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

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

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

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

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

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:

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



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  executive terminations and disputes;

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  advice to the public sector; and



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  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.