Hampshire Legal February 2015

HAMPSHIRE LEGAL WINTER 2015

JOURNAL OF THE HAMPSHIRE LAW SOCIETY www.hampshirelawsociety.co.uk

› New Partner at Paris Smith LLP (cover story) › Residential Conveyancing › Book Reviews

Inside this issue:

Sponsors this edition

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

CONTENTS 13

ADVERTISING AND FEATURES EDITOR Anna Woodhams GRAPHIC DESIGNER Neil Lloyd ACCOUNTS Joanne Casey MEDIA NO. 1405

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PUBLISHED January 2015

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© The Hampshire Incorporated Law Society Benham Publishing 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.

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

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DISCLAIMER The Hampshire Incorporated 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.

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COVER IMAGE Richard Atcherley Partner, Paris Smith LLP

COPY DEADLINES Spring Summer Autumn Winter

3rd April 2015 1st July 2015 7th October 2015 6th January 2016

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Members wishing to submit material please contact the Editor, Alison Plenderleith, before copy deadline.

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Email: bdo@hampshirelawsociety.co.uk

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INTRODUCTION

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NEWS

Anyone else wishing to advertise or submit editorial for publication in Hampshire Legal please contact Anna Woodhams before copy deadline.

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CONTACTS

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RESIDENTIAL CONVEYANCING

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HAPPENINGS IN HAMPSHIRE

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MANAGEMENT

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EDUCATION & TRAINING

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BOOK REVIEWS

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SOCIAL EVENTS

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NOTICES

Email: anna@benhampublishing.com Tel: 0151 236 4141

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Introduction

HAMPSHIRE LAW SOCIETY ELECTS NEW PRESIDENT Hampshire Law Society today announces the election of its new presidential team, with Ian Robinson succeeding Simon Whipple as President of the Society.

I felt very proud and honoured at the AGM in December to have been elected President of this Society for 2015. My only regret is that Duncan Johnson, a former President and the person whom I considered to be my mentor, died suddenly in 2013, unaware that I was following in his footsteps. I am the fourth partner from my firm to have been President, so clearly we have strong links to the Society.

For those who don’t know me, I started my legal career in 1976 with the Hampshire Magistrates Courts Committee, as it was then known, working at various Court centres across Hampshire. I moved into private practice in 1989, joining my present firm in 1992 and since then I have specialised in criminal defence work. I currently lead that team jointly with another Partner, Bridget O’Hagan and am also the Managing Partner of Churchers Bolitho Way. I am married to Sally, who retired from teaching last summer and we have two children. My son and his family live in Abu Dhabi and both he and his wife are teachers.

My daughter lives and works in London as an Account Manager for a sport sponsorship, events and communications agency. I have a variety of hobbies including sailing, skiing and gardening and I am interested in classic British sports cars. Recently, I have added cycling to my list and have participated in the London Surrey 100 for the last two years, raising money for local charities.

My first and most pressing consideration as President is the health of Hampshire Law Society itself. In recent years, many local Law Societies have struggled to boost membership and whilst HILS has not been immune to the problems of declining numbers, the Committee have been actively addressing this issue.

When I joined the Committee a couple of years ago, it appeared that the Society had become representative of sole practitioners and small firms - the larger firms were no longer members. At our first Committee meeting in January 2015, I was therefore particularly delighted to receive nearly 200 applications for membership, the majority from Paris Smith and Blake Morgan. There are several other large, regional firms who are considering joining and I hope that the example set will encourage

them to do so. The Committee is also building relationships with the Junior Lawyer Divisions and Universities in Hampshire, with a view to enrolling student members into the Society. I ask for your support to mentor students – this commitment can be time consuming, but may prove invaluable for trainees and firms in the recruitment process. If members of the Junior Lawyer Groups join our Committee some of our succession issues will be addressed and the average age should fall! It is hoped that an injection of youth will attract younger members to the Society generally.

Whilst the SRA are abolishing the requirement for solicitors to attain a minimum number of CPD hours, the need for vigorous training remains. HILS continues to offer a varied lecture programme which I hope will fulfil your requirements. If there is a particular topic that appears to be missing, please notify Nicola Jennings our administrator, who will do her best to rectify the situation. Without your feedback it is difficult to know whether we are meeting your training requirements.

A diverse and active social programme for HILS is being arranged, including a ski trip to France, cocktail making, go-karting and the traditional quiz. Regular updates will be posted via the weekly enews letter. Please come along and support the events! As well as having fun, there will be opportunities to meet with other local solicitors who work in the county. You may know the name but do you know the face? It is always more productive to pick up the phone and discuss a problem with a person you may have met before, rather than exchanging correspondence with a stranger.

I clearly have a personal interest in the outcome of the Judicial Review proceedings taken by the Law Society against the Ministry of Justice, which should be known by the time this issue of the magazine is published.

During the last 12 months, Government decisions have been successfully taken to Judicial Review on several occasions - such a record is practically unheard of and must be a cause for concern. The Society is actively lobbying the County’s MPs on this and other issues and is representing your interests. If there is a particular matter causing you concern, please let me know and it can be added to the agenda of items discussed at meetings with the MPs. There are still a couple of vacancies on the Committee (which meets quarterly) and if anyone is interested in joining, please contact our administrator, Nicola. It is not a particularly onerous role and I would be pleased to discuss the level of commitment required.

Finally, I wish you all a happy and prosperous 2015!

Ian Robinson New President

Pictured: (left to right) Matthew Robbins (Vice President), Ian Robinson (President) and Russell Evans (Deputy Vice President)

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Introduction

HAMPSHIRE LAW SOCIETY CONTACTS The following is an up-to date list of committee members’ names and addresses and the sub committees to which they belong:

COMMITTEE MEMBERS AND SUB COMMITTEES EDUCATION & TRAINING

PRESIDENT

LAW SOCIETY COUNCIL MEMBERS

Ian Robinson Churchers Bolitho Way 13-18 Kings Terrace Portsmouth PO5 3AL DX 2205 Portsmouth Tel 023 9288 2001 Fax 023 9286 2831 Email irobinson@cbwsolicitors.co.uk

Mr Andrew Caplen (President)

VICE PRESIDENT Matthew Robbins Jasper Vincent 44 Queensway Southampton SO14 3GT DX 2205 Portsmouth Tel 023 8063 3225 Email mrobbins@jaspervincent.com

DEPUTY VICE PRESIDENT Russell Evans Resolve UK Summerlands House Botley Road Curdridge Southampton SO32 2DS Tel 01489 797073 Email russell.david@yahoo.co.uk

HONORARY SECRETARY Rod Hursthouse 10 Hudson Close Liphook Hampshire GU30 7UW Tel 01252 622122 Fax 01252 774409 Email rodhursthouse@btinternet.com

Heppenstalls 75 High Street Lymington SO41 9YY DX 34053 Lymington Tel 01590 689500 Email andrew.caplen@yahoo.co.uk Mr Razi Shah (North Hampshire) Appleby Shaw Trinity House 15a Trinity Place Windsor SL4 3AS DX 3830 Windsor Tel 01753 860606 Fax 01753 860620 Email rshah@applebyshaw.com Mr Nick Gurney-Champion (Residential conveyancing) Gurney-Champion & Co Champion House 104 Victoria Rd North Southsea PO5 1QE DX 117953 Portsmouth Central Tel 023 9282 1100 Fax 023 9282 0447 Email ngc@championlawyers.co.uk

ADMINISTRATOR

HONORARY TREASURER

Miss Nicola Jennings

Miss Rebecca Foley Churchers Bolitho Way 13-18 Kings Terrace Portsmouth PO5 3AL DX 2205 Portsmouth Tel 023 9288 2001 Fax 023 9286 2831 Email rfoley@cbwsolicitors.co.uk

92 Chessel Crescent Bitterne Southampton SO19 4BS DX 52766 Bitterne Tel 023 8044 7022 Fax 023 8044 7022 Email administration@hampshirelawsociety.co.uk

IMMEDIATE PAST PRESIDENT Simon Whipple The Carers Legal Centre 109 Burley Rd Bransgore Christchurch BH23 8AY Tel 01425 674844 Mob 07740 432159 Email carerslegalcentre@googlemail.com

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BUSINESS DEVELOPMENT OFFICER

Anthony Harris (Chair) ajharris@clara.co.uk Kristina Colmer Katharine West Alison Plenderleith Nicola Jennings

LITIGATION & DISPUTES RESOLUTION Russell Evans (Chair) russell.david@yahoo.co.uk Rebecca Foley Katharine West

MEMBERSHIP Charlotte Bromley (Chair) Cbromley@cbwsolicitors.co.uk Ian Robinson Roderick Hursthouse Alison Plenderleith Deglan Rowe

NON CONTENTIOUS Nick Gurney Champion (Chair) ngc@championlawyers.co.uk Matthew Robbins Simon Whipple Mr A Seddon (Co-opted)

REGULATORY Adrienne Edgerley Harris (Chair) Adrienneedgerleyharris@gmail.com Roderick Hursthouse Nick Eve (Co-opted)

SOCIAL Kristina Colmer kcolmer@cbwsolicitors.co.uk Sarah Hallett (Co-opted)

COMPLAINTS Matthew Robbins mrobbins@jaspervincent.com

PUBLICITY Mo Aldridge (Chair) maldridge@jaspervincent.com Katharine West Matthew Robbins Alison Plenderleith Nicola Jennings

Mrs Alison Plenderleith 47 Salisbury Rd Fordingbridge SP6 1EH Tel 07429 523183 Email bdo@hampshirelawsociety.co.uk

OTHER COMMITTEE MEMBERS David Ankcorn Sue Carter Mike Russell-Smith

News

LAW SOCIETY COUNCIL SUMMARY: 10 December 2014 At its second meeting of the 2014-15 legal year, Council said farewell to Paul Coen since it was his last Council meeting as interim chief executive, and thanked him warmly for his highly effective service to the Society.

Catherine Dixon, the new permanent chief executive, commences work at the Law Society on 5 January 2015.

Judicial review of the legal aid crime duty tender process Council determined to seek a judicial review of the legal aid crime duty tender process. The Law Society is continuing discussions with the practitioner groups in relation to their plans and will be offering financial support to the Criminal Law Solicitors' Association and the London Criminal Courts Solicitors' Association to support their work on their potential reviews.

Presidential update Andrew Caplen took the opportunity to update Council on his programme of work since taking office in July 2014. He highlighted activity in the three key areas set out in his presidential plan: • Access to Justice - including launching the Law Society's Access to Justice campaign jointly with the Lord Chief Justice, marking the 65th anniversary of the Legal Advice and Assistance Act 1949, hosting the opening reception for the European Pro Bono forum, and appearing before the House of Commons Justice Select Committee • Rule of Law - including, at the Opening of the Legal Year, chairing a seminar on business and human rights and speaking at the bar leaders' breakfast on the rule of law in light of next year's Magna Carta celebrations • Diversity and Inclusion - including events focusing on the role of lawyers in assisting victims of domestic violence, the achievements of black and Asian lawyers, the achievements of beneficiaries of the Society's Diversity Access Scheme, and the scope for further improvements in the diversity of the judiciary.

Andrew also noted an extensive programme of visits and keynote events outside London, participation in the American Bar Association and International Bar Associations conferences, constructive engagement with the judiciary and many other stakeholders, and a full programme of events at the party conferences in September and October.

A copy of Andrew's report to Council is attached.

Representing and promoting the profession Significant work reported to Council included: • Access to Justice - responding to the Ministry of Justice's consultation of the proposed duty solicitor scheme, including media activity, letter writing, and the provision of an on-line resource pack for members • Strategy for legal services regulation responding to the SRA's consultation on client protections, and participating in a roundtable event on professional indemnity insurance with insurers, brokers and lenders • Support to improving the diversity of the profession - events to mark Black History Month and Diwali, a range of diversity forums across England and Wales, and a speed networking event for women solicitors.

The Law Society had also been active in engaging with the government on legislation including the Consumer Rights Bill and the Criminal Justice and Courts Bill. Among international activity, a meeting had been held with representatives of English firms in Japan, the Society had been a partner of the Global African Investment Summit, and a conference had been held to promote UKMexico legal links.

In terms of ensuring best practice governance arrangements, Council agreed to proposals from LAPB to make changes to the membership of some Law Society committees, reducing the number of seats reserved for Council members and therefore opening more seats up to the profession at large.

Serving the profession Among matters reported to the Council were: • The launch of Lexcel version 6 at the sold-out annual Lexcel conference • An agreement to develop a new accreditation scheme for occupational disease • Plans to reinvigorate the Civil and Commercial Mediation Scheme • The accreditation of over 120 firms for the Wills and Inheritance Quality Scheme • The continuing increase of traffic on Find A Solicitor, with over 500,000 visits in September.

SRA annual report Council received and debated the Solicitors Regulation Authority 2013-14 annual report. This report is submitted in compliance with the requirements of the 'oversight protocol' between the Society and the SRA. It drew attention to the extensive programme of regulatory reform and organisational change under way at the SRA, articulating a commitment to targeted and proportionate regulation and the reduction of unnecessary regulatory burdens. The report also contained commitments to improving operational performance and working with stakeholders to improve the quality of SRA services.

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Happenings in Hampshire

WARNER GOODMAN LLP NAMED LAW FIRM OF THE YEAR Hampshire based law firm Warner Goodman LLP have been awarded the coveted prize of Law Firm of the Year at the 2014 LawNet Awards. Ian Curtis, Managing Partner for the firm, attended the annual conference and awards dinner, held on 14th November, and collected the award on behalf of the firm.

“I am delighted that we were victorious in winning the top prize of the evening,” commented Ian. “We were shortlisted for three awards in addition to this - Young Lawyer of the Year, Team of the Year and Best Digital Presence. To be shortlisted for a total of four awards was a fantastic achievement in itself, but to leave the evening with the title of Law Firm of the Year was overwhelming.”

The awards were open to legal practices who are members of LawNet, the leading national network for

Photo: (L-R) Andy Munden (Warner Goodman LLP), Chris Marston (LawNet), Retu Gogna (Warner Goodman LLP), Dan Thompson (Warner Goodman LLP), Alexandra Savage (Warner Goodman LLP), Ian Curtis (Warner Goodman LLP), Barry Wilkinson (Wilkinson Read and Partners - Award Sponsors), and Helen Hamilton-Shaw (LawNet)

independent law firms. Chris Marston, Chief Executive of LawNet, said: “The aim of our annual awards is to get to the heart of what makes an innovative law firm, underpinned by a commitment to excellence, and these were outstanding examples of that ethos. We set high quality and management standards for members, and that helps to maintain the parity between our firms, which in turn leads to a cooperative powerhouse effect, where everyone benefits from collaboration and networking – and that’s evident in this year’s award winners.”

Ian concluded, “To win this award we were required to demonstrate our ability and results in a number of different areas, including growth in profits, fees and the size of our teams, while always keeping the client in mind and implementing initiatives to enable us to do so. All members of staff have worked incredibly hard to ensure our continued growth and high customer satisfaction, and to return to the office with this award is true recognition for all the efforts that everyone in the firm has put in over the last year”.

IT’S A JAPANESE JAMBOREE FOR ADAM WITH A LITTLE HELP FROM GLANVILLES

NEW GLANVILLES CHICHESTER OFFICE

Next July, Adam Long will be on his way to the World Scout Jamboree in Japan. Thanks to local legal firm Glanvilles matching the funds he’s raised himself from a sponsored swim, a target of £3,500 has nearly been met. Joining 30,000 Scouts from around the world.

Glanvilles is pleased to announce its expansion into Sussex with the addition of a fifth office in Chichester.

Adam is a member of the 12th Chichester and has been involved with the Scout Group since joining the Cubs aged 7. To be selected to represent the Chichester Section of the West Sussex Scouts Group at the Jamboree is a great honour for Adam. His selection was by no means automatic. Adam first had to pass the Selection Camp (a wet and windy weekend) and a tough interview. He’s now one of three lucky Scouts from Chichester District who will be joining 45 others from West Sussex. They will be part of a contingent of 3,500 from the UK who will be flying out to Japan for the World Scout Jamboree.

In Japan, Adam will join 30,000 scouts and guides from all over the world. In fact, more countries will be represented at the Jamboree than took part in the 2012 Olympics! Before arriving at the Jamboree Camp Site, Adam will enjoy three days in Tokyo. He’ll then spend 10 days at the Jamboree taking part in a programme that includes a visit to Hiroshima, participating in a range of cultural and social events including a Global Development Village and having fun with lots of water activities including sailing, wind surfing and snorkelling. After the Jamboree, he’ll spend a few days with a Japanese family before returning home.

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Photo: Adam Long receiving a cheque from Lance Terry, Partner at Glanvilles.

Chichester joins Glanvilles established offices in Fareham and Havant in Hampshire and Newport and Ryde on the Isle of Wight. The new office offers the full Glanvilles portfolio of legal services for individuals and families and for business and commercial organisations.

Hard work takes Adam a long way Adam was already hard at work fundraising for the trip before asking Glanvilles for help.The funds finance the trip, assist in the training process and help third world countries to also send young people to the Jamboree. With organised bag packing at a local supermarket along with manning cake and sweet stalls and selling plants he was on his way but still had a fair distance to go.

Mark Harman, Head of Marketing & Communications at Glanvilles said “When we heard from Adam, we were more than willing to support a good cause and help a local youngster. We offered to match pound for pound whatever money Adam raised himself from his sponsored swim. With yet more activities including the Get Active Festival and a Quiz Evening with a raffle, the target has nearly been met.

Next stop for Adam is Japan. All of us at Glanvilles are looking forward to seeing him on his return and hearing about the events he’s attended and the fantastic experience he’s had.”

Glanvilles Chief Executive, Jeremy Weeks, is enthusiastic about the firm’s move into Chichester. “There is a demand for legal services in the city that has coincided with our expansion plans.

We think that Chichester and Glanvilles are a perfect fit and that both will benefit from our new office’s services.”

Glanvilles new Chichester office is headed by partner, Damien Newton.

Damien is a commercial property specialist who lives in and knows the Chichester area well. He says, “The city of Chichester is a beautiful and exciting place to work. We want to make a difference for the businesses who are based here and for the people who live and work here.”

Happenings in Hampshire

LAW FIRM LOBBIES MP ON BUSINESS ISSUES SOLICITORS AT A FIRM IN FAREHAM THAT SPECIALISES IN LAW FOR BUSINESSES HAVE LOBBIED MP MARK HOBAN ON ISSUES AFFECTING THEIR CLIENTS AND THEIR BUSINESS.

Pictured: Members of Graeme Quar & Co meet Mark Hoban MP (rear, fifth from left) at the firm’s head office in Fareham, Hampshire.

(Graeme Quar is pictured fourth from left, next to Mr Hoban.)

The Fareham MP visited solicitors and staff at Graeme Quar & Co at their head office at Furzehall Farm off Wickham Road.

Managing Director Graeme Quar said they had been pleased to have the opportunity to bring up some of the issues that were affecting some of their clients with their MP. “Mark listened carefully to what we had to say and also provided an update to us on some of the issues that are specific to Fareham and business in the area,” he said.

“It was very good of Mark to take the time to come and visit us. We are in his

constituency and we have clients that are also his constituents so we were able to give him an insight into some of the challenges that we and they are facing.

Among the issues raised with the MP were problems with bureaucracy and red tape for businesses that needed to move quickly, the recession and what that had meant for the local economy and the length of time for cases to be heard in court.

Graeme said: “Encouraging business is the key thing - we want as much encouragement for business as possible to enable them to grow and develop.”

SARAH SLEEPS OUT IN THE NAME OF CHARITY

On the night of Thursday 6th November, armed with many layers of clothing, sleeping bags and hot thermoses filled with their favourite warming drink, Sarah and Sue Thomas from Thomas Miller Ltd braved the elements to spend a night sleeping outside the Guildhall Square in Southampton. They weren’t alone as 50 other people joined them in Southampton and thousands in London for the Centrepoint sleep-out in aid of the teenage homeless charity.

“With two teenage daughters the cause is very close to my heart,” begins Sarah. “All parents want their children to be fed, healthy and sheltered and the thought that

Mr Hoban said he was delighted to hear how Graeme Quar & Co, which also has an office in Petersfield, had grown in the 20 years since it was established - now with a team of 15 and a 200 per cent increase in turnover during past four years.

“Graeme and the whole team have shown that even during a recession there are opportunities for businesses,” he said.

“I was impressed at the work they do to support business people through often difficult legal issues and ensure they can get on with running their businesses.”

Pictured: Sarah Whitemore (left) with Sue Thomas

some teenagers don’t enjoy these basic necessities in life is why I wanted to take part in the sleep-out this year.”

Another recipient charity of the funds is The Society of St James is a Hampshire which is a Hampshire-based charity, providing a range of accommodation & support services to the homeless in the region.

“With Christmas approaching, Centrepoint is working hard to raise their target of £370,000 by Christmas Eve to help the 15,000 young people who will be homeless over the festive period,” explains Sarah.

“Just £12 can help sponsor a room for a homeless person for a whole month, and

Sue and I were expecting to raise at least £150. However due to the overwhelming generosity of so many we have now raised just under £2000, a figure that we can be sure will be help many of those in need over Christmas. ” It’s not too late to donate to Sarah and Sue. To donate you can visit their Just Giving page https://www.justgiving.com/Sarahand-Sues-crazy-sleepout.

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Happenings in Hampshire

CATHERINE APPOINTED AS SKILL QUEST TRUSTEE THE MANAGING PARTNER OF A RENOWNED HAMPSHIRE LAW FIRM HAS ACCEPTED AN INVITATION TO JOIN THE TRUSTEE BOARD OF THE SKILL QUEST TRUST, THE CHARITY RESPONSIBLE FOR THE SOLENT EDUCATION BUSINESS PARTNERSHIP WHICH SUPPORTS YOUNG PEOPLE IN DEVELOPING EMPLOYMENT SKILLS AND UNDERSTANDING OF THE WORKPLACE. Photo: (L-R) Catherine with her fellow Members of the Skill Quest Board: Stuart Lisle, Chair and Senior Tax Partner for BDO, Anne Steele Arnett, Retried Headteaher, Maureen Tomlinson, Deputy CEO of Skill Quest Trust, Angela Wright, CEO Skill Quest Trust, Graham Ellis, Managing Director of Ellis Transport, Catherine Maxfield, Managing Partner of Eric Robinson Solicitors, Harry Butler, Director of Wilding & Butler, Kathryn Rankin, City Deal Manager for Southampton City Council Andy Tickner, Skills Manager for Southampton City Council, Colin Quinney, Entrepreneur.

Catherine Maxfield, Managing Partner of Eric Robinson Solicitors, has been appointed as Trustee to the Skill Quest Trust, whose mission is to help young people and vulnerable adults acquire the life-skills and competencies necessary for their personal development, future employment and active citizenship.

‘We are delighted that Catherine has managed to find the time to bring her expertise and experience to the Board,’ says Angela Wright, Chief Executive of the Solent EBP. ‘Not only does she have a lot to contribute to our organisation from her legal career, but she is a fantastic example of a modern, professional woman for

On ‘divorce day’, lawyers announce that they receive 20% more divorce calls in January 5 measures to protect against divorce recommended by divorce lawyers

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the young people we seek to inspire.’

‘I was very honoured to be asked to become a Trustee of Skill Quest Trust, and accepted the position with great enthusiasm,’ says Catherine, who recently won ‘Professional of the Year’ at the Southampton Venus Awards. ‘I believe businesses have a duty to support and offer insight to young people so that they can make the best decisions to fulfil their potential and to be part of an organisation such as the Solent EBP, which has already achieved so much in this area, is very exciting.’

On ‘divorce day’, the first Monday back after Christmas, typically the busiest time of year for family lawyers, leading Hampshire law firm Moore Blatch has announced a dramatic increase in the number of calls to their enquiry line asking for legal advice on divorce during January, with 20% more calls for legal advice on divorce being received in the first month of the year than in any other month.

With UK couples spending on average £44,000 when they divorce or separate(*), the family law specialist has responded by producing a list of the top five tips of how to prevent needing to resolve any dispute in the courts: • Seek professional support as soon as you realise there is a problem • Don’t ignore the early warning signs of discontent from your partner

• • •

Agree an action plan and see it through Be positive – smile, laugh, express affection towards your partner Be clear on what you need to change

Debra Emery, Partner and Head of Family, Moore Blatch commented: “The number of calls for advice on divorce increase in January as Xmas and New Year are times of the year when everything comes to a head. If a couple can take steps earlier on in their relationship to avoid separation or divorce, this can prevent a lot of heartache and financial upset. Seeking legal advice and support around your relationship early on can help people understand the options and responsibilities they have before they make any difficult decisions.”

Happenings in Hampshire Pictured: (left to right) Henry, Kirsten & Andrew.

Southampton Law firm urges local Tattoo parlours to use comprehensive client consent forms to protect against threat of lawsuits.

Specialist employment law firm Moore Blatch, which has its main office based in Southampton, is urging Tattoo parlours in the local area to use comprehensive consent forms to protect themselves against possible litigation brought against them by disgruntled customers.

Moore Blatch is warning local tattooists to get signed disclaimers from their customers before proceeding with any work. Known risks, such as scarring, blood poisoning, localised infection and allergic reation, should all be outlined on the form.

In addition, Moore Blatch believes there should be specific warnings that by having a tattoo you may impair or prevent employment in certain occupations.

As an employment law specialist, Moore Blatch believes that a consent form should include the following warnings for those looking to get a Tattoo: • “I am aware that under the current law of England and Wales an employer can require me to cover up a tattoo whilst at work, refuse to hire me because I have a tattoo, or dismiss me for getting a tattoo”.

Although one in five Britons now has a tattoo*, under UK law employers are currently permitted to:

THREE TRAINEE SOLICITORS JOIN PARIS SMITH Paris Smith is delighted to welcome three new trainee solicitors to the firm, Henry Barker, Kirsten Wilkins and Andrew Willshire.

They'll spend the next two years completing training contracts before qualifying as solicitors. All three have connections to the area and have made the choice to work in Southampton. Henry is starting his training in commercial property, Kirsten in the family department

and Andrew in dispute resolution. This will be an exciting and informative time for them as they develop their experience and start applying their legal knowledge to real-life situations.

Sarah Passemard, training partners, says: “At Paris Smith, we're proud of our strong commitment to recruiting trainee solicitors and to ensure they receive the very best that private practice has to offer. Our aim always is to retain our trainees - we see them as the future of the firm, and part of our continued success."

PLANNING IS KING Kristina King, a Chartered Town Planner, has recently joined the Paris Smith Planning Team.

1. Refuse to hire someone because they have a tattoo; 2. Require employees to cover up any visible tattoos whilst at work; and 3. Dismiss an employee for getting a tattoo.

Katherine Maxwell, partner and head of employment law at Moore Blatch Solicitors, commented: “The law can sometimes be ambiguous regarding tattoos. We have seen an increasing number of cases where both employers and employees have sought advice about issues relating to tattoos and employment. We believe that, if tattoo parlour owners include these clauses on the disclaimer form, people may be less likely to underestimate the impact that having a tattoo can have on their current or future employment.”

Kristina advises clients on all aspects of Prior to joining Paris Smith Kristina planning from general permitted completed a Spatial Planning development rights and site feasibility Masters at Oxford Brookes studies through to securing planning University whilst working at permissions. She has significant Hampshire County Council where experience at handling educational she worked for eight years within developments such as new primary Planning Policy and the schools, large secondary school Development Management Team. expansions, new floodlit sports pitches Within the Development and children's homes as well as waste Management Team Kristina led on developments such as waste water major developments within the treatment work upgrades, new anaerobic education, health care, minerals digestion and pyrolysis plants. and waste sectors.

Pictured: Kristina King

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Happenings in Hampshire

Hampshire based law firm, Churchers Bolitho Way, are delighted to announce that Tim Bennett has been promoted to a Partner from 1st January 2015.

Tim joined Churchers Bolitho Way in Aug 2005 as a trainee solicitor, qualifying in Aug 2007. Tim is an important part of a very strong Wills and Probate Department and specialises in Wills, Probate and Court of Protection work.

Part of Tim’s workload is also to help the local community by offering free advice sessions for the over 65’s which are held in Waterlooville Community Centre, this ensures that any member of the public has access to legal advice.

Along with Tim’s promotion within the firm, further promotions which took effect from 1st January 2015 are; Rebecca Foley from the Mental Health Department, promoted to Senior Solicitor.

Leesa Longden-Thurgood from the Family Team, promoted to Senior Chartered Legal Executive Sarah Coates from the Childcare Team, promoted to Senior Solicitor Hannah Jones from the Criminal Team, promoted to Associate.

Tim comments ‘It’s a wonderful privilege to be appointed a partner at Churchers Bolitho Way. I feel very lucky to be working with such a dedicated and enthusiastic team of people at one of the areas most established firms. I look forward to working closely with everyone at CBW in developing and shaping the practice for the future.’

INJURY TEAM SUPPORT ROAD SAFETY WEEK The Personal Injury team from Hampshire based law firm Warner Goodman LLP are helping road safety charity Brake raise awareness of Road Safety Week, which ran in November 2014. Andy Munden, Partner within the team explains their hope that their support through sponsorship as well as other activities can help reduce road traffic collisions across Hampshire.

“With winter now upon us the roads are a much more dangerous place, and road crashes are the biggest cause of death among young people, so Road Safety Week is of utmost importance,” begins Andy.

“Road Safety Week’s theme this year is Look Out For Each Other; a poignant message for car users to not only take care of other car users, but also pedestrians, cyclist and motorbikes. Figures from 2012 show that the number of people killed on our roads was 1,754. This is significantly lower than the 5,500 people each year that it was in the mid 80’s, but it still means that five people are killed on British roads every day.

and on bends. The advice is not only for vehicle users however, as pedestrians and cyclists are reminded to wear high visibility clothing to ensure they can be seen.”

The Injury Team at Warner Goodman LLP have recently become Corporate Donors of Brake, and have undertaken a number of activities to support them. Andy continues, “For Road Safety Week we sponsored a banner which was displayed outside St James Primary School in West End, Southampton to make the parents and children aware of the week. Four members of the Injury Team also took part in the Walk the Test Way charity walk in October, in which we raised over £500 for the charity.”

Joe Burns, Corporate Fundraiser at Brake, commented, ““We’re delighted Warner Goodman LLP is doing its bit to save lives on our roads by getting involved with Road Safety Week and helping to spread the look out for each other message. Local support

for the road safety cause is vital if we are to achieve our goal of putting an end to road deaths and injuries and the terrible suffering they cause. We can go a long way to achieving this if we all commit to look out for each other on roads, especially drivers helping to protect those on foot and bike, who are most vulnerable. Ultimately, we are all just human beings trying to get around, with equal right to use the roads, not competing tribes.”

Andy concludes, “In our line of work, we see almost on a daily basis the life-changing consequences for those who have been victims of a road traffic collisions. The number of injuries caused on the roads is something that we can help prevent just by taking extra care, and that’s the message we’re hoping to convey during Road Safety Week, and through our ongoing work with Brake.”

“It’s for this reason that we felt compelled to be involved in this years Road Safety Week, now in its 18th year, to raise awareness across Hampshire of the message to look out for one another on the roads and help to save lives,” continues Andy. “It’s easy to forget the simple measures that we can take to help save lives; being courteous to other drivers, slowing down when in built-up areas, adapting your driving to the weather conditions, and taking it slower at junctions Photo: Andy Munden outside the St James Primary School with the Road Safety Week banner.

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Happenings in Hampshire

ANN HERD’S GREAT WALL OF CHINA CHARITY TREK Ann Herd, part of the family team at Scott Bailey LLP, has now returned from what she describes as the trip of a lifetime.

She spent 6 arduous days trekking the Great Wall of China. Ann’s sterling efforts raised over £2700 for Parkinson’s UK, a charity close to her heart. In spite of the basic accommodation and sometimes both unrecognisable and largely inedible food, Ann loved the adventure. Some of the terrain was extremely challenging with

occasional sheer drops of over 1,500 feet and only her walking poles to help her avoid catastrophe.

Ann described the sense of achievement in scaling the 2000 steps up ‘The Stairway to Heaven’, the highest part of the wall.

Several groups walking the wall arrived at this point at the same time.

Ann commented “It was a very moving and emotional moment to see the effort which had been put in by so many people to raise funds for numerous different charities. Several trekkers had personal

stories to tell of what had inspired them to raise money for their individual cause.”

Ann walked during the Chinese Autumn and described the stunning colours and spectacular views she experienced. It seems Ann may now have the adventure ‘bug’ as she is already planning her next adventure.

CHARITIES COULD SUFFER IF INHERITANCE TAX LIMIT RAISED CHARITIES COULD SUFFER IF INHERITANCE TAX LIMIT RAISED

Ranking Charity

Legacies 12 months 2014

1

Cancer Research UK

142,456,707

2

RNLI

101,457,157

3

RSPCA

67,671,000

On 2 December ‘Just Giving Day’, Wills and tax law specialists Moore Blatch is warned that if the Government raises the Inheritance Tax nil-rate band from £325,000 to £1million in the Autumn Statement, many people will be put off from leaving money to charity in their Will.

4

Macmillan Cancer Support

51,219,000

5

The National Trust

44,688,000

6

The Salvation Army

41,697,000

7

The People’s Dispensary for Sick Animals (PDSA)

38,069,000

Currently, if an estate is worth over £325,000 when you die Inheritance Tax may be due.

However, any gifts made to a qualifying charity either during an individual’s lifetime or in their Will, are exempt from Inheritance Tax (*).

8

The Royal National Institute of Blind People (RNIB)

35,463,000

9

The Guide Dogs for the Blind Association

33,000,000

10

Royal Society for the Protection of Birds (RSPB)

27,038,000

Additionally, if you leave 10% or more of your estate to a qualifying charity, any IHT tax due from the estate may be paid at a reduced rate of 36 per cent instead of 40 per cent. This means that a gift to a charity often cost nothing to the beneficiaries.

(Source: charitytrends.org / CAF)

£1 Million nil-rate band could severely cut legacies to charities

Moore Blatch warns that the charities most likely to be affected are those that receive significant annual legacies.

Top Legacy Amounts left to Charities (in England and Wales) 12 months to October 2014.

Carla Brown, Partner and Head of Wills, Tax and Trusts, Moore Blatch commented: “It is not just the major UK charities, such as Cancer Research UK or the RNIB that rely heavily on legacy donations. Smaller, local charities also benefit greatly from money left to them in the Will of kind benefactors. Although an IHT nil-rate band increase to £1 million seems unlikely in view of the continued deficit in the country’s finances, any increase would almost certainly have an impact on people's propensity to leave money to charity. We would urge anyone who wants to give money to a charity to make the appropriate provision in their Will.”

Hampshire Legal

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Education and Training

HAMPSHIRE LAW SOCIETY’S CPD PROGRAMME Are you achieving your CPD hours - remember that your records can be checked at any time by the SRA 10 Feb 3 March

1345 – 1645

Mr Peter Reekie

Key Issues in Property Transactions in 2015

1345 – 1645

Mr Denzil Lush

Court of Protection

17 March 31 March

1345 – 1645

Mr Paul Clark

SDLT, Case Update and Boilerplate

1730 – 1900

Mr Anthony Edwards

Criminal Law Update

5 May 19 May

1345 – 1645

Mr Gary Self

Employment Law Update

1345 – 1645

Mr Andrew McLoughlin

Civil Litigation Update

9 June

1345 – 1645

DJ Stephen Gerlis

Family Law Update

30 June 7 July

1345 – 1645 1345 – 1645

Mr Richard Snape Mr Edward Denehan

Conveyancing Update Property Lecturea

KEY ISSUES IN PROPERTY TRANSACTIONS IN 2015

•

We have been asked to act in a sale of a property owned by a single woman. She and her partner of many years are splitting up. Matters are amicable, so far. She wants us to give her some idea of what he is entitled to from the sale – how do we work this out?

Date: Tuesday 10 February 2015 Time: 13:45 - 16:45 Venue: Holiday Inn, Cartwright Drive, Titchfield, Fareham PO15 5RJ Speaker: Peter Reekie

•

The insurance company have refused to insure against a claim for breach of the covenant – what can we do?

Peter Reekie is a Property Training Consultant with Penningtons and a Visiting Professor at the College of Law. He spent his time in private practice dealing with residential and commercial property work. He writes for publications and lectures extensively at property law conferences.

COURT OF PROTECTION

KEY POINTS This course is designed to address practical issues faced by both commercial and residential property lawyers in a refreshingly accessible way. A question is posed and the answer given in a structured manner which considers the underlying law before presenting a solution. Topics are selected both from perennial issues and those that have arisen recently. This course is updated regularly and completely rewritten each year. Please note the following content changes regularly so please contact us for up-to-date coverage. Questions include: •

I have read the easement – but does it mean my client can use it for the

purpose he wants?

•

This covenant wording – will it affect the purchase?

•

Apparently we acted when a freehold housing estate was set up some time ago. We created a service charge to pay for maintenance. One of the owners is refusing to pay the service charge because he did not enter into a covenant himself – what is the position?

•

The lease doesn’t seem to provide for the issue that’s arisen – what do we do?

•

Just how do we calculate the overage – the clause doesn’t seem to fit the things that have happened?

•

It turns out that the seller was bankrupt at the point of completion. We had a clear search but missed registering within the priority period – is there anything we can do?

Date:

Tuesday 3 March 2015

Time:

13:45 - 16:45

Venue: Holiday Inn, Cartwright Drive, Titchfield, Fareham PO15 5RJ Speaker: Judge Denzil Lush Judge Denzil Lush was admitted as a Solicitor in 1978. He was formerly a partner in Anstey & Thompson Solicitors, Exeter and was a part-time chairman of the Social Security Appeals Tribunal before being appointed Master of the Court of Protection in 1996. He became the senior judge of the Court of Protection when the Mental Capacity Act came into force in 2007.

KEY POINTS • • • •

SDLT, CASE UPDATE AND BOILERPLATE Date:

Tuesday 17 March 2015

Time:

13:45 - 16:45

Venue: Holiday Inn, Leigh Rd, Eastleigh SO50 9PG Speaker: Paul Clark

•

We acted in a purchase some time ago, registered title successfully and closed the file. Now it appears that a neighbour is applying to rectify our client’s title – what’s going on?

•

We are selling the freehold of premises let on a commercial lease. The buyer’s solicitors say the surety’s guarantee is worthless – are they right?

•

We acted on a purchase some time ago but we have now been alerted by our client who has been contacted by the police over a possible “vendor fraud” – what might be going on?

• •

•

Our client is considering developing on a site where a village green was registered some time ago – is there anything that can be done?

•

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Court of Protection Case Law update The new Court of Protection Rules Public Guardian Investigations Lasting Powers of Attorney

Paul Clark has been a commercial property solicitor for over 40 years. He is an expert on many aspects of commercial property law and is a popular and engaging speaker.

KEY POINTS Case update An in-depth look at SDLT on multiple transactions - such as a subsales and exchanges - with lots of worked examples Boiler plate

Education and Training

CRIMINAL LAW UPDATE Date: Tuesday 31 March 2015 Time: 17:30 - 19:00 Venue: Holiday Inn, Leigh Rd, Eastleigh SO50 9PG Speaker: Anthony Edwards Anthony Edwards is a duty solicitor and a supervisor for very high cost criminal cases. He is a higher courts advocate in the criminal courts. He has substantial experience of acting in protected witness cases including the largest in recent years. He writes and lectures extensively and is a visiting professor at Queen Mary, University of London.

KEY POINTS This course is part of a rolling programme enabling criminal law solicitors to keep up to date with developments in the law. The material is revised and rewritten every 6 months and covers all aspects of the criminal process from investigation to final review.

• •

Legal aid and costs • Criminal investigations Procedure • Evidence and sentencing

EMPLOYMENT LAW Date: Tuesday 5 May 2015 Time: 13:45 - 16:45 Venue: Holiday Inn, Leigh Rd, Eastleigh SO50 9PG Speaker: Gary Self Gary Self makes regular appearances in employment tribunals around the UK for substantial organisations in both the private and public sector as well as for individual claimants. He has extensive experience in employment disputes within the police and a great deal of litigation experience in complex discrimination issues.

KEY POINTS An update on specific issues from this speaker, described in the Legal 500 as being “very good, one of the best on the western circuit for employment”

CIVIL LITIGATION UPDATE Date: Tuesday 19 May 2015 Time: 13:45 - 16:45 Venue: Holiday Inn, Leigh Rd, Eastleigh SO50 9PG Speaker: Andrew Mcloughlin Andrew McLoughlin has been a Solicitor in private practice since 1983.

He has been granted Higher Rights of Audience for civil and criminal proceedings and sits as a Recorder in the crown and county courts.

KEY POINTS A general update on Civil Litigation with further detail to be advised.

FAMILY LAW UPDATE Date: Tuesday 3 March 2015 Time: 13:45 - 16:45 Venue: Holiday Inn, Cartwright Drive, Titchfield, Fareham PO15 5RJ Speaker: Judge Stephen Gerlis Judge Stephen Gerlis was appointed as a full time District Judge in 1988. He is also a Recorder in the County Court, Originally a Solicitor he was President of the West London Law Society, Chairman of the London Association of District Judges and a member of the advisory group on Judicial Appointments. He is a frequent contributor to the Law Society’s Gazette and lectures widely on a range of subjects surrounding the work of the county court.

CONVEYANCING UPDATE Date: Tuesday 30 June 2015 Time: 13:45 - 16:45 Venue: Holiday Inn, Cartwright Drive, Titchfield, Fareham PO15 5RJ Speaker: Richard Snape Richard Snape was formerly a full time lecturer of law at the University of the West of England. He has written extensively on property related matters notably in the Conveyancer and the New Law Journal and has been a regular contributor on CPD courses since 1991. His areas of specialism include landlord and tenant and in particular the 1954 act, assignment and subletting, real property and commercial property.

KEY POINTS Conveyancing continues to undergo major changes and the course will aim to look at the most important changes and their effect on the conveyancer.

COMMERCIAL LEASES, ALL YOU NEED TO KNOW Date:

Tuesday 7 July 2015

Time: 13:45 - 16:45 Venue: Holiday Inn, Leigh Rd, Eastleigh SO50 9PG Speaker: Edward Denehan Edward Denehan is recommended by Chambers and Partners for real estate litigation which states “Edward Denehan of 9 Stone Buildings is extremely bright, very sharp and great on his feet. He knows his stuff and is very deliberate in his advice”. He recently acted in the House of Lords leasehold enfranchisement case Majorstake v Curtis.

FREE CPD FOR MEMBERS Wednesday 18 March 2015 (18:00 - 19:30) Wesleyan for Lawyers - Top 5 financial tips will be held at Bond Dickinson, Southampton.

ELDERLY CLIENT CONFERENCE Thursday 23 April 2015 Blake Morgan Eastleigh £95 for members £120 for non members A full day aimed at private client solicitors on Elderly client issues, the conference will include: • The Care Act • Local government complaints procedure • Pension issues • Courts of Protection • IHT • Investment planning for trustees • Safeguarding

Sponsored by Wesleyan for Lawyers, Norris & Fisher and Finders

MONEY LAUNDERING CPD Wednesday 11 March 2015

KEY POINTS

Speaker: Brian Rogers, Riliance, Regulatory Director

District Judge Gerlis trawls through family law during the past year to bring you an insight into the most important and relevant cases and changes in the law affecting children and matrimonial disputes. He will also deal with Family Law in the new world of no legal aid and increased costs scrutiny.

MLROs, COLPs and COFAs would be the ideal audience but it is relevant to all. The following will be available; red flag indicator posters, file review checklists, client due diligence questions.

Hampshire Legal

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Social Events

ANNUAL DINNER AND AWARDS CEREMONY Thursday 21 May 2015, Gunwharf Quays, Portsmouth Full details to follow but please reserve the date in your diaries.

This year’s annual dinner will be held at Gunwharf Quays in Portsmouth. Enjoy your pre dinner drinks with fantastic views over the Spinnaker Tower and Solent, savour a delicious three course dinner and then sit back and listen to our top quality after dinner speaker (to be revealed in due course.)

Hampshire Law Society Legal Awards

Nominations are now open

As a first this year, Hampshire Law Society is very excited to announce their inaugural Legal Awards and is inviting nominations from Hampshire firms for the following categories which will be awarded during the evening.

Firms and individuals from the Hampshire legal sector are invited to nominate themselves (don’t be shy!) or colleagues in one of the 4 categories (see below for full details). You need not be a solicitor to nominate.

So if you work with a talented rising star or an inspirational leader or you consider your firm to be the best to work for then please let us know before Friday 10th April 2015.

• Firm of the year (large firm) • Firm of the year (small firm) • Solicitor of the year (with more than 5 years PQE) • Young solicitor of the year

The nominations will be judged by an experienced panel of judges, comprising of leading figures from law, business and academia with the winners being announced on 21 May 2015 at the Annual Dinner.

Categories and Nomination Criteria Please contact Nicola Jennings if you would like a nomination form.

Judges will be looking for demonstrable evidence of one or more of the following:

Solicitor of the Year: More than 5 years PQE

Junior Lawyer of the Year:

Law Firm of the Year: a) Large b) Small (criteria on size tba)

• Involvement in interesting, challenging or new areas of law

• Excellent standards of work

• Training initiatives and accreditations received/being worked towards (e.g. Conveyancing Quality Scheme)

• Dedication to the role and profession

• Dedication to your clients

• Professional development

• Support for the profession which may include non-fee earning work/activities

• Contribution to client relationships and business development

• Contribution to the community including pro bono work

• Contribution to the community including pro bono work

• Growth in reputation • Appreciation and recognition by clients • Dedication to development and welfare of staff • Client initiatives that you feel have set the firm apart from others • Contribution to the legal community • Recognition received from other firms • Contribution to the community including pro bono work

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News

ANDREW CAPLEN’S WALK FOR PRO BONO WEEK At ten past four on the afternoon of Tuesday 4 November, Andrew Caplen, President of the Law Society of England and Wales, hobbled into the offices of Heppenstalls solicitors in Lymington.

He had walked over 70 miles to get there,

starting before dawn on the morning of Sunday the 2 November from Inkpen Beacon at the extreme north side of Hampshire. Andrew walked on his own for 29 miles on the first day, and stayed overnight in a pub in Stockbridge.

On the second day he was joined early in the day by a fellow solicitor, John Weaver, who stayed with him for the rest of his journey. The second day was blighted by heavy driving rain but Andrew could not give up the walk. He knew that he must not disappoint the reception party waiting for him at Heppenstalls.

John and Andrew spent the night in a

Premier Inn in Southampton Docks, and the next morning caught the first ferry to Hythe. They walked the 16 miles from Hythe to Lymington, picking up followers as they walked. By the time they reached Lymington they had become a party of eleven, including three dogs.

He walked into Heppenstalls Solicitors to receive speeches, wine and photographs and to eat a magnificent buffet laid on by Heppenstall’s managing director Alex Jennings.

Finally Andrew had to hobble to the station to catch his train back to London and his official duties.

Andrew has already raised over £1500 for the Access to Justice Foundation.

If you wish to donate please visit Andrew’s virgin money giving page.

Andrew Caplen President of the Law Society of England and Wales Law Society Council Member for Hampshire and the Isle of Wight Andrew.Caplen@lawsociety.org.uk

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News

NEW PARTNER AT SOUTHAMPTON BASED SOLICITORS PARIS SMITH LLP Cover story

Richard Atcherley has been promoted to partner at Paris Smith LLP following eight years with the firm and four years at the South Coast office of a large regional firm. Richard is a corporate lawyer in the firm's Company Commercial Department.

Peter Taylor, the firm's managing partner, commented "Richard's promotion is a natural progression for him. He is a popular solicitor in the business community with a client base of business owners and entrepreneurs across a wide range of sectors in the Solent region".

Sean Davies, head of the firm's Company Commercial Department said "Richard has unflinchingly developed his business orientated practice with us over the last eight years and is well set to continue that with his deserved promotion".

Pictured: Richard Atcherley Partner, Paris Smith LLP

Richard is delighted with his promotion and said "This is excellent news. I will continue to focus my energies on the owner-managed business sector in the region. In my opinion, the key is to understand the client's business, tailor the advice

accordingly and deliver it in a personable and enthusiastic way. This approach, coupled with building good relationships with clients and the wider professional community, is very important and, I think, makes Paris Smith an excellent choice for clients."

Richard specialises in company and business sales and purchases, shareholder agreements, joint ventures, reorganisations, succession issues and partnerships. He also advises businesses and Insolvency Practitioners on the sale and purchase of businesses out of insolvency.

Paris Smith's company commercial department is staffed by 14 lawyers acting for private individuals, owner-managed businesses, large corporates and listed companies across a wide range of sectors.

UNRATED INSURANCE COVER - WHAT DOES IT MEAN TO YOU AND YOUR BUSINESS? It's hard to believe that, according to SRA figures for 2013/14 that more than 2,500 firms held cover with unrated insurers.

Whilst figures for 2014/15 are not yet available, the likelihood is that there are still a significant number of firms holding cover with unrated insurers.

Having looked after the insurance requirements for law firms for the past 6 years, I have experienced first hand the negative impact that unrated insurance cover has on a law firm’s risk profile.

‘It won't affect me!’ ‘Ratings count for nothing anyway!’ ‘The price is so much cheaper that we can't ignore the quote...!’ These are all common justifications I have heard.

I then witness the sheer panic, distress, risk to partners’ reputations and the potential loss to staff jobs on too many occasions when the unrated insurer gets into difficulty. I can understand the short-term premium saving in most cases holds some appeal, but it's the long-term picture which needs to be considered.

The main issue with unrated insurers is that there are no guarantees regarding their financial stability.

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Premiums tend to be cheap, so when claims arise the model breaks down. I believe this is why the duration they spend providing cover is usually limited to no more than a couple of years, at which point their exit is usually sudden and without warning.

So what happens if your insurer becomes insolvent during the period of your insurance term? You will have to seek alternative cover with a new provider with immediate effect, assuming that their markets are open. There will be no guarantee of a refund under your current policy and even if there is, it will no doubt involve a great deal of time and effort on your part.

Beyond payment issues, I have seen firms almost go out of business as a result of the instability of their insurance provider. This was a significant issue during the 2013 renewal season, when I received numerous calls from firms who thought they had secured a renewal with an unrated insurer, only to be told at the last minute that they have now pulled out of the market. The risk of falling into the EIP as a result can be a real blemish to declare on your future proposal forms.

The main function of a professional indemnity policy is to protect yourself against claims. You only need to speak with a managing partner who is

trying to handle an ongoing claim with an insolvent insurer, to realise how time consuming the process is, not to mention the financial consequences.

The profile of your business is also something to consider. What impression does it give to your clients if you place cover with a potentially unstable insurance provider based solely on a cheaper quote?

So for me, yes, it is possible that you will pay more with a rated insurer, but what you receive in return is a product that is more secure, more reliable and enhances your professional image.

Securing ‘A’ rated insurance is something that I feel very strongly about, which is one of the many reasons that I decided to join JLT Speciality. If you would like to find out more about the exclusive access we have to ‘A’ rated insurers and the products they offer for 1-3 and 4-10 partner firms, please email me - joel_harding@jltgroup.com

Legacies News

LAWYERS IN SCHOOLS After a thought provoking presentation at the recent AGM by Lawyers in Schools, Hampshire Law Society is keen to work with them in encouraging young people to understand the law and how it affects their everyday lives. Established by the Citizenship Foundation in 1999, Lawyers in Schools exists to develop this awareness and understanding of the law and the legal system and their rights and responsibilities. It does this by bringing lawyers into the classroom to facilitate sessions about the law.

The programme addresses important socio-legal issues that are often missing from a young person’s learning, and also provides a comfortable and personal approach for legal professionals to interact with students directly

member firms who feels they may be able to assist both financially and by attending.

It is an enjoyable commitment that is not overly demanding of a volunteer’s time. Full details on the programme can be found on their website www.lawyersinschools.org.uk

HILS hopes to introduce this initiative into some schools in Portsmouth over the next few months and would be grateful for any

Hampshire Legal

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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.

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

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.

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.

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.

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

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.

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.

Lenders will not usually guarantee a time by which mortgage funds will be available on the day of completion meaning that it can be

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.

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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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

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.

Residential Conveyancing

ARE YOUR ENVIRONMENTAL SEARCHES COMPLIANT? December 18th saw The Law Society issue two new practice notes on how flood and contaminated land issues should be dealt with in Property transactions.

Flood risk is a growing issue in British property. The most common types of flooding include Surface water, Sewer, Groundwater, River and Coastal. The Environment Agency estimates that one in 6 homes in England are at risk from either rivers and the sea, surface water or both!

obtained, with different levels of detail and risk explained, these range from a brief overview incorporated into your Environmental Search to a dedicated flood report including insurability ratings.

Contaminated Land could also be a significant issue in your transaction and environmental liabilities may arise. In England and wales there is a long history of contaminants in soil, largely caused by industrial and domestic pollution.

The Governments Memorandum of Understanding (MOU) with the Association of British Insurers (ABI) developed the Flood Re scheme. Set to become operational this summer, it’s intention is to ensure that homeowners who’s properties are at high risk of flooding can obtain affordable insurance.

The contaminated Land Statutory Guidance has replaced the previous statutory guidance.

It is becoming increasingly important for a buyer to know beforehand whether they are at risk and what insurance they can get. A variety of flood reports can be

Searches from local authorities will determine whether the land has been designated as contaminated. Especially for commercial transactions however,

an independent commercial search can be obtained for further detail and to assess risks involved.

If you are unsure as to what searches to advise your client to purchase and want to ensure they are fully compliant with The Law Society we can help. We provide reports from a number of experts in contaminated land, flood and many other environmental areas.

For further information please contact Gary Mitchell, Business Development Manager on 07788 354015 or Gary.Mitchell@wessexsearches.co.uk

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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?

Majority of Conveyancers order four main searches: Local Search, Environmental Report, Water and 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 are Landmark Information Group and GroundSure Limited. They both

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

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 just insuring against the likelihood for liability.

This can be ordered via your Search Provider.

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.

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 parish church. A Chancel Report relates

For more information please contact our office on 01276 451 203 or email us at threecounties@indexpi.co.uk

Residential Professional Conveyancing Practice

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.

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Residential Conveyancing

PROPERTY FORUM AWARDS LAUNCHES TO CELEBRATE EXCELLENCE IN CONVEYANCING THE PROPERTY MARKET REPORTED A SIGNIFICANT SPIKE IN ACTIVITY EARLY IN 2014.

HOWEVER, FACTORS SUCH AS THE MORTGAGE MARKET REVIEW AND CONCERNS OVER INTEREST RATE RISES, BEGAN TO DAMPEN CONFIDENCE IN WHAT HAD BEEN A PROMISING START TO THE YEAR. LIKE OTHERS INVOLVED IN THE PROPERTY SECTOR, CONVEYANCERS HAD STARTED TO FEEL THE PINCH ON THE APPROACH TO 2015.

Dampening of optimism within the industry was reinforced by findings from SearchFlow’s latest Conveyancer Sentiment Survey. Covering the period from October to December 2014, it found that conveyancers were far more reserved about prospects for business growth and recruitment than they had been earlier in the year.

Just 17% said they expected additional business to come their way in quarter one of 2015, compared with 29% when asked the same question in the preceding survey. And only 19% said they were likely to add to their headcount (down from 31%) this year.

The sense of caution was also reflected in responses to questions relating to business health. Nearly half of those surveyed (48%) cited profitability as their main concern for the year ahead, while 36% are more worried about client satisfaction and retention. Of course, the best conveyancers appreciate the interdependent nature of these factors.

Client satisfaction is crucial for conveyancers to retain the businesses they have, but also to win new business.

And excellence in customer service is the key to making that happen. One way lawyers can do achieve this is through their own due diligence, compliance and client management. Profitability comes as a consequence of doing these things well, alongside innovations that help improve efficiencies and keep costs down.

Awards can be a useful tool for the best firms to showcase their commitment in these areas and to set themselves apart from competitors. An independent seal of approval reinforces confidence in existing clients, but it also makes a prospect more likely to grant the recipient new business.

Lawyers and conveyancers who continue to lead in areas of client satisfaction, customer service and innovation will be stepping up for this year’s inaugural

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Property Forum Awards from SearchFlow.

Designed to award key achievements and talent, winners will be chosen from law firms that set definitive benchmarks for excellence.

In association with Legal Futures (www.legalfutures.co.uk), are free for all to enter and entry is open now. Categories include: Conveyancing Firm of the Year This will be awarded to the firm which shows it has the edge over its competitors, across areas including legal expertise and innovation, strategic vision, client care and service excellence, employee development and compliance, contribution to the industry and Corporate Social Responsibility.

There are four awards in this category: - Commercial Conveyancing Firm of the Year - 50 or fewer employees - Commercial Conveyancing Firm of the Year - 51 or more employees - Residential Conveyancing Firm of the Year - 50 or fewer employees - Residential Conveyancing Firm of the Year - 51 or more employees Best Customer Service This award has been created to recognise firms’ efforts to promote customer care, contributing to the firms’ success. Law firms which strive to make their clients’ lives easier by delivering first-class service that is proactive, approachable and efficient should enter this category.

Best for Promotional Marketing This category celebrates law firms’ marketing excellence; demonstrated by a successful marketing campaign, involving use of digital and traditional marketing with quantifiable results.

Best for Innovation Firms which have devised innovative, ground-breaking initiatives to improve

conveyancing services will be considered for this award. Innovation is defined as ‘something newly introduced, a novel practice or method’ and it’s key that the product, service or transformation is unique in the marketplace and has added value.

Market Influencer Award An award for a person or organisation who has changed the market for the better, either by setting new standards, educating the industry or generally improving the market. Firms and candidates can nominate themselves or others for this accolade.

Entries will be judged by an independent panel of experts, from across business and legal industries, to ensure the judging process is fair, robust and credible. The names of those on the panel will be announced at a later date.

The winners will be revealed at the invitation-only Property Forum Awards, a glittering ceremony hosted by Rory Bremner, on 23rd April 2015 at the Cumberland Hotel, London. Firms shortlisted for the awards will be invited free of charge.

“The Property Forum Awards have been designed not only to honour law firms that show innovation, influence and service excellence in conveyancing, but to commend those that have adapted their business practices around the changing consumer,” said SearchFlow’s Managing Director, John Pickford. “No matter what industry you’re in, the way consumers shop and gather information has changed drastically in recent years. The ‘internetsavvy generation’ expects a swift response and these awards are dedicated to firms that demonstrate a willingness to change their practices, based on customers’ needs.”

To enter the awards, firms are asked to visit www.propertyforumawards.co.uk.

The closing date is 6th March 2015.

Residential Conveyancing

NATIONAL HOMEBUYERS SURVEY REVEALS CONSUMER FRUSTRATION AND OFFERS MARKET INSIGHT INTO THEIR CONVEYANCING DEMANDS 21 January 2015 - An independent national poll on consumer experience of buying and selling a home sponsored by Veyo, the comprehensive conveyancing portal, reveals that the waiting aspect of buying a home is the most stressful part of the process. And the single most popular change homebuyers would like to see to improve the process is a faster and quicker service.

Revealing very poor customer loyalty for the industry, with just under a half saying they were not sure or unlikely to offer repeat business, the survey, undertaken

by Morar Consulting, highlights how conveyancers and solicitors can boost their customer retention.

Highlights from the survey: •

• • • •

•

•

The waiting aspect of buying a home was revealed as the most stressful part The average conveyancing process is reported to take 11.3 weeks A quarter of respondents are willing to pay more for a faster service Dealing with solicitors is a key stress point when buying or selling a house Just under a third of respondents (29%) felt out of touch during the conveyancing process and just over a third (36%) have very limited knowledge of the process Significant repeat business is lost - a third of respondents are considering selling again in the next three years but 42% of respondents are not sure or unlikely to reuse their conveyancer /solicitor Solicitors dominate the conveyancing market with 78% of consumers using a solicitor, 11% using a licensed conveyancer and the remaining respondents undertaking their own conveyancing or using an online conveyancing service

Conveyancers or solicitors wishing to access the market research report for free please email info@veyo.co.uk

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When the 2000 respondents were asked what single change they would like to see to serve them better in the future, more opted for a faster, quicker process than lower costs, fees and stamp duty. With the conveyancing process reported to take almost 12 weeks, 65% of respondents were either willing or undecided as to whether they would pay more for a faster service.

Veyo, the comprehensive conveyancing portal to be launched in Spring 2015, is a joint venture between the Law Society and Mastek UK. It will bring together in one portal all the processes, checks and documentation prepared and undertaken by solicitors and licensed conveyancers in the sale and purchase of residential properties, therefore improving the efficiency and speed of the process.

Elliot Vigar, CEO of Veyo, comments: “There is a long history of misgivings for the lengthy conveyancing process in England and Wales. An average conveyancing time of three months in our digital era is simply not good enough for homebuyers and they have made it clear what they wish for. With many homebuyers even willing to stump up more money for a fast track service, it is clear that conveyancers or solicitors who are able to demonstrate their speed and efficiency will have a competitive edge to their business offering.”

The survey also revealed that one in ten consider home buying to be the most stressful life event they have ever experienced, placing it above other

events such as a redundancy and having a baby for the first time. ‘Dealing with solicitors’ is seen as a key stress point when buying or selling a house. In addition to the lengthy process, consumers in the survey vented their frustrations about poor levels of service and poor communication. Just under a third of people in the survey reported feeling out of touch during the conveyancing process and of those, 60% found dealing with solicitors as one of the most stressful aspect of buying or selling a house.

Elliot Vigar, CEO of Veyo, continues: “Understandably buying a home is incredibly stressful - there is a huge sum of money at stake. But adding to the stress is the fact that many homebuyers do not feel in control, are out of the loop and have limited knowledge of the conveyancing process. This can have a very negative impact on their relationship with their conveyancer, reducing opportunities for repeat business or any business referral. Many home movers stressed their desire for improved communication and greater transparency with advice up-front – enabling them to feel more in control. With the introduction of our conveyancing portal, home movers for the first time can track the conveyancing process of their house sale or purchase as well as properties along the whole chain, transforming their home buying experience.”

Management Legacies

CARE HOME FEES ALL NEED NOT BE LOST! I was chatting with a client recently whose 93 year old mother, widowed and suffering badly with dementia, had arrived at a point where moving her into a care home had become essential.

My client had managed to find an ideal home nearby to her and was going through the stressful and emotional process of relocating Mum. Although she had been bracing herself, the £1,030 per week care home fees still came as a shock. No Government help was available as the Mum had a house worth £500,000 (now on the market as thankfully a Power of Attorney was in place) which she had been planning to leave to her grandchildren but which would now be needed to fund the £53,500 or so annual care fees.

Conversation turned to her plans for what remained of the house sale proceeds after the first few months fees had been set aside.

Being fully aware that the care fees will rise each year at a rate far higher than inflation she was keen to invest the money to try and generate a better return than was being offered on cash deposit. At the same time, she needed liquidity to meet the fees, was reluctant to risk losing capital and wanted to try and preserve at least some value in the hope that Mum’s wish might be fulfilled to leave something to her grandchildren.

This case study is provided for illustration purposes only and based on our understanding of current legislation. The value of investments can fall as well as rise.

This article is intended for qualified lawyers and solicitors and is not to be distributed to retail clients.

by STEVEN VALLERY, Business Development Director S4 Financial Ltd. Contact: 0127634932

As is often the case, some of these objectives seemed to be at odds with each other. Yet one solution came to mind which could secure an annual income sufficient to cover the fees, protect against future increases in care costs, avoid any tax on the income and leave funds available elsewhere for bequests.

The solution was a type of annuity offered by a small number of specialist providers which, when paid directly to a care home, attracts no income tax. Based on Mum’s age and a medical report from her GP we were able to secure such an annuity which, for a premium of £260,000, paid a non-taxable income of £53,500 per annum directly to the care home for the remainder of Mum’s life. Better still, the annuity escalates at a rate of 8% each year to protect against increases in the cost of care and has a modest level of protection built into it such that if Mum were to die at any time during the first 6 months then between 25% and 100% of the premium would be repayable.

More to the point £240,000 of the £500,000 house proceeds can now be set aside outside of the care home fees funding trap and, with sensible advice, retained within the family.

As is often the case, if you take professional advice you can often come up with a solution which will meet not only yours but the families requirements.

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Management

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.

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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.

For further information, feel free to contact Robert Rutherford via http://www.quostar.com

Management

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.”

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.”

PAUL DOBLE, Chief Sales & Marketing

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29

Management

coming months given this sobering backdrop. Besides, the period between now and the end of January is generally when law firms face their greatest financial pinch points.”

Consolidation As if to demonstrate the effect of these issues, Murphy notes the disappearance of names such as Denton Hall Burgin & Warrens, Richards Butler, Dibb Lupton Broomhead, Theodore Goddard and Hammond Suddards which were around in 1994 when the original survey organised

by Smith & Williamson took place. He also points out how in 1994, the combined gross fee income of the top ten firms (at just under £1 billion) was less than that achieved by any one of today’s top seven firms (£1.1 billion upwards). **

Pictured: Giles Murphy, head of professional practices at Smith & Williamson

LAW FIRMS: CONFIDENCE AT EIGHT-YEAR HIGH, AMID SIGNS OF OVERTRADING! 20th annual research programme of UK law firms

by Smith & Williamson also highlights early signs of competitive pressures.

Similarly, as recently as 2009, participating firms included the still-familiar names of Halliwells, Cobbetts, Manches, Dawsons and Barlow Lyde & Gilbert, but these names no longer feature in the legal landscape.

Smith & Williamson’s surveys have also tracked expectations of mergers and acquisitions (M&A) in the sector, with consolidation often widely predicted. Back in 1996, 63% predicted M&A activity within the profession would increase, and while this dipped to just 36% in 2002, it rebounded to a high point of 84% in 2012.

The idea of multi-disciplinary practices also caught attention, particularly in 2006, when 78% of respondents expected firms from different professions to join forces.

Limiting liability Business confidence among the UK’s law firms is at its highest point since 2006, according to the 20th annual research programme of law firms by Smith & Williamson, the accountancy and investment management group. 96% of the 98 firms who took part in the research, including some of the largest law firms in the UK*, stated they were confident about the year ahead. However, doubt is being cast on how sustainable this confidence is.

In spite of this apparent confidence, three quarters of respondent firms think competitive pressures have risen since last year, with pressure on fees the greatest challenge, and maintaining profitability the second most pressing issue. Additionally, almost two thirds of firms are asking their partners to invest more in the business, following complex changes to the taxation regime for limited liability partnerships.

Giles Murphy, head of professional practices at Smith & Williamson, said:

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“The only time we have seen business confidence surpassing the current level was in 2006, when it reached 98%, just when the economy was peaking before the onset of the recession.”

He continued: “But while firms are scaling up and planning to invest – as demonstrated by the two thirds (69%) of practices who are planning to increase investment in IT, almost a half (42%) who are planning to set up new service lines, just under a third (29%) expecting to take on new office space - there are a raft of economic dangers on the horizon.

“Looming large is the prospect of rising interest rates, renewed uncertainty from within and the UK’s role with Europe and signs of cooling in the UK property market not to mention potential political uncertainty in the UK with an election next year.

“Managing cash flow is an issue which firms cite each year, but I fear that this could take on renewed importance in the

Smith & Williamson’s Murphy also points out how in 1996, 38% of firms were considering how to limit liability. This figure tended to rise in the ensuing years and, in 2002, one participating firm noted its status as an LLP. By 2005, a third of respondent firms were LLPs and this has risen steadily so that in 2014 84% of participants are LLPs. 63% of respondents to the 2014 survey say the new tax rules affecting salaried partners, effective from April this year, apply to them. Only 22% of firms accepted that some of their partners will be treated as ‘deemed employees’ for income tax purposes under the new rules.

Murphy concludes: “With LLP status now the norm among professional practice firms, we are seeing significant tightening of the tax rules. With the possibility of further changes, this could alter the way firms are structured, with a consequential impact on the way partners are remunerated bringing long term implications for career progression and succession planning.”

Management

How confident are you about the business outlook for the legal sector, over the next year?

120% 100% Reasonably or very confident about the year ahead, 2001 - 2014

80% 60%

Breakdown by region in which the firm is most active: 36% 13% 21% 15% 7% 4% 3% 1%

London South East exc. London South West North Midlands Scotland East Anglia Wales

40%

Business structure:

20%

83% 12% 5%

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

0%

Graph: confidence among law firms according to Smith & Williamson’s annual survey of law firms, charting 2001 to 2014

Background on the research

LLP Partnership Company / Combination

** According to analysis by Legal Business: Top 10 UK law firms, ranked by profits per partner 1994-1995 and The Lawyer’s Annual Report of the UK 200, 2014

*Breakdown of respondent firms to Smith & Williamson’s 2014 research of law firms, their 20th annual research programme.

98 law firms, drawn from the UK’s top 250, took part.

46 firms came from the top 100, which included 18 firms from the top 50 and a further 28 firms from the 50 – 100 bracket.

For further information: Kate Harrison, Smith & Williamson Press Office, tel 020 7131 4228 www. smith.williamson.co.uk

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Book Reviews

THE SOLICITOR’S HANDBOOK 2015

by Andrew Hopper QC & Gregory TrevertonJones QC The Law Society Legal Handbooks ISBN: 978 1 78446 008 2 www.lawsociety.org.uk A COMPREHENSIVE LAW SOCIETY PUBLICATION WHICH REMAINS ESSENTIAL FOR ALL SOLICITORS IN PRACTICE An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers We have reviewed this excellent work on a few previous occasions and the new 2015 edition does not disappoint! “The Solicitor’s Handbook” remains a book which all practitioners should own and is comparable with “The Bar Handbook” from LexisNexis which is the essential reference for Counsel.

It often surprises us that neither of these two works are actually sent to every relevant practitioners each year as part of the cost when we renew our subscriptions to practice. It would make sense to include this publication each time so that lawyers (and our regulators) know what is going on now we have entered the annual fee era which allows us to remain as practitioners with all sorts of threats if we don’t pay up!

But enough of this sensible suggestion… the 2015 edition has excelled itself with a wide range of

updates to reflect the significant regulatory changes in seven main areas covered on the back page, namely: referral fees; CFAs; entities; referrals; consumer credit; abolition of the Assigned Risks Pool; and the level of fines that can be imposed by the Solicitors Disciplinary Tribunal (SDT) following “Fuglers” and “Andersons”.

The 2015 Handbook remains in the capable hands of Andrew Hopper and Gregory Treverton-Jones since they embarked on this undertaking in 2007. If one reads the various Prefaces down the years, the reader can see how much change the legal profession has undergone recently and probably will continue to undergo with the regular regulatory changes so the word ‘revolution’ is apt to describe what engulfed the profession in 2007 as one period of upheaval has been followed by another: is the end in sight… doubtful!

As the authors say, “the effects of the revolution over the last seven years will continue to play out in the months and years ahead”… which is why you really do need this handbook to keep up with all the things those running the profession are doing to us.

They go on to say that this “is not to say that yet further revolution can be ruled out”! They continue with a most important point as we head for the general election in May 2015 and whatever could follow it: “The present Government has pursued an agenda that seeks to reduce regulatory burdens on professions and businesses.” We would probably use

the word allegedly here!

They continue: “politically, we may see pressure for the abolition of the Legal Services Board, and consolidation of legal regulation under one regulator.” This particular titbit of comment will be welcomed by the vast majority of practitioners judging by the comments we have heard at this year’s professional conferences where concerns over regulation remain high on the list of grievances even though lawyers are told that the regulatory touch is very light in practice: but they would say that, wouldn’t they!

This year’s handbook remains the prime publication for the legal professional and you cannot afford to be without it - it gives you a little bit of a comfort blanket if you ever need to find a passage through the regulatory maze that governs the conduct of today’s solicitors in practice. Thank you Messrs Hopper and Treverton-Jones: we appreciate the work you have put in with this year’s handbook!

The law is stated as at 1st September 2014.

SELECTED WRITINGS OF JAMES FITZJAMES STEPHEN A GENERAL VIEW OF THE CRIMINAL LAW OF ENGLAND Edited by K J M Smith Oxford University Press ISBN: 978 0 19966 083 4 www.oup.com CRIMINAL LAW IN VICTORIAN ENGLAND: HOW MUCH HAS REALLY CHANGED? An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers From approximately 1856 onwards, James Fitzjames Stephen, a young lawyer in his late twenties, was becoming well known for his contributions, initially, to the ‘Saturday Review, soon to be acknowledged as ‘the great political and literary weekly of the period.’

Witty, erudite and sharply critical when criticism seemed in order, this noteworthy journal quickly became known as the ‘Saturday Reviler’, staffed by ‘young men with the proper confidence in their own infallibility.’

Fitzjames Stephen also contributed to other publications, including ‘Cambridge Essays’ and also delivered a number of papers to the Judridical Society. In 1862, a collection of his pieces for the ‘Saturday Review’ emerged as ‘Essays by a Barrister’.

In 1863, what is described as a ‘career enhancing book’, ‘A General View of the Criminal Law of England’ was published. Fitzjames Stephen was a prolific writer and thinker across a wide range of topics, from literature and religion to ethics and history, as well as, of course, the law. Writing on law, he was outspoken

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and analytical on law reform, the criminal defence of insanity, capital punishment, codification, criminal procedure and much, much more.

Published by the Oxford University Press under the editorship of K J M Smith, this book is primarily an edited edition of Fitzjames Stephen’s ‘General View of the Criminal Law of England’ referred to in the editor’s acknowledgements as having benefited from the observations and suggestions of Professor Sir Christopher Ricks and Professor Patrick Polden.

To call this a treatise on the Victorian criminal justice system would oversimplify its scope and intent.

Stephen’s overall aim, it would appear, was to examine the workings of the criminal law as an institution within its particular place in the social and political landscape, with a view to having it recognized both by lawyers and lay persons, as a social science and indeed an important component of a liberal education.

Read though the book and you will not fail to notice that Stephen’s analysis throughout is objective, fearless and in places, pretty stern stuff. What is truly startling is that generally his commentaries remain as topical today and, in most cases, directly relevant to the twenty-first century reader, whether lawyer or not because the main issues have not really changed.

To cite only one example, Stephen offers, in the words of the editor, ‘a cryptic contrast between former and current (Victorian) punishment practices’. ‘There has been,’ he says, a ‘transition from almost barbarous severity to excessive lenity, both the lenity and serenity being tempered by a wide personal discretion reposed in the judges.’

The meaning of ‘lenity’ is open to some speculation.

If it means ‘leniency’ which it almost undoubtedly does, this trenchant opinion would certainly resonate with any number of critics of the criminal justice system in place today. Equally relevant to the contemporary reader are Fitzjames Stephen’s observations on the relationship of immorality and criminal responsibility and the appropriate role of capital punishment.

Taking this argument forward, there’s an interesting footnote here, which refers to Stephen’s criticism of the (criminal justice) system’s ‘utter want of system… its equivocation over whether punishment seeks to reform or punish, and the frequent lack of proportionality of punishment between different levels of criminality’. The editor notes that Stephen ‘inclines to a policy of greater deterrence of more serious offences by more demanding prison regimes.’

It is not difficult to conclude that Sir James (as he became) was the fortunate possessor of a fine legal mind and a cultivated sensibility, which, combined with the skills of a journalist, renders his observations readable and current to this day.

Those involved in, or interested in the English criminal justice system will find themselves both fascinated and enlightened by this careful and scholarly reappraisal of Fitzjames Stephen’s work.

News

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 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, but it takes away an extra concern for friends and family during a distressing time.

Over the years, Dogs Trust has taken in hundreds of dogs across its 20 rehoming centres in the UK as part of the Canine Care Card scheme and helped them settle into happy new homes. One of these dogs was Poppy-Pie, a nine-year-old crossbreed who found herself looking for a home when her owner passed away earlier this year. Before coming to Dogs Trust, Poppy-Pie was looked after by her late owner’s carer and her dog walker. Both very much wanted to see Poppy-Pie find a loving new home but, sadly were not able to offer her a forever home themselves.

Dogs Trust never puts a healthy dog down, and works hard to match every dog with a responsible, loving home and after being taken in by Dogs Trust Snetterton, Poppy-Pie was soon settling in and making new friends. She loved being around the staff and was adored by everybody at the rehoming centre - she even spent time helping out on reception while waiting to find a new home. After three months at Dogs Trust, Poppy-Pie found a happy new home where she became part of a loving family.

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 Poppy-Pie and many dogs like her are able to get a second chance at happiness and bring joy to a new family. If you decide to become a Canine Care Cardholder, 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.”

Hampshire Legal

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Notices

MATTHEW & MATTHEW SOUTHBOURNE, BOURNEMOUTH COMMERCIAL PROPERTY SOLICITOR/LEGAL EXECUTIVE Matthew and Matthew are looking for a Commercial Property Solicitor/Legal Executive with at least 2 years’ PQE to work in our busy Commercial Department. We deal with a varied caseload, from shop leases to large redevelopment sites to shopping centre acquisitions. Excellent opportunity and package for the right candidate.

Please send your CV to David Webb by email david.webb@mm4law.co.uk

RESIDENTIAL PROPERTY SOLICITOR/LEGAL EXECUTIVE Matthew and Matthew are looking for a Residential Property Solicitor/Legal Executive to work in our busy Residential Department. The candidate must have residential experience as they will be required to handle their own caseload.

Excellent opportunity and package for the right candidate.

Please send your CV to Emma King by email – emma.king@mm4law.co.uk

BOURNEMOUTH COMPANY LAWYER • • •

This is an excellent opportunity for an experienced company lawyer to join a busy and growing department.

We value enthusiasm and commitment as well as ability and experience.

The ideal candidate will have at least 2 years experience, have undertaken good quality work, have good client care skills, and actively engage in business development.

Please apply to Sam Freeman, Laceys Solicitors LLP, 5 Poole Road, Bournemouth, Dorset BH2 5QL or by email at s.freeman@laceyssolicitors.co.uk

DIVORCE AND PRIVATE CHILDREN LAW SOLICITOR 2 -5 YEARS PQE Competitive Salary We are seeking an enthusiastic and dedicated solicitor to take on and grow an existing caseload of family law work representing same-sex parents and other modern families in dispute. No previous fertility law experience is required (training will be given), but practice experience in divorce, finance and private children law is essential.

We are a close team which works collaboratively, with strong values and a commitment to making a difference. Our team has high standards and attention to detail as well as being personable, sensitive and open-minded. Our reputation is for cutting edge work at national and international level which pushes the boundaries and makes change.

The role is full time and based at our idyllic offices in the New Forest.

If this is for you, then please send your CV and a covering letter to Sarah Adlem, Office Manager, Natalie Gamble Associates, 19 Glasshouse Studios, Fryern Court Road, Burgate, Nr Salisbury, SP6 1QX or sarah@ngalaw.co.uk No agencies please.

LOCUM AVAILABLE FOR FAMILY / MATRIMONIAL WORK: Miss Vivien Manfield, Solicitor, admitted 1981, Resolution Accredited Family Specialist January 2006 – January 2011, based in Winchester, has been doing locum assignments since 1993 and is available for full or part time assignments.

Tel : 01962 853930 or email vivienmanfield@yahoo.co.uk for more information and c.v.

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HARVEYS SOLICITORS - LISS RESIDENTIAL CONVEYANCER Harveys Solicitors are looking for a Residential Conveyancer (Solicitor/Legal Executive/Licensed Conveyancer) to take on with minimum supervision an existing substantial caseload covering the full range of residential conveyancing transactions. The successful applicant will have excellent client care, time management and organizational skills and work in a professional and conscientious manner.

We offer a competitive salary according to experience and a relaxed and very friendly working environment.

To apply please email your covering letter, salary expectation and CV to Sue Harvey – sue@harveys-solicitors.co.uk

BRAIN CHASE COLES BASINGSTOKE, HAMPSHIRE PRIVATE CLIENT SOLICITOR FOR MATERNITY COVER Private Client solicitor maternity cover required for up to one year from March 2015. We are a well-regarded and friendly firm situated in Basingstoke town centre seeking a STEP qualified solicitor, or one with at least 3 years PQE in Private Client work. Pay negotiable. Please email a CV and covering letter to Mrs Gillian Matthews - gmatthews@brainchasecoles.co.uk

HENLEYS SOLICITORS Basingstoke Sole Practitioner nearing retirement requires enthusiastic experienced full time solicitor to replace retiring legal executive with full caseload with a view to succession. Busy 30 year old Conveyancing practice. Great prospects for enthusiastic, hard working solicitor. Apply with CV to Jonathan.henley@henleyssolicitors.co.uk.

HEPPENSTALLS PRIVATE CLIENT LAWYER Heppenstalls Solicitors Ltd wish to appoint an experienced Private Client lawyer to join their team of specialists.

As part of a planned expansion, the company wants to attract a solicitor or CILEX with at least 3 years` post qualification experience. You will be technically skilled, proactive and will deal with all areas of Wills, Trust and Probate work,(including taxation) and Powers of Attorney/Deputyships . STEP membership, or working towards that an advantage. Full support will be provided by the firm to help market your expertise.

This is an outstanding opportunity to move to a leading law firm that is enjoying a period of sustained growth.

All applications will be reviewed and successful applicants will be contacted in due course. For further information or for application, please send your cv to recruitment@heppenstalls.co.uk

HEPPENSTALLS - COMMERCIAL AND RESIDENTIAL PROPERTY LAWYER Heppenstalls Solicitors Ltd wish to appoint a property lawyer with experience ideally in both commercial & residential property to join their successful property team and expand commercial conveyancing. You will need a minimum of 1 years’ experience managing your own caseload from instruction through to completion and registration, including high value and complex sales, purchases, transfers & re-mortgages and you will be used to working in a team, maintaining excellent standards of work, achieving set targets. The ability to work as part of a team is essential together with excellent communication and organisational skills.

The role is open to solicitors, legal executives and licensed conveyancers. This is a busy and friendly team based on the South Coast in the New Forest.

All applications will be reviewed and successful applicants will be contacted in due course. For further information or for application, please send your CV to recruitment@heppenstalls.co.uk

MISSING WILLS: Andrew Michael Ellkerton

Mr Eric John Marks

Eastney Portsmouth Dob: 21/10/195 Dod: 27/12/2014

10 Lodge Road Pennington SO41 8HA Dob: 18/11/1943 Dod: 26/09/2014