The Power Lunch Club

Event with CEO of Quality Scotland, Dave Bradley, Edinburgh, February 2nd 2012

gordon — Thu, 02 Feb 2012 19:52:07 +0000

The Times they are a’ changin’

gordon — Tue, 31 Jan 2012 15:57:13 +0000

Alistair McLean, Director of Acumen

The Times they are a’ changin’

Not just the Times, but the Scotsman, The Press & Journal and The Courier.

Newspapers everywhere are under greater pressure than ever before to come up with the answer to how they can survive in 2012 and beyond. As they face a blitz attack of competing communications channels from Twitter to Facebook, the position of traditional newspapers is under threat, so it is not a light-hearted matter – far from it – and is one which has an impact upon everyone in business.

This January alone we have witnessed different tactics being adopted by three of Scotland’s main dailies. The Scotsman announced it is making a full digital version of the newspaper available via its newly launched iPad app, while both the Courier and the P&J have shifted from broadsheet format to compact in a bid to revitalise the product.

The reason for such moves is an attempt to maintain income flows and/or arrest the decline in circulation figures which have been steadily spiralling downwards, in the main due to the numbers of people turning to the proliferation of new online sources to get their information.

Those who see this as ‘market forces’ may believe it is a natural progression or ‘survival of the fittest’, and that the digital revolution will simply see new and different means of us getting our daily information fix. Quicker, cheaper, easier. Mobile info, when I want it.

This is to miss a key point; content is the key and it must be allied to a quality, reliable source. Digital delivery does have several benefits but the proliferation of self-appointed blogging experts (and I do see the irony of using this means to express my views) is no substitute for the trustworthiness gained over decades that is inherent in our most important newspapers.

It may seem odd to say that at a time when the phone hacking scandals are still having severe repercussions (and rightly so) but I believe that the publications serving Scotland’s business community have, overall, a tremendous record of delivering good quality information. Scotland’s business journalists are informed, they are integrated into the business community and they have built up justifiable reputations as good analysts who write coherently and effectively on a wide range of topics.

My concern is that we have entered an era where anyone with a PC or smart phone can become ‘an instant expert’. Bloggers, tweeters, posters all have the power to deliver their views to a wide audience, but lack the accountability (and, mostly, the experience) that mark out the Scottish media as a vital cog in the nation’s business infrastructure. Quality information from reliable sources is what we need.

Worryingly, there is a real risk that some of these important publications could disappear – to me, this is an appalling prospect. Too many people are being seduced by the belief that, somehow, the means to Tweet one’s thoughts in 140 characters is the 21^st century equivalent of the Gutenberg printing press.

I do not want to know what “Jim from Arbroath” or “Susie from Kilwinning” think (BBC Breakfast – take note). I want to read the reporting – and views – of someone who has, through their ability and hard work, achieved a position on a business desk and who, through continuing effort and acquired knowledge, delivers quality copy on a regular basis within a system of editorial checks and balances.

Scottish businesses need quality journalism and we must support it however we can – we risk losing it at our peril.

Alistair McLean, Director, Acumen PR

a.mclean@acumen-pr.com

Purple Feather’s viral video nominated for TED award

gordon — Mon, 30 Jan 2012 14:47:57 +0000

Andrea Gardner, Managing Director of Purple Feather

PLC member, Purple Feather’s viral video, The Power of Words is nominated in TED’s (www.ted.com) AD’s Worth Spreading challenge. If you haven’t seen the video yet, click below to find view it, and see for yourself why it was nominated.

http://www.youtube.com/watch?v=Hzgzim5m7oU

David Calder takes on role as Scottish producer for the satellite channel, Al Jazeera and signs deal with Scottish Hockey

gordon — Mon, 30 Jan 2012 13:29:03 +0000

David Calder, Director of BitwebTV

BITWeb.tv has been developing new strands of business. Not only is it offering a new video marketing service to professionals (called Visible Professionals), it’s also offering a communications consultancy service as well. We’ve just signed a contract with Scottish Hockey to advise them on how best to use new technologies to communicate with their grassroots.

We’ve also been working with a major construction company, helping it to write its tender documents in a way which will help it win more business. The market has become much more competitive and therefore any tender has to be able to stand out from that competition.

David Calder has also recently taken on a role as Scottish producer for the satellite channel, Al Jazeera; as well as continuing to produce articles and videos for the Scottish online newspaper, the Caledonian Mercury.

www.bitweb.tv

Liquorice Media

gordon — Wed, 25 Jan 2012 15:31:07 +0000

Susan Christie, Co-Founder and Director

My Experience:

I am a former administrator and marketeer at Andersen with 20 years of high-level account handling experience, chiefly in the media sector.

What Drives Me:

I believe passionately in my clients: it’s all about developing good working relationships, understanding the product or service and our clients’ ethos and truly believing what we are communicating to journalists. It’s also about added value: my clients all know that they can speak to me pretty much twenty four seven.

What Inspires Me:

Exceeding our clients’ expectations and winning them new business by enhancing their media profile.

What is it we do for our clients:

Liquorice Media is a leading public relations consultancy that produces and places all sorts of copy for all sorts of clients across all sorts of media for all sorts of reasons.

Background:

Liquorice Media has extensive media contacts and a successful track record of matching clientele with the journalists best placed and best able to tell a particular story for maximum impact. In addition to providing editorial content, it manages everything from arranging exclusive face-to-face interviews with senior journalists, organising press conferences, photo shoots and handling media coverage for major corporate and consumer events. Liquorice Media places media stories on behalf of its clients within local, national and international media.

An effective media relations campaign blends the qualities of practical and professional creativity with efficient and timely account administration. The Liquorice Media team has unrivalled experience and aims to raise media profiles for its clients on a consistent basis amongsttheir targeted audiences.

Liquorice Media

gordon — Wed, 25 Jan 2012 15:22:14 +0000

Graham Lironi, Co-founder and Director

My Experience:

I am an economics and marketing graduate, published author and former business magazine editor with more than 20 years experience in journalism and public relations.

What Drives Me:

The desire to develop and manage our clients’ media profiles through the provision of professional media campaigns that generate new business.

What Inspires Me:

Our clients’ many success stories – whether winning major deals, announcing record profits, opening new ventures or taking over competitors – just a sample of some oftheinspirational achievements I havetheprivilege to help communicate ontheir behalf.

What is it we do for our clients:

Liquorice Media is a leading public relations consultancy that produces and places all sorts of copy for all sorts of clients across all sorts of media for all sorts of reasons.

Background:

Another Significant Case Win For Simpson & Marwick’s Employment Law Team

gordon — Tue, 24 Jan 2012 17:02:26 +0000

Sandy Kemp, Partner at Simpson and Marwick

The Employment Appeal Tribunal has today issued a decision in a case on the powers of the Employment Tribunal to order production of documents and information, which is of particular interest to all companies who have parent companies outside the UK. The case is Weatherford v Forbes.

Partner Sandy Kemp, Head of the Employment Law Team and Solicitor Advocate, appeared for the successful Appellants, who are the Respondents in the Claim. Every one of the arguments made for the clients was accepted by the Judge.

The case involved an investigation in the United States by the parent company of a UK employer, in which US attorneys interviewed some of the UK staff. The Claimant sought the notes of those interviews, and further particulars regarding matters, which the Employment Tribunal granted. The Claimant had made claims of constructive dismissal, whistleblowing and race discrimination. The Respondents appealed, and the appeal has been allowed. This is an area of the law on which there had been little if any direct prior authority. The EAT decided that:

The Employment Judge did not have the power under the Rules to order documents to be produced which were situated outside Great Britain.
The Employment Judge’s powers were essentially those of a Sheriff to order documents, and a Sheriff could not order documents to be produced which were outwith Scotland.
The power of the Employment Judge could only extend beyond that to Great Britain.There was no basis to order the documents they were not in the possession or control of the party against whom the Order was made, the UK subsidiary.
US law required to be applied as the appropriate choice of law. An expert Opinion confirmed that the documents were not recoverable under that law by reason of their being privileged.
If Scots law did however apply, the documents were covered by legal professional privilege.
Separately, the documents were also covered by the Scots law concept of post litem motam, broadly equivalent to litigation privilege in England.
There had been no waiver of the privilege in the circumstances, legal professional privilege being an extremely important protection so that waiver is not easily established.

For the same reasons, an Order for information was also revoked.

Full details of the case can be viewed via the attached link: http://www.employmentappeals.gov.uk/Public/Upload/EATS.0038.11.BIFINAL.doc

Ends

Notes to Editors:

Further enquiries and requests to interview should be directed to Jennifer Campbell 0n 0131 525 8684 or Jennifer.campbell@simpmar.com

Professional. Approachable. Exceptional.

Simpson & Marwick is a specialist award-winning legal provider serving clients throughout Scotland and the UK. Our teams focus on the areas of dispute resolution, family law, employment law and property. We are renowned for our excellence in advocacy and mediation, and our solicitor advocates and trained mediators support client needs in many practice areas. Our professionals have the in depth experience to assist large corporate companies with their employment and litigation needs, and individual clients with the full range of private client services. We have offices in Aberdeen, Edinburgh, Dundee, Glasgow, London and Newcastle, and residential property outlets in Aberdeen, Edinburgh and North Berwick. Across all our legal specialisms, and to all clients, we guarantee a consistently high standard of service. We are professional. We are approachable, and we offer exceptional legal services at exceptionally good value for money.

Capital Allowances – Take Advantage Before Changes on 6 April 2012

gordon — Mon, 23 Jan 2012 15:00:56 +0000

Alistair Armstrong, Partner at The A9 Partnership

Changes which take effect on 6^th April 2012 (1 April 2012 for companies) could have a serious impact on the amount of Annual Investment Allowance (AIA) available on expenditure on plant and machinery, computers and office equipment. The AIA provides 100% relief for the first £100,000 of qualifying expenditure. It is set to reduce to £25,000 from April 2012.

This reduction in the allowance will reduce the amount of tax relief available, however the transitional rules will have a more significant reduction where the accounting period straddles 5^th April 2012, which is best illustrated by example,

If you have an accounting period of 30^th April 2012 the maximum AIA will be £94,876, being £93,169 to 5^th April 2012 and £1,707 between 6^th and 30^th April 2012. Therefore if you spend say £25,000 in March 2012 you will receive 100% allowance, where as £25,000 spent after 5^th April 2012 will be £1,707 plus 18% of £23,293 =£4,193. For a 40% taxpayer the tax saving is £10,000 compared with £1,677.

If you are considering capital expenditure in the next 12 months it is worth incurring the expenditure prior to 5^th April 2012.

The writing down allowance is reducing from 20% to 18% from 6^th April 2012. Also the allowances on certain cars and integral fixtures is reducing from 10% to 8%.

Care should be taken and our advice sought in advance of any significant purchase as timing is extremely important in order to maximise entitlement to AIA.

http://www.a9partnership.co.uk/news-item.php?param=21

Interpreting Articles of Association: The Cream Case Rises Again

gordon — Mon, 23 Jan 2012 14:42:39 +0000

Ralph Riddiough, partner at bto solicitors

This case concerns the interpretation of the articles of association of Cream Holdings Limited, the company that runs the Cream nightclub in Liverpool.

When Stuart Davenport was removed as a director of that company in August 2004, this triggered a share transfer process in the company’s articles of association: Mr Davenport was deemed to have offered his shares for sale to the other shareholders.

But at what price?

The articles provided that the price would be an agreed price or, failing agreement, a “fair value” determined by an independent third party accountant chosen by the parties. If the parties could not choose an accountant within a set time limit, the accountant would be chosen by the President of the Institute of Chartered Accountants.

A price could not be agreed and so a suitable firm of accountants was chosen by the parties to establish the fair value.

What was not agreed upon, however, were the terms of engagement of that firm, and Mr Davenport refused to sign the firm’s letter of engagement. After some delay, the accountants were persuaded to carry out the valuation on the basis that they had been “chosen” by the parties in terms of the articles. A fair value was established but rejected by Mr Davenport who raised court proceedings to prevent the share transfer going through.

The result

The judge decided that both the company and Mr Davenport had to sign the letter of engagement. The word “chosen” implied that a process had to be followed that would result in a firm agreeing to act. A necessary stage in this process was that both parties had to agree to the terms of that appointment. Accordingly, the fair value had not been established because an accountant had not been chosen in accordance with the articles.

The first appeal

The company appealed, successfully. One of its arguments was that Mr Davenport was acting unreasonably in refusing to sign the letter of engagement. The company persuaded the court that the articles of association contained an implied term that Mr Davenport had to:

co-operate in doing everything reasonably necessary
to procure the appointment of a suitable accountant

and further, had to refrain from:

unreasonably refusing to agree the accountant’s terms of engagement
provided those terms were reasonable.

Having implied this term into the articles of association, the court held that Mr Davenport had been in breach of the relevant provisions and, accordingly, the accountant had been properly “chosen” by the parties.

The second appeal

Mr Davenport then appealed. He argued that he had not acted unreasonably in refusing to sign the letter of engagement as the company had refused to provide to him certain information that he had requested of it to enable him to assess for himself the value of his shares.

The court did not agree with this argument. The relevant provisions of the articles were designed to result in an appointment of an accountant in the event the parties failed to agree a price for the shares: the provisions said nothing about a shareholder being entitled to particular information to enable him to agree a price in the first place.

Conclusion

The first appeal judgement shows that the courts, in appropriate circumstances, are prepared to imply terms requiring the parties to act reasonably, where that is necessary to enable an agreed process to be implemented properly.

The second appeal judgement shows that the courts will not imply detailed obligations into such provisions: if the intention is that a shareholder should be entitled to certain information in particular circumstances, the articles of association need to state this explicitly.

For further information please contact Ralph Riddiough.

www.bto.co.uk

Event with CEO of Entrepreneurial Exchange, John Anderson. Glasgow, January 19th 2012

gordon — Thu, 19 Jan 2012 22:41:03 +0000