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MARCH 2014 ISSUE 24 JERSEY S BUSINESS MAGAZINE IT S ALL IN THE DELIVERY Saving shopping in Jersey VIEW ONLINE AT BAILIWICKEXPRESS.COM LIFE COMES FIRST Top finance pro is back at work after cancer PLEASE TAKE ONE Gap analysis Does Jersey have a skilful economy READ THE FULL INTERVIEW ON PAGE 12 London City Airport Get closer Arrive closer to where you need to be with up to 14 DLR trains per hour you re just minutes from Canary Wharf the City and beyond. DLR Tube O2 Arena 10 mins Canary Wharf 12 mins The Shard 19 mins Bank 22 mins 5 miles 49 No hidden charges From Waterloo 23 mins Westminster 25 mins 10 miles Terms and conditions apply. Where great business minds meet THE ALL NEW SIROCCO AT THE ROYAL YACHT FOR TH E DIS CERNING CLIE NT WIT H GRE AT TAST E TO BOOK YOUR TABLE PLEASE CALL 720511 W W W.T H E R O YA LYA C H T. C O M T E L 0 1 5 3 4 7 2 0 5 1 1 WELCOME FURTHER INFORMATION PUBLISHERS If you would like to appear in Connect have a story to tell or simply want to receive a copy then please get in touch with the publishers Bailiwick Publishing (LCI) Fox Building Second Floor Suite La Rue des Pres St. Saviour JE1 3UP Telephone 01534 887740 CONNECT ONLINE For all the latest news and classifieds straight to your inbox visit www.bailiwickexpress.com and subscribe to our daily news service. EDITOR James Filleul Email editor bailiwickpublishing.com WRITERS Ben Qu r e Email ben bailiwickpublishing.com Gwyn Garfield Bennett Email gwyn bailiwickpublishing.com Paula Thelwell Email paula bailiwickpublishing.com ADVERTISING Katrina De Jesus Telephone 01534 887740 Email katrina bailiwickpublishing.com SUBSCRIPTIONS Email subscriptions bailiwickpublishing.com DESIGN AND PRODUCTION Mark Jackson Email studio bailiwickpublishing.com Artwork under 10Mb in size may be sent to this address. 2014 looks like it s going to be a numbers game. We ve started the year with a net annual immigration limit of 325 people (which we last bettered in 2004) and at least a couple of thousand people unemployed. Those two numbers are certain to come up time and again in the ultimate numbers game the States elections which take place in the autumn. Immigration and its knock-on effect on school places hospital services house prices and jobs will be found more frequently in candidates manifestos than hollow statements like We must support our tourism industry or I oppose taxes . In this issue of Connect we ask if actually the skills people have are more important than the simple number of them coming in On page 12 you ll find two local recruitment specialists who believe that the Island has jobs to fill but not the people to fill them despite the number of people registered as unemployed. Describing cancer as a numbers game would be deeply onedimensional but the statistics both for contracting cancer and for surviving it are an important part of the story you ll find on page 34. Rob Kirkby is a well-known figure in the local financial services industry and in this issue he details the inspirational story of his fight through bowel cancer in his late-thirties. It s a story about MARCH 2014 ISSUE 24 JERSEY S BUSINESS MAGAZINE IT S ALL IN THE DELIVERY Saving shopping BAILIWICKEXPRESS. COM in Jersey MARCH S ISSUE VIEW ONLINE AT Top finance pro is back at work after cancer LIFE COMES FIRS T PLEASE TAKE ONE Gap analysis Does Jersey have a skilful economy READ THE FULL INTE RVIEW ON PAGE 34 Arrive closer to where you need to be with up to 14 DLR trains per hour you re just minutes from Canary Wharf the City and beyond. London City Airport Get closer DLR Tube 5 miles 49 No hidden charges From Westminster 25 mins 10 miles O2 Arena 10 mins Canary Wharf 12 mins The Shard 19 mins Bank 22 mins Waterloo 23 mins Terms and conditions apply. family friendships and investing time in those around you. Finally from the perspective of retailers whichever way you look at the numbers the picture is a tough one. We have an increasing population but fewer people shopping in St Helier a lower sales tax rate than the UK or France but higher than you commonly find online. The problem is obvious the solution less so. On page 26 a retail marketing expert looks at it from a communications point of view and concludes it s all in the delivery. Connect exists to tell your stories if you have ideas for features please do e-mail them to editor bailiwickpublishing.com. This magazine can also be read online at www.bailiwickexpress.com Copyright Bailiwick Publishing LCI. All rights reserved. Reproduction in whole or in part without written permission is strictly prohibited. Views expressed by our contributors are their own. Editorial opinions expressed in this magazine are not necessarily those of Bailiwick Publishing. Bailiwick Publishing does not accept responsibility for the advertising content. While every effort is made to achieve total accuracy Bailiwick Publishing cannot be held responsible for any errors or omissions. James Filleul Editor Please recycle this magazine. Like Bailiwick Express on Facebook Follow us on twitter connectjersey www.bailiwickexpress.com MARCH CONNECT 1 ON THE COVER SPECIAL REPORT Tighter controls on immigration are promised by the Council of Ministers what will that mean for recruitment in the financial services sector which drives the Island s economy Will companies be able to recruit more widely from the thousands of unemployed people who are living in the Island already ................................... 12 REGULARS LOCAL NEWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 APPOINTMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 NEXT QUESTION Luke Smith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 TECHNOLOGY Julian Box . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 UNPLUGGED Gary Duncan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 SLIDING DOORS Rob Kirkby. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 WHO S THE FOOL ................................... 12 4 48 20 10 40 NO ORDINARY DAY JOB Rebecca Morley-Kirk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 iSPY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 GLASS HALF FULL Bill O Neill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 HERE S THE THING... MY SECRET LIFE Myra Shacklady . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 DEADLY DIARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 THE ADVISER Olaf Blakeley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 ................................ 50 FEATURES JT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SKIPTON INTERNATIONAL . . . . . . . . . . . . . . . . . . . . . . . . . . 20 61 2 CONNECT MARCH www.bailiwickexpress.com CONTENTS 28 42 CONTENTS MARCH 2014. ISSUE 24. 38 52 34 WANT THE LATEST BUSINESS NEWS TO COME TO YOU Scan the QR code and click to send us your email address. www.bailiwickexpress.com MARCH CONNECT 3 NEWS Want this magazine delivered to your home or office Visit www.bailiwickexpress.com to subscribe International Finance Centre of the Year - again Jersey has been judged the International Financial Centre of the Year in the Citywealth IFC Awards for the second consecutive year. Now in its third year the Citywealth IFC Awards were established to highlight the expertise and service excellence in major finance centres. The awards were hosted by events and publishing group Citywealth and were judged by an international panel of highly respected practitioners from all sectors. Geoff Cook CEO of Jersey Finance said highlighting Jersey s service quality and regulation through awards such as the Citywealth IFC of the Year was important in distinguishing the Island s position as a leading international finance centre on the global stage. Having won the award for the second consecutive year further contributes to an impressive 12 months for Jersey s international finance industry he said. In the last 12 months Jersey has been judged BestoffshoreCentreattheGlobalInvestor ISFAwards 2013 BestinClassforFundServices attheInternationalFund & Product Awards 2013 InternationalFinancialCentreoftheYearattheinaugural Wealthbriefing European Awards 2013 InternationalFinancialCentreoftheYearattheCitywealth International Financial Centre Awards 2013 BestFundServiceCentreatInvestmentWeek sFund Services Awards 2013. Hospital redevelopment boost for Jersey businesses The multi-million pound nine-year project to redevelop Jersey s hospital will provide genuine opportunities for Island businesses and professionals. The encouraging news came from Jersey Hospital s new Managing Director Helen O Shea who said local firms would be encouraged to become involved. Mrs O Shea was the guest speaker at the Institute of Directors lunch where she outlined why the development was sorely needed to cater for Jersey s ageing population to address the condition of some of the current buildings and to provide affordable and sustainable healthcare for the future. The 297 million project which will provide a two-site hospital at Gloucester Street and Overdale (the future Westmount Health Centre) is currently at the stage of procuring a financial legal and technical advisory team. The contractor will be awarded by December 2015 and the first build at Overdale will start in 2016. The hospital will be finished by 2023. Concern was raised at the lunch over whether the funding for one of the biggest capital builds Jersey s has ever seen is ring-fenced. The States have signed up to the nine-year timescale and the money will be found from the Strategic Reserve and released when it is needed Mrs O Shea responded. RBC wins Euromoney awards RBC Wealth Management has been recognised as having the Best Private Banking Services Overall in Jersey by Euromoney. The global banking publication also placed the business in first place in 13 further categories including trust services - for the fifth year running- inheritance and succession planning - for third year in a row and offshore services for the second consecutive year. The Euromoney Private Banking and Wealth Management Survey is regarded as one of the leading rankings for the global wealth management industry and its results are based primarily on a peer ranking methodology. Stuart Rutledge CEO RBC Wealth Management British Isles and Caribbean said This industry recognition is indicative of the client-led approach that we have placed at the heart of our business over the past half-century in Jersey. Prestigious awards like these aren t won by chance but by continued hard work and ongoing commitment from our professionals towards serving our clients. 4 CONNECT MARCH www.bailiwickexpress.com ENGAGE THE RBC EXECUTIVE SERVICES TEAM AT RBC.COM EXECSERVICES The value of investments may fall as well as rise. You may not get back the full amount that you originally invested. What you ve accomplished isn t just about making your money last. It s about making a lasting difference for the people and causes you care about. Your RBC wealth manager has the global expertise and tools at their disposal to help you devise the right plan to achieve both. Learn more about how our approach extends legacies at RBCWEALTHMANAGEMENT.COM JERSEY ENGAGE THE RBC EXECUTIVE SERVICES TEAM AT RBC.COM EXECSERVICES TM There s Wealth in Our Approach. The value of investments may fall as well as rise. You may not get back the full amount that you originally invested. BANKING CREDIT INVESTMENTS TRUST TAX CONSULTANCY CUSTODY FUNDS EMPLOYEE BENEFITS RBC Wealth Management is the global wealth business of Royal Bank of Canada and affiliates. TM Trademark(s) of Royal Bank of Canada. Used under licence. Above mentioned services are offered through Royal Bank of Canada or its affiliates. This advertisement does not constitute an offer of products or services to any person in any jurisdiction to whom it is unlawful for RBC Wealth Management to make such an offer. CA Nov 14 970 NEWS For news stories every day visit www.bailiwickexpress.com to sign up to our daily email news service Jersey Heritage reports successful 30th anniversary year Jersey Heritage s 30th anniversary drew more visitors including Islanders to the historic monuments entrusted to its care by the States. Total visits to heritage sites in 2013 including Mont Orgueil and Elizabeth Castle La Hougue Bie and Jersey Museum - rose to 175 000 an increase of almost 3% on the previous year. This figure includes a 10% rise in the number of local visitors resulting from a successful member recruitment campaign. At the end of the year membership stood at 9 000 while more than 15 000 children had visited heritage sites outside school hours. The Director of Jersey Heritage Jon Carter said having some very strong results in 2013 the organisation had set ambitious - but realistic financial and operational objectives for this year. The Jersey Heritage team and our heritage partners the National Trust for Jersey and the Soci t Jersiaise have worked together in 2013 to bring our Island history to life in innovative ways and to reach a wider audience driving engagement and helping to build a better contextual understanding of our past and present. We know that to maintain momentum we have to invest in our product and service and we will be doing that in 2014 to ensure that we are delivering value for public money and innovative experiences that will continue to engage and enthrall our audience. Top of the pubs A Jersey pub group has been nominated for two categories in the Publican Awards. The Liberation Group which runs 44 pubs in Jersey has been put forward for Best Managed Pub Company and Best Tenanted and Leased Pub Company after a judging process involving assessments mystery shopper reports and HQ visits. Liberation Group chief executive Mark Crowther said that they had their fingers crossed for a result when the awards are presented at the ceremony on Tuesday 25 March at London s Grosvenor House Hotel on Park Lane. He said The awards are extremely well respected within the industry and the fact that we ve reached the final once again is testament to the hard work of the team and the quality of our product. We ve worked hard to get to this stage and I m pleased with how our final presentations went so it s just a case of waiting for the results to be announced now. The Liberation Group has won several awards in recent years but mainly for brewing last year they scooped Bronze National Honours at the International Beer Challenge for bottled Liberation Ale won a gold medal for the second consecutive year at the International Brewing Industry Awards for Liberation Ale and achieved a bronze in the Dark Beer category at the International Brewing Awards. 6 CONNECT MARCH www.bailiwickexpress.com Investment Outcome Making New Friends Bahamas N26 3 41 W77 20 59 Where will your investments take you Your world isn t confined to a single set of geographic coordinates. Neither should your investments be. We search the globe to find outstanding investment ideas wherever they happen to be. Contact us to learn about the wealth management services we offer. 44 (0)1534 708090 canaccordgenuity.com Investments can fall in value and you might get back less than you invested. To us there are no foreign markets.TM Canaccord Genuity Wealth Management is a trading name of Canaccord Genuity Wealth (International) Limited ( CGWI ) which is licensed and regulated by the Guernsey Financial Services Commission the Isle of Man Financial Supervision Commission and the Jersey Financial Services Commission and is a member of the London Stock Exchange and the Channel Islands Securities Exchange. CGWI is registered in Guernsey no. 22761 and is a wholly owned subsidiary of Canaccord Genuity Group Inc. Registered office 2 Grange Place The Grange St. Peter Port Guernsey GY1 2QA. NEWS Follow us on Twitter connectjersey Planning publish health check findings Jersey s new planning appeals process has been praised in an independent review carried out by the Planning Officers Society for England and Wales. department s online planning system and the progress made towards the pre-application service. This is the second time that members of the society have been to the Island and reviewed planning practice. The first review was in 2010 and this latest report highlights the progress made in improving Jersey s planning service in the past three years and has made a number of comments and recommendations. The findings of this latest health check for the planning system in the Island can be found on the States website www.gov. je statesreports Planning Minister Rob Duhamel said This second health check has recognised the important strides we have made in improving planning performance protocols and information technology and its recommendations will form a useful basis to develop and evolve our planning practice over the next three years. As part of its appraisal the society also reviewed previous reports to measure the department s performance against recommendations made. The reviewers concluded that the majority of the main recommendations of the 2005 Shepley review of planning the 2010 Planning Improvement programme and the 2010 Reg s Skips Committee of Inquiry have been put in place and that substantial improvements have been made over the last eight years. The society also commended the Innovation fund four to progress Jersey s new Innovation Fund is taking four applications forward from an initial group of 14. Economic Development Minister Alan Maclean who has responsibility for fund said he was very pleased with the initial response. The Board which has considerable experience is meeting on a regular basis to maintain progress. I am looking forward to receiving the Board s first recommendations he said. The Board is responsible for making sure the assessment and due diligence stages are completed before making a recommendation to the Minister for Economic Development to approve the application. Aaron Chatterley nonexecutive director said it was early days for the Jersey Innovation Fund (JIF) but the board was very pleased with the initial response. The board is progressing four applications through the next more detailed phase of review and assessment. I do appreciate the commercial pressures the applicants are facing and the need for prompt recommendations. But the board has to make sure the agreed process is followed the appropriate level of assessment and due diligence are completed before we can progress any of the applications. The four applications include both early-stage start-up and established businesses. Acquisition and appointment for Rosscot Local chartered accountancy firm Rosscot has strengthened its position with the acquisition of Valeur Accountancy Limited. The transaction is a strategic move principally to enhance the firm s expertise in both UK and Jersey taxation. In addition to the acquisition Andy Bougourd joins Rosscot as a director and brings a wealth of experience to the business and in-depth knowledge of both Jersey and UK taxation. A qualified Chartered Certified accountant and Chartered Tax Advisor he was called to the Bar. Rosscot now benefits from the combined expertise of six directors Colin Taylor Duncan Stuart Sean O Flaherty Kevin Bates Tim Brown and Mr Bougourd who regularly advise on the full complement of traditional accounting tools as well as handling complex matters on behalf of clients. Mr O Flaherty said The acquisition affirms our commitment to deliver superior service to our expanding client base. We have grown as a company but our philosophy remains the same which is to be the accountancy practice of choice by providing a personal professional and quality service. We are proud to be a locally owned business serving efficiently and intelligently and we look forward to propelling the company further to the benefit of both our clients and our team. 8 CONNECT MARCH www.bailiwickexpress.com The JT Cloud. Where will it take your business JT s Cloud Service offers the first Enterprise grade cloud platform in the Channel Islands backed by a world class vendor with international reach. With access to your business critical data anytime and from anywhere our new Cloud Service comes with the high security trust performance and dynamic agility that our customers have come to expect. JT is the only Channel Island based service provider with 120 years of local and international experience that truly offers a complete fully managed suite of world class products and services. We re so confident about our Cloud Services we ll let you try it for FREE. Contact our Business Solutions team today to sign up. T 44 1534 882345 E business.solutions jtglobal.com W www.jtglobal.com cloud APPOINTMENTS Find the latest jobs online at www.bailiwickexpress.com New director at Moore Stephens Financial Management Moore Stephens Financial Management has strengthened its senior management team with the promotion of Tina Bee to director. Mrs Bee joined Moore Stephens in May 2012 and previously held the position of senior consultant. As a director she will take a more active role in the management of the firm advising clients on investments protection all aspects of retirement planning and business development. Prior to Moore Stephens she was a business development manager at the Royal Bank of Scotland International where she was responsible for managing a portfolio of international clients and building relationships with third party introducers. Michael Norem Executive Director at Moore Stephens Financial Management said Tina is an integral part of the Financial Management team and her promotion is testament to the great range of skills knowledge and experience that she brings to the role. Senior appointments at Mourant Ozannes Five lawyers at Mourant Ozannes have been promoted to senior positions within the firm. Andrew Salisbury Iain Millar Jon Le Rossignol Kirsten Faichnie and Tracey Powell have all been made senior associates. Mr Salisbury is based in the firm s London office and specialises in banking finance and corporate with experience in a range of transactions including those involving equity capital markets and public and private mergers and acquisitions. Mr Millar (pictured with Advocate Faichnie) works in the Jersey financial and corporate practice and specialises in corporate banking finance and mergers and acquisitions work. Before joining Mourant Ozannes in 2011 he worked within Norton Rose LLP s corporate finance department. Also based in London Mr Le Rossignol has experience of a broad range of banking and finance transactions with a focus on corporate and debt restructurings. Prior to joining Mourant Ozannes in 2013 he worked in the London and Hong Kong offices of Allen & Overy. Advocate Kirsten Faichnie joined Mourant Ozannes in 2006 and was sworn in as a Jersey Advocate in 2010. She specialises in alternative investment funds with a particular focus on private equity and property funds. Tracey Powell specialises in banking and finance corporate and funds. She joined the firm s Guernsey office in 2007and took up a position win the London office last year. Style Group set for a new era Style Group has made two executive appointments to ensure the firm is well-placed to grow as confidence returns to the local construction industry. Edward Poynton has been made the group s Chief Executive while also maintaining his role as Managing Director of Style Windows. He is the son of the group s founder John Poynton who will remain as non-executive Chairman of the group. In addition James Joseph has taken a new role as the Managing Director of AC Mauger Construction having previously worked as contracts director. John Poynton said Style Group has always been a family company that is proud all of the positive values that this brings. I m delighted that Edward has agreed to take over as Chief Executive and with James at the helm of AC Mauger the group is in the best hands to ensure that we seize the opportunities of a newly revived economy. Edward Poynton has been with the group for seven years. He holds two degrees one in Business and Commerce and the other in Construction Management. He said We are extremely positive about the future of the Style Group of companies. With my father still on board as Chairman we have an excellent balance to make the most of the improving economic conditions whilst also maintaining the family values and ethos that have guided Style throughout the decades. 10 CONNECT MARCH www.bailiwickexpress.com Welcome to your haus... If your time comes at a premium you need a premium health club. Our exclusive and award winning Milon concept guarantees results with only 2 workouts every 10 days for 35 minutes leaving you time for a true 360 approach to wellness. Reward your body in our bespoke signature classes then unwind in the world-class Ayush Wellness Spa or simply relax in our non-intimidating and luxurious member s lounge. We look forward to taking your fitness personally the Healthhaus way. To book your free consultation call 614800 www.healthhaus.co.uk SPECIAL REPORT Is 2014 Jersey s gap year Tighter controls on immigration are promised by the Council of Ministers what will that mean for recruitment in the financial services sector which drives the Island s economy Will companies be able to recruit more widely from the thousands of unemployed people who are living in the Island already The answers to those two questions which essentially probe the nature of Jersey s skills gap will be of vital importance to the Island s economy in the next few years. It s a fair bet to say they might feature on one or two election manifestos as well later this year. Ben Qu r e goes in search of the facts... You have to hand it to the crazy right wing of the UK press if they have done nothing else over the years they have perfected the art of the fake immigration scare story. You know the ones planeloads of Romanian immigrants (never actually arrived) come to Britain to eat our swans (no they don t) and then get to stay here under Human Rights laws because of their cats (again no never been vacant for ages because there s no one here who can do them and that s holding back growth firms here are having to take on young people from the UK for graduate positions because local university leavers aren t applying for them and most scarily of all two organisations are privately saying that they are considering packing up and leaving Jersey because they can t get the staff that they need. These stories don t come from the screaming headlines of a red-top UK tabloid from a shouty taxi driver or from a random bloke in the pub. They come from a specialist in recruitment for the finance industry. ASL director Tina Palmer has spent 24 years recruiting staff to roles at all levels in the finance sector. Her career is based on reading the trends and understanding the needs of financial services employers and what she has to say on the subject of the skills gap shines a light on the Council of Ministers plans to more strictly enforce the 325 annual target of net immigration (which works out at around 150 people coming here to do jobs plus their dependent partners and children). Mrs Palmer is at pains to point out that her perspective as a recruitment expert is just one part of the picture that immigration and population are complicated subjects touching on a range of areas including housing affordability the environment development public infrastructure education and more. And given the headlines about unemployment her starting point may surprise you. We have got more jobs than we have had for ages and we are struggling to fill them and my counterparts are exactly the same. It is not the senior senior positions or the raw trainees it s the ones in the middle. happened) while draining money out of the country (except that actually immigrants to Britain contribute more than they take). Here are some different immigration scare stories and these ones are actually true there are jobs in Jersey s finance sector that have 12 CONNECT MARCH www.bailiwickexpress.com www.bailiwickexpress.com MARCH CONNECT 13 14 CONNECT MARCH www.bailiwickexpress.com SPECIAL REPORT We have got jobs that have been vacant for ages she said. We have got more jobs than we have had for ages and we are struggling to fill them and my counterparts are exactly the same. It is not the senior senior positions or the raw trainees it s the ones in the middle. A real estate fund administrator who walked in now with three to five years experience could pick where they want to work there s probably half a dozen jobs right now. Jersey Finance have worked really hard in the UK. They are doing some amazing visits throughout the globe the worry is that they are bringing businesses in and someone has to service it. One of my counterparts says that she has had two conversations with organisations saying that they are considering leaving the Island because they cannot find the skills. That is a real alarm bell. If that alarm bell is ringing it s not ringing very loudly. But perhaps it should be. The skills gap is a significant issue and it has been around for a while. Mrs Palmer used to sit on the Skills Board put together in 2006 to bridge the gap between the Education department that equips young people with skills and the private sector that would like to be equipping them with jobs. That board now Skills Jersey recognised the gap early on but it would be fair to say that the recession has not helped. Bob Hassell the Managing Director of HR consultants Hassell-Blampied Associates is another expert in this area. He founded the firm as Jersey s first professional human resources consultancy and is a former Head of HR at Chase Manhattan Bank and Ernst and Young Jersey he agrees that there is a change in the trends. He said It s undoubtedly much more of a buyer s market than a seller s market employers are looking for a perfect range of skills. The observation that Tina makes is right in our experience people have recently been keeping vacancies open for longer times. What we have found in the last six months is that people have been very critical about taking people on unless they have absolutely perfect skills whereas in the old days if you had a 50 75% fit that might have been enough. Institutions increasingly require qualifications these days and the Jersey Financial Services Commission lays down certain qualifications that meet different criteria within financial services businesses which are seen as the benchmark standard for many roles. There is a heavy investment in training. A lot of organisations do train an awful lot of people both in terms of professional qualifications and in terms of developing particular skills. This is seen as a prudent investment for them as they reap the benefits in the longer term. So people are investing more and there is a greater realisation amongst employees that they need to be qualified often it forms a prerequirement of their role as the new Retail Distribution Review has demonstrated as it has been set as a standard by the Jersey Financial Services Commission. Often though employees only realise the need for qualifications if they have been made redundant and need to find another job. Employers are much more critical about wanting to find the right level of qualification and experience and the right fit of the person in an organisation because that matters too. What s clear to Mrs Palmer is that this is not a new phenomenon that has been caused by the The observation that Tina makes is right in our experience people have recently been keeping vacancies open for longer times. What we have found in the last six months is that people have been very critical about taking people on unless they have absolutely perfect skills whereas in the old days if you had a 50 75% fit that might have been enough. www.bailiwickexpress.com MARCH CONNECT 15 SPECIAL REPORT recession rather the continuation of a trend that goes back further than 2008. She said The skills gap was around before. You cannot blame this all on the recession no one could foresee the pulling of Low Value Consignment Relief or the recession or the changes in the UK relationship. No one is to blame but that skills gap is still there and it is big. The vacancy gap that we have is in the 35 000-55 000 salary range it s not senior management. We need real estate funds people private equity fund administrators and trust professionals and we need good graduates. If we are going to have Digital Jersey and we are going to compete we need to have the intellect here. People say they cannot get newly qualified lawyers. London has got a dearth of skills and that reflects on Jersey. I sat next to someone who is a senior partner in a major firm over here recently and he told me the perception of Jersey in the City is that we are an oldfashioned backwater and that we are boring. I was really amazed that that is how they are perceived in the City and I was shocked and saddened by that. I had always thought that Jersey was the place to do business. I think Jersey is an amazing place. I was born here and I love the Island but we cannot be too complacent and think that people will be flocking to come to live here. Jersey is trying to position itself as the place to do business the products on offer are getting more complex and the training grounds in terms of the machine rooms and payment processing have gone off-Island. But the call centres and machine rooms have not disappeared we have just taken two rungs off the bottom of the ladder here and that has not fed back in careers programmes. Careers programmes and training budgets are long-term solutions to the short-term problem of providing skilled staff for the finance industry. The other factor in all of this is the Council of Ministers new determination to stick to a net immigration limit of 325 people per year. That target has actually been in place since 2009 although the average number of people coming in has been almost twice the target. Even despite that influx of people the size and value of the financial service sector measured through GVA has dropped by almost a quarter in the same period. It s hard to see how tighter controls on people coming in to Jersey will do anything other than speed up that trend. But Mrs Palmer says that the clash between the drives to support the Island s dominant industry and protect opportunities for the 1 750 people who were registered as out of work at the last count is a hugely difficult one. There is no quick-fix answer she said. You cannot get three to five years experience in night school. There is a lot of work to be done at the careers service I think it is time that was modified to become a much more integral part of school life and the individual s life. They get a rough deal the schools because they have to be so focused on the stats and what they produce. Where is the time to put anything back into careers That is not going to help the grades and they have got to look after themselves. From a recruitment agency s perspective we know that there are vacancies out there that could be filled and there are a lot of people unemployed who want work but the two don t meet. And that was the case before the recession. The vacancy gap that we have is in the 35 000-55 000 salary range it s not senior management. We need real estate funds people private equity fund administrators and trust professionals and we need good graduates. If we are going to have Digital Jersey and we are going to compete we need to have the intellect here. 16 CONNECT MARCH www.bailiwickexpress.com They are bringing in a rule which is fair and proper and yes those 1 800 people should get first dibs on the jobs why should someone come off the boat and pick up a job straight away The problem is the people who are unemployed are not matching the very specific vacancies in financial services. But it has to be one rule for everyone. I know the Jobs Fest and the Back to Work schemes have worked really well but the skills do not seem to match the vacancies in financial services. And if you cannot fill those vacancies you do not make money. There is a problem with graduates coming back to the Island. I do know that there is a huge increase in graduate opportunities across the UK and they are not coming back here. They were but not now. So we have graduate vacancies that we cannot fill because everyone has set the bar too high. For the trainees going into trust or funds they are looking for a B in maths and English at GCSE and they will leave those jobs open until they get them. It used to be C or above. They need A Levels and degrees but they just need to see that academic continuity because they need to get them qualified as soon as possible and those professional qualifications are tough. There are constant job openings for fund administrators for newly qualified accountants and lawyers for people to work in compliance and for good graduates. One client takes on ten graduates per year but I am being told by some of the big four accountancy firms that they are struggling to get their local quota of candidates and they have to go to the UK to get graduates that meet their criteria. The recession is not wholly to blame. There are financial services degree courses at the Jersey International Business School and Highlands College but that all takes time. We have a need now. www.bailiwickexpress.com MARCH CONNECT 17 N E W T E C H N O LO G Y Our geographical independence from the main players in the UK and global markets has enabled us to build an extensive network of roaming agreements that reaches around the globe. How s my driving Do you think you are a careful driver If so why should you pay more for insurance than you really need to Well new machine-to-machine communications technology which assesses your driving and sets your insurance premiums accordingly is on the way - as Paul Bullock Head of M2M at JT explains. he whole concept of networkconnected Smart devices sounds futuristic but in reality they are appearing all around us. Some of the applications are practical in New Zealand farmers are using thermometers attached to SIM cards to safely and accurately predict where and when cattle will give birth. Some are more thought-provoking wearable technology such as Google Glass has spawned a new debate about privacy in an interconnected age. Some innovations could have been dreamed up to fill column inches on a slow news day take the January story about a network connected fridge that had been hacked to send out thousands of spam emails. Beneath the radar one of the most far-reaching changes is taking place in the UK. The kit is simple GPS equipment for location a SIM card to communicate to the cellular network and accelerometers to measure speed braking and cornering. And it s all happening under a car bonnet. This exciting new innovation utilises equipment that can track where when and how a car is being driven and has allowed insurance companies to create usage-based insurance i.e. insurance that you pay for based on how you drive so allowing them to offer discounts to drivers who don t indulge in high-risk behaviour. An interesting concept right Now that doesn t just mean penalising speeding it may simply mean driving late at night (a disproportionate number of accidents happen between 10 pm and 3 am) it might mean unusually sharp cornering or not taking wet or icy road conditions into account. T It s estimated that over the next five years anything up to 70% of cars in the UK or 22 million vehicles might have these devices installed. The urgency is partly down to the changes that usage-based insurance can bring to sky-high insurance premiums for young drivers who in the UK are paying anything up to 4 000 for insurance. It s also partly because it offers a chance to rethink the way that car insurance has always worked essentially it s an averaging game where good drivers subsidise bad ones. Perhaps you re wondering how JT fits into all of this JT has partnered with Progressive Platforms one of the leading providers of vehicle telematics software platforms to develop a uniquely powerful UBI solution. JT provides multi-network coverage and we use Jersey s well-established fulfilment infrastructure to deliver devices. JT manages the global mobile connectivity and supports the overall solution. Progressive Platforms software hosted on JT s Cloud does the heavy number crunching and integrates with insurance providers systems. Our geographical independence from the main players in the UK and global markets has enabled us to build an extensive network of roaming agreements that reaches around the globe. Within the EU agreements allow us to use the strongest local signal swapping seamlessly from providers such as Vodafone to O2 without any loss of connectivity. So that independence has made us the perfect partner of choice for insurance companies looking to move into usage-based insurance especially in the UK which along with Italy has been an early adopter of the technology. We have been working with the insurance companies to provide them with the equipment as a part of a managed services agreement so that there is no capital expense for them helping to keep costs down for consumers. From the perspective of insurance companies it means they can design new products to market and sell based on specific driver behaviour. It allows insurance companies to accurately price risky driver behaviour in real time. From the point of view of drivers it means that they can buy insurance tailored to fit their needs in terms of usage and cost. That means special products for company cars or for day-time driving only or specifically just for young people. It can even mean that drivers can pay for insurance only by the hour or by the mile. The opportunities spread even further - a diagnostic system that can send you an email if there is a problem with your exhaust for example. However there s another significant perspective in this the public benefit. Statistically as we discovered in our market development research one of the largest killers of teenage girls is their boyfriends driving by simply placing limits on driving behaviour usage-based insurance could well help reduce the number of tragic accidents. In the USA the National Highway Transportation Safety Administration has measured that driving while texting is six times more dangerous than driving drunk. With our partners Progressive Platforms and a technology agreement they ve signed with a company called Cell Control a driver s phone could be prevented from sending or receiving text messages whilst in motion. At a much lower level what about a system where young drivers parents get an automatic email when their children drive over a certain speed Sounds a bit Big Brother but it is this kind of initiative that will undoubtedly change the face of motoring and insurance for the future. Perhaps the biggest benefit would be that cars with the GPS and accelerometer equipment are effectively carrying small black boxes that have the ability to track all the details that lead to an accident. That level of information could for example also help to resolve disputes and speed up the court process. Although there are privacy issues to be considered the collective data will be of enormous benefit in terms of traffic management and monitoring and also to car manufacturers. It s these many benefits and more which encouraged us to pursue our vision in this innovative area of technology and we re very proud to be one of the first to be a part of this rapidly growing market of services and products that will enable technology to have a real impact on the way that we all live. At JT we believe that this is just the beginning and it s being at the forefront of delivering innovative products such as this that is making our vision a reality which is to become the partner of choice for global telecommunication innovation. www.bailiwickexpress.com MARCH CONNECT 19 C U S TO M E R S E R V I C E The good old values of customer service are in Skipton International s view vitally important. They are the corner stones of our business and I believe they are the reason why our business continues to grow. Are you being served....well Banks have been hitting the headlines again recently for all the wrong reasons. Jim Coupe Managing Director Skipton International looks at what is going on in the industry and if ultimately it is good or bad news for customers. here is no doubt that in the UK banks are still getting a hammering in the popularity stakes. Mis-selling scandals Libor rate rigging taxpayer bailouts and the closure of branches - all continue to dominate headlines. Research last year by The Times found that fewer than half (49%) of people trust their banks whilst 58% don t think they have their customers needs at heart. T business and I believe they are the reason why our business continues to grow. Good customer service is about knowing not only your products but also your customers so that you can help them to make good choices. It is about developing a bond with the customer which will hopefully lead to a long-term relationship. That is important for both sides of our business mortgages and savings. We don t want to advertise a great rate and then reduce it quickly after we ve formed a relationship with our customers. Being open and honest in our communications is vital to us. One of the other findings of the Ernst & Young report was that word-of- mouth is gaining influence. Customers are listening to each other and of course social media has a role to play in that by amplifying an individual voice. Globally the survey found that 71% seek advice on banking products and services from friends family or colleagues. This means that if your customer service is good and your relationship with your customer is healthy they will tell others about you. Likewise if it s the other way round you can be sure they ll spread that message too. Customer advocacy has been underestimated. Then there is the desire for personalised products. The same survey found that this is what customers want. The important criteria here is that you don t split your customers into those Being a banker isn t much fun in the UK amid stress at work from intense margin pressures growing regulatory costs and continued negative media coverage. I am not expecting many to be that sympathetic to the banker s cause but these various issues reflect an industry that has still to come out of its post-2008 crisis. A lot of the issues banks are facing now can be put down to a past lack of focus on their most important stakeholder the customer. This isn t just a UK problem either the Ernst & Young Consumer Banking Survey 2012 found that globally confidence in banks is still falling. Yet this realisation and its resulting effect can be viewed positively it means the customer could now be listened to. The good old values of customer service are in Skipton International s view vitally important. They are the cornerstone of our who receive excellent service and those who just get average attention. At Skipton we treat everyone the same our customers receive a high level of customer service whoever they are and we are on the end of a phone when needed. That s not to say that the closure of branches which has been in the news lately is always going to be a negative experience for customers in the UK. A recent survey by the Skipton Group for its subsidiary HML and carried out by Principles Research found that all of the Skipton Building Society mortgage customers interviewed reported that they were happy with their telephone experience and that it can be more flexible than going to a branch. Which goes to show that it s far more about how you are treated than the medium that is used. There is nothing we hate more as consumers than speaking to a machine or having to talk to somebody for whom English is not their first language or who clearly doesn t understand your local circumstances. All of our underwriters and customer service team are in the Channel Islands we all live in the community we serve and we think that this helps us to make sure we are providing the best service to our customers. Our award last year as Moneyfacts Best Offshore Account Provider 2013 is recognition of this. www.bailiwickexpress.com MARCH CONNECT 21 Promotional Feature LOCAL AGENCY LAUNCHES CAMPAIGN FOR LUXURY LONDON HOTEL The Channel Islands largest marketing communications agency Oi has created and is managing a major advertising campaign for the launch of St. James Court a Taj Hotel London. Part of Indian conglomerate Tata Group the Taj Group has over 150 hotels around the world including the 338 bedroom St. James Court a Taj Hotel and the 85 all-suite luxury hotel Taj 51 Buckingham Gate Suite and Residences near Buckingham Palace in London. Established in 1901 Taj Group is one of Asia s largest and finest group of hotels with hotels resorts and palaces in the UK USA Maldives Malaysia Australia Bhutan Sri Lanka Africa and the Middle East. From worldrenowned landmarks to contemporary business hotels idyllic beach resorts to authentic Grand Palaces each Taj hotel offers an unrivalled fusion of warm Indian hospitality world-class service and modern luxury. GLOBAL BRAND The Tata Group consists of over 100 operating companies around the world with iconic brands including those in the UK Jaguar Land Rover Tata Steel Europe (formerly Corus Group) Tata Global Beverages and Tetley Tea. It is ranked 39th among the most valuable brands in the world in the Brand Finance Global 500 2013 report. Since 1907 when Tata Limited was established in London as a representative of Tata Sons in Europe the UK has been an integral part of the Tata Group s strategy and operations. Today Tata is the largest foreign investor in UK industry and is one of the largest manufacturers in the UK comprising 19 companies with a 50 000-strong workforce in more than 40 towns and cities. The UK is Tata s leading international market with combined revenues of over 20 billion. An English Classic Reinvented Promotional Feature Oi HAS CREATED AN EXCELLENT CAMPAIGN FOR US BASED ON A LONG-STANDING UNDERSTANDING OF THE ACCOUNT AND DELIVERING CREATIVE SOLUTIONS... Oi s launch advertising campaign - entitled An English classic reinvented - for St. James Court is currently running across poster sites at Heathrow airport and London Underground sites near the hotel as well as on London buses and full wraps across a fleet of London black taxis. Keeping with Taj s positioning of reinventing tradition and bespoke luxury it is using metallic gold as a printing finish on all the artwork. The campaign has been entered in to the outdoor category at this year s UK Roses Creative Awards. To be working on such a high profile campaign like this is really exciting and goes to show it s good to think big even in the smallest of places said Peter Grange Oi Managing Director. ONLINE AWARENESS Digitally the advertising campaign is also running across online banner advertising on such websites as thelondonist.com and the economist.com (in the UK and globally). Oi created launched and is managing a major Facebook photograph competition titled London is Grand as part of the launch campaign. Running on www.facebook. com sjctaj people upload their favourite photograph of London for the chance to win such prizes as a stay at the Taj Exotica Resort and Spa in the Maldives (awarded the second best resort in the world by Cond Nast Traveller) as well as stays at Taj Palace Marrakech six course dining at Michelin A DV E RT I S I N G AMBIENT starred Quilon weekend breaks at St. James Court a Taj Hotel London and the signature 24 Karat Gold Afternoon Tea. The campaign has already proved very successful with a three-fold increase in website visits and over 3 500 fans on Facebook. Siddhartha Butalia Director of Marketing for Taj Hotels Resorts and Palaces in London said Oi has created an excellent campaign for us based on a long-standing understanding of the account and delivering creative solutions derived from customer A THREE-FOLD insight. The results of the campaign INCREASE have been very IN WEBSITE promising and we re looking VISITS forward to working with the agency to achieve our strategic marketing objectives and continue building brand awareness. St. James Court is positioned as an English classic typifying the concealed charm of one of Britain s finest hotels. With a distinguished pedigree shaped over more than a century this discreet Victorian masterpiece with its famous Shakespearean Courtyard is perfectly placed between Buckingham Palace and the Houses of Parliament in a historic enclave marking the centre of power. Crisp and elegant with an easy charm that s reserved yet attentive St. James Court makes each visit more pleasurable and memorable. Exceeding the expectations of today s discerning traveller St. James Court is a slice of the past served up on a contemporary platter. Guests can make the most of the premier Golden Keys Concierge services tailored treatments at the Wellness Centre and a host of on-site dining options including Quilon the signature Michelin star Indian South West coastal cuisine restaurant. ABOUT Oi Now employing 24 staff across Guernsey Jersey and London Oi also helped Taj Hotels Resorts and Palaces launch the world s only Jaguar branded suite at Taj 51 Buckingham Gate Suites and Residences in London last year. The agency works with many other leading brands including THAI Airways UK Shangri-La Hotel Canaccord Genuity Wealth Management Investec Asset Management M&G Investments Moore Stephens Touchstone and Airtel-Vodafone to name a few. Need help with an advertising campaign Contact Peter Grange at Oi on 01481 750600. BRAND NEW THINKING BRANDING DESIGN D I R EC T D I G I TA L SO C I A L www.oi-you.com This month I would like to introduce some form of performance related pay otherwise known as incentivisation into the business. Any suggestions A lot of people ask this question as they either want someone not to change or conversely to change. While the two circumstances are clear contradictions the same solution is often chosen with the broad principle being if you do this then you ll get more money . Dan Pink (who you can watch on www.ted.com) has written a very good book based on his research on behavioural science studies conducted over the last 50 years which have shown that if then financial rewards make people perform worse if the task being performed requires some outside the box thinking. You ll see what I mean if you watch the video. As to your question I ll assume either you want to keep a high-performing well-liked Steve - due to the risk of clients staff or both following him out the door if he left - or you want Jason to sort himself out and improve his sales volumes operational performance. A frequent solution to keeping Steve is a profit share or share incentive scheme. This makes sense as he s likely to be in a senior position within the business and you would want him to help manage the staff control costs and care about the business almost as much as you do. Profit shares are relatively simple to arrange and agree. It can be harder making sure that Steve values the offer sufficiently for him not to be better off by leaving. You may have to give up quite a large percentage of profits to make it worthwhile which could be emotionally challenging. The downside of pure profit shares is that they can encourage excessive risk taking or other forms of short-term thinking. An example of short-termism is salesmen on commission who can damage your reputation if they over-promise or are too pushy in the desire to hit sales target commission levels. Whilst profit sharing is relatively straight forward share transfer schemes are usually much more complex and you have to ask yourself whether or not they are worth the extra hassle and cost. That comes down to the individual being offered the incentive and how much you want to lock them in and want them to feel part of the business. Providing great staff with share transfer arrangements in a way where everybody wins makes a lot of sense as it more closely aligns everyone s interests and can help keep employees with the business for the long term. A good way to do this is growth shares which Steve would only get if the company grows and if that growth is done in the right way. Then you re not giving away any of your value just sharing the growth. There are lots of types of arrangement where either somebody gets something extra for staying for a period of time or for some pre-agreed performance criteria or most often both. So you can have a situation where Steve helps the business hit a profit target - and then gets a percentage of the business which he can only keep after a number of years. This approach gives flexibility which is great but it also brings challenges in defining who is going to get what when and based on which criteria. Steve may well want you to agree dividend policy so it is possible that a shareholders agreement will need to be drawn up as you may want his shares to be non-voting for example. Each situation is bespoke to the individuals involved and seeing your accountant is a must to completely understand all the options. Jason on the other hand isn t performing. You don t feel you should pay him off nor do you have huge amounts of time to train or manage him so you hope a carrot is better than a stick. If that s the case and it is a big IF targeting an amount per result is a good way forward but may not in fact make much difference. The annoying truth is that if his attitude is wrong then money won t change that and if it s good but he hasn t got the skills then he needs a written process to follow and your time not just more money. But if it is more cash for Jason then the choice you have is to base it on a percentage of gross profit or revenue. Revenue is easy to measure but gross profit aligns your interests to help ensure he doesn t sell cheap. Finally you could offer discretionary bonuses but in my view these are useless as an incentive and are mostly just (frequently unappreciated) thank yous. Agreed targets don t deliver the same flexibility as complete discretion but in many ways people are often happier when they know where they stand. Luke Smith MD of accountants Purpose delivers straight answers to common business questions. Be careful he is blunt uncompromising and if you are sitting too comfortably you may be in for a rather bumpy ride. If you have a question for Luke please e-mail askluke bailiwick publishing.com 24 CONNECT MARCH www.bailiwickexpress.com WITH OUR RANGE OF MORTGAGES YOU COULD MOVE IN FASTER With a same day decision in principle your new home could be closer than you think. Choose from the flexibility of fixed and tracker mortgages or the ability to borrow up to 100% of the house value . Call our friendly mortgage team today who will help guide you through the home buying process and get your dream house on its way. CALL US ON 730730 PO Box 509 Fairbairn House Rohais St Peter Port Guernsey GY1 6DS www.skiptoninternational.com Security guarantee can take the form of an interest earning deposit with Skipton International Limited (SIL) or a charge on another property. YOUR HOME MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON YOUR MORTGAGE. Minimum age 18 years. All mortgages are subject to status and valuation. SIL requires a first charge on the property as security. SIL registered in Guernsey 30112 is a wholly owned subsidiary of Skipton Building Society (SBS). SBS established 1853 has given an undertaking agreeing to discharge the liabilities of SIL in so far as SIL is unable to discharge them out of its own assets and whilst SIL remains a subsidiary of SBS. SIL is a participant in the Guernsey Banking Deposit Compensation Scheme. The Scheme offers protection for qualifying deposits up to 50 000 subject to certain limitations. The maximum total amount of compensation is capped at 100 000 000 in any 5 year period. Full details are available on the Scheme s website www.dcs.gg or on request. SIL is licensed under the Banking Supervision (Bailiwick of Guernsey) Law 1994 as amended. To help maintain service and quality telephone calls may be recorded and monitored. SIL abides by the Jersey Code of Practice for Consumer Lending. Technology. Can Jersey innovate This month CEO and founder of Calligo Julian Box looks at innovation and how crucial it is going to be for the Island s prosperity. s we move into 2014 - and Jersey really starts to try and make an impression on the global digital market place - what does the Island need to succeed in an area that is the focal point for so many other jurisdictions cities and governments innovative new ones. When you look around the world at which technologies are underpinning the biggest changes it s completely different to the vast majority used currently here. This extends into schools and colleges. The established technology companies have big budgets which they use to push heavily subsidised versions of their products into schools which in my opinion produces a focus on and delivery of the wrong technologies. A We need to innovate but what does that really mean and what do we need to do to make this start happening To start with there is a multitude of areas that need to change so I am going to concentrate here on what I believe are the most important ones. First of all we need a digital industry that looks outward for its inspiration not inwards. The Island has a long history in my industry of following what the UK does but normally around two years later so our local suppliers have focused on servicing this need rather than looking beyond Jersey. Real growth for the digital industry in Jersey can only come from exporting our services and products not just focusing on the Island s internal needs. The skills we should be looking to create through our schools are the ones that the broader digital world requires. They benefit not only the students leaving school with skills that are in demand across the globe but also the local technology sector which will need them to compete as we develop our place in the digital market place. The second of the main changes we need is to nurture a culture that encourages creativity and accepts that some ideas will fail. This ties into the technologies that are currently used to deliver what is a relatively narrow requirement namely the use of well-established products rather than the 26 CONNECT MARCH www.bailiwickexpress.com TECHNOLOGY We also need to encourage and support start-up technology companies many of whom will struggle to get their ideas off the ground. However the learning experience people gain each time they try is likely to improve the chances of success next time. We should also develop an Island-centric investment attitude because the government s innovation fund is not enough on its own. It is also likely to be too conservative in its investment criteria than a straight commercial vehicle as it s public money and therefore fear of failure is likely to create a drag on the speed and types of investment. A better approach in my opinion would be to combine or link the government fund with a commercial fund leveraging years of knowledge and experience in this space. That is also likely to pull in more local investment. With the launch of the Education Department s vision for IT at the end of last year we have an opportunity to look at what skills we should be ensuring our children have when leaving school in the next five to ten years. Again it is very important they look outside the Island for this as we can t afford to give them just the skills that are currently needed by local technology companies. Along with this is a change in the attitude to work. The digital world we now live in doesn t work to a rigid 9 to 5 like the finance industry has for so long which is what has dominated the view of what working is like in Jersey today. This is a fundamental change that unless it s made will hold us back. There are already many jurisdictions where the workforce is more flexible lower paid and far hungrier for success than Jersey - so we need to work very hard to change this. How do we start to make the changes that are needed Well we have started with the creation of Digital Jersey. This has given a focus to this area and has already highlighted the main areas that need changing to allow an innovation-focused industry to flourish. Nevertheless these goals cannot be achieved without the continued support of the business sector and government. This isn t an easy area to predict as technology changes so frequently five or ten years in my sector are like 25 plus in many other industries. But you can with a little research find the skills that are underpinning the changes we as business people and consumers are seeing. Innovation is the key to the future. The consensus of many research pieces on how developed nations compete in the 21st century is that innovation is the key to future prosperity. Highly developed jurisdictions cannot compete in the commodity space any longer. They need to create new and innovative products and services where consumers or businesses are prepared to pay a premium. Jersey isn t any different in this respect but we are starting from a low base with limited historical use of innovation driving growth. None of us can afford for it to fail. www.bailiwickexpress.com MARCH CONNECT 27 There are too many times when attending various local events I hear people say they don t believe we can have a genuine world changing idea this needs to stop and stop now. Just because we are small doesn t mean we cannot innovate. Opportunity Knocks With Jersey s population apparently growing you might expect to see people shopping in St Helier in growing numbers. Wrong. Actually the numbers shopping in our main high street appear to be on the decline as the choice and convenience of the online store attracts more local customers. So given that the customer is king and the internet only looks like growing in influence how should retailers in Jersey react Recently the Economic Development department held a seminar for them to share ideas it was chaired by Gary Duncan Chief Executive and founder of Result Marketing Group which specialises in retail promotion. He told James Filleul what needs to change Unplugged. Gary Duncan The first think retail in Jersey needs to do is embrace the internet. It s quite clear that some of the retailers in Jersey don t quite understand that this is in effect just another shop. It s nothing more than that. It s not a threat. It s not a challenge. It is a massive store with the ability to house an infinite range of products that are available to a retailer s customers anytime anywhere. It s not limited by opening hours. It s not limited by staff numbers. It s a fantastic opportunity to sell more more often but I think it s fair to say that there are a number of retailers particularly the smaller ones who may be frightened or scared of what they perceive as a threat when e-commerce is really just an enormous opportunity. James Filleul Why do you think some retailers aren t using that opportunity GD I think Jersey has a number of different types of retailers. There are large multiples mid-sized independents and smaller retailers too. I can t remember how many of these there are in Jersey but I think the smaller hobby retailers account for a lot. I m not sure if they re necessarily in it to make money but an awful lot of these businesses are run by good hard working people who in many cases have put their life savings into an idea. These are the type of businesses that communities depend on but I think they sometimes get a little bit too narrow in their approach and the proposition they come up with is all about them as individuals rather than their customers and that s where it all starts falling down. These are often the type of businesses that do not see the customer benefits of a multi-channel approach. JF Is there a barrier for them GD I don t think there are any barriers. Like anyone who has set up and run a business there are three things you need to do you need to identify your audience. You need to identify your proposition. You need to source the right products for your market you need to be competitive and finally you need to find an efficient and effective way of communicating with your customer base. It s hard. It takes time. It s expensive in some areas. But it s down to you. It all depends on how much you want to invest in your business to make your customers buy from you again and again Today s shopper is increasingly promiscuous time poor and energy poor too - so unless you make it easy for them to buy from you they re going to go elsewhere. Competition is rife and all retailers regardless of size should strive to provide solutions to a customer s needs whether that s via a click of a mouse a telephone call or a visit to your store. If you don t you leave the door open and risk losing that customer 28 CONNECT MARCH www.bailiwickexpress.com www.bailiwickexpress.com MARCH CONNECT 29 30 CONNECT MARCH www.bailiwickexpress.com UNPLUGGED to a business that will. I think Jersey has a couple of disadvantages whereby its transport links are maybe not the best. However the UK is an Island too and it doesn t seem to trouble it that much. JF How can local retailers compete online with the choice and the price point that customers can get from someone like Amazon GD Choice availability and ease of shopping are all things that go together to make the consumer decide to purchase. Those are all things that come together to give someone the incentive to buy. I really don t think there are any barriers. I really don t think there are any reasons why apart from choice and simplicity that someone would go to Amazon. Equally I think there is a lot of goodwill towards retailers in Jersey. We live on a wonderful island. It is a great place to live and work but maybe things have been a bit easy for many years and maybe there s a little bit of effort required over and above what has been required before. I m quite interested to find that footfall in King Street has reduced year-on-year for the last four or five years but the population has gone up 4%. What s happening Are there less stores Are there more stores Well it s not just about the stores. It s about the environment. It s about what people do. You don t have to just be limited to your store. You can open up your store to a really wide audience online. JF So online is part of the solution what else GD Going back to my great belief about you have to satisfy your customer who is increasingly promiscuous. People are time poor. They lead busy lives. They are also energy poor. They need things easily. They want things quickly. They are also now multichannel. They are hit every way they turn with messages text message email message advertising in the newspaper advertising on the radio on the tv door drops leaflets. Whatever way you need to communicate with your customer you have to communicate on his terms and that often means that you have to communicate via the right media for your customer to make sure you hit him or her how they want to be hit - so it s a multi-channel world and it needs a multi-channel approach to marketing business. JF So your view is that retailers in Jersey could do more to promote themselves effectively GD I think retail in Jersey has to start with the definition of who your customer is. I think there are 100 000 local people. That s one sector. Then there are thousands of visitors now that come in as tourists. That s another sector. They get off the boat from just across the Channel and come here. But one of the things that is quite astonishing for me is we don t take Euros. We don t market to those people. There are hundreds of French people walking past my office on the Albert Quay most days during the Summer and we don t do anything specifically marketed at them. Now I understand years ago that Jersey was a place that was very cheap for cashmere and a lot of the French used to come over with their money ready (converted into pounds of course) but they used to come here to buy cashmere. Put their jumpers on and go back to France. But I have found no evidence here of us identifying anyone in Jersey identifying a market and doing something that s going to be useful for that market to encourage them to buy. Do something different. JF What about issues like parking and the environment for shopping in St Helier GD I think parking on the Island is a problem especially in St Helier. It s a nightmare. Coming in here on a Saturday I live in St Brelade and it takes me 45 minutes to get here then it takes me quarter of an hour to park. The car parks are designed to cause damage to your wheels deliberately. I m sure that s an industry on the Island that s really booming. So the bigger the cars get the smaller the entrance is to the car park - but I think there are things that could be done there. I think the Island is tailor-made for electric vehicles. Range is never going to be a problem. I think the Post Office could really help. I think the government could help by possibly laying on a delivery service that delivers to your door maybe on a Saturday. Maybe the government could provide a service whereby they pick up from 10 or 12 I think retail in Jersey has to start with the definition of who your customer is. I think there are 100 000 local people. That s one sector. Then there are thousands of visitors now that come in as tourists. That s another sector. They get off the boat from just across the Channel and come here. But one of the things that is quite astonishing for me is we don t take Euros. www.bailiwickexpress.com MARCH CONNECT 31 UNPLUGGED places around St Helier and deliver to homes across Jersey to your door on your Saturday. I know the Post Office do a great service. I know they deliver the parcels but you know frankly there s Boutiquejersey.com which seems to have come to fruition in the last few weeks and it is great. It s a great first step. However I think there s a fundamental hole in it. It delivers by post two or three days after you ve made your order but if you re not in (and most people have to go out to work) you ve then got to drive into St Helier to pick your parcel up which defeats the whole object of what s meant to be an online proposition. JF But that s the same with Amazon or any online retailer GD But Jersey has the ability because of its size and because of its compact nature to organise a tothe-door delivery service whether it s your food your vegetables your electronics whatever you re going to buy your clothing. It has got an ability again because of its size to use some of its current infrastructure to provide a delivery service maybe initially just on a Saturday but again it comes back to making things easy for the customer. JF How much of a problem is it that locally you need to pay 5% tax whereas you don t on most internet purchases GD I think 5% GST is actually an advantage. I know a lot of retailers will say ...well my transport costs are more expensive and therefore I have to balance up my prices because of the transport costs . It shouldn t be like that. I think in general things in Jersey do seem to be more expensive. Frankly I can t find a reason why that should be. They are all the same brands I can buy in the UK. They are more expensive when they should be in some areas at least 15% less. I don t really understand that. JF What do retailers need to do and what should come from government GD I think that government merely by the fact that they put on the recent seminar and that they are following it up they want to help retail in Jersey and I think that s a really good thing. Whether Jersey retailers want to help themselves is quite another and I think there needs to be a meeting of minds somewhere between. I think Aaron (Chatterley) from Feel Unique offered to set up and have a few sessions with Simon Nixon (founder of moneysupermarket. com) to talk about the abilities of the internet to tell people what could help them and what benefits they could have. I think that would be great for people in Jersey but they shouldn t expect someone to hold their hand and set up their website and help them do it. They ve got to do that themselves and I got into trouble with one of the guys who took exception to me saying ...retailers have to get off their backside and go do something... but they have. We ve all got to do it. If we sit still someone will be there to take your money and in the case of a lot of people on the Island Amazon are taking a lot of the money. I would really love Jersey to become a retail destination that locals felt no need to go elsewhere for and that even further than that because of its location because of its advantageous GST rules I really believe that Jersey could with the right investment or with the right people behind it and it s a long term strategy turn itself into a retail destination for Europe. My thoughts on that come from and I know it s wildly optimistic but Dubai. Dubai was absolutely totally dependent on oil. It recognised that. It did something about it. It s now a tourist destination. It s a shopping destination. It s a hub for transport all over to Australia and Asia. Jersey could become a shopping destination in the same way. Our oil was tourism and the finance industry and both of those taps are being tightened therefore the Island needs to do something. It s not going to fall in their laps. Great riches for the future are not going to come unless we do something about it and I believe that there are the people here with the foresight and the brains with the support of the government that can work together to really turn Jersey into a true retail destination. 32 CONNECT MARCH www.bailiwickexpress.com I think that government merely by the fact that they put on the recent seminar and that they are following it up they want to help retail in Jersey and I think that s a really good thing. www.bailiwickexpress.com MARCH CONNECT 33 Investing the time We all encounter moments in our lives when everything changes. It may be a decision we make which changes the course of our career - or it may be something with simply happens to us...and nothing is ever the same again. Rob Kirkby leads the Jersey advisory team for KPMG looking at mergers and acquisitions liquidations and strategy. The former Technical Director at Jersey Finance is a well-known figure in the local business community and chairs the Finance sub-committee of the Jersey Chamber of Commerce. But in 2012 he was diagnosed with a very serious bowel cancer from which he has only just been able to return to work. James Filleul tells his story. I feel OK but I have a tumour growing inside. Within months I will need 18 months off work and have 45cm of bowel removed. Maybe a bit tired Nothing more than you d expect with a busy job and young family. I do need to go to the toilet more urgently and I did come last in that bike race. Stress But I eat well exercise regularly and am only 38 just a virus Surely not cancer Perhaps the most frightening aspect of Rob s story is that before his bowel cancer was diagnosed he didn t feel particularly unwell. He had no history of cancer in the family and was exceptionally fit. He had a stressful job and a busy life but what was it that essentially made a small group of cells in his bowel turn against his own body 34 CONNECT MARCH www.bailiwickexpress.com But still he knew that this wasn t a simple case of piles and asked for a full internal check using a mini-camera known as a flexible sigmoidoscopy. For now we simply don t know for sure. He was one of approximately three people in 100 000 (0.003%) who contract this particular cancer at his age. Long odds and meaningless when you are one of that unholy trinity. Membership of that select group has changed his life and that of his family. The story begins in June 2012 with similar symptoms to hemorrhoids which was the view of his GP but Rob pushed to see a consultant because something just didn t seem right . He was fit having just cycled a 100 miles in less than five and half hours in a race in Devon and ate a healthily diet. I probably wasn t as in-tune with my body as I should have been. I d lost that connection and or I wasn t listening to it sufficiently. It (the tumour) was sufficiently advanced to have been kicking around inside for a while. I certainly wasn t sufficiently connected to my family and friends and wasn t investing sufficient time. But still he knew that this wasn t a simple case of piles and asked for a full internal check using a mini-camera known as a flexible sigmoidoscopy. Rob intuitively knew he had cancer as soon as he saw the inside of his bowel on screen. Despite all the hospital staff being very reassuring he says the tumour was ...as clear as day . It was medically confirmed a few days later a large T4 N2 tumour in the lower bowel. The T4 N2 annotation essentially means you are in a lot of trouble. Friday 29 June 2012. A day Rob describes as etched burnt and carved into his memory. I got diagnosed and went to sit on the slipway by the Gunsite Caf with my wife Flo and it was blowing a gale. We talked about ten year survival rates and it was about 60% which when you rationalise it means that if there were ten people sitting around this table then four wouldn t be here in ten years. That s pretty scary. My sister flew in that night from London and was an amazing support. I didn t sleep for 72 hours. I went to bed but it didn t really happen. So then I just got up and did crazy stuff like work out what our finances were what our insurance cover was (read the small print for the first time ) wrote a manual on how to run the house for Flo did far too much scary internet research and then scenario-planned our finances. I suppose that was an accountant s response . Still Rob didn t feel particularly ill. In fact he mentioned to a friend about a week after the diagnosis that he felt fairly happy and relaxed. The friend s jocular but entirely innocent response I knew someone like that they were dead a year later probably didn t help. Medically six months of chemoradiotherapy followed to shrink the cancer down to a size that could be surgically removed in a major operation on the 29 November 2012. Which was the date when the true reality of what was happening set in. Although his body was still essentially out of control the fact that the tumour was shrinking was an improvement a pyrrhic victory. www.bailiwickpublishing.com NOVEMBER CONNECT 55 www.bailiwickexpress.com MARCH 35 Friday 29 June 2012. A day Rob describes as etched burnt and carved into his memory. And he was actually growing stronger. In the run-up to the operation Rob went through six weeks of daily work in the gym with a personal trainer to build as much muscle as possible as it is muscle mass which is lost first following the surgical procedure so the more you have before you start the more you retain afterwards. But in one of the peculiar cruelties of cancer he went directly from being fitter and stronger to the lowest point to date in just one day I was in a bit of mess after the operation. I vaguely remember waking up from the op and screaming my head off for them to give me more pain-killers. I came out and I could barely walk 50 yards. I still couldn t walk more than 400 yards two weeks later. I d massively underestimated it. Plus I was now on the chemo. It just knocks you for six. So within months Rob had gone from cycling 100 miles in five and half hours to not being able to walk 50 yards. Cancer. The next months were the low point. With a stapled together bowel protected through the temporary use of a stoma and external bag to gather waste Rob had to undergo 12 trips to London for chemotherapy over the next 24 weeks. You treat the chemotherapy as a job. You know its coming and you get on with it. I had to change my diet eat fish eggs easily digestible and high-calorie food like chocolate as I d lost the best part of 15 kilos. Quite often I d meet people on the red-eye to London and I d be casually dressed and they d be in suits on business development trips. They d say Rob are you on holiday are you going somewhere nice At first I just laughed and went along with it but after a while you do need to start explaining. It did shock a few people at that time in the morning Looking at entries in Rob s diary it s clear that seeds planted throughout this period have grown into a changed way of seeing the world and specifically the people in it. It has regular notes of chance meetings with strangers who with their positivity or with a story or simply with empathy change the course of the moment. These snapshots are the chinks of light 00 CONNECT MARCH www.bailiwickexpress.com 36 With the support of his family principally his wife Flo and children Seb (8) and Dan (5) he got through it gradually recovering before being fit enough to return to work full-time in January 2014. Throughafriend meetingMikefrom Stockport who has now survived multiple cases of cancer and is still going strong. TravellinginLondonthroughthe Olympics when people became people not isolated tube passengers. TheKPMGCancerProfessorwhocalled at home late on a Friday night and talked for an hour with advice and support. Thecoffeebaristawhosharedthe experience of his mum s cancer. TheNigeriansecurityguardwhowas simply bright happy cheerful. Each in itself is fleeting commonplace insubstantial. In context they show the valuing of investing time in other people of giving back something Rob has drawn out of his experience as a guide for the future. With the support of his family principally his wife Flo and children Seb (8) and Dan (5) he got through it gradually recovering before being fit enough to return to work full-time in January 2014. Such an experience changes you though. And that extends to his whole family who have now fundamentally changed the way they eat following a lot of research into cancer and its potential causes. That s not to say that Rob s cancer was caused by his diet which was always balanced just that the experience has brought knowledge and with it a need to change There s data which suggests that diet in particular is responsible for or at least contributes to a lot of modern western diseases. The greater the amount of animal protein in your diet the greater the chances for tumour or cardio-vascular diseases to arise. One of the major changes we ve made is we ve decided to eat as far as possible a plant-based diet which is broadly vegan. I d say we re going to be practical vegans so we won t be painful at parties but at home to give the kids the best chance and us the best chance that s what we ll do. SLIDING DOORS No meat no fish limited eggs no milk no cheese. We have to ensure that ourselves and the children have enough Vitamin B12 and Iodine. We share the cooking but the challenge has been relearning how to cook. We ve taken lots of advice from dieticians to make sure the kids are getting what they need. The biggest challenge is what do you give them for school lunch How do you manage variety when you can t take nuts because of nut allergies Or how do you make plant-based gravy But we ve got that sorted Personally Rob is still highly ambitious driven focused on success and surprisingly he says he is no less hard on himself now than before he was diagnosed with cancer. But he believes he does listen to his body and if he needs to stop and spend proper time with his children then he does so. The biggest change is how much you need your friends and family. That s a real eye opener. People generally are amazing and I The biggest change is how much you need your friends and family. That s a real eye opener. People generally are amazing and I was far too cynical about that before. Clients the firm here have been fantastic and I owe them a lot. was far too cynical about that before. Clients the firm here have been fantastic and I owe them a lot. Friends came out of the woodwork who I hadn t spoken to in years and that s great. But it makes you realise how much you have let it go. If I go to London now I ll stay with my sister or friends I won t stay in a hotel. You invest the time in them. You feel mortal. Everyone feels immortal until something like this happens to them or someone close to them. And nine times out of ten it actually has to happen to you to make you realise that. Even now if I asked most people around me they d say it wouldn t happen to them. It does. Every day. Rob s story is ample proof of that. In many ways he was lucky the cancer was caught and treated in time for him to make a full recovery. But his life and that of his family is different now more vulnerable perhaps. The fact that it goes on is really all that matters. www.bailiwickexpress.com MARCH CONNECT 37 MUSINGS OF A MARKETER Be Loved Connect s Marketing columnist Sam Watts has been committed to all things marketing and brand for more than 20 years. Founder and director of Channel Islands communications agency Orchid she is passionate about the power of communication. At the time of writing Valentine s Day is looming large on the horizon and there is a buzz of love in the air. Whether or not you believe in the hullabaloo of the day - accused by many of being a cynical marketing ploy - I think it serves as a gentle reminder to stop look around and tell your nearest and dearest that you love them. There s nothing wrong with that. Love Whether it relates to a person an inanimate object or a place it can trigger strength of emotion that shocks you. When I say an inanimate object I m talking about the love my husband has for his Porsche. The love my child has for his Nike Air Max. The love I have for the Lake District (and my glass of Sauvignon on a Friday night). It can make you do weird and wonderful things leave you dizzy with excitement or bereft when loss is involved. But how does this relate to marketing The super smart people at Saatchi & Saatchi recognised that love goes further than the emotions between two people. They recognised that the same emotions are transferred to brands with connections and responses that replicate how you feel when you are in love with another person. Their lovemarks philosophy is brilliant and true. Since their CEO Kevin Roberts penned his book of the same name in 2004 I urge you to have a read - they have asked the question what makes some brands inspirational while others struggle I believe the answers mirror why you remain in love with someone and are willing to go above and beyond to retain that relationship. What are lovemarks They deliver beyond your expectations of great performance. Lovemarks reach your heart as well as your mind creating an intimate emotional connection that you just can t live without. Do you have that kind of relationship with a brand Do your customers have that relationship with your brand Asking the Orchid team. They could all name at least one lovemark in their life. Waitrose forthegloriouslighting the tidiness and the helpful staff. Disney forthechildhoodmagic memories of family cinema trips and holidays at Disney World. Apple forknowingwhatIwantbeforeIdo the simple brilliance the elegance. BobMarley forhistimeless meaningfuland melodic music - at some point in our lives we all discover him. MontBlanc qualityanddesignexcellencethat is second to none it says so much about you when you take it out of your pocket. But what makes a brand a lovemark At the core there is respect. Then you throw in mystery (bringing together stories metaphors dreams and symbols that draw people in to find out more) sensuality (keeping the five senses on constant alert stimulating them in a way that is unforgettable) and intimacy (empathy commitment and passion those connections that win intense loyalty). How can you make your business and brand connect with your customers in such a way that their loyalty will turn them into passionate advocates - spreading your message far and wide Whether you are B2B or B2C you can build this level of passion. For inspiration head to the www.lovemarks.com website and revel in the outpourings of love AmericanExpress Amexislikeafatherfigurein my life. It gave me the confidence that I would be OK no matter where I was in the world. Moleskine Theyarethenestofmythoughts. Life wouldn t be the same if I didn t have my Moleskine. It s become a habit a comforting continuity in an ever-changing environment. Guinness Ihatewaitingforanythingoranyone. Except a pint of Guinness draught. There s always always time for Guinness. LEGO IstillsecretlyplayLegoat35 whatelse can I say JohnLewis Ifevertherewasathree-minute warning I would head straight to John Lewis as nothing bad could ever happen at John Lewis . Give me a mic and a karaoke machine and you ll hear me crooning the immortal words of Wet Wet Wet love is all around me . It is true and it s yours to nurture protect and magnify in business as well as on the home front. If you have a question for Sam please e-mail sam bailiwick publishing.com Today Application Interview Offer First Day Brighter days ahead. The outlook is bright for the Aztec Group in 2014 and it looks set to continue. We are looking for talented and exceptional people to join our fast expanding business. People with a passion for delivering excellence in everything they do. Aztec Group continues to lead the way in fund services and for successful candidates we predict a brighter future We offer an excellent employment package and prospects for professional growth with full support and training within an enjoyable and friendly working environment. To find out more call Claire Brodie on 833015 or send your CV to ShineBrightly aztecgroup.co.uk For more information visit aztecgroup.co.uk Keep an eye on our website as the job forecast is always changing Today s Job Forecast Support Receptionist (with a sunny disposition) n Financial Systems Accountant n Financial Systems Report Writer n Client Accountants and Administrators Financial Reporting Manager n Fund Accountant n Senior Client Relationship Manager n Fund Senior Fund Administrator n Trainee Fund Administrators n Compliance Compliance Manager n Compliance Analyst n The Bright Alternative aztecgroup.co.uk Authorised in the Provision of Fund Services Guernsey Jersey LuxembourG sWeDen uniteD KinGDom Connect s insider in the finance industry sits at a desk somewhere near you. He s unspinnable unbiddable and very strictly anonymous. Don t expect marketing speak don t expect a rosy feeling inside and don t expect to like him (we re not entirely sure about him ourselves). Only expect this every month he ll bring you the unvarnished truth from the heart of the finance industry... Bonus points Whilst most people s tolerance for idiocy tends to decline as they age the Fool whilst closing in on the vintage of fine claret often finds much to embrace in stupidity. A career spent at the more combative end of the financial services industry has bred an understanding that another s inability to correctly read a situation usually provides an opportunity for profit. And although this insight is unlikely to garner awards for Humanitarian Of The Year it is refreshing to still work in a part of the industry where natural selection can run its course relatively free of regulation. Except of course the bank is not a charity. Its main aim is to create profit not jobs. And in this world of technological advancement banking as most people experience it when paying in cheques or begging for loans is becoming less labour intensive and relative to what the bank makes from its trading operations less profitable. (The risky investment banking side of Barclays made half of the bank s total profit last year whilst employing 20% of its total staff). And yet as bank s become more successful both they and their most successful employees become ever more demonised. One of the world s most successful banks is Goldman Sachs. Its alumni compose most of Washington s governing financial elite (often referred to as Government Sachs ). The bank is renowned as one of the industry s best payers with average earnings for its 32 000 employees last year of 383 000 per person. It is one of the world s most profitable companies with average revenue of over 1 million for each of those same employees. It will make almost as much profit as Barclays this year with a quarter of the staff. (Its shares rose by 40% in 2013 whilst Barclay s rose by 12%). It also happens to fire on average around 5% of its employees each year. Goldman is about as red in tooth and claw as they come but as far as doing what its staff customers and shareholders want it is without equal. And some sections of the press hate them for it. But whether they admit it or not Goldman is also the company that most of the world s bank chief executives wish their institution could become. In fact which company in any industry would DEFINITION The Fool A privileged position held at an ancient king or queen s court the fool was not taken seriously by the high and mighty but was the only person able to speak the truth to power. The Greater Fool Theory The belief held by one who makes a questionable investment with the assumption that they will be able to sell it later to a greater fool . Barclays bank recently announced a profit for 2013 of 5.2 billion which as either an employee or shareholder of the bank would appear to be good news. But of course rather than focus on the bank s ability to make money in difficult economic times or the significant tax take that the UK would enjoy because of this success the press tended to focus on two announcements that accompanied the financial results namely that the bank planned to lay off 12 000 people over the next 12 months and that the bonus pool had increased by 10%. What most people missed and would no doubt have encouraged even greater ire was that the bonus pool available to the investment side of the bank (i.e. sales trading the allegedly risky bits of the business) increased by 13%. So on the face of it we have a large bank making the best part of 20 million per working day who are choosing to lay off nearly 10% of its workforce whilst simultaneously increasing the rewards to those who take the most risk with the bank s money. So far so evil. (But don t forget to keep paying the taxes). 40 CONNECT MARCH www.bailiwickexpress.com not want to make the same profit as their competitors with only a quarter of the staff We have in the last five years seen a crusade by both the press and increasingly media-sensitive governments against banking institutions which appears to condemn success and calls for censure and even legal constraint on what the most successful employees can earn. And this is where even the Fool s tolerance for idiocy is tested. Do we hear calls for constraints on the pay of a garage s most successful car salesmen or opprobrium launched upon some part of the public sector who manage to maintain their services with fewer staff Do we seek to constrain the launch of a company s new technology product simply because it is likely to be highly profitable Whether we like it or not the banking industry is getting more profitable and is employing fewer people. If that results in the banks paying more tax and freeing up people to engage in more wholesome morally fulfilling pursuits perhaps that is something that governments and the press should be celebrating www.bailiwickexpress.com MARCH CONNECT 41 Photography by Gary Grimshaw 42 CONNECT MARCH www.bailiwickexpress.com N O O R D I N A R Y DAY J O B No Ordinary Day Job. Behind the mask Courtroom dramas are almost as common on TV as crime shows from Ally McBeal and Perry Mason to Rumpole or Judge John Deed the list is as long as it is misleading. As you ll see in this month s law supplement (page 60) Jersey has a large and thriving community of lawyers (collective noun ) for whom life is perhaps only fleetingly like any of the small-screen characters mentioned above. One of them is Rebecca Morley-Kirk litigation advocate at Parslows. Gwyn Garfield-Bennett when to meet her to see if the truth was better than fiction. The television portrayals of female barristers tend to be of ambitious hard-nosed bitches like Martha Costello in the BBC s Silk so I might be forgiven for expecting Advocate Rebecca Morley-Kirk to have a vice like handshake and domineering persona. She doesn t. She s simply an intelligent confident woman who not only loves her job but is good at it. If you want to meet someone who dispels the myth that advocates and barristers whatever their gender are all courtroom drama queens who love being centre stage and shocking with their flamboyance and rudeness then she s your woman although that s not to say the stereotype doesn t exist - I ve met a few Rebecca however admits that the TV dramas might have sparked her early career interest. I was always interested in courtroom advocacy from an early age which might have stemmed from my days of watching LA Law as a teenager. The TV programmes are however very far removed from reality. There are colourful characters in law because law deals with people. That was one of the attractions for me of becoming a courtroom lawyer you are dealing with a wide range of subjects and meeting people from all different walks of life she said. The job does take a particular kind of person Rebecca admits In a sense I find it easier being a lawyer because I am representing someone else. For me it s easier to do a court of appeal in a murder case than talk to a bunch of six formers about how I came to be a lawyer. You re putting on a persona we don t wear wigs like the UK but we do put on a gown and become the litigator. Rebecca is a Jersey Litigator that means she deals with anything whether it be criminal matrimonial property or a cross jurisdictional asset any contention that can happen in our daily lives. She says Each case presents its own set of challenges and one thing I find fascinating about law is that you can have a seemingly small point or case which might seem fairly run of the mill and which can actually become quite fascinating. People think criminal law carries with it the greatest number of after dinner stories and colourful characters but that s not necessarily the case. Rebecca is also a Jersey Advocate which gives her rights of audience and means she can go to court which solicitors in the Island don t have in the same way. This is less clear-cut than the UK where a client would go to a solicitor and then that solicitor would instruct a barrister to go to court and be the voice. Here there is no rule to say that a Jersey Advocate can t have a direct professional relationship with a client. Another difference in Jersey between advocates and solicitors is that advocates have to give a swearing-in speech when called to the Bar. It s terrifying but it s the one time in your career when everyone in the court is willing you to succeed and they re all with you says Rebecca. www.bailiwickexpress.com MARCH CONNECT 43 N O O R D I N A R Y DAY J O B So what about that question which lawyers are always asked how do you deal with the moral issues If someone tells Rebecca they are guilty of a crime how does she then represent them and argue their case in a court We have a very careful set of guidelines about what we can and can t do. If we think someone is guilty it s irrelevant because we are acting on our client s instructions. The best advice is not to have a personal opinion you are there to be objective. If they tell you they are guilty and they want to plead not guilty then you are obliged to conduct their defence in a certain way. You are not allowed to put them on the stand and allow them to lie you are also not allowed to construct questions in such a way as to suggest they didn t do it if you know they did. Your defence has to focus on finding a weakness in the prosecution so you re not lying but still fulfilling a requirement that everyone is entitled to a defence. Lawyers are not allowed to refuse cases because they have moral difficulties to make sure that everyone has access to legal advice. This is called the cab rank rule. The cab rank rule has been a part of English legal practice for several hundred years. Its original purpose was to ensure that people could obtain representation regardless of the predilection of the barrister to take the person as a client. There have been periods such as during the IRA bombing of mainland Britain in the 1970s when defence counsel were difficult to come by and the cab rank rule was invoked by the Bar to ensure the accused were defended in court. The one time when an advocate is not expected to act on a person s behalf is when they are conflicted. One of the other issues that is most often raised is the level of fees that lawyers charge. This issue isn t a simple one in part because of Jersey s current legal aid system. I am really lucky to be a part of Parslows we are smaller and are happy with our charge out rates says Rebecca. It is a shame that lawyers get such bad press but some lawyers charge out rates can be extortionate and it is hard to make sense of them. However the amount of work that goes into the qualifying process is phenomenal and the burden on a firm of providing legal aid services can be huge. I do think lawyers have to achieve a balance between all of those principles and the need to ensure there is access to the law. Many people still don t realise that Jersey lawyers are obliged to take legal aid cases for the first 15 years after they have qualified. Our present system dates back to 1904 and whilst it does ensure access to the law for everyone it can be a burden on a legal practice. We have a very careful set of guidelines about what we can and can t do. If we think someone is guilty it s irrelevant because we are acting on our client s instructions. The best advice is not to have a personal opinion you are there to be objective. If they tell you they are guilty and they want to plead not guilty then you are obliged to conduct their defence in a certain way. 44 CONNECT MARCH www.bailiwickexpress.com Part of the reason why it can be burden is that there is no defined amount of time that the legal aid cases might take lawyers are given a certain number of certificates (cases or duties) depending on whether you work part time or full time. It provides for variety says Rebecca One day I might be duty Advocate which is one of the legal aid schemes and I will have to be in court for 9.30 am and deal with whatever comes up. I don t get any preparation time I have to take instructions from clients find out what the prosecution evidence is and talk to the Centeniers to see if they want them remanded in custody or not. One morning I had nine cases to deal with that wasn t easy. Another day I might be covering the out of hours phone scheme at the police station and will be called for legal advice. I have had three-week legal aid trials to conduct and that takes months and months of work. You have to juggle your legal aid work with your paid cases. We all take the legal aid obligation very seriously and it is certainly www.bailiwickexpress.com MARCH CONNECT 45 N O O R D I N A R Y DAY J O B not the case that we would do less work on a legal aid case. Whatever is in court takes priority and then if another case needs work doing then you have to catch up in the evenings. So with sometimes 12-hour days preparing for and being in court and the work that is needed to keep up with legal judgements would Rebecca recommend a career in law to her own children Yes I think it s a worthwhile career despite the criticism it s very fulfilling and challenging and provides you with a vast amount of mental stimulation every day. I love the variety and dealing with people on a personal level. If you are involved in a litigation whatever type it is it can be a very stressful raw time and that means we are dealing with people who are often at their worst very vulnerable stressed and anxious. Rebecca has two children and says it is still possible to juggle a busy legal career with family life. The nature of litigation means that you are able to pop out and pick up the children and carry on working in the evening. I always juggle the needs of the client and the court uppermost but I am very lucky that I can also participate in my children s lives without letting anyone down. It s about balance. Rebecca is Jersey-born and educated a Beaulieu girl she went on to study a four-year degree in English and French law including a year in France before a Masters in International Human Rights Law. She then came back to Jersey and started working with Ogier before leaving and joining Parslows. Any highlights of this varied and challenging career One morning I had nine cases to deal with that wasn t easy. Another day I might be covering the out of hours phone scheme at the police station and will be called for legal advice. I have had three-week legal aid trials to conduct and that takes months and months of work. You have to juggle your legal aid work with your paid cases. 46 CONNECT MARCH www.bailiwickexpress.com I was involved in a murder case and I had to conduct the appeal which resulted in the conviction being quashed and a conviction of manslaughter substituted. It was a very interesting case we had to have another trial and it went to the Privy Council which is the UK s final court of appeal. It resulted in the law on provocation in murder cases being changed. It was a fascinating academic point which is now one of the cases I teach at The Institute of Law. When you come from Jersey which is quite a small jurisdiction to have an impact on English national law is very satisfying and doesn t happen often. iSPY Welcome to iSpy a new columnist whose role is to observe and comment on those who normally do all the observation and commentary - the media. Nothing is sacred from their seat in a local newsroom iSpy will be turning skeptically through the pages of Connect and Bailiwick Express too as well as the work of agencies and the chatter on social media. A WORLD OF OUR OWN Journalism s a funny old game. It s depressing to see how many news stories that appear in the newspaper on radio on TV and online are barely more than cut and paste jobs from PR companies government departments or the emergency services. In an entirely unscientific exercise iSpy looked at one local media website and every single one of their frontpage news stories was something that had landed on their desk as a press release. Not exactly going out there and breaking the stories is it But then again it s a sign of the times. Newsrooms are understaffed and even when numbers are up they re often predominantly filled with people with little experience while those who have been around the block a few times barely have the time to share those skills with their colleagues. That said for many professional pride makes any journalist worth their salt want to generate stories of their own which the other media would then want to pick up on. It does happen and a handful of journalists in the Island immediately spring to mind when it comes to off-diary agenda-setting reporting that actually does get people talking. All of which leads neatly on to the lovely journalistic trick of nicking stories from other media outlets and either completely ignoring the lift or crediting the source in a really oblique way. Perhaps reading in the JEP about something being said on the radio or something on BBC Radio Jersey about a story in a local newspaper . It s all very amusing and just makes iSpy wonder whether journalists live in some kind of parallel universe where they can t acknowledge each other s existence. But hark what is this Somebody s dropped a ball made a huge mistake a journalistic faux pas of the highest order that risks a rift in the covenant of island journalists. Bailiwick Express specifically credited BBC Radio Jersey s Politics Hour when reporting on the things politicians said on that occasional gem of a programme. Giving them due credit when quoting from the programme didn t weaken the Bailiwick Express story. It didn t leave the reader to think ooh they just nick stuff off the radio it quite simply gave the article context and make its author look like they lived in the same world as the reader. iSpy watches with interest to see if others follow. ALL EARS Many many congratulations to Channel 103. Jersey s commercial radio station may not be seen by some of the chattering classes as the go-to place for their news and information but they re missing a trick. The latest independent industrystandard audience figures show more than 60% of the island s population are tuning in each week and the numbers are growing. On the flipside the trend for BBC Radio Jersey is terms of audience numbers time spent listening and share of the local radio audience is going down and down. Barely a third of the island tune in for 15 or more minutes each week. Alarm bells must surely be ringing that something about the output is not connecting with those lost listeners. The station s difficulty is trying to fill so much airtime with quality speech content which can produce some very good broadcasting...or make you throw your toothbrush at the radio. HEDGE YOUR BETS Full respect to the Jersey Evening Post for their brilliant front page about the woman in her expensive house who s unhappy that people on board a double-decker bus can see over her not insubstantial hedge and into her garden. It s a classic nimby (not in my back yard) story and - though shallow and vacuous if done daily - is a welcome occasional front page story that makes you smile gets you talking and reminds you there s nowt so queer as folk. Bless that woman in her mansion. We can only assume the main road was there before she was. Perhaps something to consider when she moves house. In the meantime if you take the number 15 sit on the top deck and enjoy. TWICTIONARY And finally some definitions to consider the next time you see tweets from Channel TV 103 Express the JEP or Beeb when the big news happens... Breaking news... ...usually means we ve just found out about it and hope you haven t sussed that others already knew. Developing... ...means we forgot to include some key facts in the original story and are now playing catch up. Exclusive... ...means either we made it up or nicked it from somewhere else changed it a bit and made it our own. If you re a journalist iSpy wants titbits from your newsroom if you re in the headlines iSpy wants the inside track of your media encounter if you re a reader viewer or listener let iSpy know if you ve stumbled across something that s worth sharing. Email in confidence to ispyjersey live.com www.bailiwickexpress.com MARCH CONNECT 47 GLASS HALF FULL From the point of view of Jersey I suppose that anything that assists in an uptake in capital flows across borders and the mobility of capital across the world is good news for Jersey and in particular this extraordinary turnaround in the UK. The better picture in the Eurozone is inevitably going to wash up on these shores in Jersey. That should be accompanied by mergers and acquisitions activity as well. That is something from the point of view of policy-makers which is going to come more and more into the picture as we move into the general election year. I do not think that we are back to the late 1990s in terms of the acquisitions boom but there is evidence that a pick-up will be accompanied by a pick-up in mergers and acquisitions. Glass half full with... Things are looking up. Don t just take our word for it that s the view of the UBS Head of Wealth Management Research Bill O Neill. BILL O NEILL We are looking at growth being around 2% or 3.5% (it is) certainly not going to get to pre-crisis levels. To me 3.5% seems to be as good as we are going to get but it is quite a lot better than we might have expected 12 months ago. But this year has to be the show me year. The big story from the point of view of the markets is how are central markets going to land this ship this quantitative easing ship and will their assumptions be proved right The big thing really is that developed markets have piggybacked on emerging market growth and now the tables are being turned. American and European revival will be important. The developed markets are not a drag anymore. We have seen lower levels of inflation in these economies and they have quite resilient financial systems. China is still the dominant story. They are likely to have a slower growth rate but not disastrously slower. They have challenges there. He s been in Jersey to talk to some of the investment bank s 200 staff for their investing insights roadshow and took some time to talk to Connect about prospects for 2014 the shifting relationship between developed and emerging markets and just what effect UK election plans might have. The world is looking a lot better than it did six months ago. One of the things about 2013 generally is the complete reversal of fortunes around the world and the Lazaruslike recovery in the UK economy. I think that there is a lot to be positive about. As against that clouds have darkened in emerging markets particularly around China without any significant evidence that growth has been hit it s more suspicion than reality. Our sense is that the challenges will be around the emerging markets. On a national level there is not a property bubble even when you account for regular incomes. Outside of London there is not a bubble and when you look at the debt service burden it is significantly lower than anything that we have seen in the last 15 to 18 years because interest rates are so low and with fixed rates having moved as the Eurozone crisis eased. We do not expect an interest rate hike until the first half of 2015. The election is an unknown. From the point of view of policy it would not be surprising to see some sort of stimulus ahead of the election. The government is clearly of the view that fiscal conservatism and monetary activism is the way and they are committed to a medium-term strategy of producing a surplus in 2017 8. As the opposition has raised the issue I think a big focus will be on living standards and keeping headline inflation low. I do not expect any huge giveaways - they will be focused on corporates and to some degree on green things but the small and medium-sized businesses side will be part of it. 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For further information contact Hayley.dewar goldmoney.com P O L I T I C S Connect s political columnist Ben Qu r e spent far far too long covering the States during his 13 years as a noted news reporter and commentator. In Here s The Thing... he takes on a key subject each month drawing on his experience knowledge and contacts to lift the lid and stir things up If you want to contact Ben Qu r e please email ben bailiwick publishing.com ersey we have a problem our Chief Minister is rubbish at politics. Mistake after mistake gaffe after gaffe he just keeps getting it wrong. First he tries to sack his Planning Minister then he realises he doesn t have the votes and is forced into a joint statement in which he basically apologises for escalating a row. Then a week later he starts a debate on the most divisive topic in the Island in the run-up to an election for literally no reason at all. And so the whispering begins he can t be taken seriously (say some in the States) he hasn t got a hold on what s going on and he s incapable of reading the ebbs and flows of the Chamber s collective opinion. Here s the thing. Ian Gorst isn t just the best Chief Minister we ve ever had he might just be the best politician we ve ever had. He s smart he s a good bloke and he puts in a shift of work. Just don t confuse the fact that he s not very good at politics with him not being a good politician the two things have absolutely nothing to do with each other. Not convinced Look at what he s done. Within weeks of taking over as Chief Minister he gave the green light to the move to take the UK government to court over its plan to shut down the Low Value Consignment Relief. He actually took the UK government to court. If you think that his predecessors would have stood up to Whitehall in the same way then go home you re drunk. Why did he do it Because yes the relationship with the UK is important. But you know what s more important Jobs for people in Jersey. Employment was the focus of the one defining speech that the Chief Minister has given when he described his priority as jobs jobs jobs . During a speech on the Economic Growth and Diversification Strategy back in July 2012 he said this I believe that getting people into work is a fundamental requirement of this government... and it is out of that jobs jobs jobs that I say growth is good for Jersey because it is that growth that is going to provide those jobs. All good speech-type stuff I m sure you agree. The difference with Gorst is that it wasn t just words Advance to Work Back to Work Back to Work Plus a scheme to pay newly-trained hospitality staff tighter controls on licenses to employ foreign workers J he s actually backed it up with real actions. While we re on the subject of jobs and money what about the real achievement of the Council of Ministers The one that s going to save millions upon millions of pounds. No not the Comprehensive Spending Review cuts program that finished with public spending higher than it was before it started but with a mysterious International Relations department popping into existence in Cyril Le Marquand House. Not that one. The real program of savings. The one about reforming the public sector with its strange practices about paying to reward longevity and not skill and which fails to deal with underperforming staff. That work is going to save millions and what s more it s going to lead us to a public sector that we can actually afford. That s a genuine tangible legacy it s not sexy it doesn t grab headlines and it s long-term not immediate. But he s the first politician to actually take it seriously. There s more he s backed a full and open committee of inquiry into historic child abuse (something his predecessor didn t want to do) he s kept out of pointless rows that go nowhere (something both his predecessors conspicuously failed to do) and now this nonsense with Duhamel is over it looks very much like he s going to be the first Chief Minister to finish a three-year term with the same set of ministers that started it (plus a new foreign minister that both of his predecessors wanted but didn t manage to get through the States). And yet... and yet... there are some in the States questioning his leadership questioning his judgment and questioning his ability particularly after Beardgate . Utterly ridiculous. Ian Gorst hasn t put off one single difficult decision he hasn t just spent three years tweeting about what a wonderful job he s doing he s just got on with the job. Fair enough he doesn t fit into the modern post-Clinton Blair mould in which what you do as a politician is of less importance than looking good doing it. But when it really comes down to it there s just two ingredients to a successful politician you need to be able to accumulate power and you need to be able to use it. Gorst somehow does both while still being useless at the spinning Machiavellian corridor-whispering end of politics. And people want to criticise him for that That says rather more about them than it does about him. 50 CONNECT MARCH www.bailiwickexpress.com DISCOVER LIVING FOR ALL SEASONS Love life love outdoor living The latest in outdoor living on Thursday 13 Friday 14 and Saturday 15 March See our new range of outdoor all-weather garden furniture - perfect for all seasons. Discover the future of outdoor living with all-weather garden furniture bean bags heaters barbecues Comf firepits spas swim spas and ortab le in elev versatile a much more... nd av en bril ail li a ant co lours ble Interest free credit available in store Modena Outdoor Furniture 50% OFF 10% OFF Up to 20% OFF Oceans Outdoor Furniture Heaters Firepits Barbecues and Water Features Dumaresq Street St Helier T 738806 E enquiry romerils.co.je www.romerils.com Open Monday - Saturday 8.00am - 5.30pm Find us on Facebook and Youtube outdoor living 52 CONNECT March www.bailiwickpublishing.com My Secret Life. With the Winter Olympics having whetted our appetites for sliding around on snow and ice this month s Secret Life features a well-known figure in Jersey who has hung up her skates and now makes sure we have a wide variety of air and sea links. The Group Commercial Director for the Ports of Jersey Myra Shacklady is well known for her time at the harbour and latterly heading up route development at the airport. But before she becoming deeply involved with ships and boats she was once a dedicated and successful ice dancer. This month s secret life is unearthed by Paula Thelwell. When Myra Shacklady was growing up in the bustling port of Southampton her ambition was to go to sea. After all her mother s family were merchant seamen and her father and uncle had served in the Royal Navy - so you could say the sea was in her blood. However her father had other plans for his only child so she did the next best thing by studying for a degree in nautical science in another city with an equally strong maritime history Liverpool. She followed that with a five-year management graduate training programme with P&O. I always wanted to go to sea but my father said no. I just thought living in Southampton and growing up around ships that I would like to go away to sea probably on a cruise ship - but my father said no. So I went to study it instead she recalled. However it wasn t long before she got her wish. I did get to go away to sea as part of my management training program as a WAP (woman assistant purser) for P&O on a couple of ships running down to Spain Portugal and North Africa she said. When she arrived in Jersey in 2007 she brought with her more than 30 years experience in the industry with a stream of blue chip companies including P&O Stena Line and Page and Moy Group. Myra attributes her impressive CV and successful career to a childhood passion which she firmly believes shaped her character and attitude to life. I started skating when I was seven. I was an only child and I did the round of hobbies to see what I wanted to do and mum and dad sent me dancing swimming and horse riding but the one I took to was ice skating. From her early teens it dominated her life outside school. She said I would skate six days a week in the morning before school from seven to eight-thirty then I would go straight to the ice rink to skate after school from four to seven-thirty in the evening Monday to Thursday. I did not skate on a Friday. Saturday and Sunday I would go to the ice rink at six in the morning and skate until 12 and again in the evening from six to eight. She balanced this strenuous schedule with school homework and then doing A-Levels to get to university. I did figure and free skating and dancing I had a dance partner but not to do competitions. I was an international gold medalist in figure and free skating. I competed at junior and national level and senior competitive competitions but I never made the British team. She was a contemporary of Olympic champion Robin Cousins who she knew from when they competed as children. Her parents may not have It is so easy to define a person simply in terms of the one frame through which you meet them but does the job that we do today really cover all that we are - or have been Even in a small community like Jersey you can find a wealth of interesting histories hobbies and experiences sitting just beneath the surface of the person you thought you knew so well. It is those stories that we will be telling in this new series of features My Secret Life. If you know someone who should feature here please e-mail editor bailiwick publishing.com www.bailiwickexpress.com MARCH CONNECT 53 been the pushy kind but nonetheless their support was vital as she explains It was an expensive sport and I m going back 40 years. In my teens I would have two pairs of handmade boots on the go at one time. They were handmade in Austria and cost 100 a pair and different types of blades for figure and free skating at 20 to 50 a pair. And it cost 26 a week for skating lessons. Not a cheap sport to take up. I did consider becoming a professional skater or becoming an instructor but I never wanted to spend my whole career doing it. It was not something I wanted to do for a career. So how did she pluck up the courage to make her first jump on the ice Skating instinct she replied. I just took off and did it The first time was not that high but you get better and more confident. The height comes from the speed and there is lots of falling over until you get it right. Skating has changed a lot. It s far more athletic than I remember. When the first triple jump was done that was really something and now they do six or eight in a programme. I have to admit I was never destined for international stardom but I was very lucky that I thoroughly enjoyed it and I had a very strict instructor who in his time had taught the West German ice dance team and also Emmeric Danzer who became European and World Champion. He was a very good instructor and his discipline was intense and he insisted that we behave properly at all times. He also encouraged us to help people who were just starting out. Skating was very expensive in those days and some could not afford it. So we had beginners classes on a Saturday morning and we would go one-toone with the beginners. That discipline has stayed with me and helped me. Getting up early in the morning as a child I think has stayed with me. It is amazing. I think the strength of character and the time I put into business has come from the discipline that I put into my skating career. Like all skaters she has knee problems. But then when you are young and enjoying yourself you don t realise the harm you may be doing - or that it will come back in later life. Nonetheless she would still recommend it to children. I think it helped to form my professionalism and character and I was very fortunate because I got the support of my parents. Some parents are living what they wanted to do through their children but I was very fortunate that my parents weren t like that. When I told my parents that I wanted to give it up my father said when at the end of the week I gave up competitive skating when I went to university but I still skated socially into my early 20s and yes sometimes I did show off she said. Her lasting legacy has been teaching her seven nieces and nephews to skate. That discipline has stayed with me and helped me. Getting up early in the morning as a child I think has stayed with me. It is amazing. I think the strength of character and the time I put into business has come from the discipline that I put into my skating career. 54 CONNECT MARCH www.bailiwickexpress.com www.bailiwickexpress.com MARCH CONNECT 55 O eac ut h dne We ay sd the first to know Happy Monday With over 548 jobs online at www.bailiwickexpress.com and an email service sending the latest jobs straight to your inbox there s no better place to start your job search than Bailiwick Express. Why not sign up today And enjoy your next Monday www.bailiwickexpress.com Jersey news and classifieds wherever you are - online on your mobile and on your tablet D E A D LY D I A R Y States Tuesday 4 March Right OK here we go Shipping Law amendments drainage amendments appointment of an Overseas Aid Commissioner compensation for investors... hang on. What s going on here Where s the pointless navel-gazing nonsense about States reform Could it be Have they finally lost interest in their own problems Really No. They re going to be talking about a law covering when States employees can stand for election and when they have to go back to work. Right. Retail Sales Index Wednesday 5 March Ah some delicious figures about retail sales just the thing to cheer Deadly Diary up. The last figures showed a 1% drop in sales volumes in food and non-food items. In total sales value terms the non-food side is more or less where it was back in January 2007 (once you strip out seasonal adjustments) while the value on the food side has gone up by a third in the same period. If you look at the disparity it s almost like people have found another magical place where there s more stuff on sale for less money in the last seven years...hang on... Chamber of Commerce lunch Wednesday 12 March - Joly Dixon Chairman of the Fiscal Policy Panel Confession time. Deadly Diary does not understand the Fiscal Policy Panel s reports. Too many numbers too many graphs too many made-up words like GVA and monetary . They seem to try to politely say that it s all a bit wonky but then the politicians turn up and insist that they were actually trying to say that everything s fine and there s nothing to see here move along etc. Joly Dixon is an expert EU economist who knows what he s on about if they can keep him away from the numbers and the long words this might be quite good. Housing Affordabilit y in Jersey report 2013 Wednesday 12 March Sounds easy right Not very is the answer DD would guess There s a little more to it than that apparently. The headline from the last report was that a household with a typical income was unable to afford a mortgage for a typical house and that the gross income needed to pay a mortgage on a typical house in 2012 was 2.2 times the typical salary. This report will tell us if and how all of that changed last year. Institute of Directors Lunch Tuesday 18 March - Economic Development Minister Alan Maclean Deadly Diary - every month Connect will be flicking carefully through the future calendar of political and business events ...and chewing over what it finds there. The snappily-titled speech is Jersey public sector reform can we do it Yes we can Besides mimicking both Bob The Builder and Barack Obama in the speech headlines the boy Maclean has just about the worst timing in the world having become Economic Development Minister in just about the same month that the world economy fell off a cliff. But with this subject he s on to something potentially fruitful. He should expect a pretty friendly crowd for a speech on public sector reform but there could be something big in it. www.bailiwickexpress.com MARCH CONNECT 57 THE ADVISOR The perils of buying a house If you ve ever watched Channel 4 s programme Location Location Location you will have at least once seen either Kirsty or Phil putting in an offer for a property on behalf of a purchaser with the closing words to the estate agent ...and you will remove it from the market It is a good move to make thereby limiting the chance of gazumping because fewer people will become aware of the property. But how confident can you be that the estate agent will actually remove it from the market Until recently I thought you could be almost 100% positive that a property would be removed and for sale signs taken down. After all if the vendor the estate agent s client instructs the agent to remove it then surely the agent is compelled to do so. If he or she failed to remove it it would run completely contrary to the client s express instructions. Unfortunately I have learnt first-hand how totally unsatisfactory the practice of buying and selling property in Jersey really is because what you are told is often worth nothing at all and is just an array of worthless words. Last year I put in an offer for a property which had been sitting around on the market for quite some time. There were many problems with the property and it was being marketed by two estate agents in the Island. In order to show commitment I agreed to provide a deposit to the vendor s lawyers so that if I pulled out of the transaction the deposit would be lost. Such a commitment gives assurance to the vendor you are not messing them about because in Jersey all negotiations are subject to contract and any party can withdraw without penalty right up until the moment contracts are passed in the Royal Court. I didn t ask for any sort of monetary guarantee from the vendors in return. All I asked was that the property be removed from the market. I was too busy to keep hammering on about the breach of the agreement. I was concerned and dismayed that my openness and honesty was not being reciprocated. As time passed (remember there were problems with the property) we eventually reached a stage where completion was imminent. Six days before completion of contracts I discovered that one agent was not only continuing to display the property but was actually actively marketing it by holding open viewings. What on earth was going on I was determined to find out. I did find out. I discovered that despite the vendors instructions the estate agent had simply decided to totally ignore and disregard the instruction and hold viewings. But why Perhaps in the hope of securing a better offer and cashing in on the commission What other motive could there be Lawyers estate agents car salesmen and the like are often criticised over their conduct and most of the time probably unfairly. But when an estate agent behaves in this way the criticism is justified and tars others in the industry with the same brush. It is nothing short of appalling. Where has professional etiquette gone Do other agents really want to be pigeon holed with bad practice because of what another of their number decides to do Do those other agents not want to ostracise the black sheep and keep their profession clean In my view it is high time that estate agents were more heavily regulated. There are plenty of good professional agents out there who are being scarred by this sort of conduct and actually while regulation is often painful and tedious I think it would greatly assist the good and weed out the bad. If I had been a vendor - and I discovered this practice - I would have immediately withdrawn my instruction from the agent and been poised to bring an action against them for breach of contract. The agent s action in this sale seriously jeopardised the transaction because I was a hair s breadth away from completely withdrawing. Such an action would have put the vendors back months in their search for a purchaser. I know the agent concerned and I will be only too eager to advise my clients to steer well clear. My role as a lawyer it to advise on legal matters my role and duty as an individual is to treat others as I would want to be treated myself. I will make sure my clients know of my regrettable experience. Olaf Blakeley is an Advocate specialising in litigation and commercial law If you have a legal question you would like to put to Advocate Blakeley please email editor bailiwick publishing.com If I was going to show my commitment it would be nice if it were reciprocated. The vendors agreed. Their lawyers contacted the estate agents remember there were two and told them to remove it from the market. Did they No they did not. Perplexed I asked again. The lawyers gave the instruction again. The property remained on the agents websites and in their windows. Did they not understand the simple instruction Were they somehow confused that an instruction to remove it from the market actually meant keep on marketing it 58 CONNECT MARCH www.bailiwickexpress.com Need a manager to help during peaks of demand Wish someone could help organise you Unable to obtain additional headcount This is where we come in... We provide superior executive assistance marketing support new business development and project management. You simply buy hours with us to help you get over your pinchpoints at work. Still unsure Heres what our clients say... BEBS professionalism shined through. Their ability to see the big picture in a project and then to be able to break it down to deliver individual services worked well for us. Tracey at BEBS is an excellent marketer and manager. Tracey at BEBS has a natural networking ability putting people at ease developing rapport and as we know people deal with people they like If you are an entrepreneur a consultant or a small business owner and need more time to focus on income-generating tasks and building your business call Tracey Bull today on 07797 734 505 or email tracey bebsltd.com to find out how BEBS can help. www.bebsltd.com Search for BEBSltd on... Law 2014 Neville Benbow. Chief Executive Officer The Law Society of Jersey. Foreword Contents Employment.......................................... II Family ......................................................... IV Litigation .................................................. VI Property ................................................ VIII Wills & Probate ....................................IX Directory..................................................XII Jersey is justifiably proud of its position as one of the world s leading international finance centres. It is a status that has taken many years to achieve yet requires constant focus and effort to nurture and protect as well as to develop and adapt in line with changing market circumstances and international demands. There is much to be said for Jersey s history of financial stability and security but for it to maintain its standing internationally and to retain a competitive edge in a dynamic and ever-changing world it needs to have a sound political environment an effective regulatory structure and a robust yet flexible legal infrastructure that collectively gives confidence to investors residents and the international community is conducive to business and operates in line with international standards and expectations. While it is clear that Jersey enjoys a political regulatory and legal landscape that enables it to maintain its status in the premier division of international finance centres it is important to recognise the role that key stakeholders have in achieving and maintaining this positioning. Arguably one of the major contributors in this respect is the part played by Jersey s legal profession. While it is a profession that is steeped in tradition and heritage it has adapted to Jersey s needs and aspirations acting and reacting to market trends and opportunities and has been instrumental in helping Jersey to attract business both locally and internationally providing effective and flexible support for new streams of business activity and revenue for the Island. With legal expertise spanning the whole spectrum of banking corporate finance trust funds property personal and offshore law lawyers in the island s play a critical role in establishing and maintaining Jersey s position as a jurisdiction of trust and integrity that is fit for the business world of the 21st Century. The legal profession in Jersey is immensely proud of its contribution to the Island for its service to the personal and business community in representing their interests and in upholding the rule of law as well as in its provision of Legal Aid and the revenue it generates for the local economy much of it derived internationally. Equally valuable is its role in supporting and sustaining existing business streams while securing new business opportunities for the Island underpinned by legislation that members of the profession have been instrumental in creating and updating ensuring that the confidence of investors is maximised while ensuring that international standards are met at all times. This supplement details some of the recent developments in the law which are critical to the maintenance of Jersey s position as a well regulated and respected jurisdiction. I hope that you find the contributions both of interest and value and that if nothing else they improve your understanding and access to the laws upon which so much in the island depends. Employment Law A decade of change On 1 July 2015 it will be ten years since the Employment (Jersey) Law 2003 came into force. Jersey s labour law framework may still appear light to outsiders but there have been enormous changes since 2005. The Employment Law has already been the subject of seven amendments and modern industrial relations legislation was implemented in 2008. A revised code of practice on disciplinary and grievance procedures will be in force from April this year the nondiscrimination law is planned to come in on 1 September 2014 and in 2015 we expect to see the introduction of a range of family-friendly measures. These continual changes are challenging for businesses particularly those that have struggled to stay afloat during the recession. This article considers the work of the Jersey Advisory and Conciliation Service (JACS) and the Jersey Employment Tribunal notes the fundamental principles set out in the revised code and raises questions about the discrimination law. steadily over the years peaking in 2011 to 2012. Last year saw a slight decline and a marked fall in redundancy-related matters. However the number of claims referred to JACS by the tribunal continues to rise and the number of trade union contacts rose by 70% from 2012 to 2013. In 2013 75% of new claims forwarded to JACS by the tribunal were settled by JACS conciliation removing the need for the case to progress to a final tribunal hearing. While the increase in requests for advice or conciliation on trade union-related matters is startling there were no strikes in 2013. These figures indicate that the organisation is effective in tackling workplace issues with one of the merits of a conciliated outcome being that negotiations take place in private preventing the airing of dirty linen in public. JACS will not be the right port of call for every query - it may not be able to assist in personal injury intellectual property or complex restrictive covenant matters for example but it can add value in a wide range of workplace disputes at no direct cost to the consumer. a final hearing both the hearing itself and the judgment will be public (save in rare cases including those involving sensitive commercial information or allegations of sexual misconduct). The concept of open justice is enshrined in Article 6 of the European Convention of Human Rights. Even before the convention became part of Jersey law it was frequently noted that it is important not only that justice should be done but also that it should be seen to be done. The very nature of public justice exposes an adjudicator to scrutiny which will inevitably highlight flaws even in the most robust of organisations. In 2012 in response to what he described as increasing levels of criticism the Minister for Social Security Francis Le Gresley appointed a UK employment lawyer Darren Newman to carry out a review of the workings of the tribunal. In the introduction to the Newman Report published in 2013 the Minister noted that the review found that the tribunal is not biased in favour of employees and the criticism that tribunal decisions are inconsistent is unfounded. It is inevitable that employers will often be dissatisfied when a tribunal finds in favour of the II Jersey Advisory and Conciliation Service The number of enquiries received by JACS has grown Jersey Employment Tribunal - 2013 Newman Report If a case cannot be resolved through negotiation and goes to CONNECT LAW www.bailiwickexpress.com About Callington Chambers Callington Chambers specialises in employment law (including discrimination unfair dismissal and contractual disputes) providing advice and representation in the Tribunal and Royal Court for senior executives businesses and the public sector. Callington Chambers also deals with related areas such as data protection and directorships. employee particularly where this brings a cost to the employer. With our plans to bring discrimination legislation into force in the second half of 2014 it is vital that the credibility of the Employment Tribunal (proposed to be renamed the Employment and Discrimination Tribunal ) is reinforced . In 2014 the Chamber of Commerce s retail committee chairman Gerald Voisin referred to a crisis of confidence in the tribunal following the overturning of a tribunal decision by the Royal Court suggesting that the Minister s view was not universally shared. Revised Code What was clear from the Newman Report was that certain businesses (often smaller businesses with no HR officer) were still struggling to come to terms with the requirements of the Employment Law and failing to adhere to basic principles of fairness. The revised code may help to address this as it lists seven points to be borne in mind by employers when managing disciplinary issues Actionshouldnotbetakenin the heat of the moment but only after appropriate consideration and reflection. Beforetakingaction the employer should carry out an investigation aimed at discovering the facts. Theemployeeshouldalways be fully informed of the grounds on which the employer is considering disciplinary action. Theemployeeshouldhavea reasonable opportunity to put his or her side of the story. Anyexplanationputforward by the employee should be considered by the employer with an open mind. Anydisciplinarypenalty should be proportionate to the offence committed and appropriate in the circumstances. Wheretheemployerhastaken disciplinary action the employee should have the right of appeal. The revised code is written in plain English and should be mandatory reading for all managers. It will not replace a company s disciplinary and grievance procedures but should be considered alongside them. The code will be published on the JACS website www.jacs.org.je Red tape or respect The Discrimination Law will introduce additional statutory concepts (including direct and indirect discrimination and victimisation) and broaden the scope of the tribunal beyond the employment sphere into education access to premises and the provision of services. Adjusting to these changes will take time. Is this all just more red tape Or should we consider the developing legal landscape a statement of respect for the Island s population in all its rich diversity Advocate Vicky Milner. Callington Chambers vicky.milner callingtonchambers.com www.callingtonchambers.com 01534 510250 Family Law Fast cars hiding assets expensive new partners What effect can these have on the outcome of divorce proceedings By Advocate Rose Colley family law specialist at Viberts Jersey Lawyers In recent months ther e appears to have been a number of cases both in Jersey and England where conduct during the divorce proceedings has become an issue. In these cases one party s approach to the court proceedings has been characterised by particularly bad behaviour such as a failure to disclose assets excessive expenditure or attempts to move assets out of the reach of the courts. There are a number of issues that arise from such behaviour Howcanthefamily court deal with these issues and what will the effect be on the division of the assets Whattypeofbehaviour is considered by the family courts to be bad enough Canthefamilycourt penalise the party who is behaving badly by making costs orders against him or her Before the English family court there are the recent examples of the cases of Prest v Petrodel Resources Ltd [2013] and M v M [2013]. In the Prest case the conduct of the husband was described by the Supreme Court as characterised by persistent obstruction obfuscation and deceit... and in M v M the court stated that the husband was a shady puppetmaster in the background . Apart from contempt of court proceedings (which are generally available where court orders are breached or ignored) within matrimonial proceedings the court can deal with these issues either by making what are called adverse inferences or add backs . This can be a very difficult balance for the court to get right. However there is now plenty of case law to guide the family courts and it is now more and more unlikely that non-disclosure or hiding of assets behind structures will be tolerated in divorce proceedings. Adverse inferences This allows the court to make orders by assuming that assets do exist and making financial orders that reflect this finding. Again the Prest and M v M cases are good examples of this. In both cases the court concluded that the husbands were beneficially entitled to properties where the legal title had been vested in corporate bodies. Lord Sumption in Prest stated that ... judges exercising family jurisdiction are entitled to call on their experience and to take notice of inherent probabilities when deciding what an uncommunicative husband is likely to be concealing . However the court does need to be very careful to ensure that there has been material non-disclosure by the husband or the wife and not to simply jump to an adverse finding. At the same time the judge must ensure that the non-discloser does not get a better result than they would have done had they properly disclosed all of their assets. Add-backs This is a remedy available to the court to mitigate or compensate one of the parties for the effects of the other party s financial misconduct during the proceedings. Most usually it takes effect through a reattribution of (some or all of the) funds to the party who is responsible for reducing the assets. Where money or assets have been spent dissipated or disappeared the question that the court has to ask is whether the spending is reckless or wanton. An example of this is the case of Vaughan v Vaughan [2007]. In this case the wife claimed that during the 18 months since separation the husband had either hidden or recklessly spent over 196 000. The court held that it was essential that there was clear evidence of the dissipation but at the same time a spouse cannot be allowed to fritter away the assets by extravagant living or reckless speculation and then claim as great a share of what was left as he would have been entitled to if he had behaved reasonably . IV CONNECT LAW www.bailiwickexpress.com About Viberts Viberts is a full service law firm providing an effective and personal service to a wide range of clients. We focus on building long-term relationships and tailoring our services to meet client needs. We put our clients at the heart of everything we do providing excellent service to private clients financial institutions corporations and governments. What can constitute an add-back The golden rule is that the court has to decide if the asset remains within the court s reach. A good example of this is that the purchase of a fast car is not prima facie wanton or reckless expenditure. It can be included in an asset schedule and it can therefore be sold or transferred to the other party. The car may well have depreciated though and this would be an argument for an add-back in respect of the lost value. Other cases where add-backs have been argued include Expensivenewpartners-it will then depend on whether or not the new partner is being given a better lifestyle than was enjoyed during the marriage Gambling-thiswilldepend on the facts of the case Plasticsurgery-againthiswill depend on the facts of the case In a number of cases there can also be an issue as to whether or not the financial misconduct complained of took place during the separation or during the marriage. On the face of it there is no distinction between the two. However it is clearly the case that if the conduct complained of took place during the marriage it will depend on whether the other party had knowledge of it. For example it may be very difficult (as was recently alleged in a case in Jersey) that an add-back was applicable where a wife had spent many thousands of pounds on clothing as it was apparent that the husband was aware of this and accepted the spending. The add-back argument during the marriage is also weakened if the spending was a long time ago and the marriage continued in spite of it. The court when considering add-backs may also take into account the length of the marriage. In the much-publicised case of McCartney v Mills McCartney [2008] which was a short marriage of just four years the wife could not expect that an extravagant standard of living would be continued. The judge took the view that the wife had a mind-set of spending in order to inflate her budget up to 3 million per annum and that she felt she was justified in doing this. The judge added back 500 000 to represent completely unreasonable expenditure during a 15-month period. Caution does need to be taken however before either party embarks on arguments in respect of financial misconduct. In order to put these arguments before the court the legal costs of the parties will be hugely increased. In cases that involve substantial assets such arguments may well be worthwhile and in some cases essential in order to establish what the true assets of the marriage are. However in smaller money cases alarm bells do need to ring as in these cases needs will almost certainly trump any add-back argument and this will be particualrly so where the asset no longer exists. This does mean of course that where there is less money the injured party is less well protected from their spouse s reckless spending than the wealthy. This will be so even though the impact of that overspending may be very severe on the injured party and often the children. Every divorcing party must therefore bear in mind the ways in which the court may deal with bad behaviour. Finally if such behaviour is found by the court it will inevitably lead to costs orders being made in addition against the offending party. In conclusion divorce is of course a stressful time for all involved in it but the lesson to be learnt from this article is that fast cars and extravagant spending may feel wonderful at the time but the end result could be very painful both in terms of making proceedings more stressful and more expensive for all involved. Advocate Rose Colley. Viberts Jersey Lawyers 01534 888666 jersey.lawyer viberts.com www.viberts.com Litigation Legal Aid time for a change The cost of legal advice and representation is expensive. In Jersey the Legal Aid system provides free legal advice and representation to those who cannot afford to engage a lawyer. But does the system work Is it time for a change In this article I look at the good and bad points of the current system. First the good. In general terms the system works. All Jersey Solicitors and Advocates are required for the first 15 years after their initial qualification to provide free legal advice on a rota basis (sometimes a modest financial contribution is required depending on a client s income). This can be quite a daunting demand on a lawyer and the amount of work required will depend on the particular cases assigned. For instance a simple drink-driving matter can be dealt with in a few hours while on the other hand a full-blown fraud trial will take up months of work (I ve had my fair share of those). What I can say without hesitation is that every lawyer I know puts 100% into representing legal aid clients. So in respect of a lawyer s commitment to their client the system works. In fact it works very well. Yes there are always members of the public who believe the service given on legal aid is somehow sub-standard in comparison to the service given to private paying clients well it s not. The problems with the system start to emerge when the lawyer assigned to a case is not proficient or suitably experienced in the field of law relating to the particular matter. Would you honestly want a commercial lawyer whose dayto-day work is reading company merger documentation to represent you in a jury trial The answer is an obvious no . However under the current system a lawyer s capability has no relevance or bearing on assigning him or her to you for your matter. It is a rota basis and you are assigned the lawyer who is next on the rota. You can liken it to a linear tombola. This is an odd feature of the system because the whole rationale of having the legal aid system is to ensure equality of arms so that you have adequate comparable legal advice against your opponent. It is obvious that if your lawyer is not familiar with the law relating to your case while conversely your opponent s lawyer is a specialist in that area then there is no equality of arms. That is not right or fair. The system does not always provide equality of arms. Accordingly it is a system that does not work. Every lawyer knows the system is not perfect and is aware of its shortcomings. Many are openly vocal about the deficiencies while others would rather keep quiet and not stick their heads above the parapet. For my part I believe that the system requires change and a change that will assist both lawyers and their clients alike. There is simply no point in pretending the system works or ignoring its flaws. Yes there are the old-timers who will tell you in their day they all had to muck-in . Well with respect that was in their day. Times change. Legislation becomes more and more extensive and complex requiring particular experience and specialisation. Anyone who thinks the system is entirely adequate is either not being honest or has not really computed all the issues. Why do you think that there are specialist matrimonial lawyers expert trust lawyers or lawyers who concentrate on criminal work Because just like in many professions the depth of knowledge required in particular fields is so extensive that specialisation is required. You don t go to your GP to have your brain tumour removed do you VI CONNECT LAW www.bailiwickexpress.com About Blakeley Legal Blakeley Legal is a law firm specialising in litigation commercial trust and regulatory matters. It is recommended by the Legal 500 and has for the last two years been awarded title of Litigation Firm of the Year in industry awards. Alongside its specialisations the firm runs a general legal practice providing advice for local people and businesses. So why should you be appointed a lawyer to advise you in an area he or she has never once tread It s not just bad for the client. It s also bad for the lawyer. I know everyone thinks that lawyers are dripping in money. That is not the case but I m not going to bang on about that misconception again you can either accept it or not. The point I want to highlight is the effect of the legal aid burden on small firms. Imagine the sole practitioner he has a week-long case to present in court he has at least twice that time in preparing for the case for almost a whole month he will be unable to earn because he is tied up on a legal aid matter. That can have a devastating effect on the viability of the practice. Sometimes there are even more complex cases that could quite literally bankrupt a small legal firm. Luckily the Legal Aid Vote assists in such onerous cases. In certain cases there exists a discretion to give funding to the lawyer from public funds. It is very fluid in its application but my view is that part of the system actually works very well. Public money is not squandered but equally is not withheld from cases in which it is appropriate. The key to its success is flexibility. If there was a little more of this flexibility in the assignment of legal aid cases then I think the system would improve. The system needs to change. It worked very well in the days when there was less legal representation required. It worked very well in the days when specialisation was less commonplace. But times have changed and the system has not changed with the times. In the coming months in my regular article in Connect I will be setting out possible alternatives to the current system including my suggestions for bringing legal aid up to date. Advocate Olaf Blakeley. Blakeley Legal. info blakeleylegal.com 01534 502700 www.blakelylegal.com Property Law Good advice pays dividends After a subdued period for the last few years there is a sense of things improving on the commercial property scene. We are starting to get more enquiries from corporate clients who are thinking about relocating or moving to larger premises. Moving a business can be an expensive operation so it is critical you take on new premises at the right commercial terms and whilst ensuring business continuity. The worst case scenario is where you end up paying double the rent because you re liable for two properties or you are stung with a hefty dilapidations bill. First off you need to take advice on exiting your existing lease arrangements. If you have a break clause in an existing lease you need to ensure that the break right is not conditional. A conditional right could mean you will have to ensure rents or other outgoings are paid up by a specific time to avoid penalties. For example if there are existing dilapidations at the time of issuing the notice then these could potentially be in breach of the terms of the lease. Dilapidations are very important for commercial leaseholders. These are the breaches in repair and condition clauses in a lease. If a tenant has not kept up maintenance or has altered a building they are liable to put it back the way the lease says it should be. The cost to ensure you cover your dilapidation obligations can amount to tens of thousands of pounds - and that is why it is important to get joint advice from a lawyer and a chartered building surveyor. They can act on your behalf in negotiations reducing your liability and ensuring you are being fairly treated whilst complying with your lease obligations. Timing is essential if you are looking to exit a property then you will either need to vacate the building before the end of the lease to allow the repair works to be carried out or negotiate a payment to the landlord to cover the costs of the repairs. In the meantime you need to have your new premises ready and all the paperwork signed to avoid a temporary re-location that will be costly and inconvenient. The new premises paperwork is the other critical factor. Firstly you will need a good commercial agent to help negotiate the rents. Next you might need a pre-let agreement especially if the property is not yet built or the landlord has promised certain modifications re-decoration. The pre-let agreement will clearly set out what it is you have agreed to and the condition in which the premises are going to be handed over to you. Obviously this is essential for large enterprises committing to long running leases with brand new office blocks that only exist on paper. Smaller businesses are probably less likely to need a complicated pre-let VIII CONNECT LAW www.bailiwickexpress.com About Ogiers Our commercial property team is well known for completing large complex transactions with accuracy and speed. We provide a responsive commercially aware service for large and small businesses. Equally we also handle a range of local residential transactions ranging from the most prestigious properties to flats and starter homes. We are highly recommended by local agents banks and our clients. agreement but they will still want to have a document that details what their landlord has agreed to do prior to occupation. We would recommend obtaining legal advice on an existing building lease for multi-let buildings to ensure that risk has been allocated appropriately. Whatever your business size it is important when taking on a new lease to have the right break clauses and a full schedule of dilapidations for the future. By ensuring the new lease is all clearly detailed and set out you will avoid any future problems. In addition a schedule of condition documented from the outset will ensure that you are only liable for your own dilapidations not those of the previous tenant. Throughout all of these negotiations it is important that you choose a legal team that is pro-active that explains the risks to you clearly is pragmatic and responds quickly and efficiently. They also need to work with your professional team who might include surveyors architects and in house staff. Here at Ogier we are a forward-thinking property team. We work with small businesses to large corporates and our focused business and property team caters specifically for the local Jersey market. We provide value for money and have alternative fee structures including a fixed fee offering should you want to ensure there are no surprises. Most importantly we make it happen and with a quality of service that ensures we are putting the client s interests first. Advocate Jonathan Hughes. Ogier Property Partner. info ogier.com 01534 504269 www.ogier.com Wills and Probate Five excuses why I don t need a will 1. Everything will go where I want it to anyway so why bother With no will in place your assets pass in accordance with the intestacy rules contained in the Wills and Succession (Jersey) Law 1993 (as amended). There are different rules for personal estate and real estate your children. You may have presumed your personal estate passes automatically to your surviving spouse but this will only be the case if your personal estate is worth 30 000 or less. money in your current account or a life policy that you have has not been nominated and so pays to your estate If you own anything of value be it monetary or sentimental you should consider having a will. We work hard for what we have so it is important that our personal effects are distributed in regards to our wishes (having due regard to our obligations under the Wills and Succession Law). If you are single you may not want your estate passing to your family members under the intestacy rules instead you may wish for your estate to pass to a friend a godchild or a charity. Charities are grateful for all donations regardless of the value involved. 3. I can write something down myself Homemade wills are often ambiguous and can lead to uncertainty which may present people with an opportunity to dispute what your intentions were. Costs may be incurred as lawyers get involved to resolve the dispute or establish original intent while delays are inevitable not to mention the 2. I don t have anything to leave Nothing at all What about your personal effects or the emotional upset and or ill feeling generated between those involved. Real estate As with personal estate if you are an unmarried person (or a widow widower) with no children your real estate will pass as with your personal estate to the heirs at law. If you are married and have children the surviving spouse has the usufruct or life enjoyment of the matrimonial home. In addition the surviving spouse and children share equally in any other real estate. Perhaps you presumed that your real estate passes automatically to the surviving spouse but again this is only the case if the real estate is held by the spouses jointly as joint tenants and so passes to the surviving spouse by survivorship. The only way you can be certain your wishes are reflected is to have a will in place. Personal estate If you are an unmarried person (or a widow widower) with no children your personal estate will pass to the heirs at law to your brothers and sisters before your parents. Is that what you would want Your personal estate may end up passing to relatives you do not know or do not like. Your partner or cohabitee will not currently inherit under the intestacy rules. If you are married with no children your personal estate will pass to your surviving spouse. Perhaps this reflects your wishes but what would happen if you died together in an accident If you are married and have children the surviving spouse will inherit the household effects 30 000 and half the residue of your personal estate. The remaining half passes to IX CONNECT LAW www.bailiwickexpress.com About Voisin Law Voisin is a leading Jersey law firm with particular expertise in commercial matters litigation commercial and residential property matters and private client services. Our Probate and Estate team assists in the preparation of Wills estate planning and the administration of estates for local and international clients holding assets in Jersey. There are also legal technicalities you may not be aware of which may render your homemade will invalid Hasthewillbeenexecuted correctly Whatifthebeneficiary predeceases you have you provided for this situation Are you aware if you have any obligations under the Wills and Succession (Jersey) Law 1993 (as amended) Haveyouappointedan executor and do you understand their role - if not how can you choose the best person for the job Haveyouconsideredthe guardianship of your minor children or any legacies gifts you want to make provision for pets or declarations confirming funeral wishes and domicile Ifyouownrealestatein Jersey do you know that it is common practice to draft two separate wills one to deal with your personal estate and one to deal with your real estate Doyouappreciatethatthe provisions in your will of real estate can affect the amount of stamp duty payable (if any) when you die Seeing a solicitor has the additional benefit of an independent person taking your instructions and preparing the document. They also confidentially store your original will free of charge. 4. Having a will prepared is too expensive We will meet you free of charge (and with no obligation) to discuss your will instructions. If you want us to go ahead and prepare one we will first confirm our fixed charges so that you are aware of the cost incurred right from the very start. Our charges are competitive and may be lower than you think. 5. I work 9 to 5.30 Monday to Friday so I don t have time to make a will We are flexible when making appoin tments and will endeavour to meet you at a time that suits you. We would meet you to take your instructions and a second time to sign the will. You can also download our will instruction form from our website complete it and send it to us. We will prepare a draft will and then need to meet with you to discuss the will and any queries you may have before signing the will. Anne Hembry and Sarah Hope. Probate and Estates team at Voisin Law annehembry voisinlaw.com sarahhope voisinlaw.com www.voisinlaw.com The directory Address Telephone Email Website Callington Villa La Route De St Aubin St Helier Jersey JE2 3IN 44 (0) 1534 510 250 info callingtonchambers. com callingtonchambers. com Lincoln Chambers 31 Broad Street St Helier Jersey JE2 3RR 44 (0) 1534 502 700 info blakeleylegal.com blakeleylegal.com 4th Floor 37 Esplanade St Helier Jersey JE1 1AW 44 (0)1534 500 300 mail voisinlaw.com voisinlaw.com Ogier House The Esplanade St Helier Jersey JE4 9WG 44 (0) 1534 504 000 jsy ogier.com ogier.com XII Viberts Jersey Lawyers P O Box 737 Don Street St. Helier Jersey JE4 8ZQ 44 (0) 1534 888 666 jersey.lawyer viberts.com viberts.com CONNECT LAW www.bailiwickexpress.com If disaster strikes... ...how long could your business afford to be out of action An hour a day a week If you are concerned about what you would do in the event of your premises being inaccessible but don t want the hassle or expense of running your own Business Continuity site we can help. 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FUELLING BUSINESS AMBITION Santander Corporate and Commercial Banking is a trading name of Santander UK plc registered in England company number 2294747. Registered office at 2 Triton Square Regent s Place London NW1 3AN. Santander UK plc Jersey Branch is regulated to carry on deposit taking business under the Banking Business (Jersey) Law 1991 by the Jersey Financial Services Commission. Its principal place of business in Jersey is at Third Floor 19-21 Commercial Street St. Helier Jersey JE2 3RU. Santander UK plc is a participant in the Jersey Banking Depositor Compensation Scheme. The Scheme offers protection for eligible deposits of up to 50 000. The maximum total amount of compensation is capped at 100 000 000 in any fi ve year period. Full details of the Scheme and banking groups covered are available on the States of Jersey website (www.gov.je) or on request. Santander and the flame logo are registered trademarks.