Hampshire Legal August 2019

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ce en N er I O nf I T Co D



19-20 September

Inside this issue:

■ Conveyancing ■ Happenings in Hampshire ■ Awards


Practice act mana nagement & acc counts software

Outsou ourc ced cashieriing using Intera active tiv

Outtsourced cashier erin ng o any software on

Outsourrce Ou c d payroll ll serrvice ice

Outsourced bookkeeping service

Outsourced O typing service

Don’t puzzle - choose Quill 0845 226 2587 info@quill.co.uk quill.co.uk

Contents PUBLISHER Benham Publishing Aintree Building, Aintree Way, Aintree Business Park, Liverpool L9 5AQ Tel: 0151 236 4141 0151 236 0440 Fax: admin@benhampublishing.com email: www.benhampublishing.com web:



4 5

Officers President’s Review

Local News 6-11

Happenings In Hampshire

CPD – Training


12-13 Hampshire Law Society -


Social Events

ACCOUNTS Joanne Casey


CPD Events



National Local Law Society Conference 2019

15-17 Hampshire Law Society Annual Dinner & Awards 18-20 Award Nominees


August 2019 © The Hampshire Incorporated Law Society Benham Publishing


Member profile – Roderick Hursthouse


Junior Lawyers Division

© 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.

Articles 23



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


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



Email: bdo@hampshirelawsociety.co.uk Anyone else wishing to advertise or submit editorial for publication in Hampshire Legal please contact Anna Woodhams before copy deadline.

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


34 35 36


Offer targetted valuable content and experiences Fridays at Quill

Conveyancing 31

COVER INFORMATION (clockwise from Top left) Guest speaker: Simon Weston, HMS Warrior, HMS Victory and The Spinnaker Tower,, Portsmouth

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

The Art of Fire Investigation


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

31st October 2019 31st January 2020

Witnessing electronic signatures by a Notary



Autumn Winter

The benefits of expanding into the national media and why this is good for business.


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

Copy Deadlines

Annual Ball

Changes to CLR11Land Contamination Guidance Published GCS Title Insurance – Comprehensively Simple Unoccupied Property Insurance – We include all of the Covers Required, as Standard An X-press service for solicitors and conveyancing professionals

Finance 37

Cash as as Asset Class

Property Insurance 39

Renewing your PII for 2019 should be a priority

Book Review 40 41


Notices 42


Hampshire Law Society is focussing on improving its presence on Social Media Please follow us on Twitter @hampshirelawsoc And LinkedIn https://www.linkedin.com/company/hampshire-incorporated-law-society/




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


Business Development Officer

Mr J. Robertson

Alison Plenderleith

Email: jrobertson2006@hotmail.co.uk

Lanchet Cottage, Stuckton, Fordingbridge SP6 2HF Tel: 07429 523183 Email: bdo@hampshirelawsociety.co.uk

Deputy President Mr J. Gleisner Trethowans Botleigh Grange Business Park Hedge End Southampton SO30 2AF DX 154120 Southampton 48 Tel: 02380 820465 Email: james.gleisner@trethowans.com

Deputy Vice President Miss M Aldridge Jasper Vincent 44 Queensway Southampton SO14 3GT DX 2005 Southampton Tel: 023 8063 3225 Email: maldridge@jaspervincent.com

Law Society Council Members Nick Gurney-Champion (Hampshire and Isle of Wight) Biscoes 67 Union Street Ryde Isle of Wight PO33 2LN Tel: 01983 615615 Email: ngc@biscoes-law.co.uk

Honorary Secretary

Razi Shah (North Hampshire)

Mr I. Robinson

Appleby Shaw Trinity House 15a Trinity Place Windsor SL4 3AS DX 3830 Windsor Tel: 01753 860606 Fax: 01753 860620 Email: rshah@applebyshaw.com

Churchers Solicitors 13-18 Kings Terrace, Portsmouth PO5 3AL DX 2205 Portsmouth Tel: 0239 288 2001 Fax: 0239 286 2831 Email:irobinson@churchers.co.uk

Honorary Treasurer Mr T. Mitchell Trethowans Botleigh Grange Business Park Hedge End Southampton SO30 2AF DX 154120 Southampton 48 Tel: 02380 820465 Email: tom.mitchell@trethowans.com

Immediate Past President Miss K Colmer Email: kricolmer@hotmail.com

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

Hampshire Law Society is focussing on improving its presence on Social Media Please follow us on Twitter @hampshirelawsoc And LinkedIn https://www.linkedin.com/company/hampshire-incorporated-law-society/




James Gleisner james.gleisner@trethowans.com

Education & Training

Anthony Harris (Chair) ajharris@clara.co.uk Kristina Colmer Alison Plenderleith Nicola Jennings Joe Robertson Milly Bygrave Moore Blatch (Co-opted)

Litigation & Disputes Resolution

Russell Evans (Chair) russell.david@yahoo.co.uk Wendy Hewstone (Co-opted) Steven Wood (Co-opted)


Roderick Hursthouse Alison Plenderleith Deglan Rowe

Non Contentious

Matthew Robbins Simon Whipple Nick Gurney Champion


Joe Robertson (Chair) jrobertson@jaspervincent.com Simon Whipple James Gleisner


Mo Aldridge (Chair) maldridge@jaspervincent.com Kristina Colmer Alison Plenderleith Nicola Jennings


Adrienne Edgerley Harris (Chair) Adrienneedgerleyharris@gmail.com Roderick Hursthouse Ian Robinson


Kristina Colmer (Chair) maldridge@jaspervincent.com Sarah Hallett Mo Aldridge Alison Plenderleith

Student University Liasion Russell Evans Russell.david@yahoo.co.uk


President’s Review Summer 2019 Congratulations to all our award winners who were honoured at the Annual Dinner in June.


ull details can be found from page 15 along with lots of photographs from the event. We are delighted to have raised over £1000 for Dementia Admiral Nurses which was kindly matched by Barclays so a big thank you to them. We have already booked next year’s event which will be on the 4th June at the Hilton and we have an exciting speaker lined up. Our next major event is of course the National Conference to be held in Portsmouth on the 19th and 20th September where we will be welcoming local law society representatives across the UK. Looking further ahead to Decembers and the end of my year as President, the AGM will be held at the Solent Hotel in

Whitely on Tuesday 3 December. The AGM will be followed by a Christmas Dinner to which you are all welcome and details will be emailed out shortly. We will be using this opportunity to congratulate any newly qualified local solicitors and CILEX. If you fall into this category or know someone in your firm who does, please let them know and encourage them to attend. We will also be launching the 2020 Awards. The Committee have been working hard on putting together a 3 year business plan which incorporates much of what you as members suggested in the members’ survey. We will be focussing more on social media and members’ events. The most recent of these was a New Forest walk which took place on 28th July in the New Forest It was a glorious day, great company of 16 people and 2 dogs enjoyed a nice easy 2.5 mile amble through the woodland, out on to the heaths and back to the pub - The Royal Oak, Fritham. ■

Joe Robertson President, Hampshire Law Society



Date: Tuesday 3 December Timetable: 1630 – Refreshments 1700 – AGM 1800 – Sponsor presentation 1815 – Pre dinner drinks 1900 – 3 course dinner 2130 – After dinner speaker

Venue: Solent Hotel, Whiteley Cost: AGM only – free for members Dinner: £35.00 inc three course seasonal dinner with coffee We would like to introduce something new this year to the proceedings and use the AGM as an opportunity to welcome and congratulate any newly qualified local solicitors and CILEX. If you fall into this category or know someone in your firm who does, please let them know and encourage them to attend.




Happenings in Hampshire

10 firm wide promotions at Moore Blatch With the firm’s continued growth and success in the South East, Moore Blatch, a top 100 law firm, is delighted to announce 10 key promotions firm wide.


atherine Maxwell (Head of employment), Trevor Sterling (Head of the major trauma team), Rob Evans (Head of professional negligence) and Archie Sherbrooke (Partner, real estate) – all existing partners – have been promoted within the partnership. These promotions broaden the leadership profile of the firm and look to the future by ensuring the very best leadership team is in place. There have also been two new promotions to Partner – for Emma Edis (employment law specialist) and Thomas Clark (corporate law specialist). Along with four promotions to Associate solicitor – for Mea North (community care and public law), Marina Clinnick (professional negligence), Kirsty Bowyer (corporate law) and Paul Kingsley (medical negligence).

Commenting on the promotions, Ed Whittington, managing partner at Moore Blatch, said: “As a firm, we have built a reputation for being innovative, dynamic and forward-thinking – committed to our clients and going the extra mile for them. All those that have been promoted are a testament to this approach, excelling in their different practice areas to deliver excellent results. “Congratulations to everyone that has been promoted. A business is only as successful as the people it employs. We’re proud of the first class legal advice that all our solicitors provide, which in turn ensures Moore Blatch remains a market leading firm.” ■

Expansion for Verisona Law’s employment team After studying law to Masters degree level and gaining several years’ professional experience, Verisona Law is delighted to welcome newly-qualified solicitor, Harvinder Pahal, to strengthen the employment division of the firm’s business law offering.


arvinder studied at the University of Portsmouth and went on to gain experience in several Southampton law firms before completing the LPC in 2016. Before joining Verisona, Harvinder completed her training contract at Linder Myers in Southampton. Now, she has moved to Linder Myer’s sister firm under the Metamorph Law group, Verisona Law and begun work in the firm’s Employment Law team. ‘The most satisfying moments of my career so far have been when clients thank me for solving their problems or successfully finding a way forward in a difficult situation,’



she says. ‘Nowhere is that more important than in the sensitive, personal and often emotionally-charged issue of employment and it is our job as lawyers to keep things calm and negotiate a resolution.’ Sue Ball, Managing Director and Head of Employment Law commented: ‘I am delighted that Harvinder has joined the employment team during this exciting time for Verisona and the Metamorph Law group. I wish Harvinder every success with her future career at the firm’. ■

Happenings in Hampshire

Pictured left to right: Organisers of the event from Friends of Alex Lewis: Nadine Collinson, Vicki Taylor, Liz Trevor, Hannah Walker, Fiona Arnott

Regional businesses show support for Alex Lewis Trust event as Winchester’s Hotel du Vin plays host Businesses and residents from across Hampshire came together to show their support for the Alex Lewis Trust at a Spanishthemed event at Hotel du Vin in Winchester recently.


he event, organised by Friends of the Alex Lewis Trust, was held to launch ‘Alex Talks’ a new programme of motivational speaking hosted by Alex Lewis. The event was sponsored by Paris Smith LLP, NFU Mutual Winchester Agency, Smith and Williamson and 21Six and also served to raise the profile of the Trust so that it can continue to help people with Strep A. Speaking at the event, Liz Trevor, director of strategic partnerships at Paris Smith LLP, said: “It is so important to Paris Smith to be involved in the community. We’re passionate about collaboration, and working with people who have a real positivity about life and who want to help others facing life challenges.” This event has helped raise more than £5,000 for the Alex Lewis Trust. This money will be used for rehabilitation costs, including wheelchairs, home adjustments and prosthetics. Alex Lewis contracted Strep A in November 2013 which led to quadruple amputation and facial reconstruction. The Trust was set up to help fund Alex’s rehabilitation costs to enable Alex to lead as normal a life as possible.

For more information about Alex Lewis Trust, please visit http://www.alex-lewis.co.uk ■

Francis Benali and key Southampton charities join Paris Smith LLP for rare dinner in the Mayor’s Parlour Paris Smith LLP was gifted the rare opportunity to dine with the Mayor of Southampton following its landmark 200th anniversary and invited Francis Benali and key Southampton charities along.


he firm, which has offices in Southampton and Winchester, took the opportunity to invite charities within the city, to the dinner held in the Mayor’s Parlour in Southampton’s Civic Centre. It also gave Paris Smith the opportunity to congratulate Franny Benali on his incredible Ironman efforts and reaching his goal of raising £1 million for Cancer Research UK, of which Paris Smith’s recent donation contributed. In attendance from Paris Smith were senior partner and head of charities Nick Vaughan and head of planning, Janet May. Nick said: “It is a great honour to have the Mayor of Southampton host this dinner in the Mayor's Parlour as an acknowledgement of Paris

Pictured left to right: Councillor Stephen Barnes-Andrews, Francis Benali, Janet May, Nick Vaughan

Smith's 200 years of providing legal services in Southampton. It was especially poignant it was the current Mayor, Councillor Stephen Barnes-Andrews' final event of this mayoral year as the 796th Mayor of Southampton. “We wished to mark this special occasion by inviting individuals and representatives from charities which make a real difference within the city. The dinner also coincided with the end of Francis Benali's incredible Ironman challenge and we hope Paris Smith’s recent donation contributed towards his £1 million target.” ■



Happenings in Hampshire

26 miles to raise Smiles4Wessex 20 members of the Personal Injury and Private Client teams at local law firm Moore Blatch recently took part in a 26 mile walk from the firm’s Chandler’s Ford office to its Lymington office, raising over £2,200 for Smile4Wessexpromotions firm wide.


mile4Wessex provides charitable support for the Wessex Neurological Centre, one of the largest and most highly respected neurological centres in the UK. Matthew Claxson, who is a personal injury solicitor at Moore Blatch, said: “The cutting edge equipment, facilities, treatment and pioneering research that Smile4Wessex helps fund makes an enormous difference to the quality of care and range of treatments offered to people with neurological conditions. Through our line of work, we are acutely aware of how important this is in helping to improve patient outcomes which is why we wanted to raise money for this charity.”

Samantha Grose from the Corporate team added: “Not only was it great to raise money for such an important local charity, it was also a brilliant team building exercise too. Together we made it through a downpour at mile 9 resulting in some homemade ponchos and very wet socks! The tough point for most was the 22-mile mark with another hour and a quarter of walking to do. Many thanks to the various pubs along the way that kept our water bottles filled, boosted our morale and donated to the charity too.” ■

Glanvilles LLP’s Civil Litigation and Dispute Resolution team is expanding! Glanvilles LLP are proud to announce that their Civil Litigation and Dispute Resolution team is expanding, welcome to the firm Tom Oliver, Solicitor.


om Oliver, Solicitor, accepts instructions from both Claimants and Defendants and has experience in a range of matters including but not limited to, landlord and tenant matters, property disputes, contentious probate matters and contractual disputes.



Tom has acted for both Claimants and Defendants using Alternative Dispute Resolution methods such as mediation. He appreciates the benefits of such methods and is happy to advise on these on a case by case basis. Tom has advocacy experience and is happy to litigate matters where necessary. ■

Happenings in Hampshire

Settle in Style-

an amicable approach to divorce and separation Grace and Hardy, a newly established Company based in Hampshire, have recently launched a new service bringing a unique approach to divorce and separation.


eparating couples will be accessing services together to resolve the practicalities of their divorce and separation swiftly in a confidential, neutral hotel environment with the primary focus of avoiding court and unnecessary legal fees. Commenting upon the launch of Grace and Hardy, Directors Catherine Sousa and John Mclaren stated “We are delighted to launch this unique approach whereby couples can access services together and avoid the cost and hostility of the court process, at all times prioritising any children of the family.” Catherine Sousa is a practicing solicitor committed to all forms of dispute resolution and in particular collaborative law and round table meetings involving other professional neutrals. John Mclaren, approaches the business from a background in media “breaking down the fear of walking into a solicitors office is our main focus, we achieve this by using a relaxed, neutral environment”

Pictured: Catherine Sousa

Pictured: John Mclaren

Catherine Sousa adds “many separating couples have reached some form of agreement directly but may still need help with the practicalities of the agreement. They are often reluctant to instruct solicitors separately for fear of incurring unnecessary delay and excessive legal fees”. Grace and Hardy provide information about the options and professionals available to resolve matters for the couple so they can make an informed decision about how to proceed. Meetings are arranged by Grace and Hardy and held in hotels which are neutral, also providing the opportunity for couples to stay in the hotel and resolve matters swiftly over a 2 day period should they wish to do so. All costs are based on fixed fees so the couple know exactly what they are paying for.” For further information about the services offered by Grace and Hardy you can visit their website www.graceandhardy.co.uk or email info@graceandhardy.co.uk ■

GOLD for Lymington sailing duo at 420 World Championships 18-year-old sailors Vita Heathcote and Milly Boyle, both from Royal Lymington Yacht Club, have won GOLD at the 2019 420 Women’s World Championships in Portugal. The Lymington duo narrowly beat their closest rivals from Italy.


clearly ecstatic Vita, who is sponsored by local law firm Moore Blatch, described the win as “the weirdest feeling ever” going on to say; “I can’t believe it has happened, I actually can’t. Winning the World Championships means so much to me; it is the culmination of many years of training and racing, out in all weathers and trying to be the best.” “Sometimes it doesn’t go according to plan and you literally have to right the boat and, probably by now very wet, cold, exhausted and desperate, sail on and try to claw your way back up through the fleet.” “After 5 years of 420s we finally did it and it is such a good feeling” added Vita. The 420 World Championships saw 456 sailors from 24 nations compete in Vilamoura, Portugal, with racing concluding on 11th July. Ed Whittington, Managing Partner, Moore Blatch said “We have many sailors in our midst and so understand both the physical and emotional challenges of sailing as a world class sport as well

as the financial pressures these athletes face. We’re thrilled to see Vita enjoy such success and are proud to be supporting her.” Vita is part of Moore Blatch’s Rising Star programme, which identifies inspirational local talent helping them to achieve their goals and aspirations through raising awareness and providing funding. Throughout the programme, Moore Blatch and Vita work together to provide inspiration and motivation to encourage others to follow their dream. On the support that Moore Blatch provided, Vita commented: “The support I have received from Moore Blatch has been more than just help, it has been essential to me, and it lifted us up so that Milly and I could have a realistic chance of becoming the World Champions. Thank you to all at Moore Blatch!” Other individuals who have received support from Moore Blatch’s Rising Star programme include Lucy Shuker, double Paralympic medallist and Great Britain’s No.1 Paralympic wheelchair tennis player. ■



Happenings in Hampshire

Verisona Law Shortlisted for National Award The Conveyancing Team at Verisona Law will be flying the flag for Portsmouth’s property market after being shortlisted in the largest, most respected and prestigious awards for the profession.


ow in its 8th year, the shortlists for the annual awards of Law Firm Services or ‘LFS’ have been announced and, after entering for the first time, Verisona Law has been named as one of the contenders for ‘Regional Conveyancing Firm of the Year’.

‘When a judging panel of respected industry commentators, reporters and experts look at what you have achieved and believe it to be worthy of note, it is both a compliment and affirmation of the work you have been doing.’

Having submitted an entry earlier in the year detailing the team’s use of technology in the past year, communication processes and plans for the future, Verisona Law was delighted to learn it had been recognised in the final shortlist.

‘We are very proud of Tracey and the team,’ says Managing Director, Sue Ball. ‘No one can pretend that the property market hasn’t been facing challenging times of late, but this nomination is a reflection of their commitment, focus and continuing success.’

‘After a lot of hard work and effort in the past 12 months, this news is a real boost,’ says Tracey Longdon, who took over as Head of Residential Conveyancing at Verisona Law last year.

The winners of the LFS Conveyancing Awards 2019 will be announced at the annual conference on 18th September at the Vox Conference Centre in Birmingham. ■

Moore Blatch wins Property Law Firm award South Coast Property Awards recognises Moore Blatch’s exceptional year


oore Blatch, one of the largest law firms in the South of England, was awarded the well-respected “Property Law Firm Award” at the prestigious South Coast Property Awards – highlighting the firm’s continued growth and success in the South East. Organised by The Business Magazine, the esteemed awards ceremony was attended by over 400 guests and is now the leading property event in the Solent region. The event honours the cream of the south coast property sector. This latest recognition celebrates the strength of Moore Blatch’s Real Estate Division, with leading teams in Land Development, Commercial Property, Real Estate Finance, Rural Services, Planning, Landowner & Promotion, Residential & Plot Sales, Leasehold Enfranchisement and



Property Dispute Resolution – all of which have been regularly involved in some of the largest and most complex transactions in the region. Commenting on the win, Martin Duck, partner and head of commercial real estate at Moore Blatch, said: “We are extremely pleased to be recognised as the South Coast’s leading property law firm in what is a flourishing regional market. As a firm, we have built a solid reputation in the property sector, providing our clients with excellent results – to which this award is testament. “The team has enjoyed an exceptional year. Moreover, the size and breadth of the services that our team offer emphasises our commitment to the region and desire to be at the forefront of local deals for local clients.” ■

Happenings in Hampshire

Paris Smith assists with acquisition of Bargate Homes Pictured: Paris Smith LLP Partner Amanda Brockwell

Regional law firm Paris Smith LLP has facilitated the sale of Bargate Homes by acting for the shareholders of the residential developer, as VIVID pushes forward with its ambitious house building plans to develop 17,000 more homes in the south over the next 10 years.


y acquiring Bargate, VIVID has the extra land it needs to maintain the momentum of its house building programme, and further expertise in land management and construction to achieve more for its customers than either company could individually. Amanda Brockwell, partner at Paris Smith, commented: “It has been a great privilege for me to work alongside Gerard Price and the Bargate team since it was set up 12 years ago. “I have seen the company grow from its initial incorporation, attract investment from equity and from banks, and grow its turnover and reputation for quality housing across the region. “This comes from strong and inspiring leadership, great people management and, most of all, genuine commitment to the staff and customers of Bargate Homes. It will remain a strong team with a strong brand across the south.” Both businesses will retain their own identity, values, people, ways of working and approach to housebuilding, and will continue to work with a wide range of existing partners. Amanda Brockwell has previously advised Bargate Homes on a number of innovative deal structures which facilitated its growth including debt and equity funding. ■

Walk for Justice in your local area

Take on 10km and help raise vital funds to ensure people have fair access to justice in your area! Join us this September to fundraise for your local advice agencies; there are eleven regional Legal Walks throughout the South East including in Chichester and Southampton, so why not get involved in your nearest one?


egal Walks are held each year by the London Legal Support Trust to raise money for hundreds of free legal advice charities and organisations within local communities. The funds that local advice agencies receive from the Walks are vital in enabling them to assist the most vulnerable people who are in desperate need of good quality, free legal advice. The Chichester Legal Walk will be held on Wednesday 11th September to raise vital funds for advice agencies in Chichester, Havant and West Sussex. Local solicitors, barristers, judges, advice agencies and more will take on a scenic 10km route through the surrounding area, ending with a drink courtesy of Irwin Mitchell. On Tuesday 17th September the Southampton Legal Walk returns, with walkers fundraising for free legal advice centres across Southampton and Hampshire. Beginning at the Combined Court and exploring some beautiful views along the route, last year walkers raised an incredible £7,000 for local legal advice agencies. The walk will end with a reception hosted by College Chambers and this year you can get professional team photos on the day too, courtesy of Irwin Mitchell. Access to legal advice is vital for vulnerable people in your local area to overcome poverty and distress caused by legal issues. Will you rise up to the challenge and help this year’s Legal Walks be bigger than ever? There is no sign up fee, and no minimum fundraising target, so it couldn’t be easier to take part. Join in with your firm or organisation and enjoy a great summer walk, all to raise money for a meaningful cause. Simply sign up your team at: tinyurl.com/LegalWalks19 ■

EPE Reynell Providing notice advertising services for over 200 years In 1812 George Reynell, previously an officer at The London Gazette, established an advertising agency in Chancery Lane. George had realised that lawyers were increasingly seeking his advice and support to arrange for legal notices to be published in the Gazette and newspapers. Reynell & Son remained a family business for six generations. Reynell is now part of EPE Administration, a global fund administration firm and part of EPIC Private Equity (EPE), a London-based investment and financial services group. EPE Reynell continue to be at the forefront of their field. Their comprehensive services are built on deep insight into all the latest changes in legislation. In recent years, Reynell has handled large scale legal notice advertising campaigns on behalf of law and accountancy firms based in the UK and overseas as well as routine notice advertising such as insolvency and trustee notices in the London Gazette and local, national and international press. Procedures requiring publication of legal notices include: • Administration of Estates - Trustee Act notices • Premises Licence Applications • Insolvencies (including Winding-Up petitions) • Insurance/Banking Business Transfers (Part VII FSMA) • Schemes of Arrangement • Share Capital Reductions / Purchases You can count on Reynell to have a solution to your legal notice advertising needs – whatever and wherever you need to advertise it is likely that they will have dealt with similar requirements before. Notices are set to the specifications of each publication, keeping the size and hence cost of each notice to a minimum. If advertising overseas is required translation of the notice into the requisite language can be arranged. In the Gazettes (London, Edinburgh or Belfast) notices are published on the following working day. If it is urgent, same day publication is possible at no extra cost. Following publication, EPE Reynell supply their customers with Certificates of Insertion and copies of the pages where each notice has been published. For further information, any advice or a free quote please contact Peter Robson on 020 8501 9706 or by email at peter.robson@epe-reynell.co.uk.



CPD - Training


Avoiding Problems with the Registry Property Update

Barney Large, Francis Payne and John Franklin of No 18 Chambers will be presenting the following:

Keith Biggs is now a Probate Consultant but was the District Probate Registrar at Winchester.

Ian Quayle, lecturer for 13 years for CLT amongst others, will be presenting the following:

• Overview of claims for negligent references • Vicarious liability and any recent decisions • Part 36 offers and settlement

Keith will speak on:

• Land Registration Issues - plans boundaries, notices and restrictions, adverse possession • Residential Leaseholds - ground rents, forfeiture, service charge and repair issues, proposals for reforms and the potential resurrection of commonhold • Searches, Enquiries and Client Inspection

• The formal requirements of wills • Applications for original grants of representation • Applications for second grant to the same estate • Searches and copies • Inheritance tax accounts • The checklist

• What causes negligence claims in residential conveyancing • A review of key cases of 2019

Tuesday 17 September 2019

Tuesday 19 November 2019

Tuesday 21 January 2020

Private Client

Court of Protection


Professor Lesley King is Private Client Practice Head at the College of Law, Bloomsbury.

Margaret Pine-Coffin, Pump Court Chambers is an experienced child care practitioner. She deals with all aspects of child care applications. Her specialisation is in cases involving serious injury to a child or children and where there may be a parallel criminal investigation.

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

Margaret has also appeared in the Court of Protection in cases concerning decisions about the welfare of the person involved. Margaret represented the local authority in Re X, Y and Z [2014] COPLR 364

Tuesday 4 February 2020

Tuesday 21 April 2020

28 April 2020

Unless otherwise notified all lectures take place at the Holiday Inn, Leigh Rd, Eastleigh SO50 9PG from 13.45 – 16.45. There is free parking at the venue. The programme will be regularly updated once additional information received distributed via email and in the quarterly magazine. You can find more detail on each lecture on our website www.hampshirelawsociety.co.uk administration@hampshirelawsociety.co.uk PRICING 1.5 hour lecture - £55.00 (Non Member £70.00) 3 hour lecture - £90.00 (Non Member £130)



CPD - Training

HAMPSHIRE LAW SOCIETY – CPD EVENTS Criminal Law Update Details to be advised

Family Law Update

Conveyancing Update

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

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

May 2020

Tuesday 2 June 2020

Property lecture Edward Denehan is yet again recommended by Chambers and Partners (2015 Ed.) for Real Estate Litigation. “He is a very robust advocate, who has a good way of speaking in layman’s terms and is able to get his message across.” “He is pretty impressive when he is on his feet.” He is also recommended for Property Litigation in the Legal 500 and has been for many years. The 2014 Edition describes him as having ‘An impressive understanding of restrictive covenants affecting land.’

Tuesday 21 January 2020

Members can take advantage of our CPD Smart Scheme Book multiple places and receive greater discounts Book a total of 10 places and save a total of £180.00 against the individual booking fee Total no of places booked


Discount %
















Terms and conditions

July 2020


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

Visit the website for the booking form and full detail https://www.hampshirelawsociety.co.uk/cpd-and-training/



Social Events

Taking place in Portsmouth on the 19 – 20 September S











Established in 2000, moneypenny are not simply the market leader. They are the biggest and fastest growing company of their type, handling 15m calls and chats annually on behalf of clients. they give you the very best people, engaged in a happy working environment and inspired to deliver excellence on your behalf. And, there’s their gold standard technology – the result of continuous in-house innovation and collaborations with market-leading partners.

· Supporting 225K clients, from start-ups to multinational corporations · Powerful solutions for calls, live chat, front of house and customer service functions · 24/7 global provider, operating from a UK head office


live Emson Auctioneers was founded in 1989 to supply a high-profile auctioneering facility to corporate and independent estate agents, private clients and statutory bodies. We believe our success is due to, and remains attributable to, a firm commitment to quality and service distinguished by both our Investors in People and ISO accreditations. The concept of the Company is to provide a specialist land and property auctioneering service which does not compete with the traditional estate agency, mortgage broking, insurance or any other aspect of the property world. All properties upon which we are instructed are offered for sale in the auction catalogue.

The 20-25,000 full colour catalogues produced for each of our auctions are available either by post or through a network of over 600 estate agency outlets throughout the entire South of England. In addition, lot details, catalogue downloads, viewings and legal documentation are available through our website (cliveemson.co.uk). One of the many things that we enjoy about auctions is the ever-changing property types we see. Over the years we have sold everything from nuclear bunkers, sea forts, toilets, Martello towers to radar stations, house boats and many more, each time achieving the best possible price as decided by the market on the day.

Selling by Auction is often the best method of sale. Each land or property benefits from competitive bidding followed by a legally binding contract at the fall of the Auctioneer’s gavel. Over 1,000 clients benefit from our services every year recognising that selling under the hammer achieves the best possible price. Many Lots are sold by executors, trustees, powers of attorney, beneficiaries, receivers, companies, local authorities and government bodies as well as private sellers. For information regarding buying or selling property at auction or to request a catalogue please contact us at auctions@cliveemson.co.uk or on 0345 8500333. ■


On Thursday 19 and Friday 20 September Hampshire Law Society is delighted to host

the National Local Law Society Conference 2019 Royal Maritime Club, Portsmouth 19 September – Welcome drinks on board HMS Warrior 20 September – Conference followed by Gala Dinner The President of the Society Simon Davis will be in attendance.

H 14


The after-dinner speaker will be the inspirational Simon Weston

Social Events

Photo: Eddie “the eagle” Edwards

Legal inspiration Hampshire Law Society has been celebrating the hard work and inspirational achievements of lawyers, legal teams and firms of all sizes across the county for the past 5 years.


n Thursday 6 June 2019, the winners of Hampshire Law Society’s Legal Awards were revealed at a black-tie dinner at the Hilton at the Hampshire Bowl. More than 200 members of the legal profession, sponsors and their guests attended the ceremony to celebrate the success of the local legal community and witness the presentation of the awards the results of which are as follows: Large Law firm of the year Winner - Trethowans Runner up - Dutton Gregory Small Law firm of the year Winner – Biscoes Runner up - Churchers Lawyer of the year Winner - Jonathan Whettingsteel, Dutton Gregory Runner up - Sarra Gravestock, Biscoes Junior Lawyer of the year Winner - Yasmin Curry, Blake Morgan Runner up - India Jefferson Grant, Biscoes Special Achievement award Roderick Hursthouse – for over 30 years contribution to Local Law Societies

The President of the Society, Joe Robertson, congratulated all those who had taken part, saying “Legal professionals are increasingly having to adapt to ever evolving legislation and regulation, and, as a result, are having to constantly update their skills. Each of our deserving winners has demonstrated the excellence in legal services provided by our member firms in and around Hampshire and it is my pleasure to congratulate them and wish them the best of fortunes for the future.” The after dinner entertainment was provided by Eddie “The Eagle” Edwards” Eddie who is best known as an English skijumper who in 1988 became the first competitor since 1928 to represent Great Britain in Olympic ski jumping. In 2016, he was portrayed by Taron Egerton in the biographical film Eddie the Eagle. Eddie provided a motivating and humorous talk on his incredible achievement Fundraising on the night was in aid of Dementia UK Admiral Nurses and a total of £2015.00 was raised for this amazing cause. The evening was kindly sponsored by Barclays, Index Property Information, No 18 Chambers, Quantuma and Smith & Williamson. To learn more about our deserving winners visit our website www.hampshirelawsociety.co.uk ■




Social Events

Hampshire Law Society Annual Dinner & Awards 2019

Photo: India Jefferson Grant, Biscoes and Jeremy Warren, Index Property Information

Photo: Yasmin Curry, Blake Morgan and Jeremy Warren, Index Property Information

Photo: Sarra Gravestock, Biscoes and Andrew Watling, Quantuma

Photo: Roderick Hursthouse, Hampshire Law Society and Stewart Bulpitt, Barclays

Photo: Tanya Dhillon, Joe Robertson (President Hampshire Law Society, Emily Oliver, Dementia UK



Photo: Jonathan Whettingsteel, Dutton Gregory, Andrew Watling, Quantuma

Photo: Rachel Tombs, Rod Hursthouse, Claire Smith, Melissa Baxter

Social Events

Hampshire Law Society Annual Dinner & Awards 2019

Photo: David Ramsey, RICS Hampshire, Simon Stone, BBO Law Society, Emily Oliver, Dementia UK, Joe Robertson, Hampshire Law Society, Eddie Edwards, Rebecca Coombes, Smith & Williamson, Mark Kiteley Bournemouth Law Society, Tanya Dhillon, Pitmans, Stewart Bulpitt, Barclays, Jeremy Warren, Index Property Information.

Photo: 3PB Barristers

Photo: Andrew Edmonds of Smith Williamson Ian Robinson,Churchers and David Hercock Churchers CEO Stewart Bulpitt, Barclays

Photo: Mo Aldridge, Jasper Vincent, Julie Gowland, Jasper Vincent, Alan Aldridge

Photo: Laura Towey, Mihiri Gajraj, Lucy Gleisner, James Gleisner (obviously), Juliet Mayhew, Emma Wilder-Pratt, Rebecca Coombes, Smith & Williamson

Photo: The team from Churchers Solicitors

Photo: The team from Dutton Gregory

Photo: Simon Davis, Vice President – Law Society of England and Wales



Social Events

Hampshire Law Society Annual Dinner & Awards 2019

Lawyer of the year sponsored by Quantuma Mo Aldridge, Jasper Vincent


o has been working in the legal sector since 2004 when she joined the firm. She went on to complete her law degree and training contract whilst ‘on the job’. Mo provides a range of business roles within the firm as one of the senior Solicitors and a Partner. Mo specialises in Commercial and Residential Property as well as Company work covering areas from standard property sales and purchases to complex lease transactions to Business Sale and Purchase Agreements and Company resolutions and board minutes. Mo is a member of several networking groups and is always keen to expand her contacts and connections. She is an active member of the Southampton Property Association and sits on the committee of Hampshire Incorporated Law Society as well as currently being the Deputy Vice President of the Society. She enjoys the contact with other professionals in her fields of expertise and organising and participating in events with local lawyers. Mo is married with two children and enjoys skiing/snowboarding and playing competitive netball. Mo sits on the Southampton Netball Association Committee where she enjoys being able to contribute to important developments in the sport as well as facilitate and promote interest to the local community.

Mihiri Gajraj, Trethowans


ihiri is a Partner and leads the Southampton private client team. She qualified as a solicitor in 2009 and undertakes all areas of Private Client work, including tax planning, creating trusts, administering trusts, tax calculations, the preparation of Wills and powers of attorney, and probate and estate administration. She enjoys private client work because it allows her the opportunity to get to know clients and understand their needs, allowing her to find the best solution for them She is a member of the Society of Trust and Estate Practitioners – the gold standard in this area of law – and sit on the local committee. Mihiri has recently been listed as “up and coming” by Chambers High Net Worth publication

Lucy Gleisner, Trethowans


ucy is a Partner in Trethowans’ Corporate Team. She is a corporate finance lawyer advising buyers, sellers and funders on mergers, acquisitions and disposals, management buy-outs and buy-ins and joint ventures. She also acts for companies or individuals in relation to associated corporate matters such as shareholder, partnership and LLP agreements, share options and other constitutional matters. She was recommended in Legal 500 for her work on EMI schemes and shareholder matters and is a key member of the “strong, dynamic team” referred to by Chambers & Partners. She was the lead advisor for the winner of the small deal of the year (under £10m), the mid range deal of the year (£10m to £50m) and management team of the year at the 2017 Solent Deal Awards. She was an influential part of the team that won law firm of the year at the 2019 Solent Deal Awards, as well as being nominated for Lawyer of the Year 2019 at the same awards.”

Sarra Gravestock, Biscoes




arra qualified as a solicitor in 2004. She has worked for 11 years for the Local Authority advising and representing Children’s Services. She represented the Local Authority in all levels of Court and was the West Sussex County Council Adoption Panel Legal Adviser for several years, she was described by Ofsted in an inspection as “an invaluable asset.” In 2017 Sarra was nominated and shortlisted for the Associate Solicitor of the year at the national Family Law Awards. Sarra’s expertise is within all aspects of law relating to children, in particular care proceedings, adoption proceedings, and dealing with Emergency Protection Orders, Special Guardianship Orders and Secure Accommodation Orders. Sarra has dealt with cases of considerable complexity, including shaken babies and other non accidental injuries, sexual abuse and also Factitious Illness, formerly known as Munchausen’s Syndrome. Sarra was the first solicitor in Hampshire to apply for a Female Genital Mutilation Protection Order and has represented a child in a Forced Marriage Protection Order application. Sarra is a founding member and trustee of a charity which supports a school in The Gambia, providing a cooked lunch and also kitchen and medical supplies to over 1500 children. Outside of work Sarra is kept busy with her young family and enjoys exploring the British countryside and coastline.

Social Events

Hampshire Law Society Annual Dinner & Awards 2019

Lawyer of the year sponsored by Quantuma Paul Sams, Dutton Gregory


aul decided he wanted to be a solicitor at seven years old. Since then he has become an award winning nationally recognised expert in the field of residential property having been asked to lecture other lawyers across the Country. Paul has also been invited to speak on more than one occasion for Housing Associations and the RICS. Paul also deals with residential development work from site acquisition through to plot sales. His niche areas of work include both Equity Release mortgages and leasehold enfranchisement (which he has written a book about for the legal profession) but predominantly his work involves property developers.

Mark Tooley, Larcomes


ark joined Larcomes in 1989 and after a couple of years working in the fields of both family and child law, he developed a specialism in represents guardians, children and parents in private child law and public law proceedings, including care, supervision, secure accommodation, wardship, special guardianship and adoption. He has extensive experience of residence, contact and specific issue order proceedings, including removal proceedings. He is regularly involved in cases concerning domestic violence, allegations of physical and sexual abuse, neglect and drug and alcohol misuse. Mark is a member of the Law Society’s Children Panel thereby recognising his experience and expertise in representing children. Mark has also been awarded Higher Rights of Audience. Mark won the Hampshire Incorporated Law Society Solicitor Of The Year award in 2016 and was awarded ‘Law Society Solicitor Advocate’ of the year in November 2018. In his spare time Mark enjoys going to the gym, hill walking and socialising with family and friends

Jonathan Whettingsteel, Dutton Gregory


on joined the firm in June 2018 after spending a number of years practicing in family and children law at a local firm. In December 2015 Jon obtained the Law Society’s Family Law Accreditation and December 2016 was accredited on the Law Society’s Children panel, both of these being recognition of a high level of understanding and ability in these areas of law. Jon is also a member of Resolution signing up to their codes of practice in trying to resolve family and matrimonial matters in a non-confrontational manner. Jon also has substantial experience and background in Criminal Law, being a court and police station accredited representative which provides him with a good knowledge of the criminal processes and procedures. In his free time Jon is a keen fitness and martial arts fan, holding a 1st dan black belt in Japanese Mushin Jujitsu and a purple belt in Brazilian Jiu Jitsu regularly competing around the country and holding a number of medals. Jon will always seek to challenge and push himself to achieve the best result both in and outside of a work environment


Sarra Gravestock, Biscoes

Jonathan Whettingsteel, Dutton Gregory



Social Events

Hampshire Law Society Annual Dinner & Awards 2019

Junior Lawyer of the year sponsored by Index Property Information Yasmin Curry, Trainee Solicitor at Blake Morgan


asmin graduated from the University of Leicester in 2014 before undertaking the Legal Practice Course on a part-time basis alongside her role as a Commercial Real Estate Paralegal at Lester Aldridge. Yasmin graduated from the Legal Practice Course in 2016 with a distinction and began her Period of Recognised Training with Blake Morgan in 2017. Yasmin is now a final year Trainee Solicitor based in Blake Morgan's Southampton office and has completed seats in the Corporate, Construction, Commercial Litigation and Private Client teams within the firm. On qualification Yasmin will be joining the Insolvency and Restructuring Team at Stevens & Bolton.

Louise Jack, Churchers


ollowing her studies at Cardiff University and the University of Law, where she graduated with a distinction, Louise joined the firm in September 2015 as a Trainee Solicitor. Prior to this Louise worked as a Dive Instructor in Asia. Louise qualified as a solicitor in 2017 and specialises in Children Act matters. She undertakes a wide variety of private and public law cases with an interest in advocacy. In her spare time Louise is a keen traveller and attempts to “tick off” as many countries as possible. As a dive instructor, many of her holidays are spent underwater. Outside of work she enjoys yoga, reading and spending time with friends.

India Jefferson Grant, Biscoes


ndia joined Biscoes Mental Health and Capacity Department in 2018 and is a Chartered Legal Executive specialising in Mental Health Law. India is also a member of the Law Society’s Mental Health Accreditation Scheme. India has a wealth of experience in assisting, advising and representing individuals detained under the MHA 1983 and is dedicated to her clients and putting their rights at the heart of their cases. India takes an individualistic approach to all of her cases and is able to provide advice and assistance in relation to various matters including the statutory criteria for detention under the MHA 1983, the legality of admission to hospital, consent to treatment provisions and aftercare provisions. She is also able to advise the Nearest Relatives of patients of their rights. India is a passionate advocate who will ensure her clients’ voices are heard in Tribunal Hearings, Hospital Managers Hearings, Care and Treatment Reviews, Care Programme Approach meetings and Section 117 aftercare meetings. Outside of office life, India enjoys spending time with her friends and family, visiting new places across the globe and trying out new restaurants across the south coast.

Laura Towey, Trethowans


Laura is a solicitor in the Commercial Property Team in Southampton. She graduated from Durham University in 2010 with a first class honours degree and worked in-house for one of the country’s largest property service providers before joining Trethowans in 2014. She advise clients on all types of commercial property transaction, including acquisitions, disposals and Landlord and Tenant matters. She acts for a variety of clients including developers, pension schemes, corporations, investors, plcs, individuals and banks. She is also a member of the Southampton Property Association Laura is a daily gym user and enjoys long walks, great food, adventure holidays and driving her Triumph Herald around the Hampshire countryside. She volunteers for a mental heath support charity on a weekly basis and is the Chair of the firm’s Charities Committee.

Stacey Read Dutton Gregory


tacey is a Graduate Member of the Chartered Institute of Legal Executives having graduated in 2013. She is currently working towards her Fellowship status. Stacey started her legal career as a conveyancing secretary in 2005 before making the leap to a fee earning role in 2007. Stacey has many years of legal experience and knowledge of all areas of Residential Conveyancing. She can assist with all aspects of Conveyancing including freehold and leasehold sales and purchases, remortgages, lease extensions and transfers of equity. Stacey also has previous experience within Private Client Law so is able to apply this when dealing with attorney and probate sales. In her spare time, Stacey is an avid runner at her local park run and enjoys keeping fit. She also enjoys spending time with her two children and savouring the delights of gin tasting.

India Jefferson Grant, Biscoes WINNER: Yasmin Curry, Blake Morgan RUNNER UP:




Member profile –

Roderick Hursthouse Roderick was the worthy recipient of a special award at this year's Hampshire Legal awards in recognition of his years of service not only to the profession but also to local law societies.


od joined Dorset Law Society as soon as he qualified in 1979 and he was a member of that society for about 18 years most of which he served on the committee. At the same time he was also a member of the Bournemouth and District Law Society. At that time the society held its European Conference in different European capital cities (as it still does) and Rod was able to participate in visits to places such as Rome, Berlin, and Madrid. The main intention was to meet lawyers from other jurisdictions and learn something of their legal procedures, although the excellent sightseeing tours and formal dinners were a bonus which Rod enjoyed with his usual enthusiasm. After qualifying Rod became a partner in the firm where he had been an Articled Clerk. After several years he set up as a sole practitioner on the Isle of Portland. His preference at that time was for criminal work, both defending and prosecuting which earned him the nickname "Rumpole of the Rock". In 1996 Rod decided to try his hand at planning law, taking a position in local government in West Sussex . He immediately joined Chichester and District law society where he was appointed Hon.Secretary. After a few years he was offered employment with Hart District Council in Hampshire subsequently becoming Chief Solicitor and Monitoring Officer. It was at this time he joined Hampshire Incorporated Law Society since when he has uniquely served two terms as president. When he began his

second term he told his wife that such an honour had only previously occurred during times of war. In addition to serving as president Rod has also served as secretary for a number of years and has been a general mentor to those more junior members of the committee. His devotion to local law societies was demonstrated when Matthew Robbins was president of the Society, and Rod and Joan had been invited to a garden party at Buckingham Palace the same day as the annual dinner. Rod insisted on leaving the Queen and Prince Philip early to high tail back to Portsmouth for the dinner only missing the first course. In his spare time Rod has, since 2014, served the SBA as a local area representative, and been a past services member of Lawyers in Local Government (LLG). As well as continued involvement with the Society, Rod is a Chairman of Education Appeals Panels for the West Sussex Local Education Authority. In retirement Rod has been developing some new interests and has been learning to play the Piano, as well as learning German with a U3A Group. Most enjoyable of all has been the freedom to travel abroad and any such opportunity is seldom missed. The latest trip was to Central America including a long awaited visit to Chichen Itza. However, Rod still has a continuing engagement with the Law through his Committee work with the Society, and with the SBA. It is great that there is now the time available for such involvement. â–



Junior Lawyers Division (JLD)

South Hampshire Junior Lawyers Division

Annual Ball T

he event took place on 17 May at St Mary's Stadium. 130 guests including lawyers and their clients enjoyed a fabulous evening of dining and dancing at this 1930’s end of prohibition themed ball. The event was sponsored by Michael Page, Pump Court and Womble Bond Dickinson. â–




The benefits of expanding into the national media and why this is good for business. Alison Scarrott from brookscomm, an integrated communications agency, comments on how local law firms can expand into the national media and why this is good for business.


ublic Relations involves managing communications between a firm and its target audience, enhancing the reputation of the business and its individuals, and ultimately driving new business to the company. Methods of communication have expanded hugely in recent years to augment the traditional press release. By implementing an integrated communication strategy, using both press releases and digital marketing and social media gives you a better chance of reaching and influencing more of your target audience. This will create awareness, enhance a firm’s reputation and lead to new business. For a law firm, one part of an integrated communication policy should be the production of insightful and timely comment relating to different aspects of the law. Having represented a Surrey based law firm for over ten years, brookscomm has seen how the reputation and standing of both the business and individuals within the firm have been enhanced through the production and distribution of good quality informative written material. A piece of content sent to national papers and specialist industry magazines could benefit a regional law firm, especially if that firm has a level of specialism in particular areas of law. County boundaries are not a barrier to successfully having content published, raising awareness for the business and positioning it as expert in particular areas of law. Writing and distributing content can take many forms. A new service or company changes are the subject of many press releases. More beneficial are articles and expert comments that are written in responses to changes occurring with the legal sector, or in response to national breaking news

stories. Sometimes these can take the form of thought provoking and quite controversial commentary which will create a “buzz” within legal circles or specialist sectors. For example, there are many controversial topics for debate within the property sector, with referral fees repeatedly raising its head as an area for hot debate. To be a part of such a debate will establish you as an expert in this area, and potentially lead to future business or referrals. A good communication strategy will include responding to such stories. But initiating content before a story has broken can put you “ahead of the game”. One such example is the extremes of weather we have witnessed recently. The ‘Beast from the East’ provided a great opportunity for our Surrey client to talk about the employment issues relating to the inability to get to work in bad weather, and the summer heatwave also provided opportunity for employment law advice. Press coverage was achieved across national, local and specialist media, and included appearances on local radio. Talking about national issues, both at a local and national level, will begin to establish your reputation as experts. It also provides a level of reassurance to your existing client base, and future clients, as they will see you as a firm whose opinion is respected within the press. Social media also has a big part to play in an integrated communication strategy. Once your articles have been published, either on web sites or in printed format, further customer reach can be achieved via social media platforms such as Twitter, Facebook and LinkedIn. ■



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Witnessing electronic signatures by a Notary One of the questions I am frequently asked as a Notary is “do you really have to see him/her can’t it be done by video link?” and rather apologetically I have to say” Yes I do” and then add “at least for the moment and only the first time”


he Law Commission has recently said that the law is sufficiently clear in that electronic signatures are valid.

However where the Notary’s function is to witness the signature and it has to be signed “in the presence of” the Law Commission take the view that there will need to be a change in the law to permit video links to be used. It is encouraging this by saying that there should be a move away from just the traditional witnessing in person to permit online witnessing as well. It’s consultation period closed late last year with recommendations expected later on this year. The Law Commission cannot make law and legislation has to be passed however it will be non-controversial. In the USA there are already 8 states that have set up their own secure Notarial platforms where the person who wants a document Notarised can log on and choose their Notary and then do everything electronically. I doubt whether our Notaries Society will go that far but the two main commercial platforms that offer electronic signatures now have told me that this could be set up as soon as the law changes. Where America leads we tend to follow! There are two current guidelines issued by the Notaries Society one saying that it is not “ best practice” to witness signatures remotely however this will be updated following any change in the law and the other saying that once a personal verification has been carried out then it is permissible for example to Notarise “as an authentic signature and execution”. ■

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The Art of Fire Investigation The examination of fires is perceived to be a difficult area of forensic science as fire destroys potential evidence which can determine how, when and where the fire started and by whom.



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his perception is mirrored in the most recent statistics which indicate that deliberate fires are increasing yet the number of convictions are falling, currently the conviction rate is around 5%. There are a variety of reasons for this but part of the issue must lie with the way arsons are investigated both at the scene and away from it. If you are asked to work on an arson case it is always worth checking the credentials of the person that is reporting the evidence to determine whether they are a reliable witness and if their conclusions can be substantiated. Many criminal investigations are subject to cognitive bias and this is an area of particular weakness in fire investigation therefore alternative hypotheses should be fully explored and perhaps independently reviewed. There are a number of things to look for at fire scenes: • The worst area of burning normally denotes where the fire has started. • A short time delay between a person leaving a premises and a fire being discovered could indicate a deliberate act. • It is sometimes difficult to differentiate between a fire started by a flame and a smouldering ignition source, such as a cigarette, without timings information as the resultant damage could be the same. • Ignitable liquids such as petrol and white spirit can be used to ‘accelerate’ a fire, but it is their vapours not the liquid that is ignited. The differing chemical composition of these liquids give them differing properties and burning characteristics. • Hand rolled cigarettes tend to self-extinguish if they are not actively smoked. One of the major areas of discussion within the cause and origin determination of a fire is around the timings of a fire and what that means in terms of potential ignition sources. Flame sources such as dropped or applied matches and lighters coming into contact with combustible items can produce flaming fires within a matter of minutes. Fires started by lit manufactured cigarettes can progress to flaming but first they will smoulder, a glowing flameless fire, for at least 20 minutes and more usually several hours producing increasing amounts of smoke. Information from smoke detectors can assist as they will give an early warning to any type of fire. Therefore, if a flaming fire is seen within minutes of a smoke detector sounding then it is likely that the fire was started by a flame. Fire scenes are challenging and the remaining evidence can be interpreted in a number of ways, however not always accurately. If you would like some assistance from experts that specialise in fire investigation then please contact us.

Ian Peck Forensic Scientist

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Offer targeted valuable content and experiences The digital revolution has radically changed the relationship between consumers and businesses by creating a world where a competitor is never more than a click away.


o consistently delivering a positive customer experience – both online and offline – is fundamental to commercial success.Content and information is the ultimate driving force behind the customer experience and customer engagement.

Improving the customer experience is growing as the key objective for businesses across all sectors as they strive to improve all aspects of the customer relationship to increase their sales, revenues and profits. Given it is 6 to 7 times more expensive to attract a new customer than it is to retain an existing one, ensuring that you have the right strategy encompassing all your customer interactions is essential to delivering ongoing audience engagement and loyalty. The big challenge for organisations is to not only understand who their customers are and

what they need, but also to have the right technology in place to deliver on these expectations at the right time, in the right place and format. According to Gartner, the customer experience is defined as the “customer’s perceptions and related feelings caused by the one-off and cumulative effect of interactions with a supplier’s employees, systems, channels or products.” Managing the customer experience (CXM) involves understanding how your customers interact with your brand and reacting to their activities to improve the experience to nurture the customer lifecycle. The relationship between a business and its customers (or client) involves a great deal of understanding and trust. As competition for their attention continues to increase in today’s digital landscape, being able to truly understand who they are and what they want is becoming even more critical to ongoing success. Content and information is the ultimate driving force behind the customer experience. This can take several forms of media such as articles, images, graphs, audio and video files. Through interaction with content, both current and prospective clients build trust in your business and brand by understanding why engaging and working with you would benefit them. Providing a highly engaging and personalised experience relies on having the capability to deliver the right form of content to the right part of your audience at the right time.

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At Abacus, our mission is to help brands and communities to grow revenues and improve engagement with personalised offers and experiences across multiple channels and product sets. Our specialist cloud platforms and services manage digital content, websites, paywalls, e-commerce, and subscriptions. We also provide sophisticated Single Customer View and membership engagement functionality for both large and small professional institutions and brands across the globe including UK, US, Australia, South America, the Middle East, and Asia. Our clients include Ascential, British Film Institute, Centaur, Christie’s, Conde Nast, EMAP, Gas World, IBC, The Law Society, New Scientist, and Royal Society of Chemistry. Webvision Cloud is an award-winning GDPR-compliant Digital Experience Platform (DXP) for organisations of all sizes that need to provide their audience with a relevant and engaging digital experience across all devices, at an affordable price. At Abacus, our mission is to help brands and communities grow revenue and engagement with personalised offers and experiences. If you are looking to upgrade your website, CMS and complement it with a fully integrated audience management database, we have a winning proposition in Webvision Cloud. For more information, please contact at marketing@abacusemedia.com or 0207 766 9810 ■


Fridays at Quill Nothing slows down on Fridays at Quill – or indeed in many places within the legal profession. We all know that Friday busyness is typified in the conveyancing sector when exchanges take place, dictated by most house buyers’ preference to move home at the end of the week.


nd in other areas of law, legal cases don’t stop, court hearings or trials aren’t cancelled, and contracts don’t change their completion date just because it’s Friday. For anyone operating in law, Friday is as hectic as any other week day. For Quill, the last day every week has an even greater focus on compliance. Of course, our Interactive legal accounts software warns users of potential breaches at any time with exclamation marks denoting missing e-chit information, confirmation notifications for tasks that cannot be later undone and other system prompts for incorrect entries. However, on Fridays, our Pinpoint outsourced legal accounting service cashiers ensure any compliance issues are highlighted, reported and resolved. When you consider the plethora of problems that fall into the non-compliance category – from data loss and delayed payment processing to incorrect allocation of client monies into the wrong account and missed deadlines, plus everything in between – and bear in mind the volume of clients we currently service – 8,000 users altogether – you could be forgiven for thinking this an impossible task. In actual fact, by having robust systems in place and applying a disciplined approach, we’re able to address our clients’ compliance obligations successfully every Friday, without fail. As already intimated, for clients using Interactive, there are all manner of easy-to-use features to support fee earners progressing matters, for cashiers to efficiently manage finances according to the stringent demands of the SRA’s legal accounts rules and HMRC’s Making Tax Digital legislation, and for compliance officers to generate compliance exception reports for rectification or reporting to the relevant regulatory body. Interactive is subject to an extensive software development roadmap with a strong focus on legal accounting enhancements. We notify clients of these new and improved tools via our monthly e-newsletters and ‘What’s new’ button located in our software’s top toolbar. In the past few months alone, we’ve upgraded functionality for associated ledgers for cases, e-chit/bank integration, MTD input and output screens, batch accounts postings, ‘keep’ options to avoid data input repetition, authorise and maintain screen additions, and multiple developments to both detail and summary accounts-specific reports. All of these software improvements are designed to simplify and strengthen your compliance procedures thereby making your Friday tasks that much more manageable. For clients using Pinpoint, we send a weekly batch of reports showing ledger balances for client and office accounts, unpaid bills and breaches. These reports act as a prompt for clients to tie up any loose ends by authorising payments and correcting breaches which are still outstanding. Our reports also streamline

the process of recording failures and preparing reports on material breaches in the right format for the SRA, CLC or Law Society of Scotland. These important checks are actioned by our Pinpoint cashiers each Friday. As our cashiers work in teams of six, headed up by a supervisor, it’s then our supervisors’ role to oversee the accurate production and prompt delivery of these reports, and act as an escalation point for any ensuing queries. We take our responsibilities very seriously because it’s all part-and-parcel of providing a regulatory-compliance-guaranteed service. Aside from these typically Friday reporting jobs, a normal day for our cashiers comprises liaising with clients, completing bank reconciliations, processing day-to-day transactions, gathering information for month end and subsequently completing month end closures as well as posting legal aid submissions and sending VAT returns at quarter end to HMRC via MTD. By acting in the cashier role on behalf of our clients, the only requirement for Pinpoint users is to log daily e-chits of inbound and outbound monies, and record fee earning activity and disbursements. We do all the rest. By lessening your workload, your Fridays are certain to be stress-free, at least from an accounting and compliance perspective anyway. Because of our unique provision of both Interactive and Pinpoint in tandem, our portfolio is superior quality in relation to other legal accounts software and cashiering service suppliers. That’s because it’s a common platform used by our cashiers and there’s a plethora of management information intelligence drawn from this one central software platform by our supervisors. And, as noted earlier, we’re also constantly researching new ways to improve our products further still. It’s these ongoing software enhancements, defined in our aforementioned roadmap, which go a long way to streamlining clients’ and Quill’s processes. Late Friday afternoon, to salute another successful week fulfilling our compliance requirements, the beer fridge is opened so everyone can have a quick drink before heading home for the weekend. This is one of the many employment perks at Quill. It’s a nice way to mingle with our colleagues in a relaxed atmosphere, celebrate a job well done with some paid-for-byQuill refreshments, and look forward to two days of rest and recuperation by starting the weekend an hour early. After a typical Friday, it’s well deserved. To discover more about Quill, please visit www.quill.co.uk, email info@quill.co.uk or call 0161 236 2910.■ By Julian Bryan Managing Director, Quill HAMPSHIRE LEGAL


Premium Residential <0.25Ha

Environmental | Flood | Ground Stability | Energy & Infrastructure

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This page should always be read in conjunction with the full report. The Professional Opinion indicates the potential risks and any other potential issues associated d with the property. The results should be disclosed to client and/or lender and/or insurer as appropriate. A ‘Pass’ is g given if no p potential p property p y speci p ific risk has been identified. A ‘Pass with Considerations’ is given where there are potential hazards in the locality to bear in mind, d, or if there are features nearby which some clients might consider could affect them. A ‘Further Action’ is given if there is a potential property specific risk and a further action is advised.

In the event of a request to review the Professio ional Opinion based on additional information, or if there are e any technical queries, the professional advisor who ordered the report should contact us at info@futureclimateinfo.co om, or call us on 01732 755 180.

Regulated by RICS If you rre equire assistance, please contact your Search Provider or alternatively contact FCI directly with your Report ID. Tel: 01732 755 180 | Email: info@futureclimateinfo einfo.com | Web: www.futureclimateinfo.com



Changes to CLR11 Land Contamination Guidance Published The Environment Agency (EA) has published an update to the Model procedures for the management of land contamination (CLR11).


he updated online guidance is built on the principles of CLR11 and the scope, purpose and the framework remains the same. The original guidance began as a research document back in 2004 and was quickly adopted as the de facto guide for managing the risks from land contamination. In this time it has not been updated, so this is a welcome enhancement that makes it more accessible for all. Single Remediation Strategy Format The structure is shorter and more simplified. The explanation of the remediation process has been improved. There is now an emphasis on developing and producing a single remediation strategy, rather than just working through the stages. This means that the later stages and tiers have been revised and reordered. Stage 2 now focuses on reviewing options appraisal, while stage 3 is about remediation and verification. It also includes a Remediation options applicability matrix. This is a tool to help indicate the broad capabilities of a remediation option and covers common methods that are generally available for particular contaminant-media type combinations. Better Look and Feel The look, feel and usability of the guidance have also been upgraded: • Technical language, terminology and content has been updated, explained and retained where necessary – it is now suitable to novice and professional alike. • It complies with new accessibility laws – such as compatibility with screen readers, web based, clear and concise. • Repetition and general background information has been removed to meet GOV.UK publishing requirements • It is now more user focussed, shorter and easier to understand • Information on next steps is much clearer, whilst retaining the same referencing system. The EA is actively seeking feedback so that the new guidance is acceptable to both environmental practitioners and regulators on the technical content and structure for a period of 6 months.

of CLR11 or any existing or planned contamination projects. Our View The changes have been endorsed by Tim Champney, Managing Director at Future Climate Info: “From a first glance, the LCRM guidance appears to offer a more intuitive approach to the risk management principles. I expect that the improved accessibility of the guidance will make the market at the early stages of the risk assessment process more inclusive and competitive, which can only be a good thing, whilst helping to improve the quality and consistency of those services offered. Future Climate Info will be actively engaging with the Environment Agency to provide our support and contribution to the import feedback process before the final withdrawal of CLR 11 at the end of 2019.” Our resident Specialist in Land Condition (SilC), Commercial Director, Chris Taylor also said: “The new guidance seems an excellent step forward, simplifying CLR11 to make the key content more manageable and easy to understand by a wide range of property professionals. The online format enables quick navigation but still retains the key reference documents which experts may need to refer to during the risk management process. I’m sure there will be some changes following feedback from user groups such as SiLCs, but the current guidance is a solid first step and we look forward to further improvements.” We will be using the framework, together with additional feedback on best practice through our professional links with CL:AIRE, IEMA and CIWEM to support our opinions applied to both our contaminated land risk assessments and FCI appraisals for both residential and commercial property. Does your client has a potentially complex redevelopment site that needs due diligence on its past use? Our commercial environmental report, combined with our fixed fee further review services provides unparalleled support. For more information, contact us on 01732 750180 or email consultancy@futureclimateinfo.com. ■

Once the feedback has been incorporated, the existing CLR11 document will then be withdrawn, to avoid confusion over which version to use. None of these changes affect the original purpose HAMPSHIRE LEGAL


If you’re using any Drainage and Water report other than the CON29DW…

Good luck. A CON29DW uses all known water company information, including both free and paid-for data. This ensures that the FULL picture on drainage and water is presented. The Geodesys CON29DW presents the information in plain language; provides useful detail; includes two high-quality Ordnance Survey maps (one for water and one for waste and drainage); and uses an interactive format to make it easy for you to retrieve relevant information. Some Drainage and Water reports simply infer answers from the proximity of the pipes nearby, rather than checking the billing and connectivity data that the water company holds. Or they can ignore water company data, such as the information on whether a property is at increased risk of internal flooding. The lack of an answer to this question is often covered by insurance in some reports. Whatever the example, the home buyer, lender and conveyancing solicitor are all exposed to risk.

When it’s your reputation on the line, do you really want to leave it to luck?

It’s your call…

CON29DW from Geodesys. No inferring, no ignoring, no insuring. Assessing drainage and water risk can be a tick-box exercise, but with the CON29DW you’re guaranteed a factual, reliable and secure approach. It’s a choice that impacts three separate, but connected, parties in the home buying process:

The lender Lenders need to focus on property risk as well as applicant risk – and a key concern is drainage and water. The CON29DW answers all 23 drainage and water questions from the Law Society, covering areas such as connections, pipe and drain locations, and risk of internal flooding. Other reports can infer and ignore answers, using insurance to cover the risk.

The conveyancer If a less than full picture of the property leads to drainage or water issues, a law firm’s PI insurance usually covers any remedial work – but it can’t cover the time and effort required, nor any damage to reputation. Plus the homeowner may have to carry out costly work in the future.

The CON29DW from Geodesys offers the following key features: • a crystal-clear front-page customer dashboard • clear identification of potential issues • easy-to-use interactive navigation • two formats: interactive PDF and usual print format • thorough information on drainage and water legislation • a ‘plain English’ guide • a modern design created by industry

The home buyer Whether a dream house, a desperately needed upgrade or a first-time purchase, complex drainage and water problems are a major setback for any homeowner. Even if covered by insurance, there’s still the pain of sorting out an issue that could have been identified before – and the buyer may not have gone ahead if they’d known. Call: 0800 085 8050 Email: customer.services@geodesys.com www.geodesys.com/con29dw-goodluck


GCS Title Insurance – Comprehensively Simple

Guaranteed Conveyancing Solutions (GCS) is recognised as a market leading provider of legal indemnity insurance (otherwise known as ‘title insurance’), for both ‘Residential’ and ‘Commercial’ properties.


ll our policies are comprehensively worded and the process of obtaining cover is fast and simple. There are 3 options when it comes to issuing legal indemnity insurance with GCS: ‘Online’, ‘Pack’ or ‘Bespoke’. 1) ‘GCS Online’ provides users with 24/7 access to their account where they can obtain quotes in seconds and issue policies in minutes. All documentations are sent out electronically and immediately. 2) GCS Insurance ‘Pack’ is just as easy to use as our Online system. The main difference is that documentation is not sent out electronically but instead, policies are in paper format and contained in logical order within the Pack itself. 3) Our ‘Bespoke’ service is available if you are unable to issue directly from our ‘Online’ or ‘Pack’ because the risk does not meet the relevant criteria or if the policy cover your client requires is not listed Online or in the Pack. Simply contact us for a quote – an experienced and friendly underwriter is always there to help. Don’t worry – the choice is yours! We understand that not all conveyancing professionals work the same way and that some prefer certain methods of obtaining legal indemnity cover for their clients over other methods.

At GCS, we have over 20,000 conveyancers that rely on our policies with every individual having the option to choose Online, Pack, Bespoke or ALL three methods in combination. All services are FREE to use and non-obligatory – Online registration takes minutes and we post the insurance Pack first class the day it’s requested. Don’t just take our word for it – here’s what our customers have to say: “I (personally) think GCS are brilliant. The self-issue packs are fabulous.â€? “The online service is simple, cost comparable to other insurers and very user friendly.â€? “Pack and bespoke arrangements always come back quickly and will provide reply within hours to enable matters to be dealt with efficientlyâ€? Like what you hear? Join the thousands who come to us for their clients’ legal indemnity needs and find out why we’re trusted by over 20,000 conveyancing professionals. Register for ‘GCS Online’ account today by visiting www.gcsonline.gcs-title.co.uk. Request a GCS insurance ‘Pack’ today by visiting www.gcs-title.co.uk/orderpack. For a ‘Bespoke’ quote, send an email to underwriters@gcs-title.co.uk. â–

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Unoccupied Property Insurance – We Include all

of the Covers Required, as Standard We’ve tailored our Unoccupied Property Insurance to fit perfectly with the requirements of solicitors, executors, powers of attorney or deputies. We work with law firms and private client solicitors, as well as organisations such as STEP, SFE, Professional Conferences and various regional Law Societies, to make sure our product works perfectly for those who use it, and provides the best cover available for unoccupied properties.


ue to our involvement with our legal contacts, we’re aware of what makes things easier for solicitors when it comes to protecting their clients’ assets. As the home is often the most valuable part of the estate, it makes sense to be sure that it’s as protected as possible, especially in the period of unoccupancy during probate and estate administration. We include a wide range of covers for unoccupied properties in all of our standard premiums. This means there’s no need for adding optional extras for covers that may increase the premium, and the client isn’t paying for covers that don’t apply to an unoccupied property. Some of our covers that are particularly notable include; Theft, Malicious Damage, Storm, Flood and Subsidence, as well as Falling Trees, Lampposts or Telephone Poles. We include all of these most commonly claimed for risks, including Escape of Water and Full Accidental Damage cover. We include all of our covers with £1,000,000 Buildings cover and £10,000 Contents cover, included for free, within our standard premium. This means there’s less chance of underinsurance, as long

as these sums are adequate for the property and contents, and contents can be increased if needed. Plus, as we include all of the above covers and much more, there’s also no forgetting to add covers that may be required, should something happen. All of the properties we cover come with the added features of: • No excess to pay on any claims with us • Excellent customer service team on hand to help with any queries • Pro-rata returns on all 9 and 12 month policies • Credit accounts and a Business Development Executive for solicitors, to insure all of your clients’ properties, in one place, with one provider • No inspection requirements Get in touch with our team for more information, by calling 0800 015 2211, or emailing:enquiries@unoccupieddirect.co.uk. As always, terms and conditions apply, and you can view all of our policy documents and more information regarding our product and services online, at: www.unoccupieddirect.co.uk.â–

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An X-Press service for solicitors and conveyancing professionals

Pic: Neil Bedford

X-Press Legal Services was established over 20 years ago, with the aim of streamlining the property-buying process by providing specialist searches and reports.


he company has been so successful that it now has 26 offices across England and Wales and is one of the UK’s Top 10 search companies. It provides over 400,000 conveyancing searches and reports to some 500 legal practices every year. A key reason for the company’s success is that its offices are owned by local experts, who are supported by a dedicated national office. Neil & Helena Bedford own X-Press Legal Services Hampshire and are based in Eastleigh. Neil explains: “We know our area and our clients well, and understand their needs. We’re committed to providing a highly professional, fast and friendly service that’s tailored to their requirements.

“We use the latest technology to source high-quality, data-rich reports that comply with all the industry regulations.” To ensure that they can always provide a reliable and accurate service, the people at X-Press Legal have forged close relationships with industry specialists such as Ordnance Survey, Groundsure, Landmark and the Coal Authority. The company is also an Executive Member of the Council of Property Search Organisations (COPSO). For more information, visit https://xpresslegal.co.uk, or call 01925 393333 to find your local office. ■

Looking for for fast and accur acccurate conveyancing repor ts? The search ends here X-Press Legal Services has a network SJ SJ½GIW TVSZMHMRK SZIV conveyancing searches and reports each yearr.

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Cash as

an Asset Class As Investors in the UK have become more cautious given political and economic uncertainty, allocation to Cash within the portfolio has grown. Why is this Cash not being treated as an Asset class in its own right?


n addition to the percentage of cash in a recommended portfolio, it is critical to understand that the wealth manager may only be seeing part of the story. Many clients treat their cash separately from their investments which, except for day-to-day spending doesn’t help anyone. How can the wealth manager give proper objective advice without seeing the full picture of a client’s finances? In most cases, the clients will then sit on the cash in a high street bank earning little or no interest. When these paradigms are combined, individuals might have as much as half their savings in cash and it is highly likely that this is underperforming. Step one is for clients is to share the full picture of their finances with their wealth manager but step two is that, for this to happen, the industry needs to get much better at offering cash investment alternatives.

country can improve the returns on that cash by 1% then that releases £15 billion of improved returns back to investors and ultimately back into the UK economy.

What does “allocated to cash” currently mean?

S4 Financial Limited – steven.vallery@s4financial.co.uk

Very few wealth managers offer cash investment products and where they do, they are often structured notes where the principal may be protected but any return is actually exposed to interest rates or currencies. These investments require a level of sophistication that is inappropriate for the majority of investors. For lack of a better option, the wealth management industry often confuses cash and short dated bonds. Not only do they behave in very different ways but right now, the 2 year UK Government bond yields 0.52% while the best 2 year bank account yields 2.1%. The bond is more liquid but for that compromise, the client is earning nearly 5 times the return. Current UK inflation is 1.9%, if your cash is earning less your savings are depreciating daily. In addition to this, if the amount per bank is £85,000 then the bank deposit is FSCS protected and the risk profile is very similar.

What else? So far we have focussed on the Individual. The attitude towards cash, creating the statistic quoted in the paragraph above is as much the case with Trusts, Charities and Corporates as it is the Individual. All of the diversification and return enhancement discussed is available to all account types and needs to be embraced.

Steven Vallery

Active Cash Management The psychology needs to change. All parties should see cash as part of the portfolio rather than a separate afterthought. Cash returns need to stop dragging down the overall portfolio returns and better cash alternatives will give the wealth manager the confidence to give advice to recommend cash as an asset class with less concern for “missing out”. The concept of Active Cash Management is important at any stage in the cycle but arguably even more critical in the current interest rate environment.

How? * Regulatory change – PSD2 * Challenger banks * Technology A combination of these factors makes the UK savings market more interesting and competitive than it has been for many years. Clients can choose from a greater range of savings products and also move money faster and more cheaply than before. With the fast moving pace of technology there is now not necessarily the need to complete multiple application forms, duplicate money laundering, clients now have the option for a single sign up process which can give them access to over 20 banks and minimises the time and effort it takes to manage their cash both now and in the future.

Is it worth it? If both clients and wealth managers do more to demand and provide better cash management products then the national impact could be very material. There is more than £1.5 trillion of inert cash in the United Kingdom. If the




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Property Insurance

Renewing your PII for 2019 should be a priority. Conditions have changed and the market has hardened.


he legal profession has enjoyed access to competitively priced professional indemnity insurance for many years. PI market conditions have been favourable, capacity amongst insurers has been ample and renewing PI has been relatively straightforward for most firms But conditions have changed, and the market has hardened. It has been widely reported over the past few months of a challenging and hardening professional indemnity insurance market. The alarm bells started ringing in August last year when Libra Managers, which provided cover to 20 of the top 200 firms, confirmed it would not underwrite any new business from 1 October 2018. That left a number of firms with just six weeks to find a new insurer. As Solicitors prepare to renew their 2019 Professional Indemnity Insurance there is significant evidence from brokers and insurers that the market is significantly hardening - and some firms may find it difficult to obtain competitive terms. Most insurers are expecting a rate increase of around 10% and this is affecting firms of all sizes and profiles. Rates maybe even higher if a firm’s fee income has increased substantially or claims activity has increased. The rise in premiums is due to the general hardening of the insurance market, partly driven by higher value claims, the reduced capacity of participating insurers and some specialist PI insurers

withdrawing from the market altogether. This year, therefore, it is even more imperative that Solicitor firms consider their PII renewal sooner rather than later, and, importantly, prepare their proposal form carefully – fewer questions will be asked by underwriters if you complete your proposal form as a comprehensive overview of your firm. For example, it should include a detailed explanation, and the firms’ remedy, of any large claims; a clear and precise clarification of any changes, or proposed changes at the practice and/or work splits. Firms should also regularly review their claims history to ensure that any of the claims that can be closed are indeed closed, rather than remaining recorded as ‘open’ on their summary spread sheet. The professional indemnity insurance market may be hardening for the first time in years, but as reported recently in The Law Society Gazette, well-managed firms with the right profile and approach will find that there are good deals to be had. But it is important not to be complacent in the current conditions, your choice of broker is key and, finally, do not leave your PII renewal process to the last minute.

By John Kilmartin Head of Marketing, Hera Indemnity



Book Review


A Practical Guide By Peter Lyons, Foreword by Lord Pannick QC

ISBN: 978 0 85490 266 8 WILDY, SIMMONDS & HILL PUBLISHING www.wildy.com

A FUNDAMENTAL PURCHASE FOR ALL TRAINEE ADVOCATES IN 2020s An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister” and Mediator


here remains a school of thought which suggests that advocacy is not a subject which can be taught – you either have an ability to be an advocate, or you don’t. Some go further and think that any advocate is merely a quick-witted actor able to lie effectively for the client.

Wrong again as Peter Lyons admirably demonstrates in this new work entitled “Advocacy” and the sub-title “a practical guide” published by Wildy, Simmonds and Hill. His view is clear that “advocacy is a skill, and mastering a skill means acquiring a technique”. You need, as a potential advocate, what he goes on to describe as hard work, experience “and a dash of talent”. We think the book is also highly relevant to non-lawyers and unrepresented parties in court proceedings. The author’s mission is to help all those people who wish to learn essential advocacy skills as well as those who are seeking to make their advocacy more effective: the beginner and the more experienced. Lyons shows how to overcome nerves; how to present clearly and ethically; and how to undertake case analysis. It is a formidable task and he succeeds brilliantly in making this book readable for potential 21st century advocates as the styles change over the decades. From a vantage point of legal practice, this small paperback must be read by all aspiring barristers and solicitors who are intent on courtroom work because the judiciary continue to criticize the standard of advocacy skills currently displayed before them in proceedings. “Advocacy” redresses the balance for the modern courtroom era. Lyons also offers the legal profession at all levels excellent advice on how to succeed in these fundamental areas: Interim Applications (Motions); Handling Witnesses in Examination-in-Chief (Direct



Examination) and in Cross-Examination; Re-examination; Making Submissions of Law to a Court or Panel; and Trial Speeches to name but a few. The author has also intentionally included a section on written advocacy which is always heavily under-rated by the qualifying training courses. What you get from the book is superb advice on how to write persuasively and how to draft submissions and effective skeleton arguments. “Advocacy: A Practical Guide” is primarily aimed at barristers, solicitors, arbitration lawyers, patent attorneys and students so do read the introduction carefully before you go through the two hundred odd pages. The appendices are particularly helpful so do try out the case study at the back as a practical training exercise once you have read the main text. We feel that international lawyers will find the book very helpful, too, providing as it does, a better understanding of common law practice such as cross-examination in the England and Wales jurisdiction. The paperback edition of this book was published on 28th February 2019. ■

by Elizabeth Taylor and

Phillip Taylor MBE

of Richmond Green Chambers

Book Review

ANDREWS ON CIVIL PROCESSES WIFE’S ACQUIESCENCE IN HUSBAND’S TESTAMENTARY WISHES NOT SUSPICIOUS: Second Edition By Neil Andrews ISBN: 978 1 78068 684 4 INTERSENTIA LIMITED www.intersentia.com AN IMPORTANT STATEMENT OF LAW ON THE MAIN FORMS OF DISPUTE RESOLUTION TODAY An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator It’s always the case that the legal publishing firm, Intersentia, based in Cambridge, Antwerp and Chicago, delivers the legal goods for the legal profession. And they do so in spades here with this authoritative statement offering “a fresh and stimulating examination of civil justice, embracing court proceedings, mediation, and arbitration”. The book has been written by Professor Neil Andrews from the University of Cambridge. It’s a new edition which has been summed up brilliantly as “a critical and principled treatment of the subject made possible by extensive knowledge not only in the English methods and techniques but also in foreign civil procedural laws”. To us, the new edition remains one of the most important books which Intersentia publish and it contains both national and comparative law advice for all practitioners. In this substantial volume, Andrews guides the reader through the practice of dispute resolution in all its major forms for this new second edition at a time of change. He covers public and private, adjudicative and conciliatory methods in thorough detail. The ensuing 1,200 pages give both lawyers and laymen a complete picture of the court and arbitration systems, and of the developing technique of mediation at a time of substantial implementation in 2020s. Without doubt we consider that “Andrews on Civil Processes” gives many of us what we have been looking for, that is “an outwardlooking work”. We, as advisors who seek further leads, are given additional assistance with the detailed citations of primary sources and the rich bibliographical references to national and foreign works. It makes the work heavy in all senses of the word! “Andrews on Civil Processes” has developed into an authoritative statement on the fundamental and systematic treatment of its subject by its leading expert (Andrews). He offers us an acute observation in the preface of why this book has now appeared in a new edition stating that “universities and the legal profession and judiciary must continue to work together in the common cause of supplying a rich

education and achieving a critical perspective on legal practice”. It goes without saying that this book will provide a valuable resource on the changing civil processes we face in the next decade The work has been fully revised and updated for the 2nd edition and it remains an essential work of reference for litigation advisors, judges, commentators, and students. We do make special reference here to the increasing support the courts give to mediation and arbitration as both are nearly always selected as an alternative to the court processes. As many non-resident participants now choose to conduct arbitration in London or bring proceedings before the English High Court, (particularly the Commercial Court), we are given the clear and wellordered structure of “Andrews of Civil Process” to assist us by Intersentia. We feel that the book will also of interest to the lawyers beyond just the jurisdiction of England and Wales to cover nonEnglish practice. This second edition of this hardback book was first published on 26th April 2019. The author states that he sent his manuscript to Intersentia based on WLR case law reported no later than 4th May 2018. However, Professor Andrews says it has been possible to make further changes to reflect developments which have emerged before March 2019, so we have a very up to date statement whilst we prepare for further changes to the civil processes in 2020 and beyond. ■

by Elizabeth Taylor and

Phillip Taylor MBE

of Richmond Green Chambers HAMPSHIRE LEGAL



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29/12/1932 26/12/2014

Trying to Trace Executors name in Will dated 18/1/1973

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Hours of work: 21 hours over 3 days per week. ■

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