Surrey Lawyer Spring 2015

Spring Issue 2015

SurreyLawyer THE VOICE OF SURREY SOLICITORS

Inside this issue: ~ Document Security (cover story) ~ Residential Conveyancing ~ Professional Practice

Contents Intro PUBLISHER Benham Publishing Limited 3tc House, 16 Crosby Road North, Crosby, Liverpool L22 0NY Tel: 0151 236 4141 Facsimile: 0151 236 0440 email: admin@benhampublishing.com web: www.benhampublishing.com

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List of officers

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President’s Jottings

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CEO Report Local Issues

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Finance

ADVERTISING AND FEATURES EDITOR Anna Woodhams

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STUDIO MANAGER Neil Lloyd

New pension rules - good news for everyone Family

ACCOUNTS Joanne Casey

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MEDIA No. 1396

Marriages to foreign nationals under the spotlight Education

PUBLISHED March 2015 © The Surrey Law Society - Benham Publishing

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CPD & Social Events for spring 2015 Residential Conveyancing

LEGAL NOTICE © Benham Publishing.

None of the editorial or photographs may be reproduced without prior written permission from the publishers.

Benham Publishing would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of Benham Publishing. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press.

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Stages of the Residential Conveyancing Process

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Duty of Due Diligence

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Speed, efficiency and transparency for conveyancers

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Are all Legal Indemnity policies equal?

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Top 10 questions to ask your search provider

Benham Publishing cannot be held responsible for any inaccuracies in web or email links supplied to us.

DISCLAIMER The Surrey Law Society welcomes all persons eligible for membership regardless of Sex, Race, Religion, Age or Sexual Orientation.

All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between member and should not be relied upon as an accurate statement of the law, are of a general nature and do not constitute advice in any particular case or circumstance.

Members of the public should not seek to rely on anything published in this magazine in court but seek qualified Legal Advice.

COVER INFORMATION The cover image from KYOCERA Document Solutions UK

Health 20

5th June 21st August 17th December 27th February

Anyone wishing to advertise in Surrey Lawyer please contact Anna Woodhams before copy deadline.

Email:

anna@benhampublishing.com

Tel:

0151 236 4141

Anyone wishing to submit editorial for publication in Surrey Lawyer please contact Sue Seakens, before copy deadline.

Email:

sueseakens@surreylawsociety.org.uk

Tel:

01344 860830

A weight off your shoulders... and hips Legacies

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Leaving their beloved four-legged friend without an owner Professional Practice

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Providing contract templates online

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TUPE, or not TUPE, that is the factual question

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QuoStar offers five cyber security tips

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Morrisons Solicitors announce the arrival of Joy Hankins

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Wine of the Season

Copy Deadlines Summer 2015 Issue Autumn 2015 Issue Winter 2015 Issue Spring 2016 Issue

Local news

Management 30

Conflict management: a shift in direction?

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Don’t let “Morecambe & Wise” be your guide Legal News

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Look before you leap

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State of the PII Market Intellectual Property

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Are your clients protecting their most valuable assets?

Surrey Lawyer 3

Officers PRESIDENT

COMMITTEE MEMBERS

LAW SOCIETY COUNCIL MEMBERS

SUSHILA ABRAHAM

MAREK BEDNARCZYK Hart Brown Resolution House, Riverview, Walnut Tree Close, Guildford, GU1 4UX DX 2403 Guildford 1 Tel: 01483 887704 Fax: 01483 887758 Email: msb@hartbrown.co.uk

DAVID STEED Harold Bell & Co 174 Kingston Road, Ewell KT19 0SD Tel: 0208 393 0231 Fax: 0208 393 0155 Email: ds@haroldbell.co.uk

S Abraham Solicitors 290A Ewell Road, Surbiton KT6 7AQ Tel: 020 8390 0044 Email: office@sabrahamsolicitors.co.uk

VICE PRESIDENT

WIN CUMMINS 18 Station Approach, Virginia Water GU25 4DW DX 94652 Virginia Water

DANIEL CHURCH TWM Solicitors LLP 123 High Street, Epsom KT19 8AU DX 30710 Epsom Tel: 01372 729555 Fax: 01372 742101 Email: daniel.church@twmsolicitors.com

ELIZABETH EYRE Barlow Robbins LLP Church House, 30 Church Street, Godalming, Surrey, GU7 1EP DX 58351 Godalming 2 Tel: 01483 417121 Fax: 01483 426836 Email: elizabetheyre@barlowrobbins.com

DEPUTY VICE PRESIDENT MARK GOUGH Solicitor 22 Woodlands Road, Little Bookham, Surrey KT23 4HF Tel: 01372 230786 Email: mark@markgoughlaw.com

HON SECRETARY KIERAN BOWE

SIMON KENNY Moore Blatch LLP 2 The Green Richmond TW9 1PL DX 100252 RICHMOND 2 Tel: +44 (0) 208-334-0312 FAX: +44 (0) 208-332-8630 E-mail: simon.kenny@mooreblatch.com

Kingston upon Thames, Surrey, KT1 1QN DX 31546 Kingston upon Thames Tel: 020 8541 2041 Fax: 020 8541 2009

CHIEF EXECUTIVE & MAGAZINE EDITOR Sue Seakens Surrey Law Society 18 Station Approach, Virginia Water GU25 4DW Web: www.surreylawsociety.org.uk DX 94652 Virginia Water Tel: 01344 860830 Fax: 01344 428511 Email: sueseakens@surreylawsociety.org.uk

SUB COMMITTEES

GLORIA MCDERMOTT 18 Station Approach, Virginia Water GU25 4DW DX 94652 Virginia Water Email: gloria.mcdermott@virginmedia.com

QUO VADIS (Strategic Planning) Daniel Church (Chair) Nick Ball Marek Bednarczyk Mark Gough Ken Seakens

JULIE ROWE Russell-Cooke Solicitors Bishops Palace House, Kingston Bridge, Kingston upon Thames, Surrey, KT1 1QN DX 31546 Kingston upon Thames Tel: 020 8541 2023 Email: Julie.Rowe@russell-cooke.co.uk

CONVEYANCING & LAND LAW Win Cummins (Chair) Gary Score* Maralyn Hutchinson* Ken Seakens Matthew Truelove*

Russell-Cooke Solicitors Bishops Palace House, Kingston Bridge,

JOHN PERRY Palmers Solicitors 89-91 Clarence Street Kingston upon Thames, KT1 1QY DX 31524 Kingston upon Thames Tel: 020 8549 7444 Fax: 020 8547 2117 Email: john.perry@palmerssolicitors.co.uk

Email: kieran.bowe@russell-cooke.co.uk

HON TREASURER NICK BALL Howell Jones Solicitors 75 Surbiton Road, Kingston upon Thames, Surrey, KT1 2AF DX: 57715 Surbiton Tel (Office): 020 8549 5186 Tel (Fax): 020 8549 3383 Email: nick.ball@howell-jones.com

KEN SEAKENS Seakens Solicitors 18 Station Approach, Virginia Water GU25 4DW DX 94650 Virginia Water Tel: 01344 843666 Fax: 01344 844584 Email: ks@kseakens.co.uk IAN WILKINSON The Castle Partnership 2 Wey Court, Mary Road, Guildford, Surrey GU1 4QU Tel: 01483 300905 Email: ian@castlepartnership.co.uk

FINANCIAL Nick Ball (Chair) Kieran Bowe Mark Gough Ken Seakens SOCIAL Mark Gough (Chair) Daniel Church Gloria McDermott John Perry* Julie Rowe Ken Seakens *Non-Committee Member.

membership details Annual Subscriptions:

£85 per person, per year.

Corporate Subscriptions:

(20+ fee earners) £1,700 per year

Solicitor

(not in private practice) £55

Solicitor

(not practising) £30

Honorary Membership:

free

Associate Membership:

free - no voting rights

4 Surrey Lawyer

To apply for membership please contact: Sue Seakens, Chief Executive Surrey Law Society, 18 Station Approach, Virginia Water GU25 4DW Web: www.surreylawsociety.org.uk DX 94652 Virginia Water Email: sueseakens@surreylawsociety.org.uk Tel: 01344 860830

Editorial

President’s Jottings SPRING 2015 A warm welcome to all of you to this Spring issue of the Surrey Lawyer. I just love to see the lovely camellias in bloom as they remind me of the hope to come after the cold winter, not forgetting the appearance of the cheeky robin redbreasts in the garden. The ever-changing seasonal climate is also a reminder of what is happening in our ever-changing profession. Since my last jottings, we have had the judicial review hearings relating to the criminal legal aid tender pending appeal but now regrettably lost.

I

recently attended the Southern Area Association of Law Societies (SAALS) meeting hosted by Andrew Caplen, the President of the Law Society. The meeting was well attended by the other Southern Area Presidents as well as the new Chief Executive of the Law Society, Catherine Dixon. Middlesex Law Society had expressed a wish to join SAALS and all members after some deliberations voted them in. I found that all of us as solicitors around the country were facing the same issues with respect to regulation and clients. Representing Surrey at that meeting was very encouraging, as we are a very active Society. It was also good to hear from Catherine Dixon and her passion to work and carry the profession through these very difficult times.

We have run three CPD courses since January. I was able to attend two of these and will do my best to attend the others if I can. It was good to be able to engage with our members and be around to help in any way possible. I have also responded to consultations on behalf of the Society and I hope that all of you will also contribute in some way as it is vital that we make our views known to our regulators and other bodies. There is a dearth of consultations at the present time and sometimes it is overwhelming for me to respond to them all on my own, so I seek assistance from you all in achieving this. We must all work together, as it is when we unite and join forces that we are at our strongest and have the best opportunity to make an impact and effect changes to the way we practise.

The Law Society is becoming more proactive in the way they listen to members. I attended a meeting a few weeks ago with the President, Vice President, Deputy Vice President and the Presidents of various local Law Societies.

Catherine Dixon was also in attendance.

There were a number of presentations from various departments of TLS and what they are doing behind the scenes.

No doubt you will have all heard about the disappointing judgment on criminal legal aid and the appeal result. It is very sad that the government thinks it is better placed than the profession to understand the legal needs of society and seeks to bring legislative change that will help neither the public nor the profession. Instead, those changes will take away access to justice and breach the values of the very Rule of Law and Magna Carta, whose 800th anniversary is being celebrated this year. It is the public who will suffer. We already find the courts flooded with litigants in person and people who are unable to get proper access to justice because of these ridiculous laws that politicians think will help save the country money. We must continue to do all we can to support the opposition to these changes.

I also recently attended an event organised by Kingston University “Spotlight on Law �. It was very interesting to see and hear the experiences of students and those who are now practising law. What surprised me was that many students thought that they did not need to apply for placement/internships in their first year and how late they have left it to find out more about becoming a Solicitor or a Barrister. I participated in speedinterviewing sessions with the students which was very interesting indeed. It was encouraging that many wanted to know more about SLS and wanted to become student members. Students do need to know the opportunities out there, the reality of the legal landscape and the benefits of becoming a student member of SLS. I would like to congratulate Linda Lee, former President of the Law Society, who has been appointed as the Chair of the Solicitors Assistance Scheme. I am aware that many solicitors do call the SAS help line, ranging all the way through from students, trainees and junior solicitors to senior solicitors and partners, seeking

assistance on matters relating to training contracts, disciplinary problems and insolvency. If you or someone you know requires help and advice please refer them either to the web page http://www.thesas.org.uk, where there is a list of solicitors participating in the scheme who can be contacted directly, or call 0207 117 8811.

As I draw a close to the end of my jottings for this issue, I would once again remind you of the forthcoming Gala Dinner on 18th June 2015 at Runneymede. Do also look out for all the other events and CPD programmes coming up during the rest of the year.

I would also add that I am here if you need to talk to me about the Society or any matter you wish me to raise with our regulators and representative body.

Please feel free to telephone me or any of the members of the Committee or email anyone of us. Unless we hear from you, we as a Society cannot help. Do look at our website and engage with other members through LinkedIn. I would also invite you to join the committee of SLS and make your contribution in the various sub-committees. Please do encourage young lawyers in your firms to participate in the Society as it would not only help them but also help your firms.

Both myself and the Committee are very keen to see new members attend our committee meetings and make their mark, as we support and help one another.

I would like to end as I started, by reflecting on the changing seasons. In just a few short weeks, we will find ourselves enjoying a Spring break over the Easter period, so it only remains for me to wish all of you a happy and prosperous spring season. n SUSHILA ABRAHAM, President

Surrey Lawyer 5

Editorial

CEO Report Spring 2015 Spring is here and everything is bursting into life again… if only the sunshine would do the same!

A

s we approach the General Election the speculation and counterspeculation gains speed but here at SLS life goes on and we are now in the midst of annual renewals. I am delighted to say that membership is growing and signs are that this should be a good year for the profession and the Society.

With all the changes in regulation and legislation life has been very challenging for the legal profession and who knows what the incoming Government will do!

Our CPD programme this year reflects all the changes and we have updates in all the key areas of law including Family, Property, Private Client and Practice Management. You can see the whole programme and full details of each seminar at www.surreylawsociety.org.uk As usual we will have the two major Conferences this Autumn at the Hilton Hotel in Cobham - the Private Client Conference on Thursday 17th September and the Conveyancing & Land Law Conference on Thursday 22nd October.

We will have the usual keynote speakers plus some excellent new names on the CPD circuit. Bookings are open now so email elaine@surreylawsociety.org.uk to get yourself booked in.

However, as of 1 April 2015, solicitors can choose to move to the new approach immediately. The implementation of the new approach affects how you meet your continuing professional development (CPD) requirements until 1 November 2016. Until 31 October 2016, solicitors can choose either: i) to follow existing CPD requirements; or ii) to adopt the new approach to continuing competence.

The information on the SRA website provides details of the changes being implemented. They have issued a Toolkit and Competence Statement to help solicitors move to the new approach. Full details can be found on the SRA website at http://www.sra.org.uk/solicitors/cpd/solici tors.page SLS will of course keep you upto-date and CPD compliant as we have for the past 22 years or more.

In the past few months I have met a number of legal professionals who seem to be of the opinion that the changes to the 16 hour CPD rule means that CPD is no longer regulated or proof of compliance required. These misguided souls are due for quite a shock when they realise just how wrong they are! All the quality standards, such as Lexcel, CQS and WIQS, will be checking proof of CPD compliance rigorously. So what do we know about the new CPD requirements?

2014 was a tough year for Surrey Law Centre - they have ended all their legal aid contracts and moved out of their offices in Guildford. So under the careful direction of Centre Director, Trustee (and SLS Vice President) Mark Gough, they are now a virtual charity! But, most importantly, the Centre is now in a more secure financial situation and has some funding pledges which they are confident will support them for the next three years. The Centre is now recruiting for a new CEO to take it through the next phase of their journey during which time it will be doing what it was established for - helping the disadvantaged people of Surrey defend their legal rights. Several SLS members have been assisting with pro bono work for the clinics and advice sessions. If you could help out please contact Mark Gough on 01372 230786 or email to mark@markgoughlaw.com

On 21 May 2014 the SRA Board announced a new approach to ensure solicitors remain competent to practise.

This new approach will be implemented for all solicitors from 1 November 2016.

Serious stuff over, we have a packed programme of social events this year and hope that we will see many of you at one, some or all of them. Of course the major event is the 800th Anniversary of Magna

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Carta and we now have over 200 people booked for our Gala Dinner Dance on Thursday 18th June. With just 4 tables left to book time is running out to ensure you can be there. See page 13 for booking details.

We also have the regular annual events the Legal Brain of Surrey Quiz at the University of Law, Guildford, our President’s Area Lunches in Kingston and Guildford, ICAEW Golf Day at Wimbledon Park Golf Club and the Surrey Legal Walk.

Although we have not finalised the details yet there will be a Football Tournament at the end of the Summer, once more organised by our Deputy Vice President, Daniel Church. So whatever you like to do - walking and talking, eating and drinking, dining and dancing, kicking a ball, playing a round or pitting your wits - why not join us this year for some serious fun.

Our President’s charity this year will benefit from the profits from many of our events and activities. This year’s President, Sushila Abraham, has chosen the Surrey Autism Support Centre’s Advocacy Services. The work they do across the County, supporting autistic children and adults and their families, is excellent and we are confident that you will want to help us raise money for this much needed support. There will be a silent raffle at our Magna Carta 800 celebrations and we hope to top last year’s £1,500 target by the end of Sushila’s presidential year in November. A presentation will be made to the charity at our 2015 AGM, which will be held this year at Kingston Town Hall on Tuesday 24th November. n

SUE SEAKENS

Local Issues

Council Member’s Report

by David Steed

During the last couple of months probably the biggest matter to concern The Law Society has been the ongoing dispute with HM Government about the draconian caps to legal aid.

With regard to the Judicial Review launched by TLS and other organisations, the first instance decision came down in favour of the Government, but this was appealed but sadly lost.

Coupled with the cuts in legal aid, a huge increase in Court fees was announced and rushed through Parliament and took effect on 9th March.

In the worst case, the fee for issuing a large claim has increased from £1,315 to ££8,185 an uplift of some 622%!

The Law Society is seeking to challenge these increases and a reaction protocol has been issued to the Dept of Justice.

There has been quite a lot of adverse publicity in the media, and the new Law Society Chief Executive Catherine Dixon has appeared on Sky News, and President Andrew Caplen has had letters published in the Telegraph and other papers.

An online petition on Change.org was also launched.

All of these matters have an impact on access to justice, which is one of The Law Society’s Gold campaigns at the moment.

The Law Society continues to engage with both the SRA and the Legal Services Board to develop and implement strategy for the future of legal services regulation, and has taken part in two consultations about this, highlighting unnecessary regulation costs for firms both financially and in terms of lost opportunities.

Internationally, The Law Society of England & Wales is much respected and has special consultative status with the UN, and recently used this to highlight human rights violations against lawyers in Turkey.

Veyo pricing has now been announced and discounts are apparently available for early adopters.

The launch was originally scheduled for 31st March but the top priority s to get it right before it is launched, so that date may well slip. We are told that “it does what it says on the tin”, but sadly what is actually inside the tin has not really been made widely available yet. Hopefully this will change in the next couple of months.

Quite a lot of money has been spent on this project, and it is hoped that it really will have a wide successful impact on the property market.

As always, if any member has issues to raise or needs help and assistance, John Perry and I would be pleased to hear from you.

The Law Society's AGM in July was a quiet affair compared with the SGM last December about legal aid, and there were really no contentious issues raised at all.

Andrew Caplen has now assumed the mantle of President, and I know that a lot of our local practitioners will have met him as he hails from Hampshire and was the Society’s guest at the annual dinner in Guildford earlier this year.

He comes from humble origins and strikes me as very much being a man of the people, and he has a very strong local law society background. His stated modus operandi is to listen, to talk, to persuade and to be constructive.

In the interim Paul Coen, formerly of global bank Citigroup was interim CEO, but his role was mainly internal governance, whilst Andrew will be the public face of The Law Society.

At the last Council meeting a cut in the PC fee for 2014/5 was agreed which basically came about because the TLS /SRA group has reduced its net funding requirements by some £12m.

One of the priorities for the coming year is to progress the Society to being a truly member-centric organisation.

To that extent there will be a key communication campaign to promote the services of Solicitors to the general public, utilising real Solicitors and their clients.

The Society has also pledged to support its members in connection with the changes made to criminal and civil legal aid.

In the latter case, the Society has made proposals to support the judicial review proceedings against the MoJ in respect of the swingeing criminal legal aid cuts.

Access to justice remains a major problem for many in this country, and it is estimated that perhaps 600,000 people have lost access to civil legal aid in the last 12 months alone.

The Law Society stands firmly committed to fighting these cuts, and to opening up access to justice for everyone, as a democratic right of citizenship. n

Des Hudson is finally retired in October, having been persuaded to stay on for a while, and is replaced by Catherine Dixon as the new CEO in January.

Geoff Bignell to retire from Just Employment Geoff is well known amongst our members and will be retiring from private practice at the end of this month. Geoff founded Just Employment in May 1999 and after a successful 16 years is leaving it in the capable hands of his team who have been with him for several years. Geoff has many interests and hobbies and will no doubt be just as busy in retirement as he has been in his working life. We wish him and Sue all the very best for this exciting new chapter in their lives.

John Dobbie RIP Sadly, John Dobbie died suddenly on 10 March. Many of you will know John, who qualified in 1970, as he worked in Surrey firms for much of his working life. John was articled at Griffin Randall in St Albans and went on to work at various firms, amongst them, Trowers and Hamlins, Howell-Jones, Philip Conway Thomas, Downs and Cuff & Gough. Everyone who knew John would agree that he was a lovely man with a great sense of humour whenever the question of legal qualifications arose, John would always proudly announce that he had a CSE in metalwork. He will be sorely missed. He leaves his wife, Pauline and his two sons, Steven and Alex.

Surrey Lawyer 7

Local Issues

Barlow Robbins gains Wills and Inheritance Quality Scheme accreditation 12 January 2015: Surrey law firm Barlow Robbins is one of the first firms in the area to be accredited for Law Society’s Wills and Inheritance Quality Scheme (WIQS) membership. This provides the firm with a best practice quality mark for wills and estates administration advice.

The WIQS accreditation scheme opened for applications in October 2013 for practices that are authorised and regulated by the Solicitors Regulation Authority (SRA) and offer both wills and probate/estate administration advice. It requires the best service standards and transparency of process, costs and communications.

The accreditation is an addition to the STEP (Society of Trust and Estate Practitioners) membership a number of the Barlow Robbins private client team hold, and the Lexcel accreditation and Investors in People award the firm already has, all demonstrating the firm’s conformity to best practice and dedication to client trust.

Practices applying for accreditation must demonstrate compliance with the Wills and Inheritance Protocol and the ability to amend existing policies or draft new ones to meet the requirements laid out in the protocol. The application process also involves a rigorous application process where firms have to illustrate compliance to the Core Practice Management Standards and Law Society Wills and Inheritance Protocol. The accreditation must be renewed after twelve months to guarantee the continued conformity to the stringent best practice standards.

Belinda Sanders, Probate, Wills & Trusts Partner at Barlow Robbins commented:

Spotlight on Law event at Kingston University 16th February 2015 This innovative event was attended by our President, Mrs Sushila Abraham. The student feedback from this event has been incredibly positive and the University have provided a selection of comments below: “Extremely motivating and has given me the confidence to sell myself” “….Very helpful, great encouragement and I am more enthusiastic than ever before” “… .interesting event, with great and broad speakers” “Wahoo the best event ever….Great to receive feedback from professionals” “… .Good to have diversity of speakers like HR professionals too” “…it was amazing to build contacts that I wouldn’t have otherwise!”

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We look forward to many more events of this kind to cement our links with the Law Schools at Surrey’s three universities and hope that our members will continue to volunteer for these very valuable opportunities for students to experience ‘real world’ situations as they embark on their careers in law. n

“We are pleased to be able to demonstrate our ongoing commitment to outstanding client service. This accolade allows us to move forward into the New Year with a further accreditation that pays testament to the dedication and hard work of the team here at Barlow Robbins.” n

Local Issues

Cycletta events take place at:

Macmillan Cycletta Surrey announces new 20k route In response to market demand Macmillan Cycletta, the UK’s leading women-only sportive series, has today announced they are extending their series distances at five of their events to include the 20km distance.

The shorter distance will offer participating ladies an alternative to the longer distance routes preferred by more experienced cyclists and is ideal for beginners looking to take up cycling, or participating in their first major cycling event.

Earlier this year, Macmillan Cycletta announced it was also adding new long distance routes of 150km so several of the events, in response to feedback from participants that they were looking for greater physical challenges.

Dan Lipman, marketing director with Human Race commented: “We’re very much listening to what our participants are looking for from an event and ensuring their needs are met. We’re delighted to include the 20k distance in the Macmillan Cycletta Series and look

Macmillan Cycletta @ Wiggle Dragon Ride, Sunday 7th June 2015 (Margam Park, Port Talbot, Wales), Distance: 42km

forward to getting many more women involved in the event series this year.”

Bedfordshire (Woburn Abbey), Saturday 20th June 2015

Liz Hemming, Cycling Challenge Events Programme Manager from Macmillan Cancer Support commented:

Distances: 20km, 40km, 70km

“It is such a rewarding experience taking part in an event like Macmillan Cycletta Surrey and raising vital funds for charity in the process. Many participants raise funds for Macmillan Cancer Support and we believe the 20k distance will very much appeal to a wide spectrum of fundraisers of all abilities, as well as those ladies who may be entirely new to cycling as a sport.”

Perth, Scotland (Scone Palace), Sunday 19th July 2015 Distances: 20km, 50km, 100km and 150km

Guildford, Surrey (Loseley Park), Sunday 6th September 2015 Distances: 20km, 50km, 100km and 150km

New Forest (Beaulieu Palace), Sunday 20th September 2015

The 20km route has been added to five Macmillan Cycletta events nationwide throughout 2015, including at Loseley Park, Surrey on Sunday 6th September where women can now enter 20k, 50k, 100k or 150k distances. n

Distances: 20km, 50km, 100km and 150km

Cycletta was launched three years ago and so far over 10,000 women have taken part in an event across the UK.Entries are now open for the Macmillan Cycletta in Surrey at www.humanrace.co.uk/cycletta

For further information contact: Tricia Fox at Macmillan Cycletta Email: t.fox@volpa.co.uk Phone: 01738 700130 or 07989 955039

Cheshire (Tatton Park), Sunday 27th September 2015 Distances: 20km, 50km, 100km and 150km

The Law Society of England & Wales 2015 Excellence Awards • Solicitor of the Year (Private Practice) The Law Society remains committed to open to practising solicitors recognising and promoting the great work of solicitors across England and Wales. Winners • Solicitor of the Year (In-house) - open to all of the categories listed below will automatically solicitors working in-house be passported onto the longlist of the Excellence • Solicitor Advocate of the Year - open to all Awards, which will be judged in July 2015. practising solicitors undertaking advocacy The awards ceremony will be held at the Nominations are now open. For more Hilton Park Lane Hotel in London on information, please visit Thursday 22 October 2015. www.lawsociety.org.uk/excellenceawards.

The categories open for local law society Nominations must be submitted using the winners are: online nomination system by Friday 5 June 2015.

Entries received which do not adhere to the guidelines provided will not be put forward to the longlist. A full list of the Excellence Awards rules and procedures can be viewed on The Law Society website. n For any further enquiries, please email awards@lawsociety.org.uk.

Nina Fletcher, Head of Research, Interim Head of Relationship Management

Surrey Lawyer 9

Finance

New pension rules good news for everyone Rod Milne, joint managing director of financial specialists, HFS Milbourne explains why the latest pension reforms are good news for everyone.

This year sees the biggest change in pension saving in a generation.

From 6 April, savers aged 55 and over will be able to take 25% of their pension pot as a tax free lump sum and withdraw the rest of their savings as they wish, with the option to withdraw the whole lot at once or to take small sums at regular intervals, subject to the saver’s marginal tax rate.

Historically, the system allowed savers to take 25% of their pension pot tax-free from age 55 but many were forced to buy an annuity with the remaining balance.

The annuity provided a regular income that lasted for life. Some savers, usually those with larger pension pots, were able to avoid annuities by using “income drawdown”, where the money remained invested as an income was taken.

However, savers now have three options: withdraw all their pension money immediately; leave it invested and take income when required; or buy an annuity - which can still be a very useful financial planning option for savers in specific circumstances.

The changes are widely recognised as a positive move for consumers. Savers now have the option to decide how to use their cash and will no longer be restricted to the annuity route and that flexibility is widely welcomed.

As with any change, there are pitfalls to avoid, not least the possibility of landing an unnecessary tax bill.

For example, someone with a £100,000 pension could take £25,000 tax-free. If the remaining £75,000 is also taken as cash it will be treated as income for that tax year, potentially pushing the saver into a higher-rate tax band. Timing is therefore critical to minimise tax liability and taking the money in smaller annual lump sums, as opposed to one larger payment, is one way of keeping the tax charge down.

Not every existing pension scheme is compatible with the new rules and consequently there has been an increase in savers wishing to move their older style pensions to new schemes to access the new flexibility.

One thing to be aware of with this is the small print in contracts which could leave the saver exposed to

10 Surrey Lawyer

exit fees when moving their pension.

Also, some older style pensions have valuable Guaranteed Annuity Rates which will be lost if moved - savers will need proper guidance.

Also some savers in final-salary pensions, which are excluded from the new regime, are starting to consider transferring to defined contribution pensions, where they could, for the first time, be exposed to stock market risk. Expert financial advice should always be sought before making a decision on this type of transfer.

Further implications of the new rules include changes in the way that pension savings will be taxed after death. If the saver dies before he/she reaches 75 years of age, then their pension pot will be passed on to their beneficiaries completely tax fee. But if the saver is over 75 on death then there will be a tax charge at the beneficiaries top tax rate.

This is a significant improvement on the current rules, and increases the opportunity for IHT planning.

We expect there to be big changes to the annuity market over the coming year, as annuity providers adapt to the new rules.

Annuities will in future need to become more flexible and provide better value if they are to survive. Legal & General recently confirmed that their individual annuity business fell by 54% in 2014, and they are expecting a further 50% drop in 2015. n At HFS Milbourne we have a specialist team of pension advisers who are available to answer any queries you may have on how you may be affected by the new rules. We can also provide pension workshops to legal firms’ private client teams who may benefit from more in depth information on pensions reform.

Please contact Rod Milne at HFS Milbourne: 01483 468888, rod.milne@hfsmilbourne.co.uk, or www.hfsmilbourne.co.uk

Family

Marriages to Foreign Nationals under the Spotlight The Marriages and Civil Partnerships Regulations 2015 and associated Orders come into effect on 2 March 2015. Many non-UK nationals who are planning to marry in the UK will face tougher checks by the Home Office in an effort to crack down on sham marriages. The new rules will also apply to civil partnerships.

Nigel Smith of Paragon Law says: “If one of the parties to a proposed marriage or civil partnership is a non-UK/non-EEA national with limited or no status then the proposed marriage or civil partnership will be referred to the Home Office before the ceremony is allowed to take place. Those present in the UK with indefinite leave to remain, EU right of permanent residence or right of abode will not be referred but they must evidence their status adequately when giving notice.”

Nigel says the key points of the new scheme are: • All couples in the UK planning to marry must now give notice of their intention to do so 28 days before marrying (previously the notice period was 15 days); • Non-UK/non-EEA nationals with limited or no status in the UK who give notice to marry or enter into a civil partnership will

be referred to the Home Office; • Those couples referred to the Home Office may be required to wait 70 days before marrying if a decision is taken to investigate the relationship; • Non-UK/non EEA nationals who wish to marry in the Anglican Church will now be required to give notice at a register office also.

• EEA nationals (including British citizens) will need to provide specified evidence of their citizenship to the Anglican Church prior to being married by the church.

• All non-UK/non-EEA nationals who are not exempt from immigration control will now need to give notice of their marriage at a designated register office (there will be 75 such designated offices nationwide) rather than at the office in the district in which they reside.

Orders are in place which extend the referral and investigation scheme to Scotland and Northern Ireland and transitional arrangements are in place for couples who have given notice prior to 2 March 2015.

Couples who will be subject to referral may wish to seek immigration advice prior to giving notice of their intention to marry. n For further information please contact Nigel Smith at nigels@paragonlaw.co.uk or 0115 9644 132.

Legal Sector CPD Event - Tuesday 28th April 2015 Location:

Lloyds Bank, Connaught House, Alexandra Terrace, Guildford, GU1 3DA

Time:

8.00am – 11.30am

Subject:

Finance for Law Firms with Alan Webb of Assure Law

Cost:

Free

Lloyds Bank in conjunction with the Surrey Law society is hosting a CPD event at its Commercial Premises in Guildford.

Please feel free to pass this invitation to your colleagues.

Format:

12 Surrey Lawyer

8.00am

Arrival & Refreshments (Pastries & Bacon Butties)

9.00am

CPD

11.00am

Networking

If you are interested in attending, and so that we can plan the catering, please can you send an email with your details to; Douglas.howell@lloydsbanking.com Please note that there is no free parking at this event.

Nearest parking is in the Car Park behind GLive or alternatively York Road Car Park, both are Pay & Display so you will need cash for the machines. Please follow this link to see location and charges http://www.guildford.gov.uk/media/19011/Car-Park-locationsand-charges-for2015/pdf/Car_Parks_locations_and_charges_April_2015_.pdf We look forward to seeing you there.

Education

CPD & Social Events for Surrey Law Society Members this Spring CPD EVENTS: Thursday 23rd April at Denbies, Dorking

Capitalisation & Protecting Family Business with Guildford Chambers 1.30pm Registration with Tea & Coffee.

CPD starts at 2.00pm - 5.15pm. £126 inc VAT for Members Tuesday 28th April at Lloyds Bank, Guildford

Wednesday 10th June at Denbies, Dorking

Costs Management and Budgeting with Tony Guise 1.30 Registration with Tea & Coffee. CPD starts at 2.00pm 5.15pm. £126 inc VAT for Members

SOCIAL EVENTS: Tuesday 21st April

Kingston Lunch

Sorrento Restaurant 12.30pm for 1.00pm £24.00pp inc VAT

Monday 27th April

SLS Charity Quiz

University of Law 6.30pm for 7.00pm £30.00 team inc VAT

Thursday 14th May

ICAEW Golf

Wimbledon Park GC 12.30pm to 5.30pm £35.00pp inc VAT

Thursday 21st May

Guildford Lunch

Cote Brasserie 12.30pm for 1.00pm £24.00pp inc VAT

Monday 1st June

Surrey Legal Walk Starts at Guildford Courts 5.00pm details tbc

Thursday 18th June

Magna Carta 800 Ball

2015 Finance for Law Firms with Alan Webb of Assure Law 8.00am Registration with Coffee & Danish.

CPD starts at 9.00am - 11.00am.

This will be followed by members networking with refreshments. Free event.

Wednesday 13th May at Denbies, Dorking

Vital Regulatory Compliance for Conveyancers with Denis Cameron 1.30 Registration with Tea & Coffee.

CPD starts at 2.00pm – 5.15pm. £126 inc VAT for Members Wednesday 20th May at Denbies, Dorking

Top Tips for Elderly Client Practitioners with Gill Steel 1.30 Registration with Tea & Coffee.

CPD starts at 2.00pm – 5.15pm. £126 inc VAT for Members

Runnymede Hotel 7.00pm for 7.45pm £50.00pp plus VAT

To celebrate Surrey Law Society invites you to join us for this moment in history at

8 0 0 t h A N N I V E R S A RY BOOKING FORM: SLS Charity Gala Dinner on Thursday 18th June 2015: Name of Firm: ..................................……………………........ .................…….................…….................…….................…..

Contact Name for booking: ...................................................

Email: .....................................................................................

The Runnymede Hotel on

Thursday 18th June 2015 Sponsored by Index Property Information Guest Speaker -

Sir Geoffrey Bindman QC Drinks Reception at 7.00pm, Carriages at 12.00 Dress Code - Lounge Suits & Posh Frocks Tickets - £60.00 per person inc VAT

Telephone ...............................................................................

Please reserve: ................... individual tickets at £50pp plus VAT (£60pp total) Please reserve: ................... table/s of 8 for our firm at £400 plus VAT (£480 total) Please reserve: ................... table/s of 10 for our firm at £500 plus VAT (£600 total)

Method of Payment – please tick box By invoice to: ………………………………………………… DX/Postcode: ……………………………………..

By cheque to Surrey Law Society, 18 Station Approach, Virginia Water GU25 4DW, DX 94652 Virginia Water

By BACS to Account No: 90539465 Sort Code: 20-29-90 Account Name: Surrey Law Society BACS payment made £ …….......……………...…… BACS reference ………......…..…………………….......…

Date of transfer ………………………...……...........

Surrey Lawyer 13

Residential Conveyancing

STAGES OF THE RESIDENTIAL CONVEYANCING PROCESS Members of the Law Society’s Conveyancing Quality Scheme will be required to comply with the Law Society’s Conveyancing Protocol which sets out the Law Society’s preferred practice in residential conveyancing transactions. This article should be read in light of the Protocol where it is adopted.

Offer and Memorandum of Sale In a standard transaction involving a marketed property, the agent will forward a memorandum of sale to both parties’ solicitors once an offer has been accepted by the Seller. This will set out the parties’ and lawyers’ contact details, the price and any other items that have been discussed. The memorandum is not legally binding. The terms should reviewed with the client to see if they are correct.

Confirmation of Instructions and Deduction of Title On receipt of the memorandum, the solicitors will confirm instructions following which title will be deduced by the Seller’s solicitor. The title, a draft contract and Property Information Forms will be issued by the Seller’s solicitor to the Buyer’s solicitor.

If the Property is leasehold, the Seller’s solicitor should apply for a management pack from the managing agent as soon as possible and forward this to the Buyer’s solicitor.

Copies of all documents should be forwarded to the parties by their solicitors for information and the clients should be kept informed as to progress throughout the transaction.

Investigation of Title On receipt of the contract and title papers, the Buyer’s solicitor will apply for searches. The standard searches should include Local Authority, Drainage and Environmental. Other searches may be required dependant on the location and nature of the Property. At this time the Buyer should also consider requesting a survey.

The Buyer’s solicitor will then review the title documents, the contract, survey and the searches and will raise any necessary additional enquiries about the Property, its legal status and will make any necessary amendments to the contract.

The Seller’s solicitor will respond to these enquiries and will comment on the contract amendments with a view to agreeing the contract.

At this stage, the mortgage offer from the Buyer’s Lender would be expected together with requests from the Lender to check any particular matters. Mortgage offers will tend to be subject to receipt of a satisfactory valuation which should also be reviewed by the Buyer’s solicitor. If the Buyer requires a mortgage, the offer should be in hand before exchange of contracts.

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It is common for a Buyer’s solicitor to act for both Buyer and Lender and in which case the solicitor will supply the Lender with a Certificate of Title confirming that the Property has good and marketable title. However, in some cases the Lender will have their own legal representation and the Buyer’s solicitor will have to comply with all requirements of the Lender’s solicitor.

Once replies to enquiries have been supplied and are satisfactory and the contract is agreed, the Buyer’s solicitor prepares and forwards to the Buyer a written Report on Title on the Property. The Report would highlight the legal status of the Property, title defects and other issues and would be accompanied by the Contract for signature. At the same time the Seller will sign their part of the Contract in readiness for exchange.

If the Buyer is satisfied with the Report on Title and to proceed to exchange, they will send their solicitors the deposit, usually being 10% of the Purchase Price.

If the Buyer is selling a property at the same time as buying, they may be able to use the deposit paid by their purchaser towards their onward purchase provided that the contract confirms that the deposit is to be held as stakeholder and can be used on any onward purchase.

In some circumstances, e.g. if there is a chain of transactions, it will be possible to agree a lesser deposit. If a deposit of less than 10% is paid, advice should be given to parties in respect of potential default within the chain and the position with regards to the balance of the 10% which may become payable to a Seller following default.

Once exchange is imminent, completion dates would be finalised. There is no guarantee that the preferred date will be possible as it will need to be agreed between both parties and any third parties involved in the chain.

Prior to exchange a bankruptcy/company search should be carried out against the Seller to ensure that they are able to proceed.

Exchange of Contracts Once the Buyer has been reported to, deposit funds have cleared and a completion date is agreed, exchange of contracts will be possible. At the point of exchange, the contract becomes legally binding and the deposit is paid to the Seller’s solicitor.

If for any reason either party does not complete the purchase/sale on the agreed date, the defaulting party will be in breach of contract and potentially financially liable to the other party. The time by which completion must take place is stated in the contract and will usually be 1 or 2pm. If completion does not take place by the specified time, interest becomes payable on the balance outstanding which is payable at the rate specified in the contract.

Lenders will not usually guarantee a time by which mortgage funds will be available on the day of completion meaning that it can be beneficial to ask Lenders to transfer mortgage funds the day prior to completion if they will allow this.

It is important to be clear on exchange whether the ‘risk’ in the Property has passed

to the Buyer or remains with the Seller and who has the obligation to insure the Property.

Clients should be informed accordingly in the Report on Title.

Between exchange and completion, the Buyer’s solicitor must ensure that funds are requested from the Lender and Buyer as required.

The Buyer’s solicitor must also prepare and agree the draft Transfer with the other side.

Once agreed this will need to be executed as appropriate with any Mortgage Deed.

The Buyer’s solicitor will also need to request pre-completion searches, usually to include OS1 or OS2 searches and any further Bankruptcy searches or company searches.

The OS searches will confirm whether any amendments to the title have been made since title was deduced and will effectively freeze the title for 6 weeks in favour of the Buyer or Lender in order to allow their solicitor to register the Transfer and any Mortgage Deed.

The Buyer’s solicitor will raise requisitions on title which will contain, amongst other things, the sum required to complete and any undertakings to redeem existing mortgages.

If the Property is leasehold, the Seller’s solicitor should prepare a completion statement showing any apportionments of service charge and ground rent.

If there is a mortgage registered against the title to the Property, the Seller’s solicitor will need to obtain a redemption figure from the Lender so that the above mentioned undertaking can be given.

Completion On the completion date, once the Buyer’s solicitor is in funds to complete, funds will be sent to the Seller’s solicitor by same day telegraphic transfer. On receipt of funds, completion will take place and the Seller’s solicitor will authorise the estate agent to release the keys to the Buyer.

At Completion, the Seller’s solicitor will arrange for any existing mortgage to be redeemed and will usually settle any estate agent’s commission from the proceeds of sale.

Post Completion Following completion the Buyer’s solicitor will pay any SDLT due and submit a return to HMRC within the 30 day time limit. If this time limit is not complied with, penalties and interest may be payable.

In addition, the Buyer’s solicitor will register the relevant documents (Transfer/Lease/Mortgage Deed) at the Land Registry within the OS search priority period.

If the Property is leasehold, there may be additional requirements to be complied with arising from the Lease i.e. service of Notice of Transfer/Charge on the Landlord. n

Residential Conveyancing

BOTH RESIDENTIAL AND COMMERCIAL CONVEYANCERS ARE KEENLY AWARE OF THEIR DUTY OF DUE DILIGENCE IMPOSED UPON THEM BY EITHER THE LAW SOCIETY, C.L.C. AND ALSO BY LENDERS DURING A CONVEYANCING TRANSACTION. In order to assist with this due diligence there are a variety of commercial and residential searches and reports, produced by experts in their field, which can furnish the Conveyancer with information that will enable them to make an informed decision.

When to Order Searches At the point of the transaction when the conveyancer has reviewed the title information they are then in a position to order searches and reports. The type of searches and reports required depends not only on the type but also the location of the property. For example if the property is situated in Cornwall the property may be affected by past mining activities, e.g. it may be at risk of being on unstable ground (sometimes called 'subsidence'). A mining report will confirm whether or not the property is at risk. The most important thing is for the conveyancer to have a good working relationship with their search provider to ensure they are kept up to date with new products that come onto the market so they are well equipped to order the correct searches.

What information should your searches include?

The majority of Conveyancers order four main searches: Local Search, Environmental Report, Water, Drainage Report and a Chancel Report.

Search of the Local Authority (Local Search) This can be ordered in two forms the first is a Council Local Search which is compiled by the council and the second is a Regulated Local Search compiled by a Regulated Search Agent who checks the council records. The search covers Land Charges, planning, highways and building control and is presented in two parts: Land Charges Register CON29R Questions (these are a standard set of questions created by the Law Society)

Environmental Reports The two main Environmental companies who are experts in their field are Landmark Information Group and GroundSure Limited.

They both provide reports that cover anything from Environmental Risk Reports to London Underground Reports. The reports ordered will depend on the location, type of property and your clients and lenders instructions. Each report will not only cover the property but an approximate radius of 250m.

Water and Drainage Reports These can be ordered in two forms the first is a CON29DW which is a form with questions created by the Law Society and answered by the respective water authority in which the property falls. The second is a Regulated Water Report which is compiled by a Regulated Search Provider and is collated by checking the records held by the relevant water authority.

The main part of both reports is to determine whether or not the property is connected to Surface Drainage, supply of Clean Water and Sewerage drainage. A plan should be provided with both reports to show the route of surface sewerage, and clean water supply.

parish church. A Chancel Report relates to the grid reference points of the property not the actual boundaries. Many conveyancing practitioners are undertaking No Chancel Insurance which means rather than establishing a potential risk they are just insuring against the likelihood for liability.

This can be ordered via your Search Provider. n For more information please contact our office on 01276 451 203 or email us at threecounties@indexpi.co.uk

Chancel Search Report A Chancel Report confirms whether or not the property has a Chancel repair liability to pay for certain repairs to the local

Surrey Lawyer 15

Residential Conveyancing

SPEED, EFFICIENCY AND TRANSPARENCY AN OVERHAUL FOR CONVEYANCERS Veyo, the comprehensive home conveyancing portal which will offer an efficient, secure and transparent way of managing the conveyancing process has been developed by The Law Society and global IT solutions specialist, Mastek UK, and is scheduled to launch soon.

Looking at research from a national survey into the consumer experience of buying and selling a home, Elliott Vigar, CEO of Veyo, highlights what customers are looking for in this increasingly competitive market and how the portal will help conveyancers meet their demands.

A key finding from the report was that the single most popular change homebuyers would like to see to improve the home buying process is a faster service.

Interestingly, this was more popular than lower fees or reduced stamp duty.

One in ten consider home buying to be the most stressful life event they have ever experienced, placing it above a redundancy and having a baby for the first time. Understandably home buying is incredibly stressful, there is a huge sum of money at stake. But the waiting aspect of buying a home was revealed as the greatest stress point. Our survey revealed an average conveyancing time in England and Wales of 11.3 weeks. In our digital era, this is simply not good enough for homebuyers.

As a result, a quarter of the 2000 respondents, who were recruited through an independent research panel, are willing to pay more for a speedier service. With only 35% of the respondents stating that they are unlikely to pay more, the remaining 40% were undecided. This strongly suggests that this is not an overly price sensitive market and that conveyancers or solicitors who are able to demonstrate their speed and efficiency will have a competitive edge.

SPEEDY EFFICIENCY The obvious way to improve speed is to use more process managements and integration of IT. Veyo brings together all the processes, checks and documentation prepared and undertaken by solicitors and licensed conveyancers in the sale and purchase of residential properties. The system will enable greater efficiency for conveyancers and offer an improved

16 Surrey Lawyer

service overall. It will allow professionals to better communicate with each other, clients and other parties and satisfy due diligence obligations more quickly.

Veyo is built around the Law Society protocol which means that users can rest assured that preferred practice is being followed. Veyo will enhance risk management as audit trails, anti-money laundering and identity checks will be embedded in the system.

Many consumers in the survey also vented their frustrations about poor levels of service and poor communication. Most consumers have limited knowledge of the conveyancing process, with over a third of respondents feeling they only had basic knowledge or no idea at all about the process. In particular, consumers find the negotiation, reviewing vital documents and responding to enquiries as the most onerous part.

Therefore it is unsurprising that the third most popular change consumers would like to see to serve them better in the future is improved communication and greater transparency with advice up-front, enabling them to feel more in control.

A UNIQUE SERVICE IMPROVING TRANSPARENCY What makes Veyo so unique is that it is a system which has been designed for conveyancers but it also meets the needs of all parties involved in the transaction process. All documentation for each transaction will be kept online, in one place, on the user-friendly system that will track activity and progress and issue automatic diary reminders of actions needing to be carried out.

Consumers will be able to go online to review documents such as search results, check the progress of their home purchase or sale, and even view the status of other buyers and sellers in their housing

Elliott Vigar, CEO of Veyo

chain. A mobile responsive website will offer instant updates and access to information on their house sale or purchase via a smartphone or tablet.

We have long been aware of homebuyers’ misgivings about the conveyancing market. The independent research clearly reveals what the customers want and the important areas for those in the profession to modernize and innovate in order to raise the standard.

Just under half of respondents said they were not sure or unlikely to offer repeat business to their solicitor or conveyancer. And with 36% of the respondents planning to move in the next three years, this is a huge amount of repeat business lost.

The industry has widely accepted and is talking about the need to change and finally we are coming up with the answers. Whilst many conveyancers have started to put some infrastructure in place to streamline the system there has yet to be a service for the entire endto-end conveyancing process - until now! There is an appetite for change amongst homebuyers. They are frustrated with the system and we believe they will be championing a product that will make the conveyancing process faster, more efficient and more transparent. n For access to the market research report for free please email info@veyo.co.uk

Residential Conveyancing

ARE ALL LEGAL INDEMNITY POLICIES EQUAL? In today’s legal indemnity insurance market it would be logical to assume that all title insurers offer the same level of insurance cover for the same types of risks.

However, in reality this is not always the case due to differing policy limitations.

Unfortunately, conveyancers and their clients’ only find out what these limitations really meant when it is too late… usually when a claim is rejected.

For example, when an Insured applying for planning permission or other consents to carry out works to a property, he or she may put themselves in danger of invalidating an existing indemnity policy which is covering previous works carried out to their property.

Many insurers will automatically void all claims that arise as a direct result of such applications without exception.

It is clear from above two examples (and there are more), that all Legal Indemnity insurance policies are NOT equal. Whilst, policy costs remain one of the factors a conveyancer needs to consider, it is by no means the most important factor. Surely the most important factor for any conveyancer is ensuring that their client’s legal indemnity needs are fully matched with right policy.

Policy duration and transferability is also often overlooked. For example, many chancel policies are limited in time which is usually to 25 years or the duration of the named Insured’s ownership and/or excludes all successors in title. Depending on your client’s needs, this may or may not be adequate or appropriate.

At Guaranteed Conveyancing Solutions (GCS), not only do we truly believe in comprehensive cover terms as standard across the whole of our policy range, we also believe in simple wordings which is why our policies are one of the most easy to understand.

For example, GCS makes it clear in our wordings that new works ‘can’ be carried out to the property provided that the lack of consent/s for the existing works is not drawn to the local authority’s attention and provided that the new work is not reliant on or in the same area as the work/s covered by the policy. Additionally, GCS’s no search chancel policies all provide cover in perpetuity and covers all successors in title.

About the author: Sandy Atkinson has over 14 years of experience underwriting legal indemnity insurance policies and is the Head of Underwriting at Guaranteed Conveyancing Solutions. n

Surrey Lawyer 17

Residential Conveyancing

TOP 10 QUESTIONS TO ASK YOUR SEARCH PROVIDER SEARCHFLOW’S LATEST CONVEYANCER SENTIMENT SURVEY REVEALED THAT 48% OF CONVEYANCERS CITE PROFITABILITY AS THEIR MAIN CONCERN FOR THIS YEAR WHEN CONSIDERING THEIR OWN BUSINESS. BUT IN THE CUT AND THRUST OF A BUSY LEGAL PRACTICE IT CAN SOMETIMES BE HARD TO SEE THE WOOD FROM THE TREES. TAKING A STEP BACK AND EXAMINING BUSINESS PRACTICES, THEN THINKING ABOUT WAYS TO INTRODUCE MORE EFFECTIVE AND EFFICIENT WAYS OF WORKING CAN BE ONE WAY TO BOOST THAT ALL - IMPORTANT BOTTOM LINE. “Implementing a lean business practice into a law firm will certainly help its profitability,” comments SearchFlow Head of Marketing, Adam Bullion. “These don’t have to be enormous changes, but reviewing standard business practices can reveal some sticking points which could be improved and save firms valuable time and money.”

One of the ways conveyancers can improve efficiencies is through the partnership with a search provider which understands their business. Bullion explains, “The search process is a big part of the conveyancing operation, so finding the best search provider for your firm is essential. Not only will this help profitability, but it will also benefit relationships with customers through the quick delivery of accurate results.”

However, the market place is crowded with search providers. With strong competition, and little apparent clear differentiation between each provider, it may be difficult to decide which one to choose.

SearchFlow has put together a list of top 10 questions conveyancers should ask their search provider to ensure they get the right level of expertise, speedy service, flexibility and convenience that makes lawyers’ lives easier:

1. Are you able to place search orders in three simple steps?

Ensure that it is a simple process to reduce time wasting. And ensure that risk screening takes place, identifying areas of risk and recommending search types, so you don’t have to search again to find missing or incorrect information.

2. Do you offer state-of-the-art mapping tools?

A map should offer aerial views to make it easier to find difficult properties. This

18 Surrey Lawyer

reduces processing time, as well as ensuring that the correct properly location is plotted.

up-to-date. Ensuring data is comprehensive will help to avoid defects. Searches should be Search Code Compliant.

3. Are you a member of a search code compliant regulatory body?

8. How proactive are you?

Lenders accept searches from search providers if they are part of a regulatory body such as CoPSO. This also offers protection for anyone who relies on the information from the property search reports, as well as ensuring a quality standard throughout the products and services on offer. Membership of a regulatory body gives consumers and property professionals confidence in the data provided.

4. Do you have extended coverage for negligence or omissions?

How much additional cover do you offer?

This gives you reassurance and the confidence to know that you can take out additional, comprehensive cover whenever necessary.

5. How do you add value to specific areas of my business?

Can your search provider go the extra mile and offer you more than just search?

This can take away the administrative burden from you, freeing up your time so you can focus on responding and servicing your customers more efficiently.

6. Are you an NLIS channel?

This is an electronic connection to all local authorities that reduces waiting time and is regulated, again, offering you peace of mind.

7. Are searches accurate, comprehensive and up-to-date?

Ask whether or not the provider uses database information (derived data) or if the information is real-time and fully

Your search provider should work with you to ensure an easy set-up and provide ongoing support. Will they notify you about change of delivery dates, changes in legislation, Law Society guidance notes and proposed changes within the industry? They should be able to support you and keep you up-to-date with the conveyancing market.

9. Do you employ a dedicated personal search team?

They should be able to provide an efficient personal search service, obtaining data from source. This should therefore give you a fast turnaround time and is a convenient way to deliver against your service-level agreements.

10. Do you share performance analysis?

Your search provider should be able to share with you the volume of searches performed, how many have been manually intervened, insight around resolution times, and reasons for delays.

Your search provider should be able to answer these questions with ease. If they’re able to confirm each of these points, it will enable you to maintain a search process that is as stress-free and simple as possible, while helping you run an efficient conveyancing operation.

Call 01732 523952 if you would like to speak to SearchFlow about the services they offer. n

Health

A weight off your shoulders... and hips With chronic health conditions associated with obesity rising, the importance of living a healthy lifestyle has never been more relevant. Short term ‘crash’ diets have been shown to be ineffective in providing solutions to long term weight issues and more and more patients are seeking surgical treatment to improve the quality of their life.

Fatty foods and sugary drinks are cheap and aggressively marketed to suit the convenience of the consumer, making it all too easy to fall into unhealthy dietary habits. This problem is further exacerbated by our ‘couch potato’ lifestyles. Unhealthy diets and lack of regular exercise is a direct cause of obesity which has been portrayed by the growing statistics in the UK. Around 60% of the UK population are overweight and 1 in 4 are obese. Most of us are well aware that being overweight is a precursor for chronic health problems, rather than just a cosmetic issue. Being overweight increases the risk of chronic health conditions such as; heart disease, diabetes, high blood pressure, osteoarthritis and various cancers.

Experts have warned that the number of fatalities due to obesity may even start to exceed those caused by smoking.

There are countless weight-loss methods and strategies out there and help is available from a variety of sources. However, those

20 Surrey Lawyer

who are obese are likely to find dieting alone ineffective, and surgical options may prove the most effective long term solution.

Bariatric surgery typically involves reducing the size of your stomach with a gastric band, sleeve or balloon in order to reduce the quantity of food you can consume.

Surgery will not only produce significant and sustained weight loss but it can also help relieve and prevent chronic health conditions associated with obesity. Research has shown that bariatric surgery can reduce the risk of type 2 diabetes by 80%.

Procedures are minimally invasive with a quick recovery time.

Am I a candidate for weight loss surgery?

To be considered for weight-loss surgery, you must meet at least one of the following criteria: •

Have a body mass index (BMI) of 40 or higher (20 to 25 is considered as normal)

•

Have a BMI of 35 or above whilst having another serious health condition that could be improved if you lose weight (e.g. type 2 diabetes or high blood pressure)

Weight loss surgery is a long-term commitment and a lifelong change so it’s vital you choose carefully where to have surgery while seeking the opinion of an expert. At Spire St. Anthony’s, dedicated before and after teams are here to provide treatment tailored to your individual needs and support you throughout your weight loss journey. From making that first decision, to providing ongoing weight loss support and advice long after surgery, we take pride in delivering the highest of quality care to help you live a healthy life.

Our teams are headed up by experienced surgeons including Consultant Bariatric Surgeon, Mr Marcus Reddy. He is the lead upper GI surgeon at St George’s Hospital NHS Trust, London and developed the South Thames Bariatric Service. He carries out some of the highest numbers of procedures of all weight loss surgeons in the UK every year with 0% mortality rate. Mr. Reddy operates across all types of Bariatric surgery including: • • • •

Laparoscopic Gastric Banding Sleeve Gastrectomy Roux en Y Gastric Bypass Revision Surgery

• Super-obesity

Mr Reddy holds regular clinics on alternate Wednesday evenings.

To find out more about the bariatric treatment we provide please call:

020 8335 4646

Legacies

LEAVING THEIR BELOVED FOUR-LEGGED FRIEND WITHOUT AN OWNER Some dog owners worry what might happen to their dog if they were to pass away first, leaving their beloved four-legged friend without an owner. Thankfully, Dogs Trust, the UK’s largest dog welfare charity, offers the Canine Care Card, a special free service that aims to give owners peace of mind, knowing that the charity will look after their dog if the worst should happen. Not only does this offer reassurance to dog owners, it also helps to ease the minds of friends and family during what is already a distressing time.

Over the past 12 months, Dogs Trust has taken in a whole host of dogs across its 20 rehoming centres in the UK as part of the Canine Care Card scheme and helped them settle into new homes. Two of these dogs were duo Telia and Freddie who arrived at Dogs Trust Darlington aged eight-years-old after their owner had sadly passed away. The loveable pair were firm favourites with staff and volunteers, both enjoying long walks and playing in the water whenever they got a chance.

Telia had been diagnosed with arthritis prior to her arrival at Dogs Trust and was able to get all the care she needed while she awaited her forever home. Dogs Trust never puts a healthy dog down, and works hard to match every dog with a responsible, loving home. Happily, Telia and Freddie were soon settling in with a loving new family after being cared for at Dogs Trust Darlington.

Adrian Burder, Dogs Trust CEO says, “Thanks to Dogs Trust’s Canine Card Card scheme, dogs in need of a new home are given a lifeline, meaning that Telia, Freddie and many dogs like them are able to get a second chance at happiness and bring joy to a new family. If you decide to become a Canine Care Card holder, we will issue you with a wallet-sized card. It acts in a similar way to an organ donor card and notifies people of your wishes for your dogs, should anything happen to you. Dogs Trust also strongly recommends that you mention the care of your dog in your Will. That way, there can be no confusion about your wishes.”

Surrey Lawyer 21

Professional Practice

Providing contract templates online ContractStore was one of the first online companies to offer contract templates from its website www.contractstore.com, back in 2002. Giles Dixon, one of the founders, and himself a solicitor, says the company was set up primarily to fill a gap in the market - to enable small businesses to have access to legal documents that they could understand as well as be able to afford.

T

hese two qualities, clarity and affordability, are found throughout ContractStore’s catalogue which has grown from an initial 40 to some 300 templates, with the documents written in plain English, avoiding unnecessary legalese. And while the target market remains smaller businesses, the range of customers has expanded to include larger companies and a fair number of law firms, with occasional purchases by Government and several sales around the World as well as in the UK. When we suggested that ContractStore and other companies providing legal services online are a threat to the profession, Giles disagreed: “Solicitors should see us as a useful resource, not a competitor”, he responded, “ContractStore offers lawyers a helpful precedent bank which is more suitable for smaller businesses than PLC or other similar precedents. And a very cost-effective one, too: think of the return on a £30 template even if you only it use it for one client! Moreover, we have a range of practical commercial and construction documents not found in the usual precedent libraries.”

Also, Giles points out that every download comes with a message advising the customer to obtain legal advice before using the document.

“A firm of solicitors that uses one of our templates to give a low-cost deal to a client starting a new business is going to win some brownie points with that client: he or she is likely to come back to the firm when the business has developed and needs more complex legal advice.”

In any event, digital services are here to stay - as Roger Smith pointed out in a recent issue of the Law Society Gazette - and Giles sees this as an opportunity for solicitors and ContractStore to work together to maintain high standards.

ContractStore has a number of initiatives planned with this in mind during the coming year, beginning with a proposal for law firms to benefit from a discount when using ContractStore documents. In addition, a database of contract clauses is being assembled that will give some ContractStore customers access to an A to Z of several hundred clauses. A future article will outline other ideas.

ContractStore also welcomes contributions from law firms to its blog http://blog.contractstore.com/ Any article or news item likely to be of interest to small and medium businesses will be considered, with proper accreditation and a link to the contributing firm’s website for anything that is posted on the blog.

Any reader who is interested in obtaining precedents from ContractStore or in offering items for the ContractStore blog should contact the company at contracts@contractstore.com 22 Surrey Lawyer

Pictured: Giles Dixon Director, ContractStore

Professional Practice

TUPE, or not TUPE, that is the factual question -

I

n a sense, the title to this article is more than a play on Prince Hamlet’s words and can be read in at least two ways for the purposes of employment law. It could be a decision on which a company ponders pre-acquisition or the examination undertaken by a tribunal post-acquisition.

A matter of TUPE in the employment tribunal is not too uncommon a feature but the issue of a ‘relevant transfer’ and the share sale of a business after is not your everyday occurrence. And, yet, to some degree, it is surprising that there aren’t more. I say that because for the lay (from a legal perspective) entrepreneur, in the absence of specific legal advice, there is probably little difference between a relevant transfer as defined by reg.3 of TUPE 2006 [transfer of an undertaking or business situated immediately before the transfer in the UK to another person where there is a transfer of an economic entity that retains its identity] and a share sale, which does not, of itself, amount to a TUPE transfer: The Print Factory (London) 1991 v Millam [2007] ICR 1331. The potential ‘little difference’ has been judicially recognised.

In Millam, Moses LJ stated at p.1337, ‘There will often be little to distinguish between the case of transfer of control on acquisition by a new parent and transfer of the business to a new parent.’

For the employer, getting it wrong could be rather expensive. It is not enough simply to rely on the share agreement between the ‘seller’ and ‘buyer’ of the shares in question. As Buxton LJ stated in Millam at p.1336, ‘The legal structure is of course important, but it cannot be conclusive in deciding the issue of whether, within that legal structure, control of the business has been transferred as a matter of fact.’ Yes, it is a ‘matter of fact’ for the tribunal to determine on its examination of the evidence and not simply an endorsement of what the ‘legal’ share agreement states.

In Millam (a case considered under TUPE 1981 but, for the purpose of this article, there is no material difference from TUPE 2006), C was employed by FP. FP's parent company (Parent Co) sold it by way of a share agreement to M. C was told that his employer's identity would not change but also, confusingly, that his employment would continue, 'under the TUPE Regulations'. C was later dismissed when M went into administration. The following day R acquired the business. C brought proceedings against R for, amongst other things, unfair dismissal and wrongful dismissal. However, R could be liable to C (liabilities passing from M to R) only if C was employed by M, and M could have

employed C only if, 'contrary' to the share sale agreement between Parent Co and M, there was a transfer under TUPE from FP to M. There was evidence that, at the time of the share sale, employees were told that it was M’s intention fully to incorporate the business of FP into its own. Later, there was evidence that M paid C’s wages. In fact, FP did not even have a wages department of its own. Amongst other things, despite the share agreement there was clear evidence that FP’s activities were controlled by M. The ET found that there had been a transfer between FP and M. R appealed successfully to the EAT. However, allowing C’s appeal, the Court of Appeal held, amongst other things, that the question was whether as a matter of fact the business in which C was employed had been transferred from one company to another and that the EAT had misdirected itself in referring, as it had, to the issue of ‘piercing the corporate veil’.

a transfer had occurred, not between JL and M

by Ryan Clement (the purchaser of the shares), but between JL and Parent Co. It found that, following the share sale, although JL gave the outward appearance of autonomy, separate and in competition with Parent Co, that was not in fact the case. On appeal the EAT found that no error of law was disclosed in the ET’s legal directions, or in its analysis of the facts and conclusions.

One is almost tempted to suggest that, if in doubt, good practice demands that an employer consults with its employees, whether or not it believes TUPE applies, of the fact of what is taking place and the employer’s immediate intentions. But, from the above, it is clearly more complex than that. As advisors, employers have to be alert not only to the legal arrangement of a pre-acquisition share purchase but also to the post-acquisition intention, which is a matter/question of fact. n

More recently was the case of Jackson Lloyds Ltd & Mears Group PLC v Smith & Others UKEAT/0127/13/LA. However, on this occasion the focus was less on the company by whom the shares where purchased (M) and more on its parent SERO Security provide expert company (Parent Co). penetration testing services In this case M to help identify the weakest purchased 100% of areas of your cyber defences. the shares of JL. Following the This enables your organisation purchase, Parent Co to mitigate vulnerabilities embarked on a and reduce the risk of programme of being compromised during integration. The ET Cyber Attacks. found that immediately prior to > Identify vulnerabilities in the share purchase your information systems Parent Co appointed > Secure your intellectual an ‘integration property and sensitive information consultant,’ whose > Protect your digital assets remit was, ‘…to turn from hackers and cyber criminals around the [JL] brand using [Parent Co] systems, policies, procedures, methods and its central services, leaving [JL’s] operatives in their former liveried uniform but to all intents and purposes controlled by [Parent Co], at least until such Speak to a specialist on 01489 559485 or time as he had revived email info@serosecurity.com its business…’ The ET www.serosecurity.com found, therefore, that

Would your Legal Practice be able to withstand a Cyber Attack?

Surrey Lawyer 23

Professional Practice

QUOSTAR OFFERS LEGAL FIRMS FIVE CYBER SECURITY TIPS TO HELP GET SAFE ONLINE With brand new EU data protection regulations on the horizon and the news that cyber attacks now cost firms double what they did four years ago, cyber security is quickly taking on greater significance.

This is especially the case in the legal sector with its vast quantities of sensitive, private information, and clients that are increasingly requiring their lawyers to be available 24 x 7, wherever they are and on whatever device they have in front of them.

Robert Rutherford, CEO of business consultancy QuoStar has identified five essential preventive measures legal businesses should have in place to ensure that they don’t fall foul of cyber criminals, or regulators:

However, these are rarely controlled by the firm and plenty of companies are still not encrypting their centrally controlled devices, even where sensitive data is involved.

Two-factor authentication -

Most firms haven't really evaluated what their risks are. You simply can't protect what you haven't assessed. Firms need to evaluate every asset and service within their business, not simply IT hardware and systems. Once they have identified these they need assess the risks associated with that asset and how it could impact the firm. Using this information, the controls for those risks should be documented.

Many firms are still just using passwords to access IT platforms, both within the office and whilst working remotely. On their own, passwords aren’t secure. The threat landscape is too big to just rely on something as easy to crack as a password. Two-factor authentication has taken off recently in the banking sector in particular. The banks insist on it for a very good reason.

Risk assessment -

Business continuity plans - Staff training A tried and tested business continuity plan is essential for any firm. However, many companies still don’t have one, and many more don’t test it regularly or in earnest. This is one of the biggest and most worrying of all lapses in security.

Not having a plan to recover and operate after a significant event is negligent, verging on criminal. Regular backups are also essential.

Device control Lawyers now need to have access to company systems and processes any where and at any time. This is driving the increasing use of mobile devices such as laptops, tablets and smartphones.

24 Surrey Lawyer

The largest weakness in most firms’ security is their people, both IT and users.

It's imperative that people understand the risk they pose and how to be more aware of the threats. It’s surprising how many firms can be breached by simple confidence tricks, for example pretending to be a new team member in IT and directing them to a web page to allow access. The risks around staff are serious, so educating them is essential.

Robert Rutherford concludes: “At the fundamental level, the threats haven't really changed all that much in the last 20 years. What has changed is the driving force behind the threats.

Previously, hackers would typically be doing it for interest and the challenge, however this has quickly evolved into the pursuit of money, particularly through extortion, blackmail and corporate espionage. This trend has brought the threats to the gate of every single business, especially those with sensitive data to protect, and that’s made the legal industry a prime target.”

About QuoStar: QuoStar is a rapid-growth, privately-held business consultancy and information technology firm headquartered in the United Kingdom. QuoStar delivers strategic and technical consultancy, IT Outsourcing and a comprehensive range of enterprise-class managed cloud services. The company’s client profile encompasses a broad range of industries and businesses with a turnover of up to £200M in the UK and overseas. n For further information, feel free to contact Robert Rutherford via http://www.quostar.com

Professional Practice

Morrisons Solicitors WINE OF in Camberley THE SEASON announce the arrival of Joy Hankins with Conal Gregory, Master of Wine

Morrisons Solicitors have demonstrated their commitment to providing outstanding legal services to the local area by strengthening their legal team at their Camberley office with the appointment of Joy Hankins.

Joy, a dual qualified Solicitor and Barrister, has been leading a small business law firm for the past three years, before which she was Head of Employment at a Legal 100 firm and prior to that, with a top 50 firm. She has over twenty years experience of employment, dispute resolution and business immigration law. Having successfully gown her own practice she understands through photo: Joy Hankins firsthand experience the pressures of small business life. This combination of legal and business experience means that she applies the law in a very practical way, with commercial insight.

South Australia has succeeded in making a stylish Chardonnay to compete with some of the finest Burgundies. Shaw & Smith’s M3 Chardonnay is made from low-yielding vines in the Adelaide Hills. With partial wild yeasts and barrel fermentation, it drinks gloriously with fish like seabass. Appealing lemony aromas and long length of flavour, the 2013 will repay keeping five years. £24.99 (Liberty Wines).

She will be developing the firm’s presence in Camberley and its environs, while continuing to provide her clients with a first-class service. Described as “refreshingly different”, one client recently wrote saying:

“Joy combines a detailed knowledge of employment law with a practical knowledge of its application. She is determined in pursuit of ensuring the best for her clients. I have been grateful for her empathetic but realistic approach when I retained her, to the extent that I have had no hesitation in reaching out to her for her help on more than one occasion."

For more details of how Morrisons can help you, your family or your business visit www.morrlaw.com. For assistance from Joy on any aspect of your business contact her direct on 01276 605 941 or via email joy.hankins@morrlaw.com

Atlantico Sur Tannat

Basque settlers from Madiran introduced the Tannat vine to Uruguay in 1870. The country’s moderate, Atlantic-influenced climate is in total contrast with neighbouring Argentina. From the new, slightly inland area of Sierra de Mahoma comes a rich, dense and velvety example made by Familia Deicas Atlantico. Aged for six months in barrel, the 2013 Reserva can be enjoyed now but even more so over the next three to four years. Great with lamb. £12.50 (IEC Wine Society).

Sponsored by NFU Mutual Bespoke, high-value home insurance tailored to protect everything you value, including art, antiques, fine wine and more.

Visit www.nfumutual.co.uk/bespoke for further information.

Surrey Lawyer 25

Professional Practice

The Paperless Office: 5 Practical Tips for a 21st Century law firm The "Paperless Office" has been talked about for years, but the reality still remains elusive to most law firms, says Richard Hugo-Hamman, Chief Executive Officer at LEAP Legal Software. Is the paperless office a realistic goal for law firms?

“Why do you say we should go paperless?”

Some lawyers have a system whereby every email they send and receive is printed out and placed carefully in a manila folder. What a waste of time and money. I don’t run a law firm but I have visited many over the years and I can say yes, there are paperless law firms operating today. I have seen them and it really does work.

Changing from paper to paperless takes courage and the acceptance that properly stored electronic data is far more secure, safe and accessible than we ever thought possible. Our work habits have also changed dramatically so we now need to ensure we have the right technology. The smartphone/tablet is having as profound an impact on how we work as the desktop PC did a generation ago. It is this mobile element that is driving the paperless revolution.

The way forward is by using a system that integrates your matter, document and accounting requirements in a single application. And to ensure that it is easy to use wherever you are, a cloud based system is best.

Going paperless in 5 steps: 1. Incoming documents Today most correspondence arrives electronically. It should be easy for you to associate every incoming document with the correct matter. The conundrum is what to do with incoming documents.

From observation of clients, these are triaged, literally, and treated as follows: • Letters and other documents where the existence of the original is unimportant – scan to the matter and destroy the original.

• Documents where the original is important and you need to keep it permanently – scan to a Safe Custody record and store the documents in an organised Safe Custody facility.

26 Surrey Lawyer

A good scanning system is critical to enable this to happen and you should be able to scan conveniently to a matter directly from a scanner on your desk or nearby.

2. Outgoing documents Every document in every form should have its original stored against the matter. With a good system, whenever you create a piece of correspondence or other document, the new document will automatically be associated with the matter you are working on. If not, you should be able to easily add it to the matter. If you produce documents and then have to scan them in order to add them to your document management system, well … it’s time for an upgrade.

3. Precedent letters and forms and complex documents The old tendency to keep ‘a good one’ in the bottom drawer is probably embedded in our human nature as lawyers, but the problem is no-one else will know it’s there.

Whether a simple letter, a complex family court form or a deed of trust, you should have these easily available, when needed. A good system will provide you with a stock of “off the shelf” forms and precedents, as well as a way to easily and economically incorporate your own precedents into the system. If there is only one place to store the document, then there is only one way to find it.

4. Invoices and reports If you’re relying on your bookkeeper to produce your bills, then chances are you’re behind the curve. With a good system you can easily find, view, create and email an invoice, all without a bookkeeper or piece of paper in sight.

If you can, as you should be able to, create any report at any time for any

time period, then there is no need to keep reports in paper form at all. Some firms even keep copies of receipts ‘for the file’ unnecessarily. Your system should make it easy for you to provide a duplicate of a receipt or any other document.

5. Time Records and Contemporaneous Notes Making your attendance records in a paper file or even on a specially created paper ‘timesheet’ is inefficient, often inaccurate, and the cost of these errors can be enormous. If you just record all attendances on your smartphone or desktop as and when they occur, accuracy will increase and so will your billings. Time stamped, they are your ultimate record of your work.

Paperless reporting can offer many benefits to a practice, including reduced storage requirements and immediate comparison of past accounting/sales periods. Secure and encrypted off-site storage assists with business continuity and disaster recovery planning, and remote access for the accountant reduces audit costs significantly.

Electronic working means that a lawyer can easily work on a file from home in the evening or at the weekend, without having to take a paper file home with no risk of leaving a folder on the train or having it stolen from a car. As technology advances and applications become faster and more efficient, it is no wonder that more and more firms are moving towards the paperless office. Will you? n www.leap.co.uk

Professional Practice

DX PROVIDES VITAL SUPPORT TO THE BAR’S NATIONAL PRO BONO CHARITY DX, a leading independent mail, parcels and logistics end-to-end network operator in the UK and Ireland, has helped the Bar Pro Bono Unit during the recent surge in demand for its services which saw a 51% increase in applications in 2014. The Bar Pro Bono Unit is the Bar’s national charity that matches members of the public in need of legal help with barristers who are willing to volunteer in deserving cases for those who are unable to obtain legal aid and cannot afford to pay.

The Bar Pro Bono Unit is the only charity that provides pro bono assistance nationwide in every area of law, through a network of over 3,500 barristers, from tribunals through to the Supreme Court.

The charity ensures that, in each case, the barrister providing assistance is able to offer the same expertise and experience as would be expected in a paying case.

DX Exchange has been integral to the Bar’s pro bono operation for the last 18 years. DX ensures that original hard copy documents for each case are transported

from the charity’s base in Chancery Lane to its volunteer barristers spread across England and Wales, and that they arrive on time, every time.

Kuki Taylor, Fundraising and Communications Manager at the Bar Pro Bono Unit, comments: “We are very grateful to DX Exchange for its unwavering support and superior service, as it enables us to help those most in need of legal help.”

Paul Doble, Chief Sales & Marketing Officer at DX, adds: “The Bar Pro Bono Unit plays a hugely important role in ensuring everyone receives the legal representation that they deserve, irrespective of whether they have the funds to pay for this service.

We have been operating in the legal industry for the past 40 years and are in a unique position to provide the Bar Pro Bono Unit with the logistical support it needs to support its operations.”

Surrey Lawyer 27

Professional Practice

What Are My Options?

Option Agreements for Developers by Ian Jones With the rate of building now likely to plateau later in 2015, developers may now be looking for new projects and to rebuild their land banks. Many will want to hedge against the peaks and troughs of a volatile market by taking options on possible development sites. Ian Jones of Artington Legal looks at important issues in an option agreement for developers.

I. Identify the Owners - land may be owned by several parties or in several parcels. Tying up the owners can be like herding cats, but it is vital that all are brought under one option agreement.

This reduces the risk of one holding out for a better deal.

2. Who is the “Developer” - are you going to create a special purpose vehicle to hold the land? Consider rights of assignment of the agreement and the right to charge the option. You may need to move the option around the corporate group or grant a charge over it to secure early funding.

3. Planning - make sure you control the planning process. Ensure that the landowners take no steps to stymie your planning scheme or impose onerous conditions. Consultation rights may be appropriate, but ensure each owner undertakes that they will not oppose planning. Build in appropriate extensions to the option timetable in case you have to go to appeal. Ensure that you can get the landowners’ participation in any Section 106 or similar agreements.

4. Covenants and rights over the land - these are often overlooked.

Without good due diligence, you can see your profits squeezed through having to make payments to release covenants or alter easements.

5. Price - Pricing structures can be a single option payment through to complex structures reflecting milestones such as planning and overage (effectively a share in super profit). Consider how the land is valued after each of these events. Should you restructure the payment if there are unforeseen delays or issues?

6. Enforceability - options should be registered at the Land Registry to get the maximum protection against third parties.

7. Environmental Costs - who will pay the clean up costs of any environmental problem? Are you going to require the land-owner to contribute? This is of particular importance when dealing with brownfield sites, former petrol stations and redundant utilities sites that are often conveniently located for development.

Restrictive Covenants: a brief overview

8. Owner’s Activities - restrict what the owners do with the site pending getting planning permission. You should consider restrictions on use. You should also consider who insures the land and any buildings works during the option period.

9. Confidentiality - you need to protect the commercial information in your agreement. You do not want other owners of target land finding out what you may be prepared to pay thus inflating prices.

Not every issue in an option agreement is mentioned here. Even the most astute and experienced developer can overlook these points when settling the basic option terms.

If you would like more information about option agreements or other real estate issues, please contact our Commercial Property team: Ian Jones: ian.jones@artington.com) or Rebecca Keeshan: rebecca.keeshan@artington.com

Finally, the developer can make an application to the Upper Tribunal (“UT”) (formerly the Lands Tribunal) for the enforce the covenant provided they can show that the covenant modification or discharge of the restrictive covenant pursuant Restrictive covenants can have a serious impact to section 84 of the Law of Property Act 1925. upon the potential for development of a piece of land. benefits or preserves the value of that land.

In some cases the development will fail completely.

The developer should certainly not simply proceed with the Simon Wood, Barrister within the Commercial proposed development without considering the possible The UT can discharge or modify the restriction if Litigation department at law firm Hart Brown, consequences. This is because any beneficiary of a restrictive satisfied that one of the following grounds apply: summarises how restrictive covenants work and how covenant can apply to the courts to have any threatened breach 1. the covenant is obsolete because of changes in the (e.g. the building of another property on the land) stopped by they may be circumvented. character of the land and/or changes in the character of the an injunction, and/or they can claim damages. neighbourhood or other material circumstances; The first point for the developer to appreciate is that planning Nevertheless, the developer has several options to circumvent permission does not override the covenant. The planning 2. the covenant impedes some reasonable use of the land. If authority will usually only consider the application in respect of this potential stumbling-block. planning permission has been obtained, this may assist in proving its planning merits and will not consider the private rights as The first is to try and negotiate the release or variation of the that the covenant impedes some reasonable use of the land; between the respective parties. This can also often be a source restrictive covenant. This will only be effective and should only 3. the beneficiaries expressly or impliedly agree. of confusion to the person who has the benefit of the covenant be attempted where the full extent of the land that benefits from and who is intending to object to the planning application. the restrictive covenant can be ascertained and all of the owners It should be noted that the UT has power to order the applicant to pay compensation to the person or persons entitled to the benefit The developer should then check that the covenant still affects of the benefiting land can be identified and located. The of the covenant, either for any loss or disadvantage suffered as a developer should be prepared to make some payment for any the land. Usually, this can be confirmed at the Land Registry release or variation of the covenant. However, this need not be result of the discharge or modification of the covenant, or to make where extant covenants will be recorded in the Office Copy up for any reduction in the price originally received for the land Entry for the property. If the land is unregistered it may be more unreasonable if the developer has done his or her homework and can show what effect the new development would have on on account of the imposition of the restriction. difficult to establish whether the covenant still has effect the value of the land with the benefit of the covenant. especially if it was granted many years in the past.

In conclusion, restrictive covenants can have a serious impact Secondly, it is possible to obtain indemnity insurance to protect upon the potential for development of a piece of land and the The developer should then find out who may have the benefit grant of planning permission cannot override their effect. against the risk of a person with the benefit of a restrictive of the covenant: anybody who currently owns any part of the Nevertheless, there are measures which the developer can take covenant seeking to enforce it. However, it is unlikely to be land originally benefitted by the covenant will be able to available in circumstances where beneficiaries of the covenant in order to sidestep the problem; the likelihood is that they will involve additional expenditure. have made it clear that they will seek to enforce the covenant.

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Professional Practice

Document security in an increasingly mobile world The workflow, life and trail of a document are more mobile than ever. With legislation increasing the digitisation of document management across soliciting, paralegal, insolvency, civil rights, banking, commercial, corporate, environmental, property and finance sectors, the legal sector is having to evolve and become increasingly sophisticated.

In a recent KYOCERA survey of over 500 people within the UK legal industry, almost half of respondents cited security as their biggest concern when it comes to technology. This was deemed more important even than cost cutting (45%) and looks set to continue as new techniques such as mobile and cloud gain in popularity within the workplace.

Increased digitisation and mobility should not, however, compromise the security of data and documents.

In order to maintain document security, legal organisations should consider deploying a Managed Document Service (MDS) - which is a packaged solution that creates a controlled print, copy and document environment. A properly deployed MDS will strengthen a law firm’s ability to control risk.

As well as helping to avoid losing valuable data and preventing unauthorised access, it can also ensure confidential documents don’t end up in the wrong hands, limit device access to particular users and departments and clearly identify key users.

MDS usually combine hardware, software, servicing and elements of strategic

consultancy. Reputable partners provide services that incorporate the most up-todate and sophisticated security measures, including encryption and compliance with BSI standards for the legal admissibility of electronic information in court.

Another emerging area, which presents both opportunity and challenge in terms of document security, is cloud. Although doubts persist over the security of cloudbased services, cloud propositions are proving increasingly difficult for law firms to resist. Firms should familiarise themselves with the Information Commissioner’s Office guidance on the use of cloud computing to make sure their MDS deployment complies with the Data Protection Act 1998.

Whilst technologies such as MDS and cloud are addressing document security concerns within the legal sector, it’s clear to see that doubts persist. When asked about the biggest challenges in future, the respondents to the KYOCERA survey opted for security (38%), closely followed by keeping costs down (37%) and dealing with fees (35%). This suggests that legal firms welcome the influx of new technologies but are still unsure of how they will impact business.

by ROB ATTRYDE, KYOCERA Document Solutions UK, Marketing Communications Manager

Surrey Lawyer 29

Management

Conflict management: a shift in direction?

Research report published by Chartered Institute of Personnel and Development: March 2015 The introduction of employment tribunal (ET) fees has changed the balance of power between employers and claimants. This has had a significant impact on employees’ willingness to bring claims. The reduction in claims volumes, and the increased emphasis of public policy on conciliation, has led some to anticipate the possibility of a marked reduction in the role of the law in the dispute resolution process.

Employers spend an average of 19 days of management time dealing with individual ET cases. Larger organisations with more than 250 employees spend 20 days dealing with individual ET cases, while organisations with fewer employees spend 12 days.

The longer-term future and impact of fees will depend on decisions still to be taken by the courts and/ or the Government. Most employers (38%) who participated in the Labour Market Outlook (LMO) survey say that the present fees system should be left as it

is, while 36% say that fees should be either reduced (26%) or abolished (10%).

Beyond the introduction of ET fees, recent legislation has so far had only a limited impact on employers’ approaches to managing conflict.

However, the general direction of public policy, in support of alternative dispute resolution, appears to have had a continuing influence on employers’ thinking about the balance to be struck between formal discipline and grievance processes, and the use of more informal methods.

As compared with the previous format of Acas conciliation, which came into play once a claim had been lodged with the tribunal service, early conciliation has the potential for Acas to develop closer relationships with individual employers, particularly SMEs. However, some employers are critical of the early conciliation process, often on the grounds that they are given insufficient information at the outset to decide how to respond.

Employers and trade unions generally take a

30 Surrey Lawyer

pragmatic approach to deciding whether or not to seek settlement of a claim or allow it to go forward to a hearing. If an employer believes they would have more than a 50% chance of success in resisting a claim at a tribunal, they will be less likely to accept an offer of Acas conciliation. In combination with the impact of fees, this will tend to constrain the take-up of early conciliation.

There is an increased level of interest by employers in using settlement agreements as a means of terminating employment. The majority (56%) of employers responding to the winter 2014–15 Labour Market Outlook (LMO) survey feel that settlement agreements are a useful mechanism for removing an underperforming employee without the need to go through an unnecessary and time-consuming performance management process. Two in five (40%), however, feel that settlement agreements are a default option, to be used only when significant attempts such as training, coaching or relocation had been made to retain the individual in employment.

Few large employers say they are interested in making use of the extended ‘without prejudice’ provision in recent legislation, believing that it offers them inadequate protection against possible tribunal claims, for example on discrimination. But employers have so far seen little evidence that the new provision is undermining good practice in managing performance.

Both lawyers and employers are sceptical that the new ET procedural rules, placing more emphasis on prehearing reviews as a means of weeding out weak or vexatious claims, will be effective in achieving their object.

However, employers believe that weaker claims are more likely to be discouraged by the introduction of fees, while employees will continue to bring claims which they believe are well founded. People working in the public sector, and higher-paid employees, appear less likely to be discouraged from bringing claims. n CIPD 151 The Broadway London SW19 1JQ T: +44 (0)20 8612 6200 E: cipd@cipd.co.uk W: cipd.co.uk

Management

Don’t let “Morecambe & Wise” be your guide

by Howard Cooper of CreatingMoRE. In this, his latest blog, Howard Cooper focuses on the importance of the human element of enquiry handling. For various training projects over the years Howard has made and listened to in excess of 3500 new enquiries so he has a very good understanding of what works and what doesn’t. It is this experience that earns the firms who hire him massive additional revenue as he reveals the sure fire secrets to converting more enquiries into profitable business.

Morecambe & Wise, are one of my favourite comedy duos and I have watched most of their routines several times over. My favourite sketch however, has to be the one with André Previn, the famous conductor.

When Eric Morecambe starts playing the piano (terribly I might add) the conductor indicates to the orchestra to stop playing and storms over exclaiming, “You are playing all the wrong notes!”

Eric replies, “Actually, I am playing all the right notes just not necessarily in the right order!”

However, we too mustn’t underestimate the importance of getting the sequence right. In fact it is one of the keys to success when it comes to converting new enquiries into profitable business with ease.

Having literally made 100’s (if not 1000’s) of conveyancing mystery calls (for various training projects) I can tell you that 99% of conveyancers start every conversation by going into what I call “Interrogation”mode.

Name?... Address?... Buying or Selling?... Freehold or Leasehold?...

What are you buying at?.... What are you selling at? Etc. What’s missing however is rapport…and the human connection.

Now, I’m not saying that this information isn’t important, but simply that we shouldn’t wait until the end of the conversation to build rapport… it may be too late at this stage.

Think of it this way…

Gathering all of the factual information from someone who doesn’t like you, feel comfortable talking to you and is therefore

unlikely to want to use you, doesn’t make much sense. Instead get the sequence right and start building rapport with every prospect from the very beginning.

To read more about Howard feel free to visit: http://creatingmore.co.uk/ about-howard-cooper/ or to get in touch email him at howard@creatingmore.co.uk

Open with a rapport building question instead like, “Do you mind me asking, what’s prompted the move?”

ETSOS provide a FREE business development tool to help firms collaborate more closely with referrers (estate agents, IFA's), capture more new business opportunities, and convert more opportunities into new instructions.

For more information see http://etsos.co.uk/ n

Not only does the response to this question allow you to build rapport with the prospect, but it also demonstrates that you are going to go beyond simply processing them administratively.

So whilst the content of these calls is important recognize that sequence is too… otherwise, despite playing the right notes, you won’t be playing the right tune!

Howard has worked alongside Ian Cooper Communications Ltd for over 12 years (Britain’s most experienced specialist marketing consultancy and skills trainers for the legal profession) and has personally been into over 100 law firms and trained 1000’s of solicitors how to convert enquiries into profitable business.

Surrey Lawyer 31

Legal News

Look before you leap (or how to avoid “blind purchase syndrome”) John Flanagan Product Manager I wanted to share this cautionary tale as a warning to others - it involves technology, some hummus and an impatient consumer and a mobile phone.

Many of us now have a bi-yearly purchase cycle when it comes to personal technology - and my zenith came just before Christmas as my mobile phone contract came up for renewal. I decided it was time to upgrade my beloved iPhone 4S - the battery was no longer lasting more than half a day and the large crack in the back was depositing a layer of glass dust in my pocket on a daily basis. The phone had seen better days, but I had no reason to change the software on it - it took photos, managed my email and diary and even delivered the odd Whatsapp message from my wife of my little girl making a mess (usually with the hummus).

Despite my love of the easy to use operating system, I saw the draining battery as a major problem and began looking for an alternative that would mean I could work out of the office all day without needing to switch on the laptop. I needed options.

Fool me once….

I immediately discounted anything running Android as, through a previous and very short lived flirtation I had found the operating system buggy and as I use the phone for work I had concerns about the level of app security - friends had downloaded viruses by mistake and I didn’t want such a business critical tool to succumb to malware.

That left me with just two runners, Windows Phone and iPhone 6 (yes Blackberry was also excluded!).

I looked at the features released with iPhone 6, saw nothing that looked like it progressed the device very far and discounted it - the cost seemed too high for what I saw as an incremental upgrade. This was mistake #1.

I then saw the latest Windows Phone advert and liked what I saw - fantastic

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camera, OneDrive cloud storage integrated into the core, access to the defacto in productivity tools, office, and a very competitive price…. It looked great and without a second thought or further consideration I bought one the very next day. This was mistake #2.

The honeymoon period At first I loved it. The quality of the photos it took were fantastic, so good that I have one blown up to A1 in my lounge, and the battery was so strong that even after a full day it would still turn on the next morning. The OneDrive integration meant I could work away from the office without taking my laptop, and everything just worked together well. For two months, all seemed rosy.

And then it happened. I can’t remember what I was doing, but I started to get annoyed with things. The available apps were limited in number and scope and those that I did use paled into comparison against iOS. The “Basics” became a frustration to - the music app was really hard to use compared to iTunes, and the cloud storage capability became a messy rigmarole. I was getting more and more frustrated by the day - the operating system was grinding me down and actually becoming a counter-productive tool. I fell out of love, and I needed a divorce, quick.

So, what did I do? I undid my mistakes, quickly. I managed to convince my supplier to give me an iPhone 6, for a small fee, and I returned the Windows Phone. Yes, my wallet is a little more damaged but now I have the phone I should have bought…. The operating system is iOS 8, newer than I was used to, but it provides me with some great new features (yes Health, I really am that lazy), but I am still rewarded with that familiarity I am used to. I’m happy and firmly back with Apple, but most importantly I’ve learnt that when it comes to tech I should always look before I leap. I’m not saying I wouldn’t try a different brand again, but I will consider my options carefully.

What, you may ask, has this to do with Legal Technology? Well looking for a cheaper deal may see you switching to a provider with an inferior service.

Sluggish performance, having to find work-arounds and a loss of familiarity all have an impact on an individuals’ performance in their daily duties. New software takes a long time to bed in, and there is usually significant resistance to such change - even as far as an almost militant desire to switch back to their old provider. Taking that upgrade from a provider you know and trust may seem expensive, but ultimately you will receive the service you expect - and the familiarity needed to remain productive throughout the upgrade process. n

Legal News

State of the PII Market While renewing Professional Indemnity Insurance (PII) only happens once a year, preparing for it should be something law firms focus on all year round.

PII is a mandatory requirement for UK law firms and covers them against any civil liability claims arising from their work.

Here, Wesleyan’s PII manager Ged Wood gives an overview of the 2014 renewal season and looks ahead to what law firms should be aware of this year.

Fallout from 2014 Last year the timing of various consultations by the SRA was seen as a reason for many firms delaying their PII renewals, causing a surge of applications late in the season.

While we have seen a small number of practices that have changed their renewal dates, it is likely to be some time before there is a wider spread of renewal dates across the year.

Responsibility for risk

Insurers delayed offering terms until the SRA had finalised the rules for renewal.

This meant the renewal process didn’t really start moving until July, rather than in May or June, when many insurers were ready to begin negotiations.

Without the ‘safety net’ of the Assigned Risks Pool (ARP) for those firms that are unable to obtain PII, there is a greater need for law firms to take responsibility for risk.

There was also more cover provided by A-rated insurers in 2014, including some new entrants who targeted smaller firms, meaning there was less reliance on unrated insurers.

It is easy to blame insurers for the high cost of PII, but law firms that take responsibility for their claims record and manage risk properly can see their premiums lowered.

It is thought the number of firms that hold cover with unrated insurers has now reduced significantly. There is no suggestion the SRA is looking to remove unrated insurers from the market at the moment, but if this trend continues their participation may reduce organically, or even disappear altogether, over time.

The PII market is unlikely to revert back to how it used to be, so law firms will need to ensure they are a good fit for insurers and manage risk accordingly. If a law firm’s attitude towards risk doesn’t change, then they may pay the ultimate price of not getting cover and being unable to practise, which could ultimately mean they are forced to close down.

We know from recent experience that many A-rated insurers tend to be wary of what they consider to be high risk propositions. The fact that more are entering the market is a sign that increasing numbers of law firms are improving the way they operate, and so making themselves, and the legal sector as a whole, more attractive to these insurers.

Little change on renewal date Despite law firms now having the option to select their own PII renewal date, the vast majority have decided to stay with 1 October. This could be because firms have become accustomed to renewing at that time of the year and have built the process into their business plans.

Wesleyan’s approach towards PII is very much focused around risk management and the growing need for law firms to operate as effective commercial businesses. Our advice is to identify where the firm’s weak areas are, improve them and manage risk out. Prevention is better than cure but it is not a quick fix, and a top down embedded focus on managing risk will eventually reap its own rewards.

The future of PII The PII market is getting healthier. While in the past some insurers have been reluctant to take on PII, new A-rated insurers are now being attracted into the market and more new entrants are likely in 2015.

This will reduce the reliance on unrated insurers, which is a positive thing, and may help in other parts of law firms’ business planning.

However, for this trend to continue, law firms must accept greater responsibility for risk, and in particular, claims management.

By taking steps to improve exposure to risk, these firms will make themselves more attractive to not only current participating insurers, but also to prospective new entrants into the market.

This will generate greater competition in the market and ultimately real improvements in cost. n The above information does not constitute financial advice.

Wesleyan, the specialist financial services provider for legal professionals, provides specialist broking, risk management and claims consultancy services specifically for law firms that are renewing their PII. For more information visit the website at www.wesleyan.co.uk

The increase in Alternative Business Structures, where non-lawyers join a firm to create a more corporate management team, may also help to improve standards of risk management in the legal sector by importing specialist expertise in this area.

Surrey Lawyer 33

Intellectual Property

Intellectual Property - Are Your Clients Protecting Their Most Valuable Assets?

® ™

Your clients’ intellectual property (‘IP’) is likely to be one of their most valuable business assets. It can increase their competiveness and contribute to their business’s success. However IP is often misunderstood and therefore easily overlooked. In a recent survey conducted by the Intellectual Property Office (IPO), it was reported that 96% of SMEs do not know the value of their intellectual property and 74% of businesses were unsure who owned the IP rights in their website, logo, artwork and photos.

In this article, Liz Sproston, specialist IP lawyer and founder of The Big Ideas Legal Company, helps to shed the light on some of the many myths surrounding this complex area to ensure that all businesses can make the best use of the IP rights available to them.

Companies House Registration versus Trade mark Registration I am frequently asked the question, if I have registered my company name with Companies House, is that the same as registering a trade mark?

The short answer is ‘no’. Registering a name with Companies House will stop others from registering exactly the same company name as your client, but that’s all. It does not automatically give them the rights to stop someone using a similar name, even if it differs by just one letter!

However, if they register their name as a trade mark, this can stop other people from using the same or similar name as them so it gives you a much higher level of protection.

The same principle applies in relation to domain name registrations. They will only stop anyone else from registering exactly the same name as your client. Without a trade mark registration, it could be difficult to stop someone using a very similar domain name to them which may only differ by means of a hyphen or the suffix used (.com or .co.uk etc).

What Exactly Can Be Protected As A Trade Mark?

A trade mark is essentially a means of distinguishing one company and their products/services from those of other companies but what does this actually MEAN in practice?

Here is a list of just some of the different types of marks that have been registered to date: ▪ Words (eg. COCA COLA, KODAK)

▪ Slogans (eg. JUST DO IT for Nike sportswear)

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▪ Letters (eg. RBS for banking services) ▪ Domain names (eg. amazon.com) ▪ Numerals (eg. 501 jeans)

▪ Shapes (eg. the triangular shape of a Toblerone chocolate bar) ▪ Colours (eg. registration by Heinz of the colour turquoise for baked beans) ▪ Sounds (eg. Intel’s 4 note musical jingle)

▪ Smells (eg. “a floral fragrance of roses as applied to tyres” registered

by Sumitomo Rubber Industries) So encourage your client to take a look at what they are using in their business as there may be more to protect than they first thought!

What Are The Benefits of a Trade Mark Registration?

A registered trade mark makes it much easier and cheaper to bring action against a third party who copies or tries to trade off your client’s name or brand. A trade mark is an asset which could potentially be sold, assigned, franchised or licensed for considerable value in the future. Also, if your client has a registered trade mark they are entitled to use the ® symbol which can itself act as a deterrent to others seeking to use a similar name/logo.

What’s the difference between using the ™ and ® symbol after a brand name?

Anyone with a brand name or logo which they are using ‘as a trade mark’ is permitted to use the ™ symbol after it to indicate that it is being used as a trade mark.

The ‘stronger’ symbol to use after your brand name is the ® symbol which puts whoever reads it on notice that your client’s name is a registered trade mark.

Be aware however that it is a criminal offence to use the ® symbol next to a word or logo which is not registered.

If I pay an external designer to design my logo or artwork, then do I automatically own the rights in it?

Under UK Copyright Law, it is the designer who will automatically own the rights (copyright) in the logo unless they are one of your employees. The same applies where you use a photographer to take photos to appear on your website, marketing materials or other artwork as it will be the photographer who automatically owns the rights.

It is always recommended therefore that your clients get them to legally transfer the rights to them by means of a Copyright Assignment. This is particularly important if they plan to protect their logo by registering it as a trade mark. n For more information about any of the issues mentioned in this article contact Liz Sproston, founder of The Big Ideas Legal Company, who specialises in providing practical advice on how businesses of all sizes can make the best use of their intellectual property rights. You can contact her by emailing liz@thebigideaslegalcompany.com or visiting her website at www.thebigideaslegalcompany.com