Bennett Griffin Blog

Lifting the Corporate Veil

By Mark Diamond, Solicitor

Q: When is limited liability not limited liability?

The above question almost sounds like the start of a joke, except it’s not and, as Bennett Griffin has recently proved in the Court of Appeal, the consequences are no laughing matter.

What started as our client’s debt claim for £1,800 back in 2005 had by April 2011 escalated to the Court of Appeal with a director of the debtor company at risk of a legal bill in excess of £100,000.

For Bennett Griffin’s client, the story is a happy one; they recovered their legal costs and they were justified in following our advice to pursue the director in question for what would otherwise have been a costs bill swallowed up in the liquidation of the debtor company. And for company directors, the story is a worthwhile reminder of their duties and obligations to the company.

In this case, when Bennett Griffin raised questions as to a particular director’s discharge of his duties and obligations in relation to the conduct of the litigation that followed our client’s debt claim, he was found wanting and his actions caused the Court of Appeal to find that he should be personally liable for the bill of costs the debtor company could not pay.

Primarily, the case is a good result for our client. But for the firm, the outcome, which will no doubt be followed as a precedent for future claims of this type, is a reflection of the dedication shown by Darren Edwards, Peter Bennett and Mark Diamond of the firm’s Company and Commercial Department throughout the case.

A: When the person seeking to rely on the limited liability acts without proper and expert advice.

If you have any questions on dispute resolution or the duties of directors, please do not hesitate to contact a member of our Company and Commercial Department on 01903 706 950.

Bennett Griffin Doing Something Funny for Money: BG Sports Day

On Friday 18 March, Bennett Griffin LLP will be celebrating Red Nose Day 2011 by holding a sports day to raise buckets of cash for Comic Relief!

Members of staff, including the senior Partners, from three of our offices will battle it out on the sports field and the office that demonstrates the most sports prowess will be presented with the Cup of Champions! 

This sports day extravaganza will take place on the village green in Ferring at 1pm.

Come lunchtime on Friday 18 March, our staff will transform into characters from the wild west as we don country and western or farmer fancy dress outfits all in the name of charity!  We’ll be participating in all the traditional sports day events, including the egg and spoon and three-legged races.  We’ll invite friends, family and colleagues to show their support by taking part in a number of themed events, such as ‘lasso the bull’ and ‘the horse race’, all to raise big bucks for a great cause.  There will also be plenty of cakes on sale to energise our athletes and raise more money for Comic Relief!

All the money we raise will go to help transform lives across the UK and Africa.

At last year’s event, the Ferring office raced to victory, but there were some unfounded accusations from the other offices about Peter Bennett gluing his egg to his spoon!  This year, Peter, who recently won the Lifetime Achievement in Business Award at the Worthing Business Awards, will be participating in the Partners’ Race…which may hold some surprises for the Partners!!

For more information please contact Miss Jo Ostrom on 01903 706963 or jos@bennett-griffin.co.uk

A President in our Midst!

Bennett Griffin are proud to announce that our Managing Partner, Stephen Hollamby, has been elected as President of the Worthing Law Society.

Born in 1958, Stephen began his legal career in the Magistrates Court as a Court Clerk.  Stephen went on to study at the College of Law in Chester and qualified as a solicitor in 1987.  Stephen joined Bennett Griffin in 1990 and was made Managing Partner in 2004.  He specialises in Intellectual Property, Corporate Crime, Adoption and Special Guardianship applications.  He is also a member of the Law Society Children Panel and represents children in often very complex court proceedings.

Stephen is a supporter of Southampton FC and has great memories of winning the FA Cup in 1976.  He also follows the England football team at home and abroad. 

Stephen has been a member of Worthing Law Society for over 20 years.  Founded in 1920, the Worthing Law Society is a professional organisation that represents and supports solicitors who practice in the local area.  There are approximately 160 members who support the Society by attending events, meetings and educational courses, which are offered to all members.

Socially, the Worthing Law Society has close links with local estate agents, bankers and doctors through the annual golf days and the medico legal dinner.  The Society holds an annual quiz, the proceeds of which are used to support local charities such as St Barnabas, Chestnut Tree House, Worthing Churches Homeless Project and the Solicitors Benevolent Fund.

At the Annual General Meeting of the Society, held at the Town Hall on Wednesday 9th February, members applauded as Stephen Hollamby was presented with the Presidential chain by the former President, Patricia Woolgar.  Stephen congratulated Patricia for her fantastic year in office and then turned his attention to his goals for the forthcoming year.

Speaking of his election, Stephen said “it is an honour and a privilege to take on this role for the next 12 months, during which there will be great change for solicitors.  I will be working hard to ensure that members of Worthing Law Society are made aware of the changes and challenges that will be brought about by the Legal Services Act, which comes into force in October and will radically change the legal landscape.  I will also ensure the Worthing Law Society continues its drive to make the general public aware of the advantages of instructing their local solicitor rather than using the internet or non regulated bodies to deal with their important and sensitive lifetime planning, like Wills, Lasting Powers of Attorney, and house moves.  It is very important for society as a whole that solicitors’ firms continue as an integral part of local communities.”

We know that Stephen will make a fantastic President, and we wish him well for his term in office.