “Maidenhead servicemen amongst first to die in the Falklands war”; “Princess Ann launches town’s 400 years celebrations”; “Very cold winter brings talk of new ice-age”. Among the less serious news items in 1982 were these items, “Vicar of Wargrave wins annual Shrove Tuesday Pancake Race”; “Cookham Dean roads brought to a standstill by thousands attending Laura Ashley Sale”. A quarter-century ago petrol cost the equivalent of 33p a litre!

Another event escaped the attention of local reporters, though no less momentous – a young solicitor called Michael Cutler joined Charles Coleman & Company solicitors in their offices on Marlow Road, Maidenhead. Today the firm is called Colemans Solicitors LLP and he is the senior partner! During his time in Maidenhead he was also a member of the Great Britain Pistol Shooting Squad and gained a silver medal at the Commonwealth Games.

Michael was one of the early members of a unique organisation called STEP which is the Society of Trust & Estate Practitioners. As its name perhaps implies, it is a group of specially trained and qualified professionals who are experts in the law surrounding the whole issue of taxation and administration of people’s assets, during lifetime and after death. Full members of STEP are the most experienced and senior practitioners in the field of trusts and estates; Michael is the only full-time solicitor member of STEP in Maidenhead and regularly acts as consultant in this field to accountants, financial advisers and other solicitors.

As a young lawyer he chose to specialise in the financial aspects of Wills and Probate because he liked the idea of taking on the Chancellor of the Exchequer by exploiting tax-saving opportunities for his Maidenhead clients. Since joining Colemans’ in 1982 he has noticed a dramatic shift in the emphasis of Estate taxation away from the wealthiest people, at whom Inheritance Tax was originally aimed, so that it now affects almost every householder in this area. Rising house prices have been largely responsible for this as shown by a local advert in 1982 which offered a “beautiful detached cottage with a ¼ acre grounds, secluded gardens and double-glazing for £59,950”. In 2007 average house prices in Maidenhead are now running at over £370,000 so it can readily be seen that the current Inheritance Tax threshold of £300,000 is easily breached especially when the value of investments, savings, car, life policies, pension funds etc. are added to the value of a house.

The face of the legal profession has also changed dramatically. In 1982 the public’s respect for solicitor’s practices was high and clients tended to remain loyal to a single firm. Consumerism has changed all that and law firms have reacted by becoming more businesslike. Colemans were the forerunners in Maidenhead at implementing business management practices, including the introduction of technology in which Michael took a keen interest. Today’s Marlow Road offices look and feel very different to when the young Michael Cutler first walked through the door, and that has little to do with the firm’s move from number 27 to larger premises at number 21!

As Michael contemplates the next 25 years with his wife - a practicing family lawyer - and his two children, he sees the law becoming increasingly complex as Governments seek to find more “creative” ways to raise taxes and specialists like him find equally creative ways to ensure that his clients receive the best legal advice available.

For further information please contact Michael Cutler on 01628 631051 or email michael.cutler@colemans.co.uk or visit the web site www.colemans.co.uk

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Maidenhead's Leading Law Firm Grows & Grows

Brian Regler
Brian Regler
Colemans Solicitors LLP Maidenhead’s leading firm of commercial property solicitors has continued its expansion with the appointment of solicitor Brian Regler who has transferred from the Reading branch of a large, Thames Valley law firm.

Brian brings with him an impressive following of well-known business clients which he has built up over the past 30 years. They include landlords of residential and commercial property, investors in property portfolios, and owner-managed businesses. Since first qualifying as a solicitor in 1973 whilst at another large Thames Valley firm, he has made a speciality of property law. This expertise has seen him employed in London and more recently in Reading.

Commenting on his move to Colemans he says, “One of the benefits of working at the head office of the firm is that I shall be able to provide my clients with a wide range of legal services from under one roof. It will be a great advantage to have colleagues close at hand who can act for my clients in related areas such as litigation, company commercial, business transactions and inheritance tax mitigation.”

Colemans’ Managing Partner Mike Stone says “Our clients want to deal with experienced property professionals and by adding Brian to our team we now have both enormous experience and real strength in depth. We cover the full range of property and related services and Brian’s experience and maturity will help our clients and ourselves move from strength to strength.”

Cricket has been one of Brian’s interests for many years, serving as a committee member of The Law Society Cricket Club for 25 years. Whilst working in London he was also president of Middlesex Law Society – a big hitter in more ways than one!

For further information contact Mr Mike Stone or Brian Regler on 01628 631051 or email michael.stone@colemans.co.uk or visit the web site www.colemans.co.uk

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Commercial Property Owners Boosted

Chris Arthur
Chris Arthur
Maidenhead’s commercial property owners and occupiers have received a boost this month with the appointment of specialist property lawyer Chris Arthur to the staff of Colemans Solicitors LLP, confirming the firm’s status as Maidenhead’s leading law firm.

Chris has worked extensively for the property departments of some large city law firms. He later made the switch to the role of in-house lawyer and worked for the Prudential Insurance Group, and then for the mobile phone giant Orange where his fluency in French stood him in good stead. It also gave him specialist Telecoms expertise rarely available in the Maidenhead area. In joining Colemans as a specialist commercial property lawyer he brings considerable experience and expertise to the town for the benefit of commercial property landlords and tenants alike.

Colemans’ managing partner Mike Stone says, “I am delighted that Chris has joined our commercial property team and am confident that his experience and maturity in this area of the law will help our clients to expand and develop their property assets with increased confidence and efficiency”.

For further information please contact Mike Stone or Chris Arthur on 01628 631051 or email michael.stone@colemans.co.uk or visit the web site www.colemans.co.uk

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Training Contract for Maidenhead Lawyer

Kate Williams
Kate Williams
Maidenhead-girl Kate Williams has been awarded a training contract with Colemans Solicitors LLP having just completed the Legal Practice Course at the College of Law in London.

Kate’s first contact with Colemans was during a work experience placement while still at Newlands School but she then joined the firm full time as a paralegal secretary. This experience served to confirm her ambitions to become a lawyer and she subsequently graduated from Kingston University with 2:1 in Law LLB (Hons) with Business. She says, “I wanted an intellectual challenge and a career in which no two days are the same. I am looking forward to working in a field that is so prone to change, and to using specialist knowledge and experience to help businesses or individuals with their problems.

A training contract, which is not easily acquired, is a period of practice-based training that is tailor made for graduates who wish to qualify as a solicitor. As such, Kate will spend time in each department at Colemans gaining practical experience in law and learning to apply a range of skills in areas such as company law, conveyancing, family law, etc. Typically, a training contract last for a minimum of two years.

Colemans’ managing partner Mike Stone says, “I am delighted that we have been able to offer Kate a contract and we are looking forward to seeing her develop into a highly competent lawyer. We shall have to wait and see in which area of law she will specialise but our experience of having her work with us already gives us confidence that she will prove to be a great help to our clients.

For further information please contact Mike Stone on 01628 631051 or email michael.stone@colemans.co.uk or visit the web site www.colemans.co.uk

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Realising the value of your business

Mike Stone speaking at the seminar
Mike Stone speaking at the seminar
On Monday, 26th February 2007 Colemans solicitors of Maidenhead held an important, two-hour seminar for local business owners who are contemplating selling their businesses at some point in the future. A mixture of more than 20 local business owners, bank advisors and accountants attended the seminar at the Walton Cottage Hotel on the Marlow Road, and they were presented with clear guidelines to follow when preparing for such a significant step.

Specialist speakers from Colemans covered such topics as Choosing Your Advisers, Finding the Right Buyer, The Process, Contracts, Employees, Property Issues, Assets, Warranties, and several other items of considerable importance. Guest speaker David Gordon-Smith, a partner at Donald Reid Accountants in Maidenhead, addressed the question of How to Value Your Business and How To Minimise Taxes.

Colemans’ managing partner, Mike Stone, said, “Businesses are sold for many reasons, at various different stages of their development. The price you realise and your ability to retain the proceeds of sale can often depend on the quality of professional advice you receive. Business sales can be complicated transactions involving many different facets of the law, and so instructing a firm such as Colemans, with a wide range of specialisations, can be essential. Proper planning for sale and succession is highly desirable to maximise returns and we believe it is never too early to have these goals in mind. We have hopefully provided the seminar delegates with an insight into the most pertinent issues and we hope to be working with a number of them in the future to help them achieve their goals.”

For further information, please contact either commercial lawyer Sue Jones or managing partner Mike Stone on 01628 631051 or write to them at Colemans, 21 Marlow Road, Maidenhead SL6 7AA. The firm’s web site is www.colemans.co.uk and email is info@colemans.co.uk

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Divorce and your business

The team at Colemans Solicitors
© Raymond Thatcher 2006
Divorce is an all too-familiar fact of life in the 21st Century and can have far-reaching implications, especially for the increasing number of owner-managed businesses. What are the implications when the break up of a personal relationship impacts on the ownership and assets of a business? What can happen to the employees, shareholders, premises etc., especially if the business is in the names of both parties in the divorce? In these circumstances it is essential to take early, specialist advice from a legal practice that can look beyond basic divorce procedures. A significant number of divorcing couples are facing these problems in today’s “equal rights” world but there are few firms of solicitors with the expertise to cater for both the personal and the business aspects of a modern divorce. Colemans solicitors of Maidenhead is just such a firm. When you instruct Colemans in connection with your divorce you do not just get a divorce lawyer, you have access to a whole team of lawyers who have specialist commercial training and experience. Here are just a few aspects of a “business” divorce with which Colemans’ lawyers have experience:-

  • How to hold on to your business, particularly if you take advice at an early stage.
  • Advice in connection with the sale of a business or the purchase by one spouse of the other spouse’s interest or indeed assist with the provision of formal Shareholders Agreements if both spouses are to remain in the business together after the divorce.
  • Guidance over commercial property holdings held by one or both spouses and in connection with possible leases back to the business and related matters.
  • Assistance with raising finance and providing security to banks and other funders particularly where one spouse is borrowing money to buy out the other.
  • If you are in business with your spouse we can advise on the rights of minority shareholders, the duties of directors and company secretaries particularly if documents have been historically signed without a full understanding of their implications.
  • Where one spouse is an employee of the other and will either cease to be so or has been dismissed, quite possibly for reasons connected with the divorce rather than as a consequence of the employee’s performance or conduct, we can provide advice.
  • We can prepare new Wills to apply pending the divorce, and cater for Inheritance Tax implications.
  • Residential conveyancing in connection with the sale or mortgage of the matrimonial home and/or acquisition of a new property can also be undertaken or advice given in connection with such matters,

With more than 60 years experience of providing legal advice in the Thames Valley, Colemans of Maidenhead is very well placed to meet the needs of local business owners, directors, and shareholders. To arrange a personal, confidential appointment on your current or impending situation, contact the head of Colemans’ Family Law Department, Alison Whistler, on 01628 631051 or by email to family@colemans.co.uk For more details about the firm please visit the web site at www.colemans.co.uk.

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Law Firm Passes Survey With Flying Colours

Alison Whistler of Colemans SolicitorsThe Government’s Legal Services Commission requires specialist law firms to undertake comprehensive surveys of client satisfaction, and Colemans Solicitors of Maidenhead found that 91% of clients who responded to their latest survey gave a high rating across a range of questions.

The area of specialism for which Colemans has LSC approval is Family and Child Care law, and clients were surveyed about their experience of having their legal matters handled by individual lawyers within Colemans. Alison Whistler, head of the Family Law Department at Colemans, said, “Even though we feel confident that we have provided a good service to our clients, it is always a tense time when the survey takes place. The Legal Services Commission is interested in the practical side of how we manage client cases, but also expects us to survey our clients with questions such as, ‘How well did we listen to what you had to say?’ and ‘How well did we keep you up to date with the progress of your case?’ The crunch question I suppose was, ‘Would you recommend us to someone else if they needed help or advice?’ and I am pleased to say that 91% of our clients said they would.

Family law can be a very stressful part of a solicitor’s work because of the potential for highly charged emotions in divorce cases – from custody of the children, to the division of property and finances; such issues can cause great anxiety. The family lawyers at Colemans are all members of Resolution (the Solicitors Family Law Association) which is committed to a non-contentious approach to divorce and separation. Government auditors have given their approval for the firm to offer this specialist legal advice for the past seven years, and this latest survey shows that Colemans are fully deserving of this endorsement.

For more information contact solicitors Alison Whistler or Karen Eves on 01628 631051 or write to Colemans, 21 Marlow Road, Maidenhead SL6 7AA Alternatively, send an e-mail to family@colemans.co.uk or visit the web site www.colemans.co.uk.

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GCD SECURITY INITIALS DEAL

GCD Security's Eddie Clarke with Colin HellmuthThe shares of Maidenhead’s GCD Security Ltd have been sold by its sole shareholder, Eddie Clarke, to Initial Electronic Security Systems Ltd. of Blackburn (part of the Rentokil Group) without any loss of full time jobs. In fact the deal brings more employment to Maidenhead because Initial are closing their Reading operation and transferring staff and work to GCD’s existing Waldeck Road site. Eddie Clarke, former Director and Shareholder of GCD, was one of the founders of GCD back in 1974 when he began to supply a new design of underfloor safes from his home in High Wycombe, and saw Esso Petroleum become his first customer. Since those days Mr Clarke, a qualified engineer and master locksmith, has built up a one-stop security service employing 28 staff who provide everything from window grilles to cctv, and high-security safes to electronic alarms. In 1978 he opened a retail shop in High Street, Maidenhead and had to build the commercial premises in Waldeck Road, Maidenhead in 1985 because the business was bursting at the seams. “One of the difficulties in expanding a security business was the lack of trained specialists,” says Eddie Clarke, “so I started my own apprenticeship scheme which still runs today. Although I am now giving up the commercial premises and operating solely from the High Street shop, I shall continue the apprenticeship scheme because I will still need qualified security engineers to provide customers with the quality service which good security installations require.” The locksmith business was excluded from the sale to Initial Electronic Security Systems Ltd and remains under Eddie's ownership. Initial Electronics approached Mr Clarke about a takeover at a time when he was considering easing up on his business activities to release more time for his other interests. These include being chairman of the Security Industry Training Cooperative in Uxbridge College, and parade organiser of the Maidenhead Carnival in which he has been involved since its inception.

The Initial Group is an old established firm which appeared to share the same ideas and vision for local customer support that I do”, he says. “But it was still a daunting prospect, and handing over my life’s work to such a large organisation proved to be an extremely complex affair. Could I be sure they would continue the reputation I had built up for the GCD name? In all aspects I found the advice and support of Colin Hellmuth and Sue Jones, business solicitors at Colemans in Maidenhead, to be invaluable in steering me through the process.” But it is not going to be golf all the way for Eddie Clarke! He still retains a keen interest in the subject of security and will be expanding the core locksmith and safes side of the Security Centre which remains in High Street. “Adequate physical protection of buildings is the first line of defence before fitting electronic alarms,” Eddie Clarke observes. If you can prevent or dissuade intruders from gaining entrance to your home or business premises in the first place, then you have won the battle before they even cross any electronic thresholds.

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Maidenhead is National Inheritance Tax hot-spot

Michael Cutler - SolicitorThe Royal Borough of Windsor and Maidenhead is the area with the highest Inheritance Tax bills, according to a survey by Scottish Widows bank. The same survey showed that one in three homeowners in the south of England faces a potential Inheritance Tax bill. Now new Land Registry figures for the fourth quarter of 2005 show that, in spite of the usual seasonal fall, the average Maidenhead area house price is over £295,600, and the price of the average detached house in the area is almost £461,000. Asset protection specialist Michael Cutler, a partner with Colemans Solicitors, comments "If only because of the property values in this area, many local families are now facing a large Inheritance Tax bill. If a couple with typical family Wills have combined assets of more than £275,000 (including house, savings, and any insurance money, pension lump sum or death-in-service benefit due when the first of them dies), their heirs will have to pay 40% tax on everything over £275,000. The average detached house could now attract an Inheritance Tax charge of over £74,000 by itself and, on an estate of £550,000, there would be ‘death duty’ of £110,000!”
Asked about recent developments in this field, Michael Cutler explains “There has been a lot of publicity in recent months about changes to Inheritance Tax and, in particular, about the new Pre-owned Assets Tax. Much of what has been written on this subject is misleading, and some of it is simply wrong.” Michael Cutler reveals “It is still perfectly possible, and perfectly acceptable to the Revenue, for a couple to set up Wills and Trusts which can save at least £110,000 in Inheritance Tax, and often much more, depending upon their circumstances. If done properly, this can be achieved with minimal continuing administration and no continuing overheads. Of course, this must all be done carefully and correctly, as the Revenue looks at such arrangements very closely and attacks them where it can, and there are pitfalls which are largely unknown to those who do not specialize in this field.”
Solicitor Michael Cutler is a member of S.T.E.P. - the prestigious Society of Trust and Estate Practitioners - and he has been advising clients on Inheritance Tax mitigation and estate planning for more than 10 years. To contact him, call 01628 631051.

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Family Engineering Firm Changes Hands After 50 Years

Photo of Sue Cutler of Colemans Solicitors with Robert Duncan, Peter Cenci and new MD Tony CoadeDoig Spring & Engineering Co Ltd Ltd. of Furze Platt, Maidenhead has changed hands after more than half-a-century as a family business.

The company, which employs 38 people and exports its springs, pressings and wire products around the world, has been bought by midlands-based Joust Ltd. (owned by Mr Tony Coade) without any loss of jobs. The outgoing directors, Mr Robert Duncan and Mr Peter Cenci, were advised in the sale of the company by commercial solicitor Sue Jones of Colemans in Maidenhead. "I don't know how we would have managed without Sue's skill and experience: she made a stressful transaction bearable", said Robert Duncan. Robert will be staying on for six months as a consultant advisor, and Peter Cenci has taken the role of Production Manager. "It is a great benefit for the continuity of service to customers and the well-being of staff to have Peter staying on in this role", says new MD Tony Coade.

Doig Springs started life in 1949 when Robert Duncan senior began making springs on his kitchen table in Maidenhead as a part-time venture. He cycled to companies in the area seeking their business and Crane Packaging Ltd. in Slough became one of his first customers - they remain a customer today. 1952 saw the renting of the first factory in St Peter's Road where Robert senior was joined by his brother, George, and his brother-in-law Martin O'Hara, and soon afterwards Martin's brother Brian. Shortly afterwards Robert Duncan junior joined the firm in 1961. There were, at one point, eight members of the family employed there.

The present manufacturing location was bought in 1958 from an employee who owned a bungalow with a small piggery alongside. The employee sold the piggery to Doig Springs and the present St. Peter's Road site was built on it. The Company also has a manufacturing facility in Fraserburgh, Aberdeenshire. Components produced have been used by a wide range of well-known companies such as Black & Decker Ltd., Arianespace, McLaren Racing, Hoover plc, British Aerospace Defence Ltd., and Stoves Cookers Ltd. - to name just a few. Other companies owned by Mr Tony Coade are also in the engineering manufacturing industry and he sees the products of Doig fitting in well with the group's range.

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Art of the matter for Colemans

Photo of Colin Hellmuth, Senior Partner and Terence Gilbert, artistColemans Solicitors has chosen a selection of prints by internationally renowned Maidenhead based artist TERENCE J GILBERT as the final touch to their newly designed offices in Marlow Road.

Terence currently has a successful London Exhibition at Bruton Street Gallery depicting scenes or London and the Social Season. His paintings are in the collections of Royalty, Heads of Governments and International Film and Media personalities. Although renowned as a recorder of the contemporary social scene he is in constant demand for racing paintings as well as portraits of international sporting heroes.

Coleman's senior partner, Colin Hellmuth, chose pictures by Terence S Gilbert to decorate their Reception, Boardroom and. Waiting rooms because, he says: "I have long admired Terence's work which compliments our own pursuit of excellence. It is also very satisfying to be able to support a local talent in such a tangible way. The pictures add interest and a touch of colour for our clients to admire when they visit us".

Terence Gilbert's work is currently on display at Bruton Street Gallery, Bruton Street, London and a wide range of his prints can be seen while visiting Coleman's offices.

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Colemans advise on £2.5m sell off

Photo of Chris Herman, Richard Steer and Colemans' Mike StoneIn a deal worth £2.5 million, Mr. Chris Herman has sold his company J.C. National to fellow director Richard Steer. Colemans Solicitors of Maidenhead advised Mr. Herman on the sale.

Mr.Herman originally bought J & C Auto Supplies Ltd. in 1988 when the firm had an annual turnover of £800k. In a little over ten years he built up the company to a turnover of £6 million and a staff of 50 employees. He had four co-partners in the early years but bought them out over a period of time until he became the sole owner in 1995. In the process J & C Auto Supplies Ltd. became one of ICI's top-ten distributors of vehicle paints in the whole of the UK and now trades as J.C. National. As well as specialised vehicle paints, the company also distributes bodywork equipment to the motor trade, and has a subsidiary car body repair operation called Manhatten Coachworks which carries insurance company approval. Chris Herman says, "Richard Steer joined my company from a competitor to be the Sales Director but with an option to buy me out within 12 months. He was so impressed with the way we performed that he exercised his option after just 8 months. This was a big step for me so I felt I needed the best legal advice I could get which is why I turned to local solicitor Mike Stone of Colemans, a firm which had given me excellent service in the past over employment contracts, property acquisitions, and other important matters."

Mr. Herman sold both J.C. National and Manhatten Coachworks to Mr.Steer but has left his daughter, Georgina, in place as Customer Support Manager - a decision which ensures continuity for J C's appreciative customers.

Although Chris Herman will retain his major shareholding in another local company, Parkford Coachworks Ltd. of Taplow, he plans to devote much of his time to his hobby as a rock-and-roll dancer. One of his great pleasures is auctioning one-hour lessons for charitable causes. He is so well known in this activity that his lessons fetch up to £100 each at auction, a fact which delights the charities he supports.

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For Richer, For Poorer

Karen Eves of Colemans Solicitors

Have you thought about the legal implications of your marriage? Karen Eves highlights important issues to address before the big event!

Will the family home be protected?
The major asset of married couples is usually their home. For each spouse, this represents both a roof over his or her head and a capital investment. In order to ensure that you are both involved in the discussions and any agreement as to any steps that are to be taken in relation to the home, such as selling it or re-mortgaging it, it is important that you obtain advice in relation to your personal circumstances to ensure that both of you have a say in relation to any dealings of your home. You also may wish to ensure that should either spouse die before the other, the surviving spouse is entitled to remain in the home. If a property is in the sole name of one spouse, the property may not pass to the surviving spouse and even if the property is in both spouses' names, it is important to ensure that the home has been registered at the Land Registry correctly to ensure that on the death of one spouse it will pass automatically to the surviving spouse.
We already have Wills, is there any need to change them?
It is important to realise the effect which marriage itself may have on an earlier Will by a spouse. A Will is revoked by the marriage of the spouse who made the Will. However, this rule does not apply if the Will was made in contemplation of marriage and the spouse who makes the Will intends that the Will should not be revoked by the marriage.
What is the situation regarding existing children?
In today’s modern society couples often live together and start a family before saying, “I do” in a marriage ceremony! Couples entering into marriage with children may wish to consider whether it is appropriate to make provision in a Will for the appointment of a Guardian for the children of the family. The appointment of the Guardian would only take effect when there is no living parent with Parental Responsibility.
What is Parental Responsibility? (PR)
PR is defined as “all the rights, duties, powers, responsibilities and authority, which by law a parent of a child has in relation to the child and his property”, for example the child’s name, medical treatment, religion and education.
Who has PR?
There is a wide variety of people who may acquire PR for a child in different ways. For example:
  • PR is conferred automatically on the mother of the child, irrespective of her marital status.
  • If the father was married to the mother at the time of the child’s birth, the father will automatically acquire PR.
  • If the father was not married to the mother at the time of the child’s birth then the father may acquire PR by agreement with the mother, or by Order of the Court, or by obtaining a Residence Order, or by marrying the mother any time after the child’s birth up until the child reaches 18. From 1st December 2003 unmarried fathers can acquire PR by being registered as the child’s father on the child’s Birth Certificate.
Is there a limit on the number of people who can have PR for a child?
There is no limit on the number of people who can have PR for a child at any one time. A person does not lose PR merely because someone else acquires it.
I’m about to become a step-parent – will I have PR for my spouse’s children?
A step-parent does not obtain PR automatically by virtue of marriage to the child’s natural parent. A step-parent has to acquire it legally. However, a person may arrange for some part or all of that responsibility to be met by one or more other persons, such as step-parents and for example schools, churches, clubs and activity centres. The exercise of PR in such circumstances will often be qualified in some way by agreement between the parents and those bodies.
As a step-parent, how do I acquire PR?
Step-parents may acquire PR by one of the following ways:
  • By the making of a Residence Order in his or her favour. PR shall be retained for as long as the Order remains in force.
  • By the making of an Adoption Order in his or her favour.
  • When the Adoption and Children Act 2002 comes into force, step-parents will be permitted to acquire PR for a child of his or her spouse either by agreement between the step-parent and the parent with PR for the child, or by Order of the Court. This provides an alternative to adoption where a step-parent wishes to acquire PR for his or her step-child.
As a step-parent will I be responsible for the maintenance of my spouse's child or children?
It depends! A step-parent will be responsible for the maintenance of a child insofar as the step-parent is a party to the marriage in relation to which the child concerned has been treated as a "child of the family". As to whether a child is a child of the family will depend on a family's personal circumstances. However, it is important to remember that a step-parent will be responsible for the maintenance of a child who is regarded as a child of the family, irrespective of whether the step-parent has PR or not.
Should I sign a Pre-Nuptial Agreement?
A Pre-Nuptial Agreement is a Contract made by a couple prior to the marriage, which sets out the distribution of the couple’s income, capital, assets and any inheritance acquired before and during the marriage, if they separate or divorce. Some couples prefer to plan for such an eventuality rather than leave it to an unknown Judge to make a decision.

Further advice and assistance in relation to the above issues can be provided at an initial consultation with Karen Eves, a Family Law Solicitor at Colemans Solicitors, 21 Marlow Road,

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One of Top Legal Fundraisers in UK

Michael Cutler of Colemans Solicitors presents Ken Hulme with a cheque for £2350Solicitor Michael Cutler is being hailed as one of the top legal fundraisers in the UK after raising £2,350 by preparing wills in aid of Third World charities.

Mr. Cutler a partner in the law firm Colemans which is based in Marlow Road, Maidenhead, persuaded local people to make out their wills in exchange for a £40 donation to the Will Aid campaign which was run nationwide throughout November. In total 69 people turned to Colemans after reading in the Maidenhead Advertiser that the firm was trying to raise money for poor communities throughout the world, and at the same time help people avoid the high taxes and heavy legal fees which could result if they died without putting their affairs in order.

I am very grateful to all the people who came forward and to my partners. It was very hard work for over two months but there are now 69 people who have proper provision for their families,” said Mr. Cutler who is a taxation and trust expert. “I was astonished to find that we are one of the top 10 fundraisers in the country. It was hard work but it has certainly worked.
Thanks to Will Aid more than £400,000 has come in throughout the UK to spend on projects which range from improving drinking water to helping children who have lost limbs because of land mines.
The money is being shared by a consortium of major charities including Action Aid, the British Red Cross, Save the Children, Christian Aid, and CAFOD, who are working in more than 75 countries. Since it Will Aid was started in 1988 it has raised a staggering £3 million.

We are delighted with the effort that Colemans and its clients have poured into raising this excellent amount,” said Ken Hulme, Will Aid campaign manager, when he visited Maidenhead to receive a cheque from Michael Cutler on Monday last week. “Over 2000 law firms took part in the initiative and Colemans are in the top 10 contributors in the country.”

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