The Official Journal of THE HAMPSHIRE LAW SOCIETY
Chris Packham BBC Presenter and Naturalist Guest Speaker at This Years Annual Dinner Dance
Inside this issue:
HAMPSHIRE LAW SOCIETY
■ Conveyancing ■ Legacies ■ Anti-Money Laundering ■ Financial
No Quilll | No Gro owth w NEW | FA AST | RELIABLE | ANYWHERE E Accounts Documents s Time Reports Integr g ated
0161 236 2910 firstname.lastname@example.org quill.co.uk/growth
PUBLISHER Benham Publishing Aintree Building, Aintree Way, Aintree Business Park, Liverpool L9 5AQ Tel: 0151 236 4141 Fax: 0151 236 0440 email: email@example.com web: www.benhampublishing.com
ADVERTISING AND FEATURES EDITOR Anna Woodhams
GRAPHIC DESIGNER John Barry ACCOUNTS Joanne Casey MEDIA NO. 1581 PUBLISHED FEBRUARY 2018 © 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.
COVER INFORMATION Chris Packham, BBC Presenter, Guest Speaker at the 2018 Annual Dinner & Awards CREDIT - DF Management.
COPY DEADLINES Summer Autumn Winter
18th April 2018 18th July 2018 18th October 2018
Members wishing to submit material please contact the Editor, Alison Plenderleith, before copy deadline. Email: firstname.lastname@example.org Anyone else wishing to advertise or submit editorial for publication in Hampshire Legal please contact Anna Woodhams before copy deadline. Email: email@example.com Tel: 0151 236 4141
4 5 6 15 16 18 20 22 24
CONTACTS INTRODUCTION HAPPENINGS IN HAMPSHIRE MEMBERSHIPS SOCIAL EVENTS TRAINING JUNIOR LAWYERS DIVISION ARTICLES TECHNOLOGY
25 26 29 30 31 32 34 37 38
FORENSICS CONVEYANCING SOFTWARE GDPR INVESTMENT FREE WILLS MONTH WILLS & PROBATE TRAINING NOTICES
Hampshire Law Society is focussing on improving its presence on Social Media Please follow us on Twitter @hampshirelawsoc And LinkedIn https://www.linkedin.com/company/hampshire-incorporated-law-society/
HAMPSHIRE LAW SOCIETY CONTACTS The following is an up-to-date list of committee membersâ€™ names and addresses and the sub committees to which they belong: PRESIDENT
LAW SOCIETY COUNCIL MEMBERS
Miss K Colmer (Kristina)
Razi Shah (North Hampshire)
VICE PRESIDENT Mr J. Robertson (Joe) Jasper Vincent 44 Queensway Southampton SO14 3GT DX 2005 Southampton Tel: 02380 633225 Email: firstname.lastname@example.org
DEPUTY VICE PRESIDENT Mr J. Gleisner (James) Trethowans Botleigh Grange Business Park Hedge End Southampton SO30 2AF DX 154120 Southampton 48 Tel: 02380 820465 Email: email@example.com
HONORARY SECRETARY Mr R. Hursthouse (Rod) 10 Hudson Close, Liphook Hampshire GU30 7UW Tel: 01428 723488 Email: firstname.lastname@example.org
HONORARY TREASURER Mr I. Robinson (Ian) Churchers Solicitors 13-18 Kings Terrace, Portsmouth PO5 3AL DX 2205 Portsmouth Tel: 0239 288 2001 Fax: 0239 286 2831 Email:email@example.com
IMMEDIATE PAST PRESIDENT
Appleby Shaw Trinity House 15a Trinity Place Windsor SL4 3AS DX 3830 Windsor Tel: 01753 860606 Fax: 01753 860620 Email: firstname.lastname@example.org 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: email@example.com
ADMINISTRATOR Nicola Jennings 92 Chessel Crescent Bitterne Southampton SO19 4BS DX 52766 Bitterne Tel: 023 8044 7022 Fax: 023 8044 7022 Email: firstname.lastname@example.org
BUSINESS DEVELOPMENT OFFICER
Resolve UK Summerlands House Botley Road, Curdridge Southampton SO32 2DS Tel: 01489 797073
Lanchet Cottage, Stuckton, Fordingbridge SP6 2HF Tel: 07429 523183 Email: email@example.com
Hampshire Law Society is focussing on improving its presence on Social Media Please follow us on Twitter @hampshirelawsoc And LinkedIn https://www.linkedin.com/company/hampshire-incorporated-law-society/
COMMITTEE MEMBERS AND SUB COMMITTEES COMPLAINTS
Joe Robertson firstname.lastname@example.org
EDUCATION & TRAINING
Anthony Harris (Chair) email@example.com Kristina Colmer Alison Plenderleith Katharine West Nicola Jennings Joe Robertson Milly Bygrave Moore Blatch (Co-opted)
LITIGATION & DISPUTES RESOLUTION
Russell Evans (Chair) firstname.lastname@example.org Wendy Hewstone (Co-opted) Steven Wood (Co-opted)
Roderick Hursthouse Alison Plenderleith Deglan Rowe
Matthew Robbins Simon Whipple Nick Gurney Champion
Joe Robertson (Chair) email@example.com Simon Whipple James Gleisner
Mo Aldridge (Chair) firstname.lastname@example.org Katharine West Kristina Colmer Alison Plenderleith Nicola Jennings
Adrienne Edgerley Harris (Chair) Adrienneedgerleyharris@gmail.com Roderick Hursthouse Ian Robinson
Kristina Colmer (Chair) email@example.com Sarah Hallett Mo Aldridge Alison Plenderleith
STUDENT UNIVERSITY LIASION Russell Evans Russell.firstname.lastname@example.org
PRESIDENT’S REVIEW SPRING 2018 Hampshire Law Society – New President
Kristina Colmer I was born in Portsmouth much to my father’s dismay as he is a very big Saints fan. I have subsequently lived most of my life in Hampshire apart from some time in Bristol to complete my legal practice course and to Gerrard’s Cross for a few years afterwards where I worked a high street law firm. I am currently living in Andover with my partner, my step daughter, my dog, cat and a number of fish! Law was not my first choice. In fact, I had originally been accepted to study Religious Studies, but at the last minute changed to Law. I studied at Southampton Solent - it was the Institute then. My training contract was with a Criminal Practice in Portsmouth. After completing this I started practising family law. I am however currently working as a project manager in telecoms, managing a project called ESN (short for Emergence Services Network). This is where locations for telephone masts are being acquired across the UK for the Emergence Services Network, hence ESN. The Government has pledged to have emergency coverage across the whole of the Country by 2020. This is not an easy task as some of the locations are very remote, and not everyone likes the idea of a telephone mast being erected in their village - even if it is for the emergency service! As an example there was an island where five people opposed the mast not usually a problem unless those 5 people make up over three quarters of the population.
There is, a legal side to this job. After the various locations have been identified, the company needs legally acquire the site. This can also be somewhat tricky, especially on land with shared access, or land that also involves dealing with tenants and crofters. I love to travel, and explore new places. I also love sports, and am a season ticket holder at Southampton Football Club where i regularly attends football matches with my father. I have held a season ticket since 2004, travelling down to league one and back again. This season is a little tense so far! I have been a member of HILS for a few years and very much enjoy being a part of the committee. We have seen plenty of change over the past few years and I am really looking forward to seeing what the next year brings. My focus will be very much on “Hampshire” as illustrated with the theme of the annual dinner. I am also keen to explore the national “Women in Law” initiative, maximise the benefits of the awards and would encourage you to take part and improve our social media presence. Please do not hesitate to contact me with any queries or issues you would like me to tackle during my tenure.
Kristina Colmer Hampshire Law Society President
An interview with the President of Hampshire Law Society
Kristina Colmer What prompted you to enter the law as a profession?
What are you most looking forward to in your role of President?
I actually did a Health and Social care course at college and it was whilst doing this that my interest in law started. During the course we undertook a law module and we visited the Magistrates Court to see a trial. From that point I wanted to work in the Courts.
Meeting lots of people from Hampshire and beyond.
What person (if any) inspired you to become a solicitor? It was not really an inspirational person but a comment from one person which made me sit up and really persue Law. I have dyslexia and when I told this person I wanted to study Law at university he said maybe I should think about something easier. That just made me all the more determined to succeed.
What prompted you to become President? I really hope that I can make a difference as President and continue the great work of the past Presidents. I am younger than some of the previous incumbents and hope I can provide something a little different including increasing our Social Media presence
What is the one main issue you want to tackle during your tenure? Social Media. I know it sound simple but everything happens on social media at the moment and I would like HILS to also be a part of this. To this end I would ask you all to follow us both on linkedIn and twitter.
Which public figure do you most admire and why? This is very difficult because there is no one person I admire most. I admire so many for different things for example Sir David Attenborough for the sheer wealth of entertainment and knowledge he had brought into so many lives or Chris Packham who is our annual dinner speaker this year
What do you like to do in your spare time? I love traveling and see new places. My absolute favorite place is Italy and a very close second is New Zealand. At the risk of upsetting our Portsmouth members, I am a very big Southampton FC (Saints) fan, I am a season ticket holder and have been for over ten years – this means I have travelled to League 1 and back again with the Saints Films I love films and the cinema (and not just for the popcorn). I am always scanning the new films coming up and planning my next trip.
What book did you last read? A Thousand Splendid Suns by Khaled Hosseini and I loved it. What is your favourite film?
Redemption, North by North West, The Holiday, Sleepers, One Flew over the Cockoos Nest……
What three items would you have on your desert island? Lip Balm, Tea (English breakfast) and flint to start fires. What would you say to a youngster today, who was considering joining the legal profession? It can be very rewarding however do not believe it is like Suits!
There is no way I can pick just one file I struggle with a top 10! You will find in my top ten, Lord of the Rings (all of them), Stand by Me, Shawshank
Happenings in Hampshire
LAW SOCIETY COUNCIL MEETING SUMMARY: FEBRUARY 2018 Changes to governance for 2018 Having in December passed amendments to the General Regulations giving effect to the agreed new governance structure, Council in February agreed further General Regulation amendments to bring an end to the existing four Law Society Boards. A further consolidation of changes is planned for March 2018. Council also approved the appointment of the four external members of the Board: Penelope Warne and Vickie Lockie (solicitors), and Bill Butler and Judy Craske (lay members). The Board’s first meeting will be on 20 February. This programme of change marks the Society’s determination to organise its governance in a way that is as effective and efficient as possible. A further aspect of this is the planned Council strategic planning weekend in April, to enable Council to discuss the Society’s strategy ahead of the budgeting process and the new Presidential year. Council also approved the change in status of the Technology and Law Reference Group which would now be designated as a full ‘Committee’ recognising the increasing importance of its remit. Lobbying on Brexit The Society’s ongoing work on Brexit was reported to Council. This included regular meetings with ministers and officials, the submission of written evidence to two of the key select committees, and a number of one-to-one meetings with relevant backbench MPs. The Society was also briefing MPs and peers on three key bills including the EU (Withdrawal) Bill, and was closely involved in the work of the Brexit Law Committee and the Professional Business Services Council’s Mutual Market Access Group. Rule of law Council noted that the Society had been represented at the International Council has recently, at each meeting, been having a general debate around an important issue. This time, Council discussed the Law Society’s work on the rule of law internationally, which involves ensuring the governments exercise their authority in line with a legal framework that assure individual freedoms and is based on clear objective laws and a diverse, competent and independent legal profession. This includes a number of programmes, including lawyers at risk, business and human rights, professional capacity-building, women and the law, and governance (anti-corruption). In discussion, Council members re-affirmed their commitment to this vital area of work as a striking example of the Society bringing together the expertise of our members and standing in solidarity with lawyers across the world.
Legal aid Council heard about the Society’s campaign calling for the reintroduction of legal aid for early advice, which has attracted substantial media coverage as well as support from all parties, including a commitment from the Labour front bench to re-introduce legal aid for early advice in family law cases as a direct result of the Society’s campaign. The Society had also been working closely with the Ministry of Justice to broaden the range of evidence that can be used in domestic abuse cases and ensure that victims of abuse can access legal aid. Wales It was reported that the Law Society had been referenced in two evidence sessions of the National Assembly Finance Committee on the progress of devolution of fiscal powers, with praise from the Wales Audit Office for the quality of engagement between the Welsh Government and the Law Society. International engagement Council noted that the Society had been represented at the World Trade Organisation ministerial conference in Buenos Aires as part of an International Bar Association delegation on international trade in legal services, and that a number of meetings and briefings had taken place with officials from governments of several key countries. We had also been represented at the Opening of the Legal Year in Hong Kong, and at the first UK Ministry of Justice international legal services working group meeting of 2018, following which we met with Ministry of Justice officials to discuss the Society’s campaign to promote the law of England and Wales as an international jurisdiction of choice for dispute resolution. Regulation Council had the opportunity to note and discuss the Society’s response to the Legal Services Board’s consultation on the Internal Governance Rules, which focused on the need for greater clarity so as to help approved regulators and front-line regulators carry out their respective duties effectively and make it easier for the public to understand what they do. Council also noted the Society’s response to an SRA consultation on price and service transparency, which included consumer research which suggested that simply making more information available was unlikely to improve client choice. On the consultation on the SRA’s handbook reform, Council was pleased to note that the Society was maintaining its position that flexibility for practitioners should not come at the expense of clients.
Oligopoly public sector procurement to be eradicated, new government SME contract welcomed by lawyers One of the UK's leading law firms that serves SMEs, Moore Blatch, believes that the new SME focused government procurement contract could eradicate many of the virtual oligopolies that exist in current public-sector tendering. This is particularly evident in the IT and telecoms sector, where many innovative providers have a major impact on private sector business, both with improvements and cost reductions, but there penetration into the public sector is minimal. The lawyers advise that currently many SMEs are effectively barred from tendering for contracts, worth up to £12 million, due to not having in-house legal resources to support a tender plus costs of employing external lawyers. The new SME focused Crown Commercial Service contract has reduced the core terms across multiple public sector contracts, from 50,000 words to a single 20 page 'slimline' public sector contract.
Peter Jeffery, partner, Moore Blatch, comments, "We have previously seen clients spend hundreds of thousands of pounds with us, and many millions of pounds tendering for contracts which were ultimately not ever awarded. So, while not technically barred from tendering for public sector contracts, many medium sized SMEs are effectively barred, due to resources and costs associated with the process. As a result, a virtual oligopoly exists for many services. Plainly wherever this is the case best value is not necessarily always achieved. “This new contract is both flexible and customisable and should make it much easier for SMEs to apply. While external legal support is likely to still be necessary, this should open up the market for many of our clients."
Happenings in Hampshire
Paris Smith announces The Murray Parish Trust and Southampton General Hospital Trauma Centre as its 200 Year Charity Partners for 2018. Nick Vaughan, Senior Partner at Paris Smith LLP said: “As we start our 200th year of operation, support for our local community is a key part of our celebrations as a firm for 2018. The work which The Murray Parish Trust and the Southampton General Hospital Trauma Centre has done and continues to do, really struck a chord with our staff and subsequently they were the most popular choices for us to proceed with benefitting. The Murray Parish Trust was created by Sarah Parish and James Murray in 2014 in memory of their daughter Ella Jayne who lost her life following congenital heart failure in 2009. To date, the Trust has raised nearly £400,000 for the Paediatric Intensive Care Unit at Southampton General Hospital and is currently half way to raising £2 million, to create a state of the art, children’s emergency and trauma department at the hospital which in 2016 was awarded match funding by the government. In addition to The Murray Parish Trust, Paris Smith has chosen Southampton General Hospital Trauma Centre as a charity partner for
• Nick Vaughan with Sarah Parish 2018. Providing quality specialist trauma care and rehabilitation, the centre is one of only two places in the south of England to offer adults and children full onsite major trauma care provision. Sarah Parish, co-founder of The Murray Parish Trust said; "We are delighted to have been chosen in partnership with Southampton Hospital Charity as charity of the year by our very dear friends at Paris Smith. They have been a huge support to us since we started The Murray Parish Trust and continue to be so. On their 200th year we are especially honoured to have been chosen by them and hope this year is fruitful, happy and prosperous, to help us get to our target of two million. We are half way there, and Paris Smith will help us get the other half."
Stowe Family Law hosted an entertaining evening with famous art forger John Myatt at the Canvas Gallery in Winchester. Mr Myatt became well-known when the “biggest art fraud of the 20thCentury” led to his arrest by Scotland Yard in 1995. Although he was sentenced to 12 months in prison, he served just four thanks to his cooperation during the investigation and his good behaviour following his arrest. Following his release, the artist put his impressive talents to better use and began painting on the right side of the law. He has since a sterling reputation for his ‘genuine fakes’. He has sold his work all over the world and has even painted portraits for celebrities like Frank Skinner and Catherine Tate. Art brings people together so this was the perfect opportunity for a networking and fundraising event. After Mr Myatt’s talk, our Winchester team enjoyed the opportunity to chat with local business people, including accountants, IFAs, estate agents and other professionals.
Senior Solicitor Jennifer Willamson was delighted with how the event turned out. She said: “This was an amazing event, made possible by the hard work of the Stowe team, Canvas Gallery and John Myatt. It was a pleasure to raise Stowe’s profile in Winchester by bringing together local connections and many of the gallery’s clients, as well as raising over £300 for the local Winchester Goalball team.” Goalball is a sport played by blind and visually impaired people.
Moore Blatch boosts Family Law team Southampton based law firm Moore Blatch has appointed Sarah French as Associate. This follows the appointment of Victoria Walker as Partner. Sarah will be based in Southampton, and Victoria in Moore Blatch’s Richmond office. Joining Moore Blatch from Blake Morgan, Sarah French specialises in family law and also as a family mediator and collaborative lawyer with specific expertise in financial claims between spouses and unmarried partners as well dealing with disputes that involve children. Additionally, Sarah is highly experienced in drafting and reviewing Pre-Nuptial and PostNuptial Agreements. Sarah is also Chair of the Solent Collaborative Pod and is a member of Hampshire Family Legal Solutions. Sarah’s expertise in Family Law led her to write and teach the family law module at Winchester University where she still returns as a guest lecturer.
Debra Emery from Moore Blatch: “It is fantastic to have someone with such wide-ranging skills and experience, plus in depth understanding of family disputes join us.” Sarah French continued: “I’m looking forward to joining a team that has gained the highest recognition by Legal 500 for their ‘top drawer’ practice as well as their collaborative approach in seeking solutions for what can be extremely difficult situations for clients.” In addition, Victoria Walker has joined Moore Blatch from Downs Solicitors LLP as Partner specialising in Family Law.
Happenings in Hampshire
Warner Goodman named Company of the Year! Hampshire law firm Warner Goodman are delighted to have been named as Company of the Year in the Hampshire Venus Awards. The firm, with three offices in Southampton, Portsmouth and Fareham, were awarded the title at the ceremony on Saturday 11th November. Venus Awards Company of the Year The Company of the Year category was sponsored this year by professional IT service provider, Silver Lining, who recognised the investment in technology Warner Goodman has made to allow women the flexibility to work and grow their careers through training and promotion opportunities. Marketing Manager Karen Clarkson, who accepted the award on behalf of the firm, commented, “While we were collating the information for our award entry, we were so pleased to see the success women have had in our business; over two thirds of our employees are women, four out of six of our Business Heads are women, 20 out of 24 Associates are women, and there are many more examples. While the awards celebrate women in business, as a firm we truly believe in equality for all, ensuring our opportunities for development are available to all our employees and that their potential is recognised and nurtured. This has
become a natural part of Warner Goodman so be rewarded for that is a proud moment.” The Venus Awards were created by Tara Howard in 2009 to celebrate women in business across all industries and job roles. As well as Company of the Year, categories included Musical Talent, Executive PA of the Year, Business Mother of the Year, Inspirational Woman of the Year, New Business, Influential Woman of the Year and Lifetime Achievement Award. Karen concludes, “We’d like to pass on our congratulations to all the finalists and winners of this year’s Venus Awards, with particular thanks to Silver Lining for choosing us as Company of the Year. There were some truly inspirational stories of women across Hampshire at the awards, from both the finalists and winners, and we are so proud to now be part of that community.”
Thames Water Property Searches Residential CPD: Register today to attend Thames Water Property Searches are hosting a free Residential CPD on Tuesday 24 April at the Strand Palace Hotel, London. The full day (9am until 4pm) seminar incorporates a range of topics from industry leading organisations and speakers including: • Danielle Orosa, Groundsure - The digital age, future proofing data and a live demonstration of Avista, the environmental search report that's moving searches forward • Alex Barr, Third Bounce - Pricing transparency. The difference between price and value, and winning new work • Emma Tait and Victoria Willoughby, Thames Water - A closer look at the CON29DW, build over requirements, retrospective build overs, and identifying unmapped drains and sewers • Clare Fanner - How to influence positioning • Hannah Mackinlay - Afternoon workshop session focusing on contaminated land, previous land use, fracking and wind turbines, easements, reservations,
highways, and what's coming in 2018. Register today to secure your place. We have opened the CPD to two fee earners per firm. Our 2018 CPD event dates are: Thursday 21 June 2018 – Commercial CPD Wednesday 19 September 2018 – Residential CPD Thursday 15 November 2018 – Commercial CPD Get in touch by calling us on 0845 070 9148 or emailing email@example.com to register and secure your place.
Thames Water Property Searches
Happenings in Hampshire
High Profile Appointment at Verisona Law Verisona Law is delighted to announce the appointment of professional services marketing specialist, Kirsty Hughes, as the firm’s new Marketing Manager. Having worked in the legal sector for over a decade, Kirsty Hughes arrives at Verisona Law with a wealth of experience in marketing professional services. Kirsty began her career working for the insolvency department of one of ‘The Big Four’ accountancy firms, KPMG, where part of her role was to organise the events and activities in London to support business development. After three years, she joined Coffin Mew Solicitors, initially as a legal secretary in corporate and insolvency, but her potential was soon recognised by the firm’s HR, compliance and marketing teams who all asked her to get involved in a variety of projects. ‘Working in different areas gave me an understanding of the business as a whole and the chance to see all that goes into a successful organisation,’ says Kirsty. ‘I was really pleased to be given new opportunities and proud when I rose to each fresh challenge.’
In January 2013, Kirsty took her first full-time role in the marketing team as a Marketing Executive and began her studies with the Chartered Institute of Marketing. Three years later, she was promoted within the team to Marketing Manager and developed a passion for digital marketing including the use of websites, social media and email communication. Now she joins Verisona Law to lead and develop the firm’s marketing activities. ‘This is a fantastic opportunity for me to create, direct and implement strategies, campaigns and events that will raise the firm’s profile and support its growth. Verisona Law has awardwinning services and hugely talented individuals for me to work with and I cannot wait to get started.’ ‘To have someone of Kirsty’s background and experience join us is a really exciting moment for the firm,’ says Sue Ball, Managing Director of Verisona Law. ‘She understands the legal profession, knows the local area and has the expertise that will ensure the firm continues to thrive.’
Dutton Gregory growth plans continue Dutton Gregory, solicitors, who has offices in Hampshire and Dorset continued with its growth plans in Bournemouth by announcing a merger with Turners solicitors, which takes effect from the end of March 2018.
Regional heavyweight, Dutton Gregory, prides itself on being a full service law firm and the addition of Turners will add strength to existing teams and double the size of the firm’s corporate and commercial offering to its business clients. Andrew Tilley, Managing Partner of Dutton Gregory said “We’re delighted to have found such a great fit for growth with the Partners and staff at Turners. Whenever we look at any possible merger or acquisition we look at the potential to create and add value for our clients – something I know we will achieve with our merger with Turners.”
clients. In a changing legal market, we have not always been able to offer all of the services to those clients we would have wanted. By joining with Dutton Gregory, not only will our clients receive continuity of service, but a combined strength in the quality and diversity of services we can now offer.” Dutton Gregory’s continued growth isn’t just confined to its Dorset offices and many of its existing teams in Chandler’s Ford, Hampshire have seen their numbers swell over the last 6 months. The firm really is going from strength to strength and 2018 is shaping up to be a very exciting year!
Mike Shutler, Managing Partner of Turners added “For many years at Turners we have built strong professional relationships with our
Happenings in Hampshire
Lamb Brooks welcome new Head of Employment Leading Basingstoke law firm, Lamb Brooks, is delighted to welcome a new head to their Employment Department. involves advising on the full spectrum of employment issues, including compliance, day-to-day HR issues, delivering onsite training, corporate support, through to negotiating exits, advising on settlement agreements and undertaking employment tribunal litigation. Commenting on her new position Karen said: “I am delighted to be working at one of the longest established law firms in Basingstoke and look forward to working with clients and driving the Employment team ahead in 2018”.
Karen Bristow joins the firm this New Year to strengthen the Employment Law offering. Karen brings a wealth of experience in supporting local businesses and employees looking for practical and pro-active employment law advice.
Managing Partner, Andrew Lowe commented: “We are committed to attracting and developing top talent across the firm, the addition of Karen to our team further strengthens our ability to service clients to the highest possible standards”
With over 13 years’ of specilaised employment law experience, having previously trained with a large Regional firm and worked at another Basingstoke based practice, Karen is adept at providing high quality employment support to businesses of all sizes ranging from small local companies to global companies, as well as individuals. Karen’s practice
Paris Smith LLP expands marketing team as it celebrates its 200th year Paris Smith LLP has announced the growth of its marketing department ahead of its 200th year birthday celebrations. Sophie Warren will be based at the Southampton office as a marketing executive. Sophie, a history graduate from University of Southampton, has previously worked as an events coordinator for Hampshire's official conference bureau, where she managed various events including conferences, gala dinners and exhibitions. As the firm begins its 200th year, Sophie will be heavily involved in the events and marketing plans for the celebrations,
including a client event, staff party and various other exciting projects to celebrate the landmark year. She will also be managing and developing the Paris Smith Training Arm. Helen Freeston, Marketing Director at Paris Smith, said: "Marketing is such an important key element of our business and we are delighted to
welcome Sophie to our marketing team. She brings with her expertise in areas that enable us to expand and grow our marketing offering to the firm. Paris Smith will see 2018 as its busiest year to date for the team, and we are delighted that Sophie has joined at such an exciting time."
BISCOES SOLICITORS COMPLETES MERGERS WITH TWO LOCAL FIRMS Leading law firm Biscoes Solicitors is delighted to announce that it has completed its planned mergers with two local practices today 1st February 2018 The merger partners are Gurney-Champion Solicitors, a small, familyowned firm that has served private and commercial clients in Southsea for more than 70 years; and Heyes Samuel Solicitors, a boutique firm established in 1995 in Ryde on the Isle of Wight, specialising in personal injury and clinical negligence claims, and family and children law cases. Biscoes Solicitors is one of the region’s leading law firms. As well as its headquarters in Portsmouth, Biscoes has offices in Gosport, Petersfield, Portchester, Waterlooville and Wickham. The merger gives business clients, individual clients and members of the Armed Forces community access to a complete range of legal services across a wider geographical area. This double merger marks another important strategic development for Biscoes Solicitors. In 2016, it successfully merged with Fareham-based commercial law firm Graeme Quar & Co to provide specialist legal services for business clients.
“We’re delighted to have our colleagues from Gurney-Champion and Heyes Samuel as part of the Biscoes team,” says Managing Director, Alison Lee. “As well as bringing fresh talent and new expertise into our organisation, these mergers allow us to work with businesses and individuals in Southsea and on the Isle of Wight, who may have previously been outside our network of local offices. This move will bring real benefits to existing clients of all three firms. We are especially pleased to have as part of the Biscoes offering, an office in Ryde, Isle of Wight that will be staffed by people who live on and love the Island, where we can now offer a greater range of legal services, including Immigration and fertility law advice, to Island inhabitants than they had been able to easily access in the past from the existing Island firms.”
Happenings in Hampshire
Second Year in Chambers for Insolvency Specialists
After making its debut in the listings of one of the legal profession’s most prestigious industry guides in 2016, the award-winning insolvency team at Verisona Law has been recognised again for a busy and prosperous twelve months with inclusion in this year’s edition. The Insolvency & Business Turnaround Team at Verisona Law was delighted to be included in the Chambers Guide for a second year. Cited for its work in contentious insolvency and ‘notable experience in personal insolvency, directors' disqualification and matters involving fraud’, the team has been applauded for its achievements on behalf of individuals, corporate groups and its work for insolvency practitioners. This comes in addition to the team’s recent recognition in the Legal 500, having gone from strength to strength by being placed in the guide’s Band 2 for insolvency in the South East. Chambers guide, which offers in-depth analysis of the legal market across throughout the UK and compares firms within regions, noted the team’s exceptional feedback and testimonials from clients including Investec Bank, RSM and BDO. One market source highlighted the team’s ‘ability to analyse a situation very quickly and to decide either on a cost-effective way forward, or to provide straight, prompt and pragmatic advice if a matter has low merits’, while another said ‘they have great knowledge and give sound advice.’ ‘To have maintained our position as one of the top firms in the south for
the work we do is both satisfying and invigorating,’ says Director Nick Oliver who leads a team of five qualified lawyers and support staff. ‘We have had a busy year with some high profile cases and big wins, but this doesn’t come without a tremendous amount of hard work and dedication to client service from every member of the team.’ Nick, himself, has retained his personal ranking in the guide, being described as ‘providing innovative solutions to complex issues’, and referred to by one client as ‘one of the most technically adept insolvency practitioners I have ever worked with’. His father, David Oliver, who is a consultant at Verisona Law also remains listed the region’s sole ‘Senior Statesman’ in the insolvency profession for his ‘unsurpassed knowledge and vast experience of insolvency matters.’ ‘The Insolvency and Business Turnaround Team has continued to develop a formidable national reputation over the last 12 months,’ says Chairman and Head of Business Law at Verisona Law, Michael Dyer. ‘We hope that they are as proud of themselves as we are of their contribution to the firm.’
Churchers Solicitors kicks off new year with staff promotions
A hat-trick of promotions at leading south coast law firm Churchers Solicitors has created two new partners and a new associate.
The firm, which has six offices across Hampshire, has promoted Lauren McIntosh, Faye Evans and Sarah Coates as it continues to grow in the region. Lauren is promoted to Partner in the Private Client team at the Fareham office. She joined the firm in 2010 as a trainee solicitor and qualified in 2012. She specialises in wills, Lasting Powers of Attorney, Court of Protection and estate administration. As a member of the Society of Trust and Estate Practioners and Solicitors for Elderly, Lauren has been highly engaged in the firm’s work in advising vulnerable elderly clients. Faye has also been promoted to Partner in the Private Client team at the Portsmouth office. Faye qualified as a solicitor in 2013 and specialises in the creation and administration of trusts and advises trustees on the legal requirements of their role, in addition to preparing wills and Lasting Powers of Attorney. Faye has an active role in the local community giving seminars to groups and talks to students who are interested in a career in law, working closely with the University of Portsmouth. She is also a member of the Society of Trust and Estate Practioners and Solicitors for Elderly. Sarah has been promoted to Associate in the Children team at the Cosham office. She qualified as a solicitor in 2006 and joined Churchers in 2008. She specialises in representing parents and children in care proceedings brought by the Local Authority. Sarah is a member of the Law Society's Children Law Accreditation Scheme, and juggles her fulltime job and heavy workload with being a busy mother.
Churchers Managing Partner, Ian Robinson, said: “We were delighted to offer Lauren, Faye and Sarah promotions this year, and we are looking forward to seeing them flourish in their new roles. All three team members have shown exceptional qualities and determination in promoting their areas of expertise and supporting colleagues. We are proud and excited to have these women play an even greater role in continuing to help grow and develop the firm into 2018”. Last year was a hugely positive and exciting year for Churchers, which rebranded, won Hampshire Law Society’s top Law Firm of the Year for the second time in two years, and expanded its team with the addition of new solicitors and trainee solicitors.
Happenings in Hampshire
Royal appointment for Churchers Solicitors
Lawyers from south coast firm Churchers Solicitors met the Princess Royal at a reception marking another successful fundraising campaign for the Royal Navy and Royal Marines Charity.
Managing Partner Ian Robinson, alongside Associate Lauren McIntosh and Partner John Cregan joined supporters of the charity at the reception at Trinity House in London. The Churchers Solicitors team raised more than £5,000 out of the almost £7,000 total for the charity by waiving fees for the creation of standard wills during Make A Will fortnight in May and June. Clients were asked to make a donation to the charity instead.
incredibly worthwhile. As a firm, we offer discounts to military personnel and we were very pleased to support them further with this scheme.”
She added: “We are extremely pleased to have been able to fundraise so successfully for this valuable cause while helping give individuals the peace of mind that their affairs have been arranged.” The reception at Trinity House celebrated the charity and those that have supported it over the past ten years. The Princess Royal attended the event, where she spoke in support of the RNRMC, and met and spoke with the charity’s supporters.
Alongside two other firms, Churchers Solicitors helped generate 60 appointments and 51 donations from individuals and couples, raising an overall total of almost £7,000 for the charity which helps support sailors, marines, and their families.
The Churchers team will be taking part in next year’s Make a Will Fortnight, which takes place from 12 - 25 February 2018.
Lauren, said: “Being a community-based firm in an area where the military plays such an important role, this is a cause which we view as
Paris Smith Expand Their Employment Team and Endorse Flexible Working Arrangements The employment team at Paris Smith LLP has grown with the addition of two new solicitors. Tabytha Cunningham and Charlotte Farrell joined the firm from 1 November 2017 as Associates from another South Coast law firm, Coffin Mew LLP. Tabytha qualified as a solicitor in 2009 and has particular experience advising employers in the care and public sectors. Charlotte qualified as a solicitor in 2012 and has particular experience in the education and charity sectors. Tabytha and Charlotte bring with them a wealth of experience in advising local and national businesses on all aspects of employment law and assisting clients to find practical solutions to their HR issues. The firm is pleased to have welcomed and maintained Charlotte and Tabytha's previous job share arrangement, enabling them both to work part-time to meet their family commitments, whilst providing constant
L-R Tabytha Cunningham and Charlotte Farrell Associate Solicitors in the Employment Team, Paris Smith LLP
cover to clients. Charlotte is available to clients Monday to Wednesday and Tabytha is available Wednesday to Friday. Previous clients have acknowledged their seamless working arrangements, allowing the firm to provide the combined experience of two solicitors for the price of one. Clive Dobbin, Partner and Head of the Employment team said: "We are committed both to attracting as well as developing talent across the firm. It is an integral part of our culture and values. The addition of Tabytha and Charlotte, two bright lawyers to our highly regarded employment team strengthens our ability to enable our clients to achieve success through positive engagement with legal excellence."
Happenings in Hampshire
Verisona Law Wins National Football Business Award
Portsmouth legal firm, Verisona Law, has been singled out as one of the best professional service organisations serving UK football clubs.
The Team behind Verisona Law’s FC Business Award (from left to right): Jane Brown, Team Assistant, Grant Usher, Associate, Michael Dyer, Chairman and Head of Sports Law, Stephen Ryde-Weller, Associate Director and Head of Corporate and Commercial, and Sue Ball, Managing Director and Head of Employment.
During the sixth annual Football Business Awards, which recognises the work of companies dedicated to supporting clubs and the game itself, Verisona Law scooped the Bronze Award for ‘Best Professional Service Business Serving Football’. The team, which attended the ceremony at Tobacco Dock in the centre of London, were delighted to have been handed the award in recognition of its work for football clubs, a sector specialism for the firm. ‘To have been given an award for our work and be in the company of national accountants Smith & Williamson and international firm, Pinsent
Masons is quite overwhelming,’ says Michael Dyer, Chairman and Head of Business at Verisona Law. ‘This award represents teamwork; internally here at Verisona Law, and with the clubs where we work with officials and other companies for the good of those we represent. ‘We have in some instances rewritten rules, made history and are proud to be involved in the administration of clubs and the evolution of football. The most important thing for the game is that it adapts and moves forward and I know I speak for the whole team at Verisona Law when I say how proud we are to be part of it.’
Michelin’s acquisition of Tructyre Fleet Management advised by Moore Blatch Tructyre Fleet Management, the well known truck tyre supplier and service provider with 26 service centres across the UK, has been acquired by the Michelin Group.
Legal advice to founding director and shareholder, Glenn Sherwood, was provided by Moore Blatch, which has completed over £500 million of corporate transactions over the last 18 months. Corporate finance advice was provided to Glenn Sherwood by Spectrum Corporate Finance. As part of Tructyre’s business plan, Glenn Sherwood had been looking for a strategic partner to offer strong forward looking, sustainable growth and an exit strategy eventually for him. At the same time, the Michelin Group had been exploring opportunities to invest in a business that could support its drive to increase its presence in the regional commercial business sector. The deal enables the Tructyre service brands to be run and developed as part of a strategic alliance with ATS Euromaster. Glenn Sherwood commented: “This strategic alliance brings together two of the leading multi-brand commercial tyre service companies. Both are as committed as ever to delivering an excellent service to their customers. The Moore Blatch team has built a reputation for handling deals such as this, and their extensive experience made the whole process very straightforward.” Roger Bailey, Partner and Head of Corporate, Moore Blatch, said: “We are delighted to have worked with Glenn and his team on this deal. It was clear from the start that Tructyre and the Michelin Group were a great fit and I and my team at Moore Blatch were delighted to have played such a pivotal role in facilitating what was a smooth and successful outcome.”
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Referral fees: where are we now? David Knapp from law firm Hart Brown, weighs up whether they are a good business model, or a lifeline for those failing to acquire business by merit On the 1st April 2013 the Solicitors Regulation Authority brought into force their banning of referral fees in all personal injury cases. The original announcement made ahead of the 1st April was that “referral fees are to be banned”. The devil is of course in the detail and the great elation of at last having a fair playing field in the residential property market brought on by the banner headline was soon dashed when it became quickly evident that this only related to certain areas of law such as personal injury. Residential conveyancing was excluded from the ban. Sadly what was good for the goose was not so good for the gander. Some years before the announcement, at a time when estate agents were beginning to face price competition as the internet took hold of our lives, estate agents needed to find a new source of income. The era of referral fees was born. In simple terms certain estate agents have linked up with some solicitors and licensed conveyancers on the promise of referring clients to them if the estate agents are paid a fee per transaction referred. I understand that this can be commonly as much as £300.00 per transaction. The agent, in this example, therefore stands to earn £600.00 from that firm if the person referred has a sale and purchase. As the agents do not have the same restrictions as solicitors in acting for either side of a transaction they can also refer the other parties in that transaction and so if they are involved with more than one property in the chain earn a number of referral fees. A good little earner. Experience shows that the lawyers who take up this type of arrangement are often out of the immediate geographical area of the property being sold so cutting previously healthy local ties.
My view on this type of arrangement is that lawyers who need to pay referral fees do so due their inability to obtain business on a meritocracy basis. Other ethical issues also arise such as:1 Who “owns” the client 2 How persuasive are the agents in ensuring that the clients go to the pet solicitor rather than to their normal and chosen solicitor ? One hears anecdotal tales from clients that they are put under huge pressure by the agents. 3 Are the clients advised of the existence of a referral fee when pushed to use the paying lawyer/conveyancer? 4 Some agents have been known to say that they dislike referring their pet lawyers but have to do so under the terms of their contracts I would find it interesting to know how many people buying and selling who use firms who pay referral fees go back to them for their next property sale or purchase after the experience. As an experienced lawyer I am extremely frustrated at the referral fee ban not extending to all areas of law. I am pretty certain that if a poll was taken of all solicitors as to whether referral fees should be outlawed in conveyancing that there would be an overwhelming majority in favour of a ban. Quality and regulation is quite rightly becoming more and more of a requirement for solicitors and so surely it is time to ban referral fee arrangements for all conveyancing matters and, sooner rather than later. Hart Brown : www. http://www.hartbrown.co.uk
HAMPSHIRE LAW SOCIETY – Thank you for your membership We would like to thank you for your membership last year which has now expired This time of year is very busy and the whirlwind of life and business takes over and occasionally renewal of membership slips your mind and membership lapses. It’s not until later in the year that the oversight is noticed with some regret. Would you like to avoid that happening? If yes, then please do not ignore this. Membership in 2017 provided; • 200 new business referrals from the Society • Free editorial in the Society Magazine • Over 1,000 copies of our Magazine, featuring members’ articles, delivered to firms across the County • Free find a solicitor service • Regular enews updates with items of local and national interest • The most successful annual dinner to date • Opportunity to enter the prestigious legal awards • Improved press coverage • An extensive lecture programme with reduced rates for members. (Please see attached lecture schedule). Attending just one session will practically pay for itself.
The plans for 2018 are no less thrilling and include: • A gala dinner and awards ceremony at Hilton Ageas Bowl • A focus on social media with a wish to improve our presence locally to the benefit of both our members and the Society as a whole • A range of varied CPD events to include one day conferences and shorter breakfast and evening and events • More social/networking events including the quiz, cheese and wine and family summer event The find a Solicitor scheme on the website is widely used but as an added benefit to our member firms we are building a database of practices and their specialisms which we can pass on for enquiries received direct from the public. If you wish to be part of this scheme please let us know the specialisms you wish to include and a contact name for each. Annual subscription rates represent excellent value for money particularly if you take out a corporate membership which covers all employees from the same firm without limit for only £800.00
TYPE OF MEMBERSHIP
Ordinary Members (except those not in private practice and non-practising Ordinary members)
Corporate members (which will cover all eligible firm members without limit)
Associate members (except Associate Trainee Members)
Ordinary Members not in private practice and non practising
For details on the different types of membership please visit www.hampshirelawsociety.co.uk .
If you have any further questions please do not hesitate to get in touch with Nicola Jennings, our administrator on 223 8044 7022 or email@example.com
Hampshire Law Society
LEGAL AWARDS 2018
Hampshire Legal Awards 2018 Nominations are now open for the Hampshire Law Society Legal Awards 2018 Firms and individuals from the Hampshire legal sector are invited to nominate their firm, themselves (don’t be shy!) or colleagues in one of four categories (see below for details). So if you work with a talented rising star or an inspirational leader or you consider your firm to be the best to work for then please let us know before 27 April The nominations will be judged by an experienced panel of judges, comprising of leading figures from law, business and academia with the winners being announced on 17 May 2018 at the Annual Dinner and awards ceremony at the Hilton Ageas Bowl,
New this year – great PR opportunity All nominees will receive an acknowledgement and the opportunity for a photograph and short profile of themselves or their firm in the Spring or Summer issues of Hampshire Legal. Entries will be shortlisted if required and all unsuccessful entries will receive a consolation prize For ticket and table prices and more details please see our advert on the opposite page.
JUDGING CRITERIA Solicitor of the Year: More than 5 years PQE
Judges will be looking for • Involvement in interesting, demonstrable evidence of one or challenging or new areas of law more of the following: • Dedication to your clients • Support for the profession which may include non-fee earning work/activities • Contribution to the community including pro bono work
Junior Solicitor of the Year:
• Excellent standards of work • Dedication to the role and profession • Professional development • Contribution to client relationships and business development • Contribution to the community including pro bono work
Law Firm of the Year: a) Large(15 or more partners) b) Small
• Training initiatives and accreditations received/being worked towards (e.g. Conveyancing Quality Scheme) • Growth in reputation • Appreciation and recognition by clients • Dedication to development and welfare of staff • Client initiatives that you feel have set the firm apart from others • Contribution to the legal community • Recognition received from other firms • Contribution to the community including pro bono work
ALL ENTRIES MUST BE COMPLETED ON THE OFFICIAL ENTRY FORM, A MAXIMUM OF 1200 WORDS AND WITHIN THE SPACE ALLOCATED. NO ADDITIONAL TESTIIMONIALS OR INFORMATION IS PERMITTED AND WILL BE DISREGARDED IF SUBMITTED The entry form can be downloaded from the website under the social tab http://www.hampshirelawsociety.co.uk/hampshire-law-society-legal-awards-2018.html
HAMPSHIRE LAW SOCIETY
Hampshire Law Society
LEGAL AWARDS 2018
ANNUAL DINNER AND AWARDS 2018 Thursday 17 May 2018 Hilton Hotel at the Ageas Bowl, Hedge End
Hampshire Law Society warmly invites members and their guests to the 2018 Annual Dinner and Awards, the leading black tie event in the local legal calendar, on Thursday, 17th May. This memorable evening will take place at the prestigious Hilton at the Ageas Bowl. Pre-dinner drinks will be served with the opportunity to do some beer tasting from a local micro brewery and Hampshire food producers. This will be followed by dinner in the Ballroom, a sumptuous 3 course meal prior to the entertainment and presentation of the Legal Awards 2018. Following the dinner, we will award the winners of the 4 categories. Please get your nominations in by the 1 May.
A quality after dinner speaker has been booked. BBC presenter and naturalist Chris Packham. Chris was born in Southampton in 1961 and as soon as he was crawling around suburbia, ladybirds were being desiccated in matchboxes and tadpoles tortured in jam jars. Husbandry skills improved and the menagerie expanded to large collections of reptiles (inside) and birds of prey, foxes, badgers, squirrels etc (generally outside). A precocious young scientist, swot and nerd in training he studied kestrels, shrews and badgers in his teens and as an undergraduate days in the Zoology department of Southampton University. More recently he is better known as a broadcaster and a presenter of BBC’s BAAFTA Award winning Springwatch, Autumnwatch and Winterwatch series Extraordinarily creative and prolific, Chris Packham has led a remarkable life. The estimated time for carriages is 11.00pm.
If the 2017 event is anything to go by, the 2018 dinner should provide an ideal opportunity to entertainguests and colleagues plus plenty of networking at this prestigious venue. There will be fundraising and a raffle in aid of the President’s chosen charity
Price £50.00 per head Table of 10 £475.00 The estimated time for carriages is The Annual Dinner is the most prestigious event in the Law Societies calendar so book your places now. Numbers are limited so don’t miss out and book today. www.hampshirelawsociety.co.uk
HAMPSHIRE LAW SOCIETY – CPD events Review of Private Client
Court of Protection
SDLT Update 2018
Professor Lesley King is Private Client Practice Head at the College of Law, Bloomsbury. She is co-author of Wills, Taxation and Administration: A Practical Guide and editor of the Probate Practitioners Handbook. She is the wills and probate columnist for the Law Society Gazette and writes and lectures extensively. • Guardianship of Missing Persons Act 2017 • Halsall & Others v Champion Consulting Ltd & Others (negligent tax advice) • Re Exler (conflict of interests in the administration of an estate) • The new trusts register • Dealing with interest and dividends • Investments held in an ISA wrapper • The IHT residence nil rate band and PRs (with checklist)
Speakers from Pump Court Chambers will include
Paul Clark has been a commercial property solicitor for over 40 years. He is an expert on many aspects of commercial property law and is a popular and engaging speaker
This SDLT update will cover any changes in the 2018 Budget, and touch on the new Land • Masterclass on fact finding hearings including Transaction Tax in Wales due to come into force in April 2018. The main subject will, however, be preparation presentation burden and standard problem areas, illustrated by actual cases. SDLT of proof Issues will include:
Tuesday 27 February 2018
Tuesday 20 March 2018
Wednesday 25 April 2018
Criminal Law Update
Civil Litigation Update
Employment Law Update
The speakers will be Barnaby Large and Edward Hurley from No 18
Gary Self has been described in the Legal 500 as being "Highly technical and commercial with excellent advocacy skills" and "very good, one of the best on the Western Circuit for employment" and further by Chambers UK 2014 as ‘ a leader in the field’ of Employment matters.
Tuesday 8 May 2018
Tuesday 15 May 2018
Family Law Update
DJ Simmonds iformer solicitor and member of the children panel - appointed as a DJ in 2010 as a DJ of the principal registry of the family division and transferred to the western circuit in November 2015. At the PRFD he undertook all forms of family work to include complex children and money.
Edward Denehan is yet again recommended by Chambers and Partners (2015 Ed.) for Real Estate Litigation. “He is a very robust advocate, who has a good way of speaking in layman’s terms and is able to get his message across.” “He is pretty impressive when he is on his feet.”
Richard Snape is a consultant with Davitt Jones Bould. He is a renowned speaker on all aspects of Real Estate Law and he lectures nationwide to a wide audience including local law societies, solicitors firms, local authorities and government departments. As a specialist speaker to property lawyers and property professionals, Richard has a reputation for delivering practical advice in an entertaining and engaging way. Conveyancing continues to undergo major changes and the course will aim to look at the most important changes and their effect on the conveyancer. Tuesday 5 June 2018
• Practical guide to decision making in court of protection • Medical treatment in the COP, Capacity ambit of medical treatment powers of court review of cases and life and death decisions
SDLT UPDATE 2018
• Whether property is residential or mixed-use • The effect of planning permission • Surcharge anomalies • SDLT on development agreements • Getting the calculations right
• Money and private law update • Vulnerable witnesses • PD12J – the amendments • Schedule 1 • Anything else topical at the time
Thursday 7 June 2018
He is also recommended for Property Litigation in the Legal 500 and has been for many years. The 2014 Edition describes him as having ‘An impressive understanding of restrictive covenants affecting land.’
Tuesday 17 July 2018
Unless otherwise notified all lectures take place at the Holiday Inn, Leigh Rd, Eastleigh SO50 9PG from 13.45 – 16.45. There is free parking at the venue. The programme will be regularly updated once additional information received distributed via email and in the quarterly magazine. You can find more detail on each lecture on our website www.hampshirelawsociety.co.uk www.hampshirelawsociety.co.uk 1.5 hour lecture - £40.00 (Non Member £55.00)
3 hour lecture - £75.00 (Non Member £115)
Members can take advantage of our CPD Smart Scheme Book multiple places and receive greater discounts Book a total of 10 places and save a total of £150.00 against the individual booking fee
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Talk by Susan Gent:
Junior Lawyers Division
GC for the Royal Academy of Arts
The SHJLD kicked off 2018 with an educational talk from Susan Gent, General Counsel for the Royal Academy of Arts, who joined us at Coffin Mewâ€™s offices in Southampton to talk about her experiences working in-house. Working in-house allows a junior lawyer the chance to work in a commercial environment where no two days in the office are ever the same; the breadth of experience is one of the biggest temptations for heading in-house. Unfortunately, junior lawyers have access to a multitude of career advice and guidance for developing a career in private practice but the in-house remain a relative mystery. A study by the Solicitors Regulation Authority (SRA) in 2015 found that between 2000 and 2012 the number of in-house solicitors doubled, with 22% of all employed solicitors working in-house and in 2020 it is expected that a third will be in-house. With it being such a fast growing area of practice, Susanâ€™s talk was a great way for members to learn more about the differences between private practice and in-house practice, and what itâ€™s really like to work at the heart of your client. Susan Gent started her legal career in private practice at Masons (before it became Pinsent Masons), where she qualified into Construction and Engineering. Susan worked predominantly as a litigator, but, after 7 years, decided to put her legal career on hold to work in a housing charity in London. She worked there for a number of years before deciding to head back into law and this time in-house. Her non-law experiences and her construction litigation experience enabled her to make the move to the legal team for Transport for London (TFL). Susan told us how her experience of working on construction contracts during her early legal career, and learning from experts in her field during her training, meant that the work she on at TFL wasnâ€™t a million miles away from what she was used to even though it was a very different working environment. Susan worked at TFL for a number of years, until she spotted a dream role. Susan had been a long time supporter of the World Wildlife Foundation (WWF) and when she saw that a role as their Head of Legal was available, she has to apply for it. While it was another in-house role, the WWF is obviously a very different organisation to TFL. Fortunately, at the time, WWF were planning their new headquarters and so Susanâ€™s
knowledge and experience was exactly what they needed. Furthermore, Susan told us how working at WWF meant that she could work out of London and work flexibly, whilst she was raising her family and her children were growing up. Susan continued to work at the WWF for a number of years before moving back into the city to join the Royal Academy of Arts, where she continues to work as legal counsel. Again, a very different organisation from those sheâ€™d worked at before but Susan told us how she was able to utilise connections she has made at the Law Society (where she sits on the Charities division) to build a network of similar GCs who meet up to talk about common issues, something that has helped her get to grips with the role quickly. Susanâ€™s talk was followed by a question and answer session, where members were keen to learn more about Susanâ€™s experiences of working in-house, and what advice she could offer junior lawyers. Members were particularly interested to ask Susan how she managed to cope with a workload which was constantly changing to meet client demands. Susan explained that as an in-house lawyer, she learned to take each task as it arrived on her desk, which meant that she learned about different areas of law which she may not have had the opportunity to work on had she remained in private practice. Susan made it clear that the skills you learn in as a trainee solicitor, even in specialising, do not restrict your ability to try something different. Often it is a matter of recognising how transferable your skills are and being willing to pick up and learn new things as you go along. Susanâ€™s talk was a fascinating insight into in-house practice and it was a great opportunity to learn what it is like to work for clients which are often considered household names. The talk was a fantastic opportunity for our members to pick up valuable advice and guidance which they can use to further develop their legal careers and in an area that is not often enough considered.
Becky Munday Blake Morgan
The South Hampshire Junior Lawyers Division Ball SAVE THE DATE - Friday 18 May 2018 To celebrate 10 years of the South Hampshire Junior Lawyers Division, we invite you to join us for our very first SHJLD Ball at 6W0DU\ÂˇV6WDGLXP%ULWDQQLD5RDG6RXWKDPSWRQ62)P 0RUHG GHWDLOVWWRE EHUUHYHDOHGÂŤ Check out our Facebook page (South Hampshire Junior Lawyers Division (SHJLD)) and Twitter (@theSHJLD) for news and details of upcoming events
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Lord Briggs & the online court I had the great pleasure and honour of chairing the talk by Lord Briggs at Southampton University late last year about the new online court. The event was attended by solicitors and barristers as well as a number of professors including Brenda Hannigan, Head of the Law Faculty who gave a glowing introduction. We of course thank the University as well as College Chambers for their gracious support and sponsorship. Practitioners might like to know that I am already in communication with another senior Law Lord to talk at an even larger event later in 2018. As practitioners will be aware Lord Briggs of Westbourne was elevated to the Supreme Court in 2017. He not only delivered a stunningly informative address but answered a number of searching questions which delved even into Artificial Intelligence. As Lord Briggs reminded us judges are not yet extinct. The online court, however, will engineer some profound changes. Lord Justice Briggs, as he was then, was appointed to look into the modernisation of the court system and published the Civil Court Structure Review in July 2016 which referred for the first time to a proposed new online court. Lord Briggs now prefers to refer to it as the ‘Online Solutions Court’. In his report Lord Justice Briggs identified 5 major weaknesses in the current civil justice system. Five Main Weaknesses of the Civil Justice System 1. The lack of adequate access to justice for ordinary individuals and small businesses due to the combination of the excessive costs expenditure and costs risk of civil litigation about what were described as relatively moderate sums. 2. The inefficiencies arising from the continuing tyranny of paper, coupled with the use of obsolete and inadequate IT facilities. 3. The unacceptable delays in the Court of Appeal, caused by its excessive workload. 4. The serious under-investment in the provision for civil justice outside London. 5. The widespread weaknesses in the processes for the enforcement of judgments and orders. Lord Justice Briggs then set out his proposed solutions in respect of the above underlying concerns. He emphasised the importance of creating a new online court in parallel with the creation and extension of a fixed cost regime. As he noted in his report the success of the online court will be critically dependent on careful design, development and testing. Solutions Proposed 1. Creation of a new Online court for Claims up to £25,000. 2. Digitisation of the Court Process. 3. Reforms to the practice and procedure of the Court of Appeal (now largely implemented). 4. Investment in the civil justice service outside London. 5. Centralisation, rationalisation, harmonisation and digitisation of the processes of enforcement. Lord Justice Briggs then went on to set out detailed recommendations. Detailed Recommendations 1. Replacement of IT systems for the civil courts. 2. Mediation embedded in the online court. 3. Cost management 4. Training of case officers 5. The online court to be made compulsory as the forum for cases within its jurisdiction. In his report Lord Justice Briggs raised the issue of Access to Justice. Indeed Access to Justice is one of the great issues of our time following the monumental LASPO reforms and dwindling availability of and access to legal advice centres. There is certainly less money in the system. How
best to address the growing need for advice and assistance is open to debate. At the talk Lord Briggs expressed his view that the current system ‘does not provide reasonable access to justice’ for the ordinary citizen, that there is a ‘foolhardy use of money’ and perhaps an ‘overly lawyerly culture’. He wishes to create a civil justice system for the people and small business. Concern was of course expressed about the disappearance of the experienced legal advisor from the new system. Ironically Christina Blacklaws Vice President of the Law Society has just chaired a panel discussion to mark the Day of the Endangered Lawyer. The suggestion of a transition towards unbundling and bespoke advice in relation to aspects of or defined moments within a case remains a matter of concern to many practitioners within the context of exposure to potential liabilities. The new online court Lord Briggs’ Online court will have a different emphasis from that under the current regime. Cases in the main and certainly at the outset will be directed by Case Officers rather than Judges. There will be more emphasis and focus on online processes, dispute resolution, conduct by court officials rather than judges, a ‘simplified’ procedure, reduced disclosure and more limited rules. There will be a greater focus on what was described as ‘prompting’. Parties will be prompted to follow online instructions and to engage in an ‘appropriate form of dispute resolution’. There will be a greater emphasis on mediation and dispute resolution. Lord Briggs’ emphasis on the online solutions court is a clear signal of this. ADR will be embedded in the new programme. The Civil Justice Council in its own recent report endorsed a presumption of mediation if a case had not settled by the directions stage. Practitioners will already be familiar with the question posed about mediation at the top of the directions form. In future this will become a little more emphatic. Some commentators have described the online court as a lawyer free zone. Certainly restrictions on the recovery of costs will place limitations on proportionate legal advice and intervention. The online court certainly has Litigants in Person in mind which has been a growing feature of the court system in recent years. Transition is upon us. As Lord Briggs noted by the end of 2017 the online court was already in advanced stages of design --and testing. Following the Talk Lord Briggs engaged heartily with a question & answer session. 29 questions in total were received in advance of the talk and a representative sample were put to Lord Briggs including the following topics: investment required in IT systems; access to justice; the replacement of lawyers; the influence of the ECJ on the Supreme Court within the context of Brexit; the fabrication of digital evidence and artificial intelligence. The court system is certainly evolving. Lord Briggs is of course the architect of the modernisation process currently underway. We are extremely grateful to Lord Briggs for graciously giving of his time and energy, for setting out his vision and enlightening us on the pathway ahead. Practitioners will of course need to prepare for the online court and fixed fees which are both on their way.
Russell Evans, Mediator & Arbitrator firstname.lastname@example.org
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Strategic approach redefines the relationship between law firms and IT The speed of technological change in the legal sector offers unprecedented opportunities for firms to innovate. However, research suggests that while most recognise the importance of maximising new technologies, many are reluctant to do so. A recent survey by the Law Society’s Insights community found that nearly three quarters of respondents agreed or strongly agreed that “innovation is critical to exploit opportunities and differentiate my firm”, but only 57% had a clear strategy for addressing change in the market. Reasons cited in the resulting report, Capturing Technological Innovation in Legal Services, included a lack of confidence, lack of awareness of how to begin and a disconnect with senior decision makers. The findings underline the importance of partnering with an IT service provider which not only understands the unique challenges and the confidentiality, regulatory and compliance requirements of the legal profession, but also engages strategically at senior level to achieve solutions that align with business objectives. Aura Technology is built on this premise. Led by a senior team with decades of senior-level experience in managed services, Aura’s approach is designed to redefine the relationship between businesses and IT. To ensure that every IT infrastructure meets the specific strategic needs and objectives of each client, Aura has developed a comprehensive Strategic Review that would normally form the first engagement with a new client. This review benchmarks the performance of the existing infrastructure, identifies issues or opportunities for improvement and recommends a
bespoke solution that ensures any future infrastructure is fully aligned with the business’s goals. Aura Technology Managing Director Tim Walker, whose experience includes the leadership of managed service providers for more than a decade, believes this strategic approach is key to maximising efficiency and profitability. He says: “In preparing to launch Aura, we conducted a huge amount of research into the market and found that although many managed service providers claim to offer a strategic relationship with clients, few achieve this in practice on any meaningful level. “Our approach is designed to eliminate jargon and confusion, engage strategically at board or senior level and make our service fit the solution – never the other way around.” Once a solution is in place, Aura puts in place a dedicated service team that is committed to continued improvement of the client’s IT infrastructure. The team takes a truly proactive approach, minimising downtime and disruption to deliver an ever-increasing return on the technology investment. Aura Technology operates across the south, with offices in Southampton and London. To find out more, visit www.auratechnology.com or call 0333 320 8601.
Redefining the relationship between law firms and IT Led by a team with decades of experience in managed IT services, Aura Technology engages with law firms at senior level to maximise innovation, efficiency and performance. Beginning with a Strategic Review, our teams ensure that your IT provision is fully aligned with your firm’s business goals. ■ Managed IT Services ■ Cloud Computing ■ Consultancy
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How hair testing can help build a history of substance use Hair tests are a reliable, fast and cost-effective way of proving drug or alcohol use.
hey’re highly accurate, with a long detection window and almost impossible to cheat. Hair tests can give rich information about the nature of, and conditions for, substance use by an individual. 1. Patterns of substance use When a person stops using drugs or alcohol, the levels of the substance in their hair drop very quickly. For this reason, it’s possible to pinpoint when a donor significantly increased or decreased their consumption levels. Laboratories typically test for changes in consumption across month-long periods. Traces of drugs or alcohol can also remain present in hair for up to four months after a person stopped using a substance. This is because hair exists in either a growing or resting phase. ‘Resting’ hairs are dead but still attached to the scalp – and can therefore test positive for substances that are not present in the growing hairs around them. 2. Concentration of substances Contrary to reports by some hair test laboratories, it is not possible to judge how much of a drug an individual used. Partly, this is because our bodies metabolise target substances at different rates. Moreover, drugs vary in their purity, in turn depositing greater or lesser concentrations of the substance in hair. Such obstacles don’t exist for alcohol. The Society of Hair-Testing agrees that hair samples with less than 7 picograms per milligram of alcohol suggest the donor has abstained from using alcohol. Readings of more than 30 pg/mg indicate that the donor uses alcohol at chronic levels. As such, hair tests offer a reliable indication of how much alcohol a person consumed in a given time period.
3. Types of substance use It is possible for hairs to test positive for cocaine or cannabis even if the donor has not used the drugs. Hairs can be contaminated on their external surfaces when a person is near another using a drug – because the molecules of the substance are in the air. The testing laboratory can prevent this from affecting the donor’s test result by washing the hairs to remove external contamination. Washed hairs that still contain drug metabolites are evidence that the donor’s body has processed the drug – and therefore, that the donor used the drug themselves. Understanding the limits Hair tests can help family lawyers understand the circumstances and nature of a person’s substance use – including patterns around use, the amount of alcohol they drank and whether or not they took substances themselves. The individual commissioning the hair test must tell their laboratory which of the three types of contextual information above they need from their hair test. Professionals must understand the limitations around these three insights, to make successful evidence-based decisions – which could have impactful real-world consequences for the individuals and families involved. By Dr.
Scientific Director of Cansford Labs Ltd., Cardiff www.cansfordlabs.co.uk
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Guiding and supporting specialist property lawyers with tailored regulation The Council for Licensed Conveyancers (CLC) was established in 1985 to foster competition and innovation in the conveyancing market. We regulated specialist conveyancers and probate lawyers.
n doing so, we have always looked to be a proactive regulator in anticipating and monitoring the issues that affect the licensed conveyancing community. We work closely with all our licence holders and we listen to what they say, helping them to achieve the right outcomes for consumers. Today, we are still helping legal businesses to thrive by finding new ways to meet changing customer expectation. Our aim is to support firms to achieve compliance and to accommodate different ways of working wherever we can. The CLC regulates firms of all types and sizes, and has always looked to promote high regulatory standards. For example, each CLC Practice is allocated a Regulatory Supervision Manager (RSM) whose role is to guide them in all regulatory and compliance issues. We always advise firms looking to transfer to CLC regulation, to discuss their plans with us at an early stage, so that we can give them guidance about the best way to take their application forward and help them understand whether CLC regulation is right for their firm. This is just as important for established firms looking to move between regulators as it is for start-ups just entering the market. We are working with an increasing number of firms considering a transfer into CLC regulation, especially now that the requirement that a firm
TAILORED REGULATION OF SPECIALIST LAWYERS PROTECTING THE CONSUMER SUPPORTING INNOVATION, COMPETITION AND GROWTH
transferring to another regulator should take out run-off professional indemnity insurance cover has been removed. It is clear from our discussions with those we currently regulate - as well as lawyers considering transferring their practices into CLC regulation - that our model of specialist regulation is hugely appreciated, with three quarters of licensed conveyancers stating that the CLC provides value for money and supports them in developing their businesses. For example, in 2017 we increased online protection for CLC firms and their clients by establishing a secure badge scheme, which significantly reduces the risk of impersonation online through cloned or copied websites. Over the last 30 years, the CLC’s regulation of specialist conveyancing and probate lawyers has delivered high standards of consumer protection and supported innovation in the delivery of legal services. If you are thinking of becoming a CLC regulated Practice then please visit: http://www.clcuk.org/lawyers/switching-to-clc-regulation/ or, should you wish to outline your Practice’s requirements, whatever your business model, then we will be more than happy to meet with you, or to discuss your proposals over the telephone. For an initial contact please email Licensing@clcuk.org To find out more about CLC regulation then please visit: http://www.conveyancer.org.uk/Regulation-by-CLC.aspx where you will find more helpful information, including how to qualify as a CLC Lawyer: http://www.conveyancer.org.uk/trainee-lawyer.aspx.
IT’S TIME TO THINK ABOUT THAT MOVE
To find out more about how your practice could benefit from transferring to the CLC, contact us on the details below.
www.clc-uk.org/Changing-Regulators or call 020 7250 8465 26
HW Conveyancing Searches are best placed as searches experts even in today’s competitive and ever changing market place With the advent of a centralised Local Land Charges Register and a surge of integrated delivery programs in today’s conveyancing world, you would be forgiven for thinking personal search companies would be worried for their future…
ot so at HW Conveyancing Searches where we are confident that we are able to offer you an impressive service at a great price, with added value we guarantee you won’t find anywhere else. Here are just a few reasons why we believe we are here to stay: • Security of having a regulated search (insurance) - we have a £5 million indemnity insurance where Local Authorities don’t, and most other providers offer £2 million. • All reports in one place - just give us the property address and what reports you require, we will do the rest. One order, one confirmation, no fuss – all from our easy to use, bespoke online ordering platform. • One company to speak to for all searches - if you have any query regarding your searches for the property, then, just have to pick up the phone to HW. We will handle any queries you have with environmental reports, drainage and local searches – NO CALL CENTRES. • Most lenders now willingly accept Regulated Local Searches as of September 2016, only a handful of lesser-used mortgage lenders will not accept Regulated Personal Searches. All the main lenders will accept our Search Code regulated reports. • SRA accredited training - Andrew Prismall, our Managing Director, is the only person to be SRA accredited in Local Land Charges, which enables us to bring free and engaging CPD seminars to you. With our Environmental search, AML and HM Land Registry partners, we always deliver a great event for you. • Expertise - everyone in our office is trained in Local Searches and will be able to answer your questions with confidence. Every search has a
clickable link to email the compiler of your search directly. We pride ourselves on being transparent and communicative – we have not received a single complaint in 10 years! • Unaffiliated – we offer a national coverage through the use of a network of Independent Agents (IPSA). We are not tied into any referral agreements and only provide you with the searches your client actually needs, not the agreed pack of unnecessary searches. • Client care/hospitality – we believe that we are more than just a search provider, we offer regular client care meetings to ensure that you are familiar with all new products and developments in the property market. Not only that but in appreciation for your support we make sure we treat our clients to some corporate hospitality and networking opportunities with us at events such as concerts and cricket. ALSO we are well connected with our hands right on the pulse of the industry enabling us to react to any new developments as they arise. Andrew Prismall (our MD) is not only the Chairman of the search agent trade body IPSA, but has been appointed as a Director/Board Member of PCCB (Property Codes Compliance Board) who regulate the Search Code. We also have a fantastic working relationship with HM Land Registry that has allowed us to bring exclusive seminars on the changing searches landscape and the hot-topic of requisitions recently. To find out more about HW and their dedicated team visit their website at www.hwcsearches.co.uk or email email@example.com and they will be happy to assist you.
Calling all conveyancers Future Climate Info’s residential environmental reports available now We are pleased to inform our conveyancer customers that Future Climate Info’s innovative suite of residential environmental reports are available from Thames Water Property Searches. he fully compliant reports analyse key data on contaminated land, flood, ground stability, as well as energy and infrastructure. We are confident that our customers will find the reports excellent value for money and beneficial to their practice. For instance: Risks and recommendations are clearly summarised Important information is clearly and concisely presented on the first page Not just problems, but solutions as well Where risks are identified, FCI has teamed up with industry experts to offer affordable, next step solutions Each report is on average 10 pages FCI reports interrogate all key data sets but only present the most relevant information FCI is regulated by RICS and the reports are fully compliant with Law Society guidance (and Practice Notes) in screening for Environmental and Flood. Furthermore, clients are fully protected. Passed residential searches come with contaminated land remediation protection up to £100,000 for 6 years, while reports are backed by £10 million Professional Indemnity Insurance.
Geoff Offen, Managing Director of Future Climate Info, comments: “We’re absolutely delighted to be working with Thames Water Property Searches and contributing to the comprehensive range of searches which they provide to conveyancers. FCI strive to offer better value for clients and to remove risk, solve problems and consign conveyancer’s frustrations to the past so they can move property transactions forward in confidence.” How to order Our customer experience team has been thoroughly trained to advise conveyancer customers about which FCI products are best for their clients. The reports are divided into Essential, Standard, and Premium with standardised data modules to ensure consistency across each report as well as Flood or Energy & Infrastructure reports available as stand-alone products. To speak to our Customer Experience Team about FCI’s new products call: 0845 070 9148 or visit: www.thameswater-propertysearches.co.uk today.
Clio Announces Integration with Klyant, a Leader in Legal Accounting Software, Enabling Simple Compliance with SRA Accounts Rules Legal professionals and bookkeepers can now benefit from the two leading legal cloudbased providers to accurately and efficiently manage client and firm financial records. lio, the world’s first and leading creator of cloud-based legal practice management software, announces a new integration with Klyant, a powerful cloud-based accounting software for law firms. Clio is the only practice management platform to partner with Klyant giving legal professionals and bookkeepers the ability to easily reconcile bank accounts, print cheques, access financial and matter ledger reporting, and ensure their firm meets regulatory requirements in the U.K. and Ireland.
Klyant is the only standalone legal accounting system truly designed for the cloud that that enables simple compliance with SRA Accounts Rules, making this integration unique. “We are excited to be the first and only legal practice management platform to partner with Klyant. With this integration, legal professionals can confidently manage their accounting through an SRA compliant accounting platform,” said Jack Newton, CEO and Co-founder of Clio. “Klyant makes staying on top of firm financials efficient and effective.” With one click in the Klyant platform, customers can sync any new relevant data from Clio to Klyant. Bookkeepers are able to review and change any migrated transactions directly from the Clio transaction log in Klyant, a unique feature designed specifically for Clio and Klyant. Any updates made in either platform can be viewed in one Klyant review screen, dramatically improving bookkeeping efficiency.
With this integration, lawyers can provide bookkeepers with all the financial information they need while maintaining the privacy of their clients’ personal information. Legal bookkeepers can easily access client matter ledger cards and seamlessly sync clients, matters, invoices, and transactions from Clio, right from the Klyant platform. The powerful configuration settings means that customers can select which financial data to sync, giving them full control over what information is shared. “We are delighted to partner with Clio and are very excited about the powerful functionality this fully integrated solution delivers to firms,” said John Gilmartin, CEO of Klyant. “Clio has set the pace for next generation legal technology companies, and we look forward to continuing our work with their incredible team.” Clio customers with a Klyant account can choose to sync all available data types or a select few, including: ● Client name and primary contact details ● Matter name ● Matter/practice type ● Trust/client account transactions ● Approved bills ● Invoice payments Legal professionals can learn more about the benefits of Clio and Klyant’s integration at clio.com/uk/clio-klyant-integration or call 0800 433 2546.
Are You GDPR ready?
James Castro-Edwards Partner and Head of Data Protection, Wedlake Bell LLP Expertise James Castro-Edwards is a partner and Head of Data Protection at Wedlake Bell LLP. James advises domestic and multinational organisations on data protection issues. His experience includes managing global data protection compliance projects for multinationals, and advising domestic companies on complex data protection issues. He has also developed and delivered innovative data protection training programs for multinational clients, including a data protection officers’ training course which was accredited by a European government. James leads the firm’s outsourced data protection officer service, ProDPO (http://prodpo.com). James frequently speaks on data protection and cyber security issues and is widely published, having written articles for a wide variety of titles including The Times and The Guardian, and wrote The Law Society text book on the General Data Protection Regulation (GDPR). Background The use of personal data is regulated in England and Wales by the Data Protection Act 1998 ('DPA'). The DPA implements the provisions of European Directive 95/46/EC ('Directive'). The Directive, which came into force in 1995, has been the subject of significant reform, and will be superseded by the General Data Protection Regulation (‘GDPR’) when its provisions take effect on 25th May 2018. The principles and concepts of the GDPR are similar to those of the Directive and the DPA, however, the GDPR includes significant new obligations for organisations and grants individuals a range of new rights. Impact of Brexit The GDPR has been law since 25th May 2016 but included a two year 'sunrise period' that will expire in May 2018, intended to allow organisations time to prepare. Unfortunately, this coincided with the EU Referendum and hence some confusion, with many organisations believing that the GDPR, as a European regulation, would not take effect in the UK. However, both the British
Government and the ICO have confirmed that the GDPR will become law. The result is that a significant proportion of the potential time to prepare for the GDPR has been lost. In the UK, the GDPR will be supplemented by the Data Protection Act 2017, the provisions of which are currently being finalised in parliament. Changes the GDPR will introduce The main changes that the GDPR will introduce include the following: • Scope: The GDPR will apply to a wider range of organisations than the DPA and Directive; not just ‘data controllers’ but also data processors acting on behalf of controllers, including in some circumstances, controllers and processors established entirely outside Europe. • Accountability: Organisations must not only comply with the GDPR, but must also be able to demonstrate their compliance to the data protection authority, for example by way of policies, training, and management. • Consent: The GDPR requirements around consent are significantly more stringent, outlawing many common practices, such as pre-ticked boxes, and ‘bundled’ consent, frequently found in employment contracts and privacy notices. • Mandatory breach reporting: Organisations that suffer a data protection breach must report it to the data protection authority within 72 hours, and promptly notify affected data subjects if they face a high risk. • Mandatory Data Protection Officers (DPOs): Certain types of organisation must appoint a DPO, and voluntary appointment will often be advisable. • Privacy impact assessments: Organisations embarking on a new practice involving personal information must conduct a documented impact assessment and ensure the concepts of ‘privacy by design’ and ‘privacy by default’ are incorporated to new processes. • Penalties: The GDPR includes a range of penalties including fines of up to 4% worldwide annual turnover, or €20,000,000, whichever is greater. Data protection authorities are granted a broader range of powers, including the right to conduct compulsory data protection audits. Risks of non-compliance The high maximum fines the GDPR will introduce are explained above, however the risks a non-compliant organisation faces are not limited to financial penalties. The GDPR grants data protection authorities a wide range of powers including the ability to conduct compulsory audits and to suspend organisations' use of personal information. In addition, the UK data protection authority plans to hire an additional 200 employees,
expanding its capacity by around 40%, in anticipation of the GDPR coming into force. In practice, this expansion will significantly increase its ability to enforce the new law. Organisations face an additional risk following a development in the common law, which enables individuals to claim for pure distress (i.e. no financial loss) where they are affected by misuse of private information. In what is believed to be the first of its kind, an award for damages on the basis of pure distress was made by an Edinburgh court early in 2017, and many commentators believe this paves the way for significant 'class action' type claims against organisations. How law firms should address the risk Law firms face a particular risk under the GDPR, as they typically hold a large volume of personal information about their clients. This may include sensitive information where firms advise on matters such as personal finance, divorce, child custody, crime or medical negligence. A law firm that suffers a data protection breach concerning sensitive information would be regarded by the data protection authority as a serious matter. Law firms must be fully aware of the personal data they hold, whether about their clients or staff, and must take proactive steps to ensure such personal data is protected. A prudent initial step would be to conduct a data protection audit or review. Firms must have in place a data protection policy, including a data protection breach policy, and ensure their staff are appropriately trained. Any law firm that processes the ‘special categories of personal data’, which includes information about individuals’ health, is likely to need to appoint a DPO. DPOs must be independent, which precludes the Managing Partner, Head of HR, or Head of IT (for example). The GDPR imposes strict rules where controllers appoint ‘processors’, which process personal data on behalf of controllers (such as outsourced payroll providers, hosted software, or email marketing service providers). Failure to comply with these requirements may be regarded as a breach of the security requirements of the GDPR. There are now less than 6 months to prepare for the GDPR. Any firm that has not yet started to prepare should not delay further. As a first step, firms must identify the personal data they hold (for example, about their employees, clients, whether individuals or corporate clients, and their suppliers), and ensure it has been collected and used in accordance with the principles of the GDPR. The use of personal information is becoming an increasingly regulated activity, and failing to comply is an increasingly dangerous risk.
Is the government creating a tax trap for themselves in future years by decreasing the pension limits to just £10,000 pa for high earners? From April 2016 high earners (i.e. those earning over £210,000) are restricted in the amount that they may pay into a pension and as a consequence the ability to build large pension funds for use in retirement has diminished materially. At the same time the amount that an individual may pay into an ISA has increased to £20,000 pa. So for a Couple the amount that may be saved tax free annually has increased to £40,000 pa. It is easy to see that over a period of 20 years or so it is possible to save significant funds into the ISA portfolio. If we assumed a couple making maximum ISA contributions for 20 years with a growth rate on the funds of 5% pa then such a scenario would create an ISA portfolio of £1,388,000 at the point of retirement. If we assumed a 5% annual drawdown on these funds in retirement then the couple would be able to draw an income of £69,400 pa with no liability to income tax. In effect with basic state pension included for each of the couple at £11,000 pa then they would be able to enjoy an income of £91,400 pa without any liability to tax at all for the remainder of their lives. This would in effect mean that the government would miss out on additional tax revenue of circa £20,560 per year ad infinitum. Obviously this scenario over simplifies the position that might be faced in reality, but it is easy to see that with the population getting older then the government should be looking to gain additional tax take from the increasing number of retirees; The new scenario with ISAs overtaking pensions as the retirement savings route of choice for high earners may leave this requirement lacking in the future. It may well be that the additional pensions built up through auto enrolment for lower earners provides for some additional tax revenue in the future, but looking at the tax distribution accounts for the UK in 2016 it
is clear that the top 0.5% of earners in the UK currently pay some 28% of all income tax revenue, surely it cannot be the Government’s intention for these same people to pay little or no tax in their retirement when a low earner who might have built up a modest pension paying them £10,000 per year on top of their state pensions benefits might have to pay £2,000 tax per year in retirement? The famous controversy from 2007 where it was widely reported that Private equity bosses were paying less tax than their cleaner springs to mind. Whatever the intention of Government? One might suggest that the short term increase in the tax receipts from high earners is necessary for the Country’s finances today? Inevitably pension legislation will change again in the future but for now the potential tax trap for the government remains. In any event, the current ISA shelter of £40,000 per year for a couple is a very attractive, whilst it lasts, and assuming that an individual is able to afford it, then maximum benefit should be taken whilst it lasts. ISA allowances are currently £20,000 pa for an individual, regardless of circumstances. There are 4 types of ISA account, a cash ISA, a stocks and shares ISA, an Innovative Finance ISA and a Lifetime ISA. You may contribute to one or all of these ISA accounts in any tax year although you may only pay £4,000 pa into the Life time ISA account in any 1 tax year and you must meet the eligibility criteria.
Tim Mckechnie, Investment Director S4 Financial Limited
Free Wills Month
Free Wills Month is an opportunity for both solicitors and the public Ten national charities are working together to promote Free Wills Month during March. The promotion is an opportunity for people to have their Will written free of charge by a local solicitor and at the same time to leave a lasting legacy. or solicitors the promotion is a fantastic opportunity to acquire new clients at no cost. The promotion involves a lot of local advertising, which includes participating solicitorsâ€™ details, paid for by the organisers. Solicitors average 25 new clients, though some set a lower limit while others regard it as an excellent way to add to their client list and take as many appointments as they can manage.
Many charities depend on gifts left in Wills for up to half of their funding. The Free Wills Month promotion aims to encourage those aged 55+ to have their Will written or updated (though in the case of couples making mirror Wills it is sufficient if one has reached 55).
obligation to include a gift, though the great majority of people using the promotion choose to do so. The Free Wills Month charities work exclusively with solicitors who are in good standing with the Law Society and who are regulated by the SRA. The Free Wills Month charities in the March 2018 campaign are Age UK, Arthritis Research UK, The Blue Cross, British Heart Foundation, Guide Dogs, Marie Curie, MIND, NSPCC, the RNLI, The Salvation Army and Stroke Association.
Recruitment of solicitors for Free Wills Month March is scheduled to be completed by the end of January when Free Wills Month is a great opportunity for attention turns to the October campaign. The promotion people to consider leaving a gift to one 1or 30/11/2017 16:07 runs from Thursday 1st March to Friday 30th March inclusive. more of the charities. There is no
Appointments have to be made during March, though the actual appointments can take place any time afterwards to suit clients and solicitors. Solicitors interested in taking part in Free Wills Month should visit the campaign website at www.freewillsmonth.org.uk or call 0345 686 4309.
Free Wills Month
Building a future where no one has to cope with a mental health problem alone In any given year, 1 in 4 people will experience a mental health problem, yet fewer than half of those with a diagnosed mental health problem tell their current employer. e live in a society where mental health problems are driving some people to despair and exposing them to prejudice. About half of all long-term sick leave in the UK is due to stress, depression and anxiety. Almost 1 in 3 people in England have experienced mental health issues while in employment, but only 1 in 4 employees in the UK said they would be likely to talk to their manager if they were experiencing a mental health problem.
The statistics are staggering, but Mind is here to help anyone who feels they have nowhere else to turn. We are the leading mental health charity in England and Wales. We are at the forefront of a change in the way that society is thinking about mental health. We’re striving to improve experiences and outcomes across every part of the mental health journey, whether that’s staying well, giving people choice, improving services, or breaking down barriers for those who can’t
access support. We can only continue our vital work thanks to public support, including gifts in wills. March 2018 is Free Wills Month in London and Mind is part of the consortium of charities involved this year. Clients using the offer are under no obligation to make a gift to any charity, but we hope that many will see this as a chance to support our work. Did you know that three times as many people would leave a charitable legacy if their solicitor reminded them to consider this opportunity? Solicitors promoting their clients to consider giving to charities in this way has proven to double the value of their donations too*. When speaking to your clients, please ask them if there are any causes they feel passionate about. And if they share our vision of a world where no one has to cope with a mental health problem alone, please ask if they would consider making a gift to Mind.
*Behavioural Insights Team Cabinet Office 2013
IGNORANCE IS NO DEFENCE
DevAssist investigates locations for development risks that could impact a property. We are an accredited CPD provider on development and planning. Our products:
For more information: t:
e: firstname.lastname@example.org PROTECTING BUYERS, SOLICITORS & LENDERS
Wills and Probate
When you’re gone... More people are realising the importance of making provisions for when they pass away, especially when it comes to taking care of their pets. Many dog owners worry about what might happen if they were to pass away, leaving their beloved four-legged friend behind without an owner. Thankfully, Dogs Trust offer a fantastic free service that aims to give owners peace of mind, knowing that their dog will be loved and cared for should anything happen to them, and helps to ease the minds of friends and family during what is already a distressing time. Amy, a 14-year-old Collie cross, found herself alone when her owner sadly died and the next of kin couldn’t care for her. Because Amy had been registered on the Canine Care Card, a family member was able to hand her over to the care of Dogs Trust Kenilworth. Amy had lived with her owner since she was a puppy and was understandably missing her home comforts, so was placed into temporary foster care before finding a loving new owner, 85-year-old Graham Buckingham from Brinklow, who says: “I’m so lucky to have her in my life and I’m glad that I’ve given her a second chance.” Becoming a Canine Care Card holder is easy. Owners simply complete a registration form and return it to Dogs Trust, who issue them with a wallet-sized card which acts in a similar way to an organ donor card and notifies people of their wishes for their dogs, should anything happen to them.
We will arrange to bring their dog to our nearest rehoming centre, where they will be examined by our expert vet and cared for by our dedicated, trained staff. We will endeavour to find their dog a new owner whose lifestyle and experience match their needs, but if for any reason they cannot be rehomed, rest assured Dogs Trust never puts down a healthy dog, so we will look after them for the rest of their lives.
Wills and Probate
The Association of Probate Researchers continues to grow The Association of Probate Researchers (APR), a regulatory body for the genealogy and probate research industry, is pleased to announce that it now comprises three of the biggest probate research firms in the UK: Fraser and Fraser, Treethorpe and Anglia Research. Treethorpe is a genealogy firm whose company values of professionalism, integrity and client focus are in perfect alignment with APR. Michelle Aldous, Head of Operations & General Manager of Treethorpe, commented that “the formation of the APR is an incredible step forward for our industry, and one that provides the opportunity for our team here at Treethorpe to demonstrate their capabilities and experience, whilst importantly, provide our current and future clients with reassurance that they are engaging a reputable firm, and a safeguard should mistakes be made.” Formed in 1979, Anglia Research has provided genealogy services for over 30 years and has established itself as one of the industry’s top firms. The company’s Managing Director, Peter Turvey, said: “The APR is the first and only body to introduce independent regulation to a previously unregulated industry, and we are pleased to have been pivotal in securing a robust constitution for this new organisation.” Treethorpe and Anglia Research join founding member Fraser and Fraser, a firm with over 90 years of experience, who have built a network of European offices and developed partnerships and working relationships with leading genealogists around the world. In her capacity as APR Membership Secretary, Dunni Dickie-Johnson said: “with the continuing high rate of intestacy deaths coupled with the rise of unprofessional and criminal interest in the field of probate research, industry regulation is needed now more than ever before. It is both exciting and
encouraging to welcome as APR Corporate Members, Treethorpe and Anglia Research, two of the industry’s largest and most reputable firms, joining founding member Fraser and Fraser. I am confident that, collectively, we can raise standards across the industry for the benefit of both Solicitors and beneficiaries”. The APR was established as a voluntary, self-regulatory body which aims to bring regulation to the industry and to offer protection to beneficiaries from hobby genealogists and amateurs. The APR safeguards beneficiaries from firms and individuals who believe that they can conduct probate research with very little or no legal training and experience. In the past few years, there have been several cases of fraudulent individuals posing as probate researchers and mis-administering estates which resulted in millions of pounds being stolen from members of the public. The APR provides solicitors, local authorities and the general public with the assurance that if they engage a genealogy and probate research company listed on the APR Membership Directory, that this member meets a very strict code of conduct and has the relevant experience to conduct research. APR members are also subject to independent regulation by the Professional Paralegal Register (PPR) through which heirs are provided access to an independent complaints procedure and compensation policy. For more information the on the APR and PPR, please visit www.a-p-r.org and ppr.org.uk
GENEALOGISTS AND INTERNATIONAL PROBATE RESEARCHERS Phone: 020 7832 1430
I am a Solicitor
Looking ffor or Missing Beneficiaries Missing Beneficiary Insurance Certificates Will Search Missing W Wiill Insurance Industry Regulation International Bankrruptcy Search Asset Search Share V Vaaluations, T Tra ransffers and Sales Probate Property Assistance
â€œThe Only Thing That Is Constant Is Changeâ€?Heraclitus $IBOHF8JTF "EBQUUPZPVSFOWJSPONFOU
The speed of change in the world is unprecedented. The nature in which firms provide legal services will change, the way they are structured and operate will be vital to respond to these changes. This presents challenges and opportunities for those prepared to embrace new ways of working, new technology and an evolving workforce. The challenges: â€˘ Disruptive technology and â€˜off the shelfâ€™ routine legal services assisted by artificial intelligence and robotic process automation potentially displacing the role of the lawyer and transforming the way clients use services â€˘ Changes in relationship between service providers and clients, lower competitive barriers to entry and the way we communicate, collaborate and work will influence the client experience â€˘ How we engage with and build trusted relationships with current and prospective clients with increased expectations will be essential to maintain net fee growth â€˘ Creating the right first impression and demonstrating greater transparency and value for money through the service provided in a climate of fixed fee and lowest-cost provider selection â€˘ Understanding the â€˜voice of the customerâ€™ and what creates satisfaction along with effective relationship management processes to increase engagement and loyalty â€˘ Experienced partners that become â€˜accidentalâ€™ managers without the same professional development in leadership, strategic thinking, team management and operational excellence as their legal/technical disciplines. How then can the successful legal service firms of tomorrow evolve and adapt to their competitive, fixed-fee environment to be fit for the future with greater productivity leading to profitable growth? â€˘ Better use of technology to prevent workarounds, work organisation redesign, combining resources and standardising processes to balance workloads and increase utilisation of fee earners and paralegal staff â€˘ Identifying where in the journey we can add more value, reduce customer effort to enhance collaboration, share information better and improve the client experience â€˘ Reducing write-offs, identifying avoidable demand and introducing better quality controls to ensure work is completed right first time â€˘ Effective resourcing, performance management and better information for planning and scheduling to ensure performance is efficient and aligned to strategy â€˘ Engage and train partners and staff to drive continuous improvement of performance by investing in their capability to practically apply appropriate tools and techniques ChangeWise believes employee engagement is critical to successful change and by training and coaching your people to use simple continuous improvement techniques they can embed change into the way they work and continuously adapt to a constantly changing competitive environment. Call Mike Williams on 07866 537 580 to find out more. www.changewise.co.uk.
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Brain Chase Coles
Mr Edward Selby Williams
The Role A vibrant and expanding firm in a key town centre location is looking to recruit a full time solicitor for its family law department. The successful candidate should have experience advising clients about a wide range of family legal matters and demonstrate the following attributes: - Excellent client care skills and a commitment to the principles of Resolution.
(family have a Will dated 2002 but need to know if there is a later Will) 34 St Francis Road Alverstoke Gosport DOB DOD
Anthony William David Jones
- A strong academic background and an ability to draft documents to a high standard.
6 Cardington Court Hornchurch Road Southampton SO16 8HJ
- Experience handling matters including divorce and separation, arrangements for children, financial arrangements for married and un-married couples and pre-nuptial agreements.
- Experience of public law children cases and legal aid will be a distinct advantage. We are willing to consider candidates from 0-5 years PQE upwards and a competitive salary will be offered based on experience. Career development and partnership opportunities are also available where appropriate.
Job Information Please apply with covering letter to Gillian Matthews – email@example.com
COMMERCIAL LAWYER 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 firstname.lastname@example.org for more information and c.v.
The Role A well established and highly regarded law firm located in the heart of Lymington is looking to recruit a full time solicitor to undertake varied commercial work. This is an opportunity with great career potential to join a firm with ambitious expansion plans. The right candidate will have good quality experience and be able to lead and develop the firm’s commercial practice. The firm are looking for an individual who has the energy and dynamism to take on a new challenge with the skills to be able to expand the department. The candidate should be commercially focused and deliver excellent client service. Whilst expectations are high, the firm is noted for its friendly and informal culture. We recognise the value of our staff having a healthy work/life balance.
A competitive salary will be offered depending upon experience. This is a great opportunity for a candidate looking for a major career step to join a progressive firm looking to grow in size and practice areas in the future.
Ray Martin, Solicitor, admitted 1978, with 39 years experience of residential and commercial conveyancing. Locum since 2015. Flexible hours and locations .
Tel : 07802 428236 or email email@example.com for cv and terms of business
Please apply with covering letter to the practice manager Bruce McGrotty – firstname.lastname@example.org