Tuesday, 7 December 2010

ICE & DIAMONDS SPARKLE AT CHESTER BUSINESS CLUB BALL

There was plenty of ice and a few diamonds on show on Saturday evenings’ wonderful Chester Business Club (CBC) annual “Ice and Diamonds” charity ball. The glamorous evening, held at Chester Racecourse, attracted more than 280 people from Chester’s business community who gathered to network, party and raise money for worthy causes.

For the third consecutive year, DTM Legal was the main sponsors of the event which saw all the firm’s partners in attendance. The highly successful evening also raised thousands of pounds for local charity Parents Against Drug Abuse (PADA) and Skin For Life – two very worthy causes.

Julie Mogan, a partner at DTM Legal and vice chairman of the CBC, commented on the event:

“It was a terrific evening and a fantastic way to raise money for some worthy causes but importantly it was also a great illustration of the vibrancy of Chester’s business community.”

As people left in the evening the theme of “Ice & Diamonds” seemed most fitting given the freezing weather conditions and the flawless organisation of the event.

Wednesday, 24 November 2010

Employment Update

Christmas gifts for clients

It is not unusual at this time of year to spread a bit of festive cheer by providing your clients with, or accepting from your clients, a token Christmas gift as a thank you for the continued support shown throughout the year. However, the acceptance or giving of third party gifts or corporate hospitality can raise issues regarding your/your client’s future impartiality and with the introduction of the Bribery Act (“Act”) in April next year, you should be careful not to give rise to the impression that you have been influenced by the gift/corporate hospitality received. It is good practice to remind staff in the run up to Christmas of your policy in respect of third party gifts/hospitality and, if appropriate, clearly explaining what is considered reasonable and/or excessive. The distinction between bribery and lavish corporate entertaining is blurred and the Act places the employer under an obligation to have in place adequate procedures designed to prevent its employees from undertaking any conduct which may fall foul of the Act for example.

Employers may wish to consider a Gifts and Hospitality Policy for introduction in the New Year.

Christmas Party and office gossip

A recent case illustrates the consequences of staff Christmas party when gossip is often extensive at the office the following day (Nixon v Ross Coates Solicitors and another). A constructive dismissal, sex and pregnancy discrimination and harassment claim was brought by a female employee after gossip about her pregnancy occurred at her place of work. The gossip was generated by events at the staff Christmas party when she was seen kissing another employee before going to a hotel room with him. Some time after she discovered that she was pregnant and informed her superior. Information about her pregnancy was somehow disclosed to her fellow employees who began speculating with about the child and suggesting it may have been as a result of the staff Christmas party. The EAT stated: "The gossip was about the paternity of her child. It stemmed from the night of the Christmas party... It is connected with pregnancy." Her unlawful treatment was found to amount to pregnancy-related and gender discrimination and harassment.

There’s no business like snow business!


The snow has once again managed to bring chaos to Britain resulting in many employees being unable to attend their workplace. The bad whether has emphasised the importance of having adequate robust plans in place and the need for flexibility from both the employee and the employer. We have provided the below guidance on how you can limit or minimise the effect that the snow is having on your business and its employees.

The legal position remains that if employees are unable to travel to their place of work due to adverse weather an employer can offer the employee the choice of unpaid leave or holiday if the employee has sufficient days holiday to take.

Employers could make it possible for employees to work from home ensuring that they have access to the necessary technology and resources to do this. However, if this is impracticable or impossible to facilitate home working, shift work, flexible time or allowing employees to make up lost hours through unpaid overtime at a later date could be considered. If you are likely to lose more money from having to close your business due to lack of staff than having to pay a little extra to those who are unable to use their normal form of transport, offering to pay the costs of alternative transport to and from work could be an alternative.

It is important to remember that any changes to an employee's terms and conditions of employment should first be agreed by the employee.

Tuesday, 16 November 2010

DTM LEGAL AND TURNER PEACHEY TEAM UP TO DELIVER SUCCESSFUL SEMINAR


DTM Legal, one of the North West’s leading law firms, working in conjunction with Shropshire based chartered accountants, Turner Peachey, has successfully delivered a free business seminar to more than 50 of the region’s SMEs. Held at Shrewsbury Town Football Club, the seminar focused on employment Law and outlined some of the most common problems faced by businesses as well as how to avoid related tax traps.


The event began with an introduction from Ed Barnes, partner at DTM Legal, followed by his colleague Paul Edwards, an associate at the firm, who discussed difficult issues encountered in Employment Law. The feedback from the evening highlighted that guests found the presentation extremely informative and that they had gained a better understanding of this area of law and how keeping up with legislation can prove to be crucial to business.


The second part of the event was presented by David Walker, director of tax at Turner Peachey, who discussed tax planning for employers and then Brian Benson, Director of Shrewsbury based Crown Wealth Management. who went into detail about regulatory requirements surrounding employer compulsory pension contributions.


A lively question and answer session rounded up the event which was led by Ian Morris, partner at Turner Peachey. Following the seminar, guests had a chance to network whilst enjoying a buffet and drinks.


Ed Barnes commented; “There were some very relevant and informative presentations which we believe were of real benefit to those who attended. We are looking forward to putting on similar events in the future as a way of illustrating our commitment to the area and support to local businesses in Shropshire.”

Friday, 5 November 2010

How do you like your eggs in the morning?

Well, if you’re like me, you’ll like them with an added twist. So why not come and join us at the next Place North West Cheshire West & Chester Development breakfast update? The breakfast event will be held at Bolesworth Estate in Tattenhall from 7.30am to 9am on 11 November.

The breakfast event is open to all and will consist of a couple of short presentations looking at the local rural economy and ways in which residents can overcome any potential challenges ahead or take advantage of the opportunities presented. There will also be the opportunity to listen to the latest development plans as well as meet the sponsors and speakers.

Speakers will include a senior representative from Cheshire West & Chester Council, as well as Rob Hindle, director of Rural Innovation, expert on rural matters and a consultant to Cheshire West & Chester Council, and Tom Lonsdale, of planning consultancy Placecraft and a CABE advisor.

DTM Legal is sponsoring the event and we will have experts from our property team on hand to answer any questions you may have. Amongst those attending from DTM Legal are Thomas Pearson and Peter Collins, who between then have nearly 60 years experience of working for a number of landed estates across Cheshire and North Wales. The pair lead a team that acts for land owners and tenant farmers providing legal advice relating to a range of subjects from land and farm sales to agricultural diversification and sporting rights. Peter is also an active member of the Agricultural Law Association.

Other sponsors who will have representatives on hand include; Pochin, Places Matter! and Marketing Projects. Following the event there will be the chance to tour Bolesworth Estate to see the premises at first hand.

This is the second in the series of four breakfasts being hosted by Place North West and Cheshire West & Chester Council and will be followed by events in Weaver Valley on 2 December and Ellesmere Port on 27 January. Watch this space for more updates.

More than 100 people attended the first in the series, held at HQ Chester earlier this month and a full write-up of the Chester development update will appear on Place North West shortly.

We hope to see you there for that added extra at breakfast. To register for the rural event, email dunstan@placenorthwest.co.uk.

Tuesday, 26 October 2010

MONEYPENNY ANNOUNCES EXPANSION OF WREXHAM HEADQUARTERS

Moneypenny, the UK’s leading provider of Telephone Answering and Outsourced Reception services, announces today that it has acquired additional land and permission for a new office development. The new land is adjacent to its existing headquarters and the development will comprise of approximately 8,000 sq ft of additional space at Unit H Yale Business Village, Wrexham Technology Park, Wrexham.

The new site will facilitate Moneypenny’s continued expansion and will provide the space required for the employment of an additional 100 new employees. The target date for completion of the construction is June 2011.

Ed Reeves, co-founder and CEO of Moneypenny, comments:

This is a significant milestone for the company. We have been operating very successfully in Wrexham for more than ten years now and this expansion is an illustration of our commitment to Wrexham and the region. With this additional space we are able to recruit more high calibre employees locally, whilst continuing to grow our nationwide network of clients.”

The transaction was handled by DTM Legal, the Chester based specialists in commercial law.

Matthew Robinson, consultant at DTM Legal who led the transaction, comments:

“This is a significant deal in the current economic climate. We are delighted that our commercial property and investment team has been given the opportunity to extend the firm’s relationship with Moneypenny by facilitating its expansion in this way.”

DTM LEGAL PARTNERS TAKE COMMUNITY BUSINESS ROLES

Two of DTM Legal’s partners have been appointed to help grow and support businesses in the local community. Richard Thomas has been appointed Vice Chair of West Cheshire & North Wales Chamber of Commerce and Julie Mogan has been appointed as Vice Chair of the Chester Business Club.

The appointments come as the law firm celebrates its second anniversary and is an indication of DTM Legal’s commitment to supporting the region’s business community.

Richard Thomas, a North Walian by birth, will have responsibility for supporting member businesses across North Wales by promoting the services and benefits the Chamber provides to businesses as well as promoting economic growth and learning in the region.

John Newton Jones, Chairman of the West Cheshire & North Wales Chamber of commerce, comments: “It’s great to have Richard on board in this role as he brings a wealth of experience and the energy needed to help support our members and promote the Chamber’s work in the region.”

Julie Mogan’s work with the Chester Business Club will involve both representing business interests in Chester as well as helping raise the Club’s profile and supporting activities that promote business growth in the City. In addition, she will continue with the membership to promote the charitable work the Chester Business Club does in supporting local causes.

Those interested in finding out more about the West Cheshire & North Wales Chamber of Commerce by visiting http://www.west-cheshire-chamber.co.uk/ or the Chester Business Club can by emailing info@chesterbusinessclub.co.uk

DTM LEGAL CELEBRATES 2nd ANNIVERSARY WITH EXPANSION

DTM Legal, the Chester based commercial law specialists, has added reason to celebrate their second birthday as they announce plans for further growth and office expansion. The firm has confirmed that it is looking for office space in both Shrewsbury and St Helens and is actively looking for additional talented staff to bolster their expanding teams.

Since the launch of DTM Legal in 2008 the firm has doubled in size form an original team of nineteen and won the Business Start Up Award in 2009. The firm now aims to build on this position with further expansion into new markets.

As part of its second anniversary celebrations, DTM Legal is inviting clients to a Champagne reception at Chester Race Course on 30 September. The event wasattended by more than 250 guests from some of the region’s leading businesses.

Julie Mogan, partner at DTM Legal, comments: “It’s been an exhilarating rollercoaster ride getting the business up and running and we have performed ahead of forecast despite the economic climate. We have thoroughly enjoyed every moment, but are now entering what I believe to be the most exciting phase as we look to further grow the business from our Chester base.”

DTM Legal are specialists in commercial law and offer clients a full spectrum of advice from employment and property law to legal advice for business recovery, corporate law and a range of litigious issues.

Saturday, 18 September 2010

Chester Development Update

DTM Legal LLP's property team, headed up by Thomas Pearson is working again with the Place Northwest and Cheshire West & Chester Council to deliver follow up breakfast seminars to April's successful Property Forum.

The first breakfast event of the series will be held at the prestigious HQ on Thursday 7 October and will focus on development in Chester, in particular the challenges and opportunities that exist.

Key speakers in attendance will be:

Cllr Mike Jones - Leader of the Council
Rita Water - Chief Executive of Chester Renaissance
Henry Owen John - Regional Director of English Heritage

For further details on the event please click on this link.

Tuesday, 17 August 2010

Peckforton Land Auction Sale - date announced

Thomas Pearson, Partner and head of DTM’s commercial Property team is acting for the vendors on the sale of 7 lots at Auction on 8th September 2010.

The lots are being sold by Strutt & Parker, Chester at the Swan Hotel, Tarporley and consist of fertile pasture and arable land on the Peckforton Estate.

Sales particulars for all lots can be obtained from the agents and auction packs will be available to inspect at DTM’s offices, Archway House and at the agents during normal office hours in the 14 days prior to the auction.

DTM legal have experience in acting on both selling and buying land at auction and can provide you with advice throughout this process, so if you are thinking of selling or buying land at auction and require legal assistance please contact Thomas Pearson.

Wednesday, 30 June 2010

DTM in Pole Position


A team of Solicitors from DTM - Ed Barnes, Paul Edwards, Richard Manley and Matthew Robinson took first place at a corporate go-karting event held just outside Corwen.

The go-carting which lasted 2 ½ hours was a team based endurance event and DTM who took pole position in qualifying held on to the lead to take the chequered flag in first place.

The day was enjoyed by all and for a very worthy cause raising funds for Hope House Hospice.

Thanks to Gareth Parry and Gareth Williams of HSBC Commercial Banking at Ewloe for the invitation and hospitality.

Wednesday, 23 June 2010

DTM to sponsor Bolesworth Classic

After last years successful inaugural event, the Bolesworth Estate are preparing to host what is set to be a bigger and better Bolesworth Classic Showjumping and Country Fair 15th - 18th July in the grounds of the Bolesworth Estate.

DTM are pleased to be involved again this year as a sponsor and this year will be sponsoring a class on Friday 15 July - further details on the event can be found using this link.

Members of the DTM team and their guests will be looking forward to another great day of top-class showjumping in the grounds of the estate.

Wednesday, 16 June 2010

DTM team and guests perform well at Business Club Golf day

The annual Chester Business Club golf day took place last week at Chester Golf Club, Curzon park.

the event was well supported and will feature in Cheshire Life's August edition and raised money for charity with sponsorship from Villeroy & Boch and Robinsons the brewers.

The DTM team of Jim Morris, Thomas Pearson and their guests placed 3rd in the competition.

Wednesday, 26 May 2010

DTM join St Helens Chamber of Commerce

DTM have recently confirmed it's connection with St Helens and its surrounding area by joining its Chamber of Commerce.

DTM has a growing client base in the area and the DTM team has connections, both professionally and personally, with the area and the Chamber is a great way of confirming its commitment to those connections and signal an intent to further develop activity in the area.

The St Helens Chamber (http://www.sthelenschamber.com/) is recognised nationally (and internationally) as being one of the most active and energised Chambers in the country and DTM will work with the Chamber to further DTM's objective of establishing itself as a respected provider of Commercial Legal Services in the area.

Watch this space for regular udpdates on DTM's progress.

Sunday, 16 May 2010

DTM Support Football Aid


DTM corporate partners Ed Barnes and Tom Sutcliffe participated in a Charity Football Match hosted by Baker Tilly in support of Football Aid which raises money for various charities through football-related events.

This particular event saw Ed and Tom, along with DTM guests, Dave Furnival (RBS) and Phil Kurthausen (Bank of America) playing for a Liverpool side in the merseyside derby at Goodison Park. The day involved the full premiership match experience and for football fans like the "DTM foursome" it was indeed a dream come true (particularly for Phil who is a Toffee's Season Ticket Holder).

The match itself was a tense affair with nerves perhaps playing their part (or so Phil claimed) but it was not long before the DTM contingent made their mark, Sutcliffe outjumping all in a crowded penalty box to head home at the Gladys Street End. Shortly after, Barnes squandered a good chance but moments later made amends with a neat finish. Sutcliffe added another in an open second half but the game finally finished in a 6-all draw after the Reds conceded an equaliser deep in stoppage time. Both Furnival and Kurthausen also "contributed" to the result (or so they claimed in the aftermatch debrief).

All in all a great day for a very worthy cause. Thanks to Jill Jones at Baker Tilly for the invitation and hospitality.


Successful event at Porsche Garage

The Premier Network's inaugural event at Porsche Chester was very well attended and guests enjoyed champagne, canapes, a golf putting challenge and for those who fancied it a spin in the latest Porsche.


Photos of Thursday's successful event can be seen by clicking on this link.

Shropshire Chamber of Commerce Golf Day

Shrewsbury Golf Club was the venue for the first Chamber Golf day of the year.

Edward Barnes and Thomas Pearson of DTM Legal played in a fourball with Turner Peachey. The team score didn't trouble the winning team who managed to retain the title for the second year in a row.

Tuesday, 11 May 2010

Premier Network Group - Inaugural event: Thursday 13 May at Chester's prestigious Porsche garage

DTM Legal as one of the members of the newly formed Premier Network Group, with members from North Wales and the North West, is looking forward to being involved in the very first event when invited guests will be treated to a full packed night of entertainment with the chance to meet up with like minded people.

If you are interested in cars, fashion, golf, jewellery and networking then this is definitely the place to be.

Apart from being able to test drive a Porsche and learn how to get the perfect shine on your car, top Chester jewellers, Walton’s, will be showcasing some of its spectacular pieces and Felicity Hat Hire will be modelling the latest race day and wedding hats.

Top golf tips will also be available courtesy of North Wales Golf Club professional, Richard Bradbury, however, if you just want to relax then Mankind of Chester will be in attendance or why not try out the latest champagnes with the Clear Black Wine Company.

The first 50 guests will receive goody bags from Porsche and Network She and everyone will have the chance to win a great prize donated by Porsche Cheshire Oaks. The winner will spend a day at Silverstone race track where they will be coached by Porsches’ very own “The Stig”.

The event has been organised by the Premier Network Group which was set up earlier this year to bring together like minded business people. The companies involved in the group are: HSBC bank, Duncan Sheard Glass, DTM Legal, Network She, Clear Black Wine Company and PR&Print Solutions.

For more information please contact Sue Gallagher at spg@dsg.uk.com or telephone 0151 243 1230/01244 526030.

Property Forum write up is published


After last month's successful Place Northwest Property Forum, co-sponsored by DTM a summary of the key points has been published.

Please click on this link to be taken to the Place's website for further details

DTM become a patron of the Shropshire Chamber of Commerce

DTM Legal have become a patron of the Shropshire Chamber of Commerce.

With existing links to professionals and a good client base in the county, it demonstrates DTM's further commitment to being further involved in the Shropshire business community.

For more details on the Chamber please click here

Monday, 26 April 2010

DTM Sports Lawyer completes Sprint Tri

DTM Corporate Partner, Tom Sutcliffe, completed his first (and possibly last) triathlon this weekend. Although Tom has previously competed in duathlon's (bike and run) and running races, his lack of swimming ability meant that triathlon (swim, bike, run) was always considered beyond him.

However, Tom has never been one to reject a challenge and so when it was suggested to him (during a typically focussed and productive partners meeting) that triathlon was the ultimate fitness test, he had no hesitation in picking up some "speedo's" and signing up for some swimming lessons.

6 months later and Tom found himself at Chirk Triathlon on an un-seasonally warm April day. Chirk Tri is a "sprint" triathlon meaning the distances are shorter and are therefore suited to a novice. The 400m pool swim was predictably hard and Tom entered the first transition behind schedule. However, an average bike leg and a decent running performance meant a respectable finish and will allow Tom to retire from triathlon's gracefully.

Click below to see the full results:

Tom is a Partner in our Corporate Team and is also part of the DTM Sports Law team, acting for individuals and organisations involved in all aspects of the business of sport.

Saturday, 17 April 2010

Property Team prepare for next weeks forum

The Property Team at DTM Legal are preparing for next week's Place Northwest Cheshire West & North Wales Property Forum.

The forum includes a key note speaker and a panel debate to round off the day.

We anticipate that there will be some lively discussions on the future of property in the region and what challenges and opportunities we all face in the next few years.

For more details on the services that the Property Team can offer please contact Thomas Pearson

Monday, 12 April 2010

Place Northwest highlights promotion and DTM property team

Thomas Pearson a Partner at DTM and the firm's Property Team have been featured on the Place Northwest website.

For further details please click here

Saturday, 3 April 2010

Two new partners at DTM

Thomas Pearson and Tom Sutcliffe have been promoted to Partners at DTM Legal LLP.

Thomas heads up the firm's Property Team and specialises in commercial freehold with a particular expertise in property portfolio work, secured lending and landed estates work.

Tom works in the firm's Corporate Team and specialises in mergers and acquisitions in the care sector and he also has experience in sports law being a registered agent with the FA

Thursday, 1 April 2010

DTM to sponsor Queen in the Amphitheatre

DTM are pleased to sponser the second annual concert at Moreton Hall, to be hled on friday 2 July.

This year's "Queen in the Amphitheatre" will feature performances by the Moreton girls of classic queen hits together with a performance by Killer Queen, the world renowned Queen Tribute Band.

Tickets can be obtained from Moreton Hall, please contact Katy Tanner

Wednesday, 31 March 2010

Promotions announced at DTM

Paul Edwards an employment specialist and Sarika Sandhu an asset finance litigator at DTM legal have been promoted to the role of Associates.

Paul and Sarika are pleased with their appointments and are keen to develop their careers still further.

Monday, 29 March 2010

DTM sponsor - Cheshire West and North Wales Property Forum

Cheshire West and North Wales Property Forum will take place on 21 April and further details of the event can be found on the Place North West's website

The Forum will feature a keynote address from Andrew Teage, planning director at BDP, on major regeneration plans in the area, followed by round-table workshops on:

Social Housing
Rural Economy
Offices and Business Parks
Distribution
Retail


The event will conclude with a lively panel debate featuring experts and key players in the area.
Panellists will include:

Rita Waters, chief executive, Chester Renaissance
Cllr Mike Jones, leader of Cheshire West and Chester Council
Andrew Teage, BDP

Friday, 26 March 2010

DTM listed with the Association of Business Recovery Professionals

DTM Legal have been listed on the Association of Business Recovery Professionals website

The firm has a specialist team that deals with all matters related to Business Recovery which is headed up by Richard Thomas, a licensed insolvency practitioner.

Monday, 22 March 2010

Premiership matchday sponsorship by DTM - Everton 2 Bolton 0

DTM Legal were the matchday sponsors of Everton's 2-0 win over Bolton at the weekend.

Watch the video here.

Anna Duffy a partner at DTM and specialist in asset finance litigation presented the man of the match award to Mikel Arteta.

Friday, 19 March 2010

New Vice Chair of Chester Business Club Announced

As a recent exectutive meeting Julie Mogan, a partner at DTM who specialises in coporate work was elected as the next vice-chair of the Chester Business Club.


Julie is the first woman to hold this position in the Club's 24 year history.


DTM have always had a close relationship with the Business Club

Chester Business Club Dinner

DTM were sponsors of the recent Chester Business Club Dinner held at Chester Grosvenor, were the guest speaker Pete Waterman spoke to the 172 guests on his passion for trains, music and being able to make a difference with his successful apprenticeship scheme.

Edward Barnes of DTM proposed the vote of thanks.

Everton v Bolton - Saturday 20 March

DTM Legal are the match sponsors of this weekend's fixture at Goodison Park, where Everton play host to Bolton.

Please click here for the match preview

Friday, 12 February 2010

Points to consider on the expiry of a commercial lease – vacant possession

Most leases will contain an obligation requiring the tenant to return the premises with “vacant possession” at the end of the term.

There is a general misconception as to what this actually means in practical terms.

Technically, there must be no evidence of the tenant’s continued occupation once the lease comes to an end. In practice, this means that all of the tenant’s property should be removed; tables, chairs, computer cabling, racking and any alterations carried out during the term, irrespective of any perceived benefit such items may be to a future occupier.

As with all lease termination scenarios, it is always advisable to try and engage with the landlord and agree limits as to what will be removed and what will remain. Note that the landlord is under no obligation to enter into such discussions however, so its lack of co-operation is not a reason for not complying with the condition.

If vacant possession is not delivered, the costs incurred by the landlord in remedying the default can be added to any dilapidations claim (please refer to – Points to consider when terminating a commercial lease - dilapidations)

For further information please contact our Commercial Property Team

Wednesday, 27 January 2010

DTM Sports Law Team now recognised by the FA

Julie Mogan and Tom Sutcliffe have been recognised by the Football Association as “Registered Lawyers”. The registration entitles Julie and Tom to operate throughout the FA’s jurisdiction as football agents. Whilst there are no immediate plans to actively seek clients in transfer-related activity, the registration will allow DTM to offer the full range of services to its already existing professional footballer client base which will organically develop through word of mouth recommendations.

Tom himself previously played semi-professional football in the League of Wales and is now busy training his 4 year old son to one day play for Aston Villa! Julie, a lifelong Liverpool fan, is happy not to talk about football at the moment (for obvious reasons!).

Please contact Julie or Tom for further information

RFU recognition for Paul Edwards

Paul Edwards a member of our employment team has been authorised by the Rugby Football Union (RFU) to advise Rugby Clubs or Professional Rugby Players in relation to any approach concerning the transfer, employment or registration of any Professional Rugby Player with a Rugby Club (including negotiating on the terms).


Paul himself has played semi-professional rugby and has also represented Cheshire winning the County Championship Shield at Twickenham.


please contact Paul for further information

Tuesday, 26 January 2010

Further details provided on the inaugural Cheshire Creative Business Forum

How-Do's first annual Cheshire Creative Business Forum, which is co-sponsored by DTM Legal takes place on 25 February at Oulton Park

Further details on the event and information on the panel members and format can be found by clicking on the following link

Considerations on Redundancy and Redundancy Procedure.

1. Establish if there is a genuine redundancy situation.

2. Establish how many redundancies are to be proposed.

3. If applicable consider the appropriate pool(s) of employees and if selection from a pool or pools will be necessary.

4. If applicable establish a proposed list of objective selection criteria.

5. Compile a list of alternative vacancies across the business or group.

6. Hold a meeting (as a group) with all employees who are “at risk” of redundancy.

7. Follow up from the group meeting with a letter and if applicable include a copy of the proposed selection criteria.

8. If less than 20 redundancies are proposed hold first individual meetings.

9. If more than 20 redundancies are proposed hold elections of employee representatives and consult with employee representatives.

10. Score each potentially redundant using the selection criteria and scoring guidelines.

11. Send a detailed letter to those employees that have been provisionally selected for redundancy inviting them to a meeting.

12. Consult with each employee provisionally selected at risk of redundancy at a first individual meeting.

13. If necessary convene a further meeting with the employee if there are any changes or considerations/concerns on the scores or scoring process.

14. Convene a second individual meeting and assuming that circumstances have not changed and that alternative employment has not, to date, been found make a decision on the employee’s redundancy and potentially notify of dismissal.

15. Follow up the meeting with a letter confirming dismissal.

16. Right of Appeal.

These are general points to consider when faced with a redundancy scenario, for expert advice please contact our employment team

Friday, 22 January 2010

DTM announced as a sponser for the first annual Cheshire Creative Business Forum: 25 February

The event to be held at Oulton Park is being organised by How Do and will provide a platform for discussion and debate around how best to successfully grow and develop businesses in these testing times.

The event is targeted at business owners and directors within the county’s Creative, Media, Digital and Broadcasting sectors

As sponsors DTM Legal will be hosting the Legal IP table and specialists in this field from DTM will be on hand at the event to provide advice and their assistance to the round table discussions and panel debate that will follow.

For further details on the event please click here

Tuesday, 19 January 2010

Points to consider on the expiry of a commercial lease - dilapidations


Most leases will have a tenant obligation to keep premises in good and substantial repair and condition and to return them in that state at the end of the term.

This obligation is hardly ever complied with by tenants.

At the end of the term, there will inevitably be a battle over dilapidations (i.e. what is the cost to the landlord of putting the premises into the condition required by the lease?).

Landlords may not always be pro-active in seeking to agree a figure, tending to rely on their rights under the lease to claim dilapidations after the lease has come to an end.

This creates significant cost and budgeting uncertainty for the tenant, particularly where the termination of the existing lease coincides with a move to new premises.

Be pro-active:-
o Invite the landlord to submit a dilapidations assessment at least six months before the end of the lease.
o If not forthcoming, instruct a surveyor to assess the dilapidations cost on your behalf.
o Submit that assessment to the landlord, inviting it to agree the position and setting out a proposed timetable of works.
o If still no response, confirm to the landlord that you will carry out the works and, once the works are complete, invite the landlord again to approve them.

If the above steps are followed, the landlord is in a much weaker position legally, should it decide to submit a dilapidations claim after the end of the term.

For further advice on this or any Commercial Property query please contact our Commercial Property Team

Monday, 18 January 2010

DTM sponsor the Visit Chester & Cheshire 'At Home' event


DTM are sponsers of the Visit Chester & Cheshire 'At Home' event to held on 21 January 2010 at Visit Chester & Cheshire's officies





Friday, 15 January 2010

Employment expert joins DTM


DTM Legal continues to expand and are pleased to welcome Ian Tranter to their employment team as a full time consultant.


Ian's career to date has been Manchester-based with Hammonds and Pannone LLP.

Ian has a wealth of experience with expertise in:



  • corporate re-structuring, collective consultation, change management and TUPE transfers;



  • executive terminations and disputes;



  • advice to the public sector; and



  • the delivery of a comprehensive range of employment law-based training initiatives.


Julie Mogan a partner at DTM commenting on Ian's arrival says:

" We are very pleased to welcome Ian to our team at DTM. I worked with Ian in Manchester and know him to be a fantastic lawyer with a refreshing approach. Ian is one of the most highly regarded employment lawyers in the North-West and his arrival here is a coup for DTM."




Commercial Property Disputes – “The Green Shoots of Recovery"

Much has been made recently of the “green shoots of recovery”, but what does this mean for commercial landlords and tenants?


Many property disputes were “put on hold” due to the lack of available funds to pursue those disputes during the recent recession. Now may well be the time to revisit property disputes if those disputes were not resolved by consent between the parties.


Indeed, at the outset of the recent recession many landlords took a commercial approach, and elected to ignore breaches of covenant by tenants (including accept lower rent, or in some cases no rent) on the basis that it was preferable to have tenanted premises, receive some rent and to ensure that the tenant remained liable for commercial rates.


Now the economy is picking up, commercial landlords and tenants should now review the arrangements they made during the recession, and will need legal advice.
In particular, a commercial landlord who ignored a breach of covenant will require advice as to where they currently stand as, for example, they may have waived the right to end the tenancy as a result of that breach.


Similarly, commercial tenants who have previously breached the terms of their tenancies will require advice as to whether those past breaches of covenant remain actionable by their landlord.


At DTM legal, Raury Mason is a Solicitor specialist in resolving property disputes, and in particular advising commercial landlords and tenants.


Raury says: “Now is a great time to review property arrangements and to assess whether a dispute that was tolerated during the recent recession should be pursued. The parties will require legal advice as to whether they can still pursue the matter.”


Raury is available to discuss your property disputes on 01244 354 803.