On 6 May 2012, Karen Greaves walked 9 miles as part of the Bartlow Three Counties Walk.  Other members of her family were also encouraged dragged along to join in as well.  The Good Causes for which the walkers were stepping out this year were: Bartlow St Mary’s Church restoration, Linton Health Centre and Addenbrooke’s Hospital Dementia and Delerium Unit. 

On 19 May 2012, Deryn Coe, our private client consultant, did the Starshine Stroll for the Arthur Rank Hospice in Mill Road.  This 10 mile night walk around Cambridge was well-attended and it didn’t rain! No, really, it didn’t!  Usually attired most respectably, Deryn completed the course in just under two and a half hours, dressed in her pyjamas.  At least getting ready for bed afterwards wasn’t too challenging!

And finally, on 20 May 2012, Emma Freeman took part in the Ladies Driving Challenge in aid of The Firefighters Charity.  She drove a moonbuggy, a skip lorry (including having to load and unload the skip!) and, of course, a fire engine.  Despite it being very cold and windy out on Alconbury Airfield, and a suspicious lack of power steering equipment on many of the vehicles, over 80 women took part, dashing between 18-wheeler articulated lorries and quad bikes as quickly as possible to keep warm.  Emma even won a prize for raising the second highest amount of sponsorship money.  Blaze the Bear is sitting by her printer in his fireman’s uniform and helmet. Please say hello to him when you are next in the office.

It is not too late to contribute to any of the FdP ladies’ sponsorship funds should you wish, so please email enquiries@fdp.co.uk if you are interested in doing so.

The case concerned Deceit and Misrepresentation by company directors as to the company’s credit. This is being viewed as a definitive interpretation of Section 6 of Statute of Frauds (Amendment) Act 1828.

Several spoke of hiring ‘relationship managers’ after hearing how bad their banks’ relationships with their business customers had become.  Several appeared genuinely shocked at what they heard.

One businessman asked why the most experienced managers dealt with big business, leaving the less experienced to handle the new and small businesses.

FSB Regional Treasurer, Fowler de Pledge’s own Peter Martin, said he had encountered a business account overdraft being charged over 1,000 per cent interest and other spoke of terms and conditions being changed without warning or notification and of terms being cut without warning – in one case from 20 years to 3.

After a show of hands confirmed that more than half those present felt they had a poor relationship with their bank, James Howlett, HSBC’s area commercial director said “I’m genuinely sorry about that. Without customers, we’ve got nothing.”

http://www.buryfreepress.co.uk/news/business-news/bankers_pledge_to_bring_back_the_personal_touch_1_3436814

On January 24 2012, Barclays Beccles Branch appointed a new business manager to cover the Beccles, Bungay and Long Stratton area.

http://www.eadt.co.uk/business/waveney_valley_barclays_appoints_business_manager_1_1175644

The banking forum took place at Mundford, near Thetford, and was jointly chaired by Elizabeth Truss, MP for South West Norfolk, and David Ruffley, MP for Bury St Edmunds.

Fowler de Pledge’s own Peter Martin is Regional Treasurer of the Federation of Small Businesses.  He spoke of small businesses being squeezed until the pips squeaked and a mentality of “the computer says no”.

Treasury Minister, Chloe Smith, MP for North Norwich, said that the Government was trying to help small businesses with the rollout of its loan guarantee scheme, as well as through its new ‘business finance partnerships’, which cut out the banks completely and allow funds to pass directly from government to the businesses that need them.

The East Anglian Daily Times reported on this event, and the full story can be viewed here.

http://www.eadt.co.uk/business/banks_urged_to_ease_squeeze_on_firms_1_1177414

The Eastern Daily Press also covered the event, which also appeared in the Dereham Times; Eastern Daily Press; Norwich Evening News; Thetford and Brandon Times – and their report can be found here.  Although the photo used is the same, the words are different!  Honest!

http://www.edp24.co.uk/business/plea_to_banks_at_federation_of_small_businesses_summit_in_mundford_1_1177405

This blog has been sadly neglected in recent times, for which we apologise, but a new year is a good excuse for a new start and so we shall begin afresh. 

If you have any queries or comments, please do not hesitate to contact us at law@fdp.co.uk.

Red Sky provided a management system to Kingsway which it was said to be able to handle the obvious needs of a hotel, such as reservations, check-ins and invoices.  The system was apparently deficient in a number of ways including failing to show room availability.  That would seem to be a pretty fundamental thing for a hotel management computer system to provide, so unsurprisingly, Kingsway rejected the software as being of unsatisfactory quality and not fit for purpose and claimed damages for their losses arising from the business failings of the package. 

Red Sky’s standard terms and conditions had some very broad exclusion clauses, which basically said they were not liable for anything that the software did not do so long as the program, “in all material respects provide(s) the facilities and functions set out in the operating documents.” 

Issues for the court were in effect that the program that was written complied with the operating documents but that Kingsway had never seen the operating documents and in any event the package was rubbish.  The court noted that Red Sky had used terms that were originally drafted for an off the shelf software package.  Clearly, there is a world of difference between buying a bespoke system designed specifically for your business on the one hand and a package program from a computer shop.  The Judge found that the standard terms in the contract failed to reflect the reality of the transaction being undertaken here and that the exclusion clauses were not only inapplicable but also unreasonable. 

We see many IT contracts as we act for Parties on both sides of them and it is extraordinary how many IT providers still seem to think that a standard industry based terms and conditions is best for their individual business needs. 

Whether you are an IT company or contracting with an IT company, read the terms and conditions carefully and apply them to the specific business and the specific contract.  If the contract does not accurately reflect the basis on which the matter is based, then the contract needs to be changed.  The Kingsway case shows that exclusion clauses may not be reliable.

Details are emerging slowly as Mr de Pledge is reluctant to speak to the press and merely said he was happy that Johann was back in his rightful place and that he seemed unharmed by his ordeal.

Our sources have said, however, that a ransom of €500 disguised as a bar of Lindt chocolate was given in exchange for Johann’s safe return.

A note was delivered to the offices of Mr de Pledge this afternoon stating:-

Ransom Accepted

Johann may be found where Christmas doesn’t dare to go

But you had better be quick, his air supply is getting low….

 Mr de Pledge sprinted, we are told, on reading this darkly malicious note to the room of his former partner, Mr A Fowler (who has been unavailable for comment, but we are informed that Mr Fowler is apparently renowned for his Bah! Humbug! views on Christmas and the festive period, which seems to indicate that the kidnappers were not unknown to Fowler de Pledge, this writer suggests).  In that very room, in a large airtight plastic sack tied with pink legal tape was poor Johann.

 Both Mr de Pledge and Johann are said to be delighted with the outcome of events.

The prized souvenir lovingly purchased from the tackiest gift shop in all of Switzerland by Mr de Pledge, Johann Sebastian Gnome, was snatched recently in a daring kidnap raid. 

 Left in the place where Johann had bravely cheered on his foundering football team in the World Cup, was a chilling ransom demand and menacing photographic evidence of Johann’s predicament (see image above).  It read: -

 €500 or Johann gets it.

 Mr de Pledge’s initial remarks following this shock discovery were that he refused to deal with Gnome-nappers and resolutely denied that he would be paying any ransom.

 However, as the first 24 hours passed with hope dwindling for Johann’s rapid return or indeed any further contact from the kidnappers, Mr de Pledge was heard to say that he was looking to speak with his financial backers to secure payment of the ransom, despite advice from Interpol that the demand should not be met.  Mr de Pledge’s only concern, however, was to ensure the safe return of his beloved Johann.

 We await news of poor Johann’s plight and collectively dread the arrival of the Royal Mail delivery van every morning which may contain horrific evidence of Johann’s continuing imprisonment by person or persons unknown. The possibility of a package arriving containing a small ceramic Gnome ear or finger is almost too much to bear…

In May Paul and Peter went to the EAK AGM held in St Gallen Switzerland.  St Gallen is a small City about an hour from Zurich and the hospitality extended was wonderful.

St Gallen had its share of what one would expect to see in Switzerland such as Banks, Chocolate Shops (including the biggest Toblerone the writer has ever seen) cafes etc. but there were a number of curiosities which puzzled the writer on his first visit to Switzerland:-

1. No beautiful ice capped mountains in the vicinity.
2. No Lederhosen.
3. No yodelling.
4. There was hardly anything open from 5pm on Saturday night until Monday morning.
5. No-one seemed to have heard of Alpen.
6. The local food speciality (as described in an official guide) was Bratwurtz.
7. Some of the tackiest souvenirs known to man.

To prove the last point Johann Sebastian Gnome (see photo) was purchased and brought to England.   Clearly on the back of having acquired this extraordinary souvenir, Switzerland beat Spain (the ultimate winners) in the preliminary round of the World Cup.  This firm takes pride in recognising the calibre of the Swiss team at an early stage and we supported it in an albeit modest way. 

We very much enjoyed our visit to Switzerland but we must warn the reader that if you go on a Sunday; it is closed.

Membership gives us access, on behalf of clients who operate in Europe, to good local advice and in turn we have received from our European colleagues a number of excellent introductions where the legal advice is required in England by their clients.

The EAK AGMs have been held in various locations such as Bologna, Paris, Vienna, Munich and this year St. Gallen, Switzerland.  The 2005 AGM was hosted by this firm in Cambridge.  Our European friends particularly enjoyed the dinner in Magdalene College and the punting.

EAK welcome new members and would particularly benefit from members in the Northern England, Scotland, Wales and both Northern and Southern Ireland.