Cumbria Expansion Supports NFU Members

www.napthens.co.uk SPRING 2016 ruralTHE NEWSLETTER OF NAPTHENS’ RURAL: DEPARTMENTlaw ISSUE NINETEEN Napthens’ Rural team has expanded to Kendal Cumbria expansion supports NFU members Napthens’ Rural team has announced a major expansion to further support agricultural clients in Cumbria. Napthens has unveiled a new office will further support clients including Alexander Sykes, Diane France James Todhunter added: in Kendal, to operate in addition to NFU members in the area. and James Stocker, spends “Napthens already has a fantastic its North Cumbrian office in Penrith, significant time working in Cumbria client base in Cumbria so the and which will act as a base for He explained: “Our existing office already. The office will also be platform is strong to take the growth in the south of the county. in Penrith is doing a great job home to a number of specialists offering much further. supporting NFU members and from other departments including The office will be led by new other sections of the agricultural the Litigation, Employment, “Clients and the professional appointment James Todhunter, business community in Cumbria. Residential Conveyancing, market alike have told us that who joins from Lloyds Bank Commercial Property and Wills & there is a need in the region for a Commercial as Napthens’ Head “As we built our client base in the Estate Planning teams. proactive, full service law firm so of Cumbria. To ensure that the region, it became clear we needed I will be very proud to be leading Rural team has capacity it has also to expand our offering in Cumbria, “Farmers and other sections of Napthens’ expansion and future recently appointed Diane France. and the new office in Kendal will the agricultural community will success in the area.” provide a great location for advising have access to a full range of Napthens is NFU panel firm for those in the south of the county. legal services for businesses and The new office opened in Lancashire and Cumbria, and individuals from our new office January 2016. Andrew Holden, Head of Rural at “The core Rural team, consisting in Kendal, as well as our existing the firm, said the announcement of Andrew Holden, Melissa Taylor, Penrith office. Hazardous trees - who is to blame: See page 2 Welcome Hazardous trees – who is to blame if something awful happens? Andrew Holden Do you have trees on your land? Are they in places where people might pass close by? Have you inspected these trees – and if so, have you I write following several wet months and the recent done anything with the results? floods that have had such an impact to the industry all over our region. If you need any help or support in these difficult times with any issue, please pick up the phone. We are happy to help our farming clients with any issue including tasks such as completing insurance claims forms. It really is great to see the rural community Trees can cause potential problems for landowners pulling together in these difficult times. On a more positive note As an occupier of property, The occupier of the land on which • The magnitude of the hazard – you will see that Napthens whether as owner or tenant, you it stands is likely to be liable in law how big is the tree which has further expanded into have a responsibility to exercise a for the damage or personal injury if might fall? Cumbria with our Kendal duty of care to others who come a tree is: office opening. This has also on to that land – invited or not. • The probability of such a led to the appointment of Trees can pose a serious threat of • unsafe because of decay failure occurring. You will need Diane who you will see is injury or death. If you have trees, or structural weakness knowledge of different tree introduced in more detail especially elderly trees on your species, site factors, the impact later on. land, think about the risks they • the signs of this are of different types of defect. might pose – and take advice. apparent, and Diane is from a farming It is possible to recognise signs of background herself and Why trees are important • property is damaged or weakness without training but if is a great addition to the to consider somebody is hurt or killed you don’t have the skills, and the team. She will be assisting by the tree. value and hazard are high, you will me in dealing with property Trees have many values – be expected by the courts to have transactions in Lancashire environmental, landscape, habitat, This liability stems from a duty of taken professional advice and the surrounds. timber. But if those trees are on care that the occupier has towards and followed it. land that is accessible to the public people who enter the land, whether Finally, you will see the or adjacent to a public right-of- invited or trespassing. In Summary comments on our link-up way and are suffering from certain with the Farmers Guardian. mechanical defects, they represent Reducing the risks Trees will always fall down and As always we still offer a free a hazard. shed branches, but if you have initial consultation for all our Where there is a duty of care you taken professional advice where clients, so if you have any Bits can fall off or trees fall over need to take reasonable steps needed and done what you can to issue at all no matter how and people (including yourself) to understand the nature of the assess risks and minimise them, big or small, feel free to give can get hurt or killed. Occupiers of hazard and the risks posed. then if an accident does happen it me or one of the Napthens’ land must be aware of tree-related Do a risk assessment on: won’t be your fault. team a call. dangers and understand the need to inspect trees to identify if any • The value of whatever is Contact: remedial action is required. judged to be at risk and the Contact: [email protected] likelihood of it being harmed if [email protected] 01254 686216 the tree fails 01768 807045 2 rural:law SPRING 2016 www.napthens.co.uk Landowners face ‘unlimited fine’ for conservation area damage Landowners must be aware of an increase to the penalty for breaching an act designed to protect important conservation areas. Status as a Site of Special fine will affect decisions made by Scientific Interest (SSSI) grants landowners when purchasing or Currently there are around legal protection to areas of land planning on land which borders 1,400 sites in England. under The Wildlife and Countryside an SSSI. Act of 1981. He said: “It’s important for Specifically, Section 28 of the act landowners to be fully aware of advises it is an offence for a person the changes to the law before to ‘interfere with or cause damage undertaking any work that may to’ an SSSI, without permission have an impact on an SSSI. If an from Natural England, the offence is committed, it could end statutory body. up being very expensive for the landowner. Previously, the maximum fine for breaking these rules was £20,000. “The fine could vary depending While this limit remains for cases on the area of land related to a settled in a magistrates court, if particular offence, so it’s vital to cases now go to a crown court, seek legal advice before making the landowner involved could face any decisions which could lead to an unlimited fine. a breach of the act.” Currently there are around 1,400 sites in England. Contact: [email protected] Penalties for putting conservation areas Warwick Alabaster, solicitor in the 01253 832382 at risk have increased Litigation team, says the revised Meet the team Diane France, Rural Business solicitor I joined Napthens’ Rural team I am delighted to have joined the Prior to joining Napthens, I studied in October 2015 as a solicitor Rural department as this is an Law at Lancaster University specialising in property matters. area of law that lies close to my and then completed the Bar at heart, having been brought up on a Manchester Metropolitan University I advise clients on legal issues farm in Chipping. I am still actively where I qualified as a barrister. involving the sale and purchase of involved in the farm, helping Thereafter I trained at Keoghs in properties and land, easements, my parents out where possible, Bolton and cross qualified as a licenses, farm business tenancies especially at lambing time when solicitor specialising in commercial and finances. I work on all help is needed most. matters involving property, debts stages of a case from the initial and disputes. conversation to assess a client’s Napthens is also the firm that needs and gathering of detailed originally attracted me to the legal I am now enjoying meeting our Diane France instructions, right through to sector after undertaking work many clients – the long-standing completion. experience with them when I was as well as the new - and assisting at secondary school. them wherever possible. Contact: [email protected] 01254 686207 www.napthens.co.uk SPRING 2016 rural:law 3 David Hall appointed new NFU North West regional director Saddleworth-based sheep farmer David Hall is the next NFU North West regional director. store lambs. Twenty suckler cows Throughout his career David I have maintained my farming from a neighbouring farm are also has built good relationships activity throughout my career – this summer grazed at Cherry Clough.

Load more