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Mental Health law: Support, resources, and insights.

We have come a long way in terms of awareness and support, but Mental Health matters continue to have a stigma and an air of uncertainty overshadowing them. For example, a 2016 survey by Time to Change Wales revealed that 1 in 10 people believe that people with mental health illnesses can never fully recover, and 1 in 7 believed that people with mental health problems should not be allowed to hold public office. People still have reservations about speaking openly and honestly about their personal mental health experiences and challenges.

In a bid to raise awareness, the CJCH Solicitors mental health department have shared insight into some of the information we believe people should be aware of when it comes to mental health law.

We asked Craig Mills, a solicitor in the mental health law department to answer a few important questions:

What the aim of mental health law is?

The Mental Health Act protects the rights of people with mental health challenges, not only when someone is detained in hospital but also when someone is being treated for their ailments within the community under the Act. People should only be admitted to hospital against their wishes when it is essential to their health and safety or the protection of others.

What should people be aware of when it comes to matters relating to mental health?

Personal rights are an important thing for people to be aware of. There has been a lot of mental health advocacy recently and people need to be aware that it can affect individuals in a number of different ways  (Read a recent article in BBC News on South Wales Police wanting mental health lessons for youths). It can sometimes be difficult to identify when/if people are suffering from mental health problems, but it is important that everyone is aware that help is available. There are a number of mental health charities that can provide support.

Here are some links to assist with finding the right support for you or your loved ones:

For an example of how these matters are impacting people in Wales, you can read this recent article about three people’s personal struggle with mental illness which was shared for World Mental Health day.

For more information or assistance with a mental health legal issue, contact our team via email: mentalhealth@cjch.co.uk ; to telephone: 0333 231 6405.

Access to Justice: Supreme court rules to quash Employment Tribunal fees

The Supreme Court has handed down a game changing judgement relating to Employment Law. Seven Supreme Court Justices agreed, in the case of Unison v Lord Chancellor, that the Employment Tribunal and Employment Appeal Tribunal Fee Order 2013 prevented access to justice and furthermore was considered unlawful.

The result of this judgement is that fees structure for Employment Tribunals and Employment Appeal Tribunals has now been removed.

Nigel Daniel, CJCH Employment Law and HR Services Lead had this to say on the developments:

The implications of this decision are numerous. When the fee structure was in place (As of today, it no longer is), employers had a certain protection from vexatious claimants, who may very well have filed a claim hoping for an economic settlement, when in reality the claim may have had no prospect of success whatsoever.

CJCH represents both employers and employees in various matters, and we would predict that this development will result in a sharp increase in new instructions.

Immediately after the introduction of fees, claims to the Employment Tribunal dropped by 79%, so we would expect that trend will see an immediate reversal.

Claimants, who are at their most vulnerable, after losing their job, no longer have to worry about finding £1200 (estimated) to actually get a case to the Tribunal. I still feel, however, that we have a duty to advise responsibly, and inform possible claimants of potential costs penalties if that claimant persists in bringing a vexatious, or malicious case.

Our Commercial Law Lead, Gareth Thompson, considers the point of view of employers:

Since the run up to Brexit and its aftermath, the current government appears to have taken a semi-detached approach to their relationship with business and employers.  Following the election and its now precarious hold on power in parliament, it seems increasingly desperate to demonstrate its ‘People’ friendly credentials.

The announcement that employment tribunals are going to abandon the requirement for fees to start claims might be seen as the latest evidence of this.  The last upwards hike in fees slashed all new employee claims to tribunals by nearly 80%, almost overnight.  The removal of any fees promises to usher in a tsunami like wave of fresh claims.  From the employee’s perspective, this may be perceived as good news and the employment marketplace as a new happy hunting ground.

From an employer’s perspective, it may provoke a collective groan of despair and knee jerk defensive responses.  All may agree that prevention of claims is better than cure.  Some reactive employers may be tempted to simply look even harder than they otherwise have done at anyone employed by them for less than two years and pro-actively purge the ranks of anyone likely to prove problematic in the longer term.

However other employers will sensibly take a more enlightened approach.  They will look hard and long at their recruitment processes to ensure that they take on the right people for them in the first place.  They will also review their training and appraisal policies to ensure they become meaningful and valuable personal development tools instead of internal compliance-driven tick-box exercises.  They might consider giving them representation on management boards or simply have regular meetings to share knowledge and experience, air any issues and invite constructive suggestions for improvement.  They might also want to consider imaginative reward schemes to incentivise everyone employed by them and give them a real vested interest in the success of the business.

Businesses don’t need to introduce truly radical human resource management to prevent negative confrontation.  All that is required to create a positive and productive working environment is good management practice and a healthy dose of common sense. Traditional hierarchies and old fashioned practices should be the first thing to be axed if any organisation is serious about success and growth.  Conversely, an inclusive and all-embracing approach to their workforce should be the first thing to be introduced as the best defence against negative and expensive grievances and claims.

 

#SortYourLifeOut – A mantra of taking control

At CJCH Solicitors, we aim to put our clients first and to support the communities in which we operate. With four offices spanning across South Wales, and two satellite offices in England, we have the ability, expertise and resources to offer our clients a wide range of services in several locations.

Our Family, Matrimonial and Children Law and Private Client departments recently launched a new ad campaign to reach out to people who may have questions and need support in difficult times. We hope to help guide them and ease the stress associated with situations such as planning a will, dealing with the probate of an estate, or considering all elements involved in a separation or divorce. There are many instances when people could benefit from the advice and guidance of an experienced and approachable solicitor, and we at CJCH have made it our mission to improve access to legal support and deliver personalised service.

Our new campaign is called #SortYourLifeOut, which is positioned as a helpful and uplifting slogan rather than the joking and judgemental tone it is often said with.

Take charge of your life. Put your plans in place. Be the victor, not a victim. Sort your life out.

Our campaign focuses on the fact that in every situation we face in life, no matter how testing or difficult, the choice to proactively plan, react and prosper is our choice to make. No one enters a marriage with the dream of it ending, and no one has children with their partner with the plan to raise them in separation, but should these things happen, our team is here to help you take the right steps towards making the most out of it and planning for a positive outcome.

#SortYourLifeOut is an uplifting mantra, of possibility, opportunity and silver linings.

At CJCH, we can help you #SortYourLifeOut.

To get in touch with us and see how we can assist you, click here for our contact details.

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CJCH Solicitors acquires Blackwood based, Patchell Davis

Cardiff based CJCH Solicitors has attained considerable media and industry coverage recently due to our rapid expansion strategy, dedication to client services, thought leadership in global anti-piracy, and commitment to supporting the Welsh community. We continue that trend for service excellence and geographical reach with the recent acquisition of Blackwood based solicitor firm, Patchell Davies.

Patchell Davies Solicitors opened its doors in Blackwood over 30 years ago and has been dedicated to supporting the legal services needs of the local and neighbouring communities ever since.

As of May 2017, Patchell Davies Solicitors was officially incorporated into CJCH Solicitors expanding the practice, already servicing clients around the globe, to six offices across the United Kingdom.

“CJCH is constantly looking to see how it can make the Welsh legal industry a more integrated and customer-centric one. We have achieved levels of working efficiencies and client service excellence that allow us to complete in local markets where pricing is under pressure. Growth has always been our strategy and we are delighted to acquire Patchell Davies who complement our teams of advisors” Nick Wootton, CJCH Chief Financial Officer and Merger & Acquisition Specialist.

 

 

 “We pride ourselves in offering dedicated, personalised and results-orientated legal services to the Welsh community, and now we are proud to have become part of a practice which aligns to our core values and strives for excellence and innovation on a global scale.” Howard Patchell, Director of Patchell Davies Solicitors.  

CJCH has a global Intellectual Property and Technology with a Global Anti-Piracy and Cyber Protection development program, these skills are being rolled out across the firm in pursuit of our goals of establishing Wales and a central hub for Cyber Security thought leadership. The acquisition of Patchell Davies Solicitors will further promote our rollout plan, as we will be identifying and up-skills selected team members within the new Blackwood office to ensure the capability is present in all CJCH offices, and for all CJCH clients.

“The acquisition of Patchell Davies sees us broaden our services into a new geographical area. Our journey to a true customer focused legal practice, with local Welsh values and International capabilities is a continuous and evolutionary one. We see the incorporation of Patchell Davis into the CJCH Group as a step in the right direction towards achieving this goal, and bringing world-class legal support to Wales.” Tim Hartland, Managing Partner – CJCH Solicitors.

CJCH Solicitors contact information: admin@cjch.co.uk; 0333 231 6405

For further information on CJCH Solicitors please visit our website at www.cjchsolicitors.co.uk.

 

CJCH Solicitors backs local sporting tradition: Old Penarthians Sevens Tournament

At CJCH we are passionate about the communities we operate in, and the people we interact without. Outside of the practice of law and delivering impeccable services to our clients, that passion includes contributing to, and supporting, educational development and sport. We are proud to have had the opportunity to support local sporting talents by sponsoring the Old Penarthians Sevens Tournament this past weekend.

Full details of the events are provided in the club’s press release below:

The 68th running of the Old Penarthians Seven-a-Side tournament, sponsored for the first time by CJCH Solicitors took place on Saturday 20th May at Cwrt-y-vil Playing Fields.  And despite the poor weather during the week leading up to the event and the rain still falling an hour before the start of the tournament the matches themselves were played under blue skies and sunshine.

The attraction of Seven-a-side rugby was also a testament to the many hundreds of spectators who turned up to support an event that is an integral part of the Old Penarthians season.  Unfortunately, one integral part, Roy Churchill, was not present but in a moving tribute to the club’s former President, all players gathered on the main pitch prior to the event to join the spectators and members of the Churchill family in a minutes’ applause.

Whilst Roy’s memory will never be replaced his compere duties on the day were taken by Trevor Murphy, who forsook his Irish lilt for mid-Atlantic anonymity, assisted by tournament organiser David James with a cameo role from Club Secretary Tony Crimp.

The organisation of the day was managed smoothly and despite the late withdrawal of three teams and some confusion with the scheduling not matching the order of the games listed in the programme not many of the spectators or players were inconvenienced or even noticed.

In fact, the most disturbance caused during the afternoon was at the start of the tournament when the roof was blown off the marquee.  Not that the volunteers manning the stalls and food outlets were phased in any way and operations continued uninterrupted.  Fortunately, the roof of the hospitality tent remained intact and the patrons were able to remain sheltered, watered and fed to a high standard by hosts Rod Hill and David Chandler, whilst enjoying Sevens rugby of an excellent standard.

And the tournament started in impressive style when Old Penarthians played St Josephs and ran out winners by 42 points to nil.  Richard Pilcher, Stuart Clarke, Owen Lloyd, Rhys Beynon, Joe Page and Luke Dawes starred for the hosts but Liam Union’s splash down for a try did not quite reach the heights of Chris Ashton.

Next up on the main pitch were Cardiff RFC who defeated our regular English visitors from Corsham.  At the same time on pitch B St Peters were victors over Fire Service after a close score at halftime. The closest game in the first-round matches was between two of the invitational teams from Spikey Glove and Preseli Baa Baas. The final score going to the Preseli team in a 31 -27 victory.

Scorpions outclassed the RAF in their match but thanks go Jack Margetson and Rich Peregrine for organising a side at short notice to cover another team withdrawal.  The team also included Old Penarthians regulars Richard Kynaston, Matt Stingl and Tony Harris.  The last match in the first round was between two of the favourites and past champions Voyagers and Glantaf.  In the end, it was a relatively easy win for Voyagers but results later in the day would prove that defeat was not a disgrace.

Round two of the Main Competition gave spectators the first sight of the Ponty Butchers, after their bye in the first round, playing against Old Penarthians.  The Butchers side are from Pontydawe and yes, they are supported by the butcher from the town who started the team about ten years ago.  The team also featured a past winner of the Player of the Tournament, Sam Evans, who at the time played for Welsh Charitables. Whilst the initial performance from Old Pens was competitive and the scores level at 5 -5 Ponty Butchers ran out winners 33 – 19 sending the Old Pens, who had not given up, for an early bath.

The other second-round matches saw wins for Preseli Baa Baas and Scorpions with Voyagers receiving a bye straight to the semi-final due to the absence of some teams.

In the Plate competition on Pitch B St Josephs, Spikey Glove, Corsham and Glantaf progressed to the semi- finals.

The semi-finals of the main competition featured some outstanding rugby and two closely contested matches.  Ponty Butchers just sneaked past the Preseli team 27 -19 and in a repeat of the 2016 final Voyagers competed against Scorpions. This time, however, Voyagers overturned their final defeat with a 28 points to 17 victory.  This win sent Voyagers to their fourth successive final.

The Plate semi-finals saw St Josephs inch pass Spikey Glove by a point in a thrilling 15 – 14 scoreline but Glantaf proved too strong for Corsham who despite the loss were pleased to have played three games and celebrated as if they had won the event.

Before the final, there was an excellent 7s match at U12 level between the Old Penarthians and Barry RFC.  Old Pens may have won the match but rugby was the winner when you can see the enjoyment of the participants and spectators watching the players of the future.  This was also true in the tag exhibition matches played before the competition started between age group sides from the Old Pens M&J section.  The coaches and parents of the players should be proud of the skill levels on show and it hopefully bodes well for the future.

The first final to be contested was for the Golden Jubilee Plate and Glantaf, more used to playing for the main prize, were too strong for a St Josephs team that were affected by injuries picked up in the earlier rounds and were winners by 45 -21.

The final of the newly inaugurated Roy Churchill Trophy was a keenly contested match between the two most athletic and physical sides in the competition. Voyagers with their experience of previous finals edged the result over Ponty Butchers but the 28 -19 scoreline does now show the competitiveness that saw the Butchers within 2 points of the lead with only 3 minutes to play.  Ultimately the control of the ball in the last few minutes was the key factor and under the stewardship on Man of the Tournament Joe Scrivens Voyagers were worthy winners.

After the match, the presentations were made to the winning and losing finalists of the Plate and the Roy Churchill Trophy by the senior partner, Stephen Clarke, of CJCH Solicitors, the main sponsor of the Tournament.

 

 

Main competition results.

Round 1:  St. Josephs 0 Old Penarthians 42;  Fire Service 7 St. Peters 29;  Cardiff 33 Corsham 5;  Voyagers 31 Glantaf 5;  Ponty Butchers Bye;  Preseli Baa Baas 31 Spikey Glove 27;  Scorpions   64 RAF 0.

Round 2:  Old Penarthians 19 Ponty Butchers 33;  Preseli Baa Baas 19  St. Peters 10;

Cardiff 10  Scorpions 22;  Voyagers Bye

Semi Final:  Ponty Butchers 24 Preseli Baa Baas 17;  Voyagers 28 Scorpions 17

Final:  Voyagers 28 Ponty Butchers 19

Plate competition results.

Round 1:  St. Josephs Bye;  Spikey Glove 40 Fire Service 17;  Corsham 44 RAF 12;  Glantaf Bye

Semi Final:  St. Josephs 15  Spikey Glove 14;  Corsham 14 Glantaf 35

Final:  Glantaf Goats 45 St. Josephs 21

(Image credits: All images and photographs displayed are courtesy of Old Penarthians RFC)

Reflection on Mental Health Awareness Week with a look to the future.

By Keith James, Solicitor/Partner

Last week, 8 to 14 May 2017, marked UK Mental Health Awareness week for 2017. The purpose of this annual event is to ‘prompt a national conversation about what we can do as communities, schools, families and individuals ‘to move from surviving to thriving’ (The Mental health foundation).

There is little doubt that in recent months awareness of the wide variety of mental health conditions and of the impact of mental health problems has grown and now appears to be rising up the political agenda.

High profile individuals who have experienced the impact of issues such as depression, including prominent figures in the football world, have helped to shine a light on how mental health problems can impact on the lives of everyday people – Mental Health issues do not discriminate.

Also in the news have been many stories from prominent individuals of how bereavement can impact on families and how help can be provided to families to talk through these issues.

Of particular current interest is how the result of the general election will impact on Mental Health Law and the provision of Mental Health Services. Already suggestions have been made of manifesto commitments to increase provision of community mental health staff and services but also a suggestion that the Mental Health Act should be replaced. This perhaps is the most intriguing suggestion.

The Mental Health Charity, Mind, has called for a review of the Mental health Act but there is a suggestion this could go further to avoid ‘unnecessary detentions’. It will certainly be interesting, during the General Election campaign, to see if this forms part of a manifesto commitment. Of particular interest will be what alternative proposals are suggested.

There is little doubt that Mental Health issues have risen up the political agenda, and for CJCH will continue to be an important part of our focus and drive to support our community.

For any questions or queries, please do not hesitate to contact our Mental Health and Mental Capacity Law team at mentalhealth@cjch.co.uk or call on +44 333 231 6405 (24 hour emergency line: +44 7967 305949)

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Industry update – SRA announces confirmation of the Solicitors Qualifying Examinations

The days of legal qualifying programs such as the Graduate Diploma in Law (GDL) and the Legal Practice Course (LPC) are numbered as the Solicitors Regulatory Authority this week announced the confirmation of the long debated centralised qualifying exam for would-be lawyers – the Solicitors Qualifying Examination (SQE).

The merits of the new independent assessment are generating extensive discussion with the SRA positioning the SQE as an opportunity to offer a more inclusive and accessible route into the Legal Profession, while popular online legal commentators at Legal Cheek raise points for consideration concerning the reality of the cost and access benefits.

With aspiring lawyers in 2017 facing LPC fees of over £15,000 in some cases, the need to review the accessibility and inclusive nature of legal training is welcome, but only time will tell if this new assessment meets the needs of the market once it is rolled out, currently planned for 2020.

Paul Philips, CEO of the SRA, was quoted in their press release saying that the SQE will allow for assurance that new entrants to the legal profession consistently meet the high standard required for the profession. He further mentioned that it could help with recruitment of talent for law firms.

At CJCH Solicitors, we are constantly assessing ways to diversify and innovate within the legal profession. We welcome the opportunity to consider a new approach to legal training, and we look forward to seeing how this initiative will roll-out and how we can support young aspiring solicitors in entering the marketplace and developing their skills.

We asked a selection of CJCH Solicitors’ team members for their opinions on the new developments and encouraged consideration for both sides of the debate. Here are some of the thoughts they shared:

Rosa Fernandez – CJCH Head of Employment and HR Services

Having completed the LPC in 1998-1999, I would have welcomed combining practical experience with theory; whilst called the Legal Practice Course, most of it is not practical at all. I also think it is right to make all entrants to the profession sit the same finals to ensure standards and consistency.

If these changes serve to improve public trust and confidence, then they can only be positive for the profession.”

Gareth Thompson – CJCH Head of Commercial Law

“In my view anything has to be welcomed which:
mitigates the “training contract lottery” risk and exorbitant GDL & LPC course fees; 
makes it easier for aspiring lawyers to qualify as they grow in technical competence and experience and also get paid sensibly for their services; 
encourages firms with substantial paralegal workforces to reciprocate their investment of time, loyalty, and effort by facilitating qualification; and
maximise the prospects for lawyers hitting the ground running both professionally and in revenue contribution by the time they qualify.

Nerys Thomas – CJCH Head of Litigation and Dispute Resolution

Ensuring excellence within the profession will be favoured by all involved, but the concern with the new proposed procedure is that exams are not necessarily the best method of filtering “excellence” and may deter some students of high calibre who struggle with time-pressured assessments, especially ones which may determine their future career.  No information has been received in relation to what the costs will be for the new procedure.  Current fees for the LPC are eye watering, especially when this has followed a standard three-year degree.  It will be interesting to see whether the fees will be set at a more reasonable rate and how funding will be made available to pay for the new process.”

Stephen Clarke – CEO and Senior Partner

“We are facing an exciting time in the legal profession. Change is inevitable and it is the way in which we embrace change that defines our growth. There are strong arguments on both sides of this topic but as a firm CJCH supports equality, diversity and development. We are excited by the possibility of a dynamic industry which removes barriers to entry and allows for all to get involved. There are teething issues with all new initiatives, but we look forward to embracing the SRA’s SQE and including it in our planning for future employee development programs.”

There is much food for thought as the introduction of the SQE unfolds. As can be seen from the discussion above, many factors need to be considered, including balancing the ability to standardise assessment while also considering individuals learning and assessment styles. For now, you can review the documents relating to the consultation and discussions held by the SRA on the matter, here.

Planning for tomorrow – Introduction to Lasting Power of Attorney

By John Moore, Solicitor

We live in a time of better healthcare and advances in science where we are able to enjoy life for longer than previous generations.  We never know what is around the corner, however, with many people experiencing challenges with their mental health in their later years or are incapacitated through accident, injury or illness.

Here at CJCH, we regularly meet people of all ages who come to us for advice and who are concerned about safeguarding their personal affairs in the future.  Where appropriate, we try and assist by arranging a Lasting Power of Attorney for our clients in respect of their property and financial affairs.

A Lasting Power of Attorney is a legal document which allows individuals to appoint someone of their choosing to act on their behalf (as their attorney) if they are no longer able to manage things themselves for whatever reason. An attorney would be able to access a person’s property and finances to help pay bills, manage investments and pay care home fees. An attorney is legally under a duty, however, to act in the person’s best interest at all times.

Sadly, however, many people that we meet have loved ones who have not set up a Lasting Power of Attorney and no longer have the mental capacity, whether by illness or accident, to be able to do so.  We often find that family members hit a brick wall when dealing with banks and buildings societies who will of course only deal with the account holder themselves.  As there is no one legally able to act for the person it means that there are often situations where bills and care fees cannot be paid. This causes a great deal of stress for everyone involved because a person’s finances cannot be accessed or their property cannot be managed or sold.

In order to resolve this our team of experienced lawyers represent families in making applications to the Court of Protection so that family members can be appointed as Deputies to manage a person’s property and financial affairs.  Once the Court has approved an application the family members who have applied will be able to access a person’s finances and manage the sale of a property under a Court Order.  The Majority of applications to the Court are straightforward and dealt with on paper and do not require any attendance at Court.

If you would like to speak with us for a free consultation on better preparing for your future to ensure those things that are so important to you can be managed property should you no longer be able to do so yourself, you can contact Mr John Moore (solicitor) in our Private Clients department:

Telephone number0333 231 6405, or email privateclients@cjch.co.uk.

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CJCH Solicitors to create 71 jobs in Cyber Security with backing from Welsh Government.

CJCH Solicitors have embarked on an ambitious journey to create a staggering 71 new jobs within the Anti-Piracy and Cyber Security speciality in Wales by year-end 2020.  We are proud to reiterate the announcement made by the Welsh Government, revealing their support of our new global IP Anti-Piracy Unit at our Cardiff head office.

CJCH has been at the heart of digital piracy and Intellectual Property compliance in Wales, with an international impact. In 2014, our Intellectual Property practice launched its internal Anti-Piracy and Compliance consultancy. Our team developed a customised solution for our international clients, to protect their work product and recover lost revenues from software infringements.

Ken Skates, Cabinet Secretary for Economy and Infrastructure, said “IP piracy, which can range from copyright theft or infringement to counterfeit goods, is a growing global issue that can cause untold damage to businesses, to their protected and valued brands and the economy. ”

Infringements of this nature are a form of cyber crime which impacts business globally, depriving them of revenue and compromising their intellectual property rights. CJCH have tackled this issue head-on and cultivated a bespoke solution for companies suffering from this invasion.

The purpose of this partnership with the Welsh Government is to leverage our thought leadership and create a central hub for Anti-Piracy and Cyber Security in Wales. We intend to bring global best practice into Wales while developing local talent as well. Our 2020 goal, is to have established 71 new jobs in this field, as well as contribute to making the United Kingdom and global digital community a safer and more secure environment. We will be partnering with local businesses and academic institutions, such as Swansea University, to cultivate development and training programs to support this initiative, with specialist content aligned to business needs.

Stephen Clarke, the CJCH CEO, stated “The modern world of digital liberty and innovation offers greater access to information and narrows the global divide. Unfortunately, the digital economy brings with it a growing sophistication in criminal activity. Without proper defences, digital piracy exposes businesses to uncontrollable risk and vulnerability. Our solution enables us to partner with our clients to establish a proactive (protection) and reactive (recovery) governance model. Our goal is to share this experience with the community and grow the local capability in cyber security.”

As of 6 March 2017, CJCH Solicitors has been awarded a £432 000 grant from the Welsh Government to support our active project to establish this new entity. Our objective is to aggressively drive the development of Cyber Security and Anti-Piracy enforcement in collaboration with skills development and knowledge transfer. Making Wales, and the UK, a more secure and impenetrable digital landscape.

For more information and updates, email us at ip@cjch.co.uk or engage with us via Facebook, twitter or LinkedIn.