Surrey Lawyer Autumn 2020

SurreyLawyer XXXXXXXXXXXX

THE OFFICIAL JOURNAL OF THE SURREY LAW SOCIETY | AUTUMN 2020

Brexit

How will Intellectual Property Rights change after the transition period? – Jessica Fuller, Brand Murray Fuller LLP

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PUBLISHER Benham Publishing Aintree Building, Aintree Way, Aintree Business Park, Liverpool L9 5AQ Tel: 0151 236 4141 Fax: 0151 236 0440 Email: admin@benhampublishing.com Web: www.benhampublishing.com ACCOUNTS DIRECTOR Joanne Casey

Contents 15

SALES DIRECTOR Karen Hall STUDIO MANAGER Lee Finney MEDIA No. 1711 PUBLISHED AUTUMN 2020 © The Surrey Law Society Benham Publishing Ltd. 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 Surrey Law Society welcomes all persons eligible for membership regardless of sex, race, religion, age or sexual orientation.

All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between members 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.

2021

18

16 Council Member’s Report

17 Surrey Junior 20

For the January 2021 edition

Advertising Anyone wishing to advertise in The Surrey Lawyer please contact Karen Hall before the copy deadline. karen@benhampublishing.com 0151 236 4141 Editorial Anyone wishing to submit editorial for publication in The Surrey Lawyer please contact Helen Opie before the copy deadline. helen.opie@surreylawsociety.org.uk 0333 577 3830

Lawyers Division Report

18 Brexit: How will

Intellectual Property Rights change after the transition period?

20 COVID-19: Absences

COVER INFORMATION Image by Miguel Á. Padriñán from Pixabay.

27th November 2020

10 Local News 15 The Law Society:

Diversity & Inclusion

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

Copy Deadline

05 President’s Jottings 06 Officers 07 CEO Report 08 SLS Legal Awards

22

– a practical guide

21 Stories from the pandemic

22 SLS Insight with James Scozzi

23 Mediation Post Coronavirus

Follow us on social media @SurreyLawSoc @surreylawsociety https://www.linkedin.com/groups/8731473 SURREYLAWYER | 3

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President’s Jottings AUTUMN 2020

T

he leaves that started to appear on the trees in those bewildering March days, when we all hurried home at the beginning of lockdown, are now about to turn brown.

It has been a long and strange summer.

It has also been a concerning time for the rule of law in this country. We have seen an attack on the integrity and independence of the legal profession, when the Home Office published a video at the end of August which referred to immigration lawyers as “activist lawyers” abusing the system, and we have heard a Cabinet minister tell the House of Commons that the government’s proposed Internal Market Bill, which could re-write parts of the Brexit withdrawal agreement, breaks international law. With the end of the Brexit transition period fast approaching, such a move by government threatens to not only undermine the rule of law, but it could seriously damage our country’s standing in the world and its position as a centre for international practice and the global use of English law.

As solicitors or lawyers, we must uphold the constitutional rule of law and the proper administration of justice. The rule of law is a founding principle of our country. It ensures that individuals, companies and government remain accountable to each other, and that fundamental rights are protected and enforced. I was, therefore, pleased to see that the Law Society launched a campaign action making it easier for solicitors and members of the public to voice their concern over potential breaches of international law to their MP and I would ask you to consider writing to your MP as well, if you have not already done so.

Some of you may have returned to the office during the summer months as lockdown measures were relaxed and life began to feel a little bit more normal. We were encouraged by government to return to work, to “eat out to help out” and children returned to school. During this time, the SLS has continued to provide guidance via its website to help you navigate the Coronavirus pandemic and return to work safely, and has continued to provide online courses to help you to meet your continuing competence requirements. I have continued to attend virtual meetings of the County Societies Group and others to share experiences and ideas and the SLS has been planning for the immediate future and what the next 12 months might look like.

However, it is fair to say that planning has been extremely difficult this year. With so many of the SLS events for 2020 having had to be postponed due to lockdown, we had hoped to be able to put on one or two face to face events during the autumn, albeit with social distancing measures in place. But, with the government recently introducing the “rule of six”, and the country reaching a critical point in the pandemic, with fears of a second wave and further lockdown measures, any chance of us doing so before 2021 looks extremely unlikely now.

Nick Ball, President

In fact, with the virus expected to be more severe over the winter and government officials looking at bringing in measures that could last until the spring, together with a professional indemnity insurance renewal period in the toughest market in years, the next few months are no doubt going to be a very worrying time for many and it is likely to be a very long and challenging winter.

Having said that, the SLS will be here to support you as best it can and we must of course hold an annual general meeting (AGM) between the members and the committee because it is important for so many reasons, not least because it is a constitutional requirement. It is clearly challenging for such a meeting to go ahead as normal in the face of current legal requirements and guidelines restricting movement and gatherings. The government has relaxed some of the requirements which would make it difficult, if not impossible, to hold a meeting but, at the time of writing, it is unclear whether such relaxations will be extended beyond the current expiry period of the end of September 2020. Chances are that they will be extended because people’s safety and well-being is paramount, but we will keep an eye on things as matters develop over the next few weeks and will update you on the plans for this year’s AGM in due course.

By the time you read this, I will have attended the Law Society’s virtual Presidents’ and Secretaries’ conference and also had a call with the Law Society President, Simon Davis. I will also have attended a virtual meeting with committee members of Surrey Junior Lawyers Division to discuss a potential new careers support initiative as we are exploring ways of working more closely with junior lawyers in the county.

I will update you on these and other SLS matters next time. In the meantime, if you are interested in getting involved in the work of Surrey Law Society, please do get in touch with me or Helen Opie.

With my very best wishes. ■

Nick Ball President

SURREYLAWYER | 5

OFFICERS

KEY OFFICERS

COMMITTEE MEMBERS

President NICK BALL TWM Solicitors LLP 65 Woodbridge Road, Guildford, Surrey GU1 4RD Tel: 01483 752700 Email: Nick.Ball@twmsolicitors.com

VICTORIA CLARKE (Immediate Past President) Watson Thomas Solicitors 16 Haydon Place, Guildford, Surrey, GU1 4LL Tel: 01483 320114 Email: vclarke@watson-thomas.co.uk

Vice President MADELEINE BERESFORD TWM Solicitors LLP 65 Woodbridge Road, Guildford, Surrey GU1 4RD Tel: 01483 752742 Email: madeleine.gooding@TWMSolicitors.com

MARALYN HUTCHINSON Kagan Moss & Co 22 The Causeway, Teddington TW11 0HF Tel: 020 8977 6633 Fax: 020 8977 0183 Email: maralyn.hutchinson@kaganmoss.co.uk

Deputy Vice President MUMTAZ HUSSAIN M: 07983 488 351 mumtaz1uk@gmail.com Hon. Secretary KIERAN BOWE Russell-Cooke Solicitors Bishops Palace House, Kingston Bridge, Kingston upon Thames, Surrey, KT1 1QN DX 31546 Kingston upon Thames Tel: 020 8541 2041 Fax: 020 8541 2009 Email: kieran.bowe@russell-cooke.co.uk Hon. Treasurer VICTORIA CLARKE Watson Thomas Solicitors 16 Haydon Place, Guildford, Surrey, GU1 4LL Tel: 01483 320114 Email: vclarke@watson-thomas.co.uk

Chief Executive & Magazine Editor HELEN OPIE Surrey Law Society c/o Russell-Cooke Solicitors, Bishop’s Palace House, Kingston Bridge, Kingston-upon-Thames, KT1 1QN Web: www.surreylawsociety.org.uk Tel: 0333 577 3830 Email: helen.opie@surreylawsociety.org.uk SUB-COMMITTEES CONVEYANCING & LAND LAW Maralyn Hutchinson

KAREN GRIMM Morrisons Solicitors Prospero, 73 London Road, Redhill RH1 1LQ Tel: 01276 401 689 Email: karen.grimm@morrlaw.com

STRATEGIC PLANNING & FINANCE Kieran Bowe Nick Ball Victoria Clarke Madeleine Beresford James Scozzi

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

SOCIAL James Scozzi Gerard Sanders Victoria Clarke Nick Ball

JAMES SCOZZI Elite Law Solicitors 1 Fetter Lane, London EC4A 1BR DX: 14 London Chancery Lane Tel: 020 3440 5506 Fax: 01923 219416 Email: jscozzi@elitelawsolicitors.co.uk LAW SOCIETY COUNCIL MEMBERS SUSHILA ABRAHAM S Abraham Solicitors 290A Ewell Road, Surbiton KT6 7AQ Tel: 020 8390 0044 Email: office@sabrahamsolicitors.co.uk

SURREY JUNIOR LAWYERS DIVISION Yasmin Curry (Chair) Madeleine Beresford Beth Duffy Asta Asaka Amy Cooper Celine Winham Martin Whitehorn Kate Lewis Josh Day Email: surreyjuniorlawyersdivision@gmail.com LinkedIn: https://www.linkedin.com/company/ young-surrey-lawyers Instagram: jld_surrey Twitter: @YSL_Live

ALASTAIR LOGAN Pound House, Skiff Lane, Wisborough Green, West Sussex RH14 DAG Email: alastairdwlogan@btinternet.com

Membership details Annual Subscriptions: £98 per person, per year Corporate Subscriptions: £1,850 per year (20+ fee earners) Solicitor: £60 (not in private practice) Solicitor: £35 (not practising) Honorary Membership: Free Associate Membership: Free – no voting rights 6 | SURREYLAWYER

To apply for membership please contact: Helen Opie, Chief Executive Surrey Law Society c/o Russell-Cook Solicitors Bishop’s Palace House, Kingston Bridge, Kingston-upon-Thames, KT1 1QN Web: www.surreylawsociety.org.uk Email: helen.opie@surreylawsociety.org.uk Tel: 0333 577 3830

INTRODUCTION

CEO Report AUTUMN 2020

I

t has been 3 months since my last report, and while much has changed, we still find our lives disrupted by COVID-19. I hope this issue of the Surrey Lawyer finds you safe and well, and that you have had an enjoyable summer despite the strange circumstances we are in.

Since the last issue, we have been working hard at SLS HQ to fulfil our 2020 Training Programme, and are pleased to have been able to move all the courses that were scheduled to take place at the Mandolay to an online alternative. We have been delighted to host the following afternoon courses and would like to thank all the members who took part in these sessions, ensuring they were a success: ■ Inheritance Tax Planning with John Bunker ■ Residential Conveyancing Update with David Keighley ■ New Build Issues for Conveyancers with Richard Snape ■ Residential SDLT for Lawyers with Paul Clark ■ Masterclass for COLPs with Peter Warner ■ Checking up on your Boilerplates with Helen Swaffield If you were unable to attend any of the above training but would be interested in purchasing the notes and recordings, please contact me, as we have these available for all sessions. Moving into the Autumn, we have a Will Drafting Masterclass from the ever-popular Lesley King, which will take place via Zoom on Wednesday 21st October, more information and booking details for this can be found on the SLS website.

We are very sorry that we have been unable to find a way to reschedule any of our planned social events for the year. We had hoped that we might be able to hold one or two of these during the Autumn, but with cases and the R-number rising, and further restrictions being imposed, we have taken the difficult decision to cancel any face to face events or meetings until 2021. As such, we will are currently making plans to hold the Society’s AGM virtually and will be in touch with you about how this happens in due course. We are also working on some other exciting initiatives which we hope to have available to you before the end of the year, including a suite of careers support run in conjunction with the Surrey Junior Lawyers Division and the launch of our SLS podcasts.

As the end of 2020 drawers closer, the Committee and I have now started work on our Training and Events schedule for 2021, and are excited to be offering a hybrid programme of online and in-person content. For our virtual programme, we will be scheduling webinars and shorter training courses, as well as a number of the online forums, which proved so popular, when we launched them during lockdown. We will also be resuming our in-person courses and events, including the usual social events, such as the Past President’s Cup at Daytona and Legal Brain of Surrey Quiz, and a number of training courses to be held at the Mandolay. We are working hard to ensure that the programme offers all the usual favourites as well as a variety of new initiatives including some sessions for Practice Managers and a series of webinars on improving your soft skills. Whilst we put the content together, we would welcome any recommendations for topics or speakers that you would like to see included in the programme, so please don’t hesitate to contact me with any suggestions.

Outside of the day-to-day, I have been pleased to attend the recent Presidents and Secretaries Conference hosted by the Law Society. The conference was a great opportunity to hear how other local law societies have been affected by COVID-19 and how they are continuing to support their members. In the same vein, our meetings with the County Societies Group continue on a regular basis and are always a useful platform to share experiences and best practice. Over the coming weeks, I am looking forward to attending a local law societies call with President of the Law Society, Simon Davis and will report back to you on that meeting in due course.

Before I conclude, I would like to thank our annual patrons, HFS Milbourne, DPS Software, Moneypenny and Finders International for their continued support during these challenging times. Without their patronage, the Society would not be able to continue supporting our members, and we are extremely grateful for their partnership.

– PAT R O N S –

www.hfsmilbourne.co.uk

www.dpssoftware.co.uk

www.findersinternational.co.uk

www.moneypenny.com

I hope that you enjoy this issue of the Surrey Lawyer and please remember, if you have any news that you would like to share or topical articles that you think would make a good contribution to the magazine, please send them to me. We would also be happy to share your good news via our social media channels, so don’t forget to tag us on the details below.

Very best wishes. ■

Helen Opie

Chief Executive & Magazine Editor T. 0333 5773830 E. helen.opie@surreylawsociety.org.uk @SurreyLawSoc @surreylawsociety

Helen Opie (Chief Executive at Surrey Law Society) LinkedIn SLS Group https://www.linkedin.com/groups/8731473

SURREYLAWYER | 7

EVENTS

SLS LEGAL AWARDS 2021 – Award Categories & Criteria –

NOMINATIONS ARE OPEN

and member firms and individuals are invited to make submissions in one of the following 10 categories before Friday 16th October 2020.

The nomination process couldn’t be simpler, visit www.surreylawsociety.org.uk/events/152, click on the category you would like to enter, and download the nomination form to assist you in preparing your submission. Once you’ve completed the entry, use the handy criteria checklist at the end of the document to ensure you’ve covered everything and submit this with any supporting documentation you wish to send to helen.opie@surreylawsociety.org.uk.

1. Private Client Lawyer of the Year The judges will accept nominations based on one outstanding matter worked on during the last year or on the overall performance of the individual during that year. The nominee must be able to demonstrate that he/she has delivered exceptional client outcomes. Please explain the single greatest achievement of the past 12 months in one or more of the following: client service, innovation or exceptional client outcome/s.

2. Property Lawyer of the Year

3. Law Firm of the Year

We will accept entries from both commercial and residential property Lawyers and landlord and tenant specialists. The nominee must be able to demonstrate that he/she has delivered exceptional client outcomes. Please explain the single greatest achievement of the past 12 months in one or more of the following: client service, innovation or exceptional client outcome/s.

The firm must be able to show significant progress and development as a business within the last 12 months. Evidence of this can include details of growth, strategy, financial performance, employee development, training and diversity. The firm must also be able to demonstrate that it has a rounded approach to the delivery of legal services, and that it is working in the best interest of not only its clients but the profession overall.

4. Rising Star of the Year

5. Paralegal of the Year

The nominee needs to show a sizeable level of involvement within the profession and/or the area in which they practice and provide evidence of any significant obstacle/s they have overcome.

Evidence in relation to how and why the nominee has “risen” over the past 12 months is advised.

This award recognises the key role paralegals play in our justice system. The nominee will be an exceptional individual who consistently makes contributions to the legal profession whether in client care, business development, training or otherwise and who acts as an inspiration to other paralegals through their knowledge of the law, perseverance in cases, professional and personal development and superior skill set. The nominee must also demonstrate a commitment to continuing legal education.

8 | SURREYLAWYER

EVENTS

After careful consideration, and in light of the ongoing COVID-19 developments, we are postponing the 2020 SLS Legal Awards to Thursday 4th March 2021. Rescheduling our flagship event will enable us to provide the experience that our members, nominees, and patrons expect and deserve in a safe environment.

Nominations remain open and we would very much encourage all members to submit their entries before the deadline in October.

6. Support Team Member of the Year This year we are welcoming nominations from colleagues or clients for secretaries, cashiers and other support team members who support Surrey Law Society members. Nominees must demonstrate a special contribution to their organisation or to specific clients, showing dedication and commitment that goes ‘the extra mile’.

7. Lawyer of the Year The nominee must be a Lawyer who goes “above and beyond” in both his/ her colleagues’ eyes as well as those of the clients. This might be demonstrable in a specific case or work done in relation to a particular area of Law. The nominee may also have proposed and put in place a business solution that proved beneficial to the firm overall or to his/her client, or both. The nominee should also be able to show strong management and leadership skills.

8. Family Lawyer of the Year

9. Litigation Lawyer of the Year

The nominee must demonstrate excellence within the field of family law through their practice. The nominee must also show that they have provided an outstanding quality of legal service for their clients and demonstrated teamwork within their firm, with external lawyers and/or other professionals.

The judges will accept nominations based on one outstanding matter worked on during the last year or on the overall performance of the individual during that year from those who practice in any area of litigation on either the Claimant and/or Defendant side. The nominee must be able to demonstrate that he/she has delivered exceptional client outcomes. Please explain the single greatest achievement of the past 12 months in one or more of the following: client service, innovation or exceptional client outcome/s.

10. Commercial / Corporate Lawyer of the Year

Could it be you?

The nominee must be able to demonstrate that he/ she has delivered exceptional client outcomes.

Please explain the single greatest achievement of the past 12 months in one or more of the following: client service, innovation or exceptional client outcome/s. Nominees will be accepted from Lawyers working in corporate finance, private equity, banking, insolvency, Intellectual Property and other commercial disciplines.

Do you have what it takes to be our Lawyer or Law Firm of the Year? Will your firm, one of your colleagues or even you be one of our Award Winners?

GO TO SURREYLAWSOCIETY.ORG.UK FOR MORE INFORMATION

SURREYLAWYER | 9

LOCAL NEWS

Mediator Russell Evans wins 2020 UK Mediation Award

R

ussell Evans, a Senior Mediator at Resolve UK who works from bases in the South of England & London, has been recognised in the national mediation community, winning ‘Mediation Expert of the Year in the United Kingdom’ – Global Advisory Experts Award 2020.

After training and then working for CEDR as a Mediator & Arbitrator on their dispute resolution panels, Russell has for many years been a leading mediator and arbitrator at Resolve UK a national dispute resolution panel accredited by the Civil Mediation Council.

Russell has judged both national and international mediation competitions and is an expert not only in resolving commercial and partnership disputes but contentious probate, proprietary estoppel and tolata claims.

Resolve UK Mediator, Russell Evans at the IDRC On receiving the award Russell said: “It is a great honour and privilege to be recognised in the mediation community not only for the dispute resolution work I have undertaken for large companies and government agencies but for charities and the under privileged. As Mediators we strive to help parties find solutions and peace amongst the turmoil of daily life and business. At this time our thoughts go out to all those who have suffered during the pandemic and to the amazing dedicated work performed by our health workers.”

As part of an initiative to confront the Coronavirus epidemic, Russell set up an Online Mediation forum to enable individuals and businesses to resolve disputes from the safety and comfort of their home or office.

Russell is a pro-active mediator who empowers parties to resolve disputes and unlock their future. ■

Guildford’s DR Solicitors shortlisted for prestigious legal award

L

ocal law firm DR Solicitors has been shortlisted for a prestigious Law Society Excellence Award, the highest accolade for law firms in England and Wales.

DR Solicitors has been shortlisted in the category of Law Firm of the Year (Small).

Daphne Robertson, founder and senior partner said “This has been a year of very significant change for our clients (who all work in primary care) and therefore also for DR Solicitors. The 2 main factors have been a total restructure of primary care delivery in England and then, of course, COVID-19. We have been incredibly busy with both of these events, and as a result have seen our revenues and profits increase. The team at DR Solicitors have worked incredibly hard to support our clients over the last year and I am delighted to share this piece of good news with them.”

Daphne Robertson

Law Society of England and Wales president Simon Davis said: “Congratulations to all those who have been shortlisted. There are more than 9,000 firms and 190,000 solicitors in England and Wales, so to be shortlisted for a Law Society Excellence Award is to be recognised as being among the very best of the best.

The justice system was already under immense pressure prior to COVID-19 and the situation has been exacerbated by the pandemic, making the incredible work that is being done by solicitors across the country day-in day-out to support their clients more vital than ever.”

Winners will be announced in a series of online ceremonies from 13-15 October. ■

10 | SURREYLAWYER

LOCAL NEWS

Moore Barlow appoints new HR and Marketing Directors Katherine Allison and Tom Newman-Young join the firm’s executive leadership team to drive post-merger, people-led growth strategy

T

op 100 UK law firm Moore Barlow has announced two senior appointments to the firm’s senior leadership team – Katherine Allison, who joins as the firm’s HR Director, and Tom Newman-Young, who joins as the firm’s Marketing Director.

Katherine Allison joins the team with an academic background in organisational psychology and more than two decades of HR leadership and change management experience across a number of fast-paced, complex, dynamic global organisations spanning professional services, technology, communications and public sectors. Most recently, she served as HR Director for recruitment technology platform Oleeo (formerly WCN Plc), where she was responsible for setting up the entire HR function

globally. Among her achievements included setting the vision and delivering against the people strategy, supporting a global re-brand to set our Oleeo’s employee value proposition and developing a collaboration-based, high-performance culture.

Her previous experience has included roles as HR Business Partner and Senior Change Manager at international law firm CMS Cameron McKenna which was at the time undergoing fundamental and widespread change to its organisation, processes, technology and culture. During her time at CMS, Katherine led strategic projects, across multiple locations, as part of the firm’s business transformation programme. Prior to this, Katherine held senior HR roles at PR agencies Weber Shandwick and NextFifteen Communications Group.

A 14-year veteran of the advertising industry, Tom NewmanYoung brings significant experience in building and growing major UK and global brands across the financial services, airlines, telecoms and FMCG sectors - including defining brand positioning, developing marketing strategy and developing highly effective communications programmes. He joins Moore Barlow from AMV BBDO, where he served as a Senior Board Account Director and worked with major global brands such as PepsiCo (Walkers Crisps, Quaker Oats, Tropicana), Mars and BT. Prior to this, he served as Business Director with Leagas Delaney, working with such brands as Patek Philippe, Investec and Deutsche Bank. He also spent nine years at BBH, where his clients included Barclays, British Airways and Vodafone, among others.

The new appointments to the firm’s executive leadership team come shortly after the official launch of the recently merged Moore Barlow in May 2020. The merger established a new regional powerhouse firm with a significant geographic footprint across the South East, serving clients across the UK and internationally. The firm boasts some of the largest and most comprehensive teams of legal advisors in areas such as private client, personal injury, clinical negligence and property.

Ed Whittington, managing partner of Moore Barlow, said: “Katherine and Tom are a welcome addition to our senior leadership team, and join us at an opportune and pivotal time, as we continue our journey post-merger. They each bring a wealth and depth of experience that will help drive and steer our ambitious people-led strategy and growth plans over the next few months and years ahead. The importance of both people and brand for Moore Barlow cannot be underestimated, particularly in such a highly competitive marketplace.

“Katherine and Tom represent exactly the sort of world-class talent that we seek to attract. Working alongside our existing and dedicated team, we look forward to their contributions and leadership as we continue on our exciting journey.” ■

Tom Newman-Young SURREYLAWYER | 11

LOCAL NEWS

The University of Law adapts to life during the Coronavirus Pandemic

O

n Wednesday 18 March the University of Law suspended face to face teaching at all its campuses and moved its teaching online. Whilst a daunting prospect, the University of Law has over ten years’ experience of delivering online programmes and so the transition was remarkably seamless.

Lectures and workshops were streamed live to ensure that students had an opportunity to ask questions of their tutors.

However, in order to ensure that students would be able to access teaching, even if they were unwell or out of the country and so in a different time zone, the University decided in addition to record lectures and workshops. Later feedback from students was very positive on the transition.

It was not just the teaching sessions which were moved online.

Personal tutor meetings, careers appointments, welfare and counselling appointments were moved onto virtual platforms.

Assessments too moved online and took the form of either open book courseworks submitted via the Turnitin platform or live examinations invigilated by the online invigilation service, ProctorU. Understandable anxiety in the student body quite quickly transformed into acceptance of the new normal. Students increasingly engaged with online employability workshops, employer talks and competitions including a summer Commercial Awareness challenge.

In May there was an online quiz for all students from the Guildford and Reading campus. We had 8 rounds of 10 questions, a double points joker and a picture round. Each round was contributed to by 2 or more different staff members collaborating. Teams had 8 minutes to answer the 10 questions in a round and were allowed to confer privately via WhatsApp. We had about 110 participants and 10+ “crew” on the night but next time hope for more. The evening was a great success.

In June we also moved our mooting competition final online using two tutors to judge. One tutor asked the questions and the other kept notes and time for the first mooter, then they

Stowe Family Law has opened an office in Guildford

S

towe Family Law (Stowe) has opened an office in Guildford taking the firm’s national presence to 25 offices and reinforcing its position as the country’s largest specialist family law practice.

The new office will be headed up by Managing Partner, Emma Newman and supported by Senior Solicitors, Niamh McCarthy 12 | SURREYLAWYER

swapped roles for each student. The standard was exceedingly high and the students coped professionally despite the strange online environment. Interacting with your audience is a different skill online and they were not fazed. All four finalists have a real chance of obtaining pupillage in the future.

It has been possible students to book three hour study slots on the University of Law’s own campuses during the easing of lockdown. This was particularly important for students who are in digital poverty or find it difficult to find a quiet place to work at home. Now that we return of face to face teaching in September the University has introduced at its campuses various measures to ensure the safety of students and staff. These include social distancing markers, thermographic cameras on entry, hand sanitiser stations, Perspex screens at reception desks in Student Information and the Library as well as requiring staff and students to wear face coverings.

In the event that Government guidance changes and the University is not able to remain open, the University’s Study Guarantee means that sessions will be streamed until such time as we can return to campus. If University campuses are open but a student is unable to attend (perhaps because of travel restrictions or concerns about coming to campus) then they will be able to access their sessions online until they are able to switch to face to face teaching.

We are incredibly proud to have continued the education of hundreds of students to a successful completion in the summer, and to welcome even greater numbers to our campuses this September. Our outgoing undergraduates gave us 100% overall satisfaction in the National Student Survey, and we aim to achieve the same standard of service across all of our courses. ■

and Sarah Hodges, both of whom bring a wealth of family law knowledge to the town.

The team specialises in all aspects of family law including divorce, separation, cohabitation issues, nuptial agreements, arrangements for children and financial settlements.

As with all the firm’s offices, Guildford will have access to a network of over 70 specialist family lawyers, together with its in-house Forensic Accountancy team who examine financial disclosure specifically within divorce proceedings.

Southern Regional Director, Andrew Miller, said: “The addition of the Guildford office enhances Stowe’s national footprint and prominence in the family law sector. We now have more specialist family lawyers than any other firm in the country,

LOCAL NEWS

Morrisons Solicitors’ Court of Protection team expands into welfare work Kate Churchouse

M

orrisons Solicitors LLP have an established and market leading team who represent the interests of vulnerable adults, both in the everyday execution of their affairs, and in the protection from and prosecution against abuse, coercion and exploitation.

In recent years, the Court of Protection has seen a surge in welfare applications with the court being asked to make health and welfare decisions on behalf of people who lack capacity to make these decisions for themselves.

Given the natural crossover between health and welfare and property and financial affairs work, the vision for the team at Morrisons Solicitors is to provide a holistic service to its elderly and vulnerable clients by broadening its advice and support beyond property and financial affairs into matters involving the client’s health needs, community care and general welfare.

To support this growth, Morrisons have hired Kate Churchouse into the team as a Senior Associate Solicitor. Kate previously headed up a Court of Protection team at a firm in Hampshire which specialised in assisting and representing vulnerable people in applying to the Court of Protection in matters relating to their health and welfare. Within her previous role, Kate was regularly instructed by the Official Solicitor and Independent Mental Capacity Advocates to represent clients who were subject to a standard authorisation granted under Sch. A1 of the Mental Capacity Act 2005 (DoLS) and who wished to challenge their care regime which amounted to a deprivation of their liberty.

Kate also has experience representing local authority legal departments and is also able to offer advice to local authority social care departments and public health boards on matters concerning community care and mental health services with Morrisons acting as an agency firm for these organisations.

The addition of Kate’s expertise to the team will place Morrisons within the very small cohort of specialist leading firms in Court of Protection and Mental Capacity Law in England.

Holly Chanter, Partner and Head of Morrisons Private Client and Court of Protection department, commented “Given the rapid and ongoing growth of Court of Protection work, I am delighted that we are now able to offer specialist health and welfare advice for our clients. Kate brings a wealth of experience and we will be supporting her to develop her expertise further”.

Kate added “Holly and the team at Morrisons have an excellent reputation for the service they provide to their vulnerable clients.

I am looking forward to expanding the service to include the provision of welfare advice and representation to our existing clients and to go further to develop a specialist team of advisors able to provide advice and representation to professional bodies and individuals within the welfare sector. It is a very exciting opportunity for both myself and the firm”.

The growing success of Morrisons’ Court of Protection team has seen a marked increase in clients referred to the firm who require a deputy to look after and manage their property and financial affairs. Holly Chantler is a panel deputy appointed by the Court of Protection and currently acts as a professional deputy for approximately 80 clients who lack capacity to manage their financial affairs.

Health and welfare decisions made by the Court on behalf of people who lack capacity, known as ‘best interests decisions’, include where the person should live and how their health and care needs should be met. Often, where the person who lacks capacity is subject to a care regime which amounts to a deprivation of their liberty, the Court is asked to make more complex best interests decisions based on a range of matters based on the particular needs and circumstances of that person. ■

enabling us to provide the very best legal knowledge and experience to our clients.”

He continues: “I am delighted we are opening an office in Guildford as part of our continued growth nationally, and particularly that we are now able to provide more locally-based family law services in Surrey.”

Managing Partner, Emma Newman said: “I have practised family law in Surrey for over 20 years, and I am thrilled to head up the opening of the Stowe office in Guildford. Niamh and Sarah are talented and empathetic lawyers and dedicated to achieving the best outcomes for their clients so that they can move forward with their lives. We are looking forward to welcoming clients to our new office soon.” ■

From left to right: Senior Solicitors, Sarah Hodges & Niamh McCarthy and Emma Newman, Managing Partner at Stowe Family Law.

SURREYLAWYER | 13

Advertorial

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The Moments that Matter The key life events that can leave women at a financial disadvantage, and the simple steps that every girl and woman can take to help them become more financially independent.

By Samantha Kaye, Chartered Financial Planner and Adviser at Wellesley Wealth Advisory ‘We’re all in this together’. It might be a phrase we’ve heard quite a lot recently; nevertheless, it’s still an apt opening to a game-changing report by Insuring Women’s Futures.

6 ‘Moments that Matter’ in the lives of young British women

More and more organisations are championing change when it comes to women’s financial security – and this report, ‘Securing the financial future of the next generation’, is a call to action for every woman and girl to take steps to secure her financial future.

The report identified six key moments in life that disproportionately impact women when compared to men generally. I’m sure at least one of these ‘moments’ will ring true for female readers!

Identifying these life events presents an opportunity for women to make a real difference to their financial security, by strengthening their financial resilience at those times. The report encourages girls and women to engage in their own financial life journey – to make decisions, to discuss plans with loved ones and to arm themselves with knowledge.

I would strongly recommend that you read the report, and use it to help you plan the financial future you desire and manage any risk: www.insuringwomensfutures.co.uk/resources

1

2

Growing up, studying and re-qualifying

Entering and re-entering the workplace

3

4

Relationships: making up and breaking up

Motherhood and becoming a carer

5

6

Later life, planning and entering retirement

Ill health, infirmity and dying

Mind the gaps •

Only 37% of females aged 18-24 years feel very confident managing their money.

It’s promising to see key institutions lobby for change and equality. But, while programmes like Insuring Women’s Futures have a vital role to play, it’s also up to women to feel empowered to discuss their finances and long-term plans. So, let’s get talking!

•

The average pension pot of a 65-year-old woman in the UK is £35,800, 1/5th of the average 65-year-old man’s*.

•

On average, men under 35 receive £217 a year more in employer contributions towards retirement than their female counterparts.

To find out more, please contact me using the details below.

•

The median pension wealth for divorced men and women is £30,000 vs £9,000, respectively.

Starting the conversation

Wellesley Wealth Advisory Wellesley House, 50 Victoria Road, Burgess Hill, West Sussex RH15 9LH 01444 849809 | samantha.kaye@sjpp.co.uk | www.wellesleywa.co.uk/samantha-kaye

‘Mind the gaps’ statistics quoted from Insuring Women’s Futures: ‘Securing the financial future of the next generation’. *Pension pot defined as total wealth in current (defined benefit and defined contribution) pension schemes.

St. James’s Place guarantees the suitability of advice offered by Wellesley Wealth Advisory when recommending any of the services and products available from companies in the Group. More details of the Guarantee are set out on the Group’s website www.sjp.co.uk/products. Wellesley Wealth Advisory is a trading name of Wellesley Investment Management Ltd. The Partner Practice is an Appointed Representative of and represents only St. James’s Place Wealth Management plc (which is authorised and regulated by the Financial Conduct Authority) for the purpose of advising solely on the Group’s wealth management products and services, more details of which are set out on the Group’s website. The ‘St. James’s Place partnership’ and the titles ‘Partner’ and ‘Partner Practice’ are marketing terms used to describe St. James’s Place representatives. Wellesley Investment Management Ltd: Registered Office: 44 The Pantiles, Tunbridge Wells, Kent, England TN2 5TN. Registered in England & Wales, Company No. 06530147.

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REPORT

Diversity & Inclusion

By Louise Hanson

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n response to the Black Lives Matter movement, our members reached out to us wanting to discuss and reflect on the issues raised. To guide and support the profession, we are developing additional support to help members explore the issues and identify changes that can be made to improve the experience of black solicitors in the profession.

As an organisation, we are also looking inward to identify how we can improve and better support our black colleagues.

We also hope to shine a spotlight on diversity and inclusion more broadly, an area which needs and deserves to be a long-term focus for all businesses. In this article, I’ll outline the business case for diversity and inclusion, what the Law Society is doing and how you can get involved.

The business case The benefits of a truly diverse and inclusive workplace include: ■ The ability to attract the best talent – building your reputation as an employer of choice.

■ Improved performance – drawing on the different perspectives, skills and experiences of your people for better solutions.

■ A broader client base – improving your reach and appeal to a wider audience.

Our full business case for equality, diversity and inclusion can be found at www.lawsociety.org.uk/topics/hr-and-peoplemanagement/equality-diversity-and-inclusion-a-business-case.

Don’t just take my word for it. McKinsey’s recent ‘Diversity Wins’ report looks at the business case for diversity and inclusion. It finds that ‘the relationship between diversity on executive teams and the likelihood of financial outperformance has strengthened over time.’ It also highlights the positive impact that a focus on inclusion can have on an organisation’s ability to outperform.

In the solicitors’ profession, we see a slowly improving picture in terms of diversity but there is still a long way to go. Our 2019 PC Holder Survey showed that, 52% of solicitors are female, 16% of solicitors are from black and minority ethnic backgrounds, 5% are LGBT+, and 16% reported a long-term physical or mental health condition or illness.

We have seen increases in the number of BAME and female solicitors but there is still under-representation at senior levels. We are proud partners of the recently published Legally Disabled research (http://legallydisabled.com/research-reports/)

which highlighted the steps we still need to take to improve the experience of disabled legal professionals in our workplaces.

Through its work on diversity and inclusion, the Law Society aims to help the legal profession to be: ■ Inclusive – creating environments, workplaces and cultures in which individuals feel accepted and supported ■ Diverse – reflecting the diversity of society ■ Responsive – able to provide a sensitive, appropriate and highly professional service to all sections of society ■ Good employers – recruiting on merit and offering training and development opportunities to all employees equally What we are doing and how you can get involved This is just a snapshot of the work that the Law Society is doing along with ideas on how you can get involved. The best way to stay updated is to sign up to our monthly e-newsletter – go to www.lawsociety.org.uk, create a My Law Society account and choose one of our diversity divisions within “topics”.

The Diversity Access Scheme (www.lawsociety.org.uk/ campaigns/diversity-access-scheme) provides scholarships for people from lower socio-economic backgrounds who want to join the profession. Contact the team if you are interested in sponsoring a student or could offer work experience.

Our Social Mobility Ambassadors (www.lawsociety.org. uk/campaigns/social-mobility-ambassadors) share their experiences and practical information to support entrants to the profession from diverse backgrounds. The application process for this year has now closed but please contact the team to express your interest and we’ll let you know when applications open again.

We undertake and partner on research to highlight and address the issues faced by solicitors. We are currently conducting our own research into the experience of BAME solicitors.

We run a Diversity and Inclusion Charter (www.lawsociety. org.uk/campaigns/diversity-and-inclusion-charter) for members who want to publicly commit to promote the values of diversity and inclusion throughout their business. We are currently reviewing the Charter so look out for future updates.

Continued on next page

SURREYLAWYER | 15

REPORT

Continued from last page The Women in Law Pledge (www.lawsociety.org.uk/ campaigns/women-in-leadership-in-law/tools/the-womenin-law-pledge) enables you to publicly commit to making a difference for gender equality. Sign up to the Pledge today at www.lawsociety.org.uk/women-in-law-pledge Working with the Judicial Appointments Commission and other bodies, we offer Pre-application Judicial Education Programme sessions (www.judiciary.uk/about-the-judiciary/ who-are-the-judiciary/diversity/pre-application-judicialeducation-programme-paje/) to support lawyers from underrepresented groups feel more confident in and prepare for the judicial application process.

We run complimentary Becoming a Judge workshops (https:// www.lawsociety.org.uk/topics/ethnic-minority-lawyers/freeworkshop-becoming-a-bame-judge) for BAME solicitors, giving this under-represented group practical advice on completing the application form and interview practice. We will run two sessions later this year.

We hold events where members can learn from best practice and the experience of others. For example, we recently ran virtual forums on menopause awareness and are planning more on other topics.

Watch out for details of future training, workshops and all our events through our e-newsletter. To receive a copy straight to your inbox, please create a My Law Society account and choose one, or all, of our diversity divisions.

To find out more, visit our website at www.lawsociety.org.uk.

Email the team at diversityteam@lawsociety.org.uk.

We welcome your involvement. Together we can make the legal profession a more attractive and fulfilling career choice for a wider spectrum of people. To the benefit of our businesses and our clients. ■

Council Member’s Report

By Alastair Logan

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e are living in strange, unpredictable and indeed dangerous times. Who would have imagined in the spring of this year that we would be where we are now? Who could have prepared for the devastation that COVID-19 has brought to all of us? But faced with the pandemic our profession has met the challenges and continues to do so.

The Law Society officeholders and staff have done an awesome job providing the profession with guidance, assistance and support. In addition to supporting solicitors, whether members of the society or not, they have continued to challenge on issues such as the crisis in our justice system, the effect of government actions on that section of our profession who work in the criminal law, the backlog that had grown because of austerity and starvation of funds to the Ministry of Justice causing court selloffs, drastically reduced judge time on top of the effect of the cuts to legal aid. These are some of the challenges but by no means all. Not since 1949 has the chasm between the rich, who can afford access to justice and those of limited or modest means who cannot, been greater. Our profession has tried to plug the gaps by pro bono and other gifts of their time and skills but there is no substitute for a properly funded justice system.

We now face an attack on the Rule of Law which fundamentally underpins our democratic society and our justice system.

Throughout this time the Council of the Law Society has continued to address many other issues. Of particular concern to the solicitors of Surrey is a proposal by the Council Membership Committee to reform Council which in its original state would have removed from Surrey a large quantity of postcodes reducing Surrey’s area significantly and effectively making it a rural constituency. Sushila and I, together with the Committee of the Surrey Law Society, robustly contested this proposal with the 16 | SURREYLAWYER

result that Surrey has now been expanded by the addition of postcodes hitherto allocated elsewhere.

Alastair Logan

However, this is not the end of the matter because there remains the proposal that Surrey’s two Council Members should be reduced to one. The argument is that some of the geographical seats must surrender their council members so that more seats can be allocated to specialisms and other interest groups.

This proposal was formulated before the massive changes that COVID-19 has brought in the way in which meetings and business are conducted. Surrey remains one of the largest constituencies in the country based on the number of firms and the population per square mile.

The Surrey Lawyer is one of the few organs that allow your Council Members to communicate with you. This is because the SRA has refused to part with the information they hold that would allow us to communicate directly with you. There seems no likely solution to this in the near future but the advent of MyLawSociety will enable all members in Surrey to customise the information that they need for the management of their practice and careers, update the information on Find a Solicitor - thus enabling them to attract more clients - and keep up-todate with developments that affect the profession or sections of it that you have an interest in. If you have not already done so, I earnestly ask that you take the time to create your profile on MyLawSociety; there is a helpful guide on YouTube.

Lastly, Sushila and I urge you to stay safe and well, to be alert to the impact that this pandemic has had and will have on you and your staff both mentally and physically and to feel free to contact us if there is anything that we can do for you. ■

REPORT

Surrey Junior Lawyers Division Report

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very junior lawyer should feel supported in the same way they work hard to support their clients and their employers. Surrey Junior Lawyers Division is here to help.

One of the best things about local JLD groups is being part of a community, so we are still running our Martin Whitehorn’s Cocoa With The Committee every fortnight to provide you the opportunity to connect and have a chat with your peers. Cocoa allows you to meet other junior lawyers, discuss career and professional development opportunities, updates in the world of law and more, all in a relaxed environment.

All you have to do to keep up to date with our events is send an email asking to be added to our mailing list to: surreyjuniorlawyersdivision@gmail.com.

The Law Society’s main Junior Lawyers Division has recently been holding a number of valuable careers forums for junior and aspiring solicitors. We are happy to discuss the various forum topics at Cocoa including: ■ Making an impact as you work from home ■ How to structure your career to become a judge ■ Becoming an in-house lawyer ■ How to fail – dealing with mistakes, bad feedback and ethics ■ Managing life away from your desk ■ Finding your voice – managing people and delegation We have also continued Martin’s Surrey JLD on Tour initiative (named by our Chair Yasmin Curry), meeting with other local JLD groups to share ideas, resources and explore how we can best provide mutual support. Since meeting with Cheltenham and Gloucester JLD and Hertfordshire JLD, we have met with JLD Berkshire, Buckinghamshire and Oxfordshire (pictured), Cardiff and South East Wales JLD, South Hampshire JLD, Cheshire and North Wales JLD, Manchester Young Solicitors Group,

Merseyside JLD, Sheffield JLD and Northants Bucks JLD. JLD Berks, Bucks & Oxon (JLD BB&O) is a prime example of how our JLD is working with other JLDs. When Martin got us enrolled on the University of Law’s virtual law fair on 23rd September, he asked if there would be a place for JLD BB&O, as Surrey JLD would be provided a virtual booth accessible to aspiring solicitors from both the Guildford and Reading campuses. It made sense for our friends at JLD BB&O to have a place on the law fair too and the invitation was duly extended to and gladly accepted by our neighbouring JLD. Both of our JLDs are keen to support not only junior lawyers but aspiring ones too. None of us had ready-made paths into law, so readily relate to the struggle to find a training contract. Do get in touch with any of your questions about progressing through the legal profession.

At the time of writing our elections are underway, with the deadline being midnight on 16th October. We look forward to welcoming our new committee members, including but not necessarily limited to: ■ Events Representative ■ Media & Communications Representative ■ Social Media & Publications Representative ■ Student Representative To apply, simply send an email telling us a little bit about you, which position you would like to apply for, why you want to be on the Surrey JLD committee and what you can add to the committee. Drop us a line to learn more about what it’s like to be on the committee and what the positions involve. ■

SURREYLAWYER | 17

FEATURE

Brexit How will Intellectual Property Rights change after the transition period?

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here are various European-wide systems currently in place for protecting intellectual property, particularly patents, trade marks and designs. This means that as the UK’s relationship with the EU changes after the Brexit transition period on 1 January 2021, the way in which intellectual property rights can be protected in Europe is also going to change, requiring a corresponding change in IP strategy.

As an initial point, it is important to mention that UK national rights will be unaffected by Brexit, whether they be for patents, trade marks or designs, as these are solely governed by national law.

Additionally, the UK will continue to be a contracting state to the European Patent Convention, which is not based on EU legislation. Thus, the existing European patent system will be unaffected by Brexit and so UK Patent Attorneys will continue to be able to file, prosecute, validate and oppose European patents for clients before the European Patent Office (EPO), as is the current practice. Therefore, owners of a European patent application do not have to take any action immediately following the end of the transition period.

However, a Unitary Patent system was proposed in 2013, which would enable a single validation at the EPO to cover all of the EU member states. The necessary agreements are not yet in force, but the UK government has indicated that they do not wish to be part of the intended system. It is not yet clear what effect this will have on the Unitary Patent system itself and the corresponding Unified Patent Court, but if this system does come into force, it will not provide protection in the UK. Pending applications for Supplementary Protection Certificates, which are based on EU regulation, will continue and can be granted after the end of the transition period. The relevant EU legislation will be retained in UK law and therefore there will be no significant changes in the short term.

18 | SURREYLAWYER

Trade marks and designs are more complicated, as the European systems for both are governed by EU legislation. After the end of the transition period, as would be expected, EU trade mark (EUTM) registrations, Registered Community Designs (RCDs) and Unregistered Community Designs (UCDs) will no longer provide protection in the UK. However, there will be no immediate loss of rights as a result of Brexit. Holders of a granted EUTM or RCD at the end of the transition period will automatically be given a fully equivalent UK right, which will retain the original filing, priority and seniority dates as the EU right. Similarly, holders of an UCD will automatically become the holder of an equivalent UK unregistered right affording the same level of protection for the remainder of the term. No action will be required by owners to obtain these new UK rights and no official fees will be payable.

Where an EUTM or an RCD has been applied for but not granted by the end of the transition period, applicants will have 9 months from the end of the transition period to reapply for the equivalent UK right and pay the necessary filing fees. It is therefore important to review any pending EUTM or RCD applications to determine whether any new equivalent UK right should be applied for during this period.

This means that European trade mark and design portfolios are likely to significantly increase in size automatically. The new UK rights will retain the same first renewal date as the original EU rights, but will require a separate renewal fee to be paid. It will be important to keep track of these new cases, to ensure that the UK protection does not accidentally lapse.

This duplication of rights also means that the strategy behind any contentious proceedings may need to be reconsidered. It has been confirmed that if an EU right is revoked due to a procedure that is pending at the end of the transition period, the newlycreated equivalent UK right will also be revoked. However, this is only applicable to the extent that the grounds of revocation of the EU right apply to the UK right. Additionally, if an action is started

FEATURE

after 1 January 2021, a separate action will be required to revoke the UK right.

It has also been confirmed that UK trade marks and other grounds that exist only in the UK will be disregarded during ongoing EUTM oppositions after the transition period. Thus, the arguments for a currently pending EUTM opposition that will be considered may change significantly and oppositions may be dismissed entirely if they are only based on UK rights.

Use or reputation in the EU before the end of the transition period will be sufficient to maintain the validity of the newlycreated UK mark initially. However, if the newly-created UK right is not used in the UK in the following five years, it will be open to an invalidity attack. Similarly, use or reputation in the UK before the end of the transition period is relevant to the validity of the EUTM, but use in the UK after the transition period will not be sufficient to maintain the validity of an EUTM. A number of EU rights and their newly created counterparts may, therefore, be open to new invalidity attacks in the years following the end of the transition period, which should be considered both in relation to portfolio management and any contentious proceedings.

Thus, the focus of contentious proceedings might change and separate proceedings against the newly-created UK rights may be required. Any current negotiation, dispute or opposition should, therefore, be reviewed to ensure that the situation will not materially change after 1 January 2021.

It is also worth reviewing any important IP agreements, particularly licenses, to ensure that the intended rights are maintained after Brexit. For example, reference to the EU may not be construed to cover the UK and references to the newlycreated UK rights may need to be included.

Additionally, pan-EU injunctions will no longer have an effect in the UK and so it may be necessary to bring proceedings in both the EU and the UK. However, any measures taken by an EU trade mark court before the end of the transition period will be enforceable in the UK against the newly-created UK right.

UK regulations have maintained the exhaustion of rights in the UK in relation to goods put on the market in the EEA. However, absent any agreement with the EU, there will be no reciprocal exhaustion of rights in the EEA for goods put on the market in the UK. Thus, there is a chance that UK rights owners will not be able to prevent parallel imports from the EEA but owners of rights in the EEA will be able to prevent parallel imports from the UK. Overall, Brexit should not cause any immediate loss of intellectual property rights and with careful management and a portfolio-wide overview, it will be possible to maintain existing protection with little additional cost. However, care will be required to ensure that parties are in the best position possible in relation to both their own rights and any contentious proceedings involving third party rights. ■

Jessica Fuller

Partner Brand Murray Fuller LLP Jessica.fuller@bmf-ip.com

Jessica Fuller

Join your colleagues to support access to justice in Surrey

M

any of us have found it hard in recent times to stay connected to our colleagues and keep that team spirit and camaraderie alive. Working from home means missing valuable face time with your colleagues, and there is only so much one can do over video call! One way to bring your team together is to get them involved in events where all can participate towards supporting a worthwhile cause. So why not get a team together to walk in the Guildford Legal Walk?

On Monday, September 28th, members of the legal community in Surrey will be taking part in the (socially distant) Guildford Legal Walk. London Legal Support Trust hosts this 10K sponsored walk that sees lawyers, judges, advice agencies, and more raise funds to support desperately needed free legal advice services.

The Law Society has named Surrey as one of the nation’s legal aid ‘deserts’ for all areas of social welfare law with a drastic shortage of legal aid for housing, community care, or any other social welfare areas of law. This means that the work that frontline free legal advice agencies do in Surrey is absolutely essential to people in need. High quality legal advice at the right time can turn lives around.

The COVID-19 pandemic and its effects have exacerbated these issues: the number of people seeking help with debt, benefits, employment, and domestic violence has increased dramatically since the start of the pandemic; and when the stay on evictions is lifted there will be a huge number of people facing homelessness.

The 2020 Guildford Legal Walk is designed to comply with all government regulations around social distancing.

Teams will walk in groups of 6 or fewer walkers. There will be no set start or end venue. Teams can join the route wherever and whenever is convenient for them. In addition to walkers walking the route, those who can't physically attend the walk are invited to join their team virtually and walk their 10k wherever they are. ■

To join the walk, visit: www.londonlegalsupporttrust.org.uk/our-events/walksin-the-south-east-2020/guildford-legal-walk-2020/

SURREYLAWYER | 19

FEATURE

COVID-19: Absences – a practical guide

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bsences relating to COVID-19 are becoming increasingly common and employers need to know how to deal with them before they occur.

Most businesses will have already taken steps to make the workplace safer and will have considered current staff levels.

They should now be considering how to deal with future absences relating to COVID-19, particularly for employees whose jobs cannot be carried out at home.

Local lockdowns, temporary school closures, individuals having to self-isolate or those in quarantine having returned from a holiday abroad are all possible scenarios.

Employers will need to be prepared to manage increased absence levels, possibly at very short notice, and consider whether they will continue to pay staff who cannot work. An employer is more likely to be sympathetic towards an employee who self-isolates because they develop symptoms, than an employee who quarantines after a holiday abroad.

Until 31 October 2020, employers may be able to deal with these absences by re-furloughing employees (provided they are eligible). But from 31 October 2020 furlough leave will not be available and so employees will only be entitled to be paid for such absences if they are eligible for SSP and/or contractual sick pay, agree to take holiday during the absence or their employer agrees to pay them*.

Set out below are some key questions for employers to consider: ■ Can employees who need to self-isolate work from home?

If so, great, its business as usual. If not, could the employer offer an alternative role for the period of self-isolation?

■ Will employees be entitled to Statutory Sick Pay (SSP)?

Those who are unable to work from home may be entitled to SSP under changes to the rules extending entitlement to eligible self-isolating employees. However, SSP will not always be available –currently it has not been extended to those who are required to quarantine after returning from abroad or those who chose to self-isolate because they consider themselves to be clinically vulnerable.

■ Should the employer extend contractual sick pay to those who are self-isolating? SSP is currently capped at a maximum £95.85 per week. This low amount and the fact that not every self-isolating employee will be eligible means that SSP is not an attractive option. This may risk an employee coming back to work prematurely or not self-isolating at all.

■ If contractual sick pay is extended, will there be limitations? For example, an employer may be reluctant to extend sick pay to an employee who needs to quarantine after a trip abroad, particularly if the employee was aware of the quarantine restrictions before they went away. If an employer is going to place exclusions on company sick pay, these should be communicated to staff in advance. From a practical point of view, the earlier an employee knows about an employer’s position, the easier it will be for them to plan and make changes to holidays.

20 | SURREYLAWYER

Helen Phillips ■ Can an employee’s pre-booked holiday dates be amended? Some employers will have carefully planned holiday to ensure staff levels remain consistent throughout the year or to coincide with business shut-downs, such as at Christmas. It will therefore not always be practical for an employee to take holiday at another time in the current leave year. Earlier this year the Working Time Regulations were amended to allow four weeks annual leave to be carried into future leave years if it is not reasonably practicable for an employee to take holiday in the current leave year because of the effects of COVID-19. The purpose of this amendment was to give businesses flexibility to deal with increased demand and disruption to their workforce and may be helpful in some limited circumstances.

■ What action will an employer take if an employee does not self-isolate in circumstances when they are required to do so? Failure to self-isolate could put others within the business at risk and should be dealt with in accordance with the employer’s disciplinary policy.

If an employee has raised concerns about returning to work, an employer should be extremely careful about forcing them to come back as doing so could give rise to employment tribunal claims. By way of example, an employee who has raised health and safety concerns about returning to work may be afforded additional protection under the whistleblowing regime.

Employers need to be clear about their approach to COVID-19 absences and carefully listen to any concerns raised by staff.

We recommend putting together a fact sheet, accessible to all staff, setting your policy on COVID-19 related absences at the earliest opportunity. ■

Helen Phillips

Director, JE Solicitors *Correct at the time of writing (15 September 2020).

Helen Phillips is a Director of JE Solicitors (formerly Just Employment Limited). The firm is a specialist employment law practice dealing with all aspects of employment law, established in Guildford over 20 years ago.

FEATURE

Stories from the pandemic Karen Grimm

This issue, Karen Grimm, SLS Committee Member and Senior Associate Solicitor at Morrisons Solicitors shares her own experiences of how the COVID-19 pandemic has impacted her life.

It’s the end of the world as we know it There is an R.E.M. song with the words “It’s the end of the world as we know it. Hmmm. Well, I guess that’s true and I don’t know about you but over the last six months or so I have had a lot of time to reflect.

Norman Charles Pearle said that “problems are to the mind, what exercise is to the muscles, they toughen and make you strong” and Shannah Kennedy says that “taking time out to see life from a different perspective” “can give us the energy and creativity to live life optimally”.

Amongst other things I have been reading Bear Grylls’ “A survival guide for life: How to achieve your goals, thrive in adversity and grow in character”, Ben Fogle’s “Up: My life’s journey to the top of Everest”, Shannah Kennedy’s “The life plan: Simple strategies for a meaningful life” and more recently Liggy Webb’s “Resilience”.

All are good reads and I can recommend them to you.

Like everyone else I have also been thinking about my physical and mental health of course. We all know how important it is to look after ourselves and our personal well-being. Like me I am sure that you have tried to keep your body well-nourished and hydrated by eating a balanced diet, consuming caffeine, sugar and alcohol in moderation and drinking at least eight glasses of water a day and I find that I am exercising more than before.

I have also been listening to lots of podcasts such as Dr. Rangan Chatterjee about all sorts of really interesting stuff.

Anyway, I would like to share a few of my thoughts with you about my observations and the lessons that I have learnt.

Aristotle said that knowing yourself is the beginning of all wisdom and I have found that I have been thinking a lot about my strengths, my weaknesses, and how I see myself.

People who know me will know that I am a half-glass-full kind of person and that I always try to maintain a positive outlook even during challenging times. I am not saying that the last few months have been easy and there have been many challenges but as Bear Grylls says “when you stand at the bottom of a mountain, you can rarely see a clear route to the top”. Thinking positively involves recognising the negative aspects of a situation and making a conscious decision to focus on the hope and opportunities presented by adopting a positive attitude. Shannah Kennedy says “your thoughts create your world”. I have been asking myself what I am doing, why I am doing it and how I am doing it. I have found new ways of doing things and ask myself why I have not done this before. I have had to adopt new and dare I say sometimes better and more efficient ways.

I have learnt that whilst I may not always be able to control what happens in my life I can control how I respond to situations. As well as examining my own reactions I have also observed other people’s emotional responses. I have tried to develop a better understanding of my emotional reactions to challenges and I have found that by doing so I am more empowered to cope with and manage the outcome of a situation.

Franklin D. Roosevelt said that “the only thing we have to fear is fear itself” and Charles Darwin said that “it’s not the strongest of species that survives, or the most intelligent, but rather the most adaptable to change”. So resilience you see is our ability to bend instead of breaking when we experience pressure and going into lockdown forced us all to do just that.

Personally, I have enjoyed the flexibility of working from home. I am more focused, feel more motivated, am more productive and I have an improved work-life balance. Of course we are all wired differently and working from home does not work for everyone.

The pandemic has forced us to challenge old ways of delivering legal services and find new and possibly even better ways of doing so.

I found that my greatest strength came from the people around me, namely my family, friends and colleagues. I have had my wobbly moments don’t get me wrong but I have found that simply being able to talk about a situation was tremendously helpful. How does that old saying go? – A problem shared is a problem halved. And conversely listening to other people’s experiences can be really helpful too. I must say that I continue to be amazed at how we have pulled together and supported each other in one way or another.

I think it was Winston Churchill who said that “If you are going through hell, keep going!”. Not that I think of this pandemic as hell but as I say it has not always been easy and you know what, I think it is okay to say that. Everyone has had their individual struggles. The key I think is to bounce back and get on with life as we now know it. I am aware that this is a time of enormous hardship for so many people in so many different ways but I also see it as a time of tremendous opportunities and change.

I have used this time to press the “reset” button, to create a personal vision of where I want to go and what I want to achieve by deciding what is really important to me.

So, what lessons have you learnt? What new opportunities have you discovered?

Thank you for indulging me. I do hope that you are keeping well or that perhaps you have found some comfort or even some inspiration in my words.

I would like to finish off with some words from Ben Fogle, if I may, who says “remember, you aren’t just a face in the crowd. You’re unique. Despite a planet of seven billion. There is no one else like you. Be comfortable with who you are. Don’t try and be what others want or expect you to be. Insecurity will creep up on you throughout life, try not to listen to it.”

P.S. Have you read “The Last Lecture” by Randy Pausch and Jeffrey Zaslow? I recommend it to you.

As the uncertainty of 2020 continues, we are pleased to hear your experiences of living through the pandemic. Please do send your stories to helen.opie@surreylawsociety.org.uk. ■

SURREYLAWYER | 21

INSIGHT

SLS Insight – with James Scozzi SURREY LAW SOCIETY What position do you hold within the SLS? Chair of Social Committee / Committee Member.

Why did you join the SLS Committee?

I wanted to give something back to the profession and quite unexpectedly, Sushila, who I had known for some time, suggested I come along to a committee meeting and see what it was all about. After two meetings I was hooked and it has now been a good few years in the SLS committee.

What do you enjoy most about being on the Committee?

I enjoy the ability to help the members and to formulate innovative ways of taking the Society forward. I have also made many good friends whilst being on the committee.

What was the biggest achievement of your Presidential Year?

My biggest achievement as President was bringing in the SLS Awards for the very first time. A lot of hard work was required by many in the committee and in particular by Helen, our CEO. The event was a huge success and it is now our flagship event every year.

What are you looking for in new Committee Members?

I am looking for people who are first and foremost innovative and have a hunger to make a difference.

Why would you encourage someone to join the SLS? I would encourage joining for many reasons. There is the opportunity to meet fellow professionals in the county, the ability to attend the courses that are part of our excellent training programme, the yearly go-karting event is very fun and surprisingly competitive and last but not least the chance for you and/or your firm to be recognised with an award at the SLS awards gala dinner.

THE PROFESSION When & why did you become interested in the law?

When I was about 14 my aunt, who was a lawyer in Italy, took me along on one of her cases. I was sitting in a court in Rome listening to lawyers argue and thought ‘that looks fun’ – and stuck to the idea of becoming a lawyer from that point onwards. I must admit, however, that I never expected to become a costs specialist.

What firm do you work at and what is your role there?

I work for a firm called Elite Law and I am the Managing Partner.

My firm undertakes various areas of Law but does specialise in Legal Costs.

What is a typical day for you at work?

If only there was such a thing as a typical day. Given my role, each day can be very different but I suppose for the most part I spend my time doing some fee earning work, dealing with compliance and dealing with the various issues that arise on any given day by any given Solicitor or department that requires my input.

22 | SURREYLAWYER

What is the most enjoyable part of your role?

Managing a team of excellent lawyers who more often than not surprise me … in a good way.

What’s been your most memorable career highlight to date?

A career highlight was making new law in the Court of Appeal in Messih v McMillan Williams. This established the principle that if Civil Procedure Rule 38.6 had been intended to create a general discretion as to costs on discontinuance, it would have said so.

What’s been the hardest challenge career-wise?

Setting up a Law Firm from scratch and growing it in accordance with the original plan.

What are the biggest challenges facing the legal profession in the next 10 years?

Automation and de-regularisation.

ABOUT YOU What’s your favourite film?

Godfather Part 2.

What did you want to be when you grew up?

Indiana Jones.

What would your autobiography be called?

Bonkers.

What would you do if you were invisible for a day?

Sleep, oh to sleep uninterrupted would be a wonderous thing.

If you could have dinner with anyone from history, who would it be?

Winston Churchill.

What’s a great book you’ve read recently?

The Devil in the Kitchen by Marco Pierre-White. I have a weird fascination with crazy chefs and Marco definitely fits the bill.

If you could be an Olympic athlete, in what sport would you compete and why?

Swimming because if I was allowed to throw anything like a javelin I would probably kill someone. In a pool I think the only life at risk would be mine!

What do you think is the greatest invention of all time and why?

The computer because without it there are so many things we would not have now including the ability to travel to space.

What is your favourite day of the week and why?

Sunday. It is the one day a week where, for the most part, I am not asked to do anything and can genuinely relax with my family. ■

ARTICLE

Mediation Post Coronavirus 2020

has been a rollercoaster of a year from mid-winter storms and flooding to the ever emerging threat of COVID-19, court closures and social distancing. In the wake of coronavirus Lord Burnett of Maldon, the Lord Chief Justice, has made it clear that the court system will never again operate as it did before.

Cases Post PGF II Litigation Solicitors will be fully familiar with PGF II. In the wake of Coronavirus, 3 further cases have come in quick succession penalising parties who failed to mediate, laying down a marker for more stringent times ahead. The Law Society commented that there is “a very real economic incentive for parties to say ‘yes’ to mediation, because the price of saying ‘no’ has become rather costly.”

Amidst the clamour for the revival of the sporting season another Football Club entered the legal arena only to receive a red card at the hands of the courts. Fortunately for southern football fans this was a more distant northern cousin.

PGF II was that to remain silent in the face of an offer to mediate is, absent exceptional circumstances, unreasonable conduct meriting a costs sanction, even in cases where mediation is unlikely to succeed. The message which the court sends out in this case is that in a case where bilateral negotiations fail but mediation is obviously appropriate, it behoves both parties to get on with it. If one party frustrates the process by delaying and dragging its feet for no good reason, that will merit a costs sanction. In the present case, the costs sanction was severe, but not so severe that this court should intervene.”

More sanctions for the unwary will certainly follow. It has become increasingly clear that judicial efforts to get parties to negotiate rather than litigate have moved away from the carrot towards the stick. Commentators have described it as a “relentless push towards mediation.”

Cabinet Office Guidance On 7 May 2020 the Cabinet Office issued Guidance directed at both public authorities and private enterprise as to the conduct it would expect in relation to contractual disputes in the wake of the coronavirus epidemic. Parties are specifically required to engage in “responsible and fair behaviour” which includes “requesting and responding to requests for mediation” (Para 15).

As the Directive further states at Para 17: “The Government would strongly encourage parties to seek to resolve any emerging contractual issues responsibly – through negotiation, mediation or other alternative or fast-track dispute resolution – before these escalate into formal intractable disputes.”

In DSN v Blackpool FC [2020] EWHC 670 (QB) which concerned a football scout Mr Justice Griffiths stated: “No defence, however strong, by itself justifies a failure to engage in any kind of alternative dispute resolution” echoing the words of the Court of Appeal in N J Rickard Limited v Holloway & Anor [2015] EWCA Civ (unreported) where the Court of Appeal observed that “no dispute was too intractable for mediation.”

DSN v Blackpool repeated the earlier observations of Sir Geoffrey Vos C in OMV Petrom SA v Glencore International AG [2017] EWCA Civ 195 at para 39 where he stated: “The regime of sanctions and rewards has been introduced to incentivise parties to behave reasonably, and if they do not, the court's powers can be expected to be used to their disadvantage.

The parties are obliged to conduct litigation collaboratively and to engage constructively in a settlement process.”

Likewise in BXB v Watch Tower [2020] EWHC 656 (QB) and Wales v CBRE Managed Services Ltd [2020] EWHC 1050 (Comm) cost sanctions were imposed for refusing and failing to mediate.

The tide is certainly turning strongly in favour of mediation as the go to platform for parties and solicitors and a number of commentators have referred to this being a watershed moment although the writing has been on the wall for some time.

There is both judicial and political will to bring about a new way of doing things whether through telephone or video hearings or pro-active encouragement of negotiation and ADR. His Honour Judge Bird said that parties will be expected to “make all sensible efforts” to avoid trial. Even Lord Neuberger of Abbotsbury appeared on Radio 4’s Today programme encouraging parties to mediate. We will all have to acclimatise to change and new working practices from Remote Hearings and Virtual Justice to Online Mediation.

Coronavirus has descended upon us clothed in a cape of fear and uncertainty, disruptive, climactic, foreboding, ushering in a sea of change but also promising opportunities for transformation.

Mediation may help you shoulder the burden of client needs and expectations and move forward to a brighter and more productive future. ■

Russell Evans

Mediator Mediation Expert of the Year in the United Kingdom – GAE Award 2020 Resolve UK, Ministry of Justice approved Mediation Provider

In Thakkar v Patel [2017] EWCA Civ 117 Lord Justice Jackson at para 31 stated: “The message which this court sent out in SURREYLAWYER | 23

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CONVEYANCING

Making the most of a buoyant property market

A

s the property market resumes following the gradual lifting of lockdown measures, figures from HM Revenue and Customs have shown that property sales rose by an incredible 15.6% in August accompanied by a significant increase in house prices1.

Although experts are predicting that the boom is not sustainable, current sales are also being boosted by the Stamp Duty holiday introduced by the Chancellor in July. This sees the stamp duty threshold increased to £500,000 until the end of March 2021.

First time buyers were already exempt from SDLT on property purchases up to £300,000, so this additional reduction, has definitely been designed to stimulate the overall market. And there’s certainly evidence that it’s playing a role in supporting house sales. Recent data has revealed that 13% of residential properties sold for above the initial asking price2.

Speeding up your SDLT and AP1 returns As a conveyancing search provider, Geodesys offers an Stamp Duty Land Tax (SDLT) solution, that is fully-integrated with the HMRC and HMLR. As part of our search ordering platform, the service allows you to quickly and securely submit SDLT returns from within the case file created when placing the original order for property searches.

But, perhaps more importantly, our SDLT service provides complete peace of mind, as the online returns process is fullycompliant with the Law Society’s Conveyancing Quality Scheme (CQS) and Core Practice Management Standards, providing automatic validation, review and full audit trail.

Benefits of using an integrated SDLT service: ■ SDLT and SP1 forms are pre-populated based on the information already stored in the Geodesys case file, alleviating the need for duplication when completing the AP1 form ■ Information is validated before submission to HMRC and HMLR. This allows you to correct any human errors which would result in rejection

■ The solution meets the Law Society CQS CPMS 1.2 requirement for an audit trail and third-party review process ■ Instant SDLT5 certification – no long turnaround times ■ Has a comprehensive GDPR toolkit allowing you to search, edit, export and mark to delete your client’s personal data.

■ Drafts can be saved at any time – no need to complete in one go ■ No training is required, and the submission can be made directly and securely from the Geodesys platform.

To help support our conveyancing customers, we are currently offering our simple and efficient SDLT service FREE OF CHARGE until 31 March 20213.

Johnny Davey, our Conveyancing Product Manager comments: “We are delighted that the property market is seeing considerable growth at the moment, following the substantial pause during lockdown. Thanks to our technology-based service, we as an organisation have been able to continue with business as usual throughout and we have a full customer services team in place to support clients. Now that the market bouncing back so rapidly, we are delighted to offer a little something back to our dedicated customers by offering our efficient SDLT service free of charge.

Our ordering process is very straightforward, so why not sign up and give it a go.”

The SDLT service is just one of a number of tools Geodesys offers to provide a seamless and compliant ordering process for property searches. To find out more about our SDLT and our full range of conveyancing services, please visit www.geodesys.com or email Kay Toon, our Key Account Manager at kay.toon@geodesys.com. ■ 1. The Times, 23 September 2020 2. NAEA Property 28 September 2020 3. Free of charge SDLT offer ends 31/03/2021

SURREYLAWYER | 25

AUCTIONEERS

Why sell a probate property at auction?

D

ealing with the estate of a loved one who has passed away is often a very sensitive issue. It can make all the difference ensuring that the disposal of any assets is made as simple and pain free as possible.

In our experience probate properties are particularly well-suited for sale by auction. Most people want to sell a property as quickly and efficiently as possible as taxes need to be paid and the beneficiaries share of the estate need to be settled.

Public auctions provide a strong selling platform offering complete transparency and fairness throughout the selling process. The principal of transparency of marketing and selling ensures that the executor has achieved the highest possible price in an open market competition.

Probate properties are also often in need of refurbishment and modernisation. Fixer-uppers always do well at auction, often selling well above guide price to buyers looking for renovation projects and the opportunity to add value. This is the key element to success at auction and furthermore, probate properties are often fresh to the market, adding to their appeal and ultimately the sale price.

Upon the fall of the Auctioneer’s gavel contracts are exchanged, and the buyer is obliged to pay a deposit of 10% on the day of the sale, with the remaining 90% payable 20 business days thereafter (unless varied within the Special Conditions of Sale).

This deposit is non-refundable and is held by the Auctioneers as stakeholder for the seller.

Any legal issues will be fully disclosed in the legal information pack well in advance. The availability of legal documents prior to the auction enable prospective purchasers to carry out their due diligence in order to make their best bid for the property on the day.

Ultimately a sale by auction provides a seller with certainty.

Contracts are exchanged on the fall of the gavel and is legallybinding for both parties. The process offers a high degree of security and transparency for the executor and beneficiary compared with other more traditional methods of sale.

As we know, executors have a duty of care and certain other responsibilities towards the beneficiaries named within a will.

For further information regarding Land & Property Auction please call Clive Emson Auctioneers on 01273 504232. â–

The Leading Independent Regional Land & Property Auctioneers Covering Southern England

DISCOVER a great way to buy and sell land and property

Our upcoming land and property auctions will be held online on:> 4th November - Catalogue available now : Bidding live from 2nd November > 16th December - Catalogue available from 27th November : Closing for entries 24th November Entries are continually invited. If you own a property or parcel of land which may be suitable for a sale by public auction please call us for a no obligation appraisal. Alternatively please complete the online form at www.cliveemson.co.uk/selling/ Clive Emson Auctioneers was founded in 1989 to supply a high profile auctioneering facility.

Selling by auction is often the BEST method of sale.

01273 504232 / cliveemson.co.uk / sussex@cliveemson.co.uk - Sept.indd 1 26Surrey | Lawyer SURREYLAWYER

Join us on:

23/09/20 10:32:32

LEGACIES

Help change an older person’s life G

rowing old doesn’t come with a manual and later life can be challenging for many people. Significant life events such as retirement, family moving away, bereavement as well as changes in health and mobility all have an impact on how we feel and cope. Every person and their situation will be unique. That is why we tailor our support holistically.

A gift to Age UK Surrey can help change an older person’s life

Having time and space to support people in moving forward with their lives, helping people to meet others really can make all the difference to someone’s life. We aim to reduce loneliness and social isolation, maintain people’s independence and improve health, wellbeing and resilience.

A gift to Age UK Surrey will help us deliver a range of one to one support services and group activities that:

Age UK Surrey is committed to being there for older people.

By leaving a gift in their Will to Age UK Surrey your client will be helping people who live in Surrey navigate the changes and challenges of later life.

01483 503414

enquiries@ageuksurrey.org.uk

www.ageuk.org.uk/surrey Charity No: 1036450

1SD0920

■ Provide practical support by helping people understand their options and entitlements through free, impartial and confidential advice on all issues such as housing, care and money.

■ Give people the gift of friendship and companionship by connecting and introducing them to others through our Befriending and Wellbeing services.

■ Help people remain healthy and connected and learn new skills through social activities, walks and tea and chat groups.

■ Enable people to remain independent at home by offering practical Help at Home support such as cleaning, shopping and gardening.

Age UK Surrey is a local independent charity. Monies gifted to us remain in Surrey which means that a gift will benefit a Surrey resident. Please refer to our charity as ‘Age UK Surrey’.

Registered charity number: 1036450. Thank you. ■ SURREYLAWYER | 27

LEGACIES

Angus A

t 16 years old, Angus the Jack Russell Terrier was the oldest resident at Dogs Trust Ilfracombe when he arrived after his owner sadly passed away. Thankfully his owner had signed up to Dog’s Trust’s Canine Care Card, a free service that aims to give owners peace of mind, knowing that Dogs Trust will look after their dog if the worst should happen.

He has now been rehomed to the perfect family where he will spend his golden years!

Elise Watson, Rehoming Centre Manager at Dogs Trust Ilfracombe, said: “Many dog owners worry what might happen to their dog if they were to pass away first, leaving their beloved four-legged friend without an owner. However, the Canine Care Card scheme offers reassurance to dog owners, and also helps to ease the minds of friends and family during what is already a distressing time. But it means you can rest in the knowledge that your dog will be cared for after you die and just like Angus, will go on to find loving homes that are right for them.”

Canine Care Card holders receive 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.

Dogs Trust works hard to match every dog with a responsible, loving home. If for any reason a dog takes a while to be rehomed, owners can rest assured that Dogs Trust never puts a healthy dog to sleep and will care for them for the rest of their lives.

If you would like to request Canine Care Card forms that you can give out to your clients please call 020 7837 0006 or email ccc@dogstrust.org.uk and quote code 334582. ■

Who’ll keep him happy when your client’s gone?

We will – as long as your client has a Canine Care Card. It’s a FREE service from Dogs Trust that guarantees a bereaved dog a home for life.

At Dogs Trust, we never put down a healthy dog. We’ll care for them at one of our 20 rehoming centres, located around the UK. One in every four of your clients has a canine companion. Naturally they’ll want to make provision for their faithful friend. And now you can help them at absolutely no cost. So contact us today for your FREE pack of Canine Care Card leaflets - and make a dog-lover happy.

Call

020 7837 0006

Or e-mail

today

ccc@dogstrust.org.uk

Or write to: Freepost RTJA-SRXG-AZUL, Dogs Trust, Clarissa Baldwin House, 17 Wakley Street, London EC1V 7RQ (no stamp required) Please quote “334362”. All information will be treated as strictly confidential.

This service is currently only available for residents of the UK, Ireland, Channel Islands & the Isle of Man

www.dogstrust.org.uk Registered Charity Numbers: 227523 & SC037843

28 | SURREYLAWYER

LEGACIES

Supporting children with cancer through adversity M

omentum Children’s Charity supports families across South West London, Surrey and West Sussex whose children are facing cancer or a life-challenging condition.

They provide personally tailored support to the entire family, both in hospital and at home, through counselling, creative therapies, special experiences, respite breaks and children’s ward refurbishments.

As a result of the Coronavirus pandemic, Momentum, like many organisations, has had to deal with cancelled events and fundraising activities, meaning a big drop in income. They’ve also found themselves unable to continue their vital face to face support services in line with government guidance on social distancing.

But Coronavirus hasn’t stopped children being diagnosed with cancer or a life-challenging condition. The pandemic has simply added a new level of fear and anxiety for those with a vulnerable or immunocompromised child. It has forced families apart at a time when they need each other most.

That’s why Momentum Children’s Charity has been rapidly adapting to ensure they can continue supporting families who need them. Instead of face to face contact in hospital and family homes, their specialist Family Support Workers have been supporting families via phone, email, Skype and text.

Their regular character visits – which brighten up the day for sick children – have continued virtually. Online tutoring services have been provided for isolating children missing out on vital education, and specialist one-to-one counselling has moved online and extended to grandparents who are feeling worried about their family and own health.

There is no denying that it’s been a tough few months and there will be a rocky road ahead but, as their name suggests, the charity are committed to maintaining momentum and will continue to stand by the local community to ensure that no family with a seriously-ill child has to cope alone.

Momentum Children’s Charity can’t do what they do without the generous support of the community. If your organisation would like to help them continue their vital services, please visit www.moment-um.org or email fundraising@moment-um.org ■

SURREYLAWYER | 29

LEGACIES

Bringing together your clients with local causes that matter to them

L

eaving a legacy gift to local causes is often important to those considering making a bequest, but with 6,000 charities and community groups in Surrey alone, it can be difficult to make a choice that supports the area of interest your client is most passionate about.

The Community Foundation for Surrey is an independent charitable foundation, that brings together local donors with those providing positive solutions to the many challenges within our communities.

As a result of the generosity of Surrey residents, through both living gifts and legacy gifts, the Community Foundation has awarded close to £15 million in grants to inspirational local charities and community groups since establishing in 2005. All donations are directed towards the most urgent needs across our county, to make a real and lasting difference to the lives of local people.

Our committed and supportive team will work with your client to help establish their wishes for a gift in their will – for example, to donate to charities in a particular borough of the county, or to an area of interest such as mental health or young people. We will ensure their gift will be looked after for the long term, including the option to create an invested endowment fund to allow your

Together we can help advise your clients on their local giving

client’s legacy to continue long into the future through their own named charitable fund. These funds will be managed in accordance with the expressed wishes of the donor.

The Community Foundation also offers peace of mind to you and your client that appropriate due diligence will be conducted on any charity prior to a donation being made, and that if a named charity has ceased to exist when the legacy gift is released, the donation will be distributed to similar good causes working in the specified area.

With charitable legacies growing each year, this is an important subject for many families when forming their wills. It is already predicted that by 2050, the UK legacy market with have grown to over £5 billion.

The Community Foundation for Surrey would be delighted to work with you to support and advise your local clients. From a bespoke solution to a number of collective giving funds across the county, we can help ensure that donations go to where they are most needed at the time the gift is released.

Together we can help advise your clients on their legacy gift and local giving. Please contact us on 01483 478092 or at www.cfsurrey.org.uk. ■

■ Philanthropy advice to help your clients connect with local good causes ■ Legacy gifts to local charities ■ Long-term invested charitable endowment funds ■ Benefit from our expert knowledge of thousands of Surrey charities The Community Foundation for Surrey is an independent foundation which, for over 15 years, has been bringing together those within the county in a position to give with those acting to provide positive solutions in our communities.

We connect donors with Surrey charities and community groups providing vital services for local people, offering them a vehicle for their giving which enables them to make grants to the causes they are most passionate about.

01483 478092 | www.cfsurrey.org.uk Company Registration No. 5442921 | Charity Registration No. 1111600

30 | SURREYLAWYER

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