HAMPSHIRE LEGAL
HAMPSHIRE LAW SOCIETY
1892 - 2017
AUTUMN 2017
JOURNAL OF THE HAMPSHIRE LAW SOCIETY
C E L E B R AT I N G
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www.hampshirelawsociety.co.uk
HAMPSHIRE LAW SOCIETY 1892 C E L E B R AT I N G
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Inside this issue:
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■ Legacies ■ Mediation ■ Property ■ Financial ■ Conveyancing
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CONTENTS
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ADVERTISING AND FEATURES EDITOR Anna Woodhams GRAPHIC DESIGNER John Barry ACCOUNTS Joanne Casey MEDIA NO. 1508
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PUBLISHED AUGUST 2017 © The Hampshire Incorporated Law Society Benham Publishing LEGAL NOTICE © Benham Publishing. None of the editorial or photographs may be reproduced without prior written permission from the publishers. Benham Publishing would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of Benham Publishing. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press. Benham Publishing cannot be held responsible for any inaccuracies in web or email links supplied to us. DISCLAIMER The Hampshire Incorporated Law Society welcomes all persons eligible for membership regardless of Sex, Race, Religion, Age or Sexual Orientation. All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between member and should not be relied upon as an accurate statement of the law, are of a general nature and do not constitute advice in any particular case or circumstance. Members of the public should not seek to rely on anything published in this magazine in court but seek qualified Legal Advice.
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COVER INFORMATION The cover image: Christina Blacklaws Law Society Deputy Vice President and Jim Al-Khalili OBE BBC Presenter, Hampshire Law Society Annual Dinner & Awards.
COPY DEADLINES Winter Spring Summer
18th October 2017 18th January 2018 18th April 2018
Members wishing to submit material please contact the Editor, Alison Plenderleith, before copy deadline. 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
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CONTACTS INTRODUCTION HAPPENINGS IN HAMPSHIRE JUNIOR LAWYERS DIVISION ARTICLES FINANCE LEGACIES TAXATION MEDIATION
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EXPERT WITNESS PROBATE PRACTICE MANAGEMENT FINANCIAL MEDIATION CONVEYANCING BOOK REVIEW NOTICES
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Contacts
HAMPSHIRE LAW SOCIETY CONTACTS The following is an up-to-date list of committee members’ names and addresses and the sub committees to which they belong: PRESIDENT Russell Evans Resolve UK Summerlands House Botley Road, Curdridge Southampton SO32 2DS Tel: 01489 797073 Email: russell.david@yahoo.co.uk
VICE PRESIDENT Kristina Colmer Email: kricolmer@hotmail.com
DEPUTY VICE PRESIDENT Joe Robertson Jasper Vincent 44 Queensway Southampton SO14 3GT DX 2005 Southampton Tel: 02380 633225 Email: jrobertson@jaspervincent.com
HONORARY SECRETARY Rod Hursthouse 10 Hudson Close, Liphook Hampshire GU30 7UW Tel: 01252 622122 Fax: 01252 774409 Email: rodhursthouse@btinternet.com
HONORARY TREASURER Ian Robinson Churchers Bolitho Way, 13-18 Kings Terrace, Portsmouth PO5 3AL DX 2205 Portsmouth Tel: 02392 882001 Email: irobinson@cbwsolicitors.co.uk
IMMEDIATE PAST PRESIDENT Matthew Robbins Jasper Vincent 44 Queensway Southampton SO14 3GT DX 2005 Southampton Tel: 023 8063 3225 Email: mrobbins@jaspervincent.com
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LAW SOCIETY COUNCIL MEMBERS Razi Shah (North Hampshire) Appleby Shaw Trinity House 15a Trinity Place Windsor SL4 3AS DX 3830 Windsor Tel: 01753 860606 Fax: 01753 860620 Email: rshah@applebyshaw.com Nick Gurney-Champion (Residential conveyancing) Gurney-Champion & Co Champion House 104 Victoria Rd North Southsea PO5 1QE DX 117953 Portsmouth Central Tel: 023 9282 1100 Fax: 023 9282 0447 Email: ngc@championlawyers.co.uk
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
BUSINESS DEVELOPMENT OFFICER Alison Plenderleith Lanchet Cottage, Stuckton, Fordingbridge SP6 2HF Tel: 07429 523183 Email: bdo@hampshirelawsociety.co.uk
COMMITTEE MEMBERS AND SUB COMMITTEES EDUCATION & TRAINING
Anthony Harris (Chair) ajharris@clara.co.uk Kristina Colmer Katharine West Alison Plenderleith Nicola Jennings Joe Robertson Milly Bygrave (Co-opted)
LITIGATION & DISPUTES RESOLUTION
Russell Evans (Chair) russell.david@yahoo.co.uk Wendy Hewstone (Co-opted) Steven Wood (Co-opted)
MEMBERSHIP
Roderick Hursthouse Alison Plenderleith Deglan Rowe
NON CONTENTIOUS
Nick Gurney Champion Matthew Robbins Simon Whipple
REGULATORY
Adrienne Edgerley Harris (Chair) Adrienneedgerleyharris@gmail.com Roderick Hursthouse Ian Robinson Jennifer Williamson
SOCIAL
Sarah Hallett (Co-opted) Mo Aldridge
COMPLAINTS
Kristina Colmer kricolmer@hotmail.com
PR
Joe Robertson (Chair) jrobertson@jaspervincent.com Simon Whipple James Gleisner
PUBLICITY
Mo Aldridge (Chair) maldridge@jaspervincent.com Katharine West Kristina Colmer Alison Plenderleith Nicola Jennings
STUDENT UNIVERSITY LIASION Kristina Colmer kricolmer@hotmail.com
OTHER COMMITTEE MEMBERS
David Ankcorn James Kitching Tom Mitchell Victoria Whelan
Introduction
PRESIDENT’S REVIEW SUMMER 2017 Summer has arrived strong, passionate, colourful, joyous, bathing in all its tempestuous glory, sun beating down and lightning dancing to its warming rhythms. Sometimes of course there is a shower or two to revive those garden beauties and keep Mother Nature lush in all her magnificent splendour. Our summer can be a time of many contradictions. It is the time when the Earth is furthest in its elliptical orbit from the sun. However, for those of us in the northern hemisphere, who are fortunate enough at this time to be tilted towards the sun, it is usually not only the lightest but the warmest time of the year. Indeed we may glory in the Earth’s 23 degrees tilt which also brings with it the wonder of the seasons. Summer can not only be a hive of activity, but a time for recuperation and relaxation. We all seek our own summer treasure whether this is a day lapping up the sun as waves crash against the beach, a walk in a sweetly scented garden or a more vigorous sporting adventure. As for myself I have been invited to participate in an archaeological dig in York. Who knows what treasure I may find. I am sure that it will be rich in memories. Since my last missive a general election has come and gone leaving many uncertainties in its wake. The online court, however, has received renewed commitment and impetus with a pilot beginning in July. We have witnessed the atrocities and despair of the Manchester bombing and London attacks as well as the Grenfell Tower fire. We have also, however, witnessed great fortitude, love, compassion and camaraderie with communities pulling together. There is certainly much to reflect upon. Our hearts go out to the victims. We must also praise those who have offered a supportive helping hand. Andrew Caplen, our very own national Law Society President 2014-15, has also been our Law Society Council member representing Hampshire and the Isle of Wight since 2000. After many long years of service Andrew stepped down from office in July. We would thank and praise Andrew for his tireless commitment to justice, perseverance and dedication in office. We now welcome Nick Gurney-Champion as our new Council
member and would wish him every success. We must also congratulate Lady Hale on being appointed the first female President of our Supreme Court and likewise wish her well. 285 of you joined with us and BBC presenter Jim Al-Khalili at Southampton Football Club for our Annual Dinner and Awards in May. Thank you to all of you who attended and helped us to raise in excess of £2200 for the charity SightSavers and indeed for making it possible to restore countless peoples’ eyesight. We can all play our small part in bringing peace and happiness to the world and perhaps even supporting and inspiring the visionaries of tomorrow. Out of small acts of kindness and generosity can much be achieved. In my capacity as President I have visited many parts of the county as well as our brethren in Dorset, the IOW and London. More stories will follow in the next edition. For now, looking ahead, we have partnered with Southampton University to bring members a talk by Lord Justice Briggs author of the Civil Courts Structure Review about the new online court. This will take place at Southampton University at 6pm on Monday 20th November. It will include a Q&A session and will be followed by a drinks reception which is free to members. Booking and registration will be online so do look out for further details. We are still in discussion with MPs about a trip to Westminster and afternoon tea at the House of Commons and will bring you further news in due course. As a Society we are here to work with and for you. Together we can make a difference. For now enjoy your summer and the many mysteries that it may bring.
Together We Are Stronger
Russell Evans Hampshire Law Society President
PIC • Annual Awards Jim Al-Khalili, Laura Cartwright of Carnival UK and President Russell Evans
PIC • Lord Justice Briggs
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LAW SOCIETY COUNCIL MEETING SUMMARY: 5 AND 6 JULY 2017 Council report
Praise for unsung pro bono
Council met for the last meeting of the 2016-17 'season', with a full agenda, and this was followed by the Annual General Meeting of the Law Society. This marked the customary accession of the new office holder team, led by Joe Egan as President, and the formal election of a number of new Council members. You can find the full list of Council members here: http://www.lawsociety.org.uk/about-us/ourcouncil/council-constituencies/.
Council discussed the great work done by Law Society members to support victims of London Bridge, Finsbury Park and Manchester atrocities and the Grenfell Tower disaster. The Law Society has worked behind the scenes to help connect solicitors offering pro bono help with clients in desperate need.
Changes to governance for 2018 January 2018 is planned to see the roll-out of the first phase of new governance arrangements agreed by Council. The governance review has been under way for some time, and the implementation of the initial set of changes has now been agreed. The new Main Board, intended to facilitate efficient and agile decision making, will meet at least every two months. Feeding in to this Board will be one board covering policy and regulation and another covering membership and operations. Chairs of these boards will sit on the Main Board. The specialist committees who bring their expert advice and perspective to the policy work of the society will report to the policy and regulation board. Work is also under way by the Council Membership Committee to look at the representativeness of Council, and recommendations will come to Council in due course.
Law Society - planning and finance Financial plans for next year are based on a further reduction in the practising certificate fee, reflecting the Society's continuing drive to secure value for money for its members. As part of the business planning process for next year and beyond, a fresh look is being taken at the purpose of the Society and its objectives and culture. This will come together in plans for our next financial and business year which begins in November. The Law Society Group’s Annual Report and Accounts for the previous year were also presented. You can find them on our website, along with our annual business review which highlights our work last year to represent, promote and support our members: http://www.lawsociety.org.uk/about-us/annual-report/.
TRAINING
SQE – representing our views SQE was also discussed, with the Society preparing its response to the latest SRA consultation which is due to close this month. We will flag the need for rigour and clarity in the definition of “degree equivalent” as we want no drop in standards, especially in light of Brexit and the need to retain the global standing of the profession.
Brexit action The Society has been working hard to help government as negotiations begin and ensure that issues including mutual recognition and access rights are central to discussion. These were set out in our manifesto for justice and have shaped dialogue with government. We have also been working with other European bars to protect our mutual interests as the process moves on. The Society has a dedicated web page on its work to support the profession and the reputation of England and Wales as a global legal centre: http://www.lawsociety.org.uk/policy-campaigns/campaigns/globallegal-centre/
Greater diversity Council discussed diversity in the profession and noted the work done by the Society to help increase this at all levels. This includes our Diversity and Inclusion charter for firms, as well as our social mobility ambassadors, showcasing people who have come to the profession from non traditional backgrounds and our Divisions for women, ethnic minority and LGBT lawyers and lawyers with disabilities. The Society will continue to focus on activities to support career progression and wellbeing for under represented groups and help firms tackle these issues.
Changes to the Gazette Council welcomed the new approach of the Gazette in featuring the outcomes of Council meetings and giving more visibility to the outputs from the Society’s expert committees.
Insolvency: Applications & Implications
Quantuma are delighted to invite you to our FREE* Hampshire Insolvency Seminar in partnership with the Hampshire Law Society. The Seminar will cover: • Insolvency - The Basics • New Rules - April 2017 • Interaction between a law firm’s • Case Studies operations & Quantuma
The seminar will be presented by Quantuma’s Simon Campbell & Adam Price who between them have in excess of 25 years experience within the Insolvency Industry. Free for HILS members Non members £10.00 Light refreshments will be served Venue: Paris Smith, 1 London Rd, Southampton SO15 2AE Time: 16:00 - 18: 00 Date: Wednesday 27 September 2017 Sponsored by
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the Hampshire Law Society lecture schedule is included with this magazine as a separate handout
Happenings in Hampshire
Moore Blatch appoints community care solicitor Moore Blatch is delighted to announce the appointment of Nicholas Endean as solicitor specialising in community care and mental capacity matters. As part of the community care team at Moore Blatch, Nicholas acts for individuals or carers seeking the right care package, whether from the NHS or local authority, and in all aspects of Continuing Healthcare claims. Nicholas also has considerable experience with mental capacity issues, and in particular representation at the Court of Protection for health and welfare matters. Nicholas joins from Swain & Co Solicitors where he spent 8 years and where he qualified in 2012.
David Thompson, managing partner at Moore Blatch said; “Nicholas will further strengthen the community care team at Moore Blatch, which includes 2017 Chambers UK recognised lawyer Paula Barnes. The team advise on both a complex and often highly emotive area of law, requiring not just technical knowhow but huge amounts of compassion as they are often advising some of the most vulnerable people.”
PIC • Nicholas Endean
Nicholas Endean, Moore Blatch said; “I am delighted to join Moore Blatch as it has some of the most respected lawyers working in this field.”
Dutton Gregory celebrates the opening of their new office! Last week Dutton Gregory, solicitors, celebrated its continued success and growth by inviting their neighbours and the local business community to take a look at their new offices located in Stoneycroft Rise, Chandler’s Ford. Dutton Gregory’s Managing Partner, Andrew Tilley, stated “The evening was a great success! It was good to see so many familiar faces at the drinks reception and to show off our new office. We hope guests enjoyed the evening as much as we did.”
will add to the thriving business community that has sprung up in Chandler’s Ford over the last few years. The office will be in addition to Dutton Gregory’s other Hampshire office, located in Winchester City centre, it’s London office space and its two offices in Dorset.
Now open, the new Dutton Gregory office houses teams that can provide advice to cover every aspect of family or business life. The firm
Moore Blatch acquires law firm Calvert Smith & Sutcliffe Law firm Moore Blatch, which has offices in Southampton, Lymington, Richmond and the City of London, has acquired Richmond law firm Calvert Smith & Sutcliffe. Established in 1917, Calvert Smith & Sutcliffe employs 25 people who will operate from their existing office in Richmond. The purchase of Calvert Smith and Sutcliffe comes at a time of expansion for Moore Blatch across the south of England, and follows the recent announcement of their move to Chandlers Ford. David Thompson, managing partner, Moore Blatch, comments, “Calvert Smith & Sutcliffe is a long established law firm providing professional and practical advice to individuals and businesses in West London. Their highly respected lawyers will complement our team in Richmond and across the South of England.”
Janette Davies, Director, Calvert Smith & Sutcliffe, comments; “Moore Blatch shares in our values and ethos to deliver a bespoke personal service and clients will continue to receive that high level of service and expertise. The merger also means clients, whether individuals or businesses, with be able to access a wider range of specialism than before.”
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ANNUAL DINNER 2017 Just under 300 guests attended the Hampshire Law Society Annual Dinner and awards ceremony held at Southampton Football Club, St Mary’s Stadium on Thursday 25 May. Top table guests of the President Russell Evans, included guest speaker Jim Al-Khalili, The Hon Mary Montagu-Scott, High Sheriff of Hampshire, Olivia Pinkney, Chief Constable and officers from local professional institutions and neighbouring law societies.
Guests gathered for drinks in the Mike Channon suite whilst some enjoyed a tour of the stadium seeing the iconic areas associated with premier league football. Irwin Mitchell took Hampshire Incorporated Law Society’s ‘Large Law Firm of the Year’ award with Dutton Gregory as runners up. In addition one of Dutton Gregory’s clinical negligence team, Victoria Whelan, was winner of Junior Solicitor of the Year. Victoria said: “I am absolutely delighted to have won this award after being runner up last year and to be recognised both for my contribution and that of Dutton Gregory.” The best small firm was Churchers which traces its roots back 130 years and supports a number charities making a positive impact on the local community. Managing Partner Ian Robinson said “ I am very proud and delighted to have accepted the award on behalf of the staff at Churchers. It is recognition of the hard work, dedication and commitment that everyone at the firm has contributed to our success over the past 12 months” Solicitor of the year was scooped by Julian Quartermain of Larcomes bringing success to Larcomes for the second year running. Julian joined Larcomes in 1984 and is in the private client team. Wilkins Kennedy won Solicitors Accountancy firm of the year and Barclays triumphed in the banking category. Carnival UK were the worthy winners of the new “Hampshire business of the year” award. The awards recognise exceptional endeavour and excellence.’
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All the winners were presented with their awards by Jim Al-Khalili OBE. Jim is a scientist, author and broadcaster who appears regularly on TV and radio. He has presented programmes on the BBC, ITV and Channel 4 including Tomorrow’s World, The Life Scientific, The Science of Dr Who, The Riddle of Einstein’s Brain, The Secret Life of Chaos, Genius of Britain, and Bang Goes the Theory. As well as handing out the awards Jim spoke about his varied career in science and broadcasting, entertaining and amusing the guests and fielded a Q&A session with topics ranging from gravity to dark matter. The evening raised £2,200 for Sightsavers, an international charitable organisation that works with partners in developing countries to treat and prevent avoidable blindness. Russell Evans, President of Hampshire Law Society said ‘I am delighted by the warmth and generosity of the legal profession, to have helped raise awareness of preventable blindness and to contribute to making a difference to peoples’ lives.’ Sponsors for the event were Quantuma, Independent Financial Solutions , Brighter Law Solutions and College Chambers.
Happenings in Hampshire
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Junior Lawyers Division
The Solicitors Qualifying Examination (SQE) From 2020 there is likely to be a new way to qualify as a solicitor.
The Solicitor Regulatory Authority (SRA) has forged ahead with its plans to completely revamp the current system. Under its latest proposals: the need for a law degree is gone, the LPC is gone, candidates will be able to qualify a year earlier, and there will be a centralised exam for all. Why is SQE being introduced? The SRA has said there is a need to ensure that all qualifying solicitors are of the same standard, regardless of the route they have taken. It believes that, under the current arrangements, certain new pathways may be compared unfavourably to the traditional university route. The SQE is intended to dispel this, as passing it will enable each qualifier to demonstrate that they are of the same standard as everyone else. What is the SQE? Despite its name, the Solicitors Qualifying Examination is more than just a new form of examination. It is a complete overhaul of the way in which candidates will qualify as solicitors. The details are still being worked on and consultations remain open, but a number of the major points have already been decided upon by the SRA. The new form of assessment will involve candidates taking two stages of examination, SQE1 and SQE2. SQE1 will test legal knowledge and will be a written exam, mainly multiple choice, to be taken around the time of graduating from a degree or equivalent. Under the SRA’s current proposals, this does not have to be a law degree or equivalent. SQE2 will test issues such as client interviewing and providing advice - this will be a practical skills examination to be taken after two years of work experience has been completed. As mentioned, candidates will have to undertake a minimum of two years of legal work experience, which cannot comprise of any more than four separate placements within that two year period. The JLD’s views on the SQE The introduction of the SQE is going to have a significant impact on a large proportion of our members and is one of the most important issues we have encountered in recent years. The JLD is supportive, in theory, of a consistent centralised standard and recognises that there are limitations with the current system of education and training.
There are, however, a number of issues that the JLD has concerns over, including: 1. The limited timetable to efficiently introduce SQE; 2. The lack of information as to how much the introduction of the SQE will cost; 3. The impact of the SQE on social mobility, specifically linked to costs; 4. The use of multiple choice questions as the basis for examination for SQE1; 5. The quality of qualifying work experience and its recognition; 6. The removal of the requirement to have experience of both contentious and non-contentious work; and 7. The lack of clarity relating to qualification requirements for Wales given ongoing devolution and the nuances of certain laws in Wales. The JLD has taken forward the views of its members and campaigned to persuade the SRA for more information. The JLD has raised the specific concerns listed above, but the key issue remains that. without full information on how the SQE is going to look, there is only so much that can be said in response to the SRA’s consultations. If you would like to know more, further information can be found at http://communities.lawsociety.org.uk/junior-lawyers/
James Kitching Executive Committee Member of the JLD & Solicitor at Coffin Mew
IT’S BACK!
Once again, Southampton solicitors are taking on Southampton surveyors in a battle of the professions. Last year the surveyors won, for the first time in years, and we need to get the trophy back!
And, if that’s not enough, a new fixture has been added this year and we will be taking on Southampton accountants.The fixture dates are: Solicitors v Surveyors 15 September @ 19:00 Solicitors v Accountants 29 September @18:30 The games will be played at University of Southampton Sports Ground, Wide Lane, Eastleigh SO50 5PE If you are interested in playing in both games, or you are just available for the one, please contact James Kitching (jameskitching@coffinmew.co.uk) to register your interest. Thank you to 3PB for kindly agreeing to sponsor the Solicitors v Surveyors game (if you would like to sponsor the Solicitors v Accountants game, please let James know)
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Dutton Gregory Welcomes Three New Female Equity Partners It’s all about ‘girl power’ this month at regional law firm, Dutton Gregory, as it promotes three new female equity partners from 1 July 2017. Denise Bull (Commercial Property), Emma Menzies (Head of Personal Injury) and Gina Peters (Landlord & Tenant Team Leader) are all located in the firm’s new offices in Chandler’s Ford, Hampshire. All three have over 20 years’ of experience in their respective areas of law.
Managing Partner, Andrew Tilley, stated “It’s an exciting time of growth at Dutton Gregory in this, our 70th anniversary year. I’m delighted to be able to add three such enthusiastic people to our partnership and I know that they will help us ensure that the firm continues to go from strength to strength.”
Moore Blatch appoints finance director Moore Blatch is delighted to announce the appointment of Chris Ake as finance director. Chris will work with the Board and management team at Moore Blatch to shape the Partnerships' strategic direction and drive forward its business plan. His appointment follows the retirement of John Davies. Chris joins from Bevan Brittan, a top 100 UK law firm, where he was finance director for over five years. Prior to that Chris held a number of senior finance roles including nine years at Mitie Group PLC, a leading facilities management company. David Thompson, managing partner at Moore Blatch said; “First, I would like to thank John
Davies, our former finance director, who has started his much deserved retirement. I’m also delighted to welcome Chris as our new finance director. Chris joins at a time of growth for Moore Blatch, with the move to our new offices and as we look to continue to expand. Chris brings the knowledge and experience to help us manage this.” Chris Ake, finance director, Moore Blatch said; “Moore Blatch is a highly respected law firm across the south of England and I am delighted to join them at this exciting time for the business.”
PIC • Chris Ake, Finance Director
Dutton Gregory – Sail to Success On Friday 26th May Dutton Gregory took to the water for the first ever SPA South Coast Property Cup, which saw an exciting sailing competition amongst property professionals on Southampton Waters. The event was born from a collaboration between Royal Southampton Yacht Club, RYA, MDL Marinas, Sunsail and Rees Leisure. Teams took to the water in the glorious sunshine, setting sail at 8.30am and finishing at 2pm. Competition was tough but Dutton Gregory, whose team included several regular sailors, fought their way through to win the coveted cup! Denise Bull, a Partner at Dutton Gregory and part of the winning team stated “Our skipper asked us if we wanted to have a relaxed day out or whether we wanted to win."
We want to win" was the resounding response! We might have got a bit carried away when we tried to protest another boat for rounding the wrong mark and then discovered we had it wrong (we went round the other mark as well to be safe!). However it was all worth it to lift the trophy for the first ever Southampton Sailing Week Property Cup!“ So the bar has been set……. let’s see if Dutton Gregory can keep hold of the cup next year!
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Regional law firm aims for £20m turnover by 2020
Regional law firm Trethowans has set its sights on becoming a £20m turnover business and a top 100 UK practice by 2020. That’s the message from managing partner Chris Whiteley on the back of two years’ impressive figures which has seen the four-office firm grow by 37 per cent to over £15m.
“Our strategy is clear. With our wider geographical reach, organic growth will be supplemented by prudent acquisitions and hiring lawyers with a strong client following or additional specialism.”
Three contributing factors are highlighted by Mr Whiteley: the Southampton office moving to new prestigious headquarters; a successful merger with Poole based firm Dickinson Manser; and a number of high profile appointments across all offices.
As a springboard, the firm has invested in a new office in Winchester together with a base in London. It is also investing in IT, a new website, training and an increased marketing spend.
Currently, Trethowans is a Top 150 law firm which has coincidently been in existence for just over 150 years and has a team of 212 people, including 35 partners. Commercial clients include household names such as Ladbrokes Coral, Bacardi Martini, Jewson, Pizza Hut, Garmin and Endsleigh Insurance. Mr Whiteley comments: “One of the of the most satisfying aspects of our performance is that even if we discount the merger, the firm’s underlying growth was 14% in the last two years, which demonstrates just how robust this business is.
To mark its 150th anniversary last year the firm delivered a campaign of 150 good deeds in the region and helped raise over £30,000 for charity. An emphasis has also been placed on community sponsorships. Partnerships have been forged with, among others, speedway’s Poole Pirates, Salisbury Rugby Club, Winchester Football Club and the Trojans, Southampton’s community rugby club. Looking to the future Mr Whiteley added: “Without doubt an important ingredient in our success has been our culture. It may be stating the obvious but we pride ourselves on not only being professional and providing an excellent service, but also providing a supportive, inclusive working environment. The fact is, when recruiting we look for good, decent people as much as outstanding lawyers.”
From Tuesday 1 August 2017 Portsmouth Business School will be called the Faculty of Business and Law, which will comprise Portsmouth Business School and Portsmouth Law School. of 100 in the Times University Guide and 55 out of 96 in the Guardian University Guide.
The change of Faculty name represents the current composition of the Faculty. The School of Law was established in August 2008 and has grown significantly in numbers and reputation. Student recruitment is strong with overall student numbers increasing this academic year by 62 to nearly 700.
The change of Faculty name is a result of consultation within the University and Faculty. The University Executive Board agreed the proposed change of Faculty name at its April meeting.
In its short life, the School of Law has achieved excellent league table positions, currently 41 out of 98 in the Complete University Guide, 35 out
The name change to Faculty of Business and Law will better reflect, recognise and sustain the University’s strength in law education.
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Thursday 17 May 2018 Hilton at the Ageas Bowl
Happenings in Hampshire
Afternoon Tea at House of Commons We are already in discussion with MPs to host a reception and afternoon tea at the House of Commons for Hampshire Law Society Members. We will be joined by our friends from Dorset and Bournemouth Law Societies. If you would like to register your interest please contact Nicola Jennings on administration@hampshirelawsociety.co.uk
Law Firm Appoint New Partner Lamb Brooks Solicitors continue to boost their partnership with the announcement of James Phipps’ appointment to Partner. The announcement highlights the Basingstoke firm’s commitment to driving the business forward and giving the local community the highest possible standard of legal services. The firm now has 65 members of staff working from 2 connected offices at the top of town. Having joined the firm as an Associate Solicitor in 2016 James has been on the fast track to success - quickly taking on the Head of Department role for the busy Private Client department. James now runs the department of 10 who provide comprehensive legal advice to many Basingstoke and North Hampshire residents on their Wills, trusts and estate planning needs. James specialises in advising business-owners, farmers, landowners and other high net worth individuals and families. James also has a particular specialism in trust work which can be a very complex area of law.
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CELEBRATING
“James is an asset to the Lamb Brooks team and has truly made an impact on the firm; we are delighted to have James join the Partnership this summer” commented Robert Finlayson, Joint Managing Partner. “We look forward to James’ input within the Partner team, his experience is a valuable addition to the firm and he has provided an outstanding level of service to our clients since joining – Congratulations James!” added Andrew Lowe, Joint Managing Partner. James Phipps joins Alec Brooks, Andrew Lowe, Ann Davies, Nigel Bourne, Robert Finlayson and Sheena Aston as the top of town law firm’s 7th Partner.
ANNUAL
GENERAL MEETING
Tuesday 28 November 2017 Wessex Hotel, Winchester
Y E A R S
The AGM will run as follows: Timetable 1630 – Refreshments 1700 – AGM 1815 – Pre dinner drinks 1900 – 3 course dinner 2130 – After dinner speaker
A full notice will be sent
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Happenings in Hampshire
Ready for the Data Protection Revolution? High profile cases of online disruption, the threat of ‘cyber attacks’ and privacy of an ever-growing amount of personal data gathered by organisations, has forced the European Union to approve new legislation to which business owners must comply within the year. From May 2018, the current ‘Data Protection Directive’ will be replaced with the ‘General Data Protection Regulation (GDPR)’. Businesses will need to demonstrate that the minimal amount of data is collected for a specific purpose, it is retained for no longer than strictly necessary, and that regular assessments are held to review all information held by the company. Data protection breaches, such as sending emails to the wrong person and losing confidential documents, laptops or other devices, must be reported within 72 hours of the breach, and records kept of actions taken by the business. “The GDPR will be a far tougher regime,’ says Grant Usher, Associate in the Corporate & Commercial Team of Verisona Law. ‘Whilst the maximum penalty for non-compliance at present is £500,000, the GDPR, which will affect all businesses within the United Kingdom, will raise this to €20m or 4% of a business’ international turnover.” ‘Data Processors’ such as staff or an outsourced entity that provides banking, HR, payroll or cloud services, will only be able to process personal data with precise written instructions from the business. In turn,
Data Processors shall be able to demonstrate their own data protection compliance and but they must give notification of any data breach to the data protection regulator. Grant, who is advising a number of clients on data protection in preparation for the new legislation, has a number of ‘easy fixes’ for businesses to quickly get to grips with the mandatory compliance. ‘Businesses need to educate all members of staff on GDPR’s purpose, requirements and consequences,’ he states. ‘In terms of process, I find it helpful to designate the responsibility for data protection compliance within an organisation to a specific individual. Then policies can be examined, procedures assessed and it can be determined whether a complete information audit is needed.’ ‘At Verisona Law, we are working with clients to review data protection and privacy policies, analyse commercial agreements with customers, suppliers and distributors, revisit terms and conditions and help train people from the boardroom to the shop floor.’
Family Mediator receives accreditation for Child Inclusive Mediation Sam Miles, Family Mediator and Partner at Warner Goodman, has recently received accreditation to practice Child Inclusive Mediation, a unique qualification held by only a small number of Family Mediators in Hampshire. Sam explains here why she completed the course, and how allowing children’s voices to be heard during disagreements can give parents real insight into how their actions impact their child, helping them come to amicable agreements. What is Child Inclusive Mediation? Family mediation is a highly successful technique for parents to come to agreements over arrangements for their children following a separation. “While some parents can come to these agreements amicably, other parents cannot do so, most likely because their separation was a particularly painful one,” explains Sam. “A Family Mediator will spend time with both parents in a neutral environment for them to discuss their situation with an independent person, and hopefully reach a resolution. Under normal accreditation, this can only be done with the parents, however Child Inclusive Mediation allows for the children to meet with the Mediator, on their own without the parents. Parents are in family mediation to make arrangements for their children, so what could be better than putting the child and how they feel at the heart of those discussions?” How does Child Inclusive Mediation work? The process is straight forward for Child Inclusive Mediation; once both parents agree to their Mediator meeting with their child, the Mediator will write to the child inviting them to a meeting explaining that both of their parents want to involve them in the decisions made about their future and want to find out how they can make the right decisions for them. If the child agrees, they inform their parents who contact the Mediator to then set up a meeting. The meeting can be completely confidential if the child wishes, or they can choose which elements of their meeting are fed back to their parents. The only time confidentiality would be breached is if the Mediator feels the child is at risk.
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“Sometimes even if the child wishes for everything to remain confidential, just speaking to an independent person in a neutral, relaxing environment can be extremely helpful to release any stress they may be feeling,” continues Sam. “A Family Mediator must be accredited in order to complete the Direct Consultation with Children Course. I became accredited a number of years ago and found this next step in family mediation incredibly interesting and powerful. The course explained the process of how to invite a child to mediation, what signs to look for that may indicate that Child Inclusive Mediation would be of benefit to the family, as well as the theory and extensive research conducted about the effects of parental separation on children.” Why choose Child Inclusive Mediation? “These meetings with the child are not to interrogate them, they are simply to listen to how they are feeling and can provide another perspective to their parents,” continues Sam. “Children are extremely perceptive about how one parent may feel about the other; even just a look can give negative signals to a child. They will feel caught in the middle between parents and torn by their loyalties. This will lead to unnecessary stress, something a child should never have to experience and research has shown can lead to untold problems in their future. Being given the opportunity to hear how their actions are impacting their children, however unintentional they are or however hard it is to hear, is incredibly powerful for parents going through family mediation.” Sam concludes, “A child will inevitably feel stress when their parents first separate; parental harmony is of paramount importance following a separation to reduce those stress levels and help the child adjust to a different life.”
Article
Where there’s a will, there’s a way The words “my late mother made a homemade Will� are enough to strike terror into the heart of any Probate practitioner. A mangled piece of paper written back in 1972, when half the current family didn’t exist, is often the start of real trouble for us. Whilst many homemade Wills are well thought out and executed, I have come across a fair share that are so flawed as to impede the administration of the estate, lacking essential elements that a Will must have.
By Lisa Warriner
for Probate purposes, it is obviously better to have a fresh Will that leaves the estate to the correct people.
I always think that it is better to have a Will than not to have one. However, ill thought out Wills, or ones which are out of date, can cause a lot of problems for family members at a time when Such elements include the appointment of Executors, who take on the job of honouring the wishes of the deceased whilst at the emotions are raw and they need everything to run as smoothly same time ensuring that all legal boxes are ticked. I recently dealt as possible. with a homemade Will which failed to appoint anyone in this By Lisa Warriner capacity. This meant that the deceased’s four sons had to be approached to take on the role as they were the people entitled to do so. As they were all scattered across the country, they agreed that the most local brother should take this on. Fortunately, he was willing to do this. The next problem was that although it left the estate to the deceased’s five children, one of them had died and no provision had been made within the Will for such an event. It was therefore unclear as to whether this child’s portion should be redistributed amongst the surviving siblings or should pass down to that child’s children. This meant extra time had to be spent establishing the position in law. The Will had been witnessed but not dated. It was possible that the Probate Registry would raise questions about whether the Will had been witnessed by both witnesses at the same time. This meant contacting the two witnesses to see if they could recall the circumstances on the day. All of this inevitably cost the estate which is undoubtedly not what the parent would have wanted. This particular Will was very flawed but, luckily for all concerned, not so badly that it could not be proved. Some flaws are so deep that they cannot be overcome. One such flaw would be if the Will had been witnessed by inappropriate people such as a beneficiary or a family member. Any gift to a beneficiary who witnessed the Will would be void. Should a family member witness the Will, this could invalidate the Will entirely. Some Wills which have been handwritten are illegible. Others do not clearly name the beneficiaries and so careful guesswork in conjunction with the family is needed. However, it is not only homemade Wills that can cause problems. Some professionally made Wills which were perfectly fit for purpose at the time they were made are subject to events that would not have been anticipated at the time. Many clients do not update their Wills upon a divorce. Although there are provisions in place that treat the divorced spouse as having pre-deceased
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Article
‘JUSTICE MATTERS’ in MOZAMBIQUE!
I have recently returned from Mozambique. It is far from being a mainstream tourist destination - even Lonely Planet incorporate its Mozambican section within a volume relating to other parts of Africa.
There are beautiful beaches, but very little in the way of the normal visitor infrastructure and safari tourism is much better developed on the South African side of the border. So, what were my wife Lindsay and myself doing there? My major theme whilst President of the Law Society of England and Wales had been that of access to justice, focusing upon the difficulties that have been caused because of the continual cuts to Legal Aid. A particular emphasis related to gender based violence issues, with the intention of raising awareness and seeking to provide solutions through changes to procedures and the return of Legal Aid funding. I have written and spoken widely on these issues, both here and abroad. As President, it became a major focus of the international trips that are part and parcel of the role. So, for example, in Tokyo Lindsay and I visited a womens’ refuge. In Jakarta I met with the Indonesian Bar Association’s Human Rights Committee and in Berlin I spoke about the increasing difficulties that we are facing in the UK due to increased court fees rises and Legal Aid cut-backs. Lindsay is a Baptist Church Minister and a trustee of BMS World Mission. BMS is both a missionary organisation and a Development Agency, with an increasing amount of its work focused upon legal rights and the rule of law. For example, in respect of human trafficking in Thailand, land rights in Uganda and legal capacity building in Mozambique. BMS had asked us to visit Mozambique to boost awareness of their partner organisation AMAC, to speak widely on justice issues and enthuse both lawyers and law students to become involved with helping provide much needed access to justice. Mozambique is one of the poorest and most underdeveloped countries in the world. It is endowed with rich and extensive natural resources and, since 2001, with an annual average GDP growth that is amongst the world’s highest. However, the country still ranks among the lowest in human development, measures of inequality, average life expectancy (5! years) and GDP per capita (half of the population live on an income of less than $1 US dollar per day).
The Mozambican legal system is based on Civil Law rather than Common Law, undoubtedly as a result of four centuries of Portuguese rule. Sadly, like a number of other Developing World countries, bribery and corruption are rife - Mozambique is ranked at 142 out of the 176 countries monitored on Transparency International’s ‘Corruptions Perceptions Index’. Prosecutors, judges and lawyers are even occasional assassination targets. It was quite a trip. We spoke at five universities, three in the capital Maputo and two in Beira, a port city 500km to the north. We met with numerous lawyers and law students, with senior judges and the President of the Mozambican Association of Judges. I spoke twice on Mozambican radio - via an interpreter! The topic discussed was almost always in relation to the rule of law and the principles of Magna Carta, a document which is both recognised and revered even though Mozambique does not have a Common Law jurisdiction. And we were even invited to afternoon tea with the British High Commissioner! Lindsay and I also launched the Mozambican version of a short book on justice issues. In Portuguese the booklet is entitled ‘Quando A Justico se Torna Real’ – or ‘When Justice becomes real’. A free copy was given to each law student at the various universities, a number to various lawyers and judges and further copies to Flavio Menete, the President of the Mozambican Bar Association. * Lindsay and I were made exceptionally welcome. The Mozambicans were, without exception, both warm and welcoming. It was hard to say ‘Goodbye’ to a number who had become friends. There is certainly a desire amongst many in Mozambique particularly within the new generation of lawyers and judges - for a complete system change. One where justice cannot be bought and sold, where access to justice is available to all and where the rule of law reigns supreme.
Andrew Caplen President of the Law Society of England and Wales in 2014/2015)
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Legacies
A living legend Every year, we care for over 15,000 dogs who have been abandoned, abused or neglected. Dogs Trust never puts down a healthy dog. So with the help of our wonderful supporters, we can give these deserving dogs a second chance in life. Providing expert veterinary care, specialist rehabilitation equipment and training facilities doesn’t come cheaply. Not to mention all the vital everyday necessities like food, bedding and heating. Dogs Trust receives no government funding, so we wouldn’t be able to run our 20 state-of-the-art rehoming centres around the UK without the generous donations from our supporters. A third of our funds come from gifts included in people’s Wills. One such supporter, Dr Thomas Preston, has pledged to leave a legacy to Dogs Trust in his Will, after he and his beloved wife Pat spent 40 years of their married life looking after and rescuing neglected and unwanted dogs. Pat always had dogs from a young age, and couldn’t bear to see them injured or ill-treated. Sadly she passed away in 2014, leaving behind Tom and her darling dogs. It was the shared belief that no healthy dog should be put down that led her to make the incredibly generous decision to leave us a gift in her Will. So if you love dogs like we do, please consider leaving a legacy to Dogs Trust.
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Legacies
Legacy giving Did you know that legacy giving is fundamental to the amazing work of many charities? In fact, legacy income is estimated to be worth almost £2.5 billion a year to charities in the UK. Many charities rely on these gifts to help them carry out their vital work. Two out of three guide dogs and six out of 10 life boat launches are paid for by gifts in Wills, as is over a third of Cancer Research UK’s life-saving work. Unfortunately, there is evidence of a disconnect between people’s intentions to give money in their Wills and those doing so. Research shows that 35% of those surveyed want to leave money to charity in their Will, but only 6.3% do. Remember A Charity works in collaboration with more than 160 member charities, the UK and Scottish governments and The Law Society to do what no single charity can do alone – making legacy giving a social norm.
A report published by the Cabinet Office, working in partnership with Remember A Charity, showed that when professional advisors like you ask their clients if they would like to leave a gift to charity in their Will, they were twice as likely to give. Making provision for everything that’s important. A Will can be used to look after everything that your client cares about, from family and friends, to charity. Leaving a gift to a charity that your clients are passionate about can make an enormous difference. If we can just make a small increase in the percentage of people leaving a gift in their Will, from 6.3% to 10%, it is estimated we could raise over £1 billion extra for UK charities – the equivalent of a further 10 Comic Relief appeals a year. Find out more at rememberacharity.org.uk
Simply mention ‘including a charity’ to your clients. Most people don’t realise they can use their Will to take care of not just their family, but everything else that’s important to them as well by leaving a gift to charity. Solicitors can play a key role in the Will-making process by reminding their clients that leaving a gift to their favourite charity is an option.
Remember A Charity is part of the Institute of Fundraising, a registered charity in England and Wales (No. 1079573) and in Scotland (No. SC038971).
Your clients may not care that it’s illegal to handle a salmon suspiciously. However, they may like to know they can leave a gift to charity in their Will. rememberacharity.org.uk
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Taxation
The benefits for attending Live training courses. At the end of each training course or conference I ask participants to complete an evaluation form. Usually that’s when I get to hear if the room was too cold/hot and how great the lunch was. But to me the most important responses are to the question: “What was the best thing about this course?” And over the last seven years the most popular answer is “learning from the tutor and the other participants”. That, I believe, is one of the key reasons for attending live training courses. Of course you will learn from our tutors, they are experts in their field with very current knowledge (all are practising professionals, not academics). They also come from that relatively small pool of people who not only know their subject well, they have a great ability to communicate that knowledge to others. But with few exceptions the participants are practising professionals too and their collective pool of knowledge and experience can be underestimated. Our classes are typically made up of lawyers, accountants and in-house tax staff. The short, typically three-day courses allow members of what are often small in-house teams to take time out of their offices, whether in the UK or elsewhere. Increasing specialism in recent years has meant that tax staff everywhere, whether specialising in a particular tax topic in
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practice or in a specific industry, can be at risk of developing a narrower view than is ideal. Networking is a great way of tackling that but such events rarely provide an opportunity for detailed discussion of technical topics. This is where the live training course comes into its own. At each of our courses we blend tutorial with the chance to work on examples of real problems, and where better to look than at those facing participants in their current work? Small classes mean that everyone gets to know and trust each other very quickly. The shared knowledge builds into a valuable pool of resource for both participants and tutors. Back to those evaluation forms. The best comment? It came from an in-house tax manager who said at the coffee break on day one of our US corporate tax course: “I think I may have just saved the company £250k in the first half hour!” DJH International Tax runs courses on international and US corporate taxation, transfer pricing and US expatriate taxation. Details can be found at www.djhinternationaltax.com
Expert Witness
The importance of experts Martin Spencer QC
By Phillip Taylor MBE, Reviews Editor of The Barrister and Head of Richmond Green Chambers
“It has never been more important to highlight the critical role expert witnesses play in supporting the proper administration of justice and to establish the highest standards of best practice,” says Martin Spencer QC, who has just become the new Chair of the Expert Witness Institute (EWI).
Today, expert witnesses play a vital role across civil, criminal and family proceedings in the administration of justice. An expert witness is someone who, by his or her training, education, skill or experience, is known to have specialised expertise or knowledge and that other people may rely on their opinion.
And how right he is, because the use of expert evidence in legal proceedings has been a long-standing tradition, with the first recorded use of an expert witness in the UK courts in 1782.
“In providing independent assistance to the court by way of objective, unbiased opinion in relation to matters within their expertise, they make complex issues understandable to lawyers, judges and juries,” comments Spencer. The Procedure Rules for court work are quite clear: the expert performs his or her duty to the court. That duty overrides any obligation to a party from whom the expert is receiving instructions. The ‘knock-on’ effect with modern litigation is that the number and types of experts are increasing. “They have become an integral part of the court process,” declares Spencer. Many lawyers use experts in criminal proceedings in areas as diverse as accident investigations, forensic linguistics and the increased use of DNA evidence. In civil and family courts, experts cover areas such as forensic accounting, civil engineering, medical, and many more. It is recognized that, with litigation entering increasingly complex areas, the effective use of a good expert witness is increasingly important. “There is no doubt that high quality expert evidence will continue to play an important role in all court proceedings,” says Spencer. He adds that “there will always be a need for expert opinion about questions that are outside the knowledge, skill and experience of the court”. To meet this challenge, instructing lawyers need to ensure they work only with experts who understand their duties within the latest procedure rules, while experts need to take responsibility for their development and training to ensure they meet the highest standards, tThe EWI oversees, so effectively as the importance of experts grows with the changing face of litigation in the 21st century.
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Expert Witness
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Probate
Protecting Property When somebody dies, the largest element that makes up their estate is usually their home. This is often their own property, filled with a lifetime of memories, keepsakes and belongings. After the owner’s death, this building and its contents take on a very different role and to an administrator. The property is viewed in more simple terms and is very often the estates most valuable asset. As you all know, it is the role of the estate administrator to ‘manage’ and ‘realise’ these assets, but there is so much more work involved in these two words than meets the eye. They bring a whole new set of challenges to manage. These include the largely unpredictable British weather and the evenings provide criminals with perfect opportunities for acts of burglary and vandalism. Insurance company Aviva shared their claims statistics for the ten years between 2002-2012, and reported a 150% increase in claims for malicious damage to homes during this period. More vulnerable empty properties such as probate properties are at even greater risk of damage from vandalism and weather. Empty properties such as these hit the headlines last year when an article in the Telegraph stated: ‘More than 700,000 residential properties in England are left unoccupied, according to the charity Empty Homes. These vacant properties are often managed by people taking responsibility for the estate or affairs of another person or while a property is awaiting sale. However, many wrongly assume that existing buildings and contents cover would provide adequate protection should something go wrong and as a result, hundreds of thousands of homes are currently uninsured’.
With the demands of your workload you would perhaps struggle to see how you might arrange them all yourself. This is another area, in addition to our more widely known research, where our experienced staff at Fraser & Fraser would work with you, providing you with a trusted partner to offer support throughout the lifecycle of your case. Things to consider: - Maintenance & Security - Empty Property Insurance - Property Valuations - Energy Performance Certificate - Probate sales - Property Clearance If you are administering an estate with which you require our assistance or are experiencing difficulties, contact one of our case managers now to discuss how we can help: legal@fraserandfraser.co.uk or 020 7832 1430
GENEALOGISTS AND INTERNATIONAL PROBATE RESEARCHERS Phone: 020 7832 1430
I am a Solicitor
Email: info@fraserandfraser.co.uk
Looking for for Missing Beneficiaries Missing Beneficiary Insurance Certificates Will Search Missing W Wiill Insurance Industry Regulation International Bankrruptcy Search Asset Search Share V Vaaluations, T Tra ransffers and Sales Probate Property Assistance
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Practice Management
PRACTICE MANAGEMENT IN A MODERN WORLD EDITH ROBERTSON
MARK BALL
All professional service firms have undergone dramatic changes within the last 20 years, and barristers chambers are no different. To enable chambers to continue growing and being successful, the strategic practice management of chambers has become increasingly important. The efficient running of the Clerks room plays a large part in the effective practice management of both chambers and its individual members. Clerks are required to manage the client interface both on an individual member and chambers level.
responsibility to ensure that each task has the correct time allocated to allow the barrister to have the time to spend on a set of instructions. This is especially important when it comes to trials (and more complicated paperwork tasks) as not only has the time been reserved (and paid for!) by the client, there is also the need for the barrister to have the uninterrupted time to consider properly the matter in hand. Wellbeing at the Bar is a new initiative from the Bar Council and clerks are only too well aware that not allowing proper time for preparation can add unnecessary pressure on barristers, and in the end will lead to a reduction in productivity and general balance in their lives.
The careful management of incoming work from chambers clients is of paramount importance. In the not too distant past, a set of instructions would be sent into chambers and would be turned around with no real pressure once the barrister could get to it. Nowadays, however, that has all changed. With the general pace that business is now conducted, both professional and lay clients expect a more speedy response to their instructions. Solicitors are Changes in legal aid, the Jackson reforms and the expansion under pressure from their clients to be more efficient, and that in international work has also increased the challenges within pressure has been passed onto the Bar. It is therefore important as practice management. The challenges for clerks is to monitor the the effective “gate-keepers” that clerks manage the client’s marketplace, identify new clients or sources of work, expectations by ascertaining at an early stage the be aware of what competitor sets are doing and nature of the Instructions and the timescales that maximise opportunities, and encourage the kind must be worked within. This allows for the work to “The careful of changes that will sustain the organisation in the be diarised, ensuring that the work is monitored at management of long term. all stages and ultimately that promised deadlines are met. Using the diary system allows clerks to incoming work A large part of the ability to maximise opportunities better allocate and manage barristers’ time, from chambers relies on the marketing of chambers. Chambers are instantly seeing how committed a barrister is and now effectively brands, and thus careful consideration clients is of being able to assess their current workflow. is constantly given to both the type and level of paramount marketing. Clerks work with chambers marketing Due to the myriad of equally important demands committees to ensure that resources are used and ever-changing commitments, each individual importance.” effectively. Chambers marketing ranges from thought barrister’s diary is a complicated matrix which leadership through regular seminars, to networking requires continuous management on a daily (or events and the more traditional drinks parties. Often, chambers more quiet often hourly!), weekly and longer term basis. senior clerks will also have individual budgets for more targeted Nowadays, there is also a more forward-thinking approach to the marketing. The nature of marketing of chambers is ever changing in negotiation of counsel’s fees. Very often, clients have a budget in response to changes in the legal market. Marketing is not only about mind and clerks will be able to match suitable counsel to the entertaining- a lot of chambers are now focussing resources on proposed budget. In general, clerks will take a proactive approach social media as a form of marketing and a vehicle to improve in making sure that the fees are agreed in advance for each piece brand awareness. of work. In short, chambers nowadays are run by highly professional staff One innovation that has completely changed the way clerks operate who are acutely aware that to be successful they need to serve and is the amount of instructions that are sent by e-mail. This has not only manage both their external market- i.e. solicitors and the like - and had an impact on the expectation for a quick turnaround, but has their internal market, the members of chambers. Balancing these two also meant that junior clerks are spending a lot of their time printing areas is no mean task, but one that is achieved by the best-run sets. out and collating sets of instructions, jobs previously done by the By EDITH ROBERTSON and MARK BALL solicitors firm. Falcon Chambers In addition, the successful practice management of chambers means balancing the demands of chambers clients alongside ensuring that each individual barrister is able to manage the workload that is being placed upon them. It is the clerks
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Financial
“About half the practice of a decent lawyer consists of telling would-be clients that they are damned fools and should stop.” So said Elihu Root, the brilliant American lawyer, statesman and 1912 Nobel Peace Prize winner. His words got me thinking about how often we encounter clients, old and new, who need to be dissuaded from taking a potentially dangerous course of action, be it an unwise investment, encashment or other decisions. It can be a daunting prospect and requires a deft and diplomatic touch especially when the advice is not welcome. lanning how to offer advice without accounting for an individual’s profession is like planning to perform surgery without first taking the patient’s medical history. Well, maybe that’s a bit dramatic, as the dangers of failure are probably greater for the surgeon and the patient, but the point remains the same. Financial planning for any person will have the best-intended outcome only if performed and applied with reference to the variables that differentiate that person’s life from anyone else. In this sense, the provision of financial and investment advice for members of any profession should be approached as a specialty, specifically targeting the distinct, comprehensive needs that come with it. Lawyers particularly require financial expertise and experience focused on the unique characteristics created by successfully practicing law. A lawyer may, in many ways, be like owners or executives of a business; yet, they are also quite
P
different in many respects, particularly when they practice at a firm, and not in-house at a company. It is understanding and providing for those differences that sets an excellent advisor apart from an adequate one. The former will understand the unique set of challenges and opportunities presented by clients who are lawyers which include, but are not restricted to, the following; Earnings flow; the transition from salaried employment to monthly drawings and a profit share in the case of equity partners, the need for cash contingency, short-term asset management strategies and planning for irregular capital distributions. Tax planning; the pitfalls and advantages of self-employment, mitigating income tax and payments on account. Estimating tax obligations and planning for them is one of the single most important factors in a planning relationship. Tax obligations are likely to be substantial and can dramatically impact a liquidity throughout the year. Restricted lists; having an advice model flexible enough to cater for and accommodate a firm’s compliance restrictions and avoid recommendations and investments that would breach them. Risk management and assessment; in our experience, lawyers are afforded the opportunity to invest alongside their clients in private enterprises. While these opportunities may be quite attractive, they may also be unacceptably risky. The right level of due diligence, discipline, experience and balance in approaching them it essential. Understand and challenge; on many fronts. Understand that lawyers tend to be trained to minimise risk, which in financial planning and investment terms can be unwise and may require challenge. That they appreciate efficiency and brevity yet should be challenged to spend time on the critical task of attending to their own financial plans. That they are trained and predisposed to be analytical and to ask questions, never taking anything for granted and rarely relying on the opinions of others so a good advisor must be prepared to spend extra time explaining concepts, providing information and challenging beliefs. Here at S4 Financial we have often found that new clients come to us having delegated their affairs too lightly in the past and suffered as a result. Not all law firms are the same in terms of their offering, experience, range and depth of expertise and approach. The same is true of financial advisors.
Steven Vallery Business Development Director S4 Financial Limited Contact: 01276 34932
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Mediation
Mediation and mental health in Early Dispute Resolution: An increasing number of people are directly or indirectly impacted by mental health issues, either through a family member, close friend or colleague. Within the workplace, disputes arising out of, or comprising mental health issues, present significant challenges for both the employee and the employer. In May 2017, as part of Mental Health Awareness week, CEDR brought together cross-industry mediators and other experts to explore primarily how mediation could be used to manage and resolve workplace disputes. Benefits of using Mediation, If left unaddressed, mental health sufferers can feel increasingly isolated and disenchanted from their employer and their colleagues which is often a factor in the development of disputes. However, the adaptability, flexibility and party control over the process of mediation lends itself well to early interventions, sometimes bridging the gap between employees and employers, bringing the former back into the fold and breaking down the often held perception of a cold, “uncaring employer”. Building on this, the commercial case for supporting those with mental health issues, particularly through mediation is overwhelming. High staff turnover, aggravated periods of employee absence and diminished productivity are all by-products of failure to address mental health concerns among your workforce. The pace with which mediations can be set-up and the high settlement or positive progression rate, aide in getting people back to work and drastically reducing the time and resources that can be spent on grievances and tribunals. Mediation – adapting the process There are numerous considerations that be taken into account when mediating employment workplace disputes with mental health elements. Firstly, mediation is a voluntary process except where prescribed by the courts or a contract. This aspect must be stressed when arranging to mediate with someone who suffers from mental health problems. They need to feel able to partake in the process of their own volition as to pressurise them may exacerbate, not only their condition, but also the prospect of resolving the dispute. Furthermore, the inherent flexibility of the process allows the parties to adapt the location and timing of both the mediation day and the individual sessions. With respect to location, some may find it uncomfortable to mediate on the premises of the company or indeed within a formal corporate environment. Just as the mediator must be noticeably neutral, the same may apply to the location of the mediation. Also, the nature of the condition or the extent to which the employee, employer relationship has potentially deteriorated may necessitate establishing a framework for how the parties convene and ground-rules for how they interact. Mediator – specific challenges Workplace disputes present challenges not only to the overarching mediation process, but also to the mediator.
I. Choice of the mediator. Party-autonomy over the process is crucial to all mediations, but especially those with a mental health component. Parties need to feel empowered with respect to the choice of the mediator and need to feel exceptionally comfortable with this individual as the mediation will often explore complex and deeply personal issues. II. Neutrality of the mediator The mediation needs to be demonstrably neutral to remove the destructive “them vs me” dynamic which can develop especially between an employee and employer. The mediator needs to emphasise their role as a neutral third party, wholly removed from the interests of the employers. If the mediator would be seen to align with the employer, this will often dissuade the employee from partaking in the mediation or at the very least diminish the chances for resolving the dispute on the day. III. Pace of the mediation. CEDR’s mediator training stresses that the pace of the mediation is important. Mediators need to ensure that mediations do not stall, that progress towards a settlement is made. This has to be balanced with sufficient exploration of the facts and issues, but entrenched discussions are a waste of time, money and energy. Therefore, in commercial mediation, mediators and parties frequently work at a high intensity, however this may not be appropriate when mediating disputes with mental health elements; mediators need to be skilled in recognising when to slow down the process. IV. Know your limits Mediation should not be seen as a standalone process. Mediators need to be able to understand when the mental health sufferer needs to see a medical professional; this can be either before the mediation commences or at any point throughout. Final Thoughts In CEDR’s experience there are an increasing number of employment disputes involving individuals being treated for or recuperating from mental health issues but mediation is, when taking all of the above considerations into account, an effective tool for resolving them. Co-authored: Susanne Schuler (Assistant Director of Training at CEDR and mediator and Caroline Sheridan CEDR Chambers Mediator)
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Conveyancing
A time of change – the evolving legal sector Research has shown that legal clients want more transparency and better value for money when using legal service providers. Tom Curran, CEO at Title Research commented: “Changing urveys conducted by the Legal Ombudsman and YouGov have shown that almost half (49%) of people think the advice consumer behaviour has always driven change amongst the legal sector. The demand for transparent and cost effective they received from solicitors represented poor value for money, services is growing and legal firms have to cater for this. while 56% of clients want to know the overall cost of a legal service upfront, with 1 in 4 refusing to instruct unless At Title Research, we introduced a new fee structure The changing that was the case. earlier this year and have since launched a new modern demands on
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The changing demands on the legal sector mean that solicitors are under increasing pressure to offer services in a way that will appeal to clients. At Title Research we understand that this means that we need to adapt the way in which we offer our services as well, which is why we have listened to feedback from our clients and have introduced a new fixed fee pricing structure to deliver even better value for money.
the legal sector mean that solicitors are under increasing pressure to offer services in a way that will appeal to clients.
We now offer fixed fees to locate missing beneficiaries and reconstruct family trees – not only in England and Wales, but also in overseas jurisdictions as well. If we are unable to locate a missing beneficiary, we will provide a quote for insurance to protect against future claims. In the unlikely event that we can’t do this, we will waive our research fees completely so you won’t pay anything.
look for our business. Our new brand reflects the values that we stand for; providing specialist support for the estate administration process. We firmly believe that any service we offer should be priced fairly, transparently and wherever possible, on a fixed fee basis. We will never charge contingency fees like many of our competitors as we feel this approach is unfair for the client.
Title Research always offers its services based on a price that is agreed before any work is undertaken – we believe this offers a clear solution and the best value for all involved.” For more information on Title Research’s services, visit www.titleresearch.com or call 0345 87 27 600.
Specialist support for estate administration At Title Research, we provide trusted genealogical research and asset repatriation services to legal professionals. Everything we do is designed to streamline estate administration, take the effort out of locating the correct people or assets, and mitigate the risk of future disputes or complications. • • • •
Locating missing beneficiaries Family tree reconstruction and verification Creating a Statutory Will Administrator searches
• Specialist insurance and risk mitigation • Locating Wills, documents and addresses • Valuing probate and managing UK assets • Administering overseas assets
Call Email Web
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+44 (0) 345 87 27 600 info@titleresearch.com www.titleresearch.com
Conveyancing
Time to get on board? Our latest Continual Professional Development (CPD) event at the STEAM Museum was just the ticket – time to get on board? Did you know that all CPD courses run by Thames Water Property Searches (TWPS) are designed to help ensure you’re in line with most recent Solicitors Regulation Authority (SRA) guidelines? There is no need to count CPD hours since new guidelines were issued last November. Instead, conveyancers are required to identify and address any learning and development needs, to make sure knowledge and skills are up to date and that they are competent to practice. That’s why it was full steam ahead for attendees who came to our latest commercial conveyancing CPD event, held at the iconic STEAM Museum in Swindon in June. During the day-long conference, delegates got the lowdown on the latest industry news from experts such as Land Data CEO Jan Boothroyd, who gave an ‘informative’ talk on updates to various Local Authority searches, as well as their commercial applications. Another highlight was Paul Clark, consultant at Cripps LLP, who delivered an energetic commercial property workshop, covering issues such as lease drafting – especially relevant after the recent landmark case involving Marks & Spencer – and the registration gap, as well as exploring a variety of potentially problematic Stamp Duty Land Tax (SDLT) situations.
There were also talks from Alex Barr of Third Bounce on how conveyancers can win more clients and TWPS’s own account manager Jason Harper, who delved into the world of Sustainable Urban Drainage Systems (SuDS). To top the day off, delegates were given a history lesson from one of the STEAM Museum’s volunteers. Michelle Challis from Gardner Leader, said: “Solicitors from our conveyancing team regularly attend Thames Water CPD events and the recent commercial property event held at the Steam Museum in Swindon was excellent. The speakers were all very knowledgeable and the event, as usual, was well planned, informative and engaging.” Getting up to speed with your continuing competence is easy with TWPS. Take a look at our upcoming schedule of CPD events to see what we’ve got to offer your business: thameswater-propertysearches.co.uk/LatestNews/1698 To reserve your place at one of our events – or to chat with a member of our Customer Experience team – please call: 0113 953 1756 or email: twps.events@thameswater.co.uk
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Conveyancing
Tailored regulation from a specialist The Council for Licensed Conveyancers (CLC) was established in 1985 to foster competition and innovation in the conveyancing market.
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he CLC has always looked to be a proactive regulator in anticipating and monitoring the issues that affect the licensed conveyancing community. We work closely with all our licence holders and we listen to what they say, helping them to achieve the right outcomes for consumers.
The CLC regulates thriving firms of all types and sizes, and has always looked to promote high regulatory standards. Each CLC practice is allocated a Regulatory Supervision Manager (RSM), whose role is to guide them in all regulatory and compliance issues.
Today, we are still helping legal businesses to thrive by finding new ways to meet changing customer expectation. Our approach is to support firms to achieve compliance and to accommodate different ways of working where we can. In 2016, we were awarded the highest overall rating of any legal services regulator by the Legal Services Board.
Should you wish to discuss your practice’s requirements, whatever your business model, we will be more than happy to meet with you, or discuss them over the telephone. Please email licensing@clc-uk.org
There has also been no need for an accreditation scheme for CLCregulated firms or lawyers, thanks to their specialisation and the effectiveness of our tailored regulation. In a recent survey, three quarters of licensed conveyancers stated that the CLC provides value for money and supports them in developing their businesses. From November 2016, the CLC reduced its regulatory fees rates for practices by 20%.
TAILORED REGULATION OF SPECIALIST LAWYERS PROTECTING THE CONSUMER SUPPORTING INNOVATION, COMPETITION AND GROWTH
If you would like to find out more about CLC regulation, or are considering becoming a CLC-regulated practice, then please visit the CLC website: conveyancer.org.uk/Regulation-by-CLC where you will find more helpful information, including how to qualify as a CLC Lawyer: conveyancer.org.uk/trainee-lawyer
IT’S TIME TO THINK ABOUT THAT MOVE
To find out more about how your practice could benefit from transferring to the CLC, contact us on the details below.
www.clc-uk.org/Changing-Regulators or call 020 7250 8465 32
Hampshire Legal
Book Review
THE SUPREME COURT A Guide for Bears Edited by Isobel Williams Foreword by Lord Neuberger
ISBN: 978 1 99971 462 8 Isobel Williams www.isobelwilliams.org.uk IF YOU ARE A LAWYER AND YOU DON’T BUY THIS BOOK, YOU ARE TRULY UN-BEARABLE By Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister” If you’ll bear with us – even if you can bear-ly bear to read this, we shall tell you about the new guide to the Supreme Court of the United Kingdom. It’s called simply ‘The Supreme Court: A guide for bears.’ But don’t let that worry you. You don’t have to be a bear to read it. We can almost guarantee that adults, kids, even lawyers and judges will be beguiled by its charming and informative message and its quirky yet serious approach. Even Lord Neuberger loves it. We can prove that he does because, as current President of the UK Supreme Court, he has written the foreword. ‘…You are about to see them (the bears) explain a bit about what our Court does (and doesn’t do).’ he says. ‘Isobel Williams’s drawings capture the essence of these inquisitive and endearing characters – and her words help bring to life some of the things they get up to when the Justices and staff aren’t looking.’ Yes, the book is presented in a glossy children’s book format with two teddy bears on the cover waving their paws in greeting to welcome you into the august precincts of the Supreme Court. But then again, the book is as much for adults as for children. The intention of Isobel Williams as author, illustrator and publisher, is to engage everyone in this quite serious subject, which her book does -- and in great style too. Apparently, these unusually sophisticated and articulate teddy bears live in the Supreme Court gift area where, with presumably one swift swipe of a contactless credit card, you can ‘adopt’ one. You are reassured that none of the bears will object to being wrenched like this from their spiritual home. They have a mission to explain.
Thus, the bears take you on a whimsical journey through the highest court in the land as an excellent public legal education initiative. You laugh out loud and you learn a lot -- about British justice, about the court itself -- and about its history and purpose and the historic building it occupies. Clearly, Ms. Williams has been relentless in her search for bear references and imagery to add resonance to this narrative. She has found a wooden bear in Court 1… a stone bear in Court 3… and two polar bears under glass, a gift from Canada’s Chief Justice. Pointing out that there are supreme courts in many other countries, especially the USA, she has diligently dug up an obscure quote from a 12-volume work on the history of said US Supreme Court. ‘The Constitution would not have been noticeably affected,’ growled the author of these tomes, ‘if Sherman Minton’s chair had been occupied by a stuffed teddy bear from 1949 to 1953!’ Poor Sherman Minton. What a way to be remembered. Oh – and we are reminded too, that teddy bears were named for President (1901-1909) Theodore Roosevelt, one of the first and fiercest advocates for the conservation of wildlife and of America’s wilderness areas. So, if you happen to be passing the Supreme Court, or a certain bookshop in Lincoln’s Inn, you really must buy this book. Not doing so doesn’t bear thinking about. The publication date is cited as June 2017.
‘It’s good to know that the bears are travelling around the world,’ says Lord Neuberger, ‘spreading the word about the UK’s top appeal court as they go.’
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Notices
Howell-Jones LLP LITIGATION LAWYER Location:
Bordon
The Role Howell Jones is seeking to recruit an experienced and motivated lawyer to join our Litigation Team. The vacancy is in our Bordon office and the successful candidate will become a part of the very successful team that also works in our offices in Kingston and Walton. The ideal candidate will:
The Candidate • be an exceptional UK qualified Solicitor or Chartered Legal Executive with at least 6 years’ post qualification experience with an excellent track record of monthly billing and fees recovery. • demonstrate a sound knowledge and experience of a range of High Court and County Court litigation work including contract, tort, commercial, property including boundary disputes, professional negligence and Landlord and Tenant. • be experienced in advocacy and use counsel selectively. • will have experience of risk assessment of cases and working under CFA’s and DBA’s. • be highly organised, familiar with regulatory compliance procedures, Lexcel standards and will be expected to travel to meet clients at any of our other offices as required. • have a sound understanding of legal costs and be able to prepare costs budgets. • have excellent IT skills and be able to work independently. • be people friendly, a team player and a safe pair of hands who understands the importance of developing and maintaining excellent client relationships. • be proactive with a keen interest in looking for new business and developing his or her caseload and the team.
MISSING WILLS Mr Clive Griffin Smith aka Jackson 12 Rothesay Drive, Highcliffe, BH23 4LB or Brixedone Farm, Blundell Lane, Bursledon Southampton SO31 1AA 09/06/1944 DOB
Mr Steven Watson Howell 47 Richards Field, Chineham Basingstoke RG24 8JYZ 28/03/1958 DOB 21/05/2017 DOD
Ms Colette Nicola Oliver 233 Butts Road, Sholing, Southampton SO19 1BN 10/09/1970 DOB 02/02/2016 DOD
Ms Ennyd Hadfield Bishops Court, Basingstoke 24/08/1926 DOB DOD
14/01/2017
Ms Lynette Allen 10 Romsey Road, Nursling SO16 0XW 03/07/1959 DOB
Ms Lynette Allen 10 Romsey Road, Nursling SO16 0XW 03/07/1959 DOB
Mr Walter Edmund Joseph Wilkins
This is a full-time position. Please send CV (including home address, telephone number and references (if available) with salary expectations to recruit@howell-jones.com
163 Millbrook Road, Southampton 12/02/1954 DOD
NO AGENCIES PLEASE
DOD
and wife Marcia Williams 20/12/1967-
Both believed to have made their Wills at FG Warne & Co. who no longer practice
Family Lawyer Vacancy The firm has a Family vacancy for an experienced, enthusiastic and well organised solicitor, whose priorities are exceptional client care, to work as part of a team, advising clients on a wide range of family law matters. The Family team provide advice in; Divorce, Nullity, Civil Partnerships, Separation, Cohabitation Property Disputes, Pre-nuptial and pre-cohabitation agreements, Change of Name Deeds, Division of assets upon relationship breakdown, Financial provision for children and their carers, Protection from Violence in the form of Occupation Orders and Non-molestation Injunction orders, Residence of children including contact for children with their parents and extended family members, Child Abduction both in this country and internationally, Adoption, Care proceedings, Child Protection and Social Services issues and Parental Responsibility and are looking to recruit a Family Solicitor to join their busy and expanding team to deal with family law matters to include divorce, civil partnership, separation, cohabitee issues, family finance and child arrangement orders. The successful candidate will be a FMC Accredited mediator (desired) and Collaborative Lawyer (not essential). You will be responsible for complex high net worth work, financial applications for married and unmarried families, divorce procedures, private children applications, pre-nuptial contracts, child abduction, collaborative law and change of name. You will play an active part in the marketing of the department and assist with building strong client relations at all times. For more information, please contact jobs@coles-miller.co.uk Closing date is 9th June
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MISSING DOCUMENTSPower of Attorney and Will Mr Colin ~William Hogg and Mrs Vera Rose Hogg 9 Orwell Road, Petersfield GU31 4LQ Both made 2005
Locum available for Family/ Matrimonial Work: Miss Vivien Manfield, Solicitor, admitted 1981, Resolution Accredited Family Specialist January 2006 – January 2011, based in Winchester, has been doing locum assignments since 1993 and is available for full or part time assignments. Tel : 01962 853930 or email vivienmanfield@yahoo.co.uk for more information and c.v.
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