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1892 - 2017






LORD BRIGGS – New “Online Court” page 15

Inside this issue:

■ Conveyancing ■ Legacies ■ Anti-Money Laundering ■ Financial

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GRAPHIC DESIGNER John Barry ACCOUNTS Joanne Casey MEDIA NO. 1509 PUBLISHED NOVEMBER 2017 © 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. 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.



24 15

COVER INFORMATION Lord Briggs of Westbourne, Justice CREDIT - UK Supreme Court, Kevin Leighton.

COPY DEADLINES Winter Spring Summer

30th January 2018 30th January 2018 18th April 2018

Members wishing to submit material please contact the Editor, Alison Plenderleith, before copy deadline. Email: Anyone else wishing to advertise or submit editorial for publication in Hampshire Legal please contact Anna Woodhams before copy deadline. Email: Tel: 0151 236 4141

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24 26 28 30 31 32 35 37


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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: PRESIDENT Russell Evans Resolve UK Summerlands House Botley Road, Curdridge Southampton SO32 2DS Tel: 01489 797073 Email:

VICE PRESIDENT Kristina Colmer Email:

LAW SOCIETY COUNCIL MEMBERS Razi Shah (North Hampshire) Appleby Shaw Trinity House 15a Trinity Place Windsor SL4 3AS DX 3830 Windsor Tel: 01753 860606 Fax: 01753 860620 Email: Nick Gurney-Champion (Residential conveyancing)

DEPUTY VICE PRESIDENT Joe Robertson Jasper Vincent 44 Queensway Southampton SO14 3GT DX 2005 Southampton Tel: 02380 633225 Email:

HONORARY SECRETARY Rod Hursthouse 10 Hudson Close, Liphook Hampshire GU30 7UW Tel: 01252 622122 Fax: 01252 774409 Email:

HONORARY TREASURER Ian Robinson Churchers 13-18 Kings Terrace, Portsmouth PO5 3AL DX 2205 Portsmouth Tel: 02392 882001

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:

ADMINISTRATOR Nicola Jennings 92 Chessel Crescent Bitterne Southampton SO19 4BS DX 52766 Bitterne Tel: 023 8044 7022 Fax: 023 8044 7022 Email:



Alison Plenderleith

Matthew Robbins Jasper Vincent 44 Queensway Southampton SO14 3GT DX 2005 Southampton Tel: 023 8063 3225 Email:

Lanchet Cottage, Stuckton, Fordingbridge SP6 2HF Tel: 07429 523183 Email:


Hampshire Legal


Anthony Harris (Chair) Kristina Colmer Katharine West Alison Plenderleith Nicola Jennings Joe Robertson Milly Bygrave (Co-opted)


Russell Evans (Chair) Wendy Hewstone (Co-opted) Steven Wood (Co-opted)


Roderick Hursthouse Alison Plenderleith Deglan Rowe


Nick Gurney Champion Matthew Robbins Simon Whipple


Adrienne Edgerley Harris (Chair) Roderick Hursthouse Ian Robinson Jennifer Williamson


Sarah Hallett (Co-opted) Mo Aldridge


Kristina Colmer


Joe Robertson (Chair) Simon Whipple James Gleisner


Mo Aldridge (Chair) Katharine West Kristina Colmer Alison Plenderleith Nicola Jennings



David Ankcorn James Kitching Tom Mitchell Victoria Whelan


PRESIDENT’S REVIEW WINTER 2017 It seems only yesterday that I was appointed President of the Hampshire Law Society. Autumnal hues are once again brightening our horizons. Time of course has flown. All Saints, Samhain and Christmas are almost upon us signifying times of remembrance, renewal and rebirth. Time has come for the lighting of fires, for celebration and times of good cheer. Time for family and friendship. During the past year my son and eldest daughter have both graduated from University. One has flown to China. The other has returned to medical school. I have conducted a mediation for a top flight premiership football club with a WBO mediation looming. I have also been on an archaeological dig in York unearthing Viking and Anglo Saxon life and have even held a Viking anvil in my hand forged nearly 1000 years ago. Time as Einstein would say is all relative. We all live through many ages with many twists and turns and can wear many hats…father, mother, son, daughter, lawyer, doctor, mediator and maybe even archaeologist! We are all multi-dimensional and are products not only of the past and our environment but our imagination. As Einstein said ‘Logic will get you from A to B. Imagination will take you everywhere’.

• Lord Justice Briggs Sometimes of course we need to stand up and be counted. 2017 not only marks the 125th Anniversary of the Hampshire Law Society but the beginning of the Reformation 500 years ago when Martin Luther nailed his Ninety-five Theses to All Saints' Church in Wittenberg. As a full time mediator I know that there are times to talk and times to listen. There will certainly be many challenges ahead. High on the

agenda today are access to justice, global warming and international relations. We are in a time of transition and evolution with the impending advent of the online court and fixed fees as well as Brexit. The digital age is upon us and artificial intelligence lies perhaps just over yonder hill. What then of the future? Lord Denning were he here would no doubt offer words of inspiration. For now we have the great pleasure to welcome Lord Briggs to offer us insights into the online court at a talk which we have arranged in association with Southampton University on 20th November. I will look forward to seeing many of you there. I am already in communication with another Law Lord for next year. For sake of balance Professor David Gurnham of Southampton University will also provide us with a Criminal Law Review at our AGM in Winchester on 28th November. As President I have had the great pleasure to meet with many committed lawyers and in the weeks ahead will no doubt meet many more. The passion and dedication displayed by lawyers to justice is itself an inspiration. I have had meetings with all the major Hampshire Universities and look forward to developing our legal focused partnerships. If you are looking for students or indeed solicitors let us know. We are in communication with Suella Fernandes MP as a sponsor to arrange afternoon tea and a meeting with Hampshire MPs in the House of Commons in the spring of 2018. We are also in the process of arranging the next instalment of our senior partner series for those with management responsibility. The Civil Justice Council has backed the presumption of mediation in its recent 98 page report. Perhaps for me there may be another contentious probate, property or commercial mediation in store. Perhaps a voyage up the Nile! Time will no doubt tell. This year the Law Society has published ‘Our Vision for Law and Justice’ as well as ‘Pride in the profession’. Many challenges lie ahead of us. Working together we can however build a bright future. With imagination and focus we can soar.

Together We Are Stronger

Russell Evans Hampshire Law Society President

Afternoon Tea at House of Commons We are already in discussion with MPs to host a reception and afternoon tea at the House of Commons for Hampshire Law Society Members. We are looking to pay a visit in 2018. We will be joined by our friends from Dorset and Bournemouth Law Societies. If you would like to register your interest please contact Nicola Jennings on

Hampshire Legal


Happenings in Hampshire

LAW SOCIETY COUNCIL MEETING SUMMARY: 14 SEPTEMBER 2017 Council report Council met for the first meeting of the new 2017-18 'season', with a full agenda, led by Joe Egan as President. Joe took the opportunity to welcome 16 new members to Council. You can find the full list of Council members here: Changes to governance for 2018 As noted in July’s update, the agreed changes to Law Society governance are moving towards implementation in early 2018, and further work has been going on to agree the nomenclature for the new structure, including that the ‘main board’ should be known simply as the Board; and to agree the composition and terms of reference of the Board’s two supporting committees (the Policy and Regulation Committee and the Membership and Operations Committee). The role of Board Chair is now being advertised. Work is also continuing on the shape and composition of Council itself with a view to bringing forward proposals later this year. Law Society - culture and business planning Following discussions at Council in July, there were further discussions at the September meeting, focusing on the development of a common understanding about why culture is important and how our behaviour impacts on shaping our culture, and on the development of a culture code for the organisation building on the pride and passion of Council, boards, members, and staff. The Society is also working on the business planning process, the outputs from which will come formally to Council in October, focused on the objectives of promoting the profession, attaining influence and impact, developing the membership offer, and securing an efficient and effective business. Brexit action Council heard reports of the hard work the Society has been doing to help government and promote the interests of the profession and the public as negotiations continue. The Society has five key priorities: continued mutual access for solicitors as between the UK and the EU; continued mutual recognition and enforcement of judgments; continued collaboration in policing, security and criminal justice; the maintenance of legal certainty throughout the withdrawal process; and the continued effective promotion of England and Wales as the jurisdiction of choice.

The government published its paper on civil justice co-operation in August, and Council noted that all of the major aspects of the Society’s agenda had been adopted, including the seeking of a new cross-border civil justice agreement, the incorporation into domestic law of the Rome I and Rome II instruments on choice of law, and continuing participation in the Hague and Lugano conventions. The importance of a smooth transition was also noted. Strategic engagement Council noted that we continue to engage with parliament and the judiciary, including delivering valedictory speeches for the outgoing Lord Chief Justice and the President of the Supreme Court. We were also approached by Lord Justice Jackson’s office to host the launch of his report on fixed recoverable costs. Support to the profession Council noted the Society’s response to the SRA’s consultation on the solicitors’ qualifying examination highlighting the importance of ensuring that academic and work experience requirements receive proper scrutiny to ensure that standards are maintained. The Society has also published briefing for our members on the implications of the changes to the SRA Handbook. In other areas, the Society has published a quick guide to the new anti-money-laundering regulations to help members’ understanding and practice, and a new practice note designed to assist solicitors in identifying circumstances which may warrant a refusal to undertake legal aid work Supporting the profession internationally Council noted that the Vice President, Christina Blacklaws, had chaired a round-table on the international programme on women and the law which attracted 20 women solicitors from law firms and academia. The Society has also successfully secured a UK government prosperity fund bid for a project to support members’ access to the South Korean market, and hosted a Carey Street dinner with members working in China, which was attended by Lord Keen and other distinguished guests. More broadly, the Society attended the International Bar Association investing in Africa conference, and has hosted a party of Kazakh judges as part of the Kazakhstan judicial training programme.


date: venue:


Thursday 17 May 2018 Hilton at the Ageas Bowl

Sponsored by

Following the continued success of the awards ceremony and annual dinner we have booked the prestigious Hilton at the Ageas Bowl for this year’s event. The theme for this year will be “Hampshire” from holding the event at the home of Hampshire cricket to our speaker born and bred in Southampton and sourcing the food and drink locally Pre-dinner drinks will take place from 1800 with beer tasting from a local micro brewery. This will be followed by a privately catered 3 course dinner in the Ballroom. The awards will be presented after dinner and the entertainment. This year there will be the opportunity to nominate for 4 awards as follows: • Solicitor of the year • Junior solicitor of the year • Firm of the year (large) • Firm of the year (small)

A quality after dinner speaker has been booked. BBC presenter and naturist Chris Packham. Chris was born in Southampton in 1961 and as soon as he was crawling around suburbia, ladybirds were being desiccated in matchboxes and tadpoles tortured in jam jars. Husbandry skills improved and the menagerie expanded to large collections of reptiles (inside) and birds of prey, foxes, badgers, squirrels etc (generally outside). A precocious young scientist, swat and nerd in training he studied kestrels, shrews and badgers in his teens and as an undergraduate days in the Zoology department of Southampton University. More recently he is better known as a broadcaster and a presenter of BBC’s BAAFTA Award winning Springwatch, Autumnwatch and Winterwatch series Extraordinarily creative and prolific, Chris Packham has led a remarkable life.

Sponsorship opportunities exist for the dinner. Please contact Alison Plenderleith on 07429 523183 for more details


Hampshire Legal

Happenings in Hampshire

Moore Blatch appoints Ed Whittington as Managing Partner Leading law firm Moore Blatch has appointed Partner Ed Whittington as Managing Partner, taking over from David Thompson who, after 12 years in the role, is standing down. Currently co-head of the real estate commercial division and head of the rural services team, Ed Whittington is recognised by Chambers as a “leading individual” who is “respected for his specialist knowledge of land law and hands-on approach.” Ed took over the position from David Thompson in September. Ed Whittington commented; “Under David’s stewardship Moore Blatch has not only grown but also climbed the legal industry rankings with many of our lawyers and professional teams receiving national and local recommendations from professional bodies for the quality of their work. I share David’s ambition for the firm, and look forward to building on his success.”

David Thompson said, “Ed has not only built up a formidable reputation as an exceptional lawyer, but has also been instrumental in leading the expansion of the commercial real estate division in the south and London. He has the personal and professional skills to oversee Moore Blatch’s continued growth across all business areas, • L-R David Thompson and and to cement its reputation as one of the Ed Whittingham South of England’s leading law firms. Moore Blatch is in very good hands.” David Thompson will continue on at Moore Blatch as Partner and head of the regulatory and business crime team.

Simon Whipple, President of Hampshire Law Society 2013/14, merges his firm with Footner and Ewing LLP. The Carers Legal Centre is a solicitors’ practice based near Christchurch. Since 2009 the Carers Legal Centre has provided legal services for carers and those they care for. Dozens of people who care for frail, disabled and elderly relatives and friends have been helped by the Carers Legal Centre to ensure that their loved ones receive the care to which they are entitled, and which was otherwise denied them by official misjudgement or parsimony. Footer and Ewing LLP is a longestablished solicitors’ practice serving the needs of private individuals and businesses in Romsey, Totton, and Southampton. The two practices have merged, and so the expertise of the Carers Legal Centre in this unusual but growing area of the law will

become available to the clientele of Footner and Ewing. Over the next two years Simon Whipple, the principal of the Cares Legal Centre, will pass on the benefits of his skills, knowledge and experience in Social Services law to a number of solicitors in Footner & Ewing LLP. This will ensure that in future if any person living in South Hampshire needs advice or representation in Social Services legal • L-R Tony Howorth and Simon issues, there will always be someone with the right skills and knowledge available to Whipple help. Services Law is becoming of increasing significance. Simon Whipple’s expertise will Anthony Howorth, Senior Partner of Footner and Ewing LLP, has said that he is be immensely valuable to our firm, and I am pleased that he is keen to pass on his very pleased that Footner & Ewing LLP will knowledge to his colleagues at Footner & now be able to offer a more comprehensive range of legal services to its clients. “Social Ewing LLP.”

Moore Blatch enters Top 100 law firms Local Southampton law firm, Moore Blatch has entered the top 100 law firms by revenue, as ranked by The Lawyer, after it grew by 7.1% to £24.3 million in 2017. In September, it also appointed a new managing partner who will become the youngest in the top 100. Moore Blatch, which employs over 300 staff across their offices in Southampton, Lymington, Richmond and the City of London, has grown both organically and through targeted acquisitions. In June this year it acquired Richmond law firm, Calvert Smith & Sutcliffe. Ed Whittington, managing partner, commented: “Moore Blatch invested heavily in its people, their working environment and technology to support them. In the summer we relocated 200

employees from central Southampton to new offices on the outskirts of the city. Staff numbers have increased by 25%, including a 15% increase in partners. We have also invested over £1 million in new technology. As a result, we are now a top 100 law firm, and one that has ambition and, more importantly, the ability to continue this growth for the benefit of our staff and their clients.”

Hampshire Legal


Happenings in Hampshire

Moore Blatch celebrates record year in Legal 500 rankings Moore Blatch, a top 100 law firm with offices in Southampton, Lymington, Richmond and the City of London, has been widely recognised in the UK’s leading guide to law firms, Legal 500, for 15 of its work areas and 40 of its solicitors. Each year Legal 500, which is regarded as the Who’s Who of the legal profession, independently assesses the UK’s law firms, recognising firms and individuals that are identified as leading experts and practitioners in their field. Moore Blatch, who was the first law firm to establish a major trauma service, saw the Clinical Negligence and Personal Injury claimant teams once again be awarded the tier 1 rankings, the highest ranking afforded by the publication. The Clinical Negligence team is headed by recommended, ‘outstanding lawyer and critical thinker’ Tim Spring. The expert team, which includes former NHS lawyers, is praised as ‘exemplary and dedicated’. Eight further lawyers from the team were recommended including Maya Sushila who was listed as a ‘next generation lawyer’. The personal injury team, who work in partnership with hospitals and rehabilitation experts to build specialist and expert care teams for clients, saw practice lead Damian Horan and major trauma expert Matthew Claxson both recommended. This year also sees two new practice areas awarded the top tier ranking: the private client - family team; and real estate – commercial property team. The private client – family team are described as a ‘top drawer’ family practice praised for its ‘good commercial acumen and eye for detail’. Debra Emery and Katy Barber have both been recommended, with Debra, who leads the team, described as ‘thorough and robust in her negotiations, whilst being pragmatic and collaborative in seeking solutions’, and Katy who ‘is a reliable and thoughtful adviser’. The real estate – commercial property team are described as ‘head and shoulders above the competition’ with six members of the team

recommended, including Luc Algar who was also listed as a ‘next generation lawyer’. Across the firm’s other private client services the personal tax, trusts and probate team was recommended and described as ‘excellent on all fronts’ with five members of the team recommended, alongside the agriculture and estates team with practice head and new managing partner Ed Whittington, and Philip Whitcomb both recommended. Individually, Carla Brown, who heads up the tax, trusts and probate team was listed in the elite ‘leading lawyers’ list – the Legal 500 2017 guide to outstanding lawyers nationwide. Other teams recognised include the corporate and commercial team who increased their ranking this year with four members of the team recommended; the dispute resolution – debt recovery team, with five lawyers recommended; and the finance - insolvency and corporate recovery team, with four recommended, including Lisa Saxby as a ‘next generation lawyer’. The employment team was once again recognised with Katherine Maxwell, who heads up the team and Naomi Greenwood, partner in the team, once again recommended. Further practice areas recommended this year include professional negligence; education; health; real estate – property litigation and IT and telecoms. Ed Whittington, managing partner at Moore Blatch, commented: “With four top-tier practice areas and 40 individuals recommended across the firm this year, including an elite ‘leading lawyer’ and three ‘next generation lawyers’, I’m incredibly proud of this year’s results, which reflects the high quality of work and commitment across the firm.”

MEET THE REGULATOR OF SPECIALIST CONVEYANCERS The Council for Licensed Conveyancers (CLC) was established in 1985 to foster competition and innovation in the conveyancing market. To find out more about how our experience as a specialist regulator of conveyancing and probate could help your legal business to thrive, why not visit the CLC Stand at LAW 2018 at Westminster Town Hall on the 13th and 14th March, and also at the Legalex event at London’s Excel on the 21st and 22nd March 2018.

Recognition for regional heavyweight, Dutton Gregory, in Legal 500 Dutton Gregory is celebrating after several of its departments and many of its leading individuals throughout Hampshire and Dorset were recognised in the Legal 500 Directory 2017.

• Denise Bull, Partner – Commercial Property Department


Hampshire Legal

The firm topped Tier 1 in the “employment law” category for Dorset, receiving recognition for pursuing matters “tenaciously” and “with complete commitment to its clients.” In addition the firm received high praise for its Personal Injury Department, with Jo Gatehouse being described as “professional, thorough, remarkably knowledgeable and thoughtful.” The firm’s Clinical Negligence department had several members of the team receiving individual plaudits with the department as a whole being described as “very efficient” providing a “very sensible and hands-on service.”

Dutton Gregory’s Commercial Property Department was also highly recommended for the service it provides to its clients, being “generally excellent in terms of responsiveness, support, professionalism and expertise.” Denise Bull, a Partner in the Commercial Property Department, who herself was described by the Legal 500 Directory as having “a pragmatic and practical view of how to get things done in a cost-effective manner” stated “I’m delighted that Dutton Gregory has been so highly thought of by its clients and the business community, which has resulted in the Legal 500 acknowledging that fact with our inclusion in their Directory this year.”

Happenings in Hampshire

Paris Smith secures further success in new Legal 500 rankings One of the leading legal services directories, Legal 500, has this month reinforced Paris Smith’s position as one of the leading law firms in the South, awarding the firm no fewer than 10 rankings in 'Tier 3' or above for its core services. The firm's Family department have again been recognised with an excellent 'Tier 1' ranking as "a very strong regional firm", with Frank Prior, Neil Davies, Rachel Osgood and Sarah Passemard all receiving the highest praise and Huw Miles being notably recognised as a leading individual in this field. The Employment team have again achieved a wonderful result, recognised as providing "a fantastic level of support and service" again receiving a ‘Tier 1’ ranking. Clive Dobbin, Peter Taylor and David Roath have all been recognised within the team, along with associate Claire Merritt for the first time this year. The Corporate Restructuring and Insolvency team are also celebrating after being recognised as having "excellent knowledge and a strong team", and increasing their ranking to 'Tier 2' this year. Mike Pavitt, Richard Atcherley, Clive Thomson and Shelley White were all praised within the team, whilst Phillip Baldwin was also newly recognised as a 'next generation lawyer'. The firm's Dispute Resolution department was also well recognised for its Commercial Litigation work, increasing their Legal 500 ranking to 'Tier 2'. Head of Department David Eminton and Cliff Morris were named, with Clive Thomson, Mike Pavitt and Shelley White all receiving additional recognition in this category. Paris Smith's Banking and Finance department has been described as having "extensive knowledge and deep experience within each of their areas of discipline". James McNeil, Jonathon Roy and Clare Lee were all recommended within their fields. The reputable Corporate and Commercial teams have been described as 'a major regional player for corporate and commercial work'. Head of Department Sean Davies, Jonathon Roy, Michael Moore, Crispin Dick and Richard Atcherley were all noted as key team members. The firm also received very pleasing rankings and feedback for its Real Estate work again this year. Rachel Saint and Tom Georgiou were both

• Peter Taylor, Managing Partner Paris Smith LLP praised for their work, Mark Howarth was again recognised as a 'leading individual' in the field and Joanne Spittles was newly recognised as a 'next generation lawyer'. Within the 'Technology, Media and Telecoms' category, the firm received two rankings in 'IT and Telecoms' and 'Intellectual Property'. Both Crispin Dick and Laura Trapnell were recognised within their fields, with Laura Trapnell being described as a "fierce litigator" and "no-nonsense negotiator". Rounding off the rankings, the firm also received strong rankings for its Tax and Estates, Planning and Licensing work. Peter Taylor, Managing Partner commented "As a firm we have a very clear sense of purpose, being to enable our clients to succeed through having a positive experience with legal excellence. The rankings in Legal 500 demonstrate the strength and depth of the expertise across the firm as well as the passion to deliver an excellent service and experience to our clients. All across the firm share a set of values and beliefs to ensure we continue to deliver value to our clients through the services we offer. I believe that the rankings and the feedback we receive from our clients reflects that cause."

POMPEY PEDALS in partnership with LARCOMES LLP 195 miles, 3 days, 6 sore legs & 3 sore bottoms for Pompey in the Community to raise funds for two new pedal wheelchair carriers. Three staff from Pompey in the Community the charitable foundation of Portsmouth FC, are looking to further support their fantastic disability & community cycling scheme thanks to the support of Larcomes Solicitors. The Pompey in the Community disability cycling programme, Wheels for All has this year allowed over 200 people with multiple needs and disabilities to get active, get fit and experience the thrill of cycling. With over 70 different bikes that are used on five days of the week, with hand cycles, tandems and specially adapted disability bikes ensuring that no matter what, there are no barriers for anyone to get on a bike and pedal. Due to the success of the programme they’ve now reached capacity, and no longer have

enough Wheelchair carrier bikes for the amount of wheelchair users who now use Wheels for All. Clare Martin at Pompey in Community said “We know this isn't fair and we want to give everyone the opportunity get on a bike no matter what”. To raise funds for two new wheelchair bikes Clare and her two colleagues have taken the ridiculous decision to cycle a wheelchair carrier from Derby to Pompey. Cycling 195 miles, on a bike that weighs more three times your average bike visiting, a few of our football league friends along the way, before making it back to Fratton Park to watch Pompey beat Milton Keynes. In doing so they want to raise £6,000 to buy two new Wheelchair Carrier's, and to do this, they need your help.

To support PITC, Clare and her team make cycling more accessible Please text “PITC60 £10” to 70070 to donate £10. For more information about the cycling fundraiser contact Matt York, Head of Community [projects at Pompey in the Community on: or 02392 77 6822. Local Solicitors Larcomes, who have been awarded previously Hampshire Law Society Small Law Firm of the Year for their community engagement and support of local charities, are delighted to be key sponsors of this disability ride. Community spirit is actively encouraged firmwide within the firm and clients always receive a friendly and personal service

Hampshire Legal


Happenings in Hampshire

Local solicitor warns changes to powers of attorney may leave older and vulnerable at risk

• Elizabeth Power, Paris Smith LLP

• Local solicitor, Elizabeth Power from Paris Smith LLP issues warning following FCA’s call to turn lasting powers of attorney (LPAs) fully digital • Proposals would remove the need for a physical ‘wet signature’ • Solicitors say this could lead to a drastic increase in cases of financial abuse

Local solicitor Elizabeth Power from Paris Smith LLP based in Southampton has joined fellow members of Solicitors for the Elderly in warning against proposals to turn the LPA registration process fully digital. An LPA is a powerful legal document that allows a person to appoint trusted individuals to make important decisions about their finances and property on their behalf. Under the current process, a ‘wet signature’ – the physical signing of the document – is required by individuals who wish to register an LPA. But in a paper released on Thursday, the Financial Conduct Authority (FCA) called for a fully digital system, whereby documents could be registered completely online. Elizabeth Power said: “We are extremely concerned by the FCA’s push for fully digital

powers of attorney. Although we welcome initiatives that make LPAs more accessible, the security of older and vulnerable people is paramount. Under the current system, the FCA’s vision of a secure, end-to-end digital LPA registration process is simply not possible. “Removing the requirement of a wet signature has the potential to put thousands of people at risk of fraud and financial abuse. An LPA requires the understanding and consent of the donor, but without the witnessing of a physical signature, what is to stop a family member or friend registering a document on someone else’s behalf, perhaps even without their knowledge? “LPAs are extremely powerful and complex documents, and the prospect of being able to take control of someone else’s bank account

and even their property with the few clicks of a button is frankly reckless.” Solicitors for the Elderly is an independent, national organisation of over 1,500 lawyers, such as solicitors, barristers, and chartered legal executives, who provide specialist legal advice for older and vulnerable people and their families. Last year, the organisation released a report raising concerns around the current online system for LPAs, which it claims already leaves older and vulnerable people open to abuse. LPAs are processed by the Office of the Public Guardian (OPG), a public body under the Ministry of Justice. The OPG has previously considered changing the LPA application process as part of a gradual move to take all its processes online.

Good luck Emma Jasper Vincent wish Emma Beckhurst well on her final day ready to start her maternity leave. The firm threw a baby shower for Baby Beckhurst on Emma’s last day (Friday 20 October 2017) and look forward to news of the arrival in the near future. We hope that Emma enjoys becoming a new Mum and that she will return to the firm at some point in 2018. Good Luck Emma, Dave and Baby Beckhurst – best wishes Jasper Vincent

New Faces Add To Dutton Gregory’s Impressive Growth In The South Regional heavyweight law firm, Dutton Gregory, has added two big names to its headcount in Hampshire. Based out of Chandler’s Ford, Andrew Witt has joined as a Partner in Commercial Litigation and Marianne Pieterse has joined as a Consultant in the Employment team. Andrew Witt prides himself in working with clients to resolve disputes in a practical and effective manner. Qualifying in 1993, Andrew has worked with regional firms such as Coffin Mew before moving to Wannops in Chichester to head up the Dispute Resolution team there. Marianne Pieterse joins the employment team having previously been a Partner in the Employment team at Blake Lapthorn (now Blake Morgan). She specialises in senior management issues and trade union disputes and joins Dutton Gregory at a great time – their employment team having just been recognised in the Legal 500 Directory in the top tier. Managing Partner, Andrew Tilley, stated “we are delighted to be welcoming such great names to Dutton Gregory and Marianne and Andrew’s arrival shows just how serious we are about continuing to provide our clients with the best people, offering the best services in all aspects of their lives.”


Hampshire Legal

Happenings in Hampshire

Trethowans reinforces its credentials with industry accolades Law firm Trethowans has reinforced its credentials as one of the best in the region, with a string of commendations in the latest edition of the Legal 500.

19 teams across the firm’s three offices in Southampton, Salisbury and Poole have been recognised for their outstanding work and Trethowans has been named as a Top Tier Firm in three practice areas. Assessors from the Legal 500 highlighted a range of key areas of expertise including corporate, employment, litigation, banking, family law and personal injury. In addition the firm has almost doubled its number of recommended individuals with 37 featured in this year’s edition, including a leading lawyer accolade for clinical negligence partner Clare Carter. Managing partner Chris Whiteley said he was thrilled with the rankings in the Legal 500 which independently assesses firms throughout the UK. “We are extremely proud of the high calibre of our staff and for so many teams and individuals to be recognised in the Legal 500 is testament to this talent and knowledge.”

• Trethowans' managing partner Chris Whiteley Trethowans Top Tier Rankings includes the commercial property team which has retained the top status for three years in a row. “These really are outstanding results,” said Chris. “They demonstrate our ability to maintain high levels of expertise in our corporate and commercial services through to our extensive private client work and it’s great news for our clients who are looking for the very best legal advice.”

Congratulations for qualifying Trainee Solicitor Celebrations are happening at Hampshire law firm Warner Goodman LLP as Trainee Solicitor, Hannah Rogers, qualifies after her two year Recognised Period of Training.

• Hannah Rogers.

Hannah joined the firm in June 2014 as a File Opener at the Fareham based Residential Conveyancing team, before being promoted to Conveyancing Assistant. She then began her path as a Trainee Solicitor with her first seat remaining in the Conveyancing team before spending time in the Portsmouth based Commercial Property team, Family team and finally in the Employment Litigation team in Southampton. Hannah qualifies this month and joins the Family team in Portsmouth as a Qualified Solicitor. As part of her role, she will be working with couples advising on matters such as divorce and separation, financial and children arrangements, cohabitation and pre-nuptial agreements. Speaking about her qualification, Hannah commented, “I’m delighted to be qualifying and be given the

opportunity to remain at Warner Goodman in the Family team. While I enjoyed all my seats during my time as a Trainee, seeing both sides of the legal world in terms of helping people in their personal and business lives, the Family team resonated with me; supporting families through some of the most emotional times in their life. I’m looking forward to developing my career with such an exciting and supportive firm.” Sam Miles, Family Partner, commented, “Hannah was a great asset to our team during her seat with us, and I’m thrilled she has now joined us as a Qualified Solicitor. She has an excellent mix of legal knowledge and empathy to be able to fit in well with the team and our clients, both existing and in the future. I’m sure we will see great things from Hannah and I’m looking forward to seeing her career progress.”

Regional law firm tops industry growth report

Regional law firm Trethowans has been named as the fastest-growing legal firm in the UK for firms with turnover up to £24m. Trethowans, which has offices in Southampton, Salisbury, Poole and Winchester, was listed number one in The Lawyer, the most detailed statistical analysis of UK firms ranked 101-200 by revenue. The report explores what has underpinned good results and reveals that Trethowans saw its revenue grow by 22.6 per cent last year, an increase partially attributed to the merger with Poole firm Dickinson Manser but also because of strong underlying growth. The accolade reinforces the firm’s ambitious growth plans following two years of impressive growth. Managing partner Chris Whiteley said he was delighted that the report recognises the success of the firm’s strategy to become a top 100 UK practice by 2020 with a turnover target of £20 million. “We have an extremely robust business and even if we discount the merger, our underlying growth was 14 per cent which has been achieved as a result of the hard work and commitment of every member of the firm,” he said.

• L-R : Trethowans partners Mark Daniels, Chris Whiteley, Kathryn Casey-Evans and Mike Watson “Our wider geographical reach and organic growth will be supplemented by prudent acquisitions and hiring lawyers with a strong client following or additional specialism. We have already invested in a new office in Winchester and a base in London.” Trethowans was one of just three firms in the report which produced turnover growth of 20 per cent or more last year.

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Happenings in Hampshire

Warner Goodman welcomes four new Trainees Offering opportunities to Trainee Solicitors has had an important role to play at Warner Goodman LLP for a number of years, and 2017 is no different as four new Trainees begin their Period of Recognised Training with the Hampshire law firm.

• L-R : Tebo Sebitlo, Danielle Chandler-Hesmondhalgh, Emilie Gas and Joe Taylor. Danielle Chandler-Hesmondhalgh joined the Personal Injury team as a Claims Handler in May 2015, and will remain with the team for her first seat of her Period of Recognised Training. She graduated from the University of Winchester in 2013, and in 2016 completed the Legal Practice Course at the University of Law in Guildford. Prior to this she was working for a law firm in Surrey as a Legal Assistant. Emilie Gas was born in Nîmes in the South of France, and in 2013 gained her degree in International and European Law at PanthéonSorbonne University in Paris, before earning her Graduate Diploma in Law at the University of Law in Guildford. In 2017, Emilie completed her Legal Practice Course and Masters at the same University. Emilie joined Warner Goodman in 2014, working with the Employment team based in Southampton. Following her time here, she then went on to various legal work experience placements before returning to the firm in 2016, spending six months as a Paralegal in the Portsmouth based Commercial Property team. Emilie joins the Peace of Mind team in Employment as her first seat as a Trainee Solicitor. Tebo Sebitlo joined the Fareham Residential Conveyancing team in October 2015, working as a File Opener/Administration Assistant. In February 2017, he was promoted to Conveyancing Assistant in the same team, and has now begun his Period of Recognised Training, with


date: venue: Time:

his first seat being in the Employment Litigation team based in Southampton. Prior to working at Warner Goodman, Tebo completed his LLB with Business Management Degree at Southampton Solent University in 2012 before also completing the Legal Practice Course at the University of Law in Guildford in 2015. Joe Taylor began his journey with Warner Goodman when he joined the Commercial Property team in Portsmouth as a Paralegal in April 2015, having previously worked in the Residential Property team of another local firm for nearly two years. He completed his Law degree at the University of Portsmouth in 2014, subsequently obtaining a distinction on the Legal Practice Course in 2016. Joe’s first seat as a Trainee Solicitor will be in the Private Client team based in Fareham. Dan Thompson, Trainee Partner with the firm, commented on the new Trainee Solicitors, “This is an exciting time for the firm, as it is the first time in history that we have had seven Trainee Solicitors. As well as these four, Chris Greep, Gina McCadden and Dan Coleman are half way through their two year period of training, and look forward to qualifying next September. Retention of our Trainee Solicitors is exceptional with a high number of our current Partners and Associates starting their career with us as Trainees.”


Tuesday 28 November 2017 Wessex Hotel, Winchester 5.00 followed by dinner at 7.30


The 2017 AGM and dinner will take place at the Wessex Hotel, Paternoster Row, Winchester on Tuesday 28 November The formalities of the evening will be followed by a short and lighthearted look at Insolvency from Quantuma our sponsors and a three course seasonal dinner. The after dinner speaker will be Professor David Gurnham, Deputy

Head of School at Southampton University. David will speak on "A life of crime" The booking form for dinner can be requested from Nicola Jennings by email or phone 023 8044 7022. There is no charge for the AGM. Dinner is £30.00 per head. Kindly sponsored by


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Happenings in Hampshire

Grant Usher:

Shortlisted for the LawNet Awards 2017: ‘Young Lawyer of the Year’

Verisona Law are proud to announce that our very own Grant Usher who joined the Corporate & Commercial team at Verisona Law in April 2017 has been shortlisted for the LawNet 2017 Young Lawyer of the Year. His professionalism, commitment to client care and strategic approach to business development has seen him at the centre of high profile business deals that have attracted national attention, trusted with some of the firm’s longest standing clients and be the subject of praise from clients, associates and managers alike. “I am delighted to have been shortlisted for the LawNet Young Lawyer of the Year award. Since joining Verisona Law, it has been a pleasure to work alongside Michael Dyer (Chairman) and Stephen Ryde-Weller (Head of Corporate & Commercial) on several high-profile transactions including the sale of Portsmouth Football Club to ex-Disney CEO Michael Eisner’s Tornante Group. I have had the opportunity to advise our clients across a range of niche sectors - be they marine, sports or charitable enterprises - in respect of internal reorganisations, Management Buy-Outs plus asset and share transactions put out to market for third party acquisition. The level of responsibility I have been afforded since my arrival has

• Grant Usher, Associate Solicitor, Verisona Law undoubtedly helped me grow and develop as a lawyer, which I trust has resulted in me providing a high quality of advice to our clients across the board. It is testament to the wider Corporate & Commercial team and, by extension, the firm as a whole that I have been shortlisted for this award.” Verisona Law’s Chairman, Michael Dyer adds: “In my experience it is very rare for a newly qualified solicitor to make the kind of impact and earn the level of respect that Grant has in such a short space of time since joining the team.” The presentation of the LawNet Awards 2017 ‘Young Lawyer of the Year’ will take place on 10th November during the conference dinner at Heythrop Park Resort, Oxfordshire. Approximately 200 delegates will attend including senior management from all LawNet firms and key business partners and sponsors. During the evening the award winners are announced and invited on stage to collect their trophy.

FOOTBALL (Winter 2017) 28th September 2017 – Solicitors v Accountants 6th October 2017 – Solicitors v Surveyors Two huge games, but who came out victorious?

Unfortunately not us! This year marked the inaugural accountants v solicitors 11-a-side and the continuance of a solicitors v surveyors game that has been going on for over a decade (we think!) It is one of the few times in the year when lawyers from across different firms put aside their differences and come together for the greater good… taking on other professionals at football! Across the two games, lawyers from 12 different firms took part and despite a lot of passion and energy we were unfortunately beaten in both games. There was definitely improvement in the second, but

tired legs and a lack of substitutes meant we weren’t able to win back the coveted solicitors v surveyors trophy. With this now the second year in which we have lost to the surveyors next year surely has be our year?! A special mention has to go to Chris Matthews from Churchers who, despite an obvious injury, battled his way through the entire game against the surveyors, allowing us to continue with 11 men. Thank you also to 3PB for sponsoring the surveyors game and to HILS for supporting the game against the accountants.

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Social Events






Lord Briggs – New “Online Court” Over 130 members attended the free talk and drinks reception on Monday 20 November at Southampton University. This event jointly hosted by HILS and the University and chaired by Russell Evans included a lecture and Q&A session and provided a fascinating insight into the civil courts structure review and the online court. The lecture was followed by a drinks reception kindly sponsored by College Chambers. Lord Briggs Sir Michael Briggs is the current Deputy Head of Civil Justice of England and Wales. He was called to the Bar at Lincoln’s Inn in 1978. He was Junior Counsel to the Crown Chancery from 1988 1994. He was appointed as a QC in 1994. From 1999 to 2000 he was chairman of the Bar Council’s Law Reform Committee. He was made a Bencher of Lincoln’s Inn in 2001.

Later in 2001 he was appointed as the Attorney General to the Duchy of Lancaster; a position he held until 2006. He was a High Court Chancery Judge from 2006-2013, a member of the Civil Procedure Rule Committee between 2006 and 2009 and the Vice Chancellor of the County of Palatine of Lancaster from 2012-2013. He was appointed as a Lord Justice of Appeal in April 2013. He was the Judge in charge of the Chancery Modernisation Review in 2013 and was the Personal Support Unit liaison judge until January 2016. In July 2015 he was commissioned by the Lord Chief Justice and Master of the Rolls to look at the Civil Court Structure in England and Wales and the final report was delivered in July 2016. In July it was announced that he had been appointed to the Supreme Court with effect from 2nd October 2017.

GPDR (The General Data Protection Regulation) Time is running out to prepare for what is being described as a major overhaul of the EU data protection regime. The General Data Protection Regulation (GDPR) will apply from the 25 May 2018, and you need to be ready. Hampshire Law Society is holding a breakfast meeting on this essential topic Date: Tuesday 12 December Time: 0800 for 0830 for breakfast until 1000 Venue: Trethowans, Hedge End, Southampton Speaker: Sarah Wheadon, Trethowans The talk will include an overview of the GDPR, including consent, direct marketing, privacy notices, the role of the Data Protection Officer, individuals’ rights, data breaches and supplier contracts Please register your interest with Nicola Jennings by email Cost – Members £10 Non members £20 We thank Trethowans for the use of their conference space

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HAMPSHIRE LAW SOCIETY – CPD events Family Law Financial

Residential Property Problems – and solutions

The speakers will be from 3PB who will cover the following:-

David Keighley was Head of Residential property at Herrington Carmichael..He has been described as “The best speaker I have ever heard” and is a contributing author for the Law Society Conveyancing Handbook.

• Tolata • Schedule 1 CA 1989

Review of Private Client

• Mills –v- Mills (due in the Supreme Court next year) • Owen –v- Owen (due in the Supreme Court next year).

• Coping with troublesome covenants • Problems with shared access • Key risk areas – searches, lenders' instructions, fraud • Contract formation – problem areas • Undertakings to discharge mortgages

Tuesday 30 January 2018

Tuesday 20 February 2017

Court of Protection

SDLT Update 2018

Professor Lesley King is Private Client Practice Head at the College of Law, Bloomsbury. She is co-author of Wills, Taxation and Administration: A Practical Guide and editor of the Probate Practitioners Handbook. She is the wills and probate columnist for the Law Society Gazette and writes and lectures extensively. • Guardianship of Missing Persons Act 2017 • Halsall & Others v Champion Consulting Ltd Details tba & Others (negligent tax advice) • Re Exler (conflict of interests in the administration of an estate) • The new trusts register • Dealing with interest and dividends • Investments held in an ISA wrapper • The IHT residence nil rate band and PRs (with checklist)

• Whether property is residential or mixed-use • The effect of planning permission • Surcharge anomalies • SDLT on development agreements • Getting the calculations right

Tuesday 27 February 2018

March 2018

Wednesday 25 April 2018

Criminal Law Update

Civil Litigation Update

Employment Law Update

Details tba

The speakers will be Barnaby Large and Edward Hurley from No 18

Gary Self has been described in the Legal 500 as being "Highly technical and commercial with excellent advocacy skills" and "very good, one of the best on the Western Circuit for employment" and further by Chambers UK 2014 as ‘ a leader in the field’ of Employment matters.

April 2018

Tuesday 8 May 2018

Tuesday 15 May 2018

Conveyancing Update

Family Law Update

Property lecture

DJ Simmonds iformer solicitor and member of the children panel - appointed as a DJ in 2010 as a DJ of the principal registry of the family division and transferred to the western circuit in November 2015. At the PRFD he undertook all forms of family work to include complex children and money.

Edward Denehan is yet again recommended by Chambers and Partners (2015 Ed.) for Real Estate Litigation. “He is a very robust advocate, who has a good way of speaking in layman’s terms and is able to get his message across.” “He is pretty impressive when he is on his feet.”

Richard Snape is a consultant with Davitt Jones Bould. He is a renowned speaker on all aspects of Real Estate Law and he lectures nationwide to a wide audience including local law societies, solicitors firms, local authorities and government departments. As a specialist speaker to property lawyers and property professionals, Richard has a reputation for delivering practical advice in an entertaining and engaging way. Conveyancing continues to undergo major changes and the course will aim to look at the most important changes and their effect on the conveyancer. Tuesday 5 June 2018


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• Money and private law update • Vulnerable witnesses • PD12J – the amendments • Schedule 1 • Anything else topical at the time

Tuesday 26 June 2018

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 SDLT UPDATE 2018 This SDLT update will cover any changes in the 2018 Budget, and touch on the new Land Transaction Tax in Wales due to come into force in April 2018. The main subject will, however, be SDLT problem areas, illustrated by actual cases. Issues will include:

He is also recommended for Property Litigation in the Legal 500 and has been for many years. The 2014 Edition describes him as having ‘An impressive understanding of restrictive covenants affecting land.’

Tuesday 17 July 2018


HAMPSHIRE LAW SOCIETY – CPD events Unless otherwise notified all lectures take place at the Holiday Inn, Leigh Rd, Eastleigh SO50 9PG from 13.45 – 16.45. There is free parking at the venue. The programme will be regularly updated once additional information received distributed via email and in the quarterly magazine. You can find more detail on each lecture on our website 1.5 hour lecture - £40.00 (Non Member £55.00)

3 hour lecture - £75.00 (Non Member £115)

Members can take advantage of our CPD Smart Scheme Book multiple places and receive greater discounts Book a total of 10 places and save a total of £150.00 against the individual booking fee Total no of places booked


Discount %







10 - 19



20 - 30






Terms and conditions • All applications will receive a written confirmation of booking • Payment is required with the registration form. No places can be reserved without payment • Booking is subject to availability of places • Delegates may be substituted at any time with an appropriate additional payment for any non-members • Venues are checked for accessibility • HILS accepts no responsibility for the views or opinions as expressed by the speakers, chairman or any other persons at the event • HILS reserves the right to alter the venue, programme and the speakers at any time • Smart scheme is applicable to both individual and company bookings who are members of HILS • The smart scheme rate only applies at the time of booking and is not retrospective • Claiming the discounted rate remains the responsibility of the claimant however HILS will try to ensure that you are charged the appropriate fee once the required level of booking has been reached

Hampshire Law Society

The Hampshire Incorporated Law Society: From the Administrator Nicola Jennings, 92 Chessel Crescent, Britterne, Southampton, Hampshire SO19 4BS Tel & Fax 02380 447022 I I


NAME: ....................................................................................................................................................................... FIRM: ......................................................................................................................................................................... ADDRESS:................................................................................................................................................................. ................................................................................................................................................................................... .....................................................................................................POST CODE:......................................................... DX NUMBER:................................................................EMAIL:................................................................................. NO. OF PLACES



I am a Member of Hampshire Law Society Yes/ No I enclose a cheque for £…………… made payable to Hampshire Incorporated Law Society or pay via by BACS to Barclays Bank, Sort Code: 20-97-01, Account No. 63150402 (please ref with lecture name and surname)


Hampshire Incorporated Law Society 92 Chessel Crescent, Britterne, Southampton, Hampshire SO19 4BS DX 52766 Bitterne Tel & Fax 02380 447022

92 Chessel Crescent, Britterne, Southampton, Hampshire SO19 4BS Company Limited by Guarantee Registered in England No 55167

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Junior Lawyers Division

An Introduction to the Junior Lawyers Division

What is the Junior Lawyers Division (JLD)? The JLD is a division of the Law Society dedicated to meeting the needs of all LPC students, LPC graduates (including those working as paralegals), trainee solicitors, and solicitors with up to five years post qualification experience. The JLD provides members with an opportunity to network and, importantly, to connect with other junior lawyers, discuss issues that concern them and benefit from training and advice provided at conferences and meetings. What is the South Hampshire Junior Lawyers Division (SHJLD)? The SHJLD forms part of the JLD and is run by a committee of local junior lawyers. We organise regular local social events, networking events, and careers and development talks. We also offer many

opportunities for junior lawyers to interact with professionals from non-legal organisations to develop those all important networking skills and to forge business relationships. We have recently started our new membership year for 2017/2018 and have already signed up over 100 members from across Hampshire. If you are interested in joining, please contact for more details. To be regularly informed of upcoming events and participate in discussions with other members, please join our LinkedIn group by searching ‘SHJLD’, follow us on our Twitter page @theSHJLD and join our Facebook Group.

SHJLD Committee for 2017/2018 President: James Kitching

Vice- President: Charlotte Allery

Secretary: Emily Steel

Events and Social Representative: Rebecca Munday

Events and Social Representative: Claire Hook

Sponsorship Representative: Amy Oke

Media and Communications Representative: Yasmin Curry

National JLD and HILS Representative: Victoria Whelan

Solent Business Ball Representative: Pascale Devlin

SHJLD Calendar: 2017 – 2018 DATE


Thursday 16 November 2017

Speed Networking at Stein Garten

Tuesday 12 December 2017

Charity Christmas Quiz - No. 4 in support of the South West Legal Trust –

May 2018


September 2018

End of Year Party


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Why you should take legal advice when setting up Lasting Powers of Attorney

There can be no denying that a Lasting Power of Attorney (LPA) can be an extremely useful document. A Lasting Power of Attorney is a legal document which allows you to appoint people that you trust to make important decisions on your behalf if you become mentally or physically incapable of doing so for yourself. It is possible to create an LPA without the help of a solicitor. However, Denzil Lush, a retired senior Court of Protection judge, has recently highlighted some problem areas which strengthen the argument that it is preferable to have your LPAs drawn up by a solicitor. In an interview on BBC Radio 4, Denzil Lush warned of the lack of safeguards within the present LPA system. Mr Lush said that he would not personally set up an LPA and he would rather have a Deputy appointed for him via the Court of Protection. However, a Deputyship application can only be made once and if someone lacks capacity and of course at that point the person concerned is not able to decide who should act on their behalf. At least with a Lasting Power of Attorney the person in question decides who should make important decisions for them if and when the need arises. A Lasting Power of Attorney is also generally cheaper in the long run and much quicker than a deputyship application. The Ministry of Justice amended the forms this year, so as to make it simpler for people to set up LPA’s, but the changes were regarded by many as risky. It is now even easier for people (or their relatives, friends or carers) to set up LPAs without any legal involvement and so sadly this means that there is an increased risk of abuse/wrongdoing by those who are supposed to be looking after their loved ones. Of course, it is only the shocking cases which make the news. In reality many many families have Lasting Powers of Attorney arrangements in place and these arrangements work well and as intended. Often it is the experience of how difficult it can be to help someone who lacks capacity without an LPA in place that prompts people to get their own LPA’s in place. Having a lawyer involved means that an independent third party is

keeping an eye on what is going on. As part of the process of setting up an LPA it is necessary for someone (known as the ‘Certificate Provider’) to sign the form to say that in their opinion the person understands what they are doing and are doing it of their own free will. Unfortunately there is presently no requirement that this person should be a professional. Anybody can sign the form (such as a neighbour or friend); provided that they can say that they have known the person for more than two years and are not related to or connected with the donor or attorneys. If you instruct a solicitor to prepare your Lasting Powers of Attorney, then they will act as your certificate provider as part of the process. This provides an opportunity for someone independent to meet all the relevant parties and for them to assess the situation and the person’s capacity. This can prove to be invaluable particularly, if someone is vulnerable and open to abuse. Of course, there are many other reasons why you should ask a solicitor to draw up your LPA and here is a non-exhaustive list: • They are familiar with the forms and process and can ensure that the document is drafted correctly, so as not to be rejected by the Office of the Public Guardian; • They can advise you as to how/when the LPA can be used and can explain the obligations and duties of your attorneys; • They can draft and include any additional clauses which should be mentioned in the LPA so as to ensure that your wishes are carried out; and •They can give advice concerning who to appoint as attorneys and how to appoint them so as to avoid the LPA becoming unusable if some of the attorneys die or are no longer willing to act.

Autumn Update from Independent Financial Solutions Market Update As we come to the close of the third quarter of 2017, the UK equity market has experienced a volatile period with a surprise General Election on 8th June and Theresa May failing to win a parliamentary majority for the Conservative Party. Economic data has provided mixed signals of growth in the economy. We now see that Brexit negotiations are underway with pressure on the Government to deliver results. Equity performance was mixed at both a country and sector level with Emerging Markets and Asia enjoying an increase during the period. Global equity markets have been at near all-time highs over the period and the appetite for risk has remained robust across asset classes. In Europe, equity markets have largely been unchanged in July and unemployment has continued to reduce (currently 9.1%). Investment Proposition At Independent Financial Solutions, we established a core investment proposition which is referred to as the Sentinel Fund range and has been offered to our clients since May 2008. The Sentinel Fund range consists of five individually managed funds and the overall strategy is overseen by Margetts Fund Management Limited (which has been appointed as the Authorised Corporate Director). Each fund is actively managed by external industry renowned investment managers. Our in-house expert financial advisers together with Margetts Fund Management Limited, form part of the Investment Committee which meets on a regular basis to review the ongoing performance of the funds and make strategic decisions on the portfolio.

The aim of the Sentinel Funds is to deliver a level of service and management usually reserved for the wealthiest of investors, to all investors. The strategy can be accessed by a range of financial products and can provide a solution to private investors, corporate entities and trustees. We provide an annual review service to investors, which is important to ensure that their portfolios continue to be monitored in accordance with their ongoing requirements. This is increasingly important for trustees when needing to demonstrate they are meeting their responsibilities. The Sentinel fund has recently enjoyed recognition within the industry, I am pleased to report that the Sentinel Universal fund (with its five star defacto rating), has demonstrated an impressive performance track record and has recently achieved a Number 2 ranking in The Consistent 50. If you should wish to contact one of our expert in house independent financial advisers for further details relating to the Sentinel fund range or any other areas of financial advice, please feel free to contact us on 01243 432430. As this document contains information relating to investments, you should be aware that returns cannot be guaranteed and the value of any investment can go down as well as up. Article by Lucy Taylor, Financial Adviser, Independent Financial Solutions

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RELATIONSHIP MANAGER'S REPORT, SEPTEMBER 2017 As the summer draws to a close and the memories of sunshine, beaches and long warm evenings become a distant memory, I would like to remind you of some important developments for the profession which came to light over the holidays.

SRA Handbook Consultation Following the Solicitors Regulation Authority’s (SRA) consultations last summer, which considered proposals for the Code of Conduct and Accounts Rules, the regulator announced a series of decisions in June. Despite strong opposition from the Law Society, backed up by a substantial body of evidence, the SRA decided to go ahead with most of its original proposals, including: • Removal of restrictions on solicitors delivering non-reserved services to the public from unregulated entities • A new reduced set of six principles • A new shorter Code of Conduct for Solicitors • A new shorter Code of Conduct for Firms In order to provide you with information about the changes and assist you in considering the implications, we have drafted a briefing which is available on our website. As these are fundamental changes, I would urge you all to review the briefing to ensure that you are as fully informed as possible. The SRA plans to issue a further consultation on the rest of the Handbook proposals, including new authorisation and practice requirements and enforcement strategy in the autumn. The regulator has also confirmed that they are committed to implementing all changes at the same time, and do not anticipate introducing the new requirements before autumn 2018. We will keep you abreast of further developments as soon as we have any more information. Fixed Recoverable Costs At the end of July, we heard from Lord Justice Jackson in relation to his review of the Fixed Recoverable Costs regime. Following the review, he recommended that fixed recoverable costs should apply to claims valued up to £25,000 (rather than


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the £250,000 figure originally considered), with a further fixed recoverable costs regime for some cases of modest complexity up to £100,000. This is a significant scale back to the original proposals, boosting the principle of justice and delivering fairness for all. The Law Society does not oppose fixed recoverable costs in principle. For genuinely low value and straightforward claims, fixed costs can offer some assurance for both sides in litigation and they avoid protracted disputes about the level of costs. However, we still have reservations that introducing fixed recoverable costs without robust empirical evidence will negatively affect access to justice, if the impact of these proposals is not carefully assessed. We are keen to engage with our members to understand their views and concerns in this area. Please feel free to contact me with comments in relation to Fixed Recoverable Costs or any other areas of interest with regards to your professional practice. Bhavni Fowler Relationship Manager – London, South East & East The Law Society Email: Tel - 07773 254 543 @LSGreaterLondon @LawSocSouthEast


Why is judicial review of executive action so important? Public bodies are given many legal powers and duties which enable them to govern the country. These powers and duties are given to public bodies by Acts of Parliament although some are given by the royal prerogative. The legality of the use of these powers can be challenged by the process known as judicial review. Challenge. Decisions of public bodies can be challenged by way of judicial review and may be quashed as ultra vires (beyond its powers). In Council of the Civil Service Union v Minister for the Civil Service [1985] AC 374) the House of Lords held that a public bodyâ&#x20AC;&#x2122;s decision may only be quashed if it abused its power (illegality), or if it failed to observe the basic rules of natural justice or it failed to act with procedural fairness (procedural impropriety), or if the public bodyâ&#x20AC;&#x2122;s decision was so irrational or perverse that no reasonable body could have made it (unreasonableness or irrationality). These are the common law grounds of judicial review of administrative action. To these must be added proportionality which is the appropriate standard of review for human rights and EU law. In each case where a ground (or grounds) is made out, the public bodyâ&#x20AC;&#x2122;s decision will be void from the beginning i.e. as if the decision had never been taken. Inherent jurisdiction. When determining whether governmental action is legal and valid the Administrative Court is exercising what is known as an inherent jurisdiction i.e. it derives from the common law which has developed over centuries and not from statute. The judges are very quick to resist any attempts to curtail this jurisdiction because it gives effect to the underlying values of judicial review that is the rule of law and the separation of powers. Last option. Judicial review is the last option to choose. If there is another way of challenging the exercise of governmental power, such as statutory right of appeal then it should be used. Judicial review is discretionary as permission for a judicial review can be refused as can sought remedies. The Administrative Court has the jurisdiction to intervene to consider whether a public body has the power to make a decision but also whether a public body abused its discretion. The court has the jurisdiction to hold that a purported decision is a nullity see Anisminic v FCC (No 2) [1969] 2 AC 147 (HL).

it was a lawful decision. If the claimant considers that a public body has made the wrong decision but the Administrative court finds that the public body acted within its powers (intra vires) the application for judicial review will be refused because findings of fact are a question for the public body not the court. Thus the jurisdiction of the court is supervisory and not appellate. The difference between supervision and appeal is important because it acknowledges that Parliament decides who makes governmental decisions and not the courts. The separation of powers is thus observed. In R (AC) v Berkshire West Primary Care Trust [2011] EWCA Civ 247 the claimant was a male to female transsexual who was dissatisfied the treatment given to stimulate breast growth, so she applied to the Trust for a breast augmentation. The Trust had a policy not to fund male to female augmentation as it considered augmentation did not improve psychological condition of such patients. The claimant had not shown any exceptional circumstances to justify funding the augmentation and so was refused it. The claimant sought judicial review of that decision. The Court of Appeal held the Trust was entitled to take the decision as to the effectiveness of a proposed treatment. The Trust was required by statute to consider the views of treating consultants who recommended the augmentation but was entitled to reach its own view as to what treatments would be funded as part of NHS care. It was a decision on the merits of the treatment and was intra vires and lawful. If the court had substituted a decision to allow for the augmentation that would be an abuse of its constitutional role because it would amount to an appeal under the guise of judicial review. Parliament had entrusted the treatment decision to the Trust not the court and if the court took the decision it would undermine the sovereignty of Parliament and the separation of powers. The courts would be straying into the area of public policy which is a matter for those who have governmental power i.e. the executive. A longer version of this article and a second article on judicial review are available on the HILS website.

Supervision not appeal. These principles of English public law do not permit the Administrative Court to substitute its discretion for that of the public body .Judicial review looks at legality, not merits-it cannot provide the applicant with a substitute decision. The court will not review a decision in order to determine whether or not it was the right decision to make-that would be a review on the merits. The court will only review a decision so as to determine whether

By Simon Parsons, HILS Member.

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Spotlight on

25 Years in the Property Market Chris Green, Managing Director of PSG’s South Coast regional office, reflects on 25 years of being involved in the local property market. 25 years in the property industry is a good achievement, where did it start for you? I left college without any defined career plans and kind of fell into estate agency. This was back in the day when we would go out and take instructions and photographs using a ‘proper’ camera and we’d have to send the film off to be developed. These photos would be carefully stuck on the sales particulars or photocopied from a master held in the file and sent by post to the prospective purchaser. Obviously, this was before the rise of property marketing on the internet and email which I guess are a little taken for granted today as are digital cameras, extendable tripods, drones, video tours and 3D floorplans. The online services of today provide buyers with so much more information than was available 25 years ago but I’d like to think that I learnt to sell houses with the basic tools and by picking up the phone to talk to people. How did you get involved in Conveyancing searches? I remained in estate agency for 13 years working in various towns in Hampshire and Sussex but in 2005 I decided to take on a fresh challenge. My new appointment was as an Account Manager selling conveyancing services and the ill-fated Home Information Packs through panel management experts LMS (Legal Marketing Services). Through my relationships with local estate agents I was put in contact with the owner of a regional PSG office who was looking for someone to manage his clients and build the HIPs business. I joined PSG in 2008 and I must confess, I didn’t know much about conveyancing searches at the time, only that they were an integral part of the HIP. When the Government scrapped them in 2010 my attention quickly diverted to our Solicitor clients. What do you think sets PSG apart from your competition? I am lucky to have an excellent team. Our focus on customer service and attention to detail in everything we do it means that we have continued to grow our business and remain a leading force in the South Coast property market. The very best technology has also played a big part. PSG Connect, our online search ordering platform, provides our customers with a simple, efficient means of obtaining the reports they require. With integrated Legal Indemnities and Anti Money Laundering products, PSG provides a one-stop solution for all conveyancing matters. However, I was recently reminded by a new client that technology is a wonderful thing but you can’t beat good old-fashioned customer service and a friendly voice at the end of the phone.


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What can we expect to see from PSG in the future? PSG’s recent merger with PIE (Property Information Exchange Ltd) means that we have a wealth of combined knowledge and expertise in the industry. I am certainly excited about what this new chapter has in store for us with many IT enhancements and new products and services in development. So much has changed during my career and I wonder what technological advances we will see in the next 25 years? But whatever they may be, there will still be a need for real people to support us all and make our businesses a success. Chris manages PSG’s South Coast office supporting conveyancing practices in the coastal towns from Brighton through to the New Forest. To find out more about the services provided by Chris and his team please contact Chris on 0845 1212 355, email or visit


Why “cut-off” matters in drug testing Imagine standing up in court where you’re about to learn whether or not you’ll gain custody of your children. This is a reality for many parents and often hinges on the results of a drug test.


he fact is, cut-offs play an important role in determining whether or not someone has been using drugs, which can have a major impact on the decision of a family court. That’s why we’ve outlined in plain English what exactly cut-offs are and how they’re used in interpreting the results of a drug test. What is a drug cut-off? A cut-off is a value which the results obtained in the hair drug test are compared against. Where drug levels are above the cut-off, the result is considered as “positive” or “detected”. Where drug levels are below the cut-off, the result is considered as “negative” or “undetected”. Typically, there are two types of drug cut-offs: the analytical cut-off and the user cut-off. The analytical cut-off is based on the limit of the testing method/ technique used to test the hair sample. Essentially, where a positive result gives a reading significantly above the limit of the method/ technique. On the other hand, the user cut-off indicates whether an individual has used drugs within the period covered by the sample and helps to exclude the detection of drugs from environmental contamination. For example, an individual may not have directly smoked any cannabis but was in a car with people who were smoking cannabis. Why do cut-offs matter? Cut-offs matter as not all positive test results mean a donor is currently using drugs. For example, the donor might have taken drugs a few months prior to the time frame of detection a hair test was used to assess. In this case, drugs would most likely be detected in the sample, but the result would be below the analytical cut-off as drug use was clearly in the past. User cut-offs are important as they safeguard donors from “false positives”. The user cut-off makes it clear that even though drugs are

present, the donor hasn’t actually been using drugs within the period covered by the sample tested and has merely been exposed to drugs in their environment. In both cases, cut-offs can protect a donor from a potential miscarriage of justice in a family court. The factors that can affect a cut-off Not all drug tests use the same cut-off values. In fact, the cut-off used in a drug test can be affected by: • The type of drug under assessment – eg in hair samples, the cut-off for cocaine is higher than the cut-off for the metabolite of THC (the main component of cannabis) • The type of sample – eg the cut-offs for hair samples are much lower than for urine samples • The method of analysis used – eg immunoassay testing (initial testing) versus chromatographic methods (follow-up confirmation testing) • The drug testing laboratory – eg different labs may use different procedures and equipment (accredited labs are your best bet for an accurate and reliable result). Overall, analytical and user cut-offs can indicate whether a donor truly has been taking drugs or has simply been exposed to drugs in their environment or used drugs prior to the period covered by the hair sample. This distinction can have a significant impact on the decision of a family court, so cut-offs must be considered carefully when interpreting results for drug use.

John Wicks Cansford Laboratories, Cardiff

Th hree days can sa ave a lifetime off hurt Critic cal decisions require the best b evidence, quickly! We provid de competitively priced UKAS-accredited hair test re esults within 3 days of receipt of the sample in our lab. Establish a clear pattern of drug or alcohol misuse sp panning the last 6 -12 months: • Which drugs d or what level of alcohol has been used and when? • What is the pattern of misuse – is it risin ng or falling? • Has drug ug use changed anged in the past weeks or mo onths?

tel: +44 (0 (0) 0) 29 2054 0567 ema ail: info visiit: cans Hampshire Legal



When you’re gone... More people are realising the importance of making provisions for when they pass away, especially when it comes to taking care of their pets. Many dog owners worry about what might happen if they were to pass away, leaving their beloved four-legged friend behind without an owner. Thankfully, Dogs Trust offer a fantastic free service that aims to give owners peace of mind, knowing that their dog will be loved and cared for should anything happen to them, and helps to ease the minds of friends and family during what is already a distressing time. Amy, a 14-year-old Collie cross, found herself alone when her owner sadly died and the next of kin couldn’t care for her. Because Amy had been registered on the Canine Care Card, a family member was able to hand her over to the care of Dogs Trust Kenilworth. Amy had lived with her owner since she was a puppy and was understandably missing her home comforts, so was placed into temporary foster care before finding a loving new owner, 85-year-old Graham Buckingham from Brinklow, who says: “I’m so lucky to have her in my life and I’m glad that I’ve given her a second chance.” Becoming a Canine Care Card holder is easy. Owners simply complete a registration form and return it to Dogs Trust, who issue them with a wallet-sized card which acts in a similar way to an organ donor card and notifies people of their wishes for their dogs, should anything happen to them.


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We will arrange to bring their dog to our nearest rehoming centre, where they will be examined by our expert vet and cared for by our dedicated, trained staff. We will endeavour to find their dog a new owner whose lifestyle and experience match their needs, but if for any reason they cannot be rehomed, rest assured Dogs Trust never puts down a healthy dog, so we will look after them for the rest of their lives.


The Royal Surrey County Hospital Charitable Funds The Vision Our long term vision at the Royal Surrey County Hospital is to transform the health services in Surrey with the aim of creating a nationally and internationally recognised centre of clinical and academic excellence. How will this be achieved? This can only be achieved by working closely with other healthcare providers in the region and will help us to achieve the following: • Specialist care closer to home • Integration of care, teaching and research • Becoming one of the top cancer centres in the UK We wish to make certain that our services and care are enhanced in ways that are impossible to realise through traditional NHS funding alone and that is why we cannot do this without your help.

One of the best decisions you could make Once you have provided for your family and friends please consider remembering the Royal Surrey County Hospital in your will. This will help us to ensure we are able to offer the best possible patient care and medical treatment for generations to come.

Some great reasons to make a will • •

Family, friends and the cause you believe in will all benefit. It will ensure your wishes are known and your intentions are carried out after death.

• •

Being clear and precise, it will save your loved ones from unnecessary anxiety. It could reduce inheritance tax – your solicitor can advise on current tax legislation.

The next step Writing a will is relatively straight forward. However, it is always advisable to seek professional advice which can take you through the process and make sure everything is in order. If you decide to leave a legacy to the hospital please show your will writing professional our preferred wording.

Two ways to give 1

Pecuniary gift – you can choose to give a gift of a fixed amount of money 2 Residuary gift – you can choose to leave a share, or the whole, of what is left in your estate once you have provided for your loved ones. If you would like to speak to someone in confidence please call the Fundraising Department at the Royal Surrey County Hospital on 01483 464146 or email ■

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Anti-Money Laundering

Anti-Money Laundering: What’s changed and what this means for UK conveyancers The European Union’s Fourth Anti-Money Laundering Directive was implemented into UK law on June 26th. As a result there are changes to how law firms must conduct customer due diligence and an increased focus on the need to incorporate ongoing and documented risk assessment. What’s the risk? There are regulatory and legal / criminal penalties in place for non-compliance. This includes fines of up to £1 million and prison sentences from two to seven years.

What’s changed? 1. Customer due diligence and risk assessment Under the new legislation the choice regarding level of due diligence is more limited. There is no longer any automatic exemption from enhanced due diligence. A decision to apply simplified due diligence needs to be evidenced by a documented risk assessment. In simple terms, this means that all conveyancing clients must be risk-assessed, regardless of country of origin, services purchased or delivery channels. Moreover, the risk assessment now needs to include Politically Exposed Persons (PEPs) and Financial Sanctions screening. 2. Ongoing record-keeping and transparency Risk assessments must be kept and made available to regulators. This is worth noting as it is the first time that firms are explicitly being told to document and file risks in this way.

How an electronic AML search can help An AML search facilitates risk assessment by combining all processes and records in one automated system. It enables firms to search for adverse information on a client more thoroughly than they would be able to do manually, and it ensures that compliance procedures are adopted firm-wide.

A typical AML search offers: Automated risk assessment

This includes automated screening of Sanctions, PEPs and alert lists and multiple confirmation of identity, address and birth.

Choice of due diligence level

Users can opt for either simplified or enhanced due diligence. Simplified due diligence is typically for “low risk” transactions whereas enhanced due diligence is for “medium or high risk work”. Opting for enhanced due diligence ensures the most comprehensive range of electronic data (including positive and negative verification) is used to confirm the client’s identity, date of birth and address.

On-going compliance

The system continues to monitor risk-assessed clients, alerting you if documentation or data may affect the result of the original assessment.

Automated record keeping

An AML search also automates record-keeping and audit. Users have the option to add, certify and manage customer documents within the due diligence record.

Geodesys offers an AML search at a cost of £6 (inc VAT) for enhanced due diligence. The search is not restricted to conveyancing transactions, but offers valuable due diligence cover in dealings where there is any risk of money laundering, identity theft, fraud or mis-representation, for example, in probate cases. For more information please see our frequently-asked questions on AML for conveyancers at

Susan Fairbrass Geodesys Land and property information


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Conveyancing searches?

Geodesys. All you need to know. For the past 20 years, Geodesys has provided a wide range of conveyancing searches and reports to clients nationwide. Our dedicated team continue to offer our unique service, drawing on their extensive expertise and knowledge to meet all your needs while responding to evolving market requirements. The result? Wherever you are in the UK, the indispensable peace of mind offered by Geodesys together with our unique insight and unparalleled customer service are at your disposal.

Celebrating 20 years of excellence. For information call 0800 085 8050 or email



EXPERTS... KEY FACTS Eastleigh College is the 3rd largest college provider of Apprenticeships in the country, based on funding.

KEY FACTS Highest student satisfaction score in the Solent.

KEY FACTS 71% of apprentices stay with the same employer after completing their training.

Are you looking for an established Apprenticeship provider with experience servicing over 4,000 employers nationally? Then why not talk to Eastleigh College; your Apprenticeship Experts!

within your business, from roles in HR and finance through to industry-specific training opportunities, all of which can be tailored to best suit your business.

The College is the third largest college provider of Apprenticeships in the country, based on funding, and currently works with over 4,000 employers. The College’s Apprenticeship Experts team can offer a package of training benefitting all areas

The Apprenticeship Experts have extensive experience working with employers in the legal sector delivering training in response to employer needs, and in recent years developed a strong partnership with local law firm Blake Morgan. Siobhan Clarke, Graduate and Development Officer at Blake Morgan describes what it’s like to work with the College, “We love working with Eastleigh College and have a fantastic partnership with them, allowing us to consistently deliver high quality training. Through the College's extensive partner network, we can deliver training through local providers, but with the College as our single point of contact, adds real convenience on our part.” Since working with the Apprenticeship Experts at the College, Blake Morgan has been announced as the Number 1 Employer for Apprenticeship Training by specialist recruitment service The Job Crowd. The award highlights the first-class training Blake Morgan and Eastleigh College provides through their Apprenticeship schemes.

...IS ABOUT TO TAKE A SEAT DON’T DISCOUNT TOMORROW’S LEADERS Apprenticeships now offer more than ever before, with opportunities to train from entry level to undergraduate degree. As an employer, this is your chance to attract influential new recruits of any age, and invest in their knowledge and ambition.


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Building on the success of its workings with over 4,000 employers, Eastleigh College is looking to launch a new Apprenticeship, in partnership with Blake Morgan and Warner Goodman in response to the growing needs of the industry. The Advanced Apprenticeship in Paralegal would enable current staff to develop existing skills, and is an opportunity to train energetic new recruits who could progress through your business. Apprentices would develop an understanding of the legal system, court hierarchy and disputes, and enhance skills in case management and client care. If you would like any further information, or to find out more about the range of training opportunities, please visit, where you can also read testimonials from some of our current employers. Alternatively please call us on 023 8091 1195 or email


The Association of Probate Researchers continues to grow The Association of Probate Researchers (APR), a regulatory body for the genealogy and probate research industry, is pleased to announce that it now comprises three of the biggest probate research firms in the UK: Fraser and Fraser, Treethorpe and Anglia Research. Treethorpe is a genealogy firm whose company values of professionalism, integrity and client focus are in perfect alignment with APR. Michelle Aldous, Head of Operations & General Manager of Treethorpe, commented that “the formation of the APR is an incredible step forward for our industry, and one that provides the opportunity for our team here at Treethorpe to demonstrate their capabilities and experience, whilst importantly, provide our current and future clients with reassurance that they are engaging a reputable firm, and a safeguard should mistakes be made.” Formed in 1979, Anglia Research has provided genealogy services for over 30 years and has established itself as one of the industry’s top firms. The company’s Managing Director, Peter Turvey, said: “The APR is the first and only body to introduce independent regulation to a previously unregulated industry, and we are pleased to have been pivotal in securing a robust constitution for this new organisation.” Treethorpe and Anglia Research join founding member Fraser and Fraser, a firm with over 90 years of experience, who have built a network of European offices and developed partnerships and working relationships with leading genealogists around the world. In her capacity as APR Membership Secretary, Dunni Dickie-Johnson said: “with the continuing high rate of intestacy deaths coupled with the rise of unprofessional and criminal interest in the field of probate research, industry regulation is needed now more than ever before. It is both exciting and

encouraging to welcome as APR Corporate Members, Treethorpe and Anglia Research, two of the industry’s largest and most reputable firms, joining founding member Fraser and Fraser. I am confident that, collectively, we can raise standards across the industry for the benefit of both Solicitors and beneficiaries”. The APR was established as a voluntary, self-regulatory body which aims to bring regulation to the industry and to offer protection to beneficiaries from hobby genealogists and amateurs. The APR safeguards beneficiaries from firms and individuals who believe that they can conduct probate research with very little or no legal training and experience. In the past few years, there have been several cases of fraudulent individuals posing as probate researchers and mis-administering estates which resulted in millions of pounds being stolen from members of the public. The APR provides solicitors, local authorities and the general public with the assurance that if they engage a genealogy and probate research company listed on the APR Membership Directory, that this member meets a very strict code of conduct and has the relevant experience to conduct research. APR members are also subject to independent regulation by the Professional Paralegal Register (PPR) through which heirs are provided access to an independent complaints procedure and compensation policy. For more information the on the APR and PPR, please visit and


I am a Solicitor


Looking ffor or Missing Beneficiaries Missing Beneficiary Insurance Certificates Will Search Missing W Wiill Insurance Industry Regulation International Bankrruptcy Search Asset Search Share V Vaaluations, T Tra ransffers and Sales Probate Property Assistance


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The Productivity Gap...


A recent Annual Law Firm Survey highlighted that 75% of UK firms have increased their fee income this year, but profit per equity partner remained flat or reduced. It highlighted: â&#x20AC;¢ Deterioration in net profit margin, given an increase in volume, has been driven by higher fixed costs. Additional headcount (more equity partners, fee earners, paralegals and business support), as well as greater spend on IT and operational infrastructure â&#x20AC;¢ A growing trend for fixed and contingent fee arrangements along with downward pressure on fees through competition â&#x20AC;¢ Lower average utilisation of fee earners and paralegal staff has eroded productivity. So, are we working harder instead of smarter? The use of productivity improvement techniques in the service sector has found significant traction over the last decade as practitioners grounded in engineering backgrounds have applied the same rigorous and scientific thinking found in lean operations to office processes, shared service centres and professional service environments. Adoption across many sectors has been rapid and forward planning organisations are readying themselves for the future by adapting ahead of their competitive environment as per Darwinian evolutionary principles. And with events like the Jackson reforms, Brexit and increased competition in the legal sector along with the trend of customers demanding fixed fee quotations it is sometimes hard to demonstrate the value a firm adds upfront during the client engagement process. Are clients picking the cheapest instead of the best? After all, what price is worth the wrong legal outcome? Productivity improvement, getting more output per hour worked without increased human effort, can be achieved through: â&#x20AC;¢ Better work design and resource organisation â&#x20AC;¢ Process redesign, quality control and standardisation â&#x20AC;¢ Staff training in wider skills, increasing employee engagement and motivation â&#x20AC;¢ Higher staff utilisation through elimination of non-value-adding activities â&#x20AC;¢ Automation, improved use of technology and software supporting the operational design Combined, they lead to better customer experience, reduced operational costs and increased profit. ChangeWise has experience in all aspects of service productivity improvement and has developed a comprehensive operational assessment approach that quickly identifies the key factors that enable an efficient and effective operation. By examining critical business and support functions, processes, company policies, organisational structure, culture and key performance metrics we can identify your company's strengths and weaknesses, provide insight, pinpoint priority areas and make recommendations for improvement. Call Mike Williams on 07866 537 580 to find out more.

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Sewer Indemnity – Picture this – you have just purchased your dream home and then get a letter through from the local water company informing you that they require access to a sewer located under the beautiful extension to the side of the property, erected just a few years ago! t gets worse… The water company inform you that you are responsible for their costs in demolishing the extension or excavating the floor in order to gain access to the sewer AND no compensation payable for any damage they cause. Talk about adding insult to injury! Had a build-over agreement been in place the water company would not be able to remove the building because adequate arrangements would have been taken to protect the sewer from the weight of the building above it.


All sewers (drainage pipes) that serve more than one property are, since October 2011, considered public sewers. Water companies have the right to enter onto private land to allow them to access public sewers to carry out maintenance and repairs. If a property owner wishes to build a property or extend a property over or within 3 metres of a public sewer they need to enter into a build-over agreement with the appropriate water authority, e.g. Thames Water. This is to ensure that the building works proposed are not going to damage the sewer or cause it to collapse and also to ensure that suitable means of access by


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way of a manhole cover is installed or available. Very often no build-over agreements have been entered into and the water companies have a statutory right to remove any building or structure which prevents access to the sewer and they will look to the property owner to pay for the costs of this – the water company would not be liable for the damage! This is where indemnity insurance can be a very useful conveyancing tool! GCS offers a market-leading policy to cover the not inconsiderable costs that could be incurred if the water company insist on removing the building or part of a building erected over a public sewer. This type of policy is now available using GCS OnLine (www.gcs-title) and as a bespoke policy directly from our offices. It will also be available very shortly for self-issue from our brand new 6th Edition self-issue folder which will be released early September. If you are interested in receiving one of our new Packs, just send an email to and we will send one out once released.


HW Conveyancing Searches celebrates its 10 year anniversary! Andrew Prismall, Managing Director of HW Conveyancing Searches, has a wealth of experience under his belt from all sides of the conveyancing process. In 1987, he began his professional career as Land Charges Manager at Cardiff City Council.


uring his time there, Andrew would learn the ropes of planning legalities, seeing policies through from inception to implementation, as well as overseeing the computerisation of the Local Land Charges Register and the entire search process. Always looking for a challenge, Andrew then took residence on the other side of the fence as a manager at a major national search agency. This move enabled him to see clearly the movement of information right through from creation to use by the public in deciding where to make their home. This first-hand experience of both sides of the same coin has allowed Andrew to be aware of the needs, restrictions and realities of the searches industry. In 2007, Andrew decided to take his considerable knowledge in conveyancing searches industry and process to the next level and opened the doors of HantsWight Searches. Andrew delivered an expert local service to solicitors in Hampshire and on the Isle of Wight, using his extensive knowledge of the area and industry to form relationships with Councils and providers to bring an unrivalled service to his clients. Andrew ensured his success with a steadily growing team of local experts dedicated to the HW ideals of accuracy and customer care. In 2017, the only thing that has changed is the name â&#x20AC;&#x201C; the high standards and exceptional service persist.

It is to celebrate these 10 years of success that we are delighted to announce the expansion of HW Conveyancing Searches into the SouthWest. Based in Plymouth, the heart of Devon, this new office will be under the watchful eye of our resident local expert, Maggie Robinson. As well as increasing the range of our search agents, HW Conveyancing Searches has also been working hard to bring as much to the table for our client care service as possible. Andrew is not only the Chairman of the search agent trade body IPSA, but has been appointed as a Director/Board Member of PCCB, the people who manage the Search Code which all searches must adhere to. No one else can bring this level of knowledge, connections and foresight right to your team. Through the organisation of client seminars, Andrew has developed connections with both the larger environmental information providers in the industry and the newer companies that are always looking to offer fresh ideas with clear and current data that can make all the difference to a home-buyer. Using these contacts he has been able to offer exclusive training from HM Land Registry, Landmark, Groundsure, Lawyer Checker, and more. To find out more about HW and their dedicated team visit their website at or email and they will be happy to assist you.

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Avista – the new residential environmental search report from Groundsure – is now available from Thames Water Property Searches vista is an innovative new environmental search report designed to help conveyancers manage their caseloads efficiently and effectively. There are many benefits to ordering this product:


• It’s the first report of its kind to include seven key environmental searches, including planning, so there’s no need to waste time ordering individual reports. • The unique Avista “Action Alert” is a special feature that allows conveyancers to prioritise follow-up work at a glance, so that problems can be targeted before they delay the transaction process. • Avista reduces workload by removing unnecessary information, while allowing users to remain robust in their due diligence. • The content is easy for both conveyancer and client to understand. • The intuitive design also means vital information is easy to locate.

Avista is powered by the unique Groundsure IQ engine, which analyses over 106 million data points – on contaminated land, all four major flood risks, ground stability, radon, current and planned energy features and transportation, as well as 10 years of planning data – to produce each report. Conveyancers will also appreciate the improved accuracy and pass rates for sites: the environmental datasets are filtered using Land Registry polygons, so that only results relevant to the property are returned. Another of the report’s key selling points is the built-in intelligence that allows the data to be filtered so that the results and next-step strategies are highlighted in an easy-tounderstand way. “Essentially, you get all the information you need, and none of the information you don’t,” says Danielle Orosa, Strategic Account Manager at Groundsure. “Avista delivers more relevant results that are easier to follow through and clearly prioritised. For example, once a pass has been achieved, the customer is not burdened with unnecessary information. The Avista ‘Action Alert’ will simply inform the customer that there are minimal actions identified. This reduces a similar set of reports from over 100 pages to on average fewer than 20 – a huge bonus for conveyancers and clients alike.” However, in cases where risks are identified, follow-up tasks are prioritised and detailed on a clear recommendations page, helping conveyancers manage each transaction more effectively. Avista is the latest and most advanced of Groundsure’s residential reports. It is priced at £79 excluding VAT and available to order now. At Thames Water Property Searches, we always ensure that our customers have access to all the latest up-to-date reports so that their transactions run as smoothly as possible. To find out more about how this report can benefit your clients, contact our customer experience advisers today on 0845 070 9148


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Book Review

JUDICIAL COLLEGE GUIDELINES FOR THE ASSESSMENT OF GENERAL DAMAGES IN PERSONAL INJURY CASES Includes Guidance on 10% Uplift Fourteenth Edition Foreword by Lord Justice Irwin Compiled for the Judicial College by

Mr Justice Langstaff, Peter Carson, Stuart Mckechnie, Steven Snowden QC and Richard Wilkinson ISBN: 978 0 19881 452 8 OXFORD UNIVERSITY PRESS An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister” A decision some twenty-five years ago by the Judicial Studies Board established a working party to prepare the original Guidelines for the judiciary. As Lord Donaldson said, the Guidelines were “not intended to represent, and does not represent, a new or different approach to the problem” of how to assess general damages, especially where no two cases are ever precisely the same.

As a passing final thought, Irwin LJ mentions both the Jackson reforms and the proposals on “whiplash”. Both areas have fallen victim to the dominance of Brexit matters in Parliament and the June election. However, the future is catching up with all of us fast. The question posed is will the reforms and “whiplash” get Parliamentary time?

Today, in 2017, Lord Justice Irwin says in his Foreword that Donaldson’s view is now “a voice from a different era” concerning the assessment of damages. The reason being that the judges now will only from time to time be called on to take a decision on assessment because it is no longer “one of the commonest tasks of a judge sitting in a civil court” and working out the assessment level.

We hope the answer is “yes” for the same piece of draft legislation will be essential for the enactment of the electronic civil court by means of the ‘Online Procedure Rules’ which Irwin rightly describes as “an essential part of the Courts’ Reform programme. He ends ominously with these words- “the cliched Chinese curse of life in interesting times sounds less hackneyed than usual”. Donaldson and the JSB grasped the nettle 25 years ago with these Guidelines so there should be no excuse!

As Irwin LJ concludes, it is the case now that the real dispute on quantum lies elsewhere. He writes that “the argument as to the level of damages for pain and suffering will usually be an incidental issue in a case where the decisive matters are liability, the nature of a care regime, disputed contributory negligence or something more technical”.

So, you and your practice need this guide if you are involved in any aspect of personal injury work. We hope that other suitable guides will be published by the Judicial College and OUP in the future (for instance, online courts) because they make our working lives much easier as practitioners and they are a boon for unrepresented parties as well.

And all this is down to one factor- “these Guidelines have operated to diminish hugely the incidence of unsettled arguments as to damages for ‘PSLA’ (pain, suffering and loss of amenity)”. The guidelines have settled the law and given us an admirable service in the past and the new edition continues to give us the best information available for assessments and how we arrive at them.

These guidelines were published as a 14th edition on 28th September 2017.

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Southsea, Hampshire Dependent on Experience

MISSING WILLS Mrs Yolanda Janet Roberts (formerly Yolanda Janet Hodge) Address as date of death: 9 Oaklands House, 237 Hursley Road, Chandlers Ford, Eastleigh, Hampshire SO53 1JP 03/12/1946 DOB 10/07/2017 DOD

The Candidate

Mr Hector Colin Stapley

We are seeking an experienced Residential Conveyancing Solicitor / Legal Executive with a minimum of 3yrs PQE to join our small friendly firm based in the heart of Southsea.

26 Greenfields, Liss GU33 7EH.

The successful candidate will be required to manage a caseload consisting of residential property matters to include freehold/leasehold sales and purchases, shared ownership, transfers of equity and remortgages, but experience of commercial property work would be a distinct advantage to any applicant. The Role Duties will include: • Managing a caseload from instruction through to completion • Drafting and approving various legal documentation • Effectively maintaining the firm's case management system • Ensuring all post completion formalities are dealt with • Conducting legal research where appropriate • Providing a personal service, giving clear and concise legal advice • Attending to clients on a regular basis

Address at time Will was likely to have been made: 2 Kelsey Close, Liss, Hampshire GU33 7HR 28/03/1958 DOB 31/01/2017 DOD

Mr Michael Barnard Warner 184 Skippetts Gardens, Basingstoke, Hants, RG21 3BY DOB DOD

02/02/1938 20/07/2017

Desired skills: • Fee earning experience essential • Professional, proactive and personable approach • Excellent legal knowledge We offer a competitive salary based on experience and qualifications and the opportunity to work within our small, friendly, but perfectly formed legal team. Please send CV’s to

Brain Chase Coles Solicitors

EXPERIENCED PROPERTY LAWYER The Candidate Brain Chase Coles Solicitors are seeking an experienced lawyer to join the residential property team in our busy town centre office in Basingstoke.

LOCUM CONVEYANCING Ray Martin, Solicitor, admitted 1978, with 39 years experience of residential and commercial conveyancing. Locum since 2015. Flexible hours and locations . Tel : 07802 428236 or email for cv and terms of business

The role will include handling sale and purchase transactions, remortgages and new homes work within a dynamic and thriving team. The successful candidate will have: - a proven record of successfully managing a busy caseload of residential property cases. - excellent client care skills and a good working relationship with other professionals. - a strong academic background - motivation to expand an existing caseload further through practice development. Please apply with covering letter to Gillian Matthews –

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Swain and Co

Childcare Lawyer Location: Salary:

Havant Dependent on Experience

The Role Expanding South Coast practice seeks motivated and dynamic Childcare Lawyer to join our team in Havant Proven track record of client retention and fee earning is essential. 3 years + PQE in Childcare Law desirable as well as Children Panel Member Accreditation or eligibility to join the scheme.

Job Information Legal Aid Agency Category Supervisor status in Family Law would be advantageous. This role provides the opportunity to undertake good quality work within a supportive and forward thinking team environment. Applications by CV submission to:

Brutton & Co Solicitors RESIDENTIAL PROPERTY SOLICITOR, LEGAL EXECUTIVE or LICENSED CONVEYANCER The Candidate We are seeking a full time residential property solicitor, legal executive or licensed conveyancer. The successful candidate will have a broad knowledge of residential conveyancing, and will have the confidence to handle a full and varied case load. We are looking for an individual who is pro active, enthusiastic and able to maintain our strong relationships with clients and third parties. Salary negotiable depending on experience. To apply please submit your CV to

Housing Lawyer Location: Salary:

Southampton Dependent on Experience

The Role Expanding South Coast practice seeks motivated and dynamic housing lawyer to join our team in Southampton. Proven track record of client retention and fee earning is essential. 1-2 years + PQE in publicly funded Housing Law matters is essential for this role.

Job Information Legal Aid Agency Category Supervisor status in Housing Law would be advantageous. This role provides the opportunity to undertake good quality work within a supportive and forward thinking team environment. Applications by CV submission to:

Locum available for Family/ Matrimonial Work: Miss Vivien Manfield, Solicitor, admitted 1981, Resolution Accredited Family Specialist January 2006 â&#x20AC;&#x201C; 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 for more information and c.v.

CItizens Advice

TRUSTEE Citizens Advice in East Hampshire is looking for a new trustee and would particularly value someone with legal experience ideally with some knowledge of charity law. Trustees lead our charity, help us develop advice services and secure and manage the vital resources we need to go forward to support more East Hampshire residents with crises in their lives. The Trustees meet fairly regularly at intervals of about 6 weeks, usually in the early evening in Petersfield, Alton or Bordon. Although we involve many volunteers in our organisation, trustees cannot be people who are volunteers within the operational delivery of Citizens Advice East Hampshire itself. Citizens Advice East Hampshire (trading name of East Hampshire Citizens Advice Bureaux limited) is a company limited by guarantee (6694768) and a registered charity in England and Wales ( No 1129850). Should you be interested in finding out more, please contact Debbie Essex on for further details and a full role description.


Hampshire Legal

EXCELLENT OPPORTUNITY I need someone with conveyancing experience to replace a CONVEYANCING SOLICITOR/ CONVEYANCER fee earner. Existing case load, own office and secretary. Parking provided. Excellent salary. CQS accredited, case management system and recently upgraded IT. Small friendly firm with strong presence in town (Basingstoke) and good repeat business. A dream job with great prospects. Contact Jonathan Henley or 01256 840084 or email CV to

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Hampshire Legal November 2017  

Hampshire Legal Business Magazine with the Latest Legal Business News, Law Society News and Updates, Local Partnership News, Practice Accoun...

Hampshire Legal November 2017  

Hampshire Legal Business Magazine with the Latest Legal Business News, Law Society News and Updates, Local Partnership News, Practice Accoun...

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