Hampshire Legal May 2018

LEGAL HAMPSHIRE

The Official Journal of THE HAMPSHIRE LAW SOCIETY HAMPSHIRE LAW SOCIETY

MAY 2018

Hampshire Law Society

LEGAL AWARDS 2018

ANNUAL DINNER AND AWARDS 2018 Thursday 17 May 2018 Hilton Hotel at the Ageas Bowl, Hedge End

Inside this issue:

HAMPSHIRE LAW SOCIETY

■ Presidential Year Plan ■ Happenings in Hampshire ■ News

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

CONTENTS

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ADVERTISING AND FEATURES EDITOR Anna Woodhams GRAPHIC DESIGNER John Barry ACCOUNTS Joanne Casey

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MEDIA NO. 1582 PUBLISHED MAY 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.

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COVER INFORMATION Hampshire Law Society 2018 Annual Dinner & Awards, Hilton Hotel at the Ageas Bowl.

CREDIT - Hilton Hotel at the Ageas Bowl.

COPY DEADLINES Autumn Winter

18th July 2018 18th October 2018

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

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

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

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CONTACTS INTRODUCTION HAPPENINGS IN HAMPSHIRE JUNIOR LAWYERS DIVISION COUNCIL MEMBERS TRAINING ARTICLES MEDIATION

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SOFTWARE CONVEYANCING WILLS INVESTMENTS BOOK REVIEW 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/

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Contacts

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

LAW SOCIETY COUNCIL MEMBERS

Miss K Colmer (Kristina)

Razi Shah (North Hampshire)

Email: kricolmer@hotmail.com

VICE PRESIDENT Mr J. Robertson (Joe) Jasper Vincent 44 Queensway Southampton SO14 3GT DX 2005 Southampton Tel: 02380 633225 Email: jrobertson@jaspervincent.com

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: james.gleisner@trethowans.com

HONORARY SECRETARY Mr R. Hursthouse (Rod) 10 Hudson Close, Liphook Hampshire GU30 7UW Tel: 01428 723488 Email: rodhursthouse@btinternet.com

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:irobinson@churchers.co.uk

IMMEDIATE PAST PRESIDENT

Appleby Shaw Trinity House 15a Trinity Place Windsor SL4 3AS DX 3830 Windsor Tel: 01753 860606 Fax: 01753 860620 Email: rshah@applebyshaw.com Nick Gurney-Champion (Residential conveyancing) Gurney-Champion & Co Champion House 104 Victoria Rd North Southsea PO5 1QE DX 117953 Portsmouth Central Tel: 023 9282 1100 Fax: 023 9282 0447 Email: ngc@championlawyers.co.uk

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

BUSINESS DEVELOPMENT OFFICER

Russell Evans

Alison Plenderleith

Resolve UK Summerlands House Botley Road, Curdridge Southampton SO32 2DS Tel: 01489 797073

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

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

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COMMITTEE MEMBERS AND SUB COMMITTEES COMPLAINTS

Joe Robertson jrobertson@jaspervincent.com

EDUCATION & TRAINING

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

LITIGATION & DISPUTES RESOLUTION

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

MEMBERSHIP

Roderick Hursthouse Alison Plenderleith Deglan Rowe

NON CONTENTIOUS

Matthew Robbins Simon Whipple Nick Gurney Champion

PR

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

PUBLICITY

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

REGULATORY

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

SOCIAL

Kristina Colmer (Chair) kricolmer@hotmail.com Sarah Hallett Mo Aldridge Alison Plenderleith

STUDENT UNIVERSITY LIASION Russell Evans Russell.david@yahoo.co.uk

Introduction

PRESIDENT’S REVIEW SPRING 2018 Hampshire Law Society President

Kristina Colmer Well it has been an eventful few months; we had snow not once but twice in Hampshire in March. Hopefully we have seen the last of the snow for now and can begin to enjoy the start of spring and hope that not all the seedlings have been killed by the last frost.

Hampshire Incorporated Law Society has been busy; from attending a number of dinners in neighbouring counties to a very successful quiz night at the Dancing Man in Southampton. I would like to say a special thank you to Ian Robinson who attended the Bournemouth and District Law Society Dinner on 23rd Match and to James Gleisner who attended the Dorset Law Society Dinner on 20th April on my behalf. I understand that both events were very enjoyable and I was sorry to miss them.

I was able to attend a lunch in Southampton organised by Bhavni Fowler that included, Vice President to Law Society Christina Blacklaws, HILS Deputy Vice President James Gleisner and Council Member for Hampshire, Nick Gurney-Champion. We has a lovely lunch were able to hear from Christina her plans for her time in office which is fast approaching in July 2018.

HAMPSHIRE LAW SOCIETY

I am looking forward to working with Christina to bring her plans into fruition during the last part of my term. One of her key objectives is Women in Law and she is keen to organise some round table discussions at member firms.

A couple of firms have already offered which is great and any other firms wishing to be involved should contact us.

I am looking forward to the Annual Dinner at the Hilton at the Ageas Bowl Southampton on 17th May and listening to our guest speaker Chris Packham and I hope to see many of you there.

For now I wish you all a lovely Spring.

Kristina Colmer Hampshire Law Society President

Hampshire Law

LEGAL AWARDS 201

The following firms/individuals have been nominated for a Hampshire Law Society Legal Award

Large Firm of the Year

Lawyer of the Year

Junior Lawyer of the Year

Trethowans Paris Smith Irwin Mitchell Moore Blatch

Simon Rhodes Trethowans Peter Dodd Select Conveyancers Sarra Gravestock Biscoes Faye Evans Churchers Leesa Longdon Thurgood Churchers Stacey Read Jasper Vincent Peter Taylor Paris Smith Fiona Heald Moore Blatch Jonathan Smart Shoosmiths

Nicola Piper Trethowans Grant Usher of Verisona Law Courtney Weeks Biscoes Louise Jack Churchers Stephanie Bowen Moore Blatch Christopher Bull Shoosmiths

Small Firm of the Year Larcomes Biscoes Churchers Jasper Vincent

The results will be announced at the Annual Dinner on the 17 May at the Hilton Ageas Bowl – see page 15

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Happenings in Hampshire

Dutton Gregory – New Sponsor of ‘Dream Machines’ on Poole Quay

Dutton Gregory, solicitors, has been unveiled as the new sponsor of ‘Dream Machines 2018,’ a bike meeting which takes place on Poole Quay every Tuesday evening from 6pm between April and the end of September.

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fter 6pm on a Tuesday, the Quay is closed to all traffic except motorbikes with riders paying a £1 fee to park up with other enthusiasts for an irresistible evening of serious bike devotion. From cool classics to the latest sportsters, all types of models can be seen lining up against the backdrop of Poole Harbour.

Bigger and better than ever, the friendly dedicated motorcycle rideout to Poole Quay has been the South Coast’s go-to destination for over 30 years with over 1000 riders attending the meets each week.

From the faithful regulars to those travelling long distances from across the South, Dream Machines marks the start of the summer.

And with a great selection of waterside cafes, bars, restaurants and food kiosks to enjoy during the event, it is the perfect place to relax, have a bite to eat and enjoy the spectacular display.

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The event includes a weekly “Bike of the Night” competition where this week, amongst stiff competition, Carole Maunder, Partner at Dutton Gregory, chose a Triumph Bonneville as the winning bike.

Andrew Tilley, Managing Partner at Dutton Gregory, said; “Many of our staff have an avid interest in motorcycles; from riding to riding pillion or touring and watching MotoGP, BSB and World Superbikes.”

“Dutton Gregory has been a supporter of Poole Tourism’s Summertime events for the last 3 years and we’re delighted to be able to partner with them again on this event.”

‘Dream Machines’ runs from now until the 25 September. For more information contact Poole Tourism on 01202 262600 or email Sue Murphy, Head of Marketing at Dutton Gregory on contact@duttongregory.co.uk

Happenings in Hampshire

Lamb Brooks boost Family Law Team Leading Basingstoke law firm Lamb Brooks is delighted to announce the appointment of Rob Parker.

Rob joins the firm this April as an Associate to strengthen the Family Department, bringing with him a wealth of experience and enthusiasm.

cohabitation agreements, pre/post nuptial agreements, change of name deeds and the documentation needed for getting married abroad.

Rob has over 10 years’ experience as a family law solicitor resolving a wide range of matters, including cohabitation, divorce and separation and children matters. He has a particular specialism in addressing complex financial matters when it comes to relationship breakdown, often involving valuable properties, business interests, pensions, inheritance, trusts and overseas assets.

Rob understands that working as a family lawyer isn’t always about the ending of relationships, but also about joining and creating families too. He therefore also regularly advises on

Managing Partner, Andrew Lowe commented: “As a firm committed to attracting and developing top talent within our town, the Partnership are thrilled to welcome Rob to the team and we look forward to working with him” Commenting on his new position Rob said: “Lamb Brooks has a terrific reputation in Basingstoke and I am delighted to be joining the team. I look forward to helping to drive the family department forward in 2018 and beyond”

Stephanie Hollidge-Goode – A Local Legal Legend Local solicitor and mediator, Stephanie Hollidge-Goode, who has been fighting cancer, died peacefully on 2nd April 2018.

Many will have known Stephanie for her work as a solicitor in Alton, and later as a family law mediator in Hawkley. Others will have known her for her work with Alton College, Empshott Church and various charities.

Stephanie graduated in 1973 with a honours degree in English and Education.

She then taught English at a 6th form college.

mediators, concerned that the adversarial approach of the law to family disputes was causing damage to families.

Mediation turned out to be her vocation and eventually she moved to fulltime mediation from her home in Hawkley as Downie & Gadban Mediation Services, and latterly as SHG Mediation. She retired in 2015.

As well as working in the law, Stephanie consistently supported Mervyn with his exhibitions and indeed in converting his paintings into prints and other formats.

She was a governor of Alton College from 1990 to 2004 and created the Downey & Gadban award for leadership there. She In 1978 she studied law, as she had was a trustee of Empshott Church and always wanted: a school careers advisor involved in the Friends of Empshott had said “don’t be silly – girls don’t do Church. For many years she gave her time that”. Proving that girls definitely do, she joined the Alton firm of Downey & Gadban to NSPCC, amongst other charities, in 1983, becoming a partner in 1988. She including animal welfare work. She was a was a member of Hampshire Incorporated lover of theatre throughout her life, appearing in productions of “The Law Society throughout her career.

Crucible” and “She Stoops to Conquer” in In Alton Stephanie also worked with the her younger years.

Citizens’ Advice Bureau legal panel and Stephanie helped and touched the lives of became a member of the management many others and she will be deeply committee of Alton Citizens’ Advice missed.

Bureau.

Married to the Hampshire landscape artist, Mervyn Goode, who survives her, Stephanie then set up her own art gallery in Midhurst, which she ran successfully for 2 years.

Gradually Stephanie moved into specialising in family law and in 2000 she became one of the first family law

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Happenings in Hampshire

Paris Smith announces sponsorship of Southampton Operatic Society June production at NST Campus Paris Smith LLP has announced its sponsorship of Southampton Operatic Society’s amateur production of Joan Littlewood’s ‘Oh What a Lovely War’ appearing at Nuffield Southampton Theatres Campus location in June. so many during the First World War from the perspective of the ordinary soldier.

This year marks both the centenary of the end of the First World War and 200 years since Paris Smith started in Southampton.

This collaboration further demonstrates the firms support for the city’s art scene as it now not only sponsors or works with all of Southampton’s professional theatres but also shows its backing for the city’s amateur theatrical scene.

The musical play will run from 20-23 June 2018 and highlights with great affection and respect, the huge sacrifices made by

Supporting The Royal British Legion and its Poppy Appeal, the production also boasts lots of humour and lively music.

Jo Barnard, business manager for Southampton Operatic Society, said: “We are so grateful to Paris Smith for providing this much needed support for our production of ‘Oh What A Lovely War’.

Amateur theatre is engaged in a constant struggle to fund its activities in light of rising production costs, while public funding is difficult to secure and the disposable incomes of our audiences remain largely static.

“With the support of firms like Paris Smith we hope to be able to keep providing high quality but affordable theatrical entertainment to the people of Hampshire until our own centenary in 2024 and well beyond that.”

For more information on Oh What a Lovely War and to book tickets visit www.nstheatres.co.uk

New faces at Phillips Solicitors.

Kathleen Tingle and Hannah Clark have recently joined the expanding Basingstoke law firm.

Pic (from left to right): Kathleen Tingle and Hannah Clark

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As a member of the firm’s Employment Law team Kathleen said: “I’m excited to be working for such a highly regarded and personable firm, which has an excellent reputation for its Employment Law services.”

She said: “I very much enjoy helping people get their property and financial affairs in order, advising them on everything from drafting Wills to Estate Planning – giving our clients confidence and peace of mind.”

Delighted to have Kathleen on board, Gill Brown, Head of Employment Law said: “Kathleen’s approach is very much in-line with the way we look after our clients and is a great asset to our team.”

Caroline Wallis, head of Wills and Probate said: “Hannah shares our passion for high standards of client care and is proving to be a valuable member of the team.”

Hannah, who recently became an Associate Member of the Solicitors for the Elderly, is the latest addition to the Wills and Probate team.

“The growth of our Wills and Probate team is testament to the quality of our work and reflects the growing demand for our services."

Happenings in Hampshire

Paris Smith employees to volunteer 200 days to celebrate 200th anniversary production at NST Campus Paris Smith is offering 200 days of its employee’s time towards volunteering during its 200th anniversary year.

It has offered the opportunity to all staff to participate in one day of volunteering leave during 2018, with the firm organising various volunteering opportunities which can be undertaken individually or in groups.

The firm which has offices in Southampton and Winchester, wanted to cement its commitment to supporting the local community and will undertake a variety of work from administrative tasks through to gardening and painting.

Claire Merritt, partner and leading on the initiative said: “We felt that it was really fitting for our 200th year to use this number in our mission to give something back locally. It’s our opportunity to feel the benefits of actively being out in the community but also making a difference as well. Staff will get the opportunity to work with people across the business who they might not usually work with, as well as taking away with them some great memories of helping others outside of their usual working environment.”

Pic: Claire Merritt.

From law courts to short shorts: Solicitors complete challenge in honour of chairman’s retirement Solicitors from law firm Coffin Mew faced The Gross Challenge on Sunday, a physical endurance event in honour of sports-mad former chairman Nick Gross. Six teams competed, running or walking, in challenges with the theme of the number 34 to mark Nick’s 34 years at the firm.

Nick ran 15k on Sunday at the head of team one. The incoming chairman of Coffin Mew, Nick Leavey, was there with his family offering cheers of support.

Despite the hot weather, the winning team completed the 34km challenge with a combined time of just 3:10:03 with members of the team either running a 15km,10km or 6km race or walking 3km. The team, made up of commercial property specialists, included Kirstin Kyle, Emma Montiel, Peter Fellows, Laura Bacon, Paul Slot and Ben Loosemoore.

Temperatures soared as the solicitors ran through the beautiful grounds of Lakeside, Portsmouth, before enjoying a welldeserved hog roast.

Nick Gross commented: “It has been an incredible day – it is no secret that I have a passion for running but I never expected to inspire this wonderful event!

“Whilst I am looking forward to an active retirement and will remain close to Coffin Mew, I still find it hard to believe that 34 years of full time involvement with the firm has come to an end. I am very grateful to everyone that organised and took part in ‘The Gross Challenge’, it is truly humbling to see so much effort go into celebrating my legacy.”

For more information on Coffin Mew, please visit www.coffinmew.co.uk.

Liz Cheaney, director of HR and communication, took on the mammoth challenge of completing back to back 5k runs in the 33 days leading up to the challenge. Liz faced her 34th and final run of 6k alongside her colleagues yesterday.

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Happenings in Hampshire

McBrides expands tax team with new director appointment McBrides Chartered Accountants is expanding its tax services this month, taking on a new tax director who trained and qualified with the firm 17 years ago.

Masum Ahmed rejoins from Greenback Alan and is a Chartered Tax Adviser and Trust and Estate Practitioner who qualified whilst a member of the personal tax team at McBrides in 2001.

Masum gained valuable experience at Dixon Wilson and several other leading private client firms in London and has also led the team for clients’ tax returns and tax advisory services at one of the UK’s leading wealth management practices.

A committee member of the Society of Trusts and Estate Practitioners (STEP) City branch, Masum was shortlisted for the ‘Young Accountant of the Year’ in 2010 and the ‘Emerging Wealth Adviser of the Year’ in 2011. He has also coauthored chapters on ‘Working in the United Kingdom and Working Overseas’, which were published in Tolley’s Tax Planning.

Pic Masum Ahmed

expansion of our tax team and he will be responsible, with manager Adam Hills, for providing high level personal income, inheritance and capital gains tax planning advice under our tax partner’s stewardship of the department.

“Masum has experience in providing UK tax compliance and planning advice to a variety of clients, including large professional partnerships and their partners, shareholders and directors of owner managed businesses, high net worth individuals and non-UK domiciled individuals. He is a perfect fit for the firm and our clients”.

“We’ve kept in touch with Masum since he qualified with us and we are delighted to have brought Masum back ‘home’ and look forward to further developing our tax advisory services with him as part of the team.”

Nick Paterno, managing partner at McBrides Chartered Accountants said: “Masum’s arrival marks the wider

Pic L-R Liyen Edin, Sarra Gravestock & Emma Lloyd

Biscoes Solicitors welcomes three new Associates Leading Hampshire firm Biscoes Solicitors, based in Portsmouth, is delighted to announce the appointment of three new Associate Solicitors, with effect from 1 April 2018.

Liyen Edin specialises in wills, probate and trust cases, including estate planning and administration, intestacy and Lasting Powers of Attorney. She’s also a solicitor advocate, representing defendants in criminal cases, including service personnel at Court Martial.

A Chartered Legal Executive and Fellow of the Institute of Legal Executives, Emma Lloyd is a Family Law specialist. She joined

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Biscoes in February this year following the merger with Heyes Samuel, and is based at the firm’s office in Ryde on the Isle of Wight.

Emma is a Member of the Family Law Accreditation Scheme, and has particular expertise in divorce finances and cases involving children.

Sarra Gravestock qualified as a solicitor in 2004, and is specialist in law relating to

children, including care and adoption proceedings, and dealing with Emergency Protection, Special Guardianship and Secure Accommodation Orders. For over 10 years, she’s represented the local authority Children’s Services department at all levels in court. In 2017, she was shortlisted for the Associate Solicitor of the Year at the national Family Law Awards.

JLD: LawTech survey

JUNIOR LAWYERS DIVISION

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 Mew’s offices in Southampton to talk about her experiences working in-house.

LawTech, LegalTech and AI (Artificial Intelligence) are terms that we are hearing more and more each day, in the legal media and beyond.

They describe the growing wave of technological advancements being brought into the legal workplace in order to assist the way that we work. This includes AI programs that can sort through thousands of contracts and pick out key terms, tools to help you draft more efficiently by identifying where there are missing definitions and mapping technology that helps conveyancers overlay Ordnance Survey data with information from the Land Registry.

The Junior Lawyer Division is keen to gain insight into how technology is affecting junior lawyers and how, if at all, LawTech will impact junior lawyers going forward. The JLD is therefore inviting its members to take part in a survey to better understand their thoughts on this and how best the JLD can support them.

If you are a junior lawyer or there are junior lawyers at your firm please encourage them to complete the survey which they can find at http://communities.lawsociety.org.uk/junior-lawyers/news/lawtech-andjunior-lawyers-take-the-jld-survey/5064684.article If you have any questions about the survey or would like to know more about the JLD’s work in relation to LawTech, then please feel free to contact me at jameskitching@coffinmew.co.uk.

James Kitching Executive Committee Member of the JLD & Corporate Solicitor at Coffin Mew

Hampshire Law Society Quiz Night Over 70 members attended the annual quiz night on the 17 April at the Dancing Man in Southampton. A great evening was had by all including the delicious pie supper.

Seven rounds of questions ably asked by our excellent quizmaster Carol Davies from College chambers, from sport to music plus two picture rounds challenged the legal minds resulting in a triumph for the team “Here for the pie” from Trethowans with a magnificent score of 107. They narrowly beat “Pompey Pensioners” from Churchers and “Harris Hawks” from Anthony Harris & Company into 2nd and 3rd place.

We would like to thank College chambers for their generous sponsorship without which events like this would not be possible. http://www.college-chambers.co.uk/ HAMPSHIRE LEGAL

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Council Members

Presidential Year Plan 2018/2019 Christina Blacklaws is the current Vice-President of The Law Society of England and Wales and becomes President in July.

1. Preamble 1.1 This Presidential Year will be particularly important for our profession, the legal services sector and the justice system. This plan supports the delivery of the Law Society’s Business Plan 2017-2018, the Corporate Plan 2017-2022 and the organisation’s member offer. Its focus is to enable the Society to be the voice of solicitors, drive excellence in the profession and safeguard the rule of law.

1.2 A number of important consultations and milestones (national and international) will take place during the Presidential Year 2018/19. Some of these reforms aim to change the fundamental core of the profession, the justice system and the environment in which we operate. Others give us a chance to raise awareness and celebrate diversity in the legal profession. These include: • The country’s exit day from the EU on 29 March 2019. By July 2018 trade negotiation guidelines should have been agreed, including a transition period. The withdrawal treaty should be approved by October ready for ratification (UK and EU) by January 2019.

• Important pieces of legislation will complete their passage through Parliament including the European Union (Withdrawal) Bill, Customs Bill and Trade Bill.

• The General Data Protection Regulation (GDPR) will come into force in May 2018 and there will be an ongoing need to support members to comply and to share best practice.

• The Ministry of Justice’s review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) is ongoing.

• The Solicitors Regulation Authority (SRA)’s decision on the Handbook will be issued, which will result in amendments to the Code of Conduct, Principles, Accounts Rules, Practice Framework Rules and Transparency.

• The Financial Conduct Authority will consult on the senior managers regime and the legal function.

• SRA’s consultation on personal indemnity insurance (PII) minimum terms and conditions and compensation fund will take place.

1.3 We will continue shaping and leading the discussion on Brexit to ensure that mutual market access and legal certainty are at the forefront of the negotiations. We will promote further our Global Legal Centre campaign and focus our efforts on in-house teams to encourage their use of the law of England and Wales as the governing law of contracts, the use of our courts for dispute resolution and our networks of firms to enable and facilitate their international deals.

1.4 We will continue to lead our pride in the profession campaign domestically by emphasising the work of solicitors and their contribution to the prosperity of the economy, society and our justice system and engaging with all sectors of our membership.

1.5 We will also focus our efforts on raising the profile of the organisation, supporting, promoting and representing solicitors on the following thematic areas: • Diversity and inclusion: Women in leadership in the law and social mobility • Technological innovation and the law • Access to justice 1.7 The areas of work in the Presidential Year Plan are covered by existing budgets (or explicitly mentioned if not) and aligned with the Business Plan.

2. Diversity and inclusion 2.1 The Business Plan 2018/19 states that a key objective is “to build members' reputation and business by promoting the value of solicitors to the public, businesses and other stakeholders, at home and abroad” (objective 1) and “increase levels of member engagement with TLS and levels of awareness of our offer” (objective 2). These objectives will be delivered by promoting diversity and inclusion in the legal profession and particularly, the contribution of women in leadership in the law and social mobility within the profession.

2.2 This workstream relates to the common core and practice enabler elements of the member offer. It aims to complement our work to “influence for impact”, promote pride in the profession and provide firms and in-house teams with the tools needed to ensure diversity and inclusion.

• The centenaries of some women being able to vote and all women being able to enter the profession will take place during 2018- 2019.

2.3 Women in leadership in the law

• The 10-year anniversary of the UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) and the 70th anniversary of the Universal Declaration of Human Rights will take place in 2018.

2.3.1 The centenary of women being able to vote and to enter the profession and the 10-year anniversary of the UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) fall within the Presidential Year. The foundations for this

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Council Members

work have been laid during 2017 and early 2018, through the Law Society’s rule of law programmes and the women in the law workstream, which resulted in a substantive piece of quantitative research in collaboration with Lexis Nexis and supported by the Women’s Interest group of the IBA. (annex 1 – results of the survey).

2.3.2 The objectives of this programme are: • To position the Law Society as a central stakeholder to the debate on women in leadership in the law.

• To be a thought leader with whom all parties (political and nonpolitical) want to engage and become the go-to organisation for our members for guidance, advice and assistance on matters related to women and the law.

• To address matters relevant to women’s rights and gender equality domestically and internationally within the legal sector and the judiciary.

• To promote and support gender equality in the legal sector.

• To level the playing field for all women working in law irrespective of role and to include business service professionals and the judiciary.

2.3.3 The main activities and outputs which will take place during the Presidential Year are: • Academic literature review – This programme will harness the knowledge gained through academic research of women in the law (domestically and internationally), which will enable us to gain insight, identify best practice and build on lessons learnt. It will take into account the results of our own survey, which was undertaken as part of this programme between November 2017January 2018, and which produced the largest global survey response rate ever achieved on this issue. We have the financial support of Lexis Nexis and, potentially, the International Bar Association. The resulting report will inform the specific questions to be addressed through the roundtables and will be available by May 2018.

o A women lawyers twinning programme to enable women in England and Wales to build sustainable relationships with women lawyers in other jurisdictions o An Equal Pay toolkit- best practice and examples of how to successfully change the gender pay gap o An unconscious bias toolkit with training and suggested best practice o A HeforShe toolkit- the business case and research basis for gender equality, successful examples, influencing skills support to enable women to engage with male leaders in their businesses to promote positive change.

• Evaluation of the pilot roundtables - Once the initial UKbased roundtables are completed they will be evaluated to determine the level of success and subsequently whether it is suitable to extend the syndicated roundtables to other jurisdictions. Extending the remit of the project would permit comparisons to be drawn between the various jurisdictions and enable commonalities to be identified. As well as identifying issues and obstacles in the profession, the roundtables will provide insights into obstacles to leadership positions in the profession. This will be available for International Women’s Day, March 2019.

• Evaluation of the ‘call to action’ - An impact assessment will be undertaken 6 months after the close of the roundtables to evidence the difference that the activities have made. This will be available for May 2019. We are in discussions with Lexis Nexis and the IBA around funding for this part of the project.

• Final report and international symposium - The findings of this work will be put together in a final report that will be made available to all our partners and stakeholders. We will host an international seminar in June 2019 to disseminate our findings and pass the baton on to the international community. Further work will be required to take forward recommendations for positive change, headed by the Law Society. We will aim to make 2019 the ‘Year of the Woman Lawyer’. We are in discussions with Lexis Nexis and the IBA around funding for this part of the project

• Qualitative research and roundtables – This research will help us gain more in-depth insights into the experience of women in the profession today. A pilot nationwide programme of syndicated roundtables will be organised by the Law Society, as well as in other jurisdictions if possible, to supplement the research on career barriers. Leading individuals in the profession, local Law Societies, GC groups and representative bodies have volunteered to host roundtables. The Law Society will run 10 roundtables and we aim to empower a further 90 women lawyers to host their own roundtables and supply us with the results over summer 2018. We have applied for funding for this project from the IBA which could enable the Law Society to facilitate more sessions.

• Promote fair recruitment practices including supporting and promoting more firms to use ‘blind’ and contextual recruitment practices, including supporting the sustainability of the Diversity Access Scheme and the Diversity Charter.

• Toolkits - A core group of women leaders in law support the programme and are developing the toolkits for the roundtables.

• Encourage law firms to adopt practices to secure fair pay, particularly for internships and work experience.

• Call to action - One of the most important aspects of the roundtables will be the final questions or call to action.

Recognising that all the women present have the potential to be leaders, the Law Society will prepare some packaged opportunities to empower each woman, and each group of women, to consider and possibly take forward a new activity either in their firm or business, within their community, or the wider national or international community.

• Champion personal development initiatives to provide solicitors with the tools to overcome lack of confidence and other barriers.

• There will be 5 specific toolkits: o An infographic to enable women to collate data about the women of influence in their firm/ business. We will ask them to send us photos and press cuttings for the First 100 Years archive in the British Library. We are also collaborating on a book.

2.4 Social mobility 2.4.1 During the Presidential Year, we will continue to support the existing work of the Diversity and Inclusion team and actively campaign to encourage access to the profession for the best candidates, regardless of their social background.

2.4.2 Some of the key activities for the year will be to:

• Regional coverage: to support solicitors to be able to drive, prioritise and promote fair access opportunities across England and Wales.

• Work with firms, legal businesses and other organisations to support and promote the work of PRIME and other similar initiatives.

• Promote the importance of diversity in the legal profession at all levels and across England and Wales, including the Welsh Government and Welsh Assembly and celebrate the work of our members in furthering this aim • Increase the visibility of the work of our sections and divisions.

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Council Members

3. Future of legal services 3.1The Business Plan 2018/19 states that a key objective is to “protect and grow the value of the profession and safeguard the rule of law by influencing the legal and regulatory environment at home and abroad.” (objective 3) which will be delivered through “developing a programme of work – currently conceived as the Public Policy Forum – on the effects of AI and transformative technologies to support and guide innovation by members and to innovate ourselves.”

3.2 These activities relate to the common core, informed source practice enabler elements of the member offer. Particularly, these aim to complement our work to ensure solicitors feel competent in their roles, able to demonstrate value to their clients and be competitive in the market.

3.3 We will continue to support the Law Society’s work on the future of legal services with a focus on technological innovation as a driver of change. To further enhance this work, we are launching a Technology and Law Policy Forum . The main aims of the forum are: • Platform. To harness the Law Society’s convening power by offering a neutral platform for academics, policy makers, lawyers and technologists to address pressing legal and ethical challenges of technology.

• Roundtables. We will host a series of roundtables with experts and with high profile chairs – which will be part of our thought leadership programme.

• Report. We will publish a report that will highlight the issues and suggest potential solutions.

3.4 The first theme that the Forum will address is the intersection of law and human rights. We will explore whether the current human rights framework (which dates largely from the 1940s) is fit for purpose and what human rights law should look like in the context of rapid technological change.

3.5 In addition, we will continue to engage with the developing legal tech start up community to influence the design and development of appropriate products and services for the profession.

3.6 We will also look to support the profession through engagement via roadshows, guidance and access to new technology, to give them the opportunity to make properly informed decisions about technology and their businesses.

4. Access to justice 4.1 The review of LASPO will be ongoing and access to justice will continue to be a key focus. This workstream relates to the common core and practice enabler elements of the member offer. Through our campaigns, policy work and public affairs engagement we will be promoting the rule of law and the integrity of the justice system.

4.2 We will continue to campaign for access to justice and reiterate the responsibility of the Government to provide a fair and adequate system of justice. We will increase the profile of our early advice campaign and the legal aid deserts campaign.

4.3 We will continue making the argument to decision makers that pro bono legal advice must never be viewed as a substitute for a properly funded legal aid system, whilst at the same time supporting the profession to conduct pro bono.

4.4 We will also provide clarity for people affected by the Grenfell fire and solicitors advising them, to ensure those affected have access to justice. As Vice-President I have chaired the Grenfell Lawyer’s Forum and I will continue to do so during my term as President.

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We will also be seeking to influence the Government on issues raised by the Forum, where appropriate and promote the work of the Forum in the press, where appropriate. In addition to this, we will continue supporting the programme of court reform provided it does not hinder people’s ability to access justice.

4.5 To further pursue this aim, we will continue to support lawyers doing pro bono work and continue to put in place the necessary arrangements to provide emergency pro bono support in disaster situations.

5. Mental health and well being 5.1 Mutual respect, inclusion and a celebration of diversity will be watch-words for my presidential year. Whether in law firms, legal businesses or within our own Law Society, working with colleagues, I will strive to ensure that together we can build a more collaborative, understanding and supportive environment for all.

5.2 In 2016, the Law Society's annual PC holder survey found that 97% of the profession have experienced stress in their role and 21% of whom have experienced extreme levels of stress. This is a 5% increase since 2013. When asked what were the causes of this, 52.6% reported workload as the highest indicator, 37% reported client expectations and 20.7% of respondents reported deadlines and targets.

5.3 A survey led by the Junior Lawyers Division last year also showed more than 90% respondents had experienced stress in their role. 26% said that they have experience severe extreme levels of stress. In addition, more than 25% of respondents stated that they had suffered with a mental health problem in the last month (whether formally diagnosed or not) with only 23% telling their employer about it.

5.4 I will champion the Law Society’s programme of work on mental health, wellbeing and resilience in the workplace. I will continue to support relevant research in this area as well as the publication of best practice guidance.

5.5 We will continue to offer solicitors and HR professionals mental health first aid training in both England and Wales. We will support employers to safeguard and promote resilience and wellbeing of employees in the workplace by focusing on support, education, training and culture.

6. Shaping our future 6.1 I will support the work being led by the Executive Team on shaping the future of the Law Society, including being a Culture Code advocate.

I look to all my friends and colleagues to help achieve this ambitious agenda. Together, we can…

Christina Blacklaws Vice-President of The Law Society of England and Wales.

HAMPSHIRE LAW SOCIETY

Hampshire Law Society

LEGAL AWARDS 2018

Presents

ANNUAL DINNER AND AWARDS 2018 Thursday 17 May 2018 Hilton Hotel at the Ageas Bowl, Hedge End

Following the continued success of the awards ceremony and annual dinner we have booked the prestigious Hilton at the Ageas Bowl for this year’s event. The theme for this year will be “Hampshire” from holding the event at the home of Hampshire cricket to our speaker born and bred in Southampton and sourcing the food and drink locally re-dinner drinks will take place from 1800 with beer tasting from a local micro brewery.

This will be followed by a privately catered 3 course dinner in the Ballroom.

The awards will be presented after dinner and the entertainment. This year there will be the opportunity to nominate for 4 awards

• Solicitor of the Year • Junior Solicitor of the Year • Firm of the Year (large) • Firm of the Year (small)

A quality after dinner speaker has been booked. BBC presenter and naturist 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, swat 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

Sponsorship opportunities exist for the dinner.

Please contact Alison Plenderleith on 07429 523183 bdo@hampshirelawsociety.co.uk for more details 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

Training

HAMPSHIRE LAW SOCIETY – CPD events Civil Litigation Update

Employment Law Update 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.

The speakers will be Barnaby Large and Edward Hurley from No 18.

This seminar will include a general update including • Compromising Litigation • Findings of fundamental dishonesty • Qualified one way cost shifting

Tuesday 8 May 2018

Conveyancing Update

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

Tuesday 15 May 2018

Family Law Update

Property lecture

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.”

• Money and private law update • Vulnerable witnesses • PD12J – the amendments • Schedule 1 • Anything else topical at the time

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.’

Thursday 7 June 2018

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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Article

Why are rents payable for leasehold property becoming more of a ground for concern?

Leasehold Property is a hot topic in the current Legal Press with both commentators and indemnity insurers alert to the potential rise in claims against solicitors relating to long leasehold transactions. he Government issued a Consultation in the summer of 2017, which produced over 6,000 replies and, following consideration of these, has produced proposals to crackdown on unfair and abusive practices in the leasehold system. One of the biggest focus areas is Ground Rents.

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Traditionally, ground rents were nominal sums ( £50 per annum).

However, more recently Landlords are endeavouring to grant leases, or lease extensions, with ‘modern’ ground rents of £200 doubling every 10 years. After 60 years the ground rent will be £12,800 and at the end of the term, on a new 125 year lease, it will be £819,200 per annum. It is easy to see how this would have a significant effect on the value of the property!

Developers have seen an opportunity to make ‘easy money’ and have been selling houses on a leasehold basis. The latest estimate is around 1.4 million leasehold houses and so this issue has the potential to affect the whole property market, not just flats. National developers, Taylor Wimpey, have been on the receiving end of some very negative publicity for imposing escalating ground rent clauses in leases of its new homes, but it is not the only developer to take advantage of the current lack of legislation in this area and surreptitiously generate a rather healthy income for itself. Indemnity insurers are predicting a spate of claims relating to improper advice on rising ground rents.

payment to reflect the loss of income from the ground rent for the original term. With a ‘modern’ ground rent of £200 doubling every 10 years the value of this is likely to be so high as to be prohibitive to the Flat Owner, meaning that they cannot afford to extend their lease at all. By the same token, collective enfranchisement claims may be scuppered if one or more leaseholder(s) in the block has onerous ground rent review provisions in their lease. Unscrupulous Landlords have long tried to tempt Flat Owners to accept onerous ground rents by offering a relatively cheap up-front premium and sadly, those who have been poorly advised, are now realising that any potential saving was, in fact, a false economy.

Leasehold property is a minefield. Practitioners need to be alert to the risks and address these when advising clients. Any legislation enacted to regulate the leasehold market is unlikely to be retrospective and so the problem doesn’t appear to be one that will disappear any time soon.

Sam at Glanvilles

It is not just the buyer that solicitors need to consider, there is also the lender. A lender may have a complaint if it was not advised of any onerous ground rent provisions in a lease. The UK Finance Lenders Handbook (previously the CML Handbook) requires solicitors to report “any increase in the ground rent [that] may materially affect the value of the property” (para 5.14.9). There is also the consideration of ‘Good and Marketable title’ under para 5.6.1. Both Nationwide and Yorkshire Building Society have changed their CML requirements in relation to acceptable ground rents meaning buyers are finding it harder to get finance.

Another fast emerging risk is the possibility for the provisions of the Housing Act 1988 to bite. This Act came into force in January 1989 but the problem has only recently been recognised. The issue surrounds leases where the ground rent is, or will during the lease, be £250 or more (£1,000 or more in London). The lease then falls within the provisions of the HA 1988 and becomes an AST. The problem is centred on Ground 8 of Part I of the Second Schedule which provides that where x rental payments are missed in a given period the Landlord may apply to the Court and the Court must, without discretion, terminate the lease and award possession of the property to the Landlord (i.e. the freeholder).

The power to grant relief does not apply to ASTs. Historically, the vast majority of leases have fallen outside of these provisions but with the rise of ‘modern’ ground rents then this issue now affects hundred and thousands of leases.

Another issue is leasehold enfranchisement. Flat Owners who wish to extend their lease under the statutory provisions contained in the LRHUDA 1993 and reduce their ground rent to a peppercorn will find that any onerous ground rent is likely to scupper any extension claim. Under Schedule 13 of the 1993 Act the Landlord is entitled to be paid a sum for the reduction in the value of the Landlord’s interest. Put simply, this is a

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Article

The importance of a property survey Buying a new home is a major financial commitment – probably one of the biggest you’ll ever make.

But surprisingly only 20% of people get a professional property survey before buying a home. It’s not a legal requirement to have a survey and may seem like an unnecessary additional expense. However, a survey could both save you money and give you peace of mind. ut simply a survey is a detailed inspection of a property’s condition to enable you to make an informed decision.

Any problems it reveals may allow you to ask the seller to fix them before you proceed with the purchase or renegotiate the final sale price

THE BUILDING SURVEY The main details of the Building Survey will include all the aspects of a home survey plus a more detailed analysis of the property’s condition and is generally better for properties that: • are much older and built more than 100 years ago • have undergone major extension or alteration A survey is especially important if you are looking to buy a listed • are much larger and offer extensive accommodation or very old property or one that’s not of conventional construction.

• you plan to alter in the future But equally don’t be fooled into thinking that modern properties • are of non-traditional construction are without structural issues.

It is more expensive than a home survey, the price will fluctuate if you are getting a mortgage to buy your home, the lender will according to the size of the property and its condition, the carry out a mortgage valuation of the property. This can give you approximate value of the house, its location and which surveyor or a rough idea of whether you are paying too much (or tool little!) company is used to carry out the inspection. The Surveyor will for a property. this is not a survey and is just for the benefit of the look at: lender to assess its suitability as security • All major and minor faults found within the property, and the implications that these will have.

What kind of survey should I get?

• Testing for dampness of the walls, and results for these tests.

There are different types of survey, which vary in depth of • Testing of all woodwork for damp and woodworm, and the inspection. Examples of these are: results of these tests.

THE HOMESURVEY REPORT • Investigation into the condition of damp proofing, insulation and A Home Survey Report is suitable for most conventionally built drainage, although the drains will not actually be tested. residential properties, constructed since around 1900. Properties • Technical information about how the property was construction, that are of non standard construction, thatched or very old or and all materials which were used in the process. thatched for example may benefit from a more detailed Building • Information about the location of the property.

Survey. Your Surveyor will be able to advise on this during • Proposals for any further special inspections and subsequent initial conversations. work which may need to be done on the property.

The main details of the Home Survey be based on what the These surveys are much more detailed and provide a Surveyor can actually see (which doesn’t include lifting comprehensive report about the current condition of the property. floorboards or moving very heavy furniture) will include: It will contain a large number of photographs to illustrate the • Looking at the general condition of the property and assessing issues raised in the report. This type of survey is the most its major faults (including an overview of the service installation) thorough one available, and each one can take several hours to • Assessing whether any of the major faults will need repairing complete. The survey will examine all accessible parts of the • Assessing and reporting damp in the walls and woodwork, and property and, if you wish to have any specific areas looked at, any woodworm also. this type of survey is the right choice.

• Assessing the condition of damp-proofing, insulation and Who does the survey? drainage (although drainage will not be tested).

• Comments on any major defects likely to affect your decision to It’s crucial to use a reputable qualified surveyor. Choose a surveyor who is a member of The Royal Institution of Chartered buy the property Surveyors or RICS. www.rics.org. or the Independent Surveyors • Comments on the overall condition of any permanent and Valuers Association (ISVA) www.surveyorsweb.co.uk. Check outbuildings and in relation to the site they have adequate professional indemnity insurance and know • Recommendations for any further surveys and investigations the local area. This will help in terms of knowledge of soil types, that may need to be performed on specialist areas before the flood risk etc. Your Estate Agent or Solicitor should be able to help contracts should be exchanged. with this too.

• Any points you should refer to your legal advisor

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• The option to include the estimated rebuilding (or reinstatement) The decision to have a survey rests with the buyer but with a survey often costing a fraction of the purchase price it is better to cost of the property for building insurance purposes (if required be safe than sorry. by the client and if the surveyor agrees to provide this service).

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Article

High Court awards elderly lifelong cohabitee outright transfer of property and capital sum in Inheritance Act claim Practitioners, judges and litigants alike have long grappled with what constitutes “maintenance” for the purposes of making an award to an eligible elderly claimant under the Inheritance (Provision for Family and Dependants) Act 1975. he often cited cases are Re Krubert [1997] Ch 97, Re Myers [2005] WTLR 851 and, indeed, the recent Supreme Court decision in Ilott v. The Blue Cross and others [UKSC] 17 where the courts appeared to favour a life interest over an outright transfer of capital.

Thompson v. Raggett and others [2018] EWHC 688 (Ch) is a case in which I acted for the successful claimant, Joan Thompson. The facts are straightforward. Joan and the deceased, Wynford Hodge, had been cohabiting for 42 years.

Joan was financially dependent on Wynford who assumed responsibility and control over all finances, even collecting Joan’s pension for her.

Wynford and Joan had built up a successful caravan park business and asset portfolio, in Wynford’s sole name, in West Wales and, on death, his net estate was valued at a little over £1.5m.

Wynford’s last will (there were eleven in total, six in the last six years) entirely excluded Joan and, in a letter of wishes accompanying that will, his reasons for doing so were that: “Joan has her own finances and is financially comfortable. Joan has her own money and savings.”

The court disagreed both as at the date of trial and historically. Indeed, this was precisely why Joan had to issue a claim as a cohabitee,

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alternatively as someone who was being maintained by Wynford immediately prior to his death.

Eligibility was not an issue, only quantum.

Ultimately, HHJ Jarman QC, sitting at the Cardiff District Registry, awarded Joan the outright transfer of Elidyr Cottage, the property where Joan and Wynford had intended to retire and valued at £225,000.00, along with a cash lump sum of £188,845.76 in respect of her future maintenance and costs of refurbishment.

HHJ Jarman’s reasons for a “clean break” award is set out at paragraph 40 of the judgment. In short, this was on the basis of the “very long period of cohabitation”, to provide a clean break and given that it was anticipated that Joan’s son and daughter-in-law would be caring for her.

A further factor to which the judge gave great weight under s.3 of the Act was the obligations and responsibilities which Wynford owed to Joan as compared to those of the defendants; “the disparity in this regard” he said, “is wide indeed”.

The judgment confirms that it is not an absolute rule that a life interest must always be awarded for elderly claimants. The courts will consider the specific facts of each case and are comfortable awarding capital transfers despite the guidance from the Supreme Court in Ilott.

Vlad Macdonald-Munteanu,

WHY IS STAMP DUTY LAW SO CONFUSING? and could your clients be due a refund?

Stamp Duty Land Tax is commonly known as Stamp Duty or SDLT and was introduced in 2003. It was initially a relatively straight forward duty to calculate, administer and collect until Parliament started to make changes to it.

What if one house has an annexe, or detached property in the grounds?

Mr & Mrs Davies purchased a 3-bedroom house in June 2017 for £675,000. Attached to the house was a garage; the upper floor of which had been converted into a bedsit. The bedsit was not occupied on the purchase date but was suitable for use as self contained living accommodation. The couple did not own any other residential property and were advised to pay Stamp Duty of £23,750 on their purchase. We subsequently reviewed the purchase for them and confrmed the Stamp Duty charge should have been £13,750.

Statutory reliefs and allowances were overlooked, and we were able to help the couple claim a £10,000 refund from HMRC.

There are complex rules surrounding the purchase of properties that include an annexe, basement flat, or other residential property in the grounds such as a detached holiday cottage, an apartment above a garage or even staff accommodation. Therefore, mistakes with the calculation are made and opportunities to claim statutory reliefs and allowances are overlooked. Take the following example:

We are more than happy to have a conversation with those that fear their clients have overpaid and want our help to assist with claiming a refund on their behalf. If you also have clients that are about to embark on a similar purchase please get in touch so we can ensure you advise your clients to pay the right amount of Stamp Duty. Not too much and not too little.

he first significant change was in December 2014 and a subsequent change came into effect in April 2016 when the 3% surcharge on the purchase of second homes and buy-to-let investments was introduced. These changes have created uncertainty and complexity when calculating the duty due and so overpayments arise. Overpayments can be recovered from HM Revenue & Customs (“HMRC”) provided a claim is submitted within the required time frame which is generally 13 months after the purchase date.

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Stephen Griffiths

HAMPSHIRE LEGAL

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Mediation

New Wave ADR Dr Karl Mackie CBE, CEDR’s Founder President and James South, Managing Director of CEDR talk about the current potential and challenges of Alternative Dispute Resolution (‘ADR’) and their hopes and vision of the future.

Dr. Karl Mackie CBE

James South CEDR Managing Director

“I have had a great opportunity in the last year, after stepping down as CEO of CEDR, to look afresh at the ADR field. It remains as interesting, and challenging, as when I first ventured to promote the practice over 25 years ago With opportunity now to focus full-time on my own practice as a neutral, I get the added pleasure of seeing more often the results the process delivers for individual clients and professionals in the richness of everyday specific disputes.

Nevertheless, I am conscious of some alarm bells. Lawyers I meet refer frequently to their dissatisfaction from previous experiences that the process (and by implication some Mediators) can sometimes be too formulaic. In turn, Mediators can feel frustrated by the quality of engagement of some lawyers, and by the limitations of a typical one-day mediation model.

Internationally too, the process has its frustrations. There is continuing debate in parts of the US on whether the joint plenary delivers enough value, and some sense that lawyers want to restrict the process to a game of offers, shortcutting the intellectual cut-and-thrust of exploratory sessions with the other party and/or mediator. New institutions, like the Singapore International Mediation Centre, are promoting variations to the process through routes such as Med-Arb Rules.

CEDR has built up a phenomenal range of new ADR experience through the growth of its adjudication and arbitration work, particularly in small claims and consumer disputes – we have almost by stealth become probably the largest organisational provider of arbitration in the UK! We also continue to extend our reach into facilitation, investigations, conflict coaching and other more complex independent interventions.

Last year, the International Mediation Institute (IMI), in the culmination in London of a notable series of international data-driven ‘Pound Conferences’, ventured to suggest that there might be room for a new initiative in ADR, a refreshed initiative similar in impact to that begun by Professor Frank Sander in the USA when he described the ‘multi-door courthouse’ concept at the Pound Conference in the 1970s.

Finally, in my 30-year mediation career I have been privileged to observe the flexibility of mediation and its adaptability to numerous contexts, and have helped pioneer its usage in multiple arenas – commercial litigation and contracts, employment & workplace, IT, insurance, tax, probate, property, clinical negligence - and many others including most recently in human rights and multinational conduct.

But I am conscious that the full potential of ADR is not yet tapped and that the time is right for a new wave of thought leadership: to promote even greater integration of an ADR skill-set into our legal, commercial and social institutions, to rethink processes and rules, and to rethink our approach to training and professional development and organisation. Although I will retain an active interest in guiding the field forward, it is a fitting time to hand over the reins to CEDR’s new Managing Director James South to shape CEDR’s vision and operations.”

“Having worked as a mediator, consultant and trainer for 24 years, in over 30 jurisdictions, advising organisations such as the IFC/World Bank, UNHCR and the Foreign and Commonwealth Office, I echo Karl’s sentiments that there is an appetite to look at a more creative use of the mediation process. This will allow ADR to respond to a variety of different issues – both contentious and, even more relevant perhaps, processes that can effectively head off the contentious. My recent work on behalf of CEDR with Boards around the world on how to effectively resolve Csuite conflict, is but one example.

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To ensure CEDR and our field remains current, I am committed to addressing this desire for creativity and renewal and other burning issues such as diversity and leadership. CEDR’s focus over the coming years will therefore be to encourage new thinking, a refreshed and revitalised process assessment and one that better matches the individuals and organisations it is designed to assist. We will lead the diversity debate – how do we ensure that the mediator profession reflects the community it serves? How do we help the leaders of the future to develop their negotiation, mediation and conflict management skills so that they can bring about better conflict outcomes and a better world? To that end, two core Foundation (not-for-profit arm of CEDR) activities are: the New Dialogues programme that seeks to provide young leaders across all sectors of society with the 21st Century conflict and negotiation skills needed to thrive in both their professional and personal lives; and, secondly, a project looking specifically at the barriers faced by those from diverse backgrounds in being trained, gaining experience and being appointed as mediators.

“CEDR will help leaders of the future to develop their negotiation, mediation and conflict management skills so that they can bring about better conflict outcomes and ultimately a better world.”

Finally, our field needs to embrace the rapid increase in the use of technology in modern professional life, and actively work to incorporate technology in the training of mediators and delivery of ADR services.

As always we are keen to learn from others’ experiences and insights.

Karl and I would be delighted if you would get in touch and share your thoughts and views on the challenges facing our field and how we might tackle them.”

Web: www.cedr.com Email: adr@cedr.com Tel: 020 7536 6000

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Keep on top of managing your AP1s with our unique dashboard.

Managing AP1s can be time consuming, especially when it comes to requisitions. InfoTrack now give you access to an innovative AP1 dashboard with multiple functions including the ability to prioritise applications, respond to requisitions and include further supporting evidence in a WhatsApp-style message exchange.

And with a tabled snapshot to manage the status of all AP1s, making it easier to submit, prioritise and respond within a single platform - using InfoTrack will make you feel like a winner, every day.

Contact us today to find out more.

Visit www.infotrack.co.uk/AP1dashboard or call 0207 186 8090

eCOS

Searches

SDLT

AP1

Land Registry

Software

Your software swap checklist: Read before you leap!

By Julian Bryan, Managing Director, Quill

Considering changing software suppliers? f, for whatever reason, software change is essential, we’ve compiled five questions to ask yourself and prospective suppliers to help you really assess your options and carefully research the marketplace before you switch over.

The preparatory stage of your software swap project necessitates watching software demonstrations, meeting key personnel, reading contractual documents, including terms and conditions, asking this series of probing questions then evaluating your combined results.

As an evolving profession, it’s easy to see why law firms upgrade their systems from time to time. You may expand or contract in size, adjust your area specialisms, accommodate new legislation and reform, merge or separate, face ever-more-demanding clients or maybe you simply made the wrong technology choice in the first place and support from your existing supplier is poor.

Software purchase isn’t a straightforward decision because there’s an inevitable time investment on your part as you roll out new systems.

Your new supplier can, of course, ease this process by assisting you throughout implementation, data transfer and end user training. This is a major contributory factor to any successful conversion.

Selecting the right technology partner, then, is paramount, particularly as this is possibly the beginning of a long-lasting working relationship between your two businesses. If your legacy IT infrastructure is ill suited to your current and future requirements, it’s time to tackle those tricky software decisions.

When it comes to the all-important questioning phase, here are the five questions:1. Are you happy with the system's legal accounts and compliance capabilities?

Accounting functionality should be easy to use by fee earners, cashiers and managers alike, in order to simplify logging of expenses, billing, posting of e-chits, monetary transfers, bank reconciliations, supplier payments, financial reporting and other accounts-related tasks. A single system for client and office accounts is much preferable, otherwise you’ll be constantly toggling between applications and wasting valuable (potentially chargeable) time in the process.

Compliant accounts management is dependent upon accuracy and due diligence. Search for a package that comes with an in-built warning system, automatic anomaly reports, AML scanning, identity verification, conflict checking and other risk management tools so that compliance with the SRA Accounts Rules, CLC Accounts Code and Scottish Accounts Rules is assured.

2. Have you established your exit strategy if your software choice doesn't work out?

Contracts are occasionally outgrown. Check under what types of circumstances the contract can be terminated, specified notice period and what happens post-termination. For example, your supplier should act as the custodian, not owner, of your data and documents. Ensure everything’s exportable upon migration, and that formats and names are preserved.

Thereafter, your supplier should delete from their stores, otherwise you’ll fall foul of data protection rules. With imminent Data Protection Bill and GDPR laws coming into force this May, your duties in this

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respect are more onerous than ever before. Heavier too are the fines imposed for non-compliance. Your supplier must follow the right procedures in safeguarding your valuable data.

3. Does your potential software supplier belong to the Legal Software Suppliers Association (LSSA)?

The LSSA is the UK body for legal systems developers and vendors whose aim is to set and maintain professional standards within the sector and manage areas of mutual interest between solicitors, legislative bodies, government agencies and software houses.

As such, member firms are bound by the LSSA’s strict rules and code of practice. For you, this provides a guarantee of the highest quality software and highest standards of service.

4. Can you speak with a real human being on the phone for help and support?

Will you be dealing with an actual person when you become an end user? Sometimes there’s no substitute for being able to pick up the phone and speak with someone who understands what you’re going through and can rectify your dilemma.

Consider time zones, standard support hours and availability of extended out-of-hours support. What promises are made within SLAs with regards to system uptime, monitoring, maintenance and service responsiveness? These metrics provide your business continuity and disaster recovery plans.

For those busy periods during which phone interaction just isn’t possible, of course, email, fax and online chat options are important too. It’s highly likely you’ll utilise all these communication methods as time progresses.

5. What's in the contract and can you digest at length before signing?

It’s the small print that often causes problems. Look at assigned liabilities, responsibilities and disclaimers. Don’t be rushed into signing contracts without having been given sufficient time to read and analyse first. If your supplier is forcefully requesting your signature, and you feel pressured to commit against your will, alarm bells should be ringing.

Contracts signed in haste often lead to disappointment and / or surprise, escalating costs. There’s a justifiable reason why contracts are lengthy documents. It’s a legally binding agreement between you and your supplier. Insist on having the necessary time to pore over the content of your contract, and only sign when you feel ready and comfortable doing so.

To conclude, by following this plan, you’ll find out exactly what being a client will feel like, both in terms of software usability and staff interaction, as well as what happens should you later decide to cancel your subscription.

While this is certainly a good starting point to your software swap, it’s by no means an exhaustive list. There are other pressing questions to ask, not least regarding cyber security measures, data centre credibility, industry track record and live reference sites. To contact the Quill team, call 0161 236 2910, email info@quill.co.uk or visit www.quill.co.uk.

Conveyancing

Reducing risk in conveyancing: are you using a full flood assessment?

Jonny Davey

In these days of digitised property information, conveyancers have a wide choice of search reports at their fingertips when considering how to best identify risk for their client’s chosen property. What is surprising, is that only about 17%* of orders placed with Geodesys, include a full flood assessment, meaning a large proportion of homebuyers are unaware of potential flood risk.

H

ome owners tend to have both insurance and warning systems in place to protect themselves against fire and burglary, yet very few take steps to reduce the chances of their property being flooded. This is quite worrying given that the average cost to rectify flood damage stands at £28,000, compared to the average £7,200 to fix fire damage, and £1,000 on resolving damage after a burglary.

What are the risks?

According to the latest information from the Environment Agency, the UK currently has 5.9 million properties at risk of flooding, equating to one in six homes being at risk – an increase of 400,000 properties since just 2013.

Flood damage devastates memories, lives, and properties. It can increase the risk of illness and it costs large sums of money and time to put right.

In terms of monetary disruption, not only will flooding affect the price of buildings insurance, but it will also cause disruption later on, when obtaining a mortgage and eventually reselling the property.

Educating homebuyers Flooding can happen anywhere, even if a property is not next to the sea or a river. Surface water flooding is caused by prolonged, heavy downpours in built-up areas and in recent years has been responsible for many incidents. Non-permeable surfaces restrict absorption of the water into the ground so it ends up flooding rivers and drains. In spite of surface water flooding making headlines, it’s still an area that’s not well-understood by the average homebuyer.

It’s no longer enough for conveyancers to rely on the Property Information Form (TA6) to identify whether a property is at risk of flooding. Last year saw Paul and Hazel Edwards from Newcastle make national news headlines after their property was flooded. They sued the previous owners of their house, claiming that a Facebook photograph proved they were hiding a flood problem that hadn’t been revealed on the Property Information Form.

The benefits of a full flood assessment Although there are a number of flood reports on the market, conveyancers should look for a residential property search that gives them a full assessment on the different types of flooding, plus information on insurability. A full assessment will also give details of whether a property qualifies for Flood Re – an insurance scheme set up to help households who live in a flood risk area find affordable home insurance. Search reports with flood risk assessments for residential properties include: • Landmark Homecheck Pro Flood • Groundsure Homebuyers • Groundsure Flood • Groundsure Avista • Landmark Riskview Residential For information on sewer flooding conveyancers should refer to the CON29DW Drainage and Water report, which is also an essential part of the conveyancing process.

Geodesys offers a number of flood searches and the CON29DW, providing conveyancers with sound knowledge of any flood risks to their client, enabling them to make better, informed decisions about their purchase before proceeding further.

To find out more visit: http://www.geodesys.com

Jonny Davey Geodesys Product Manager – Conveyancing

*17% quoted is based on an analysis of Geodesys orders for search reports April 2017 – March 2018

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Conveyancing

LEAP launches conveyancing accreditation scheme Best Practice Standard ensures service excellence with independent auditing LEAP, the world’s leading cloud software provider for small to mid-sized law firms, announces the launch of the Best Practice Standard for conveyancing. The scheme is aimed at assisting law firms to achieve and maintain the highest standards of conveyancing.

One key element of the Best Practice Standard is that a firm has independent audits performed quarterly by a third party. These are undertaken remotely by the Centre for Assessment (CFA) with a detailed analysis of the law firm’s processes and a full report is fed back to the law firm, with a clear traffic light system reporting on areas such as client care, AML, risk and compliance. The CFA also undertakes accreditation for the Law Society and is the trusted delivery partner for the Cabinet Office. There is no charge to a firm for the quality audits nor the Best Practice accreditation.

Best practice is ensured when processing conveyancing transactions from within LEAP software. A firm’s reputation is maintained and validated through quarterly independent audits, which gives confidence to the firms’ clients and displays a commitment to service excellence.

Achieving the standard will help a firm attract new clients and potential referrers which will help a firm grow its conveyancing business and build lasting relationships with its clients.

Adherence to the LEAP Best Practice Standard aids compliance and reduces risk. By achieving the standard clients are displaying proactive risk management which has the potential to lead to savings elsewhere, for example professional indemnity insurance cover. The Best Practice Standard adds further value to the solution included in the cost of the LEAP licence fee.

Craig Taylor, Conveyancing Manager at LEAP UK comments: “Our customers asked us to provide an independently guaranteed mark of conveyancing quality. A main differentiator between the LEAP scheme and other schemes is that the LEAP Best Practice Standard not only recognises the use of technology but is independently audited and not another tick-in-the box accreditation scheme filled in by the practice head of conveyancing. Clients love the audit process which reaffirms best practice.”

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Vicky Hosking, Managing Partner of Michael Smith & Co of Ipswich, the first firm to achieve the LEAP Best Practice accreditation, comments: “The LEAP Best Practice Standard is very important to us and we shared our vision to achieve it with our staff. It gave us the opportunity to implement training to ensure the highest standards were being met by everybody in the team at every stage of a matter.

Ultimately our clients receive the benefit from the very best practice.”

Jayne Akitt, Office Manager LEAP client, Hart Jackson & Sons of Ulverston in Cumbria, comments: “The LEAP Best Practice Standard is a clear demonstration of how the LEAP software can be used to achieve and maintain compliance and to deliver a first-class conveyancing service. Alongside internal checks the Best Practice Standard will give us a ‘heads up’ on anything that may need addressing.”

For further details visit: leap.co.uk/best-practice-standard

“ Best practice is ensured when processing conveyancing transactions from within LEAP software ”

Conveyancing Software

Conveyancing searches?

Geodesys. All you need to know.

For the past 20 years, Geodesys has provided a wide range of conveyancing searches and reports to clients nationwide.

Our dedicated team continue to offer our unique service, drawing on their extensive expertise and knowledge to meet all your needs while responding to evolving market requirements.

The result? Wherever you are in the UK, the indispensable peace of mind offered by Geodesys together with our unique insight and unparalleled customer service are at your disposal.

Celebrating 20 years of excellence.

For information call 0800 085 8050 or email customer.services@geodesys.com www.geodesys.com

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Wills

Duke Duke is an energetic and intelligent Border Collie Cross who loves meeting new people, playing with his toys and going for interesting walks. He had a loving owner who was there to ensure all of these, and to provide all the love and attention he needed, but at 8 years old Duke’s world was turned upside down when his owner unexpectedly passed away. ortunately, Duke’s owner had made provision for him with Dogs Trust, by registering for the Canine Care Card scheme. Dogs Trust had promised to take care of Duke should the worst happen, which is how he came into the care of Dogs Trust Manchester. The Canine Care Card gives h. owners peace of mind, Dogs Trust will care for their beloved Duke with Canine Carer Alice Leac dog and find them a new home. issue them with a wallet-sized card, which acts in a similar way to an Carol Margieson, Deputy Manager at Dogs Trust Manchester, organ donor card and notifies people of their wishes for their dog. said about Duke: Once their dog arrives at one of our rehoming centres, they will be “We can’t fill the space left by his devoted owner, only a new caring examined by our expert vets and cared for by our dedicated, trained staff. family can do that, but we’re making sure he is getting lots of TLC whilst We will endeavour to find them a new owner whose lifestyle and he is with us. He will be a lovely addition to any family and we just hope experience match their needs. If for any reason they cannot be rehomed, he doesn’t have to wait too long for the comfy, cosy home with the rest assured Dogs Trust never puts down a healthy dog, so we will loving new owners he deserves.” look after them for the rest of their lives.

One in every four of your clients has a canine companion. Naturally Request a Canine Care Card registration form now and help your client they’ll want to make provision for their faithful friend. And now you can gain the peace of mind, knowing their dog will be cared for should help them at absolutely no cost by requesting a pack of Canine Care anything happen to them. Please fill out the coupon, or alternatively call Card forms today. Your client simply returns a form to Dogs Trust and we 020 7837 0006 or email ccc@dogstrust.org.uk and quote code 333777.

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Investments

Death and Taxes.

In July 2013 I wrote that “receipts from IHT increased by 7% to around £3 billion in 2011/12 It is a significant revenue source for the Treasury and destined to remain so for years to come”. How right I was.

Receipts from IHT for 2017/18 alone are expected to come in at £5.3 billion, over 75% higher.

It’s true that more people are dying than previously expected.

The ONS suggests that by 2022 the population above state pension age will be 1.2% lower than previously assumed. The more significant factors though are rising house prices, tighter Government policy and tougher HMRC enforcement.

Back in July 2013 the Nil Rate Band for an individual was £325,000. It still is. Surviving spouses can now benefit from any unused IHT threshold within the NRB and we have the additional nil rate band for property which increased to £125,000 last Friday. Broadly though the Government has a continued focus on tax avoidance and is intent on increasing the amount of IHT generated.

There remains numerous ways to limit IHT such as spending everything, making annual gifts to family or gifts out of income.

Outright gifts of capital can be made via trusts or directly to the recipients but both involve the loss of access and control to the funds and not many of us can predict how much we can afford to give away.

One solution is to make investments that qualify for Business Relief. Unlike gifts or trust settlements BR investments fall outside the estate after just two years despite the asset still being owned outright. As long as it is held for two years it can be gifted at a later date with no IHT consequences. A number also focus on capital preservation, aiming to deliver a modest net annual return, protect against inflation and preserve value. The proof is in the pudding and in the case of one such offering the investment objective has been delivered every year since launch in 2007.

Please Note 1. The value of tax reliefs depends on your individual circumstances. Tax laws can change. The Financial Conduct Authority does not regulate tax advice.

2. The value of your investment and the income from it can go down as well as up and you may not get back the full amount you invested. Past performance is not a reliable indicator of future performance.

3. Shares and share-related funds should be regarded as long term investments and should fit in with your overall attitude to risk and your financial circumstances.

Important information This article is for general information only and is not intended to be advice to any specific person. You are recommended to seek competent professional advice before taking or refraining from taking any action on the basis of the contents of this publication.

The FCA does not regulate tax advice so it is outside the investment protection rules of the Financial Services and Markets Act and the Financial Services Compensation Scheme. The newsletter represents our understanding of law and HM Revenue & Customs practice as at 11th April 2018.

This material is for the use of the intended recipients only and may not be reproduced, re-distributed or passed to any other person or publicised in whole or in any part for any purpose.

The material is not intended for use outside of the United Kingdom. The material is not directed at you if S4 Financial Ltd is prohibited or restricted by any legislation or regulations within your jurisdiction.

Issued in the UK by S4 Financial Limited (reg. No. 05089919).

Incorporated and registered in England and Wales with registered office at Unit A, Causeway Farm, Cricket Green, Hartley Wintney, Hampshire, RG27 8PS.

Nick Cole – Senior Consultant S4 Financial Limited - 0127634932 – nick.cole@s4financial.co.uk

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Book Review

DISCIPLINARY AND REGULATORY PROCEEDINGS Ninth Edition

By Gregory Treverton-Jones QC, Alison Foster QC, Saima Hanif, and 39 Essex Chambers

ISBN: 978 1 78473 384 1 LexisNexis lexisnexis.co.uk THE LAW RELATING TO PROFESSIONAL CONDUCT: THE DEFINITIVE TEXT – OUT NOW IN A NEW NINTH EDITION An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, ‘The Barrister’ The law relating to the regulation of professionals forms the subject matter of this book, which provides a detailed and carefully researched explanation of the regulatory framework which governs the conduct of professional activities.

Now in its ninth edition and published by LexisNexis, this distinguished work of reference refers to what the editors call the ‘myriad of rules and regulations’ which have evolved by political will in response to the perceived and obvious need to ‘maintain high standards among those delivering professional services’.

The result is an ever-increasing body of case law and of decisions in this area as the jurisprudence which pertains to it continues to evolve. Particularly noteworthy is the range of professional services – and related activities covered. Just about every category of human endeavour you might think of is either mentioned, or examined in depth, from greyhound racing to, yes, legal services.

It is worth reading through the almost minutely detailed table of contents to get an idea of the scope of the book which is divided logically over 17 chapters, into four parts. Part 1 deals with the powers of regulators, the nature of professional misconduct and the civil liability of regulatory bodies. Part 2 covers the disciplinary process, from the investigation though to the hearing itself, the tribunal’s decision and appeals and reviews.

Part 3 examines specific regulatory regimes, including financial services, legal services, healthcare and numerous other professions, from accountants and architects to such bodies as the Rugby Football Union. Part 4 covers data protection and freedom of information.

Jurisprudential issues ranging from personal morality to public policy continually emerge throughout, making this book even more interesting.

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For barristers and solicitors, the sections on financial services and legal services will prove the most interesting of the lot.

Notable decisions on financial services, say the editors, are given special consideration. Also discussed is the conflicting case law in the sphere of solicitors’ regulation.

A whiff of conflict also emerges under the category of reserved legal activities defined under the system of regulation created by the Legal Services Act 2007. Curiously, any activities not thus defined are not subject to regulation, the result of which is that ‘it is open to any member of the public to provide legal advice for reward,’ provided that the person providing such ‘advice’ (such as it is) is not passing himself, or herself off as a qualified lawyer.

To say that all this is a source of resentment – and a sore point indeed – with hordes of qualified barristers and solicitors is probably an understatement. One can only suggest that the public interest would be better served if there was a change in the law in matters such as this.

But as the editors remind us in the Preface, ‘limited progress has been made’ (despite government commitments) in simplifying the current regulatory framework, which they describe as ‘often byzantine’.

Considering the sheer complexity of the regulations governing the conduct of professionals, it is fortunate that this longestablished legal text is designed for ease of use. It’s not surprising that it has become known as one of the most useful tools available to practitioners (and even non-practitioners) dealing with ‘disciplinary and regulatory proceedings’.

The editors and contributors have endeavoured to state the law as at 31 August 2017.

Notices

Burley Geach Liphook

Brain Chase Coles

RESIDENTIAL PROPERTY LAWYER

EXPERIENCED PROPERTY LAWYER

The Role

Brain Chase Coles Solicitors are seeking an experienced lawyer to join the residential property team in our busy town centre office in Basingstoke.

Burley Geach Solicitors LLP is a leading provider of legal services with offices in Hampshire and Surrey with an excellent reputation for delivering legal advice which is tailored to the individual needs of our clients.

We are looking for an experienced full time residential property lawyer for our office in Liphook, Hampshire.

The successful candidate must be able to work without daily supervision but will receive the benefit of a strong support network provided by the firm’s conveyancing team. They must also work well as part of a team thereby contributing to the continued success of both the Liphook office and the property department.

We are looking for a personable, experienced conveyancer, with good communication and IT skills who is able to develop and maintain good relationships to provide a tailored, superior service to the firm’s clients. They will have a proven record of excellent service across a full range of residential conveyancing matters (including high net worth transactions), dealing with a large caseload and serving a broad selection of clients, including the elderly and will hold a minimum of two years PQE.

Job Information If you are interested in this position and share our commitment to providing personal, high quality legal services we would love to hear from you. Please send CVs to Angela Church angela.church@burleygeach.co.uk or call on 01428 656011 for more information.

The Role

The role will include handling sale and purchase transactions, re-mortgages and new homes work within a dynamic and thriving team. The successful candidate will have: - a proven record of successfully managing a busy caseload of residential property cases.

- excellent client care skills and a good working relationship with other professionals.

- a strong academic background - motivation to expand an existing caseload further through practice development.

There will be career development and future partnership opportunities for the right candidate.

Job Information Please apply with covering letter to Gillian Matthews – gmatthews@brainchasecoles.co.uk.

Brain Chase Coles

FAMILY LAWYER The Role Brain Chase Coles Solicitors are looking to recruit a full time solicitor for its family law department in Basingstoke. 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.

- A strong academic background and an ability to draft documents to a high standard.

- Experience handling matters including divorce and separation, arrangements for children, financial arrangements for married and un-married couples and prenuptial 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 – gmatthews@brainchasecoles.co.uk.

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Abels Solicitors & Commissioners

WILLS AND PROBATE FEE EARNER The Role We are currently recruiting a qualified solicitor or legal executive with 3 years’ experience, to work as a fee earner within our private client department undertaking wills and probate work. It would be preferable if you were a member of STEP. If you feel you may be the person for this position please forward your CV to s.jeanes@abels-solicitors.co.uk or consideration.