Bournemouth & District Lawyer spring 2017

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Bournemouth and District Lawyer Spring Issue 2017 Edition 180

B O U R N E M O U T H & D I S T R I C T L AW S O C I E T Y M AG A Z I N E

Carol Maunder, BDLS President, with Chris Barrie see Pages 6/7

Inside this issue:

■ Probate ■ Technology ■ Conveyancing ■ Events ■ Legacies


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contents

Contents introduction

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

ADVERTISING AND FEATURES EDITOR Anna Woodhams

4-5

President’s Column

5

List of Officers

local news 6 -18

Local News

6-7

Bournemouth & District Law Society Annual Lunch.

annual lunch lecture programme 2017

STUDIO MANAGER John Barry

13-14

ACCOUNTS

Upcoming Lectures for 2017

junior lawyers

Joanne Casey

MEDIA No.

15

JLD Events and President’s Report

16

BLDS sub-committee report.

BLDS careers sub-committee

180

PUBLISHED March 2017 © The Bournemouth & District Law Society - Benham Publishing

in memoriam 17

Harry Ellis & Dudley Edwards

council member’s report

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

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Report by Tim O’Sullivan.

firm news 20

new arrivals at local firms and practices

legal jobs 21

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

Situations Wanted and Vacant

articles

DISCLAIMER

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

Law firm’s white paper reveals skills shortage will hold back prosperity in the central south.

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BOURNEMOUTH no better place to work the senses, spark ideas and reward good work.

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BOURNEMOUTH in your pocket

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LEAP enhances technical support and grows team

All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between member and should not be relied upon as an accurate statement of the law, are of a general nature and do not constitute advice in any particular case or circumstance. Members of the public should not seek to rely on anything published in this magazine in court but seek qualified Legal Advice.

technology probate 26

Genealogical research - the secrets of locating missing heirs.

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THE ASSOCIATION OF PROBATE RESEARCHERS (APR) TAKES THE FIRST STEPS TO REGULATION IN THE HIER HUNTING INDUSTRY

COVER INFORMATION The cover image:

conveyancing

Carol Maunder, BLDS President with Chris Barrie.

BOURNEMOUTH & DISTRICT LAWYER – The Magazine of the Bournemouth & District Law Society

We hope you are enjoying our first edition of the “Bournemouth & District Lawyer”! You will receive this by email and also by post and future Magazines will be sent out quarterly as follows

Summer Autumn Winter Spring

June 2017 September 2017 December 2017 February 2018

The copy deadline for receipt at the BDLS office for the Summer edition will be 5th May 2017.

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Tailored Regulation from a Specialist.

29

WHAT NEXT FOR CONVEYANCERS?

events 30

LEGAL CUP 2017 - Open for Entries

management 31

“If you’re a tax-dodger, we’re coming after you”

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A HISTORY OF PIONEERING CANCER TREATMENT

32

Canine Care Card

legacies

We welcome your firms’ news and legal papers. Please send to office@bournemouthlaw.com

TheBournemouthLAWYER 3


president’s column

The President’s Column February 2017 Welcome to our brand new glossy magazine which replaces our old style newsletter and which is also actually cheaper to produce! Since our last newsletter I have attended the following:Carol Maunder with Rt. Hon. Lord John Prescott

CILEX Annual Dinner – Friday 2 December Chartered Institute for Securities and Investment, Annual Dinner – Friday 18 November Held at the Hilton Hotel in Bournemouth and presided over by the CISI South Coast Branch President, Ms Shelley James. The after dinner guest speaker was, Mr “2 Jags” himself, the Right Honourable Lord (John) Prescott, former Deputy Prime Minister. I had the pleasure of sitting next to him on the top table and was entertained by his grumpy Les Dawson style of delivery about his dealings with the Royal family and politicians and of course that famous punch, now referred to as “The Rumble in Rhyl”. There was also a charity raffle and donations in aid of Julia’s House.

The 85th CILEX annual dinner was held at The Highcliffe Hotel in Bournemouth. Hosted by the Branch Chairman, Mr Angus Nairn. A good meal was followed by speeches from Angus, the National President Mr Martin Callan and the after dinner guest speaker, the chief fire officer at Dorset and Wiltshire Fire and Rescue Service, Mr Darran Gunter. A disco rounded off the evening SRA Presentation at Bournemouth University – Monday 5 December – Julie Brannan, Director of Education and Training at the SRA attended Bournemouth University to give a presentation on “Important Changes to Qualifying as a Solicitor”. This includes a centrally set standardised assessment, the Solicitors Qualifying Assessment “SQE” and a substantial period of workplace training. Many people thought this would raise ‘floodgate’ issues regarding the number of new people qualifying as solicitors. JLD Christmas Quiz – Tuesday 20 December The Junior Lawyers Division organised a “Christmas Cracker of a Quiz” at Revolution, Bournemouth. There was a prize for each member of the top two quiz teams, of which my team, “Laura and the Old Gits” (myself and 2 colleagues teamed up with Laura Stone, President of the JLD) were not one of them! I am pleased to say however that we did not come last. All ticket proceeds were donated to the Poole and Bournemouth food bank. A very popular event.

Top Table Guests at the Chartered Institute for Securities and Investment Annual Dinner

BDLS Spouses Committee Dinner – Monday 21 November We were again entertained at the Spouses Committee dinner, also held at the Hilton, by the dulcet tones of our very own Mr Adrian Harding who serenaded us at the end of the meal with an extract from the famous aria Nessun Dorma.

Carol Maunder with her husband Jon. Top Table Guests at the CILEX Annual Dinner

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Southern Area Association of Law Societies meeting – Wednesday 11 January This meeting was held in Andover, at which various matters were discussed including the Law Society Governance Review, Regulation – Changes to the Handbook and the latest position regarding Criminal Legal Aid. Carter Community School Careers Fair – Tuesday 17 January As part of my mission to ensure that the BDLS engages with more local schools (not just the grammar schools) myself and our careers chair Shami Duggal attended the Carter Community School Careers Fair in Poole. The previous day, Laura Stone, President of the JLD, kindly attended the careers evening at Magna Academy School on behalf of the BDLS. We are signed up to attend numerous of these events throughout the year, having had a good response from the local schools to our initial enquiry. If there are any members who would like to assist by attending the occasional careers fair on behalf of the BDLS just let us know.


president’s column Theatre Trip, Evita – Tuesday 17 January

The Annual Lunch – Wednesday 8 February

Last year the BDLS conducted a survey with its members. In relation to social events generally, a large number of people responded that they would like to have a theatre trip. A block booking of 38 tickets were subsequently purchased for a night at The Mayflower in Southampton to see the outstanding classic musical Evita. The trip certainly seemed to have universal appeal with members of all ages attending. Many years ago I understand the BDLS had a theatre club but not for about 25 years. Following the success of our trip on the 17 January I feel it is time the theatre club was resurrected and so we will be arranging some further theatre trips – watch this space!

Perhaps our most prestigious and widely supported event of the year, held at The Pavilion in Bournemouth. We were all treated to a gourmet menu which I had had the great pleasure of tasting in advance the previous Summer. 328 people attended. Our after lunch guest speaker was Chris Barrie, the comedian, impressionist, actor and presenter. Best known to legions of fans across the World as Arnold Rimmer from the cult sci-fi series, Red Dwarf. Originally an impressionist with the Spitting Image team providing the voices for Ronald Regan and Prince Charles amongst others. He was Hillary, Angelina Jolie’s butler in the Tomb Raider movies and to many he is remembered as Gordon Brittas, the most irritating manager in the history of the British leisure centre industry in “The Brittas Empire” which was actually filmed just down the road from us at the Ringwood Leisure Centre.

Meeting with the JLD committee - Monday 6 February Some of the BDLS committee and JLD committee met up for drinks and a brainstorming session at the Brewhouse and Kitchen pub in Poole. The theme being for the two organisations to be 'More Joined Up'. We discussed how we could help each other with regard to sharing information, encouraging new members, publicising and organising events that would appeal to all members and holding more joint events. It's wonderful to have such an enthusiastic group of young lawyers coming up through the ranks.

Please also remember the following future events. 17.3.17

-

Annual Dinner – The Hilton Hotel

11.5.17 - Doctors/Lawyers Dinner – Bournemouth and Poole College of Hospitality and Catering 18.8.17

- President’s BBQ Summer Party at the BIC

This will be my last President’s Column so thank you as always for your continued support and involvement in the BDLS events. ■

Carol Maunder, Laura Stone, Edward Adamson, Nigel Smith, Fiona Knight, Hayley Stack

President CAROL MAUNDER Dutton Gregory LLP 3 Poole Road, West Hill, Bournemouth, Dorset BH2 5QJ DX 7635 Bournemouth Tel: 01202 315005 Fax: 01202 315004 Email: c.maunder@duttongregory.co.uk Senior Vice President NIGEL SMITH Ellis Jones Solicitors LLP 302 Charminster Road, Bournemouth, Dorset BH8 9RU DX 122752 Bournemouth 10 Tel: 01202 525333 Fax: 01202 535935 Email: nigel.smith@ellisjones.co.uk Junior Vice President EDWARD HOLMES Forest Edge and Meesons 1st Floor New House, Market Place, Ringwood BH24 1ER Tel: 01425 484420 Email: egholmes@fe-legal.co.uk

Honorary Secretary MARK KITELEY Kiteleys Solicitors 7 St Stephens Court, 15-17 St Stephens Road, Bournemouth, BH2 6LA DX 156940 Bournemouth Tel: 01202 299992 Fax: 01202 297329 Email: mark.kiteley@kiteleys.co.uk Treasurer FIONA KNIGHT Tel: 07715 493820 Email: fiona@lawknight.co.uk

Assistant Honorary Secretary and Careers Chair SHAMI DUGGAL Rawlins Davy DX 7629 Bournemouth Tel: 01202 558844 Fax: 01202 557175 Email: shami.duggal@rawlinsdavy.com

CAROL MAUNDER BDLS President

Press Officer IAN RICHARDS Kiteleys Solicitors 280 Lymington Road, Highcliffe, Dorset BH23 5ET DX 45351 Highcliffe Tel: 01425 278866 Fax: 01425 276656 Email: ian.richards@kiteleys.co.uk Council Member TIM O’SULLIVAN The Law Society, 113 Chancery Lane, London WC2A 1PL DX 56 London/Chancery Lane Tel: 07733256473 Email: tim.osullivan63@gmail.com BDLS Office MANDY HEATH & JULIE REEVES BDLS Office Borough Chambers, Fir Vale Road, Bournemouth BH1 2JJ DX 7616 Bournemouth Tel: 01202 587551 Email: office@bournemouthlaw.com

TheBournemouthLAWYER 5


local news

ANNUAL LUNCH 328 local solicitors and their guests enjoyed a superb lunch at The Pavilion, Bournemouth on Wednesday 8 February. Our President, Carol Maunder, welcomed the top table guests including our speaker – Chris Barrie and the Mayor of Bournemouth, Councillor Eddie Coope. Also represented on the top table were Presidents of local professional organisations including the South Wessex Local Association of the Royal Institution of Chartered Surveyors, South Coast Branch of the Chartered Institute of Securities and Investments, Bournemouth Chamber of Trade and Commerce and Southern Society of Chartered Accountants The sponsors were Aon, Copyrite, PKF Francis Clarke, Finders and Search Acumen. A huge thank you to them for supporting this event. Carol Maunder welcomed everyone and told us a gripping tale of 'derring do' in which she recounted the Apollo 11 moon landing back in 1969. In particular, all the dramas that occurred in the last 10 minutes before Neil Armstrong and Buzz Aldrin touched down on the moon - an edge of the seat speech!

Gordon Brittas, of The Brittas Empire. He then proceeded to entertain us with impersonations from his Spitting Image days – Prince Charles, Ronald Reagan and Paul Daniels – to name a few. He finished off with stories about his time as Arnold Rimmer with Red Dwarf. The guests were delighted that he was able to stay on after the lunch to answer any questions and pose for photos. Finally, our thanks, once again, to The Pavilion for their excellent organisation, food and service. To view photos please click here: https://www.flickr.com/gp/151920544@N02/7Lf044 We are already working on the booking for the Annual Lunch 2018 and details will be announced as soon as possible!

Our guest speaker, Chris Barrie, impressionist, actor and comedian, certainly did not disappoint! Chris captivated the audience when he approached the microphone in character as

President Carol Maunder and Chris Barrie

HEPPENSTALLS - Adam Derbyshire, Chris Hayward, Gary Watson, Danielle Harvey, Krysia Watson, Tersha Dyer, Marie Redman, Nicola Davies and Jonathan Yousafzai

Guest Speaker Chris Barrie

LACEYS - Chris Frost, Mark Timberlake, Alex Nicholson and Robert Jones

Photography by Adam Lynk of Lynk Photography Email: hello@adamlynk.com | www.adamlynk.com

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local news

ANNUAL LUNCH

HUMPHRIES KIRK - Richard Stevenson, Simon Cross, Charlotte Dollimore, Edward Green and Nick Rymer

WILLIAMS THOMPSON - Steve Ellson, Suzanne Kadziola and Peter Watson-Lee

MATTHEW & MATTHEW - Lewis Till, David Webb, Lalitha Dodwell, Katie Wilson, Adam Gowhar, Emma King and Chris Rowley

Phil Ford (Copyrite) with Phillip Beattie and George Knijff (Copyrite)

Peter Sowerby and Zoe Dobson from Search Acumen with David Lapthorn and Russell Evans

Wilf Gomez (Search Acumen), Nick Davies (Steele Raymond), Marco D’Ovidio (Aon), Chris Barrie and Sam Church (Ellis Jones)

PRESTON REDMAN - Joe Edwards, Joe Spring, Anne Ackroyd, Rebecca Kefford and Dan Francis

Julie Reeves with Simonne Llewellyn and Kirsty How (Finders)

Photography by Adam Lynk of Lynk Photography Email: hello@adamlynk.com | www.adamlynk.com

TheBournemouthLAWYER 7


sponsor’s corner T N RS E O V S E ON SP

SUPPORTING YOUR CONVEYANCING ACUMEN

Search Acumen’s innovation in residential searches continues to flourish with more services designed to support conveyancer’s productivity in 2017. The introduction of a Quote Tool, that firms can either use to promote their fees directly on their website or behind the scenes to streamline the provision of quotes to potential clients , has proved to be of enormous value to our customers. An Auction Pack compilation tool that takes all the leg work out of a time-consuming task is another.

This has been followed by the arrival of a unique new service for the Commercial market. Big data has enabled a transformation of the due diligence process for real estate lawyers. It gives in depth access to property data sets – such as Land Registry, Highways, Ordnance Survey and the Environment Agency – and provides the ability to conduct and manage searches in a revolutionary way. We would value the opportunity to discuss how these new services, as well as those in the pipeline, may be of benefit to your firm. For further information please contact Zoe Dobson, Client Relationship Manager, 07780 505028

D

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Time out to review your strategy and planning for 2017 and beyond Having advised solicitors’ practices for the last 20 years Andrew has developed a national reputation for practical and specialist advice to law firms. The range of advice he provides is diverse including strategy, profit improvement, tax planning and business structuring, as well as the usual compliance services in relation to audit and accounting matters. Andrew is the Chairman of the ICAEW Solicitors Special Interest group and on a regular basis works closely with the SRA and other national bodies that both represent and support the legal sector. Andrew is the current author of the annual Law Society Management Section’s South West benchmarking survey and LawNet’s Annual Financial Benchmarking report. Topics covered will include:

• Review of financial performance in law firms in 2016 and outlook for 2017 • Structuring and tax planning update for law firms and their partners following recent taxation and SRA regulatory changes • Pension planning for lawyers (and law firms) in the new pension landscape • Update on regulatory issues affecting law firms including Separate Business Rule changes and changes to the SRA Accountants Rules • Other topical accounting, taxation and strategic issues affecting law firms Venue: Towngate House, 2-8 Parkstone Road, Poole Time: 7.45am for 8am until 10am To reserve your place please email: chris.baker@pkf-francisclark.co.uk

Finders International are delighted to announce that it has been selected as the preferred supplier for its Genealogy services by LawNet, the leading UK network of law firms.

T N RS E O V S E ON SP

FINDERS INTERNATIONAL IS THE PREFERRED CHOICE With nearly 70 members firms ranging from £2m-£20m in turnover, the LawNet network delivers a powerful range of benefits for its members and their clients. LawNet says "When selecting Finders as our preferred supplier we met with 4 other firms and spoke with numerous others over the telephone and did our own Internet research and spoke to members. The selection process was very thorough" Daniel Curran, Managing Director and Founder of Finders International says “We are delighted to have been chosen by LawNet and awarded the status of preferred supplier, It has been a fantastic start to our 20th year in business. We thank LawNet for this resounding endorsement and look forward to continuing to serve our clients as best we can in the future.” Finders International provide a comprehensive range of support services to those dealing with Estate Administration, from Solicitors, Banks, Corporate and State Trustees through to charities, professional administrators and executors, and Accountants. The private client sector has always been a primary focus for its business and Finders estimates to have worked with over 4000 law firms since the inception of the business in 1997. With offices in London, Edinburgh and Dublin, Finders International works with law firms across the UK providing a wide range of services, including:

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Speaker: PKF Francis Clark Partner, Andrew Allen, leads our specialist national legal sector team. Andrew personally advises Andrew Allen, BSc (Hons) FCA in the region of 100 of the 130 law firms we act for across the UK which range from top 100 firms to sole practitioners.

• Missing beneficiary tracing • Securing clients for you on seemingly Bone Vacantia estates • Overseas Bankruptcy searches • Missing will searches, pre-approved by AVIVA for missing will insurance • AVIVA missing beneficiary insurances • Missing Asset searches • Property sales and services from a range of choices to suit all clients Finders International aims to provide the highest possible quality of service and to raise standards within its industry. In 2016, Finders set up the International Association of Professional Probate Researchers (IAPPR). The IAPPR is aimed at providing a single, authoritative voice for industry professionals. It educates, informs, regulates and advises professionals, the public and anyone seeking experienced and reliable opinions. The IAPPR also gives consumers and clients recourse against rogue probate research firms. For further information please visit www.findersinternational.co.uk Telephone: freephone 0800 085 8796 (UK only) Email: contact@findersinternational.co.uk

T N RS E O V S E ON SP

PROTECT AND EVOLVE EVOLVE YOUR APPROACH TO RISK

Aon UK Limited, one of the UK’s largest insurance brokers1, specialises in arranging insurance for solicitors and our team of dedicated client managers are available to support you throughout the year. We can arrange the Professional Indemnity (PI) Insurance your business needs and offer enhanced services to help manage risk. As well as arranging PI insurance, we can also help arrange office, motor, cyber risk insurance and private medical insurance. With over 36 years’ experience in the solicitors’ professional indemnity market,. No solicitor of any size or undertaking any type of work is ‘closed’ to us, so no matter how big or small your firm is, we can arrange your cover.

Whether your business is large or small, we are here to arrange cover and help your business manage risk more effectively. Protect your business with PI Insurance and evolve your approach to risk management today. To discuss further or for more information; Call Aon on 0330 838 1806 Visit aon.co.uk/solicitors 1Ranked third by brokerage, Insurance Times August 2016.

Aon UK Limited is authorised and regulated by the Financial Conduct Authority. Aon UK Limited, The Aon Centre, The Leadenhall Building, 122 Leadenhall Street, London EC3V 4AN.FP.PSG.1697.MH

T N RS E O V S E ON SP

For the law firm, it’s not so much about using technology to gain a competitive advantage but to be able to continue to function.

That is one of the conclusions of a report commissioned by Copyrite Business Solutions which considers The Future of the Office. The report poses the question: Can technology improve the way a firm interacts with the client, enhance the client experience, enable a firm to better reflect its culture, increase efficiency in the face of pressure on fees and margin? Or does the application of technology only really ensure a place on the starting grid? Included are the the views of Hemant Amin (Charles Lucas & Marshall), Helen Archibald (Barlow Robbins), Adrian Bourne (Stevens & Bolton), Andrew Chalkley (Boyes Turner), Philip D’Arcy (Blandy & Blandy), Mark Lello (Parker Bullen), Nigel Maud (Hart Brown), Christopher Millar (Downs), Mike Parker (Wilsons Solicitors), Tim Read (Clifton Ingram), Frankie Tierney (Herrington & Carmichael), Valerie Toon (Mundays), Matthew Truelove (TWM Solicitors), Ian Wood-Smith (Field Seymour Parkes).

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The report also considers whether the paperless office will ever happen, and why with data protection and system security, having the highest and most impenetrable firewall isn't enough. You can download a complimentary copy via this link or email George Knijff at George.knijff@copyrite.co.uk Copyrite Business Solutions helps legal firms to automate their office functions with technology to cut overheads, increase efficiency and reduce risk associated with client information. Ring George Knijff on 075403610252 www.copyrite.co.uk/legalreport


local news

CILEx Annual Dinner 2 December 2016

Angus Nairn Darran Gunter

Once again the Bournemouth and District Branch of the Chartered Institute of Legal Executives’ Annual Dinner was held on Friday 2 December 2016 at the Bournemouth Highcliff Marriott Hotel. The evening included fine wine, good food and great company. The new Chairman of the Branch, Angus Nairn thanked the Hotel staff, the Branch Committee and the sponsors for the event, Head and Wheeble and 3PB. He also thanked Sharala Lowe who dealt with much of the organising for the event. The president of CILEx Martin Callan attended and provided an informed speech regarding the future direction of CILEx, the support provided for Branches and thanked everyone for supporting the event. The guest speaker Darran Gunter, had just retired from his role of the Chief Fire Officer of Dorset and Wiltshire Fire and Rescue Service. He provided an insight into his previous role and asked

Top table Guests

some challenging questions regarding the future of the legal profession. Some guests stayed and danced on into the evening as others kept the hotel bar staff busy before retiring for the night. Angus thanks all of the guests for their support and for attending the event. Planning is now underway for the 2017 annual dinner. The Bournemouth and District Branch will be hosting the CILEx Roadshow Event on March 16th 2017 in Bournemouth as part of the Branch re-launch event. For further details please contact Angus at angus@fire-legal.co.uk or visit the branch facebook page at https://www.facebook.com/BournemouthandDistrictCILEx/ ■

BDLS Returns To The Theatre During the 1970s and 1980s amongst the outstanding and enjoyable events in the BDLS Social Calendar were regular Theatre visits. Organised originally and for many years by Vivienne Gale, wife of former President Richard Gale, the visits took members of the Society to local theatres and as far as Bath, Salisbury and Chichester to see a series of excellent shows, often accompanied by a dining experience. Sadly, these visits fell away some twenty five years ago much to the regret of the regular supporters. It was therefore a great delight to hear a few months ago that our President, Carol Maunder, ably supported by Mandy Heath, had decided to reintroduce a Theatre Visit to her year's programme. She invited members to join her on a visit to Southampton in January to see a new production of the classic musical from 1960 - "Evita".

Classic reborn" has been a smash hit at the Dominion Theatre in London and is now starting a nationwide Tour. The Theatre was packed and although this was a first night performance on a new stage, the production flowed without a hitch. The singing was of a high standard with Emma Hatton as Evita thrilling the audience with her magnificent voice - not an easy task when everyone remembers Elaine Page in the original production. The role of Che - played as a Greek -Chorus narrator - was sung with great authority and clarity by Gian Marco Schiaretti who is making his first UK Tour. Energetic dancing and imaginative use of lighting completed a great performance and drew a standing ovation from a delighted audience. The BDLS members left the Theatre humming the melodious theme tunes having enjoyed a great evening's entertainment. Not a bad way for hard working lawyers to relax on a cold winter's night !

Led by our President, some 38 Members and friends agreed to join the party to Southampton, travelling independently by car or train, to see the show on 17th January. The Mayflower Theatre is currently celebrating its 30th birthday and was in fine condition to receive our party in a crowded Stalls Bar where we took refreshment before the show began. "Evita", created by Andrew Lloyd Webber and Tim Rice, was a huge success in its first production in London. At the time nobody could explain why a musical about Argentina and the Peron family should be a success in Britain - but the glorious music, the lyrics and magnificent dancing won the day and one of the classic musicals of the century ran for years in the original production. This new production, described as "A Monumental Show" and "A

Thank you and congratulations to our President and to Mandy. We all hope this may be the rebirth of the Society's Theatre Club. ■ KEITH LOMAS BDLS Past President

TheBournemouthLAWYER 9


local news

BDLS ANNUAL SUBCRIPTION RENEWAL 2017 All members will have received their annual subscription request for 2017 which was sent out with our December Newsletter. Thank you to those who have responded promptly. If you have not already, could you please make arrangements to pay a soon as possible. You can now register that you are renewing online at

Standard Membership

https://www.bournemouthlaw.com/annual_subscription_form.html or complete and return the form that will be sent to you with the email version of this Magazine. If you are not responsible for these payments within your firm, please pass on to the relevant person. Thank you. The subscription rates are:

£90.00 £64.00

Associate Membership Concessions:

Member qualified for less than 5 years

£55.00

Member employed in a judicial or quasi-judicial position

£53.00

£55.00

Member employed but not in private practice

£42.50

Fully retired member

£15.00

Member not in employment The following discounts are applicable if all solicitors in the firm eligible to be members of BDLS, are members or will be put forward for membership at the earliest opportunity: • Fewer than 10 paying members of BDLS • Between 10 and 15 paying members of BDLS – less 12.5% discount for each subscription

• 16 or more paying members of BDLS – less 17.5% discount for each subscription with a maximum amount payable of £3,000.00

BDLS DIARY 2017 17 March 24 April 11 May 16 May 21 May 27 June 18 August 23 August 21 September 21 September 12-15 October 9 November

Annual Dinner at the Hilton Hotel in Bournemouth BDLS Annual General Meeting – Carlton Hotel Doctors/Lawyers Dinner BDLS Golf Section – Spring Meeting – Moors Valley Football Tournament – Pelhams Park Leisure Centre, Kinson, Bournemouth BDLS Golf Section - Solicitors –v-Estate Agents - Highcliffe Golf Club, President’s BBQ Summer Party – Purbeck Lounge, Bournemouth International Centre, Bournemouth BDLS Golf Section – Autumn Meeting – Dudsbury Golf Club BDLS Quiz Night – Marsham Court Hotel BDLS Golf Section – Dudsbury 25th Anniversary Match – Dudsbury Golf Club European Law Conference to Lisbon Wine Tasting - Cumberland Hotel

FORTHCOMING EVENTS We now have an online booking facility for BDLS events. Please view all events at www.bournemouthlaw.com/events All bookings to be followed up with payment by cheque or BACS. The forms will also be emailed to you - if you would prefer to print the form and return it hard copy or by email.

ANNUAL DINNER 2017

Friday 18 March 2017, Hilton Hotel. Bournemouth Please hurry and book your places for our prestigious Annual Dinner at the Hilton Hotel, Bournemouth. The ticket price of £42 includes: • a welcome drink • a delicious 3 course menu plus coffee & chocolates • wine on tables plus a bottle of champagne • an extremely entertaining, much sought after speaker – back by popular demand– His Honour Judge Martin Dancey to entertain us after the meal.

SPONSORED BY

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Please visit our website to book your places www.bournemouthlaw.com/dinner17 or complete and return the form that will be sent to you with the email version of this Magazine. Overnight accommodation is available at the hotel or its sister hotel, Hamptons, which is just next door. Julie Reeves Dinner Secretary


local news

FIVE-A-SIDE FOOTBALL TOURNAMENT

Sunday 21 May 2017 Pelhams Park Leisure Centre, Kinson, Bournemouth This tournament will take place, once again, at Pelhams Park Lesiure Centre, Kinson, Bournemouth. The booking form can be downloaded on the Bournemouth & District Law Society website at https://www.bournemouthlaw.com/Events.html or you can complete and return the form that will be sent to you with the email version of this Magazine. If your firm does not have enough players to raise a team, please do enter as an individual as we expect to be able to match players together to make up a team. It is possible to enter a firm team as usual for a fee of £55.00 or to enter as an individual for £10.00. As usual, we will use experienced and qualified referees. Last year’s competition (won by Ellis Jones) was enjoyed by all who took part and we hope that you or your firm will be able to join us this year. The entry form for team or individual entry is with the enclosed flyer. Daniel Francis, Tournament Organiser

PRESIDENT’S BBQ SUMMER PARTY

Friday 18 August 2017, Purbeck Lounge, Bournemouth International Centre Our Senior Vice President, Nigel Smith, will be hosting a summer party and BBQ on Friday 18 August. This will be in the Purbeck Lounge at the BIC and will include a fantastic view of the Bournemouth Pier fireworks from the balcony, a two course BBQ and musical entertainment from Rachel More.

The booking form can be downloaded on the Bournemouth & District Law Society website at https://www.bournemouthlaw.com/Events.html or you can complete and return the form that will be sent to you with the email version of this Magazine.

KINDLY SPONSORED BY

Paragon International Insurance Brokers Ltd, a leading, independently-owned insurance broker, operating in the Lloyd’s of London, Bermuda, European and International Specialty markets, is delighted to announce its support and sponsorship of the Bournemouth District Law Society. Paragon was founded in 1996 as a boutique insurance broker specialising in Professional Indemnity with the objective of providing a personalised, tailored service package for its clients. Paragon has grown into a major international insurance broker with offices in London and Bermuda. We remain 100% owned by management and retain a dynamic, entrepreneurial spirit. The UK Professions Team enjoys extremely strong insurer relationships in addition to managing their own exclusive professional indemnity solution, LawSelect. Janine Parker and Piers Winton have decades of experience working specifically for SME Law Firms and continually seek to enhance their offering for clients. Piers Winton, Senior Vice President at Paragon comments, “We understand that every legal practice is different and will have its own unique set of requirements. With an ever evolving and

Piers Winton

Janine Parker

challenging trading and regulatory environment we have to be more than just an insurance broker, which is why we offer business management, risk and marketing support to all our members. Saving money on professional indemnity insurance is just a small component of what we offer.” “We are excited by the opportunity to partner with the BDLS and look forward to supporting many of the events over the coming years. Long term relationships are extremely important to us as well as fully understanding the real time needs of law firms. We look forward to meeting you at the upcoming BDLS events and would welcome the chance to discuss any challenges you are facing and the successes you are enjoying” For further information or should you have any questions, please contact Piers on 0207 280 8224 or pwinton@paragonbrokers.com

European Law Conference 12-15 October 2017, Lisbon

The Lisbon Conference is virtually sold out so if you wish to take advantage of a visit to this delightful European capital city please contact Sarah Richards with your booking form as quickly as possible. Since the flyer was drawn up, the UK Ambassador has confirmed that she is hoping to attend the conference Gala Dinner. If we are lucky the delegation may be treated to access to the UK Embassy, as happened during the Vienna conference. Additionally contact has been made with the Principal Prosecutor and it is hoped that a tour

of the historic tribunal building may be possible. These are all experiences which money simply cannot buy. Your President elect Nigel Smith and his wife Sian plan to welcome all delegates generously and enthusiastically and a few sessions by the bar with Nigel must surely be something not to be missed? Sarah Richards Conference Organiser Email: Sarah.Richards@trethowans.com

TheBournemouthLAWYER 11


local news

BDLS GOLF GROUP The Autumn meeting of the golf Society was a fiercely competitive event which took place at Highcliffe Golf club. Edward Holmes

Bill Oliver won the Bone Salver with a point score of 37 and also won the Toldhurst Cup with a very respectable combined score for both the Autumn and Spring meeting of 74. Paul Turner was second and also hit the longest drive. It is my ambition to win the longest drive one day but until I buy clubs which were manufactured in this century rather than the last and also learn how to use a driver it appears unlikely. Alex Kerr was nearest the pin. For the Autumn event I introduced a new prize for the best shot of the day. This prestigious prize was won by Fiona Knight with a wonderful chip. My Dad used to say to me that golfers’ best food is finely crafted chips and well prepared greens. Thank you to all that played this year. In 2017 we have very exciting golf calendar with 4 events. We have the Spring meeting which will be held at Moors Valley on the 16th May, the Solicitors –v-Estate Agents match on the 27th June at Highcliffe Golf Club, the Autumn meeting venue to be confirmed on

THE 19th HOLE :

the 23rd August and Dudsbury 25th Anniversary match on the 21st September. The first three events are first come first serve while the last event is by invitation only. I hope to see as many of you as possible and new golfers are always welcome. Please contact me if you have any queries at egholmes@fe-legal.co.uk Edward Holmes BDLS Golf Secretary

ANYONE FOR TENNIS? Having recently played tennis with one of the golfers from the Golf Society I had thought – “why not a Bournemouth Law Society tennis team or teams?”. Maybe we could play other professions and it would be a bit like the Davis cup. Then I thought gratuitous violence with a tennis ball was not a good idea and disqualifications and bans would only lead to appeals. I understand that that there are quite a few tennis players out there and I know your names. I propose a tennis afternoon when anyone can come along for a knock and then I can see if anyone is as bad as me and then I can arrange some games against other professions and businesses. We can have a men's team, ladies team or mixed team depending on the interest. In fact I have already arranged our first match which will be in June against local Surveyors.

If you are interested in playing please email me before the end of February and I will arrange a practice session in April. Edward Holme egholmes@fe-legal.co.uk

BDLS AGM

Monday 24 April 2017, The Society’s AGM will be held on Monday the 25 April at the Carlton Hotel in Bournemouth. Registration will start at 4.00 pm with tea/coffee/biscuits available. The presentation will start at 4.30 pm. This year’s talk will be “Getting More Done: Time Management Top Tips” presented by Chris Croft. The lecture will give those attending one hour’s CPD.

The AGM will commence at 5.30 pm followed by a free finger buffet and drinks. Do come along and support your Society. Should any member wish to make a nomination for the General Committee, they should be received at the Bournemouth & District Law Society office – Borough Chambers, Fir Vale Road, Bournemouth, Dorset BH1 2JJ by the 5 March 2017. The AGM papers will be emailed to you shortly.

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local news DATE & TIME

7.3.2017 2.00 – 5.15pm 9.3.2017 10.00am – 12 noon 22.3.2017 2.00 – 5.15pm 28.3.2017 2.00 – 5.15pm 4.4.2017 2.00 – 5.15pm 24.4.2017 4.30 – 5.30pm 27.4.2017 2.00 – 5.15pm 9.5.2017 10.00am – 1.15pm 11.5.2017 9.00am – 5.15 pm 25.5.2017 2.00 – 3.00pm 8.6.2017 2.00 – 5.15pm 21.6.2017 2.00 – 5.15pm 5.7.2017 2.00 – 5.15pm 12.9.2017 3.00 – 6.15pm 26.9.2017 9.45am – 1.00pm 3.10.2017 2.00 – 5.15pm 19.10.2017 2.00 – 5.15pm 24.10.2017 2.00 – 5.15pm 14.11.2017 9.00am – 5.00pm

Lecture Programme 2017 LECTURE

Company Directors and the Law: Duties, Responsibilities and Liabilities Land Registry Seminar

LECTURER

Stephen Broomhall

Paul White & Andrew Robertson

VENUE

Hallmark Hotel Carlton Hotel

DJ Christopher Simmonds Dudsbury Golf Club

Family Law Update

Caroline Bielanska

Elderly Client Update

Land Registration Issues for Residential Conveyancers

Carlton Hotel

Ian Quayle

The Village Hotel

Civil Procedure Rules – Present and Future

Andrew McLoughlin

The Village Hotel

Private Client Conference

Various

The Village Hotel

Paul Clark

TBC Hallmark Hotel

John Thurston

The Village Hotel

AGM Lecture - Getting More Done: Time Management Top Tips Buy to Lets for Conveyancers

Managing the Demands of Legal Life

An In-Depth Look at Residential SDLT

Residential Leasehold Conveyancing Update

Estate Planning for the Middle Income ClientEffect of Residence Nil Rate Band

Chris Croft

Richard Snape LawCare

Ian Quayle

Commercial Property Update

Richard Snape

Company Law Update

Stephen Broomhall

Richard Snape

Residential Property Update

Carlton Hotel

Hallmark Hotel Hallmark Hotel

The Village Hotel Carlton Hotel Carlton Hotel

Hallmark Hotel

Civil Procedure Rules – Annual Review

Andrew McLoughlin

The Village Hotel

Property Law Conference

Various

The Village Hotel

Trusts and Estates – the Income Tax and CGT Consequences

John Thurston

The Village Hotel

For further details and booking form please visit Bournemouth and District Law Society Website – www.bournemouthlaw.com/lectures or contact the BDLS office at Borough Chambers, Fir Vale Road, Bournemouth BH1 2JJ – Tel: 01202 587551 – Email: office@bournemouthlaw.com

A BRIEF SUMMARY OF UPCOMING LECTURES Topic:

COMPANY DIRECTORS AND THE LAW:

DUTIES, RESPONSIBILITIES & LIABILITIES Date: Tuesday 7 March 2017- 2.00-5.15pm Speaker: Stephen Broomhall cost: £100.00 – Member and Associate Members of Venue:

£125.00 – Non Member of BDLS Hallmark Hotel

BDLS/Trainee Solicitor

The role of the Company Director is subject to an ever-increasing range of legal and regulatory responsibilities and liabilities, emanating from legislation, corporate governance and the common law. The position is often ‘accepted’ without due diligence as to the potential pitfalls and without any professional advice or training, particularly in SME’s. This course explores the rules and best practice relevant to all directors, whether of private or public companies and will be of practical application with an emphasis on current case law. Topics to be covered: • The nature of the company • Minimising risk through corporate structure • Who can be a Director? • The role of the Director • De jure, de facto and shadow directors • Directors’ duties • The risk of personal responsibility • Derivative claims and unfair prejudice • Indemnity and D&O insurance • Transactions requiring shareholder approval • Recent developments

Topic:

LAND REGISTRY SEMINAR

Date: Thursday 9 March 2017- 10.00am-12.00pm Speaker: Paul White & Andrew Robertson cost: £25.00 – Member and Associate Members of Venue:

£40.00 – Non Member of BDLS Carlton Hotel

BDLS/Trainee Solicitor

AGENDA •Requisitions and how to avoid them – Practical advice from land Registry on how to avoid delays to your applications caused by requisitions •Business e-Services – How to make the most of our business e-services to bring efficiencies to your business •Local Land Charges – Policy update – An update on how the Land Registry will deliver a single Local Land Charges register for England by consolidating 326 English local authority registers into a single digital register. • Recent developments

TheBournemouthLAWYER 13


local news

A BRIEF SUMMARY OF UPCOMING LECTURES Topic:

FAMILY LAW UPDATE

Date: Wednesday 22 March 2017- 2.00-5.15pm Speaker: DJ Christopher Simmonds cost: £100.00 – Member and Associate Members of Venue:

£125.00 – Non Member of BDLS Dudsbury Golf Club

BDLS/Trainee Solicitor

This lecture will cover: • Private law update • How to conduct a FHDRA tips and traps • Family Money update • The First Appointments up to an including FDR's; the problems and how to get the most out of them

Topic:

LAND REGISTRATION ISSUES FOR

RESIDENTIAL CONVEYANCERS Date: Tuesday 4 April 2017- 2.00-5.15pm Speaker: Ian Quayle cost: £100.00 – Member and Associate Members of Venue:

£125.00 – Non Member of BDLS The Village Hotel

BDLS/Trainee Solicitor

Topic:

ELDERLY  CLIENT UPDATE

Date: Tuesday 28 March 2017- 2.00-5.15pm Speaker: Caroline Bielenska cost: £100.00 – Member and Associate Members of Venue:

£125.00 – Non Member of BDLS Carlton Hotel

BDLS/Trainee Solicitor

A round up of the developments which impact on older and vulnerable adults. This lecture will include: • Court of Protection case law update • health and social care crisis and impact on care provision and funding • Undue influence and capacity case law update

Topic:

GETTING MORE DONE –

TIME MANAGEMENT TOP TIPS Date: Monday 24 April 2017- 4.30-5.30pm Speaker: Chris Croft cost: FREE OF CHARGE- PLEASE NOTE THAT  THIS PRESENTATION IS ONLY AVAILABLE  TO MEMBERS OF THIS SOCIETY Venue: Carlton Hotel

This course will cover: • Notices and Restrictions • Plans and Boundaries • Problems with registration of title • Rectification and Indemnity Claims • Adverse Possession • Execution of Documents • Registration of Charges • Prescribed Clause Leases • Recent Case Law

Part Two: Efficient Personal Organisation Systems • Lists: The three things you must have and why a jobs to do list is not enough • My top two email tips • Three things you may not know about how to get the best out of your diary

Topic:

Topic:

CIVIL PROCEDURE RULES –

PRESENT AND FUTURE Thursday 27 April 2017- 2.00-5.15pm

Date: Speaker: Andrew McLoughlin cost: £100.00 – Member and Associate Members of Venue:

£125.00 – Non Member of BDLS The Village Hotel

BDLS/Trainee Solicitor

This lecture will cover: • Fixed costs in the Multi Track - where are we? • The online solutions court - developing a business model. • Part 36 update – cases to March 2017 • Procedure update. • Withdrawing admissions - to permit or not. • Sanctions-changes and reminders.

Topic:

PRIVATE  CLIENT  CONFERENCE

Date: Thursday 11 May 2017- 9.00am-5.15pm Speaker: VARIOUS cost: £135.00 – Member and Associate Members of Venue:

BDLS/Trainee Solicitor £150.00 – Non Member of BDLS

The Village Hotel

Please visit www.bournemouthlaw.com/lectures for further information.

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This seminar will cover: Part One – How to Get More Done • The only five options for getting more done • Is it okay to say yes to something and then not do it? • How your personality may interfere with your best management of time

BUY  TO  LET  FOR  CONVEYANCERS

Date: Tuesday 9 May 2017- 10.00am-1.15pm Speaker: Richard Snape cost: £100.00 – Member and Associate Members of Venue:

£125.00 – Non Member of BDLS Hallmark Hotel

BDLS/Trainee Solicitor

The buy to let market is amongst the growth areas in conveyancing today. The course looks at some of the issues both in relation to the client and the mortgage company in particular, the SDLT changes of April 2016 and proposed tax changes are of major significance. The Housing the Planning Act 2016 also has major implications for security of tenure. Topics covered include: • Changes to SDLT •The Deregulation Act 2015 • The Housing and Planning Act 2015 • Reporting to the lender • Buy to Let in the light of the SRA Handbook • Houses in multiple occupation • Licensing of HMO’s • Planning issues and change of use • Obtaining documentation • Minimum energy performance standards as of April 2018 and its retrospective • Gas Safe Regulations which have major implications for the buy to let market. • Other regulatory provisions and residency checks

Topic:

MANAGING  THE  DEMANDS  OF  LEGAL  LIFE

Date: Thursday 25 May 2017- 2.00-3.00pm Speaker: Lawcare cost: £20.00 – Member and Associate Members of Venue:

£25.00 – Non Member of BDLS Hallmark Hotel

BDLS/Trainee Solicitor

Ann Charlton from LawCare will be giving a presentation about being a lawyer in the 21st Century with tips on managing the demands of legal life. The seminar will cover the following areas: • Stress: Physical, Emotional & Behavioural Signs of Stress • Why your mental health is as important as your physical health • Personal responsibility • Survival skills and strategies • Tips to Manage Stress • Work/Life Balance


junior lawyers

The JLD’s Winter Party – Cocktail Making at Cameo in Bournemouth, took place in November. The event was huge success with many cocktails drunk, shaken and stirred. A massive thank you goes out to Ash Elite Limited who kindly sponsored the event. Ash Elite’s Managing Director Sofie Scott was in attendance, and was a great sport in joining JLD members behind the bar in a “shake off” to see which local firm or organisation could create the best tasting cocktail, with Sofie managing to claim top prize! In December the JLD hosted our first “Christmas Cracker of a Quiz” in association with 3PB (who kindly donated some fantastic prizes) to raise money for the Bournemouth and Poole Foodbanks. The event sold out within weeks of being advertised and managed to raise a fantastic £340. Thank you to all the Junior Lawyers from Solomons Solicitors, Steele Raymond LLP, Humphries Kirk Solicitors, Laing Law, Lester Aldridge Solicitors, Trethowans LLP, Kiteleys Solicitors, Dutton Gregory Solicitors, and the LPC Students from Bournemouth University who took part and tested their festive knowledge. Congratulations goes to Sean Beaumont, Brittany Sheridan, Emily Chalk, and Chris Parsons representing Lester Aldridge who finished in first place, and May Hezwani, Nick Leedham, Darren Francis, Nicola Ash representing Coles Miller who came a close second! The JLD’s support of the Bournemouth and Poole Foodbanks will be continuing throughout 2017 as we are running our BIG FOODBANK COLLECTION again this year. Both foodbanks offer vital services to our communities, and last year a massive 825kg was collected by the law firms that took part in our collections across Bournemouth and Poole. This year we are striving to collect even more, and if your firm has

not yet signed up, and you would like to do so, please contact Jennifer.hargreaves@kiteleys.co.uk January saw the return of the JLD’s Laser Quest Event, and it was fair to say that things got a little competitive, with Pav Jureczko from Coles Miller and Edward Adamson from Lester Aldridge fighting it out at the top of the leader board. January also saw the launch of the JLD’s first ever website www.bournemouthjld.co.uk Details of our future events, together with photos from past events can now be viewed online!! In February, some of the JLD Committee also met with members of the BDLS Committee for a brainstorming session as part of a new initiative for the two organisations to work closely alongside each other in a “More Joined Up” approach. The JLD Committee is looking forward to working closely with the BDLS over the coming year, particularly in hosting more joint events together for our members! The JLD Committee are also pleased to announce that we will be hosting a variety of Charitable events across the year in support of Lewis-Manning Hospice. We hope our members will get behind us in raising as much money as possible for this very worthy and local cause. Further details to follow in the next edition of this newsletter! Laura Stone, President of the JLD

WINNERS Sean Beaumont, Brittany Sheridan, Emily Chalk, and Chris Parsons taking First Prize

Sofie Scott and the JLD Cocktail Making at Cameo Bournemouth

RUNNERS UP May Hezwani, Nick Leedham, Darren Francis, Nicola Ash – a close second

TheBournemouthLAWYER 15


local news

BDLS CAREERS SUB-COMMITTEE So far this year has been an incredibly busy year for the BDLS’ Careers Sub-Committee. The Committee has been working in partnership with Carol Maunder (the BDLS President) to deliver one of her aims. When the President was newly appointed, she set out a number of aims that she wished to achieve including extending the remit of careers information and practical help that the BDLS provides annually to all schools within its community and not only grammar schools. Due to requests being received from grammar schools, the BDLS has provided attendance at various careers fairs, given talks and presentations and assisted with CV interview days and mentoring principally to them. Shami Duggal and Carol Maunder Over the past few years, I have worked with past Presidents to This year, I have been working in conjunction with the President and extend that remit of BDLS help to the Bournemouth & Poole written to a number of schools within our catchment of University, and more recently, to students at the Bournemouth & Bournemouth, Poole and Christchurch, to offer the BDLS’ services to Poole College, located at the Lansdowne Campus. a wider audience. The responses received have been overwhelming and a number of invitations have been received to either present However, there is certainly a need for careers advice to be given at talks or attend careers fairs by various schools, including Twynham all schools, particularly as lawyers come from a background of all School, the Magna Academy, Carter Community School and the ages, cultures and academic levels (which are found in schools of all Bournemouth Collegiate School. descriptions). Often non grammar schools have been quite innocently overlooked. In addition, there does seem to be a misunderstanding amongst students (and even those in the profession) as to the usefulness and transferability of a law degree which needs to be addressed in all learning institutions as far as possible. Being a lawyer (namely a solicitor or a barrister) is not for everybody, but that does not mean that other roles, which are very much needed and both interesting and challenging should not be considered. These roles include the roles of court ushers, clerks, legal secretaries, paralegals and other types of fee earners, law costs draftsmen, researchers, Human Resources, accountants and those with IT and/or business backgrounds and which can be used in a law firm or another type of company or legal organisation. I have additionally found that most students (whether in grammar schools or non-grammar schools) are not aware of the stark differences between being a lawyer in private practice and In-houseand further advice is needed.

The BDLS has also been working to extend the numbers of bodies on the Careers Sub-Committee to meet this demand, and is working closely with Laura Stone on behalf of the Bournemouth & District Junior Lawyers Division (who has already attended some careers events on behalf of the BDLS) to cover the vast number of careers fairs to which we have been invited. Moreover, the President and the BDLS have forged links with the Dorset Young Chamber of Commerce, with the intention of organising a legal event together. The event will inform the wider sector of the various roles that can be undertaken in the legal sphere. It is hoped that such links can continue to be developed. If you have any other ideas in respect of the educational needs of schools or how the BDLS can help more or you may be able to assist with any upcoming careers fairs, please can you contact me at shami.duggal@rawlinsdavy.com.■ SHAMI DUGGAL, BDLS Careers Sub-Committee Chair

Bournemouth University ‘BU’ greatly appreciates the important role BDLS member firms play in providing placements and training contracts to BU law students. We were therefore pleased to invite BDLS members to attend a presentation by Julie Brannan, the Director of Education and Training at the SRA at BU in December.

Julie Brannan

The SRA’s consultation on a new approach to qualifying as a solicitor closed earlier this month. Julie Brannan outlined the proposals which include a centrally set standardised assessment, the Solicitors Qualifying Assessment ‘SQE’ and a substantial period of workplace training. The SQE will be divided into two parts: the first stage will test a candidate’s ability to use and apply legal knowledge; and the second stage will test legal skills and may be assessed during the period of the workplace training. In addition to passing the SQE, new solicitors will need to hold a degree, apprenticeship (or equivalent) and have undertaken a substantial period of workplace training (probably 24 months, certainly no less than 18 months) and meet the SRA’s character and suitability requirements. For more information visit: http://www.sra.org.uk/sra/consultations/solicitors-qualifying-examination.page

16 TheBournemouthLAWYER


in memoriam

HARRY ELLIS Tributes have been paid to one of the best known members of Bournemouth’s legal community who passed away just months after celebrating his 100th birthday. Harry Ellis was the toast of a special party in July 2016, organised by Ellis Jones Solicitors, the firm which bears his name. A leading member of Bournemouth Hebrew Congregation, he passed away on December 23. His funeral was held three days later. Harry began his legal career in Newport, Monmouthshire, where he was born, and was admitted to the roll of solicitors of England and Wales on May 1, 1939. Later that year he married Amy, his childhood sweetheart. Amy was also prominent in the local community and served as a Justice of the Peace for many years. Harry became a well-known member of the Bournemouth law community through his firms Mitchell and Ellis; Harry Ellis and Co; Ellis, Belcher and Co and, latterly, Ellis Fowler Belcher. The current Ellis Jones was an amalgamation of Ellis Fowler Belcher and Frank Jones & Co. Harry served as President of the Bournemouth & District Law Society from 1973 to 1974. Even after formal retirement Harry continued as a consultant to Ellis Jones Solicitors until relatively recently. Harry joined Bournemouth Hebrew Congregation in 1940 and was an integral part and a leader of the congregation. In 1947 he was elected treasurer as a young man aged just 31. He would go on to serve the community in various capacities for the next 70 years.

Highly respected: The late Harry Ellis, 100, with (left) Nigel Smith, Managing Partner, Ellis Jones Solicitors, and Paul Naser, a former partner with Ellis Jones.

Harry was first elected president of Bournemouth Hebrew Congregation in 1950 and he held this office on no less than five occasions. In 1965 he became a trustee of the congregation, an office he held up to this death. Nigel Smith, Ellis Jones’ Managing Partner, described Harry as a “legal legend.” He added: “Harry had retired by the time that I joined the firm 30 years ago but I was privileged to get to know him particularly during the course of organising his 100th birthday celebrations. “Harry was great company and a fantastic story teller. I last saw him a week or so before he passed away when he was on good form and inevitably insisted on me taking a glass or two of whisky with him – somewhat of a trademark! He truly had a life well lived and it was an honour to know him.”

Harry leaves a son, Jonathan. ■

DUDLEY EDWARDS

28th October 1934 – 17th January 2017

Dudley was born on the 28th October 1934. He had pleurisy in his early teens which restricted his education and from the age of 12 onwards he was virtually self-taught. Despite that, having obtained his “0” levels he commenced articles as a trainee solicitor with Marshall Harvey and Dalton solicitors in Bournemouth. He was admitted as a solicitor on the 3rd June 1958 aged 23.

1992 Dudley split his work as a Judge between Southampton County Court and Bournemouth County Court doing 2 weeks at Southampton County Court and two weeks at Bournemouth each month. After a couple of years he then moved to sit in Bournemouth County Court all the time. And it was at Bournemouth County Court that Dudley retired as a full time District Judge on the 26th September 2002 aged 67. Following retirement he sat as a deputy District Judge in various local County Courts for some 2 years.

He then spent the next 2 years or so as an assistant solicitor with Buchanan and Llewellyn also solicitors in Bournemouth and then joined Mooring Aldridge Brownlee another firm of solicitors in Bournemouth in March 1961. He thereafter specialised in family work. He was very much in demand and very conscientious about the work he did, working long hours if necessary. He eventually became a partner in the firm in 1965.

His nick name was Cuddly Dudley and that reflected what a kind considerate and conscientious Judge he was.

In about 1977 Dudley was appointed a Deputy County Court Registrar. Dudley was appointed a full time County Court Registrar on the 5th October 1981 aged 46 to Southampton County Court. In about 1990 when County Court Registrars were given a new title of District Judge so his title then became District Judge Dudley Edwards. In

He was married to Ruth for 47 years who survives him and has one daughter Caroline whose was adopted from Romania in 1990. He was a caring husband, a loving father, a loyal brother to his older sister who also survives him. He was an avid reader and historian with a penchant for military history, especially the Napoleonic Wars, and

up until recently, would travel annually to Penrith in Cumbria to meet with likeminded history buffs. He was a keen amateur photographer. Whilst the realm of digital photography somewhat befuddled him, he successfully captured each occasion with great panache and detail. He liked to treat life with a slightly humorous twist. He was a lover of good food and drink. Never one to want to leave a plate unfinished, he was rarely defeated by a meal, adopting the mentality of “slow but steady wins the race.” Taking the recommended daily allowance of alcohol rather literally at times, good food had to nearly always be accompanied by a glass of good wine. Without fail, he would raise a toast “to the Queen over the water”.■

TheBournemouthLAWYER 17


local news

COUNCIL MEMBER’S REPORT 14 December 2016 and Wednesday 8 February 2017

• The value proposition project. Council received a presentation from strategy and marketing consultants Simon Kucher & Partners instructed to inform work around an ongoing project to shape the future of the Law Society. In representing the profession the most important activities are speaking out publicly on issues which impact upon the profession, promoting access to justice for all and campaigning in the public interest on justice issues. In promoting the profession the most important activities are promoting the value of instructing a solicitor, promoting the value of the legal profession to society and the economy as a whole and championing England and Wales as the jurisdiction of choice. The most valued services are the online directory ( Find a Solicitor ) practice notes, forms and precedents and the Helplines. • Catherine Dixon, Chief Executive of The Law Society, announced her resignation to Council on 3 January 2017. The email headed, 'strictly private and confidential- not to be shared with third parties' was leaked within minutes to a legal journalist and widely circulated in the legal and national press. Ms Dixon served as CEO of the Law Society for two years in succession to Desmond Hudson. A leak enquiry is ongoing. • In her letter of resignation Ms Dixon said, " I cannot in good conscience continue to act as CEO of an organisation when I do not support the decision of its Council not to rigorously take forward governance reform." Catherine Dixon supported maximum terms

of office for Council members and argued for the CEO to have voting rights on a new Main Board. In October 2016 after careful debate Council rejected these propositions. The Council also voted to defer establishment of a Main Board until the completion of a review into the size and composition of Council. • At the start of February, Paul Tennant, a former housing association chief executive, was appointed interim CEO of the Law Society. Mr Tennant will work part time. Ms Dixon is on gardening leave until the end of her notice period- after which it is announced that she will take up a position as CEO of an agricultural college in the north of England. Recruitment consultants have been instructed to undertake a search and selection exercise for a new Chief Executive of the Law Society. • In welcoming Mr Tennant, Council members emphasised that the Society's and the SRA's joint multi-million pound information technology project and the level of staff turnover within the Law Society, running at an annual rate of forty percent, required close attention. The President, Robert Bourns, would attend meetings previously attended by the Chief Executive including the Mayor of London advisory panel on Brexit. The Council commended the President on his handling of the situation.

TIM O’SULLIVAN. ■

LAW LECTURE Wednesday 21 June 2017,

Bournemouth Hospital Charity, in partnership with Lester Aldridge Solicitors, is pleased to announce a law lecture in aid of the hospital on 21st June 2017. This informative and engaging lecture will help professionals writing wills to optimise legacy giving to good causes, reduce the number of contested wills and examine mental capacity issues – all using examples from recent cases. A tour of the hospital will also be available. Tickets are £95 to the benefit of Bournemouth Hospital Charity and can be booked at www.rbcharitylawlecture.eventbrite.co.uk.

18 TheBournemouthLAWYER

Details as follows:Lecture: Legacy Giving, Contested Wills and Mental Capacity Issues Date:

21st June 2017

Time:

2:30-4:30

Venue:

Royal Bournemouth Hospital

Speakers: Victoria Jones & Melanie Wilkins, Lester Aldridge Solicitors



firm news LESTER ALDRIDGE WELCOMES KATE STEWART Lester Aldridge is delighted to announce the arrival of Partner Kate Stewart into their Bournemouth office. Kate will be heading up their Property Litigation team. Since qualifying in 2001, Kate has worked in a large London law firm specialising in contentious property issues, and has expertise acting for private landlords and commercial developers. Kate brings over fifteen years of experience to their specialist property litigation team. Kate is a member of the Property Litigation Association and the Southampton Property Association. Lester Aldridge’s Property Litigation team advises landlords and tenants, developers, investors, funders, property institutions, retailers, insolvency practitioners, ports and marina operators and telecommunications operators. Kate Stewart

NEW APPOINTMENTS Steele Raymond LLP has appointed Helen Jones as a Senior Associate in its Residential Property Team, bringing with her a wealth of experience in all areas of residential property services from her 14-year tenure as a Conveyancer in Dorset. Devon-born and Cornwall-raised Helen moved to Dorset in 2003 where she specialised in Residential Property legal work.

Helen Jones

Kayleigh Medland

Kayleigh Medland also joins the commercial property team at their Bournemouth head office, after relocating to Dorset from Oxfordshire. Kayleigh has experience in acting for a variety of clients in relation to a wide range of commercial property work including landlord and tenant, investment and land development.

PROMOTIONS AT WILLIAMS THOMPSON SOLICITORS LLP Williams Thompson Solicitors LLP are delighted to announce that Emma Hamilton Cole became an equity partner in the firm on the 1st February 2017 and at the same time took up the role of Head of the firm’s family law department. Emma has expressed her delight at becoming a partner and also her enthusiasm in taking charge of the highly regarding niche family law section of the firm. Emma is a well-known and respected family solicitor and a trained mediator and collaborative lawyer. Emma is keen to maintain the firm family law standing and to build it’s mediation and collaborative law reputation and anticipates that in the next few months she will be looking to recruit a new family lawyer to add to the team.

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Emma Hamilton Cole


legal jobs SITUATIONS VACANT

Commercial Property - Solicitor Location: Salisbury We are looking for a commercial property lawyer to join our busy and successful Team based in our Salisbury office. The Team is one of the largest property groups in the region and has expertise in all areas of commercial property work, advising clients on a local, regional and national basis, including several household brand names. The ideal candidate will have gained experience in commercial property work at either a city or leading regional practice. Candidates should be commercially focused and pragmatic in their approach. The ability to work as part of a team and deliver excellent client service is also essential.

Family - Associate/Senior Associate Location: Poole We are looking for an experienced and reputable lawyer, who ideally is already familiar with the local area, to further develop a private family practice in our Poole Office. They should be either an experienced collaborative or mediation trained lawyer as well as a member of Resolution and potentially an Accredited Specialist. Successful candidates will also need to be able to demonstrate strong technical skills and have a desire to market, network and develop their caseload. Candidates should be able to deal with a wide range of family matters including divorce, financial provision and children.

Insurance Litigation – Paralegal Location: Southampton We are looking for a Paralegal to join our busy Insurance Litigation Team based in our Southampton office. This is a part time position, ideally working 3 days a week or 9.00am to 2.00pm, Monday to Friday, or another similar working pattern. The successful candidate will have previous experience of working in a fee earning role, ideally within defendant and/or claimant personal injury work. The applicant will be confident in handling their own files and working with modest supervision. The role will involve administrative tasks relating to transactions, working closely with other fee-earners and drafting documents. This is a busy and demanding role and will require excellent organisational and interpersonal skills. The ability to work as part of a team and deliver excellent client service is also essential.

Banking – Solicitor Location: Southampton We are looking for a non-contentious Banking Solicitor to join our successful Team based in our Southampton office. Our existing Team offers strength across all areas of corporate, banking and commercial work. We are on the panel of several banks and advise clients on a local, regional and national basis. This role offers the opportunity for immediate exposure to high quality work from day one and provides excellent opportunities for career progression. The ideal candidate will have gained up to three years experience in banking work at either a city or leading regional practice. Candidates should be commercially focussed and pragmatic in their approach. The ability to work as part of a team and deliver excellent client service is also essential.

SITUATIONS VACANT

Private Client – Partner/Senior Associate Location: Poole We are looking for an experienced lawyer to join our Private Client Team in the Poole office. The successful candidate will have excellent knowledge and experience of Private Client Law including Wills, Administration of Estates and Trusts. Candidates will be required to take an active role in Marketing and Business development and should be able to demonstrate confidence in generating work. There will be supervisory aspects to the role and a potential for progression to Head of Department within 12 months.

If you are looking for a new challenge and you think you have the necessary skills and experience, then please send your CV and covering letter, quoting BDLS advert to recruitment@trethowans.com

SITUATIONS WANTED Byron Sims I am currently an LPC student at Bournemouth University, having passed the GDL last year with a commendation. I recently returned to the UK after many years abroad to pursue my ambition of practising law - I have lived and worked in Latin America, Spain and France and am fluent in French and Spanish. I have an Upper Second Class Honours degree in modern languages and currently volunteer for the Personal Support Unit at Bournemouth County Court. I am eager to start work in a firm and am enthusiastic about the opportunity of part-time work while completing the LPC which due to finish in June 2017. Ultimately, my goal is to secure a training contract. My professional experience has been gained around the world, in different languages and diverse environments. It has helped me to become an adaptable and practical person and able to deal with any situation in a calm and logical manner. I am interested in all practice areas, particularly those that would benefit from an ability with languages.

For further information, please contact Byron Sims at byronsims7@gmail.com or on 07946048453.

MAE PALASPAS I am currently studying A Levels at Avonbourne School and am looking for a two week work experience placement in June starting anytime between 19th and 23 June. I am interested in studying law at University so any work experience in a legal environment would be appreciated. I am computer literate.

Please contact me on 0788963591 email at: maepalaspas35@gmail.com If you are looking for a new challenge and you think you have the necessary skills and experience, then please send your CV and covering letter, quoting BDLS advert to recruitment@trethowans.com

TheBournemouthLAWYER 21


articles

Pictured l to r: Kathryn Casey-Evans, Employment Partner at Trethowans; Simon Rhodes, Head of Employment and Senior Partner at Trethowans; Mims Davies MP and James Humphery, Senior Employment Solicitor at Trethowans.

Law firm’s white paper reveals skills shortage will hold back prosperity in the central south The central south is facing a serious skills shortage in the next five years which is likely to hold back growth and prosperity. That’s one of the main findings contained in a White Paper on employment trends in the area produced by leading regional law firm Trethowans. The firm also noted that a significant proportion of the contentious issues reported in the workplace over the last twelve months related to pregnancy and maternity discrimination. With offices in Poole, Salisbury, Southampton and Winchester, Trethowans has obtained opinions from across the region. To give its unique perspective, the firm’s highly regarded Employment and Immigration Team led by Senior Partner Simon Rhodes, has surveyed more than 100 people from the three distinct and key stakeholder groups in the Employment Triangle, namely owners/managers, employees and human resources professionals. Eastleigh MP Mims Davies, who has just joined the Government under Prime Minister Teresa May, has added her weight to the report. Writing the foreword in the 20-page document Mrs Davies said: “I very much welcome the opportunity to launch this important piece of work which examines in some detail an issue very close to my heart: the workplace, particularly with women in mind.” Eastleigh MP Mims Davies has recently been appointed as the Parliamentary Private Secretary to Matt Hancock, the digital policy minister at the Department for Culture, Media and Sport. Her other duties include being Chair of the All-Party Parliamentary Group for Women in Parliament; Member of the Women and Equalities Select Committee. She added: “In my role as the MP for the constituency in which Trethowans has its Southampton headquarters, I make it my priority to see and understand first-hand how we can all play our part in bringing prosperity to the region. One of the important roles for Government is building the right environment for business to flourish, create jobs and boost the local economy.” Simon Rhodes, speaking at the launch event in Stoneham near Eastleigh, said: “The Employment Triangle of bosses, employees and HR professionals, highlighted the skills shortage facing the public and private sectors. It is already a key issue for the central south and the unanimous

22 TheBournemouthLAWYER

feeling across all three groups was that the skills gap will only get bigger. The three groups also agreed that the struggle to recruit skilled workers would continue to be a major impediment to growth and prosperity across the region. “The fact that all three groups consider this to be a major challenge, should be an invitation to owners/managers, employees and HR teams to work more closely together to resolve it. Putting all three viewpoints into the mix would create more workable ideas to help staff retention and recruitment. “Sadly, in many organisations that rarely happens in a meaningful way. It seems to us that all organisations - and the Employment Triangle relationships within them - would benefit from more innovation and flexibility. The combined power of employer, employee and human resources needs to be better harnessed for the good of the staff and organisation as whole." Reflecting on the tensions in the workplace surrounding pregnancy and maternity discrimination, Mr Rhodes said: “This area appears to be creating some tension and challenges for all three groups. This finding is given substance by anecdotal evidence gathered by Trethowans’ lawyers and reports published independently of this survey. “From our findings, we feel we have enough evidence to suggest that pregnancy and maternity-related issues could become an increasing workplace battleground over the next few years. This is obviously a great shame. The Employment Triangle can surely do more together to achieve a workable balance and reduce this tension. "We are delighted that Mims has taken such an interest in our project and I have to say the findings will give all three stakeholders groups some serious food for thought. I would certainly like to thank all the participants who have given their time so freely." For anyone who wants to receive a copy of the White Paper entitled “Working Towards 2020: Employment Trends in the Central South,” contact Employment Partner Kathryn Casey-Evans by email on Kathryn.Casey-Evans@trethowans.com


articles

BOURNEMOUTH No better place to work the senses, spark ideas and reward good work. The challenge and tumbles of a teambuilding event spark interactions that become much more back in the meeting room. Planning and preparing for these occasions is a huge undertaking for organisers. While they may understand their value, they don’t want the burden of making them happen. It makes more sense to recruit a local expert with an in-depth knowledge of the destination and the business connections to put a programme together that complements the event, encourages teamwork and is designed to suit everyone attending. Business Events Bournemouth offers a bespoke service for creating unique delegate experiences and teambuilding events that make the most of all that Bournemouth offers. After show entertainment, attractions, themed activities and outdoor pursuits are big in Bournemouth and the surrounding area, so there’s plenty of scope to create something really special for your team. Dorset’s unspoilt, protected landscapes and dramatic seascapes provide a superb and exhilarating setting for an eclectic mix of extreme challenges, coastal treks, off-road safaris, cosy pub stops and worldclass dining experiences. Coasteering, paddleboarding and bushcraft will test endurance, team spirit and encourage people to step out of their comfort zone. Local experts Cumulus Outdoors offers a range of outdoor adventure programmes for business, such as coasteering and bushcraft, designed so that everyone can take part and achieve their personal and team goals.

Bournemouth’s combination of unique venues and vibrant café society has more to welcome visiting delegates with social events like chocolate making, mixology, pizza parties, pier zip wire, dance workshops, and more. An increasingly popular teambuilding idea is use mobile technology to encourage visitors to explore the destination and work together to compete for prizes. Global event specialists Wildgoose Events like nothing more than finding fun ways to break the ice, get teams to gel, and spice up the annual conference. Wildgoose Events specialises in unique location-based challenges using an integrated app to engage, motivate and provide insight. Using GPS technology and image recognition, the traditional concept of a treasure hunt concept has been transformed it into a range of games played on tablets or smartphones. Each challenge can be customised with bespoke content and company branding, to reinforce corporate values and conference messages. To find out more Call 01202 456545 Email karina.gregory@businesseventsbournemouth.co.uk or Visit BusinessEventsBournemouth.org.uk

TheBournemouthLAWYER 23


articles

BOURNEMOUTH IN YOUR POCKET. Smartphone users expect everything they need to be just a few screen taps away, wherever they are. And conference delegates are no exception. With a destination app they can find cabs and restaurants, find out what’s on in local bars and cinemas, shop and take in the local sights and attractions. It also makes their money go further. Local businesses will be keen to design and publish special offers to reach the thousands of business tourists looking for ways to spend their money and free time, which means delegates get the best the destination can offer, for a great price. Last year, over 118,000 delegates visited Bournemouth. That’s a huge market for local firms to tap into, leading to plenty of choice and some very competitive deals for visitors.

offers relevant to events and the audiences who attend,” says Business Events Bournemouth’s Manager, Karina Gregory. “Delegates and visiting members of the public expect to have everything they need for their visit, on tap, on their smartphone. Our new app puts Bournemouth in their pocket, giving plenty of options to make the most of their visit and choose how and where to spend their money wisely.

“By providing a destination app we are giving visitors a more directed and focused experience that works faster than browsing a mobile website. Once they download it to their phone, the things they Last year, value most are in immediate reach,” says Simon Richards, over 118,000 Reservations Manager at Business Events Bournemouth. “Most of the data for the destination will live on the visitor’s delegates phone, rather than relying on fluctuating internet and wi-fi visited signals.

Business Events Bournemouth has teamed up with Bournemouth Town Centre Business Improvement District (BID) to develop and launch an exciting new app to attract more customers to the town centre. Launched this month, the Bournemouth app will create a Bournemouth. new channel for local businesses to promote deals and special offers to the many thousands of people coming to attend business “We can keep tuning the content to reflect the way people and consumer events in Bournemouth. use the app – the more we learn about our visitors’ interests and preferences, the more relevant the content will be to their experience.” Conference delegates, staff, exhibitors and other visitors will be able to download the app free to their Apple or Android smart devices to help To find out more Call 01202 055556 plan their visit and create their own itinerary for exploring the town. Email karina@businesseventsbournemouth.co.uk or Visit BusinessEventsBournemouth.org.uk Business Events Bournemouth 055556 for Bournemouth’s hotels, helping organisers to find the right fit in venues and accommodation for their delegates. “Now, with the new app, local businesses will be able create targeted

24 TheBournemouthLAWYER


technology

LEAP enhances technical support and grows team LEAP, the world’s leading cloud software provider for small law firms, has recently transformed its UK customer service model, moving from an inbound helpdesk telephone system to a LiveChat system where the vast majority of support issues can be resolved immediately.

A client logs onto the LiveChat system, the call is automatically logged and the client is straight away talking to the technical support team. The team operates a triage system and over 80% of problems are resolved straightaway. The option of phone support is always available. With the LiveChat system all ten of the LEAP support team say they have resolved an issue with online chat within one minute. How many phonebased teams can claim that? LEAP’s support team is UK-based, currently comprises of ten members, with three more to be added because of sales growth. Sarah Martin-Lewis, Helpdesk Manager for LEAP, comments: “Clients understand that LiveChat means an immediate response to a query without having to wait in a queue for a period of time Customer agent Rhys Tudor-Davies adds " LiveChat gives us the opportunity to resolve multiple issues at once and allows customers to get in touch quickly without the need to be kept on-hold." LEAP UK CEO Peter Baverstock comments: “We are exceptionally proud of our support team and we are delighted with the LiveChat system. We never give up on a technical problem. We pride ourselves in having the

best software for small law firms and we can now add the best support to that.” LEAP customer Derek Adkins, DRA Conveyancing Ltd. comments “We have found the LEAP support to be patient and reliable. To illustrate this, I was recently working whilst flying at 35,000 feet on an airline which offers Wi-Fi; having some problems, I contacted LEAP Support. They promptly logged on to my laptop remotely and almost fixed my issue (only weak Wi-Fi preventing full resolution). The next working day LEAP completed the fix allowing me to be fully engaged in the running of my practice, and the accounts, whilst 5,000 miles away from UK.” and finally …. Some amusing quotes from the support team have received from clients include: "Could you just pop down and sort this out for us? I’ll make you a nice cup of tea and a sandwich." "Would you like to come to a birthday party? There will be curry." “The moths are back. Can you help?”

GENEALOGISTS AND INTERNATIONAL PROBATE RESEARCHERS Phone: 020 7832 1430

I am a Solicitor

Email: info@fraserandfraser.co.uk

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

TheBournemouthLAWYER 25


probate

Genealogical research – The secrets of locating missing heirs With the majority of estates, identifying the rightful heirs is straightforward. However, when beneficiaries are missing or unknown it can throw the entire estate administration process into disarray. A case which highlights these risks involved a spinster who died intestate and left a £200,000 estate. Her paternal family was quickly located and reported that there were no surviving maternal relatives.

unless genealogical research has been undertaken beforehand. For larger estates, a recognised genealogy report is often the only viable option for legal professionals to take.

To safeguard you and your clients against the consequences of a missing beneficiary coming forward, many firms carry out a beneficiary search through a specialist genealogist, like Title Research. They However, when the deceased’s post was redirected to her This may sound provide a comprehensive report which identifies any potential solicitor, a card was received from ‘Cousin Joyce’ who had not unusual but heirs (and locates them if necessary) or at least provides been mentioned by any other family members. As a result, the Title Research reassurances that there is little chance of further beneficiaries solicitor appointed Title Research to research the family tree in existing. greater detail. They identified seven maternal family members reports that 40% of family “In the authors’ view, whilst there is no authority which provides who all stood to inherit from the estate under intestacy rules, trees that they assistance on this point, it is possible that a beneficiary might fundamentally changing the distribution of the estate. check contain successfully argue that the personal representative has acted in This may sound unusual but Title Research reports that 40% errors. breach of duty by appointing an heir locator on such a basis, of family trees that they check contain errors. Had the estate and should be personally accountable for the share that the beneficiary been administered without further investigation, the beneficiaries (and has paid to the heir locator.” their legal representatives) could have been left exposed if entitled beneficiaries emerged after the estate had been distributed. So how do you mitigate these risks? The SRA expects you to take reasonable steps to find all beneficiaries; only small estates of £500 or less can be self-certified and donated to charity. One way of doing this is to ask the beneficiaries whether they are aware of any other heirs but cases like ‘Cousin Joyce’ demonstrate how this approach is inherently unreliable. Specialist insurance cover to mitigate the risk of a missing beneficiary coming forward is also an option. However, very few insurers offer cover

26 TheBournemouthLAWYER

Tom Curran, Chief Executive at Title Research said: “Failure to carry out thorough genealogical research could result in a missing or unknown heir coming forward after an estate has been distributed. We locate thousands of missing beneficiaries each year which highlights how easy it is for legal professionals to fall foul of assuming that all heirs are accounted for. Our consultant genealogists trace people across the world and have a success rate of over 90%, so we are confident that we can help our clients with even the trickiest of estates.” For more information Title Research’s services, visit www.titleresearch.com or call 0345 87 27 600.


probate

THE ASSOCIATION OF PROBATE RESEARCHERS (APR) TAKES THE FIRST STEPS TO REGULATION IN THE HEIR HUNTING INDUSTRY

The Association of Probate Researchers (APR) was formed in response to the lack of regulation in the Probate Research (Heir Hunting) industry. Neil is a partner at Fraser and Fraser, the research firm who have featured most prominently on BBC One’s Heir Hunters programme for 10 consecutive series. After several years of looking at ways to promote regulation, Neil is delighted to announce that APR (which was incorporated in June 2016) is now a recognised body under the Professional Paralegal Register (PPR). APR’s new status is set to benefit its members, allowing them to hold a PPR practising certificate whilst they follow APR and PPR guidelines. The probate research industry is unregulated and APR was set up as a voluntary, self-regulatory body which aims to raise standards and to offer protection to beneficiaries from hobby genealogists and enthusiast amateurs. APR protects consumers (beneficiaries) from firms and individuals who believe that, after having watched the TV series, they can become probate researchers with very little or no legal training and experience. In the past few years there have been several cases of fraudsters posing as Heir Hunters resulting in millions of pounds being stolen from members of the public. This is just the tip of the iceberg. PPR was launched in 2015 by the National Association of Licensed Paralegals (NALP) and the Institute of Paralegals (IoP). The PPR was set up in direct response to the Legal Education and Training Review (LETR) in order to regulate paralegals and only recognise those who provide the highest of standards. APR is the fourth body to be recognised by the PPR and the only body for Probate Researchers or Heir Hunters.

Commenting on this development, APR Chair Neil Fraser said: “APR is the only Recognised Body for Probate Researchers that has access to a compensation scheme and an independent complaints procedure. We are proud to be working alongside the PPR to enhance the status of Professional Paralegals. Our members will at last be able to have their professional status recognised, this is only the beginning in order to justly regulate the industry, but it is a huge first step. “Beneficiaries can be comforted by the fact that our individual paralegal practitioners are regulated and backed by a compensatory scheme, an industry first.” Rita Leat, Managing Director of the PPR added: “We are delighted that APR is now a Recognised Body under the PPR. The probate research profession have been among some of the unsung heroes offering legal services and we welcome them as Professional Paralegal Practitioners. The PPR is the voluntary regulatory body for all legal service providers who work in the unregulated sector. It provides a robust but proportionate set of regulatory standards with a compensatory scheme available to consumers when things go wrong.” The APR is in talks with several of the leading firms in the industry and hope to announce more members in near future.

All APR members sign up to the professional ethics and code of conduct. Members benefit from: Inclusion on the Register held by the PPR; the ability to apply for Paralegal Practising Certificates which provide regulation that until now has been missing from the industry. The APR has an independent compensation scheme, which has been setup to promote regulation, protect fellow members of the legal industry, and more importantly reassures the general public and beneficiaries that they can turn to an authoritative body if they have been taken advantage of. TheBournemouthLAWYER 27


conveyancing

Tailored Regulation from a Specialist The Council for Licensed Conveyancers (CLC) was established in 1985 to foster competition and innovation in the conveyancing market. The CLC has always looked to be a proactive regulator in anticipating and monitoring the issues that affect the licensed conveyancing community. We work closely with all our licence holders and we listen to what they say, helping them to achieve the right outcomes for consumers. Today, we are still helping legal businesses to thrive by finding new ways to meet changing customer expectation. Our approach is to support firms to achieve compliance and to accommodate different ways of working where we can. In 2016 we were awarded the highest overall rating of any legal services regulator by the Legal Services Board. There has also been no need for an accreditation scheme for CLCregulated firms or lawyers, thanks to their specialisation and the effectiveness of our tailored regulation. In a recent survey, three quarters of licensed conveyancers stated that the CLC provides value for money and supports them in developing their businesses. From 1st November 2016 the CLC reduced its regulatory fees rates for Practices by 20%.

TAILORED REGULATION OF SPECIALIST LAWYERS PROTECTING THE CONSUMER SUPPORTING INNOVATION, COMPETITION AND GROWTH

The CLC regulates thriving firms of all types and sizes, and has always looked to promote high regulatory standards. Each CLC Practice is allocated a Regulatory Supervision Manager (RSM) whose role is to guide them in all regulatory and compliance issues. Should you wish to discuss your Practice’s requirements, whatever your business model, we will be more than happy to meet with you, or discuss them over the telephone. Please email Jeremyh@clcuk.org If you would like to find out more about CLC regulation, or are considering becoming a CLC regulated Practice then please visit the CLC website: http://www.conveyancer.org.uk/Regulation-by-CLC.aspx where you will find more helpful information, including how to qualify as a CLC Lawyer: http://www.conveyancer.org.uk/trainee-lawyer.aspx

IT’S TIME TO THINK ABOUT THAT MOVE

To find out more about how your practice could benefit from transferring to the CLC, contact us on the details below.

www.clc-uk.org/Changing-Regulators or call 020 7250 8465 28 TheBournemouthLAWYER


conveyancing

WHAT NEXT FOR CONVEYANCERS? It is a sad fact that Property Conveyancers often feel that they are being attacked on all fronts on a daily basis. Yes there are major external challenges, but it is not the complete picture. Conveyancers must look at the way they operate and make the necessary changes to meet the challenges of an ever changing environment. Clients, agents, lenders, cyber-crime, Money Laundering, staff, IT and now, in the light of the recent Mischon case, the Judges, all seem to be making the conveyancer’s life more difficult. Who says nothing changes in the conveyancing world? The only constant these days appears to be the law itself and it is always a worry when a conveyancer needs to look up the law! We are in a highly competitive market. Faster and more for less are the prevailing mantras. Everyone in the sector including the Government is pursuing its own interests and solicitors are not always best placed to compete with the professional rules they adhere to. However conveyancers are not blameless. The quality of conveyancing and the client service levels provided on occasions leave a lot to be desired. This leads to complaints and claims which are time consuming to deal with and costly in terms of any financial settlement or insurance claim as well as the reputational damage. Why are there often issues which arise which should have been dealt with correctly when the property was originally conveyed? We might think Brexit, economic uncertainty, lenders requirements, to name a few, are our greatest challenges. However if we are honest with ourselves, the single biggest threat might be ourselves our attitude and willingness to critically examine our current work practices, structures and pricing levels and to make the necessary changes.

What to Do? Accept it - The conveyancing market is where it is. There is no return to what we remember nostalgically as ‘the good old days’. Stop worrying – You are otherwise wasting your valuable resources which need to be utilised in positive actions. Pricing – Put your prices up. Value the work you do and have the confidence to charge correctly for it. Research shows the majority of people do not instruct on price. You cannot continue to do more for less. Staff – Staff are your greatest asset and highest overhead. You will already have some great people working for you. Carry out a skills audit of all fee earning and support staff and organise yourself to get the best out of them all and manage the performance of those who do not shape up. Training - Investing in training is critical as there is a shortage of suitable staff in the market. Why pay substantial recruitment agency fees when you can reorganise and train up in the way that suits your needs. Use more experienced members of staff to pass their knowledge on / mentor / train younger / new staff. Create your own good conveyancers rather than look to the market.

Fiona Knight

Tools to do the job - Ensure that your main asset, your staff, have the necessary IT (hardware and software) and physical working environment to enable them to work efficiently. Review all aspects of your conveyancing operation – documentation, procedures and processes. The competition has and will always be there and its intensity will only increase. Monitoring – Needs to be ongoing supplemented by feedback from reception and support staff. Very early file reviews will identify potential problems. Why wait until a client is unhappy or a fee earner is out of their depth for a senior person to intervene. We all know the problem areas. Back to basics –There is nothing new in this and no single magic bullet. If you break down every part of the conveyancing process and improve each one then you will achieve a significant increase in outcomes when you put them all together. Action and Follow Up – You should make the time to do this. A few more transactions by the senior people who have the authority to make changes will not drop to the bottom line in the same way that small individual improvements will across the whole operation repeated by all staff on a daily basis. Why put it off? JUST DO IT. You will never regret taking the time to look after and nurture the assets under your control.

Some good news On the whole conveyancers do a great job in a highly pressurised and demanding environment working to tight deadlines which requires technical as well as people skills. A well-functioning and profitable Conveyancing Department is an important asset to any firm as it provides a regular cash flow to service overheads because of the quick turnaround of cases. It is one area of law which involves positive contact with the community both private and business. It provides a great opportunity to cross sell other legal services particularly for private client. For capable ambitious younger lawyers and support staff it provides a fantastic opportunity for rapid career progression if they are prepared to put the effort in. So conveyancers pat yourselves on the back once in a while but also focus on making the changes that will make your lives easier and the work you do more profitable. Happy Conveyancing! Fiona Knight Committee Member, BDLS Property Group Fiona@lawknight.co.uk

TheBournemouthLAWYER 29


events

LEGAL CUP 2017- Open for Entries Every year in the spring sunshine, law firms from all over the UK flock to the South Coast to compete in the legendary Legal Cup. This year’s event takes place over two days from 20 – 21 May 2017 and includes the ever popular themed gala dinner and party. The weekend combines productive networking, team building and charity fundraising. It is the sailing event for the legal community. In 2016 over 250 people took part including Magic and Silver Circle firms. After some incredible fancy dress and amazing dance moves, Tahiti holiday prizes from our generous sponsor, and very close racing on the water, the Bar Yacht Club and Bond Dickinson departed with the coveted trophies. Other prize winners included Allen & Overy, Clifford Chance and Fieldfisher. Now is your chance to take part, please join us in 2017. With sign ups from Linklaters, Norton Rose Fulbright, Private Office Legal Services and Private Office Asset Management Ltd the competition is heating up. If you are a law firm looking for a new experience - the Legal Cup could be perfect for you. It doesn’t matter if you have never set foot on a yacht before; Our professional sailors will show you the ropes, so you and your team can have fun and get involved. We also accept entries if you have your own yacht.

See what supporters of the event have to say: “The Legal Cup is a great way to meet others in the industry and a fantastic opportunity to bring teams together. A great feature of the event is that it’s open to all levels of experience and develops a terrific sense of camaraderie among the crews” – Allen & Overy “With a history deeply rooted in shipping law, Norton Rose Fulbright is delighted to enter the Legal Cup for the very first time. The weekend has developed a reputation as a must attend event in the legal sailing and social calendar and we look forward to hoisting our colours on our debut in the Legal Cup 2017” – Norton Rose Fulbright "Without doubt one of the best sporting events in the legal sector. Whether you're a seasoned sailor or a complete beginner, the staff at Britannia pull out all the stops to make sure you have an unforgettable weekend and keep you coming back year after year.” - Herbert Smith Freehills LLP.

If you would like to enter your firm or find out more about the event, please visit the event website www.britanniaevents.co.uk/legal-cup or email the team on info@britanniaevents.co.uk 30 TheBournemouthLAWYER


management

“If you’re a taxdodger, we’re coming after you” The Prime Minister has pledged to take action against “advisers” who help the rich avoid tax In the Prime Ministers first Conservative Party conference speech as Prime Minister, she singled out advisers, accountants and middlemen as targets in the government’s clampdown on tax avoidance. ay says: “If you’re a tax-dodger, we’re coming after you. If you’re an • HMRC say that these penalties will not affect those who engage accountant, a financial adviser or a middleman who helps people to in 'legitimate' tax planning, but legitimate tax planning is not defined avoid what they owe to society, we’re coming after you too. and one person's legitimate tax planning is another person's unacceptable tax avoidance. You could have a situation where a “An economy that works for everyone is one where everyone plays client seeks tax advice about a potential tax liability and if the by the same rules. So whoever you are you – however rich or adviser tells them how to save tax they may be penalised by HMRC powerful – you have a duty to pay your tax. And we’re going to and yet if they do not advise the client they may be sued for make sure you do.” negligence. We can now all probably spot a mass marketed tax avoidance • Similarly, a solicitor is under a professional duty to act in the best scheme, but how do you now differentiate between what is a mass interests of his or her client at all times but how are they able to marketed tax avoidance scheme and what the mass of the advisor market and their clients would class as standard advice/planning to satisfy their professional obligations if advising their client on how to save tax may lead to HMRC imposing substantial penalties on the reduce down tax liabilities. solicitor concerned. I anticipate that the Law Society and the SRA HMRC is now looking to levy penalties of either 100 per cent of the will wish to express their views on the proposals. tax evaded, or £3,000, whichever is higher. In the consultation, • There are practical difficulties with the proposals. For which closes shortly, HMRC also calls for measures example, it is assumed that HMRC will not be able to subjecting each person found to be enabling tax HMRC is now seek legally privileged material which raises questions avoidance to a penalty in their own right. looking to levy of how HMRC will establish whether the lawyer penalties of Speaking with Adam Craggs, a Specialist Tax Litigation concerned has 'enabled' the avoidance and should either 100 per Partner at Reynolds Porter Chamberlain LLP, he therefore be penalised. Similarly, it is often difficult in cent of the tax expressed the following views/ complex tax disputes to quantify the tax 'avoided' and evaded, or • The recently published consultation document therefore it may be difficult to quantify any tax geared £3,000, 'Strengthening tax avoidance: sanctions and deterrents' penalty. whichever contains a number of government proposals for • The rule of law is designed, amongst other things, to is higher. deterring tax avoidance. In my view, the proposals are act as a constraint upon behaviour, including the ill thought out and are an attempt to conflate tax behaviour of government officials. If enacted in their evasion, which is of course against the law, with tax avoidance, current form, I would expect the proposals to be subject to legal which is lawful. challenge on the basis, for example, that they breach the Human • The main thrust of the proposals is the introduction of penalties Rights Act 1998. for 'enablers' of tax avoidance which is 'defeated'. The proposals are • HMRC are frequently provided with wide ranging powers which aimed at people who undertake transactions where tax is saved in they then rarely use. For example, the GAAR, which suggests that a way which was not intended by Parliament. It proposes charging such swinging powers are not necessary. No evidence has been penalties on everybody who enables others to avoid tax such as produced by HMRC to support the argument that these new trustees, accountants, IFAs and lawyers. The proposals appear to powers are really needed. be illogical because if somebody enters into a transaction with the Suffice to say the tax world is constantly changing for advisors, the intention of saving tax and following a challenge by HMRC the question is when does standard advice planning cross over into tribunals/courts find that it succeeds, the transaction is in accordance with the intention of Parliament and if the transaction is something more aggressive, the rhetoric from HMRC and the not in accordance with the intention of Parliament, it will fail and not Government seems to suggest it is at the point where any advisor now saves tax on behalf of its clients. save any tax. In other words, if it succeeds, it is not objectionable and if it fails there is no tax saving! Steven Vallery • The proposals will penalise professional advisers who have Business Development Director advised clients who have entered into perfectly lawful transactions S4 Financial Limited and claim, on the basis of the advice they have received, that the Contact: 01276 34932 transactions result in a certain beneficial tax effect. HMRC is suggesting that if the claim fails the professional adviser should be Important Information penalised for simply expressing a view on the law which does not This newsletter is for general information only and is not intended to be advice to any correspond with the view held by HMRC. For HMRC to say that specific person. You are recommended to seek professional advice before taking or although you have not broken any law we are going to penalise you refraining from taking any action on the basis of the contents. The FCA does not simply because you have disagreed with us must surely be regulate tax advice so it is outside the investment protection rules of the Financial unacceptable in an established democracy. Many commentators Services and Markets Act and the Financial Services Compensation Scheme. find the notion of penalising lawyers for advising their clients on the law repugnant. TheBournemouthLAWYER 31


legacies

A HISTORY OF PIONEERING CANCER TREATMENT Since it launched, The Institute of Cancer Research’s (ICR) free Will scheme has raised over £8m in legacy gifts, which have helped us make some of the most important discoveries in the history of cancer research. Help us continue our 100 years of ground-breaking research. From identifying cancer-causing chemicals in cigarette smoke, to the vitally important link between DNA damage and cancer, we’ve always been committed to improving treatment and prevention through our scientific research. Thanks to the research taking place at our labs in Chelsea and Sutton, we now understand more about the biology and genetics of cancer than ever before. This means we can diagnose patients earlier and target their treatment more effectively. As such, the proportion of patients surviving cancer has doubled since the 1970s. But we envisage a world where people can live their lives free of cancer as a life-threatening disease. We have bold plans to make this a reality. We’re using cutting-edge microscope technology to look in exquisite detail at the fundamental biology of cancer cells; we have plans to build a new Centre for Cancer Drug Discovery to help us discover more and better treatments, and tackle the challenge of drug resistance; and we’re investing in exciting new treatment approaches such as immunotherapy. Legacy donations are a vitally important source of funding for the ICR and past legacies have helped us to make some of our most significant discoveries. At the ICR we offer a Will for Free scheme,

32 TheBournemouthLAWYER

enabling people aged 60 and over to make a basic Will or update an existing one – and the ICR will cover the cost. Almost 400 solicitors across the south and east of England have partnered with the ICR on our Will for Free scheme, and together they helped secure almost £2.5million in legacy pledges in the last financial year. The importance of these pledges cannot be overstated; knowing that we can rely on future funds from legacy gifts allows us to embark on major research initiatives and invest long-term in finding the solutions to defeat cancer. To find out more about the ICR and our Will for Free scheme, please visit our website icr.ac.uk/legacy or call Marcia on 020 7153 5387 or email legacy@icr.ac.uk. “Having been a researcher at the ICR for almost 20 years, I have seen it go from strength to strength. I am proud of the impact its research has had, and will continue to have in the future. I decided to leave a legacy to the ICR in my Will because I want their vital work to continue.” Professor Robin Weiss FRS Former Director of Research at the ICR.



legacies

Canine Care Card Some dog owners worry what might happen to their dog if they were to pass away first, leaving their beloved four-legged friend without an owner. Thankfully, Dogs Trust, the UK’s largest dog welfare charity, offers the Canine Care Card, a special free service that aims to give owners peace of mind, knowing that the charity will look after their dog if the worst should happen. Not only does this offer reassurance to dog owners, it also helps to ease the minds of friends and family during what is already a distressing time. Over the past 12 months, Dogs Trust has taken in a whole host of dogs across its 20 rehoming centres in the UK as part of the Canine Care Card scheme and helped them settle into happy new homes. One of these such dogs is ten-year-old Jack Russell Terrier, Buddy who was taken in by Dogs Trust Glasgow when his owner sadly passed away. When he first arrived at the rehoming centre, Buddy was understandably missing his home comforts and hoping to find love again with a new owner. Thankfully, the team at Dogs Trust Glasgow were able to provide the adorable boy with a home away from home while he awaited his furry-tale ending. Dogs Trust never puts a healthy dog down, and works hard to match every dog with a responsible, loving home. After being lovingly cared for by staff at Dogs Trust Glasgow, Buddy is now starting life with a new family, who have even registered themselves on the Canine Care Card scheme.

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Sarah and Buddy the dog.

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 Buddy and many dogs like him are able to get a second chance at happiness and bring joy to a new family. If you decide to become a Canine Care Card holder, we will issue you with a wallet-sized card. It acts in a similar way to an organ donor card and notifies people of your wishes for your dogs, should anything happen to you. Dogs Trust also strongly recommends that you mention the care of your dog in your Will. That way, there can be no confusion about your wishes.”


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