Middlesex Law Society official magazine Spring 2015

Spring 2015

The BILL of

Middlesex Official journal of the Middlesex Law Society

Sponsors this edition

Inside this issue: › Residential › The relevance Conveyancing, Elliott Vigar (cover story)

of Magna Carta?

› Book Reviews

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introduction

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

Contents 5 21

ADVERTISING AND FEATURES EDITOR Anna Woodhams DESIGN AND PRODUCTION MANAGER Neil Lloyd ACCOUNTS DIRECTOR Joanne Casey MEDIA No. 1400 EDITOR Darrell Webb PUBLISHED February 2015 – © Bill of Middlesex - Benham Publishing LEGAL NOTICE © Benham Publishing.

None of the editorial or photographs may be reproduced without prior written permission from the publishers. Benham Publishing would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of Benham Publishing. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press.

6 12 23

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

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

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

28

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

COVER IMAGE Elliott Vigar, CEO of Veyo

Copy Deadlines 2015 Summer Autumn Winter Spring

21st April 2015 23rd July 2015 23rd October 2015 23rd January 2016

Anyone wishing to advertise or submit editorial for publication in the Bill of Middlesex please contact Anna Woodhams, before copy deadline.

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

19 32 5

INTRODUCTION

6

LOCAL NEWS

26 PRACTICE MANAGEMENT

12 PROFESSIONAL ISSUES

28 BOOK REVIEWS

16 SOCIAL EVENTS

30 PROFESSIONAL PRACTICE

20 EDUCATION

32 ADVENTURES IN THEATRELAND

22 RESIDENTIAL CONVEYANCING

34 MANAGEMENT

The Bill of Middlesex 3

officers COMMITTEE MEMBERS Immediate Past President: DARRELL WEBB

OFFICERS FOR 2015/2016

PAST PRESIDENTS R Garrod, J A S Nicholls, R C Politeyan, J Aylett, K Goodacre, H J B Cockshutt, W Gillham, L Lane Heardman,

Bolt Burdon Solicitors

D Grove, L A Darke, C Beety, Mrs L E Vickers, H Hodge,

Providence House, Providence Place, Islington N1 0NT

E G B Taylor, A A M Wheatley, A H Kurtz, M J S Doran,

(020 7288 4795) (DX 122237 Upper Islington)

H B Matthissen, G Parkinson, HHJ R D Connor,

e-mail: darrellwebb@boltburdon.co.uk

A Bates, J J Copeman-Hill, D B Kennett-Brown,

GURMEET KHARAUD

Alexis Ash of Iliffes Booth Bennett Solicitors

A M Harvey, H R Hodge, G R Stephenson, B S Regler,

Fort & Co. Solicitors

Capital Court, 30 Windsor Street, Uxbridge UB8 1AB

W J C Berry, AS Atchison, L M Oliver,

(08456 381 381) (DX 45105 Uxbridge)

S W Booth, D D P Debidin, R E J Hansom, E H Lock,

President:

Saunders House, 52-53 The Mall, Ealing W5 3TA (01753 691224) (DX 5119 Ealing)

S B Hammett, Miss F A Shakespear, HHJ P E Copley,

e-mail: alexis.ash@ibblaw.co.uk

e-mail: gk@fortsolicitors.com

Mrs A Taylor, Mrs N Desor, Ms M Hutchinson, M Guyer, R S Drepaul, A Sriharan, Ms M Fernandes

Vice Presidents: ALAN WILLIAMS 59 St Marys Road, Ealing W5 5RG (07973 622312)

Sundeep Bhatia of Beaumonde Law Practice Evans House, 107 Marsh Road, Pinner HA5 5PA (0220 8868 1614) e-mail: sundeep.bhatia@beaumonde-law.co.uk

e-mail: creativewit@tiscali.co.uk Nirmala Chandrasena of Chands Solicitors Honorary Secretary

145 Cannonbury Avenue, Pinner, Middx HA5 1TR

MAURICE GUYER

(020 8933 8332) (DX 48001 Rayners Lane)

Vickers & Co.

e-mail: n.chandrasena@btinternet.com

A Darlington, S Chhokar, Ms M Crowley, Professor M Davies, S Hobbs, Mrs R Sriharan, Mrs S Scott Hunt, D Webb.

AGM Wednesday 18 March 2015

PARLIAMENTARY LIAISON

183 Uxbridge Road, Ealing W13 9AA (020 8579 2559) (DX 5104 Ealing)

Professor Malcolm Davies

e-mail: mguyer@vickers-solicitors.co.uk

Head of Ealing Law School

Michael Garson

University of West London Honorary Treasurer: LAURA VIRCAN Desor & Co.

St. Marys Road, Ealing W 5RF (020 8231 2226) e-mail: malcolm.davies@tvu.ac.uk

768 Uxbridge Road, Hayes, UB4 0RU (020 8569 0708) (DX 44657 Hayes 1 Middlesex) e-mail: laura@desorandco.co.uk

Hardeep Dhillon of Desor & Co, 768 Uxbridge Road, Hayes, UB4 0RU (020 8569 0708) (DX 44657 Hayes 1 Middlesex)

Honorary Social Secretary:

e-mail: hardeep@desorandco.co.uk

ALAN WILLIAMS 59 St Marys Road, Ealing W5 5RG

Stephen Hodgson

(07973 622312)

Lecturer in Law, Ealing Law School

e-mail: creativewit@tiscali.co.uk

University of West London St Marys Road, Ealing W5 5RF

Honorary Membership Secretary: SUSAN SCOTT-HUNT

(020 8231 2406) e-mail: stephen.hodgson@uwl.ac.uk

Principal Lecturer in Law, Middlesex University The Burroughs, Hendon NW4 4BT (020 8411 6019) e-mail: s.scott-hunt@mdx.ac.uk

Maralyn Hutchinson of Kagan Moss 22 The Causeway, Teddington, Middx TW11 0HF (020 8977 6633) (DX 35250 Teddington)

Council Members for the Middlesex Area:

e-mail: maralyn.hutchinson@kaganmoss.co.uk

Central & South Middlesex Michael Garson

Fahmy Mohamed of Vincent Solicitors

Kagan Moss

11-13 South Road, Southall, UB1 1SU

22 The Causeway, Teddington TW11 0HF

(020 8574 0666)

(020 8977 6633) (DX 35250 Teddington)

e-mail: fahmy@vincentsolicitors.com

e-mail: michael.garson@kaganmoss.co.uk Ariya Sriharan of Sriharans North Middlesex

223 The Broadway, Southall UB1 1ND

Michael Singleton

(020 8843 9974) (DX 119583 Southall 3)

Singletons Austin Ryder

e-mail: info@sriharanssolicitors.co.uk

2 Crossfield Chambers, Gladbeck Way, Enfield EN2 7HT (020 8367 0387) (DX 90604 Enfield) e-mail: michael.singleton@singletonsuk.com The Law Society Greater London Regional Office,

Renuka Sriharan of Sriharans 223 The Broadway, Southall UB1 1ND (020 8843 9974) (DX 119583 Southall 3) e-mail: info@sriharanssolicitors.co.uk

The Law Society, 113 Chancery Lane, London WC2A 1PL

Elisabeth van der Weit of Hameed & Co.

(020 7316 5554) (DX 56 London/Chancery Lane)

4 Grand Parade, Forty Avenue, Wembley Park, HA9 9JS

Regional Manager: Mark Hudson

(020 8904 4900)

e-mail: mark.hudson@lawsociety.org.uk

e-mail: hameed@hameed.plus.com

4 The Bill of Middlesex

www.middlesex-law.co.uk

introduction

President’s Review On the 14th January 2015 I attended a SAALS meeting at Chancery Lane.

Middlesex Law Society had been invited to join the Southern Areas Associations of Local Law Societies and our membership was being considered. I was asked to talk about my thoughts on why Middlesex Law Society should join SAALS and our application was put to the committee, whilst I was invited to wait outside the chamber for a decision.

After waiting a while I was invited back into the room and was informed that we were duly invited to join SAALS, which should not only strengthen our society but also our important links with all other local law societies in the south.

I was pleased to learn of some of the important activities and events run by other societies and how they manage and organize, annual events and retain membership for future growth which is

the lifeblood of our society. Membership figures of the other societies was I am very pleased to report stable particularly through the volatile times of the past four years and one had increased by some 200 members since they last reported back to the SAALS committee. a busier period of growth for our members and our society in 2015.

The Middlesex Law Societies Past New Year has come and gone and Presidents Dinner took place on 30th spring is now quickly upon us, I would January 2015 at the OGNISKO like to thank all of our membership and restaurant in South Kensington. The committee for their continued support. event was attended by the President of the Law Society Andrew Caplan and his wife. I can report it was a very successful evening for our society and with many of our learned and distinguished past presidents in attendance, a lot of our conversations where about the changing futures of our legal system and also now

Kind Regards, GURMEET KHARAUD President, Middlesex Law Society e-mail: gk@fortsolicitors.com

Middlesex Law Society (est. 1959)

A P P L I C AT I O N

for

MEMBERSHIP

Surname _______________________________________________________________________________________________________________ Mr / Mrs / Miss / Ms Forenames _______________________________________________________________________________________________________________________________ Name of Firm or Organisation ______________________________________________________________________________________________________________ Postal Address or DX no: __________________________________________________________________________________________________________________ Telephone ________________________________________________________________________________________________________________________________

Email ____________________________________________________________________________________________________________________________________ Status & Area of Work _______________________________________________ Date of Admission _____________________________________________________ Would you be interested in joining the Committee? Yes/No I wish to apply for FULL/FIRM/ACADEMIC/ASSOCIATE/STUDENT (YMG) membership of the Society (see below for details) I enclose herewith my cheque for £ _________ for the current year, made payable to "Middlesex Law Society" Signature ____________________________________________________________ Date _______________________________________________________________ Subscription Rates: £50.00 per annum (more than 3 years admission) Full Individual Membership: £30.00 per annum (less than 3 years admission) Partners/Solicitors 2-5 £125 per annum 6-10 £250 per annum more than 10 £500 per annum Firm Membership: £200 per annum Academic Law Departments: £15.00 per annum (Trainee Solicitors, ILEX members, Paralegals) Associate Membership: £5 per annum (Young Members Group) Students: Please return completed form and remittance to: The Membership Secretary, Middlesex Law Society, Susan Scott-Hunt, Middlesex University, The Burroughs, Hendon NW4 4BT

Tel: 020 8411 6019 e-mail: s.scott-hunt@mdx.ac.uk

The Bill of Middlesex 5

local news

Is the holiday pay ruling going to cripple employers?

JANE CROSBY FROM LAW FIRM HART BROWN LOOKS AT THE LANDMARK EMPLOYMENT APPEAL TRIBUNAL WHICH HAS GIVEN EMPLOYEES THE RIGHT TO HAVE THEIR OVERTIME RATE FACTORED IN WHEN CALCULATING HOW MUCH HOLIDAY PAY THEY SHOULD RECEIVE. On the 4th November the Employment Appeal Tribunal finally ruled in the cases of Wood & Others v Hertel (UK) Limited and Fulton v Bear Scotland Ltd & others relating to the UK’s interpretation of the European Directive on the issue of whether non guaranteed overtime should be included in holiday pay. It has already been determined in the case of Lock v British Gas Trading Ltd that commission payments should be taken into account when calculating statutory holiday pay so this is another setback for employers.

In a comprehensive judgment the EAT has decided in favour of the workers that normal holiday pay will include non guaranteed overtime and payments for travel time which is paid for by the employer which may also be included in the calculation.

Currently employers have been paying holiday pay which is based on an employee’s basic pay but this will need to

change after this ruling and at present the calculation will only cover the four week period under European Law and not the 5.6 weeks under UK law.

Government and business to discuss how we can limit the impact on business. The group will convene shortly to discuss the judgment.”

A worker is currently entitled to raise a claim but must do so within 3 months from the date of the unlawful deduction but there has been concern that this ruling may mean claims could potentially go back to 1998 when the Working Time Regulations first took effect. Also workers may be able to able to bring a contractual claim in the civil courts for underpayments up to six years.

Unions are in support of the decision as many of their workers regularly do voluntary overtime and this decision will mean that they will not be penalised in the future if they take holiday.

This judgment could mean a tidal wave of backdated holiday pay claims and the Government is obviously very concerned about the impact of the judgment because Vince Cable has said, “Government will review the judgment in detail as a matter of urgency. To properly understand the financial exposure employers face, we have set up a taskforce of representatives from

It is not the end of the story because this decision may be appealed to the Court of Appeal as leave to appeal has been granted by the Employment Appeal Tribunal, but Employers should urgently review their contracts of employment and also consider their potential exposure by acting now to minimise the impact of this decision. It is difficult to judge the impact on employers at this stage but claims could run into millions of pounds which would have a significant impact on small businesses who often don’t have the resources to challenge such claims.

Hart Brown’s experts appointed to two specialist panels FIRM’S EXPERTISE IN DEALING WITH SERIOUS INJURY CLAIMS RECOGNISED WITH APPOINTMENTS TO AvMA AND HEADWAY. Marek Bednarczyk, a partner at Hart Brown since 1995, specialising in personal injury and clinical negligence, begins another 5 years on the AvMA Panel (Action Against Medical Accidents). AvMA is a charitable organisation who help people that have suffered an injury from a medical accident, by providing free and confidential advice and support. Marek has also been a long standing member of the Law Society/SRA Clinical Negligence Panel and has worked for many years dealing with legal aid appeals for the Legal Aid Agency (LAA) an organisation charged with the administration of legal aid. He has been a member of the Association of Personal Injury Lawyers (APIL) for nearly 20 years and is an accredited APIL Senior Litigator.

6 The Bill of Middlesex

It’s also been confirmed that Hart Brown has also been accepted onto the Headway Panel, in recognition of the work undertaken

by Marek and his colleague Caroline Kerr, an Associate at Hart Brown. Headway is a charity who help people who have suffered brain injury through personal injury or medical accident. Caroline originally qualified and worked as a doctor, later retraining as a solicitor. She has a Masters degree in Medical Law and Ethics and is a litigator member of APIL (the Association of Personal Injury Lawyers). She is also a member of The Law Society's Personal Injury Panel. Her background means that not only does she have a real understanding of a wide range of injuries and conditions and their complications but also she has practical experience of what

happens on a day to day basis in hospitals which is particularly useful when dealing with medical negligence claims.

Involving a tough selection process both of these panel acceptances highlight the expertise of the team when it comes to dealing with serious injury claims. It is important that just and fair settlements are obtained for seriously injured people and also for patients and their families when something goes wrong. Obtaining the right help from the right firm will make that possible, members of the public can therefore be reassured that they will get the specialist care they need from accredited firms like Hart Brown.

local news

Quinton Quayle named new IPS chair Former British Ambassador, and member of the Queen's Counsel Appointments Panel, Quinton Quayle has been named as the new chair of ILEX Professional Standards (IPS), the regulator for Chartered Legal Executive lawyers and members of the Chartered Institute of Legal Executives (CILEx).

Quinton said: "I am delighted to be taking up the Chair of IPS in June as it moves into an exciting new period in its development. IPS has chalked up some impressive achievements under Alan Kershaw who has chaired the board with distinction over the past seven years. I look forward to working with other members of the IPS board, with the IPS executive and with CILEx to build on the good progress that has been made."

Quinton will oversee the work of IPS as it regulates specialist legal businesses and legal professionals authorised for the new suite of practice rights. He will take up post on 1 June 2015 following the conclusion of Alan Kershaw’s term of office.

CILEx president Frances Edwards warmly welcomed the appointment, saying: “I am thrilled Quinton will be joining IPS, and I greatly look forward to working with him in his new role. The regulatory landscape has been changing fast in recent years, and CILEx members have been at the forefront of

outcomes-focused regulation and a fresh approach to CPD. Many more changes are to come, and I have no doubt both CILEx members and IPS will benefit from Quinton’s experience and expertise.”

Biography Quinton is a former British diplomat.

Educated at Bromsgrove School, the Humphry Davy Grammar School, Penzance and at the University of Bristol, Quinton entered the Foreign Office in 1977 and studied Thai at the School of Oriental and African Studies, University of London.

Quinton served as British Ambassador to Romania from 2002 to 2006, and as Ambassador to Thailand from 2007 to 2010.

In both countries, he focussed on promoting commercial links with Britain, building on expertise previously gained as International Director of UK Trade and Investment (UKTI) and at Price Waterhouse Management Consultants and VT Group.

Pictured: Quinton Quayle, Chair of ILEX Professional Standards (IPS)

Since retiring from the Diplomatic Service, Quinton has specialised in self-regulation. He sits on the Governing Council of the Nursing and Midwifery Council (NMC), the Institute of Chartered Accountants of Scotland (ICAS) and the Regulation Board of the Royal Institution of Chartered Surveyors (RICS). He is also a member of the Queen's Counsel Appointments Panel and the HS2 Exceptional Hardship Panel. He regularly travels to South East Asia where he acts as an Adviser to Prudential, De La Rue, Sindicatum Sustainable Resources, Salamander Energy and Thai Beverages.

Quinton lives in the Cotswolds and is married to Alison Quayle, a professional translator.

They have two sons, Christopher and Alexander.

GLYN MORRIS ANNOUNCED AS CHIEF EXECUTIVE OF THE LSSA (LEGAL SOFTWARE SUPPLIERS ASSOCIATION) The LSSA announces that Glyn Morris will take over as Chief Executive on 30th June 2015 when the current Chief Executive Roger Hancock retires.

"I’ve thoroughly enjoyed my time as Chief Executive of the LSSA" says Roger Hancock. “It’s time for me to hand over the reins after an eighteen year tenure, and I can’t imagine a better person to take over than Glyn."

"I’m delighted to be taking over as Chief Executive of the LSSA on 30th June. Roger Hancock will be an almost impossible act to follow. To many Roger has been ‘Mr LSSA’ and the organisation owes him a huge debt of gratitude for his inspirational guidance over his tenure." comments Glyn Morris.

“I am looking forward to helping the Association with the hurdles of a changing legal market and the rapid rate of change required to accommodate the new technical and commercial realities of the next few years."

The LSSA is responsible for setting and maintaining professional standards within the legal software industry, and also manages areas of mutual interest between lawyers and software providers. The LSSA also has links with a number of legislative bodies - including the Land Registry, HMRC, The Law Society, the Court Service and the LAA - and is committed to developing clear channels of communication so that law firms can gain the maximum benefit from their selected software solutions.

The Bill of Middlesex 7

local news

Hospital treatment: a risky business?

IN THE LIGHT OF THE RECENT HEADLINE NEWS STORY ON THE DISMISSAL OF CONSULTANT PAUL MILLER AT EAST SURREY HOSPITAL MAREK BEDNARCZYK A PARTNER AT LAW FIRM HART BROWN LOOKS AT THE LAW IN RELATION TO MAKING CLINICAL NEGLIGENCE CLAIMS. One dramatic headline in the local press recently stated: “Twelve hundred victims of cancer may have been mistreated”. Reports stated that the former consultant urologist at East Surrey Hospital, Paul Miller, was suspended last year following concerns being raised about his treatment of cancer patients. It was also reported by the BBC and others that East Surrey Hospital had written to 27 patients stating that Mr Miller’s treatment of them had caused them harm.

Reports indicate that five patients have died and so the letters relating to those patients will have been sent to their families.

East Surrey Hospital apparently has stated that compensation will be considered.

In many cases where clinicians have failed to provide a satisfactory standard of service a member of the public may have to take a number of steps before compensation is even considered.

Not all cases where poor outcomes are seen will result in a claim. Negligence (sub standard treatment) needs to be established.

However, evidence of negligence alone is not enough to allow a claim to succeed. The negligence has to be shown to have caused or materially contributed to the claimant suffering an injury.

Most cases require independent expert evidence to support a claim. Indeed, defendants will seek to get experts to support them in defending cases. A judge at trial may therefore have to decide whether the claimant’s experts are right or whether the views of the defendant’s experts are to be preferred.

In the light of the press reports it looks as if the 27 patients to whom East Surrey Hospital have written may not have to prove that Mr Miller’s treatment was substandard. Indeed, East Surrey Hospital may also be agreeing in principle that some harm has arisen as a result of that substandard treatment.

However, the extent of harm will need to be assessed as that will form the foundation for a claim for compensation. In simple terms cases where the harm caused is great will result in higher levels of compensation.

However, the assessment of compensation is another potential minefield and expert

8 The Bill of Middlesex

legal advice should be sought.

It is not unknown to see initial offers from defendants which frankly are very low and which can be significantly bettered if the right advice is obtained. Indeed, in the vast majority of Hart Brown’s cases we have significantly improved on the first offer advanced by a defendant.

Sadly monetary compensation cannot truly compensate

It is perhaps to East Surrey Hospital’s credit that they have been open about this issue and have written to Mr Miller’s patients to say that his treatment of them has been found wanting and indicating that compensation will be considered. Of course, for the surviving patients their priority will be to ensure that they receive appropriate treatment for the future.

It is also important that just and fair settlements are obtained for these patients and their families. Obtaining the right help from the right lawyer will make that possible.

individuals for their loss. Most claimants seeking compensation for clinical negligence would much prefer to have their health restored rather then get a large payment.

Nonetheless, a poor settlement of such a claim is simply adding salt to the wound and getting expert legal advice is the way to avoid this outcome.

Clever Accountants for Business

How do you choose the right lawyer?

Personal recommendations can be very helpful. There are however some other things that can be considered when trying to choose the right lawyer. Membership of the Law Society’s Clinical Negligence Panel or membership of the Panel set up by Action against Medical Accidents (AvMA) will provide a significant degree of reassurance for potential clients.

Most solicitors undertaking this type of work will also consider working for a client on a “no win no fee” basis.

Barnes Roffe is one of the UK’s top 50 accountancy firms providing audit and assurance, consulting, financial advisory, risk management and tax services to owner managed businesses across the South East of England.

We offer top class technical advice to our clients and take a really “hands on” approach in dealing with our clients’ needs. Our backbone of strong professional accounting and tax partners go out of their way to regularly meet all their clients, no matter how large or small. By maintaining this close contact, we can really get involved in our clients’ businesses and make suggestions which are relevant to their individual circumstances and aspirations.

We believe this personal approach is key to ensuring that we are able to provide a proactive and creative accountancy, audit and tax service led by our most experienced people.

3 Brook Business Centre, Cowley Mill Road, Uxbridge, Middlesex, UB8 2FX

Telephone: 01895 256423 Fax: 01895 274107

www.barnesroffe.com

local news

The Bill of Middlesex 9

local news

From the President

To Presidents and Secretaries of Local Law Societies

2 February 2015

Dear Colleagues Court fees – supporting members’ involvement As mentioned in my letter last week, we are now ramping up our activity on court fees and I would like to ask for your help in encouraging your members to get involved.

We are encouraging the profession to get involved in a number of ways: Writing to their MP using our template letter, adding in their own concerns http://www.lawsociety.org.uk/policy-campaigns/articles/court-fee-increases/ Completing our survey to help us gather evidence of the potential impacts https://www.research.net/r/court-fees Using the twitter hashtag #courtfees to join the conversation.

If you are able to let your members know about these activities, I would very much appreciate it.

What we’ve been doing You may have seen our comment in the Guardian on Friday. http://www.theguardian.com/law/2015/jan/30/labour-pledges-review-legal-aid-cuts-sadiqkhan?utm_source=lawyers-online.net You can read our full statement on court fees here: http://www.lawsociety.org.uk/news/press-releases/civil-court-fee-hikes-spell-disaster-for-access-to-justice/ We are also working with like minded organisations on joint activity around the issue.

I will keep you updated as the campaign progresses.

Judicial Review To update you briefly on another issue, we made further submissions to our judicial review of the Lord Chancellor’s decision to issue a criminal legal aid duty contracts tender. We outlined two central flaws in the Government’s decision.

You can read the document here: http://www.lawsociety.org.uk/news/stories/duty-contracts-judicial-review-additional-information-sought-bycourt/#sthash.240MWDoo.dpuf We expect to hear the result next month and will keep you informed.

Yours sincerely

Andrew Caplen President Direct Line: 020 7320 5808 Direct Fax: 020 7320 5759 Andrew.caplen@lawsociety.org.uk

10 The Bill of Middlesex

local news

professional issues

Whose Magna Carta are we talking about?

We are justly proud of our democratic and justice system, built up from the original Magna Carta 800 years ago. Does it cover all of us in the 21st Century?

The rule of law is central to our entire legal system, and without it lawyers would have no structure in which to further the cases of our clients, there would be no justice, none of present day rights. As justice rights are reduced in England & Wales for example, the cuts in legal aid, and the reduction in access to judicial review proceedings, is the very core of the Magna Carta under attack?

Do we deny liberty to those who cannot afford to pay for representation?

CWHLS will celebrate the 800th anniversary of the Magna Carta in our own event on 1st May, with a seminar organised by the CWHLS International

12 The Bill of Middlesex

Committee. We will examine the relevance of the Magna Carta in the 21st Century with our international guests from CWHLS twinned bar associations: the Berlin Bar and the Barcelona Bar. The event is an international seminar organised for the morning after the CWHLS annual dinner and it is open to all.

The venue will be 1, The Sanctuary, a unique and historic venue, which takes its name from the right of sanctuary within the confines of Westminster Abbey founded by Edward the Confessor. The right of sanctuary illustrates the need for a justice system, which was developed later with the Magna Carta. The preservation of life, liberty and property established within the Magna Carta is the foundation of current day justice. How relevant is the Magna Carta for European lawyers, and what are the foundation stones of European justice systems?

In what way is the rule of law enshrined in Germany or Spain or in the European justice system? We are honoured to have the participation of the Presidents of the Berlin Bar, the Barcelona Bar and the Federation of European Bar Associations.

A keynote speaker will be Andrew Caplen, President of the Law Society of England & Wales. Andrew is a legal aid lawyer currently leading the campaign against the savage cuts to legal aid in England & Wales.

1, The Sanctuary is the office of CWHLS President, Michael Fletcher, who has generously offered this historic venue. If you have never visited, this will be a unique opportunity to experience a step back in history. The building design was based on St John’s College, Cambridge in gothic style, and is a block of 8 houses, and number 1 is just beside the entrance to Westminster Abbey, and buildings 1 to 3 house the firm of Lee Bolton, Monier-Williams, solicitors’ firm which has been here since 1855.

In addition to the seminar there will be an optional visit to the British Library to see the Magna Carta exhibition after the morning seminar. Save the date now: 10.30 am on Friday 1st May and book with sarachandler.lawsociety@gmail.com as we need to know numbers for refreshments.

professional issues

Tax Planning Opportunities Having just suffered the pain of paying your personal tax bill what action can be taken now to legitimately minimise your liability for the year to 5 April 2015.

Sheryl Davis ACA, partners of Barnes Roffe LLP, Chartered Accountants

Discusses some of the options available...

I

f January wasn’t gloomy enough, with short days and icy mornings, it also brought the payment of personal tax liabilities.

At that stage it is too late to do anything to reduce the bill. Any tax planning needs to be done upfront, before the end of the tax year.

Now is the ideal time to consider any action that you should take to minimise tax for the year to 5 April 2015.

Firstly it is important to understand the rates of tax applicable to various levels of income. It is often stated that the top rate of income tax in the UK is 45%, this is not true. The table below summarises the tax rates for 2014/15:

Personal allowance 0%

0 - £10,000

Basic rate 20%

£10,001 - £41,865

Higher rate 40%

£41,865 - £150,000

Additional rate 45%

above £150,000

Consideration should also be given to making pension contributions for non-working spouses, in order to equalise income in retirement. It is not unusual to find a situation where one spouse is receiving pension income taxed at higher rates while the spouse is not even using up their personal allowance. It is too late to tax plan in retirement.

Whether higher rate tax relief on pension contributions will continue after the election in May remains to be seen. However the new pension rules due to come in from April 2015, allowing flexible drawdown after age 55, make investing in pensions an attractive tax planning tool for 2014/15.

If you are considering making substantial contributions in the current tax year you should seek advice from your IFA soon.

Transferring income to spouse

allowance if your income exceeds £100,000, there is an effective rate of income tax of 60% on income between £100,000 - £120,000. If possible you should take action to prevent your top slice of income falling within this band.

It may be possible for investment income to be taxed at a lower rate in your spouse’s hands.

However to achieve this the income generating asset must be transferred to the spouse. This could apply to rental properties, share portfolios or simply deposit accounts.

Here are a few ideas you should consider:

Charitable donations

Pension contributions

Charitable donations qualify for tax relief at your marginal rate of tax by extending the income bands in much the same way as pension contributions. This can be a useful tool to avoid income falling into higher tax bands.

However due to the loss of the personal

Pension contributions are a good tool to reduce income tax liabilities. Currently contributions, up to the annual allowance, qualify for tax relief at your marginal rate of tax, which could be 45% or even 60%. The relief is obtained by extending your basic rate band, and higher rate band by the amount of the contribution. If your total taxable income is £115k a pension contribution of £15,000 will reduce the rate of tax on the top £15,000 of income from 60% to 40%.

The annual allowance for 2014/15 is £40,000 (2013/14 - £50,000) but it is possible to carry forward unused allowance from the previous 3 years.

NISA’s (New ISA’s) From 1 July 2014 the annual limit for contributions into a NISA has increased to £15,000 and this can be invested into a cash or shares NISA. Don’t forget about junior NISAs which have an annual limit of £4,000.

Annual Investment allowance (AIA) Purchases of qualifying plant and machinery currently receive a 100% tax deduction in the year of purchase up to an annual limit of £500,000. Therefore if the practice is considering a major capital outlay it would be beneficial to accelerate this into the current accounting year.

The limit for AIAs will reduce from the current limit of £500,000 to just £25,000 from 1 January 2016 so this should be reviewed again towards the end of the year.

Provisions Consideration should be given to creating justifiable provisions within the practice accounts.

Most legal practices lease their business premises. In this case it is perfectly reasonable to create a dilapidation provision to cover the cost of returning the property to its original state of repair at the end of the lease.

There are various complex tax planning arrangements available on the market which Barnes Roffe LLP would be happy to explore with you. I haven’t discussed these above, instead focusing on good, basic tax planning ideas that we should all consider before 5 April creeps up on us.

by SHERYL DAVIS, Partner of Barnes Roffe LLP.

Business tax planning A lot of legal practices have March or April year ends so it is worth briefly mentioning some of the key considerations that should be made at a practice level.

The Bill of Middlesex 13

professional issues

Liberty or Oppression: WHY WE STILL NEED “THE GREAT CHARTER” OF 15TH JUNE 1215 The relevance of Magna Carta granted in 2015 as we commemorate 800 years since its sealing at Runnymede.

by Phillip Taylor MBE of Richmond Green Chambers

King John was a truly appalling English monarch. History has been far too kind to him with all the personal publicity he has attracted over the centuries. He was finally tracked down to what was (and sometimes still is) the boggy island of Runnymede in a River Thames flood plain. John was forced to seal the “Great Charter” or Magna Carta to grant some basic rights… and a lot of detailed clauses concerning land to entrench the power of the Barons which they were far more concerned about at the time.

The basis words of ‘The Great Charter’ which still have direct meaning for all of us in 2015 are as follows:

“No free man shall be seized or imprisoned, or stripped of his rights or possess… nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.” and “To no one will we sell, to no one deny or delay right or justice.”

It’s a great pity that so many of our ‘leaders’ in this country (and, for that matter, America) have seen fit to ignore these fundamental principles when it suits them… even as recently as between 1997 and 2010.

The disgusting King John was just one of many psychotic, mass murdering monarchs we, the people, have had to endure as our ‘leaders’ throughout history although today we do at least have elections to get rid of them. However, that doesn’t seem to have stopped some of them from attempting to revoke the three main clauses of ‘The Great Charter’ when they feel like it even in recent history. That is why this document is so relevant because otherwise oppression would rule.

The Magna Carta rights were strongly fought for against a stupid man who had little or no sense but a massive feeling of “claim” to have whatever he wanted, when he wanted it. History is stuffed full of such despots so in June 2015 we commemorate the sealing of “The Great Charter” with a sense of continuing purpose for us all now as ‘the people’, or ‘the majority’. Between the 800 years which have passed and

14 The Bill of Middlesex

altered the place of all of us in our communities, UN and Human Rights legislation, notwithstanding, that passage of time has not dimmed the shear strength of the basic rights achieved at Runnymede.

Runnymede is well worth a visit although many will find it somewhat of an anti-climax as there really is not too much there! In true English understatement, there is nothing much from us except some words on a stone wall by the car park. To the rescue come the American Bar Association (who treat these things much more seriously, for good reason after George III) and they have constructed a commemoration monument over-looking the flood plain of Runnymede.

Just take care when you go there as it can get pretty wet. This Memorial is on Cooper’s Hill and was unveiled as recently as 1957.

Next to it just farther up the hill is another touching stone memorial to President John F Kennedy which reads:

“This acre of English ground was given to the United States of America by the people of Britain in memory of John F Kennedy President of the United States 1961-63 Died by an assassin’s hand 22 November 1963.”

There are some other words beneath which say:

“Let every nation know whether it wishes us well or ill that we shall pay any price, bear any burden, meet any hardship, support any friend or oppose any foe in order to assure the survival and success of liberty.”

So what is the importance of the link between Kennedy and Runnymede? Just about everything we hold dear as Kennedy’s death provides just one example. So do visit Runnymede and just remember how lucky we are to have kept “The Great Charter” against all-comers who want a little bit of their own despotism inflicted on us.

Kennedy’s murderer took away a bit of all of us in 1963 that’s why it has taken the Americans to put up these memorials on Cooper’s Hill (not the English) because they have seen at first hand, even as late as the 20th century, just how easy it can be to slide down the slippery slope from liberty to oppression.

Please take a minute of your time on 15th June 2015 to think of those events when John was finally caught up with and stopped at Runnymede so that we might all benefit and enjoy the most basic of human rights in our communities in perpetuity.

professional issues

Medallion Signature Guarantees: WE KNOW WHO COULD HELP HAVING A WILL DOES NOT ALWAYS MEAN A SMOOTH AND EASY ESTATE DISTRIBUTION, AND WHEN ONE COUPLE DIED JUST 24 HOURS APART, IT SHOWS JUST THAT. Bernard and Clara Kempson lived in Lancashire and spent many decades together, having a baby girl a few years after tying the knot. With both passing away so close to one another, the terms of their Wills meant that their daughter, Lesley, would inherit their legacy.

Kempsons’ shares. Working with intestate and testate cases, the company often see UK residents holding American shares, such as health care company Johnson & Johnson, investment management firm Invesco, and IBM, a technology and consulting corporation.

The value of the estate was made up of many parts, and whilst the administering solicitors could deal with most, the North American shares owned by the Kempson couple proved difficult.

The sale of Cadbury stemmed from its desire to become the biggest confectionary company in the market. With its wider scope to compete beyond chocolate alone, Snapple, 7up and Dr Pepper Schweppes were among the first of its many purchases, explaining the changed name of the Kempsons’ shares. Cadbury continued to expand and acquired yet more confectionary brands – Hollywood Gum, Oasis, Trident, Orangina, and Halls – taking them to the top spot.

But it wasn’t long before this push backfired, and with the combination of the economic downturn along with growing success for competitors, Cadbury’s extra branches were slowly chopped off, often undersold.

Bernard Kempson worked for Cadbury most of his life and so he and his wife accumulated almost 1,000 jointly held shares in the business.

Although once a UK firm, the sale and transfer to Kraft meant many of these shares were split across the pond, turning the Kempsons’ Cadbury shares into Dr Pepper Snapple. With the stock now being US-listed, these assets were thought to require a Medallion Signature Guarantee in order to sell and distribute their value to entitled beneficiaries.

As a service offered by probate genealogy firm, Fraser & Fraser, the team set to work on assisting the solicitors in both transferring and selling the

With the drinks companies gone, Cadbury opened themselves up to potential buyers, turning from an overly complicated business to one perfect to sell. It was in January 2010 that the price of 850p

was finally accepted and Cadbury’s 186 years of independence ended.

The solicitors in this case had long been trying to arrange a Medallion Signature Guarantee as the shares needed to be transferred and sold to complete the administration of the Kempsons’ estate. Fraser & Fraser were able to assist not only with arranging the bank signature guarantee to effect the transfer, but also subsequent sale of the holding – worth £43,000 - in one streamlined and efficient process.

With a broad range of experience in dealing with a variety of holdings and an understanding that each case is different, Fraser & Fraser offer a service tailored to your needs. With an ability to arrange Medallion Signature Guarantees in relation to stock and shares paperwork as well as the transfer and sale of US, Canadian and other international shareholdings, Fraser & Fraser are ready to help you.

For more information, please visit www.fraser.fr/MSG or call 020 7832 1400 to discuss your case.

The Bill of Middlesex 15

social events

THE LEGAL CHARITIES GARDEN PARTY

by EDWARD MACEY-DARE SENIOR VICE PRESIDENT

THE LEGAL CHARITIES GARDEN PARTY (LCGP) WAS FOUNDED BY THE HOLBORN LAW SOCIETY IN 1968, TO FUNDRAISE FOR LAWYERS IN NEED AND THEIR DEPENDENTS. IT HAS TAKEN PLACE EVERY YEAR SINCE THAT DATE AND, SINCE 1987 ALONE, HAS RAISED MORE THAN £500,000 FOR THE SIX LEGAL CHARITIES IT SUPPORTS, NAMELY: -

SBA The Solicitors' Charity;

-

Barristers' Benevolent Association;

-

CILEx Benevolent Fund;

-

Institute of Barristers' Clerks Benevolent Fund;

-

United Law Clerks' Society;

-

LawCare.

In recent years, the LCGP has been run by a stand-alone committee (an independent unincorporated association) consisting of representatives from the Society and from the various branches of the legal profession - judges, barristers, solicitors, legal executives and barristers' clerks. With effect from 21st January 2015, however, it has now come back under the Society's umbrella, such that the Society will be responsible for hosting and running it, going forward.

This year, the event will be held on Wednesday 10th June 2015 – once again, in the stunning location of the North Lawns of Lincoln’s Inn. 2015 is the 800th anniversary of the Magna Carta - the great charter of liberties which established a new relationship between the king and his subjects – and, given that this historic document was signed at Runnymede on 15th June, the LCGP falls squarely within "Magna Carta Week". For that reason, it is entirely fitting that the Magna Carta should be the theme of this year's event.

As the LCGP is effectively under new management, we have decided to change the feel of the event slightly, by moving away from champagne and offering Pimms and Elderflower cordial instead (although it will still be possible to purchase white and red wine as well, for those who so wish). In our view, this is more consistent with a summer garden party theme, and will help ring the changes.

As before, various firms in the vicinity of Lincoln's Inn (namely Farrers, CollyerBristow and Hunters) have kindly agreed to provide trainees to help sell tickets and also to assist at the event, for which we are very grateful.

16 The Bill of Middlesex

Prices this year are as follows: Individual tickets: £15 Corporate package: £150 (which will include: a table, 2 jugs of Pimms, 2 jugs of Elderflower cordial and two trays of canapés) Jugs of Pimms: £20 Trays of canapés:

£45

Corporate packages must be pre-booked through the Society's Administrator, Susie Hust. Individual tickets can be purchased either on the door, or via Susie directly.

We have the enthusiastic support of all our beneficiary charities and, with a new group involved in the management, we hope to rejuvenate the event, whilst still retaining the core message. In that regard, I am pleased to report that the Law Society has come forward as an active supporter this year and the President, Andrew Caplin, will be the guest of honour (and is even mentioning the event in the President's column of the Gazette, in order to give it maximum coverage). The City of London Law Society and the Worshipful Company of Solicitors have also promised their support, by advertising the event to their respective members and encouraging attendance.

We would like to encourage the profession, as a whole, to get behind

the LCGP, given that none of us knows when we might be in need of charitable assistance. In particular, we want to reinvigorate interest from the legal community (i.e. solicitors, barristers and legal executives) in Holborn and Westminster, and to galvanise support from senior members of the judiciary and to encourage them all to attend. We therefore need your help.

I do hope that all our membership will wish to support this event wholeheartedly, and will attend in droves, with numerous guests.

This is a most worthwhile cause and I would like to see the LCGP thriving and profitable once more, so that the various legal charities can be properly supported.

professional issues

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

T

hese two qualities, clarity and affordability, are found throughout ContractStore’s catalogue which has grown from an initial 40 to some 300 templates, with the documents written in plain English, avoiding unnecessary legalese. And while the target market remains smaller businesses, the range of customers has expanded to include larger companies and a fair number of law firms, with occasional purchases by Government and several sales around the World as well as in the UK.

Pictured: Giles Dixon Director, ContractStore

When we suggested that ContractStore and other companies providing legal services online are a threat to the profession, Giles disagreed: “Solicitors should see us as a useful resource, not a competitor”, he responded, “ContractStore offers lawyers a helpful precedent bank which is more suitable for smaller businesses than PLC or other similar precedents. And a very cost-effective one, too: think of the return on a £30 template even if you only it use it for one client! Moreover, we have a range of practical commercial and construction documents not found in the usual precedent libraries.”

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

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

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

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

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

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

The Bill of Middlesex 17

news

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

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

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

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

Two-factor authentication -

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

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

Risk assessment -

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

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

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

18 The Bill of Middlesex

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

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

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

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

About QuoStar: QuoStar is a rapid-growth, privately-held business consultancy and information technology firm headquartered in the United Kingdom. QuoStar delivers strategic and technical consultancy, IT Outsourcing and a comprehensive range of enterprise-class managed cloud services. The company’s client profile encompasses a broad range of industries and businesses with a turnover of up to £200M in the UK and overseas.

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

Fas st track k y ur care you ee er in A ADR witth aC CIArb Qu ualificatiion The Cha artere ed Institute of Arbitrattors (CIArb) is a lead ding pro ofess sional membership org ganis sation re epre esenting the intere estts of alternative disp pute practitio oners worldwide.

Upcom ming courses for 2015: 16 – 19 and 23 March Commercial Mediation Training

30 – 31 March Acceleratted Route towards Fellowship p (Inter ( nternational Arbitration))

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Our Path hways programme – ranging from Intrroductory Certificate, A Advanced Certifica ate and Diploma will givve you the e spec cialist c a s knowledge o edge a and d sskills s you need to get ahead in ADR, whilst also qualifying you for membership of CIArb.

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The Chartered Institute of Arbitrators, Arbitrators 12 Bloomssbury Square, London, WC1A 2LP P,, UK P T: + +44 (0 0)20 7421 7439 Registered Ch harity: 803725

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education

Reemans Solicitors Installs Hoowla’s conveyancing quote calculator Reemans Solicitors in Hounslow have embraced technology by choosing to use Hoowla’s conveyancing platform.

Reemans have installed the Hoowla Conveyancing Calculator module. It took less than a day for Reemans Solicitors to be offering conveyancing quotes on their website and start benefiting from the Hoowla conveyancing system.

Tony Virdee, Director and Solicitor at Reemans comments: “I am very pleased with Hoowla's simplicity and support. I am equally pleased with the considerable time saving in handling clients requiring a quotation. I am pleased that the “button” can be tailored and Hoowla are around to respond quickly to this. Keep up the personal touch.”

20 The Bill of Middlesex

Hoowla offers a modern approach to conveyancing case management software. Their online conveyancing software provides a suite of tools and services that help firms process more conveyancing matters, increase profits, reduce risk and manage compliance whilst providing a great customer experience along the way.

For more details on Hoowla please contact Tom O’Brien on 07765291216 or alternatively email tom@hoowla.com

education

FOSTERING CREATIVE THINKING “As educators and in the increasingly competitive environment in which children find themselves today, I believe it is our duty to foster creative thinking, to develop independent learning and to support every child in gaining the confidence to believe and know that they ‘CAN,” says Mr Simon Ford, Headmaster of Quainton Hall School in Harrow. The school caters for children from the age of two and a half in the Nursery and prepares the girls and boys for entrance to their senior schools at 11+ and 13+ respectively.

B

oasting enviable facilities, including a newly refurbished, heated, indoor swimming pool, AstroTurf and unique Chapel, pupils at QHS enjoy a broad and balanced curriculum within a purposeful and positive family atmosphere.

Having graduated in 1989, Simon has worked in independent day and boarding schools across London and the South East of England.

He joined QHS in September 2014, having previously served as Deputy Head, as well as a period as Acting Head, of Shrewsbury House School in Surrey.

Pictured: Mr Simon Ford, Headmaster of Quainton Hall School in Harrow

Built on a strong religious foundation with an emphasis on pastoral care, QHS is a school that believes in setting high expectations, leading by example and creating a secure, positive and inspiring learning environment, dedicated to educating the ‘whole child,’ where pupils can feel challenged and supported to achieve individual success in all aspects of school life.

by MR SIMON FORD, Headmaster of Quainton Hall School in Harrow

QUAINTON HALL SCHOOL

QHS is an academically selective Independent Co-Ed Preparatory School and Nursery for Boys 2½ - 13 & Girls 2½ - 11

For Further information: Quainton Hall School, Hindes Road, Harrow,

Middlesex, HA1 1RX

Telephone: 020 8861 8861 Email: admin@quaintonhall.org.uk

www.quaintonhall.org.uk The Bill of Middlesex 21

residential conveyancing

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

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

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

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

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

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

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

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

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

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

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

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

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

Exchange of Contracts

beneficial to ask Lenders to transfer mortgage funds the day prior to completion if they will allow this.

It is important to be clear on exchange whether the ‘risk’ in the Property has passed to the Buyer or remains with the Seller and who has the obligation to insure the Property.

Clients should be informed accordingly in the Report on Title.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

22 The Bill of Middlesex

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

Post Completion

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

residential conveyancing

ACCELERATING YOUR HIGHWAYS ENQUIRIES FOR COMMERCIAL TRANSACTIONS Argyll Environmental (Part of Landmark Information Group) in association with PSG For every commercial transaction it is critical to investigate the precise extent to the adoption status of roads surrounding a site.

You may believe that the footpath in front of the building is indeed publically owned and adopted but in fact it actually isn’t. These are the scenarios that slow down transactions.

It’s therefore imperative that the purchaser is aware if the site or property abuts a public highway and to what extent the roads, footpaths and verges are adopted. Failure to identify developments where adoption procedures have not been dealt with adequately, can cause delays to the transaction as well as pose a risk to the purchaser’s future plans for the site.

maintenance and granting access or is it privately owned? In order for the transaction to proceed the status of the access way would need to be confirmed. At this point the purchaser may need to purchase this additional piece of land, negotiate shared access or at least a regular payment towards repairs. This will undoubtedly add time and complexity to the transaction, which is not what either party want.

So how can you solve it?

Argyll Environmental (Part of Landmark Information Group) have recently launched their SiteSolutions Highways report. Prior to the release of this report, the only way for a solicitor to obtain this information, would have been to contact the local authority and request the information directly. However, on a 20 day wait, it’s probably not the best use of time. The Argyll SiteSolutions Highways report, available from PSG, will be delivered between 3-5 working days and will not only include the adoption status of the roads, footpaths and verges but it will also consider what impact proposed changes to on-street

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For example, if you were to imagine a typical scenario where a purchaser is looking to buy a property and the surrounding land which abuts a neighbouring property and there is a shared access onto the land. As part of the due diligence the purchaser’s solicitor would need to identify the exact status of the access and the ownership of the area. Is it publicly adopted by the local authority, therefore they are responsible for

For more information on this or any of the other products and services available from PSG: Email: chandrasharma@propertysearchgroup.co.uk Visit: www.psgconnect.co.uk/londoncentral or telephone 01689 896171

parking, waiting and loading restrictions and road improvement schemes could have on the transaction. As well as including existing, proposed and amended rights of way.

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The Bill of Middlesex 23

residential conveyancing

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

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

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

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

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

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

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

24 The Bill of Middlesex

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

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

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

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

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

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

Elliott Vigar, CEO of Veyo

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

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

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

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

For access to the market research report for free please email info@veyo.co.uk

residential conveyancing

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

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

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

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

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

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

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

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

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

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

The Bill of Middlesex 25

practice management

PROPERTY FORUM AWARDS LAUNCHES TO CELEBRATE EXCELLENCE IN CONVEYANCING THE PROPERTY MARKET REPORTED A SIGNIFICANT SPIKE IN ACTIVITY EARLY IN 2014. HOWEVER, FACTORS SUCH AS THE MORTGAGE MARKET REVIEW AND CONCERNS OVER INTEREST RATE RISES, BEGAN TO DAMPEN CONFIDENCE IN WHAT HAD BEEN A PROMISING START TO THE YEAR. LIKE OTHERS INVOLVED IN THE PROPERTY SECTOR, CONVEYANCERS HAD STARTED TO FEEL THE PINCH ON THE APPROACH TO 2015.

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

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

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

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

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

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

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

26 The Bill of Middlesex

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

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

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

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

Best for Innovation Firms which have devised innovative, ground-breaking initiatives to improve conveyancing services will be considered

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

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

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

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

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

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

The closing date is 6th March 2015.

book reviews

THE SOLICITOR’S HANDBOOK 2015

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

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

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

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

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

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

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

the word allegedly here!

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

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

The law is stated as at 1st September 2014.

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

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

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

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

28 The Bill of Middlesex

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

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

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

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

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

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

If it means ‘leniency’ which it almost undoubtedly does, this trenchant opinion would certainly resonate with any number of critics of the criminal justice system in place today. Equally relevant to the contemporary reader are Fitzjames Stephen’s

observations on the relationship of immorality and criminal responsibility and the appropriate role of capital punishment.

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

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

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

book reviews

THE CASE FOR A ROYAL COMMISSION ON THE PENAL SYSTEM

by SIR LOUIS BLOM-COOPER AND SEAN MCCONVILLE Foreword Sir Henry Brooke Waterside Press Putting justice into words ISBN: 978 1 90997 617 7 www.watersidepress.co.uk

SIR HENRY BROOKE IS RIGHT! “THERE IS STILL AN ABSENCE OF ANY REALLY COHERENT UP-TO-DATE THINKING WITHIN GOVERNMENT ABOUT THE PURPOSE OF PENAL POLICY”

That of itself should be quite a clear and sufficient statement for something constructive to be done. Few observers probably disagree with a view that some new thinking should be employed because of the reconviction rates and a general lack of successful rehabilitation in applied criminology.

In the form of bullet points, Parris goes on to say and we quote: • • • • • •

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers • The case for a Royal Commission on the Penal System is a strong call which will, eventually, be agreed…one day in the future.

That matter is about all that can be conceded at the moment even though the Commission would be both cost effective to the community and would return some confidence to the public in the way in which criminal justice is currently managed by the politicians. Most are also agreed however on the need for such an initiative now and that it is a matter of growing urgency. The question is always… and when will it happen as the numbers in custody continue to rise as our population expands.

A clear case has been set out in this excellent short pamphlet by Louis Blom-Cooper and Sean McConville at Waterside Press suggesting a re-examination of main aspects of the UK’s view of penal policy in the 21st century by this current call to action!

So what are the obstacles? They remain those difficult questions which political columnist and ex Tory MP Matthew Parris succinctly listed in “The Times” when describing penal policy as a taboo subject. Parris (and others) say of prisons: “They don’t work”! We know that so what are we going to do about it?

• •

Nearly half of those imprisoned are reconvicted within a year of release We don’t re-educate or train properly Drugs get in routinely and by mysterious means Suicides and assaults are rife Many prisoners are mentally ill Conditions in over-stretched jails approach solitary confinement, yet every wretched prisoner costs £36,000 a year Each next inspection does its best to outdo each last in ransacking the lexicon of shock and indignation; each is relegated Everybody shrugs their shoulders, attention wanders and the disgrace continues Our descendants will gasp in horror at our disregard.

So why don’t we talk about this?

Unfortunately, the answer to all these problems can be summed up with one word- disinterest.

The current proactive supporters for a Commission make the case that, as a model, it should be reflective, effective and swift, capable of building consensus, and of providing directions for a generation.

That these points are agreed is not really in dispute because the criminological landscape has changed so much in recent years and society needs to catch up. It would not be that expensive for a government to set up and report on penal reform if the terms of reference are carefully structured. So it is really about political will, and current lack of it with all the annual tinkering with criminal justice legislation by MPs, most of whom are no longer representatives with real life experience, just those with more special “adviserships”.

However, all this is not enough because it is accepted that there is neither the requisite political will (at the moment), nor the probable necessity of public support whilst we enter a long drawn-out general election campaign for 7th May 2015.

It is estimated that about 2% of the media’s attention or interest will be lavished on legal/penal policy as the election issues unfold. So it is not at the top of the agenda. The issues though remain, such as how much should be spent on the penal system.

Also there is a need to set a new reshaping agenda for successive generations to adopt where an objective view of sentencing can be achieved. The view could come from an evidence based report which will have both a practical meaning and effect for a more mature society vision of how this country deals with its criminals in future years.

We wish we could be more positive about this call to action.

That fact that it has been made is a first step which will, if taken forward, be of substantial long term benefit for society and offenders. Many feel rightly that some new thinking is needed to engage the new five year government but this could be a pipe dream.

However, there is a grave danger that the seeds of this idea robustly set out in the pamphlet remain scattered on purely stony ground as the call is refused… at least for the time being anyway. There is always hope that with a fresh team there is a fresh hope for reform.

TOLLEY’S CAPITAL ALLOWANCES 2014-2015

by KEVIN WALTON AND DAVID SMAILES

principle that capital expenditure is not allowable in computing taxable income.

Tolley/LexisNexis ISBN: 978 0 75454 913 0 www.lexisnexis.co.uk

What this book achieves is to clear up the confusion that can – and does – result from this apparent paradox. In fact, allowances are available for expenditure under a range of categories which are explained in detail. These include plant and machinery, renovation of business premises, research and development and a lot more.

CURRENT AND COMPREHENSIVE GUIDANCE ON CAPITAL ALLOWANCES – NOW IN A NEW 27TH EDITION FROM TOLLEY’S An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Like all reliable books on tax, ‘Tolley’s Capital Allowances 2014-15’ aims primarily to provide practitioners and tax payers alike with advice and guidance on maximizing tax savings; in this case -- savings on capital allowances.

Published annually by LexisNexis, the book is now going into its twenty-seventh edition, having demonstrably established its reputation and value over the years.

Comprehensive and practical, it brings together in a single convenient volume the law and practice pertaining to capital allowances, thereby shedding considerable light on a number of related problem areas.

The most obvious of these, as the authors remind us, is that under the UK direct tax system, the present capital allowance legislation presents an exception to the general

Note here that a particularly handy feature of the book is an alphabetized list (Appendix 1) of what exactly qualifies as ‘plant and machinery’, which, by the way, is the most common allowance. The list ranges from advertising signs to loose furniture, window mannequins and zoo cages!

Further advice on plant and machinery in buildings, together with related issues, is provided in Chapter 10 by capital allowances specialist Heather Britton who, in Chapter 18, has also written general guidance on planning principles for capital allowances.

In this new and completely updated edition of this highly regarded text, you will find the latest information on capital allowances up to 1 July 2014, including the provisions of Finance Act 2014. New material also includes the temporary increases in the annual investment allowance to £500,000… new restrictions on allowances for renovations... and changes to the mineral extraction code.

As the subject matter tends to be quite abstruse, the authors Keith Walton and David Smailes have helpfully designed the book for ease of use – a distinct advantage for practitioners under pressure, who will also appreciate the large number of worked examples available throughout the text, the numbered paragraphs throughout and the detailed table of contents and index. Also note the extensive table of statutes and the alphabetical table of cases, plus the handy list of abbreviations and references.

The journal ‘Accounting’ has pointed out that ‘there are few existing publications on the subject and none as current or as comprehensive as this.’ Practitioners as well as accountants – and anyone advising on this area of revenue law – will certainly benefit from the purchase of this book.

The Bill of Middlesex 29

professional practice

150TH ANNIVERSARY OF THE OPEN SPACES SOCIETY THIS YEAR IS THE 150TH ANNIVERSARY OF THE OPEN SPACES SOCIETY. FOUNDED IN 1865 AS THE COMMONS PRESERVATION SOCIETY IT IS BRITAIN’S OLDEST NATIONAL CONSERVATION BODY. IN ITS EARLY YEARS IT SAVED MANY COMMONS AND OTHER OPEN SPACES IN AND AROUND LONDON: HAMPSTEAD HEATH, EPPING FOREST AND WIMBLEDON COMMON FOR EXAMPLE. THEN IT EXTENDED ITS REMIT TO THE WHOLE OF ENGLAND AND WALES AND EMBRACED OPEN SPACES AND PUBLIC PATHS TOO. The open spaces and paths of Middlesex are especially important as green lungs in urban and suburban areas, and the

30 The Bill of Middlesex

society has had many successes there.

For instance, in 1893 it persuaded the local authority to remove obstructions from the lane between Twickenham and Teddington. It fought the construction of railways over common land and in 1878 stopped the Great Eastern Railway Company from taking three acres of Wood Green common, Hornsey. It won exchange land from the Great Western Railway Company at Drayton Green, Ealing, in 1897. It secured new clauses in the 1904 Acton Improvement Act to protect Acton Green. In 1948 it helped to rescue Grove Fields, Harrow, from development, and in 1985 it prevented Jubilee Gardens, Ealing, from being built on. Recently it has campaigned for the reopening of blocked paths across Harrow School playing-fields and Northwick Park golf-course.

Today the society still champions common land: as a statutory consultee it

scrutinises every application for works there. Its local representatives defend the public-path network and we advise our members in protecting commons, green spaces and paths, taking up hundreds of cases each year. We lobby parliament for better, tougher laws. We have no public funding; we depend on legacies and donations to support our vital work.

Web Tel Email

www.oss.org.uk 01491 573535 hq@oss.org.uk

Registered in England and Wales, limited company 7846516 Charity no 1144840

professional practice

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

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

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

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

The Bill of Middlesex 31

Adventures in Theatreland

ADVENTURES in THEATRELAND “Hollywood star to buy Shakespeare.”

All the world’s a stage And all the men and women merely players, They have their exits and their entrances, And each man in his time plays many parts, Any mention of the Bard takes me back to the upper fourth, or was it the lower fifth, when I would be whacked with the strap, if I was not word perfect regurgitating the old geezer’s bon mots which in my case meant stinging hands just about every day of the week including Saturdays with Sunday being a day of rest. Those were the days of Educatttttttt……SHUN! Or if it’s not the strap that stings to mind, then it is the front page of the Liverpool Echo,

“Hollywood star to buy Shakespeare.”

by L.O.Luvie

has had prior rights in perpetuity. Quite frankly, I think it is only right that, My pain should be Bill’s gain. I don’t harbour grudges. But the grandees of the English theatre and fellow travellers were a touch sniffy about all this. After all who was this upstart of a yank, a Hollywood yank at that telling us, the custodians of the English language, how to commemorate our national treasure. But Sam, goddamit, soldiered on. After being a war hero, he was thanked for this efforts by being blacklisted for something or other, by the House of Un-American Activities in 1949, and had to do a quick moonlight flit to the UK. A few little difficulties with planning permission was not going to stand in Sam’s way. He raised $10 million and Royal support but sadly died before the actual opening of his magnificent obsession in 1997. What a guy! Sam OBE, I salute you. Should have been an honorary Knighthood. Sir Sam. For all those years when you were a lone voice in the wilderness! By the way, I’ll never forget Mark Rylance as Richard 11 at your wonderful Globe theatre. “Great Rylance. Shame about the play.” And all for the price of a cappuccino - A FIVER! Later, saw Rylance in the award winning Jerusalem, before it moved to Broadway transforming him into an A-Lister, without the hassle of first having to first appear on the silver screen. Clever that!

Reading on I discover that the Hollywood star in question, is sadly not Marilyn Monroe. On the contrary it is non other than Sam Wanamaker. Sam who? Apparently Sam was an actor, producer and a director, donchaknow?

Shakespeare it turns out is The New Shakespeare, a musty old music hall that had fallen on hard times. It was trying to pull in punters with revivals of Victorian melodramas, and it seemed that my father was just about the last Whilst on the subject of rich Americans person on Merseyside that still William Shakespeare investing in heritage stuff, wasn’t there had an enthusiasm for this dying a guy who bought London Bridge but when it was set genre. That being said, I vividly recall the pleasure of up outside his glitzy Vegas hotel it didn’t look seeing Mrs Ellen Woods’ East Lynne, and was anything like er….Tower Bridge? A wee bit apocryphal delighted that we could cheer the hero, boo the perhaps, or scoundrel maybe just a (dressed in black little short on with a thin black the Caveat moustache) and Emptor? I weep with the hope you dont heroine who cries think for a out upon seeing moment that I her drowned child am suggesting pulled from the that Sam pond, “Dead. really thought The new Globe The old Globe Dead. And he was buying never called me mother”. Not long after Sam took Shakespeare's original Globe ......IN LIVERPOOL? over, the theatre mysteriously burnt down, no doubt to Oh No. Perish the thought! the ghostly echo of “The Bells. The Bells”.

Fast forward a few years, and Sam Wanamaker crops up again. This time he is searching for the site of the Bard’s original Globe, can you believe, as he wants to build a replica. No one seems to be in favour of this perfectly reasonable proposition. After all I had the Stratford wonderkind beaten into me, so why shouldn’t the cause of my teen-age angst and swollen hands, have some lasting memorial, apart from my dysfunctional brain over which of course my shrink

32 The Bill of Middlesex

Things change, as they do. My daughter moved to the other side of London, and her godmother died.

Previously, we met up in Ealing. But now the journey seemed to be a tad on the long side. So, despite my life- long love of film, I thought it would be a good idea if father and grown up child could discover something completely different together. The experience of seeing a film has changed a lot over the years. Cinemas in the main are now half-full

impersonal shoeboxes, with very little ambience, unlike theatres which still retain the personal touch with smiling wannabees directing you to your seats, and of course those glorious Victorian décors. So if the performance is not up to scratch at least there are other features to distract you. We Londoners of course, are the envy of the world with Theatreland on our doorstep. Well, if you live in Covent garden, that is.

My cunning plan was so simple. We would meet at some swanky restaurant for a genteel meal prior to seeing a play. A play that I would choose of course.

Now just what could go wrong with that?

We got through 3 and a half hrs of Kevin Spacey’s black leather clad Richard 111 at the Old Vic. Phew!

No apparent air conditioning on a hot summer’s evening - AND SEATS IN THE GODS LORD HELP US?

Kevin Spacey as Richard lll

Oh Kev you should have checked out Larry’s 1950’s film version where he omitted most of the incomprehensible sub-plots and like in your days in Tinsel Town he always CUT TO THE CHASE. And then there was ENO’s award winning Mikado and Madam Butterfly both of which were scuttled at half time. As we de-camped the Coliseum I casually asked the obvious question. The reply was a nod in the direction of the neon sign opposite. Jeeves & Wooster. COMEDY? Of course!

I must confess I have never been a big fan of all that Jeeves stuff, but a few weeks later there we were in the front row of a packed Duke of York’s waiting for the curtain to go up. Both of us had a good laugh at an original clever and very funny production. Problem solved. The fruit of my loins has to get up at 5.15 to work in a challenging East End school. The last thing she needs is three and a half hours of Kev’s Dick the Third, brilliant though it was. Jeeves and Wooster carries on the tradition pioneered in The 39 Steps of making a virtue out of low production values - in other

Adventures in Theatreland OSCAR: I would love you if you were something else.

The most amusing experience I have recently had in the West End, is a toss - up between Noises Off and A Man and two Guvnors. They have both moved on, but for sure, given the way theatre economics work, they will be back, no doubt, by public demand.

There has been a refreshing influx of productions from our Celtic neighbour across the way. Three of the most marvellous female characters ever invented populated The Cripple of Innishmaan. With an eye on the box office it starred Daniel Radcliffe which drew a host of young admirers who clearly struggled with the nuances of the Irish accent. And then there was The Weir, which I liked so much I attended on about 10 occasions. It got so that I fully expected to get the same front row seat, A9, and even, just perhaps to get asked to play the role of honorary prompter. At Film Nite's friend Maria Aitken directed 39 Steps £10.00 a throw it was cheap at half the price, or equivalent to two words three actors playing 6 parts Haagen Daz theatre ice creams. It with quick costume changes that starred the marvellous Brian Cox, a invariably go wrong in a contrived Glaswegian who could pass muster as and amusing manner. The 39 steps a Connemara man any day of the now plays in more capitals than any week. My first encounter with the other franchised West End living legend was via the Michael production. It was originally of Mann film Manhunter where he course directed by that lovely friend played Hannibal Lector in a tad more of FILM NITE, Maria Aitken, and it sinister manner than the Welshman was ahead of its time, cleverly Anthony Hopkins in the later Silence adapting a much loved 1937 of the Lambs. Funny that? Hollywood Hitchcock film for the stage and has generally used English actors for keeping the original’s pace, wit the nasty. Yet here it was casting the and charm.

Sam Wanamaker nasty of nasties with two Celts from either side of the Irish Sea. Just what does that tell There was a time when a successful stage production you about California’s perception of This Sceptred would transfer to film. These days that process has Isle and its neigbours? been reversed. After The 39 Steps, came Brief Encounter, but despite some clever sequences And now for the McDonagh Phenomena concerning involving actors stepping into a film, the audiences two brothers from the Irish diaspora born and raised just weren’t showing. Furthermore, the casting of the in the Elephant & Castle. The story goes that their funny Peter Capaldi (The Thick of It) wasn’t able to turn the stage version of the black comedy The LadyKillers into a must-see show. Oh to have been a fly on the wall at the Red Lion, after Alec Guinness, Peter Sellars and the gang had wrapped for the day and popped over the road for a well- earned pint.

There was certainly genius abroad in those heady days of 1955 right here on Ealing’s very own doorstep.

And then there was Strangers on a Train - for some people their favourite Hitchcock film. Based upon Patricia Highsmith’s dark thriller of two people swapping murders, the stage version went back to the book. Interesting but overlong and dismally failing to learn from the film. Hitch, no matter how grim the material, always incorporated humour. That’s why he was a genius, and by the same token, it’s why the stage version is no longer around.

Managed to catch Let the Right One In on two occasions before it went. A Scottish stage version of the Scandinavian cult vampire film, it is an exhilaratingly original tale of a young female vampire with the ambivalent name of Elias who moves in next door to young misfit Oscar. The play has an underlying theme of gender identification and is peppered by elliptical dialogue, such as, ELIAS: But would you love me if I was a boy?

OSCAR: I would love you if you were a boy.

ELIAS: Would you love me if I was something else?

Mark Rylance

parents were apparently away a lot with the result the John and Martin became addicted to watching films on television. Like the young turks of the French New Wave, these two disreputable truants learnt through watching. The elder, John, decided to make films whilst kid brother Martin in order to avoid any sibling rivralry, gravitated to the theatre, and at one point had more plays being staged than any other playwright, including Big Bill. Amongst John’s films are recent releases The Guard and Calvary with the larger than life, Brendan Gleeson, and Martin who has been called one of the most important living Irish playwrights, is responsible for The Cripple of

George Bernard Shaw

Innishmaan. So after all that, you may well wonder, just what is the point of skule? Another Irishman to watch is Enda Walsh whose prolific work ranges from the hit musical Once, to Steve McQueen’s harrowing Hunger.

Talking of skule again, I should point out that it is not yet a crime if you don’t actually like “Gulielmus filius Joannes Shakspere” - to give the old geezer his Latin birth name. In fact if you own up to it, you could be joining a most distinguished club that includes the likes of Leo Tolstoy, John Dryden, Voltaire, and that old veggie wag, George Bernard Shaw, who famously wrote of the Bard: “There is no eminent writer whom I can despise so entirely…and it would be positively a relief for me to dig him up and throw stones at him” If the cost of three courses for two at Rules, is beyond your budget then you may prefer as a pretheatre snack, a nice cuppa and petite fours at London’s oldest French patisserie, or at the other end of Shaftsbury Avenue you may be seduced into gazing at a neo-Byzantine evening sky and sit where Oscar & his side kick used to have their secret and not so secret assignations over tea and muffin.

And as for the £10.00 front row seats?

I’ll reveal all that and more next time. ……………………………..Last Scene of all, That ends this strange eventful history, Is second childishness, and mere oblivion, Sans teeth, sans eyes, sans taste, sans everything.

The Seven Ages of Man. As You Like It Act 11 SceneV11 William Shakespeare

The Bill of Middlesex 33

management

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

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

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

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

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

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

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

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

34 The Bill of Middlesex

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

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

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