New Corporate Manslaughter Laws Apply to Driving at Work
New laws now in force mean companies could be convicted of corporate manslaughter if an employee is involved in a fatal road accident at work, employment law specialists at Bridge McFarland Solicitors have warned.

The Corporate Manslaughter and Corporate Homicide Act took effect on April 6, making it easier to prosecute firms for deaths caused by gross negligence, such as, a failure to ensure safe working practices.

Bridge McFarland is reminding employers that the new law applies across the range of business activities, including the way employees use the roads while on company business.

Employment law specialist Paul Hardy said employers should protect themselves by introducing a range of safeguards including making regular checks on employees’ licences and insurance documents, conducting driving-related risk assessments and offering extra training to workers where needed.

“Managers must take into account risk factors like a journey’s length and duration, the safety of a route and whether a driver is likely to be tired, stressed or inadequately trained,” he said. “All firms should also ensure they have robust policies aimed at ensuring that employees do not use mobile phones while driving.

“Case law over the past few years has made it clear that health and safety at work regulations apply to the roads and the new manslaughter law will make it easier to convict organisations where “gross management failings” lead to the death of an employee or member of the public.

“I would advise all organisations to take a cautious approach and put in place a coherent and manageable driver risk programme including written policies and a code of practice concerning work-related driving. While that will undoubtedly mean some initial costs and extra administration, companies may find that such an approach is cost-effective in the long run as it has been shown that effective management of work-related driving helps to reduce accidents and therefore repair costs and insurance claims.”

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Press release issued by Forest Communications for Bridge McFarland.
For further information, please call:
Richard Parnell of Bridge McFarland Solicitors on 01522 518888
Jonathan Saxelby of Forest Communications on 0115 962 2787 or 07733 386688

“Unlike solicitors, will writing firms are not regulated by the Law Society and some do not operate with indemnity insurance, which can cause great difficulties for the beneficiaries of an estate in recovering damages for negligence if, for instance, they are left with an unnecessarily large tax bill by a badly drafted will.

“Our strong view is that, without more legal safeguards, we will continue to see too many wills being poorly written by the unqualified or incompetent.”

The charity, Citizens Advice, also said this week that people should be wary of adverts and cold-calls promising cut-price wills and warned that people were being conned into parting with their cash for an inferior service.

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Press release issued by Forest News and Communications for Bridge McFarland.
For further information, please call:
Patrick Purves on 01507 605883. Email: pmp@bmcf.co.uk
Jonathan Saxelby of Forest Communications on 0115 962 2787 or 07733 386688

BITING BACK AGAINST POOR DENTAL TREATMENT
People who have received shoddy or sub-standard dental work should not have to keep their mouths closed and suffer in silence, according to clinical negligence specialists at Bridge McFarland Solicitors.

Patients who have had the wrong tooth pulled, a filling they did not require or who have suffered inadequate root canal or gum treatment have a right to be compensated for pain and suffering and for the costs of correcting any mistakes.

Bridge McFarland clinical negligence practitioner Stephen Lambert said: “Whether dental work is carried out under the NHS system or privately, people still have a right to a good standard of care. Where seriously sub-standard treatment has been provided, people can and should take action to have things put right and, where appropriate, to receive compensation.

“If the treatment was provided privately, then any claim will usually be against the dentist’s insurance company, whereas, for NHS work, the claim would usually be against the NHS rather than the individual dentist.

“As with all claims, claimants need to establish that the dentist owed them a duty of care and was not diligent in undertaking his or her duties. Dental negligence claims basically need to show that the dentist did not exercise the professional standards set by the British Dental Association and the Dental Practice Board.”

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Information:
Bridge McFarland is renowned for providing effective legal solutions to both the commercial and private client sector.

The firm has a strong reputation for niche expertise across a broad spectrum of legal services and is recognised for the quality of its service making it the obvious choice for thousands of clients on a regional, national and international basis.

Following major investment in technology that supports a modern approach to law, Bridge McFarland is committed to delivering a quality legal service designed around the specific requirements of their clients in a constructive, innovative and cost effective manner.

Bridge McFarland has offices in Grimsby, Hull, Lincoln, Louth, Mablethorpe, Market Rasen and Skegness.

Editors can contact Stephen Lambert on 01507 605883 or
Business Development Manager, Simon Oates on 01522 518888.

VICTIMS OF NEW SUPER BUG SHOULD SEEK ADVICE
The emergence of the pseudomonas aeruginosa super bug in our hospitals will cause great concern to all patients and their families, says Lincolnshire and Humber region law firm Bridge McFarland.

The firm, which has a large specialist clinical negligence practice and has represented many people who have suffered hospital-acquired infections, says victims should consider seeking early legal advice.

The bug is a major threat to people with weak immune systems or who are already suffering from diseases like cancer or diabetes, as well as to burn victims and people with in-dwelling catheters or on respirators.

Pseudomonas is resistant to many antibiotics and is one of the most difficult hospital-acquired infections to treat – surgery is sometimes required to remove infected or damaged tissue.

Solicitor Julie Everitt said: “Pseudomonas has long been recognised as a threat but, until recently, has received very little publicity.

“Unlike the MRSA and C.difficile bugs, hospitals are not required to report it to the Health Protection Agency so the 3,663 cases that were reported last year may be only the tip of the iceberg.

“Because pseudomas is commonly found in hospitals, many patients carry the bacterium without having a full-blown infection. Symptoms can include fever, chills and the production of pus in infected wounds.

“Pseudomonas infections can be spread within hospitals by cross infection transmitted from health care workers, from patient to patient or by touching medical equipment, sinks and toilets. The bug can even by carried in disinfectant solutions and contaminated food.

“The spread of pseudomonas aeruginosa in hospitals can be controlled by observing proper isolation procedures, aseptic techniques and careful cleaning and monitoring of respirators, catheters, and other instruments. Where this does not happen, patients are put at greater risk and it may be advisable for anyone who has picked up an infection of this kind in hospital to discuss their options with a specialist solicitor.”

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Information:
Bridge McFarland is renowned for providing effective legal solutions to both the commercial and private client sector.

The firm has a strong reputation for niche expertise across a broad spectrum of legal services and is recognised for the quality of its service making it the obvious choice for thousands of clients on a regional, national and international basis.

Following major investment in technology that supports a modern approach to law, Bridge McFarland is committed to delivering a quality legal service designed around the specific requirements of their clients in a constructive, innovative and cost effective manner.

Bridge McFarland has offices in Grimsby, Hull, Lincoln, Louth, Mablethorpe, Market Rasen and Skegness.

Editors can contact Julie Everitt or Business Development Manager, Simon Oates on
01522 518888.

ALL HOUSE SELLERS NOW NEED A HIP
House sellers have been reminded that all homes coming onto the market from today (Dec 14) now require a home information pack (HIP).

The roll-out of the HIP scheme means that the controversial packs must now be provided for smaller properties, including one and two-bedroom homes and studio flats, according to Lincolnshire and Humber region solicitors Bridge McFarland.

The packs were first introduced for properties with four or more bedrooms in August and extended to three-bedroom homes in September.

Bridge McFarland partner Stephen Oldridge, who heads the firm’s conveyancing department, said: “The packs reduce up-front costs for buyers and today’s extension of the scheme to smaller homes means first-time buyers will now be able to benefit.

“As we have said before, HIPs are here to stay whatever their pros and cons so it is essential that they are made to work as well as possible in the interests of both buyers and sellers,” he said. “Our experience so far is that buyers are not taking much notice of the information in the packs but this may change over time.

“Fortunately, fears that HIPs would cause delays in marketing properties have proved unfounded, as has concern that sellers could be charged as much as £1,000 per pack. The typical cost of a pack is between £300 and £400 and, until next June, people can market their property as soon as they have commissioned a HIP without having to wait for the pack to be completed.

“People should remember that HIPs are offered by both solicitors and estate agents and it is best to shop around for the best deal on price and quality of service. Buying an all-in-one deal to include the pack, the agent’s fees and the solicitor’s fees may be convenient for some but it could also turn out to be more expensive than buying the services separately. People should be particularly careful to check that the finished HIP belongs to them, not to their estate agent, or they could find themselves having to pay for another pack if they choose to switch agents.

“One and two bedroom properties put on the market before today (Dec 14) do not require a HIP for now but may in the future if they do not sell in time.”

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Press release issued by Forest Communications for Bridge McFarland.
For further information, please call:
Jonathan Saxelby of Forest Communications on 0115 962 2787 or 07733 386688

PARTY WARNING FOR EMPLOYERS
Employers organising Christmas parties over the next few weeks should follow some commonsense guidelines to ensure the welfare of staff and protect themselves in the event of any unfortunate incidents, according to Bridge McFarland Solicitors.

It was only last year that a case involving a Lincolnshire company made national head lines and highlighted once again the pitfalls that can lay in wait for employers at staff parties and social events, says the Lincolnshire and Humber region law firm.

Any corporate function at any time of the year has the potential to go wrong, especially if it involves alcohol, but boozy Christmas parties are perhaps the most likely of all to end in tears.

Bridge McFarland partner and head of employment law Richard Parnell said: “It’s hard to believe but one recent survey actually found that half of all office parties ended up with colleagues arguing or fighting, one in three with incidents of sexual harassment and one in five in accidents.

“Unfortunately, employers cannot simply draft a disclaimer that says employees attend a party at their own risk because the law sees such events as a normal work activity.

“However, no-one wants to be a kill-joy and people should not feel they have to cancel the office party just yet. The key to employers being able to relax and enjoy themselves on party day is to spend a few minutes making sure they can prove they have assessed potential risks and taken appropriate measures to reduce them.”

Mr Parnell said concerned employers should:

DRIVING WARNING OVER NEW MANSLAUGHTER LAW
New laws coming into force in April will mean that employers could be found guilty of corporate manslaughter or homicide if a worker is involved in a fatal road accident at work, according to employment law specialists at Bridge McFarland Solicitors.

Bridge McFarland says employers who want to protect themselves against being held responsible for the bad driving or mistakes of their workers will have to introduce a range of safeguards, including regular checks on employees’ licences and insurance documents, driving-related risk assessments and extra training where needed.

Richard Parnell, who head’s the firm’s employment law department, said the Corporate Manslaughter and Corporate Homicide Act 2007 would have far-reaching consequences for car use at work.

From April, bosses will have a duty to consider risk factors like a journey’s length and duration, the safety of a route and whether a driver is likely to be tired, stressed or inadequately trained.

“Case law over the past few years has made it clear that health and safety at work regulations apply to the roads and the new manslaughter law is intended to make it easier to convict organisations whose “gross management failings” lead to the death of an employee or member of the public,” said Mr Parnell.

“The consequence is that employers will have to take greater responsibility for how their employees drive and behave on the roads, as well as ensuring that all documentation is in order and that people are adequately insured. That applies not just to full-time drivers and people who drive company cars but to anyone who drives in the course of their work using their own car for any journey other than between home and their normal office.”

Mr Parnell said businesses should put in place written policies and procedures and a code of practice concerning work-related driving.

“It will mean more administration and bureaucracy but I would advise all organisations to take the cautious approach and put in place a coherent and manageable driver risk programme,” he said.

“I know of at least one large organisation that recently checked employees’ driving documents and found that many were not properly insured to use their cars at work. Under the new legislation, taking an employee’s word that he has passed his driving test, has a current licence and is properly insured could prove very costly for an employer unless proper checks are also put in place to ensure that that is really the case.

“The good news for employers is that taking an active role in managing risk in work-related driving has been shown to help reduce accidents and therefore insurance claims and costs.”

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Press release issued by Forest Communications for Bridge McFarland.
For further information, please call:
Richard Parnell of Bridge McFarland Solicitors on 01522 518888
Jonathan Saxelby of Forest Communications on 0115 962 2787 or 07733 386688

CASE HIGHLIGHTS IMPORTANCE OF FOLIC ACID FOR MUMS TO BE
A Lincolnshire mother has won an important legal case that highlights how essential it is for women to take folic acid before they try to conceive, as well as during pregnancy.

Helped by Lincolnshire and Humber region solicitors Bridge McFarland, Jill Fox, who lives in Bardney, won compensation totalling £30,000 from a GP in her former home town of Stockport.

He had failed to advise her to take folic acid as a dietary supplement, even though she had told him of her plans to conceive.

Mrs Fox became pregnant but, during a routine 20-week ultrasound scan in 2001, her baby was discovered to have anencephaly, or severe underdevelopment of the brain.

Mrs Fox felt unable to have the pregnancy terminated but the baby girl, named Rachael, died at birth at 34 weeks. Mrs Fox suffered years of anguish and was later diagnosed as suffering from post traumatic stress.

Experts consulted by Bridge McFarland later said it was “more likely than not” that the anencephaly would have been prevented if Mrs Fox had taken folic acid supplements. The case was settled shortly before trial last year, although discussions about costs are still continuing. Mrs Fox only now feels strong enough to talk about the case.

Studies have shown that women who take 400 micrograms (0.4 milligrams) of folic acid a day prior to conception and during early pregnancy significantly reduce the risk that their baby will develop a serious neural tube defect like anencephaly or spina bifida.

Folic acid is a vitamin and occurs naturally in vegetables such as spinach, sprouts, broccoli, green beans, and potatoes. Some bread and breakfast cereals are also fortified with folic acid but the Department of Health recommends that women should take a daily supplement of 0.4mg while they’re trying to conceive and for the first 12 weeks of pregnancy, when the baby’s spine is developing.

Mrs Fox, who has five other children, had taken folic acid during previous pregnancies but was not fully made aware of its importance.

Lorraine Wilkinson, who is head of Bridge McFarland’s clinical negligence department in Hull, said: “Jill won substantial damages for the pain and distress she suffered but nothing can really compensate her for the loss of her baby and the case was never really about money for her. She is very keen that what happened to her helps to raise awareness of the need for women who are trying to become pregnant to take folic acid.

“We hope that the case will also remind doctors and GPs of their duty to recommend folic acid supplements to women who wish to conceive.”

Mrs Fox said the death of her baby daughter had led to years of depression and meant she became unable to cope with everyday tasks, despite the strong support of her husband, Kevin.

She said: “From discovering that Rachael had anencephaly at 20 weeks into the pregnancy, we had to prepare both for her birth and her death, even making arrangements for her funeral while I could feel her moving and kicking inside me.

“Rachael died just as she was born and I never got to hold her, which was devastating. I dropped into a deeper and deeper depression and, partly as therapy, I began to research anencephaly and its causes and I came to realise that Rachael’s death could have been avoided.

“Bringing the legal action was horrendous but there was no other way to show that the doctor had not acted properly and, more importantly, to highlight just how important it is to take folic acid, not only in the first few weeks of pregnancy but before conception.”

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Press release issued by Forest Communications for Bridge McFarland.
For further information, please call:
Jonathan Ilott of Forest News on 0115 962 2787 or 07733 386688
Lorraine Wilkinson on 01482 320620 or email: low@bmcf.co.uk

COMPANIES ACT - COUNTDOWN TO REFORM
The biggest changes to company law and administration for a generation will be happening over the next year and it is essential that the region’s businesses are ready to take advantage of the reforms as they come into force, according to Lincolnshire and Humber region law firm Bridge McFarland.

The Companies Act 2006 was passed by Parliament last year but most of its measures will only take effect in three stages starting from October 1, with the entire Act being in place by October next year.

Charlotte Holingsworth

Bridge McFarland commercial lawyer Charlotte Hollingsworth said: “It’s estimated that the reforms could save businesses up to £250 million a year by cutting red tape and unnecessary regulation so it is important that companies in Lincolnshire and the Humber region take full advantage where possible. To do that, they need to have a clear idea of what the reforms are and when exactly they come into force.

“The reforms should eventually make life easier for most businesses but there are also bound to be short-term difficulties for some companies as the changes take effect so managers should do what they can to prepare and plan.”

For public companies, the reforms are introducing measures including a clearer statement of directors’ duties; greater use of electronic communications for shareholders and improved rules for company names, as well as the option for directors of filing a service address on the public record.

Changes for smaller, private companies are more comprehensive and include a simpler model set of Articles of Association; a separate, comprehensive code of accounting and reporting requirements; the removal of the need to have a company secretary or to hold an annual general meeting and simpler rules on share capital.

In summary, the provisions relating to the rights of indirect investors and most of the provisions relating to directors’ general duties will take effect from October this year.

However, the parts of the Act that deal with accounts and reports, audit and statutory auditors will only come into force in April 2008, while the provisions relating to directors’ duties in cases of conflict of interest duties will not take effect until October next year, giving companies the opportunity to change their articles of association in advance.

Timetable:
Here is a brief summary of the implementation timetable:
October 1, 2007 – provisions relating to exercise of members’ rights, directors’ general duties, derivative claims and proceedings by members, resolutions and meetings, control of political donations and expenditure, contents of directors’ report: business review, fraudulent trading and protection of members against unfair prejudice.

April 6, 2008 – provisions relating to company secretaries, accounts and reports other than section 417; most audit provisions, debentures, private and public companies, certification and transfer of securities, distributions, arrangements and reconstructions, mergers and divisions of public companies and statutory auditors.

October 1, 2008 – provisions affecting company formation, a company's constitution, a company's capacity and related matters, company name and registered office, re-registration as a means of altering a company’s status, a company’s members, directors' conflict of interest duties, directors’ residential addresses and underage and natural directors, share capital; acquisition by a limited company of its own shares’ annual returns, company charges, dissolution and restoration to the register, UK companies not formed under the Companies Acts and overseas companies.

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Press release issued by Forest Communications for Bridge McFarland.
For further information, please call:
Charlotte Hollingsworth on 01507 605883
Jonathan Ilott of Forest Communications on 0115 962 2787 or 07733 386688

MORE SELLERS TO NEED HOME INFORMATION PACKS
People with three-bedroom homes who are thinking of selling their properties should act quickly if they want to avoid having to pay for new Home Information Packs, according to Lincolnshire and Humber region solicitors Bridge McFarland.

The controversial packs – commonly known as HIPs – were introduced for houses with four or more bedrooms on August 1 and the Government has decided to extend the requirement to three-bedroom homes from September 10.

Bridge McFarland partner and commercial and property lawyer Stephen Oldridge said: “It appears that HIPs are here to stay and, despite widespread opposition, the Government has now announced that the scheme will be extended to include three-bedroom homes.

“While four-bedroom homes make up just 17 per cent of the market, including three bedroom homes in the scheme means that up to two thirds of houses will need HIPs when they are sold. That amounts to nearly 1.25 million properties every year.

“There are some advantages to HIPs but there are also many disadvantages, not least that they increase the cost of moving house. Although property searches may be available earlier in the buying process, it is questionable whether HIPs will do much to improve things overall.

“It’s clear, therefore, that people who are planning to put a three-bedroom house on the market in the near future should do it now if they want to avoid the requirement to have a HIP.”

Despite speculation that house sellers could be charged as much as £1,000 for a home information pack, Mr Oldridge said he expected prices to be around £350. HIPs will be offered by both solicitors and estate agents.

“People should shop around for the best deal on price and quality of service but remember to compare like with like,” he said. “Some agents will be offering the HIP as part of an all-in-one deal including the price of the pack, the agent’s fees and the solicitor’s fees. That will be convenient for some house sellers but it may also be more expensive than buying the services separately. It could also mean having to sign up to use a firm of solicitors that you would not otherwise have chosen.

“People should also be careful to check that the finished HIP belongs to them, not the agent – otherwise they may find themselves having to pay for another pack if they choose to switch agents.”

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Press release issued by Forest Communications for Bridge McFarland.
For further information, please call:
Stephen Oldridge on 01472 311711
Jonathan Ilott of Forest Communications on 0115 962 2787 or 07733 386688

LAST CHANCE TO GRANT ENDURING POWERS
People have only a few weeks left to take advantage of a simple, cost-effective legal arrangement that allows them to choose loved-ones to help them should they become unable to manage their own affairs.

Lincolnshire and Humber region solicitors Bridge McFarland say clients have been coming to them “in droves” to set up Enduring Powers of Attorney (EPAs) before a new law takes effect on October 1.

The Mental Capacity Act, which is bringing in a potentially more flexible but considerably more costly system of Lasting Powers of Attorney, was originally due to come into force in April but was delayed for administrative reasons, giving people a short extra window of opportunity to make an EPA.

Patrick Purves

Bridge McFarland partner Patrick Purves said: “When a person loses the mental ability to manage his or her own affairs due to old age, accident or illness, it follows that the person can no longer sign cheques, sell a house, or make agreements or other arrangements for their own welfare.

“If there is no Enduring Power of Attorney in place, it can cost considerable time and £1,000 or more to get a receivership order from the Court of Protection, plus hundreds of pounds and more hours every year on accounts and returns .

“An EPA, on the other hand, costs about £180 to set up and allows people to choose exactly who they would like to help them manage their financial affairs. A single application to register the EPA is all that is required should mental capacity be lost.”

Mr Purves added that new the new lasting powers of attorney (LPAs) being introduced after October 1 would differ from EPAs in several important ways including:

• Lasting powers will be more complex and therefore very much more costly;
• They will come in two separate forms - personal welfare, covering things like medical care, and financial. People will be able to choose either or both;
• To take effect, LPAs will have to be registered at the Public Guardianship Office, involving a court fee, delay and further legal costs;

“It should also be remembered that a great many aspects of the new Lasting Powers of Attorney have yet to be worked out in detail so the law may be subject to change,” said Mr Purves. “They may suit some people very well because of their greater scope but I’m afraid that many more will find the cost beyond their reach.

“Our advice is, if in any doubt, act now and make an Enduring Power of Attorney, whatever your age and state of health.”

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NOTE TO EDITORS: Bridge McFarland has 21 Partners and 200 staff with offices in Grimsby, Hull, Lincoln, Louth, Mablethorpe, Market Rasenand Skegness. The firm provides effective legal solutions to thousands of clients regionally, nationally and internationally.

Press release issued by Forest Communications for Bridge McFarland.
For further information, please call:
Patrick Purves on 01507 605883
Jonathan Ilott of Forest Communications on 0115 962 2787 or 07733 386688

BUSINESSES RISKING SMOKE BAN FINES
A leading law firm in the region has warned that thousands of businesses may be risking fines and bad publicity by not complying with new anti-smoking laws.

The laws took effect on July 1 but, despite a large-scale information campaign, a significant number of business owners and managers may not yet be aware of their responsibilities, say Lincolnshire and Humber region solicitors Bridge McFarland.

Bridge McFarland commercial lawyer Charlotte Hollingsworth said: “By law, all businesses and employers must now display no smoking signs that meet minimum criteria for size and wording but, when I walked along a mixed street of shops and businesses this week, I noticed that up to half did not appear to be displaying proper signage.

“Of course, that may not be a representative sample but it certainly appears to reinforce the warning we gave before the ban took effect that many people are not fully aware of their obligations.

“Some of the businesses and shops that were not displaying signs may have had ‘no smoking’ policies in place for years but that does not exempt them from having to display the new signage. Business owners and managers should remember that, at the very least, having proper anti-smoking policies and signs in place will protect them from potentially heavy fines should a member of the public or employee happen to be caught lighting up on their premises.”

Under the new regulations, employers must take reasonable steps to ensure all staff are aware of the ban and no smoking is allowed inside.

Businesses that ignore or flout the new signage laws face on-the-spot fines of £200 from local authority inspectors or fines of up to £1,000 if prosecuted through the courts. Failing to prevent smoking in a smoke-free place carries a fine of up to £2,500 for the person responsible for managing or controlling the premises or vehicle.

Bridge McFarland has 21 partners and 200 staff with offices in Grimsby, Hull, Lincoln, Louth, Mablethorpe, Market Rasenand Skegness. The firm has hundreds of business and commercial clients throughout Lincolnshire and the Humber region.

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Press release issued by Forest Communications for Bridge McFarland.
For further information, please call:
Jonathan Ilott of Forest Communications on 0115 962 2787 or 07733 386688

PREPARE NOW FOR SMOKE BAN

Charlotte Hollingsworth

Businesses in Lincolnshire and the Humber region need to act urgently to ensure that they will comply fully with new anti-smoking laws due to come into force on July 1, according to leading regional law firm Bridge McFarland.

While most people are probably aware that a ban on smoking in enclosed public places takes effect at the beginning of next month, new research has shown that many people and businesses still do not realise what their exact responsibilities and obligations will be.

For example, many business owners and managers still do not know that they must by law display “No Smoking” signs at the entrances of shops and offices and, in particular, that all signs must meet minimum criteria for size and wording.

“In other words, even businesses that have had a ‘no smoking’ policy in place for years may find that they are breaking the law after July 1 unless they have updated their signage,” said Bridge McFarland solicitor Charlotte Hollingsworth.

“Likewise, it is not universally appreciated that the new law applies not only to all vehicles that are used to transport members of the public but to company vehicles that are used by more than one person or member of staff, whether or not they are in the car at the same time.”

Under the new regulations, employers must take reasonable steps to ensure all staff are aware of the ban. Staff smoking rooms and indoor smoking areas will no longer be allowed and anyone who wants to smoke must go outside.

Businesses that ignore or flout the new signage laws face on-the-spot fines of £200 from local authority inspectors or fines of up to £1,000 if prosecuted through the courts. People who are caught smoking in smoke-free premises or work vehicles could be fined £50 on the spot or £200 if convicted by a court.

However, failing to prevent smoking in a smoke-free place carries the biggest potential fine - a maximum £2,500 imposed on whoever is responsible for managing or controlling the premises or vehicle.

Miss Hollingsworth added: “The Government’s approach will be seen by some as heavy-handed because businesses that have had long-standing anti-smoking policies in place could still find themselves unwittingly breaking the law.

“Although implementation of the new laws will depend very much on the attitudes of individual local authorities, we would advise all our business clients to make sure that they are displaying no smoking signs that fit the new criteria and have policies in place to deal with any transgressions. That, in itself, should act as a defence if inspectors subsequently catch employees or customers smoking on their premises.”

Bridge McFarland has 21 partners and 200 staff with offices in Grimsby, Hull, Lincoln, Louth, Mablethorpe, Market Rasenand Skegness.

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Press release issued by Forest Communications for Bridge McFarland.
For further information, please call:
Jonathan Ilott of Forest Communications on 0115 962 2787 or 07733 386688

DON’T BE CAUGHT RED-HANDED AT THIS YEAR’S SHOW
Farmers intending to transport exhibits to this year’s Lincolnshire Show have been warned to think twice before using farm vehicles fuelled by red diesel.

People using red diesel on the roads risk prosecution and heavy penalties if the journey is found to be for non-agricultural purposes.

Law firm Bridge McFarland, which has a large agricultural practice in the region, has warned that transporting exhibits to the show may not be seen as “agricultural use”.

The firm’s rural affairs consultant, Peter Geldart, said: “On the face of it, what could be more agricultural than a county agricultural show, particularly as Lincolnshire Show retains a strong farming flavour?

“However, HM Revenue and Customs appears to be taking a different view in some cases. A Road Fuel Testing Unit was operating at Grange de Lings during last year’s show and came down heavily on a number of exhibitors who were found to be using vehicles filled with red diesel to move their exhibits to and from the show.

“When challenged, the revenue declared that delivering and removing exhibits to and from an agricultural show was not an agricultural activity. However illogical this interpretation, exhibitors should be aware that the penalties for illegal use of red diesel are £250 for each event in each vehicle, plus the value of the rebated duty. More seriously, the offending vehicles could be seized and forfeited.” 

Under the Hydrocarbon Oil Duties Act 1979, the use of red diesel in motors on a public highway is only allowed by certain exempt vehicles and for agricultural use.

A spokesman for HM Revenue and Customs said: “The rules surrounding what does and does not constitute an agricultural use are very complicated and it might come down to the cargo being carried. If people are in doubt, we would advise them to check first with our national advice service on 0845 010 9000.”

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Press release issued by Forest Communications for Bridge McFarland.
For further information, please call:
Peter Geldart on 01636 636171
Jonathan Ilott of Forest Communications on 0115 962 2787 or 07733 386688