HAMPSHIRE LAW SOCIETY
1892 - 2017
JOURNAL OF THE HAMPSHIRE LAW SOCIETY
C E L E B R AT I N G
Y E A R S
comes to Hampshire to celebrate 125 years of Hampshire Law Society
HAMPSHIRE LAW SOCIETY 1892 - 2017 C E L E B R AT I N G
2 0 1 7 D I N N E R
Y E A R S
A N N U A L & A W A R D S
25th of May 2017 Guest Speaker: BBC Presenter Jim Al-Khalili OBE
Inside this issue:
■ Legacies ■ Probate ■ Legal Cup 2017 ■ Anti-Money Laundering
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PUBLISHER Benham Publishing 3tc House, 16 Crosby Road North, Crosby, Liverpool L22 0NY Tel: 0151 236 4141 Fax: 0151 236 0440 email: email@example.com web: www.benhampublishing.com
ADVERTISING AND FEATURES EDITOR Anna Woodhams GRAPHIC DESIGNER John Barry ACCOUNTS Joanne Casey MEDIA NO. 1506 PUBLISHED February 2017 © The Hampshire Incorporated Law Society Benham Publishing LEGAL NOTICE © Benham Publishing. None of the editorial or photographs may be reproduced without prior written permission from the publishers. Benham Publishing would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of Benham Publishing. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press. Benham Publishing cannot be held responsible for any inaccuracies in web or email links supplied to us. DISCLAIMER The Hampshire Incorporated Law Society welcomes all persons eligible for membership regardless of Sex, Race, Religion, Age or Sexual Orientation. All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between member and should not be relied upon as an accurate statement of the law, are of a general nature and do not constitute advice in any particular case or circumstance. Members of the public should not seek to rely on anything published in this magazine in court but seek qualified Legal Advice.
COVER INFORMATION The cover image from: The Legal Cup 2016, c/o Britannia Events
COPY DEADLINES Summer Autumn Winter
18th April 2017 18th July 2017 18th October 2017
Members wishing to submit material please contact the Editor, Alison Plenderleith, before copy deadline. Email: firstname.lastname@example.org Anyone else wishing to advertise or submit editorial for publication in Hampshire Legal please contact Anna Woodhams before copy deadline. Email: email@example.com Tel: 0151 236 4141
30 4 5 6 7 14 15 16 19 20
CONTACTS INTRODUCTION TRAINING HAPPENINGS IN HAMPSHIRE SPOTLIGHT EVENTS ARTICLES MANAGEMENT EVENT MANAGEMENT
21 24 25 26 28 30 28 34
LEGACIES PROBATE TECHNOLOGY CYBER SECURITY ANTI MONEY-LAUNDERING CONVEYANCING TECHNOLOGY NOTICES
HAMPSHIRE LAW SOCIETY CONTACTS The following is an up-to-date list of committee membersâ&#x20AC;&#x2122; names and addresses and the sub committees to which they belong: PRESIDENT
LAW SOCIETY COUNCIL MEMBERS
Russell Evans Resolve UK Summerlands House Botley Road, Curdridge Southampton SO32 2DS Tel: 01489 797073 Email: firstname.lastname@example.org
VICE PRESIDENT Kristina Colmer Email: email@example.com
DEPUTY VICE PRESIDENT Joe Robertson Jasper Vincent 44 Queensway Southampton SO14 3GT DX 2005 Southampton Tel: 02380 633225 Email: firstname.lastname@example.org
HONORARY SECRETARY Rod Hursthouse 10 Hudson Close, Liphook Hampshire GU30 7UW Tel: 01252 622122 Fax: 01252 774409 Email: email@example.com
HONORARY TREASURER Ian Robinson Churchers Bolitho Way, 13-18 Kings Terrace, Portsmouth PO5 3AL DX 2205 Portsmouth Tel: 02392 882001 Email: firstname.lastname@example.org
IMMEDIATE PAST PRESIDENT Matthew Robbins Jasper Vincent 44 Queensway Southampton SO14 3GT DX 2005 Southampton Tel: 023 8063 3225 Email: email@example.com
Heppenstalls 75 High Street Lymington SO41 9YY DX 34053 Lymington Tel: 01590 689500 Email: firstname.lastname@example.org Razi Shah (North Hampshire) Appleby Shaw Trinity House 15a Trinity Place Windsor SL4 3AS DX 3830 Windsor Tel: 01753 860606 Fax: 01753 860620 Email: email@example.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: firstname.lastname@example.org
ADMINISTRATOR Nicola Jennings 92 Chessel Crescent Bitterne Southampton SO19 4BS DX 52766 Bitterne Tel: 023 8044 7022 Fax: 023 8044 7022 Email: email@example.com
BUSINESS DEVELOPMENT OFFICER
COMMITTEE MEMBERS AND SUB COMMITTEES EDUCATION & TRAINING
Anthony Harris (Chair) firstname.lastname@example.org Kristina Colmer Katharine West Alison Plenderleith Nicola Jennings Joe Robertson Milly Bygrave (Co-opted)
LITIGATION & DISPUTES RESOLUTION
Russell Evans (Chair) email@example.com Wendy Hewstone (Co-opted) Steven Wood (Co-opted) Katharine West
Roderick Hursthouse Alison Plenderleith Deglan Rowe
Nick Gurney Champion Matthew Robbins Simon Whipple
Adrienne Edgerley Harris (Chair) Adrienneedgerleyharris@gmail.com Roderick Hursthouse Ian Robinson Jennifer Williamson
Emilie Holland firstname.lastname@example.org Sarah Hallett (Co-opted) Mo Aldridge
Kristina Colmer email@example.com
Joe Robertson firstname.lastname@example.org Simon Whipple
Mo Aldridge (Chair) email@example.com Katharine West Kristina Colmer Alison Plenderleith Nicola Jennings
STUDENT UNIVERSITY LIASION
Kristina Colmer firstname.lastname@example.org
Lanchet Cottage, Stuckton, Fordingbridge SP6 2HF Tel: 07429 523183 Email: email@example.com
David Ankcorn James Gleisner James Kitching Tom Mitchell Victoria Whelan
OTHER COMMITTEE MEMBERS
PRESIDENT’S REVIEW WINTER 2017 As Barack Obama says farewell to his term in office so I begin my own amidst the first snows of winter. We can all face what appear to be insurmountable, impossible or overwhelming challenges but with focus, dialogue, will, determination and dedication nothing is impossible. A whole Brave New World lies ahead of us not only with many challenges but many opportunities.
As President Obama said ‘the sun will come up’ and so it has. The first flush of spring is but a moment away. I am truly honoured to be representing my fellow men and women of Hampshire. I am warmed by the experience but also the breadth of youth and vigour of the Hampshire Law Society Committee. 5 new committee members stepped forward at the AGM. As President I want to bring people together, to build links and bridges between practices both large and small, fellow professionals, the business and local community as well as universities. I know that it has been difficult for many in recent years. As a profession, as a country we face many challenges: Brexit, our relationship with Europe, the USA and indeed the global economy; the embers of recession and advance of technology; changes to the Justice System including the proposed new Online Court. As many of you will know I am a Mediator who has judged the finals of national and international mediation competitions. I have had the privilege to conduct mediations for ftse companies, national charities with royal patrons, even the family of a Law Lord as well as the ordinary man and woman on the Clapham Omnibus as Lord Denning would say.
I am encouraged by the passion of fellow solicitors and look forward to meeting with and representing you all. I will shortly have the pleasure of meeting with Dr Rowan Williams former Archbishop of Canterbury who will no doubt have further words of wisdom to impart. I will try to promote your interests, the interests of Justice and the Rule of Law. As Nelson Mandela said it is by working together that we become partners and grow stronger. Join with us. Together We Are Stronger-
Russell Evans Hampshire Law Society President
Hampshire Law Society welcomes Clifford Chance Managing Partner Russell Evans, President of the Hampshire Law Society, welcomed a host of leading Hampshire Law Firms to join him and Matthew Layton, managing partner of internationally renowned Clifford Chance, at Lainston House on 6th February, as the Hampshire Law Society began the celebration of its 125th Anniversary Year.
Senior Partners Group Lunch
Matthew Layton and Russell Evans
Russell Evans, President of the Hampshire Law Society, welcomed a host of leading Hampshire Law Firms to join him and Matthew Layton, managing partner of internationally renowned Clifford Chance, at Lainston House on 6th February, as the Hampshire Law Society began the celebration of its 125th Anniversary Year.
The Senior Partner Lunch was attended by senior and managing partners from law firms Paris Smith, Blake Morgan, Bond Dickinson, Moore Blatch, Clarke Willmott, Irwin Mitchell, Lester Aldridge, Pitmans, Parker Bullen, Eric Robinson and Verisona as well as leading Hampshire business Ageas UK.
The reception at Lainston House, Winchester, where Margaret Thatcher and Mikhail Gorbachev met to explore perestroika, was an opportunity for senior and managing partners to exchange views, share experiences, explore challenges and consider forward focused strategies.
The Hampshire Law Society would wish to express their sincere thanks to Matthew Layton for the courtesy of his time and wisdom and to all participating firms for their engagement in the event which was highly rewarding. We hope to be able to repeat the event next year.
Before Matthew Layton flew off to Hong Kong, he gave a master class in the management of a modern law firm and vividly brought to life the challenges facing the law firm and its managing partner in both regional, national and global markets. Matthew Layton’s talk was highly enlightening and informative and was followed by a truly engaging and free flowing question and answer session. We have received many words of thanks and praise since.
We are also currently exploring a talk from Lord Justice Sir Michael Briggs author of the Civil Courts Structure Review about the proposed new online court as well as a reception with Hampshire MPs. We will bring further news about these in due course. The Hampshire Law Society is proud to assist, support and represent its Hampshire member firms and will look forward to working with all its partners in the anniversary year ahead.
CPD TRAINING 2017
All lecture take place at the Holiday Inn Eastleigh from 1345 – 1645 with the exception of the Criminal Law update – venue TBA Topic: Date: Speaker:
Private Client Update Tuesday 28 February 2017 Professor Lesley King,
Topic: Date: Speaker:
Criminal Law Update March 2017 3 Paper Buildings
Topic: Date: Speaker:
Property Tax Roundup 2017 Tuesday 14 March 2017 Paul Clark
Topic: Date: Speaker:
Court of Protection Tuesday 28 March 2017 Carol Davies
Topic: Date: Speaker:
Civil Litigation Update Tuesday 9 May 2017 No 18 Chambers
Topic: Date: Speaker:
Employment Law Tuesday 23 May 2017 Gary Self,
Professor Lesley King, Private Client Practice Head at the College of Law, Bloomsbury She is the wills and probate columnist for the Law Society Gazette.
Paul Clark has been a commercial property solicitor for over 40 years. He is an expert on many aspects of commercial property law and is a popular and engaging speaker
Carol Davies concentrates on matrimonial financial provision cases with particular ability in dealing with cases involving trusts, companies and business interests and intervenors.
Gary Self, 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"
The programme will be regularly updated once additional information received from speakers. You can find our lecture programme on our website 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.
HAMPSHIRE LAW SOCIETY
BIG Quiz 2017 25 April, 6.30pm @ The Dancing Man, Town Quay, Southampton If you feel you were robbed of a sure victory last year and want to prove you can be the best, then come along to the Hampshire Law Society charity quiz night. Teams of 4 which can be made up of colleagues or friends will compete against each other in 6 rounds of questions (which will not be on legal topics). Teams can be made up on the night if you are short on numbers. There will be spot rounds, a cash bar and a pie supper included during the evening. WE THANK OUR SPONSORS
The event which will be held at the Dancing Man pub and brewery in Town Quay is open to all. The entry fee for each team is £65. (Or £17.50/hd). There will be prizes for the champion team and consolation for the losers. Please enter as many teams as possible. Please contact Nicola Jennings on 023 8044 7022 firstname.lastname@example.org
Happenings in Hampshire
FAMILY LAW CONFERENCE Hampshire Law Society is delighted to confirm that the content of the family law conference has now been finalised.
Date: Friday 17 March at the offices of Clarke Willmott in Botley
Hampshire Law Society is delighted to confirm that the date of our Property Conference has now been finalised and will take place on Thursday 18 May at the offices of Blake Morgan in Eastleigh.
The conference is only £99 for members and benefits from 5 hours of CPD.
The conference is only £100 for members and benefits from 5½ hours of CPD.
Non members price £120
Topics include: • Landlord & Tenant; • Case law update • Land registry update • Land remediation • CIL • Essential building regulations for conveyancers • Leashold flat management and ground rent issues
Topics include: • Setting aside agreements and orders • Vulnerable witnesses and the use of intermediaries • Divorce and business, the tax implications • Conduct • Public law cases – an update This year our speakers are: • Leslie Samuels QC • Margaret Pine-Coffin • Lucy Davis • Penny Howe • Kate Hart • Catherine Breslin • DJ Simmonds This event will provide essential updates for all family lawyers. With current topics addressed by expert speakers and an opportunity to network with local practitioners, book now to secure your place. We thanks Clarke Willmott for the use of their conference room and Pump Court Chambers for providing speakers To reserve your place please contact Nicola Jennings on 023 8044 7022 or email@example.com
This year our speakers are: • Richard Snape • Alun Oliver, E3 Consulting • Richard Hanney, Selborne Chambers • Brighter Law Group • Land Registry This is the must attend event for all Property Lawyers. With current topics addressed by expert speakers and an opportunity to network with local practitioners, book now to secure your place. This conference is sponsored by Brighter Law To reserve your place please contact Nicola Jennings on 023 8044 7022 or firstname.lastname@example.org
What can we expect in 2017? 2016 will probably go down in the annals as a year of great uncertainty for conveyancers and the housing market in general. Whether you prefer your Brexit hard or soft, the fallout from June’s referendum has been 6 months of uncertainty for the housing market, despite fears of a 2009 style crash not being realised. What of the year ahead? While it may a little early for grand predictions, there are some clues from figures released towards the tail end of 2016. First, the good news, the picture for first time buyers is promising. With 2016 seeing a 9-year high in the number of first time buyers, research by Halifax estimates that last year saw the number of first-time buyers grow to 335,750, the largest since 2007’s figure of 359,000. This trend appears to be continuing with Rightmove reporting a 5% increase in traffic from Boxing Day onwards, suggesting that for first time buyers at least the market is relatively robust. Sadly, the good news rather abruptly ends there. According to the Royal Institution of Chartered Surveyors (Rics), the annual rate of growth for UK house prices has slowed from a high of 9.3% in June 2016 to 6.9% in October. What growth there has been is a result a shortage of homes for sale, with Rics reporting falling numbers of properties coming onto the market for several months.
Consequently, the number of people moving home has fallen for the first time in five years. Recent data from Lloyds Bank indicates that in 2016, the estimated number of home movers was 4% lower than 2015, marking the first drop since 2011. Finally, the number of new and outstanding buy-to-let mortgages has decreased from a high of 29,300 in March 2016 to 6,200 in October, with April’s stamp duty change dominating the market. Something unlikely to improve in 2017, with more changes for would-be landlords in the form of tougher affordability checks for buy-to-let mortgages, and the start of the withdrawal of tax relief on mortgage interest. So, all in all 2017 looks to be just as precarious as the previous year, as the uncertainty of Britain’s exit from the EU continues. While there is some good news from the market for first time buyers and some growth in the housing stock (new builds hit their highest levels since 2009 in 2016), the overall picture is one of flux.
Happenings in Hampshire
EXPERIENCED LITIGATION SOLICITOR JOINS SETFORDS SOLICITORS Experienced Litigation Solicitor Sarah Barker-Benfield, previously of Scott Bailey in Lymington, has now joined National Firm Setfords Solicitors as a Consultant Solicitor. Sarah will remain working for her clients local to Milford on Sea, whilst she carries with her the might of 180 solicitorstrong Setfords, whose head offices are Guildford and London (Chancery Lane). Sarah is excited to work for the well regarded firm Setfords, who have recently secured multi-million pound business funding for expansion, and bring to her clients a more accessible way of obtaining legal advice.
Sarah will continue with her Litigation work (contract issues or concerns, property problems, building work arguments, landlord and tenant issues, disputed Wills or Inheritance matters) as well as business concerns, and is happy to have an initial chat on the phone to give a view as to whether she can assist. She can also put together a team of litigators for larger work, and thus avoid potentially much higher city hourly rates.
Paris Smith LLP Strengthens its Winchester Family Team The highly regarded family services offered by regional law firm Paris Smith LLP have been further enhanced by the appointment of Danielle Taylor. Danielle completed her law degree at the University of East Anglia, before going on to achieve a distinction in the Legal Practice Course. She now works as a specialist family solicitor and is a member of Resolution, committed to a non-confrontational and constructive approach to resolving family matters. Danielle is also experienced in dealing with court proceedings where this is necessary and the best option for the client.
Huw Miles, Finance Partner, commented, "We are hugely committed to attracting and developing top talent across the firm. This focus is an integral part of our culture and values. The addition of Danielle to our highly regarded team of family solicitors further strengthens our ability to cater for our clients' needs at every level."
CHURCHERS BEGINS 2017 ON A HIGH-NOTE After being named law firm of the year two years running and hiring one of the leading commercial lawyers in the south, Churchers Bolitho Way has plenty to smile about as 2017 gets under way.
And that’s not the end of the celebrations for the firm - which has offices in Portsmouth, Fareham, Cosham, Lee-on-the-Solent, Gosport and Ryde. Three members of staff have been promoted.
At the Isle of Wight Law Society annual dinner, Churchers Bolitho Way was named Law Firm of the Year 2016. The firm also won the award from Hampshire Law Society in 2015.
Elizabeth Moger, who joined Churchers Bolitho Way in 2002, has been promoted to partner. Elizabeth works on residential conveyancing including sales, purchases, re-mortgages, transfers of equity, equity release, and leasehold transactions.
Emma Gifford, who worked in commercial law and property in the Isle of Wight for a number of years, has now joined the team at Churchers Bolitho Way. Emma specialises in business sales and acquisitions, shareholder and partnership agreements, development, conveyancing and property and land law.
Lauren McIntosh who specialises in Wills, LPAs, Court of Protection and is part of the Estate Administration team, has been promoted to Associate. Lauren joined Churchers Bolitho Way as a trainee solicitor in 2010 and qualified as a solicitor in 2012.
Emma said: “I am delighted to have joined the Churchers Bolitho Way team. This is a really forward-looking law firm that delivers excellent legal services from offices in the heart of local communities all backed with a heritage stretching back 150 years.”
Faye Evans, who joined the firm in 2014, has also been promoted to Associate. Faye deals with the full spectrum of Private Client matters particularly the creation and administration of Trusts and advises Trustees on the legal requirements of their role.
Happenings in Hampshire
OAR-SOME FUNDRAISING BY LEGAL EAGLES FOR ARK CANCER CENTRE CHARITY
TRULY oar-some - was the verdict on a fundraising feat which saw Clarke & Son Solicitors plus guests complete a 24-hour rowathon in support of Ark Cancer Centre Charity. The team at Clarke & Son rowed the extra mile for the charity as they took part in the Row to Nowhere. The law firm, based in Basingstoke, were hoping to raise £1,000 in the latest of their fundraising activities to boost the charity's £5million fundraising campaign. However, thanks to the support of generous sponsors, the rowers smashed their target by raising more than £4,000.
Corporate commercial partner Will Anderson got the round-theclock rowing marathon under way at midday on November 24th. Will was followed on to the rowing machine by Clarke & Son colleagues, and over the next 24 hours, they were joined by other Ark Cancer Centre Charity supporters who popped in to do a stint or two on the static rowing machine in the firm's conference room. By the end of the rowathon, the fundraisers had completed over 190 miles - and they were delighted with the distance covered and the amount of money that has been raised.
New Head of Family Department at Clarke & Son Solicitors Clarke & Son Solicitors in Basingstoke is delighted to announce a new head to their Family Department, Andrea Boulter. Specialising solely in Family Law, Andrea qualified as a solicitor in December 1990 and has worked in North East Hampshire since 2005, so is very familiar with the local court structure and the many local organizations and persons that care for families in need of advice when a relationship is ending. Andrea has a wealth of experience in Family Law including separation agreements, divorce procedure, prenuptial agreements, and resolving financial issues between spouses resulting from marital breakdown.
She is proficient in conducting cases involving children issues whether in relation to residence/contact, welfare, safety or child protection/domestic abuse prevention or the financial needs of children. She also assists in cases of child abduction. A member of Resolution since 1991, she is committed to its members’ code of conduct for the amicable resolution of family law issues. She is a member of Hampshire Law Society and a past President of Surrey Law Society. In her spare time, Andrea supports a children’s charity funded school and outreach project in the Philippines.
Happenings in Hampshire
Paris Smith New Sponsors of Hockley Golf Course Paris Smith is an established Southampton and Winchester based law firm of solicitors approaching its 200th anniversary. The firm is a recognised leader in the provision of advice to the wide range of business and private clients in the central southern region and has a number of Winchester based partners. On a sports front the firm has long been a proud sponsor of Hampshire Cricket Club and Southampton Football Club on the one hand and a number of junior sports teams on the other. Supporting Hockley is no different, we are delighted to add our logo to the Clubs signage and literature, hopefully reinforcing the firms endorsements of all sports. David Roath, Employment Partner: "Paris Smith support a range of sports and are pleased to now be sponsoring Hockley Golf Course. We pride ourselves on supporting all levels of sport from professional to junior teams. We wish Hockley continued success for the future." Pic - Paul Brown, General Manager of Hockley Golf Course (left) and David Roath, Employment Partner at Paris Smith LLP
Trethowans’ corporate team continues to expand with a further appointment in Poole and Bournemouth Law firm Trethowans is expanding its offering to businesses in and around Poole and Bournemouth with the appointment of another dedicated corporate lawyer.
really putting the region on the map. I’m looking forward to helping them to grow over the coming years and proving that this is one of the best places in the UK to do business.”
Mark Nixon has joined as a senior associate in the corporate team in the Poole office, providing advice to businesses on company/business acquisitions and disposals, investments, shareholder arrangements, share options and general corporate governance.
Mike Watson, head of the corporate team, added: “Mark has a reputation for achieving outstanding results and we’re delighted to have him on board. His expertise will be of real value to our clients in Bournemouth and Poole.”
His appointment brings the number of lawyers in the Trethowans’ corporate team to 13, making it one of the largest corporate teams in the region.
Trethowans has more than 100 lawyers, including 35 partners, who combine their expertise to offer clients enhanced legal services in a range of specialisms. Commercial clients include international and national household brand names, owner-managed businesses, entrepreneurs and major regional employers across the UK.
Mark said: “It’s exciting to be part of the growing team here at Trethowans in Poole, particularly in the corporate team. The business community in Dorset is a hive of activity, with companies doing deals that are
More Trainee success for Hampshire law firm It’s a successful time for Trainee Solicitors at Warner Goodman as Georgina Savage is the second Trainee in recent months to qualify from the Hampshire law firm. Georgina joined the firm in 2012 working part-time and then became a full-time Paralegal in September 2014 for the Commercial Property team in Portsmouth. She began her recognised period of training on 1st March 2015 in same team before moving to the Employment team based in Southampton. Her final seat has been with Company Commercial, also based in Southampton. Georgina has now qualified, returning to the Commercial Property team in Portsmouth. Her role in this department will see her work with landlords, housing associations and developers to meet their property needs, whether these be buying or selling property, lease negotiations or renewals. Outside of work Georgina has a keen passion for sailing and water
sports and also strives to find time to practice her French while travelling to different countries. “I’m delighted that I’ve been able to spend my time training in the Commercial based teams, as I always wanted to qualify into this side of law,” explains Georgina. “Completing my training at Warner Goodman has given me wonderful opportunities in terms of career progression, development, training and increasing my confidence with public speaking through the Employment Law seminars. The firm is the perfect size for a Trainee; large enough to experience different areas of law but also small enough to feel a sense of community and know colleagues from all offices. I am keen to further develop my skills and knowledge in Commercial Property and I am confident that Warner Goodman can help me achieve my long-term ambition to one day become a Partner.”
Happenings in Hampshire
Lawyers close in on acts of kindness target With just over a month to go until the end of the year a team of local solicitors are totting up the number of good deeds they have achieved between them. Staff from law firm Trethowans have been on a mission throughout 2016 to undertake 150 good deeds to mark 150 years in business. And, with the end in sight, employees have already racked up a whopping 145 good deeds to date. It puts them well on-track to complete their mission by the time the bells of Auld Lang Syne ring out on December 31. Managing partner Chris Whiteley said: “Trethowans has been a part of the community for the last 150 years we wanted to do something to celebrate that achievement while giving something back to the areas we work in. It was certainly an ambitious challenge but I’m delighted that we’re so close to our target with not long to go. Staff have really embraced the idea and the way they have gone the extra mile speaks volumes about their drive and dedication.” Staff at Trethowans have taken part in all manner of charitable deeds to complete their mission, doing everything from giving blood to delivering Easter eggs to local charities. Those from the Salisbury office have put their best feet forwards, taking part in the city’s Midnight Walk as well as Race for Life. Meanwhile, their counterparts in Southampton took the challenge to new heights by completing the Three Peaks Challenge. Over in Poole Trethowans staff rolled up their sleeves and took part in a beach clean during the summer to help add to the 150 good deeds. They also collected a whopping 166kg of food in
October, which they donated to the local food bank. Other good deeds staff across Trethowans’ offices have taken part in include: • Climbing the O2 • Installing a life-saving defibrillator at the Poole office • Donating football equipment to local schools • Sporting hats in the office to raise money for the Headway charity • Walking 66 miles between Poole, Salisbury and Southampton to raise money for The Roy Castle Foundation, The Child Brain Injury Trust, The Spinal Injuries Association and local children’s hospice Naomi House.
Stowe Family Law Office Celebrates its First Birthday It is now a whole year since the Stowe Family Law office in Winchester first opened its doors. In that time the Winchester team has a built a solid reputation among clients, forging strong bonds and sponsoring the evermore popular Hat Fair, along with its winter equivalent, the Woolly Hat Fair. Senior Solicitors Mark Chapman and Jennifer Williamson have been keen to contribute to the Hampshire community around them and to that end have launched a promising collaboration with Winchester University’s Department of Law. They will be sharing insights and advice with LLB students, recognising that real world professional contact can be very beneficial to the students’ future careers.
Senior Solicitor Jennifer Williamson explained: “We are really excited to be able to give something back, working with the University of Winchester and their student lawyers of the future. It doesn’t stop there of course. Our involvement with the Hat Fair and Woolly Hat Fair has been very gratifying. These are fantastic events involving the whole city” Stowe Family Law is the largest family law specialist in the country. The firm was founded in Leeds, West Yorkshire by Senior Partner Marilyn Stowe. The Winchester office is just one of the ten branches now doing brisk business across England.
Happenings in Hampshire
HAMPSHIRE LAW SOCIETY 1892 C E L E B R AT I N G
2 0 1 7
A N N U A L
Y E A R S
D I N N E R
A W A R D S
The Hampshire Law Society annual dinner will take place on 25th of May 2017. Guest Speaker: BBC Presenter Jim Al-Khalili OBE Following the success of last year’s annual dinner we are delighted to be able to announce that BBC presenter Jim Al-Khalili OBE has kindly accepted our invitation to appear as our guest speaker at our landmark 125th Anniversary Annual Dinner which will take place at St Mary’s Stadium, Southampton on 25th May 2017. Musicians who have performed at the Royal Albert Hall will provide some musical entertainment. There is also the prospect of some moving digital art from a Lumen Prize finalist. Tours of the stadium will also be available. The Hampshire Law Society is proud to support Sightsavers, a Charity dedicated to saving eyesight, for the purposes of the Annual Dinner. As usual there will be a raffle as well as an auction including an opportunity to bid for a mediation in support of the charity. This popular black tie event on the professional social calendar provides an ideal entertainment and networking opportunity for you, your
colleagues, business guests and partners. You and your guests will enjoy a sumptuous three course meal and coffee together with an extensive wine list and bar facilities in the luxurious Mike Channon Suite, located in the heart of St Mary’s Stadium. Following the dinner, we will present the winners of the 7 award categories, Law firm of the year (large and small), Solicitor of the year, Junior Solicitor of the year, Solicitors Bank of the year, Solicitor’s Accountancy firm of the year and Solicitors business client of the year. Details are attached on how to nominate your firm, colleagues or yourself for an award. Please get your nominations in by the 1 May. The price once again represents excellent value for money made possible by our sponsors IFS and College Chambers. Tickets are priced at £50/hd or £475 for a table of 10 Details of how to enter the awards are on our website
At the Annual Dinner Awards will be presented for:
1: 2: 3: 4:
Solicitor of the Year Junior Solicitor of the Year Law Firm of the Year (large firm) Law Firm of the Year (small firm)
5: Solicitors’ Bank of the Year 6: Solicitors’ Accountancy Firm of the Year 7: Solicitors’ Business Client of the Year. Please put your entries in now.
A Profile: Jim Al-Khalili OBE Jim Al-Khalili is a man of many worlds from the depths of Baghdad to the southern shores of England, a man of vision who has been honoured by the Queen. He is an established BBC tv and radio presenter and a master of public entertainment and engagement. Indeed he holds the post of Chair of Public Engagement at Surrey University as well as Professor of Theoretical Physics.a He is a winner of the Royal Society Michael Faraday Prize and was President of the British Humanist Association between 2013 and 2016. Jim has appeared on Harry Hill's TV Burp as well as on Desert Island Discs. He has presented programmes with Sir David Attenborough and has even appeared as Paul McCartney singing 'Helter Skelter.' A pop career may beckon. It is whispered that he may even have been inside Dr Who’s Tardis! We are proud to say that Jim is a man of Hampshire.
Jim has presented TV programmes such as: Order and Disorder: The Secret Life of Chaos: The Science of Doctor Who: Light and Dark: Everything and Nothing: The Riddle of Einstein's Brain: The Beginning and End of the Universe: Chemistry, A Volatile History and Meltdown in Chernobyl. Jim’s Books include: Black Holes, Wormholes and Time Machines: The House of Wisdom: Aliens: Life on the Edge: Paradox, The Nine Greatest Enigmas in Science: Quantum, A Guide for the Perplexed and Nucleus, A Trip Into the Heart of Matter. Join with us at our Annual Dinner on 25th May and travel on a journey to the edge of the universe and beyond.
Happenings in Hampshire
An Interview with Russell Evans President of the Hampshire Law Society What prompted you to enter the law as a profession? I was inspired to study the law and enter the legal profession by a desire to promote justice and fairness. At the time I was not only fascinated by the law but also history and archaeology. A living beacon of Justice however won over the ancient Hammurabi Code. And so my path began into litigation and ultimately mediation.
Which public figure do you most admire and why? The person I have most admired during my lifetime is Nelson Mandela a Nobel Peace Laureate who sadly is no longer with us. I have had the good fortune to visit Robben Island, where he was incarcerated, a unique symbol of ‘the triumph of the human spirit over adversity.’ Nelson Mandela had a quiet dignity. He was prepared to reach out a hand of friendship in adversity, acknowledge wrongs and bring peace and reconciliation to a troubled world. As Nelson Mandela once said ‘If you want to make peace with your enemy, you have to work with your enemy. Then he becomes your partner.’ I try to follow his philosophy and spirit in the civil and commercial mediations which I conduct which are often disputes both individual and business between parties with intense emotions.
What person (if any) inspired you to become a solicitor? My mother is perhaps my biggest inspiration forever offering a hand to people in need a woman of great fortitude, generosity, strength and support. I owe her a great deal. The great Hampshire man and judicial reformer Lord Denning then set the tone at university.
What are the biggest professional challenges we are all going to face in the next 12 months? We face many challenges ranging from Brexit, the aftermath of recession, under investment in the court and advisory system to proposed changes to the justice system including the online court and fixed fees. All will present challenges to professional practice and the way in which business is conducted. The legal landscape of tomorrow may become very different from that of yesteryear.
What is the one main issue you want to tackle during your tenure? As President I want to bring people together, to build links and bridges between practices both large and small, fellow professionals, the business and local community as well as universities. I want to give
people a voice, to empower, encourage and inspire our great citizens of tomorrow and promote Justice and the Rule of Law.
What do you expect to be the most rewarding aspect of being President? There is nothing more human than meeting with people, hearing their stories, offering support and joining arms together in a common purpose.
What do you like to do in your spare time? I enjoy walking the great countryside that is forever England and experiencing the delights of nature from the daily morning visit of an inquisitive robin to the flutter of the wagtail nesting above my window. I am also a great admirer of artistic, musical and theatrical talent. Sadly my competitive sporting days are over but I can raise a cheer from the sidelines.
What book did you last read? I read ‘Sword Song’ by the master storyteller Bernard Cornwell of heroic Sharpe fame. It forms part of the Last Kingdom series and perhaps appropriately for us depicts the struggle for the survival of King Alfred’s Kingdom of Wessex and the creation of the country called England. I had the great pleasure to meet Bernard Cornwell recently at the Wellington Lecture at Southampton University and indeed to learn about the life of the master tactician Lord Wellington as well as Bernard Cornwell himself who is related to Charles Carroll an original signatory to the US Declaration of Independence. Carroll is one of my own ancestral family names.
What is your favourite film? My favourite film is the Shawshank Redemption, a story of true redemption about the power of friendship and hope, of triumph over adversity, underscored by sublime music and towering harmonies.
What would you say to a youngster today, who was considering joining the legal profession? An education in the law offers many rewarding opportunities not just within the legal sector but the business community. We are now a bigger more global economy. Think laterally. Consider and explore all opportunities open to you both in the UK and wider world.
Law firm campaigns for changes to divorce Law firm Trethowans is backing calls to take the blame out of divorce this week. Solicitors from the south coast firm are throwing their weight behind Resolution’s campaign for ‘no fault divorce’ during Good Divorce Week which ran from 28th November – 1st December. Currently, there is only one ground on which a petition for divorce can be presented to the court by either party and that is that the marriage has broken down irretrievably. To evidence ‘irretrievable breakdown’, the person seeking the divorce relies on a fact of adultery, unreasonable behaviour, desertion or separation. Trethowans’ family law experts, along with members of Resolution, argue that the need to blame a party for the marriage breakdown can often cause unnecessary difficulty and conflict. Grant Cameron, partner in Trethowans’ family team, says: “The introduction of a ‘no-fault’ divorce could greatly assist in reducing the inevitable tensions that arise on marriage breakdown. Perhaps more importantly, the 'no-blame' culture would allow couples to focus on more
important issues, namely arrangements for the children and the financial consequences of divorce.” 150 members of Resolution will be travelling to Westminster to meet with their MP on Wednesday (Nov 30) to put forward their argument for changes to the law. While there, they will also campaign to improve the rights for cohabiting couples. Nearly half of people aged 18-34 think that cohabiting couples have the same legal rights as married couples, according to research from Resolution. Grant says: “Living with your partner does not of itself afford you any legal rights and, in law, the status of “common law husband and wife” does not exist. With the cohabiting family being the fastest growing family unit in the UK, Resolution strongly believes it is time to tackle this issue. We fully agree and support its calls for a legal framework to protect unmarried couples when they split up.”
Happenings in Hampshire
on Richard Swain Richard Swain is a Partner in the corporate, commercial and banking team at Clarke Willmott LLP. He discusses his role in advising businesses and individuals in the Solent region. 1. Why did you choose corporate law as your area of expertise? I have always enjoyed working with different types of people across a wide range of sectors, and corporate law provides plenty of opportunities for both of these. People from all walks of life own businesses, and these can be in almost every area of business you can imagine, and a great many you would never think of! I have also always been attracted to the fact that as a corporate lawyer you are nearly always contributing something positive to those you are working with. You are either helping someone to buy a business, or else working with a seller who is finally receiving the fruits of all their labours. Unlike other areas of law, there are generally no “winners and losers” in a corporate transaction, only “winners”.
2. What sets Clarke Willmott apart from its competitors? Our people set us apart. Many of our Partners are younger than at your average law firm, which we hope gives us a more dynamic edge. Clarke Willmott offers a high level of service, straightforward manner and a clear and simple approach to the way that we charge for our work. As a firm we are known for providing a supportive and positive place to work, with an open and collaborative culture. We have recently been scored as one of the 9 top performing firms in the Legal Week’s Best Employers’ Survey 2016.
3. What are the main areas the corporate team advises clients on?
now and again you get the opportunity to work with a company almost from day one - from the initial start-up and then over a number years to support them in each stage of their growth and development. Finally helping them through the process of selling the business is a fantastic feeling and I feel very lucky to have been part of this “journey” for a number of business owners over the years, and to have worked with some genuinely remarkable people.
6. What are the implications of Brexit on corporate law? It is fair to say that many immediately assumed that the implications of Brexit could only be negative for businesses, and those of us who support them. However, so far, this has not been our experience at Clarke Willmott, and there has been no dramatic decrease in corporate transactional work. Our corporate team had a very busy second half of 2016, with a number of high profile high value deals, and this has continued into 2017 with a really encouraging pipeline of good quality work in the coming months. Further forward, there will, inevitably be many changes and challenges as we begin to have a clearer understanding of how this will affect us all. However, the key will be to approach this new business environment positively and as an opportunity, and to remain open-minded and adaptable.
7. How has the Clarke Willmott corporate team developed in recent years and what do you see for its future?
We offer advice on corporate transactions (the sale and purchase of businesses and companies) of all sizes, from small family businesses to large cross-border high value transactions. We also deal with mergers and restructures, management buyouts, investments into businesses and companies, shareholder and Partnership agreement and share options. In our corporate team we also have specialists in Banking, Tax and Commercial law.
Our team has grown significantly – now seven lawyers in our Southampton team (four Partners) and twenty of us across the whole Clarke Willmott Corporate Team.
4. What are the most challenging cases to work on?
As a larger team, this has meant we have been able to undertake larger value complex deals, and has also seen the team gain a number of significant high-profile clients, which we might not otherwise have had the opportunity to work for.
Transactions with particularly tight deadlines are always challenging, as are those with cross-border aspects, which mean that there are always different time zones and different views on what is normal “market practice” across differing jurisdictions to take account of. However, those deals can also be some of the most interesting, rewarding and enjoyable to work on.
5. What is your biggest career achievement? Transactions with particularly tight deadlines are always challenging, as are those with cross-border aspects, which mean that there are always different time zones and different views on what is normal “market practice” across differing Every
This growth has not only been in terms of numbers, but also quality. A number of high profile corporate lawyers in their local market-places have joined CW in the past few years. As a result, we have raised the bar in terms of both numbers and quality of our offering.
8. What makes a great corporate lawyer? A good understanding of businesses and business people, and what makes them tick. Corporate deals do not simply focus on shares or financial figures, because businesses involve the whole spectrum of legal areas, from property, employees, environmental and regulatory concerns, tax, and pensions. As a result, it is important to be able to have a good commercial understanding of how businesses work and the ability to see what is really important to the client.
LEGAL CUP 2017- Open for Entries Every year in the spring sunshine, law firms from all over the UK flock to the South Coast to compete in the legendary Legal Cup. This year’s event takes place over two days from 20 – 21 May 2017 and includes the ever popular themed gala dinner and party. The weekend combines productive networking, team building and charity fundraising. It is the sailing event for the legal community. In 2016 over 250 people took part including Magic and Silver Circle firms. After some incredible fancy dress and amazing dance moves, Tahiti holiday prizes from our generous sponsor, and very close racing on the water, the Bar Yacht Club and Bond Dickinson departed with the coveted trophies. Other prize winners included Allen & Overy, Clifford Chance and Fieldfisher. Now is your chance to take part, please join us in 2017. With sign ups from Linklaters, Norton Rose Fulbright, Private Office Legal Services and Private Office Asset Management Ltd the competition is heating up. If you are a law firm looking for a new experience - the Legal Cup could be perfect for you. It doesn’t matter if you have never set foot on a yacht before; Our professional sailors will show you the ropes, so you and your team can have fun and get involved. We also accept entries if you have your own yacht.
See what supporters of the event have to say: “The Legal Cup is a great way to meet others in the industry and a fantastic opportunity to bring teams together. A great feature of the event is that it’s open to all levels of experience and develops a terrific sense of camaraderie among the crews” – Allen & Overy “With a history deeply rooted in shipping law, Norton Rose Fulbright is delighted to enter the Legal Cup for the very first time. The weekend has developed a reputation as a must attend event in the legal sailing and social calendar and we look forward to hoisting our colours on our debut in the Legal Cup 2017” – Norton Rose Fulbright "Without doubt one of the best sporting events in the legal sector. Whether you're a seasoned sailor or a complete beginner, the staff at Britannia pull out all the stops to make sure you have an unforgettable weekend and keep you coming back year after year.” - Herbert Smith Freehills LLP.
If you would like to enter your firm or find out more about the event, please visit the event website www.britanniaevents.co.uk/legal-cup or email the team on email@example.com
Triggering Brexit. By Simon
Parsons HILS Member.
The Treaty of Lisbon inserted a new article 50 into the Treaty on the European Union (TEU) enabling a member state to withdraw from the EU in accordance with its constitutional requirements (article 50(1)). In 2016 the British people, in a referendum, voted to withdraw from the EU. Although the result is only advisory because Parliament remains sovereign, subsequently the House of Commons passed a resolution calling on ministers to give notice of withdrawal by 31 March 2017. There is no doubt that ministers can give notice under article 50(2) but the question for the Supreme Court in Miller was whether they do so under the prerogative powers or only with Parliamentary authority. The Supreme Court held by 8-3 majority that Parliamentary authority was required and that was the constitutional requirement mentioned in article 50.
statute using prerogative power which breaks the fundamental constitutional principle stated above. There was nothing in the 1972 Act (or subsequent domestic legislation concerning the EU) which allows the prerogative to be used in this way. The European Union Referendum Act 2015 makes no provision for such an exercise of the prerogative. Thus the majority concluded Parliamentary authority in the form of an Act of Parliament is required for ministers to give notice because only Parliament can disapply an Act of Parliament. ‘[W]e consider that, by the 1972 Act, Parliament endorsed and gave effect to the United Kingdom’s membership of what is now the European Union under the EU Treaties in a way which is inconsistent with the future exercise by ministers of any prerogative power to withdraw from such Treaties’ at .
Instead of eight judgments the majority gave one judgment which is very helpful for the reader but it is made up of 152 paragraphs and three justices gave three dissenting judgments. Underlying the majority decision is one fundamental constitutional principle namely, unless permitted by legislation, the royal prerogative does not allow ministers to change statute law or the common law. This has been constitutional law since the Case of the Proclamations (1610) 12 Co Rep 74 which was confirmed in the Bill of Rights 1688. The decision concerned the European Communities Act 1972. This statute makes EU law part of UK domestic law without, in some cases, any further primary or secondary legislation and actually takes precedence over all domestic sources of UK law, including statutes. In constitutional terms this was unprecedented because it represented a reduction in the sovereignty of Parliament. That was not fully recognised until the Factortame litigation in the 1990s in which, in effect, the House of Lords set aside a UK statute that was in conflict with EU law. The 1972 Act is the “conduit pipe” by which EU law is introduced into UK domestic law.
The other ground in the appeal was whether legislative consent to withdrawal was required from the devolved assemblies of Scotland, Wales and Northern Ireland. First, the majority in the Supreme Court held whilst the devolution legislation required the devolved assemblies to observe and implement EU law, that legislation did not go further and require the UK to remain a member of the EU. Also relations with the EU, like other matters of foreign affairs are reserved to the UK Parliament. ‘Accordingly, the devolved legislatures do not have a parallel legislative competence in relation to withdrawal from the European Union’ at . Second, the Sewel convention that the Westminster Parliament will not normally legislate on devolved matters without the consent of the devolved legislatures was a constitutional convention and not a law. Conventions are defined as non-legal but authoritative rules of political practice governing the exercise of power within the constitution. Conventions are unenforceable by the courts, but politically enforceable because of the adverse constitutional consequences that follow if they are not observed. The Sewel convention was embodied in a Memorandum of Understanding between the UK government and the devolved governments in December 2001. And in respect of Scotland, the Scotland Act 2016 recognises the Sewel convention. But the convention remains a convention and has not become a law that requires the devolved legislatures to consent to the UK withdrawal from the EU. The majority in the Supreme concluded ‘[t]he Lord Advocate and the Counsel General for Wales were correct to
If notice was given using prerogative power then once a withdrawal agreement came into effect or two years expired the 1972 Act would become defunct. Its direction to the courts to apply EU law would be meaningless because that law would no longer apply to the UK. In fact it would be unnecessary to repeal the 1972 Act although the government intends to do so in the Great Repeal Bill. This would amount to changing a
The case of R (Miller) v Secretary of State for Existing the European Union  UKSC 5 is a great constitutional importance as it concerns the separation of powers and who has constitutional power in the United Kingdom.
acknowledge that the Scottish Parliament and the Welsh Assembly did not have a legal veto on the United Kingdomâ&#x20AC;&#x2122;s withdrawal from the European Union. Nor in our view has the Northern Ireland Assemblyâ&#x20AC;&#x2122; at . Comment. Miller represents the culmination of a seven months battle as to where power lies in the constitution. This case shows the constitution in action in which the decision of Supreme Court confirms that there continues to be a separation of powers in the UK constitution with an independent judiciary not afraid to apply constitutional law against a powerful executive. The government is subject to the rule of law or as Lord Denning said â&#x20AC;&#x2DC;be ye ever so mighty the law is above youâ&#x20AC;&#x2122;. Triggering article 50 has to be authorised by Parliament. But it must be said that whilst this is a legal defeat for the government the mood amongst ministers remains good because (i) they donâ&#x20AC;&#x2122;t have to get formal consent from the devolved assemblies, and (ii) the Supreme Court did not set out the detail of the legislative authorisation of withdrawal but rather set out the minimum requirement that the UK Parliament must authorise withdrawal. The detail is matter for Parliament to agree on and the government has published a bill which contains just two clauses and is only 137 words long. Clause 1 states â&#x20AC;&#x2DC;Power to notify withdrawal from the EU (1) The Prime Minister may notify, under Article 50(2) of the Treaty on European Union, the United Kingdom's intention to withdraw from the EU.(2) This section has effect despite any provision made by or under the European Communities Act 1972 or any other enactmentâ&#x20AC;&#x2122;. The aim is to keep the bill simple to avoid too many amendments. Although the government has provided only five days debate on the bill it is likely to pass the House of Commons as Labour has agreed to support the bill. One conservative MP Ken Clarke will vote against the bill as will the fifty -nine Scottish National Party MPs and nine liberal democrats MPs. Sixty Labour MPs are threatening to ignore the Jeremy Corbynâ&#x20AC;&#x2122;s three line whip to vote for the bill. Despite this the government should have a majority to pass the bill. Ministers have warned that there will be a constitutional crisis if the House of Lords delays or rejects the bill so that notice of withdrawal cannot be given at the end of March. The
Prime Minister has agreed to issue a White Paper on the UKâ&#x20AC;&#x2122;s strategy for leaving the EU although this likely to a repetition of her recent speech on that issue. Notice will eventually be given and that is when the real political slog with the EU begins. There are many legal issues to decide, for example, currently divorce orders made in the UK apply throughout the EU, will this continue after Brexit?
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Recovery of costs: a double-edged sword for claimants Defendants can recover costs if a Claim Form is issued, even if proceedings are not served The recent case of Webb Resolutions Limited v Countrywide Surveyors Limited  Ch Div serves as a timely reminder that issuing a claim form, whether to preserve limitation or for tactical reasons, can have cost consequences even if the claim is abandoned before proceedings are served on the defendant. Professional indemnity specialists James Robins and Belinda Fox of Bond Dickinson LLP, who acted for Countrywide in this case, explain its significance for litigation practitioners. Background had overvalued a residential property in 2007. Webb claimed that its loss following repossession and sale was £31,150. Webb's solicitors, Rosling King, served their Letter of Claim under the Professional Negligence Pre-Action Protocol in May 2011. Countrywide, having obtained expert evidence of its own, served a Letter of Response denying liability. Webb proposed a without prejudice meeting between the parties' valuation experts, to which Countrywide agreed, but then had a change of heart and no experts' meeting took place. During that period, Webb made numerous Part 36 and costs-inclusive offers in an attempt to persuade Countrywide to settle its claim. Webb's offers referred to its own solicitors' increasing costs – a tactic commonly used to draw attention to a party's risk on costs and persuade it to
agree to a commercial settlement. For example, by September 2011 (four months after service of Webb's Letter of Claim), Webb advised that Rosling King's costs stood at £20,135. By May 2013, Rosling King's costs had risen to £62,785 – twice the value of Webb's claim for damages. However, Countrywide stood by its defence and made no settlement offers. Finally, Webb threatened to issue proceedings, and duly did so in August 2013. Webb made some further attempts to persuade Countrywide to settle, but Countrywide maintained its denial of liability and Webb took no further steps to serve the Claim Form on Countrywide. When the Claim Form expired, Countrywide demanded that Webb pay its costs of the abandoned claim. The arguments over costs Our application to recover Countrywide's costs was heard by Deputy Master Nurse. The issues for determination were whether Webb's costs liability was triggered by the issue of proceedings (even though proceedings were never served) and, if so, whether a costs order should include Countrywide's pre-action costs as well as costs incurred after the issue of the Claim Form. We asserted that as Webb had issued proceedings, the Court had jurisdiction to make a costs order in Countrywide's favour pursuant to section 51 of the Supreme Court Act which provides that: "the costs of and incidental to all proceedings in… the High Court… shall be at the discretion of the court". We argued that the "proceedings" were started upon issue, rather than upon service (CPR 7.2(1)). Webb asserted that the Court, in its discretion, should not require it to pay any of Countrywide's costs, on the basis that to do so would penalise Webb for having taken a "sensible" decision to discontinue its claim prior to service, or that a costs order should be confined to the costs incurred by Countrywide after the Claim Form was issued. Deputy Master Nurse found, without hesitation, that the Court had jurisdiction to make a costs order. In exercising his discretion to order costs, he considered that it would be wrong for the Court to ignore the considerable expenses which Countrywide had incurred dealing with the claim, or the fact that Webb was aware of the disproportionate expense of pursuing its claim (having made clear that its own costs amounted to over £62,000) and that Webb could have chosen to discontinue prior to issuing a Claim Form. The Master concluded that it was right that Webb should pay Countrywide's costs of the proceedings – including its pre-action costs – to be assessed if not agreed. Practice points • A defendant can only recover pre-issue costs in exceptional circumstances, usually requiring unreasonable conduct by the claimant: see for example McGlinn v Waltham Contractors Ltd  EWHC 698 (TCC). • The issue of a Claim Form renders a claimant potentially liable for a defendant's costs, even if it does not actually serve the Claim Form. Solicitors acting for claimants should be alive to the risk of issuing proceedings as a tactic to apply pressure upon defendants to settle claims. If limitation is in issue, consider proposing a standstill agreement. • Although there may be a dispute on assessment as to which of the defendant's costs are “costs of and incidental to” the claim, a Court is likely to treat a defendant's costs of responding to a Letter of Claim as incidental to the claim eventually issued and so recoverable. James Robins (Partner) & Belinda Fox (Managing Associate), Bond Dickinson LLP.
“If you’re a taxdodger, we’re coming after you” The Prime Minister has pledged to take action against “advisers” who help the rich avoid tax In the Prime Ministers first Conservative Party conference speech as Prime Minister, she singled out advisers, accountants and middlemen as targets in the government’s clampdown on tax avoidance.
ay says: “If you’re a tax-dodger, we’re coming after you. If • HMRC say that these penalties will not affect those who engage you’re an accountant, a financial adviser or a middleman in 'legitimate' tax planning, but legitimate tax planning is not defined who helps people to avoid what they owe to society, we’re and one person's legitimate tax planning is another person's coming after you too. unacceptable tax avoidance. You could have a situation where a client seeks tax advice about a potential tax liability and if the “An economy that works for everyone is one where everyone plays adviser tells them how to save tax they may be penalised by HMRC by the same rules. So whoever you are you – however rich or and yet if they do not advise the client they may be sued for powerful – you have a duty to pay your tax. And we’re going to negligence. make sure you do.” • Similarly, a solicitor is under a professional duty to act in the best We can now all probably spot a mass marketed tax avoidance interests of his or her client at all times but how are they able to scheme, but how do you now differentiate between what is a mass satisfy their professional obligations if advising their client on how to marketed tax avoidance scheme and what the mass of the advisor market and their clients would class as standard advice/planning to save tax may lead to HMRC imposing substantial penalties on the solicitor concerned. I anticipate that the Law Society and the SRA reduce down tax liabilities. will wish to express their views on the proposals. HMRC is now looking to levy penalties of either 100 per cent of the • There are practical difficulties with the proposals. For tax evaded, or £3,000, whichever is higher. In the example, it is assumed that HMRC will not be able to consultation, which closes shortly, HMRC also calls for HMRC is now seek legally privileged material which raises questions measures subjecting each person found to be enabling looking to levy of how HMRC will establish whether the lawyer tax avoidance to a penalty in their own right. penalties of concerned has 'enabled' the avoidance and should either 100 per Speaking with Adam Craggs, a Specialist Tax Litigation therefore be penalised. Similarly, it is often difficult in cent of the tax Partner at Reynolds Porter Chamberlain LLP, he complex tax disputes to quantify the tax 'avoided' and evaded, or expressed the following views/ therefore it may be difficult to quantify any tax geared £3,000, • The recently published consultation document penalty. whichever 'Strengthening tax avoidance: sanctions and deterrents' • The rule of law is designed, amongst other things, to is higher. contains a number of government proposals for act as a constraint upon behaviour, including the deterring tax avoidance. In my view, the proposals are behaviour of government officials. If enacted in their ill thought out and are an attempt to conflate tax evasion, which is current form, I would expect the proposals to be subject to legal of course against the law, with tax avoidance, which is lawful. challenge on the basis, for example, that they breach the Human • The main thrust of the proposals is the introduction of penalties Rights Act 1998. for 'enablers' of tax avoidance which is 'defeated'. The proposals are • HMRC are frequently provided with wide ranging powers which aimed at people who undertake transactions where tax is saved in they then rarely use. For example, the GAAR, which suggests that a way which was not intended by Parliament. It proposes charging such swinging powers are not necessary. No evidence has been penalties on everybody who enables others to avoid tax such as produced by HMRC to support the argument that these new trustees, accountants, IFAs and lawyers. The proposals appear to powers are really needed. be illogical because if somebody enters into a transaction with the Suffice to say the tax world is constantly changing for advisors, the intention of saving tax and following a challenge by HMRC the question is when does standard advice planning cross over into tribunals/courts find that it succeeds, the transaction is in accordance with the intention of Parliament and if the transaction is something more aggressive, the rhetoric from HMRC and the not in accordance with the intention of Parliament, it will fail and not Government seems to suggest it is at the point where any advisor now saves tax on behalf of its clients. save any tax. In other words, if it succeeds, it is not objectionable and if it fails there is no tax saving! Steven Vallery • The proposals will penalise professional advisers who have Business Development Director advised clients who have entered into perfectly lawful transactions S4 Financial Limited and claim, on the basis of the advice they have received, that the Contact: 01276 34932 transactions result in a certain beneficial tax effect. HMRC is suggesting that if the claim fails the professional adviser should be Important Information penalised for simply expressing a view on the law which does not This newsletter is for general information only and is not intended to be advice to any correspond with the view held by HMRC. For HMRC to say that specific person. You are recommended to seek professional advice before taking or although you have not broken any law we are going to penalise you refraining from taking any action on the basis of the contents. The FCA does not simply because you have disagreed with us must surely be regulate tax advice so it is outside the investment protection rules of the Financial unacceptable in an established democracy. Many commentators Services and Markets Act and the Financial Services Compensation Scheme. find the notion of penalising lawyers for advising their clients on the law repugnant.
YOUR ADVENTURE BEGINS...
Poole based Event Management Agency, Eventscape, has been organising events across the UK and Overseas since 2002. We create high end incentives and events, resulting in memorable experiences for our clients and partners. We organise Conferences & Board Meetings, Corporate Hospitality, Incentive & Reward programmes, Gala Dinners, Team Building and have our own Marine events division. With a wealth of countries, venues and activities available to the corporate market, the UK may logistically appeal but it is also worth considering overseas locations as sometimes these prove more cost effective. If your brief calls for a luxury one day incentive to ‘thank Partners’, contemplate chartering a private plane to France to taste Champagne in Reims, Fine Wines in Bordeaux or a gastronique delight in Paris… Consider a decadent evening of Champagne and fine dining prepared by a top Celebrity Chef on the Belmond British Pullman, whilst being whisked back in time to a more gracious age of travel. Golfing and Driving days can be magically enhanced…transport your guests to Lapland and let them try snowmobiling, Husky, Reindeer or Porsche driving or a very unusual game of golf on the frozen icescapes. Successful events may sometimes require interesting quirky elements to boost attendance. We can bring your next event to life, be it Annual Conference, Gala Dinner or Award Ceremony with lavish décor, fresh exciting performers and energisers. We offer a free venue finding service and the best hotel agency rates. Working closely with the stunning New Forest Hotel, Chewton Glen, this beautiful location provides a backdrop for Board meetings, which you may find are more productive held out of the office. We are proud of our new partnership with Somerley House as their preferred activity and event supplier. Look on our website www.eventscape.co.uk for ideas and dates for your diary for a quintessentially English summer: Henley Festival A unique black tie summer party set on the Banks of the River Thames to celebrate the very best of International and UK Music, Art, Food and Comedy 5th – 9th July 2017
Royal Ascot Not only a national institution for Horse Racing but a centre piece of the British social and sporting calendar 20th – 24th June 2017 The Jaeger-LeCoultre Gold Cup The premier Polo tournament in the world at 22 goal level, played to decide the British Open Polo Championship at Cowdray Park. 23rd July 2017 Cowes Week The largest Sailing Regatta of its kind in the world. 29th July – 5th August 2017 MARINE EVENTS Our specialist Marine division organises luxury Powerboat and Yacht Charters from the Solent and Poole Harbour. Our Marine staff are professionally accredited and with a wealth of experience of water based charters, we are able to offer boats of varying size and budget to suit all requirements. We offer luxury packages from our selection of powerboats, as a platform for you to bond with your corporate clients to watch your chosen regatta or enjoy VIP hospitality. We will be hosting a fantastic demo afternoon on board a stunning Sunseeker Predator 56 Powerboat in April, please email us if you would like to attend on firstname.lastname@example.org ■ Tel: 01202 853202
Canine Care Card Some dog owners worry what might happen to their dog if they were to pass away first, leaving their beloved four-legged friend without an owner. Thankfully, Dogs Trust, the UK’s largest dog welfare charity, offers the Canine Care Card, a special free service that aims to give owners peace of mind, knowing that the charity will look after their dog if the worst should happen. Not only does this offer reassurance to dog owners, it also helps to ease the minds of friends and family during what is already a distressing time. Over the past 12 months, Dogs Trust has taken in a whole host of dogs across its 20 rehoming centres in the UK as part of the Canine Care Card scheme and helped them settle into happy new homes. One of these such dogs is ten-year-old Jack Russell Terrier, Buddy who was taken in by Dogs Trust Glasgow when his owner sadly passed away. When he first arrived at the rehoming centre, Buddy was understandably missing his home comforts and hoping to find love again with a new owner. Thankfully, the team at Dogs Trust Glasgow were able to provide the adorable boy with a home away from home while he awaited his furry-tale ending. Dogs Trust never puts a healthy dog down, and works hard to match every dog with a responsible, loving home. After being lovingly cared for by staff at Dogs Trust Glasgow, Buddy is now starting life with a new family, who have even registered themselves on the Canine Care Card scheme.
Sarah and Buddy the dog.
Adrian Burder, Dogs Trust CEO says, “Thanks to Dogs Trust’s Canine Card Card scheme, dogs in need of a new home are given a lifeline meaning that Buddy and many dogs like him are able to get a second chance at happiness and bring joy to a new family. If you decide to become a Canine Care Card holder, we will issue you with a wallet-sized card. It acts in a similar way to an organ donor card and notifies people of your wishes for your dogs, should anything happen to you. Dogs Trust also strongly recommends that you mention the care of your dog in your Will. That way, there can be no confusion about your wishes.”
A HISTORY OF PIONEERING CANCER TREATMENT Since it launched, The Institute of Cancer Research’s (ICR) free Will scheme has raised over £8m in legacy gifts, which have helped us make some of the most important discoveries in the history of cancer research. Help us continue our 100 years of ground-breaking research. From identifying cancer-causing chemicals in cigarette smoke, to the vitally important link between DNA damage and cancer, we’ve always been committed to improving treatment and prevention through our scientific research. Thanks to the research taking place at our labs in Chelsea and Sutton, we now understand more about the biology and genetics of cancer than ever before. This means we can diagnose patients earlier and target their treatment more effectively. As such, the proportion of patients surviving cancer has doubled since the 1970s. But we envisage a world where people can live their lives free of cancer as a life-threatening disease. We have bold plans to make this a reality. We’re using cutting-edge microscope technology to look in exquisite detail at the fundamental biology of cancer cells; we have plans to build a new Centre for Cancer Drug Discovery to help us discover more and better treatments, and tackle the challenge of drug resistance; and we’re investing
in exciting new treatment approaches such as immunotherapy. Legacy donations are a vitally important source of funding for the ICR and past legacies have helped us to make some of our most significant discoveries. At the ICR we offer a Will for Free scheme, enabling people aged 60 and over to make a basic Will or update an existing one – and the ICR will cover the cost. Almost 400 solicitors across the south and east of England have partnered with the ICR on our Will for Free scheme, and together they helped secure almost £2.5million in legacy pledges in the last financial year. The importance of these pledges cannot be overstated; knowing that we can rely on future funds from legacy gifts allows us to embark on major research initiatives and invest long-term in finding the solutions to defeat cancer. To find out more about the ICR and our Will for Free scheme, please visit our website icr.ac.uk/legacy or call Marcia on 020 7153 5387 or email email@example.com. “Having been a researcher at the ICR for almost 20 years, I have seen it go from strength to strength. I am proud of the impact its research has had, and will continue to have in the future. I decided to leave a legacy to the ICR in my Will because I want their vital work to continue.” Professor Robin Weiss FRS Former Director of Research at the ICR.
Genealogical research – The secrets of locating missing heirs With the majority of estates, identifying the rightful heirs is straightforward. However, when beneficiaries are missing or unknown it can throw the entire estate administration process into disarray. A case which highlights these risks involved a spinster who died intestate and left a £200,000 estate. Her paternal family was quickly located and reported that there were no surviving maternal relatives.
unless genealogical research has been undertaken beforehand. For larger estates, a recognised genealogy report is often the only viable option for legal professionals to take.
To safeguard you and your clients against the consequences of a missing beneficiary coming forward, many firms carry out a beneficiary search through a specialist genealogist, like Title Research. They However, when the deceased’s post was redirected to her This may sound provide a comprehensive report which identifies any potential solicitor, a card was received from ‘Cousin Joyce’ who had not unusual but heirs (and locates them if necessary) or at least provides been mentioned by any other family members. As a result, the Title Research reassurances that there is little chance of further beneficiaries solicitor appointed Title Research to research the family tree in existing. greater detail. They identified seven maternal family members reports that 40% of family “In the authors’ view, whilst there is no authority which provides who all stood to inherit from the estate under intestacy rules, trees that they assistance on this point, it is possible that a beneficiary might fundamentally changing the distribution of the estate. check contain successfully argue that the personal representative has acted in This may sound unusual but Title Research reports that 40% errors. breach of duty by appointing an heir locator on such a basis, of family trees that they check contain errors. Had the estate and should be personally accountable for the share that the beneficiary been administered without further investigation, the beneficiaries (and has paid to the heir locator.” their legal representatives) could have been left exposed if entitled beneficiaries emerged after the estate had been distributed. So how do you mitigate these risks? The SRA expects you to take reasonable steps to find all beneficiaries; only small estates of £500 or less can be self-certified and donated to charity. One way of doing this is to ask the beneficiaries whether they are aware of any other heirs but cases like ‘Cousin Joyce’ demonstrate how this approach is inherently unreliable. Specialist insurance cover to mitigate the risk of a missing beneficiary coming forward is also an option. However, very few insurers offer cover
Tom Curran, Chief Executive at Title Research said: “Failure to carry out thorough genealogical research could result in a missing or unknown heir coming forward after an estate has been distributed. We locate thousands of missing beneficiaries each year which highlights how easy it is for legal professionals to fall foul of assuming that all heirs are accounted for. Our consultant genealogists trace people across the world and have a success rate of over 90%, so we are confident that we can help our clients with even the trickiest of estates.” For more information Title Research’s services, visit www.titleresearch.com or call 0345 87 27 600.
LEAP enhances technical support and grows team LEAP, the world’s leading cloud software provider for small law firms, has recently transformed its UK customer service model, moving from an inbound helpdesk telephone system to a LiveChat system where the vast majority of support issues can be resolved immediately.
A client logs onto the LiveChat system, the call is automatically logged and the client is straight away talking to the technical support team. The team operates a triage system and over 80% of problems are resolved straightaway. The option of phone support is always available. With the LiveChat system all ten of the LEAP support team say they have resolved an issue with online chat within one minute. How many phone-based teams can claim that? LEAP’s support team is UKbased, currently comprises of ten members, with three more to be added because of sales growth. Sarah Martin-Lewis, Helpdesk Manager for LEAP, comments: “Clients understand that LiveChat means an immediate response to a query without having to wait in a queue for a period of time Customer agent Rhys Tudor-Davies adds " LiveChat gives us the opportunity to resolve multiple issues at once and allows customers to get in touch quickly without the need to be kept on-hold." LEAP UK CEO Peter Baverstock comments: “We are exceptionally proud of our support team and we are delighted with the LiveChat system. We never give up on a technical problem. We pride
ourselves in having the best software for small law firms and we can now add the best support to that.” LEAP customer Derek Adkins, DRA Conveyancing Ltd. comments “We have found the LEAP support to be patient and reliable. To illustrate this, I was recently working whilst flying at 35,000 feet on an airline which offers Wi-Fi; having some problems, I contacted LEAP Support. They promptly logged on to my laptop remotely and almost fixed my issue (only weak Wi-Fi preventing full resolution). The next working day LEAP completed the fix allowing me to be fully engaged in the running of my practice, and the accounts, whilst 5,000 miles away from UK.” and finally …. Some amusing quotes from the support team have received from clients include: "Could you just pop down and sort this out for us? I’ll make you a nice cup of tea and a sandwich." "Would you like to come to a birthday party? There will be curry." “The moths are back. Can you help?”
Moving in the right direction As we continue to expand in several areas, we felt it would be beneficial to highlight some of the work we are doing in the Tier 1 (Entrepreneur) visa area, as well as in the area of auto enrolment. The two areas are interlinked, as we often help with auto enrolment solutions for companies that we have helped to raise funds through the Tier 1 scheme. Tier 1 progress We have made significant progress across the board for our Tier 1 (Entrepreneur) investment scheme, and are currently working closely with approximately 20 Chinese clients for whom we are looking to find suitable investment opportunities. As ever, the interest is wide and varied, ranging from the automotive industry to telecommunications and everything in between. The minimum investment has been set at £200,000, which is a large enough investment to raise interest from a variety of companies. Having made three trips to China last year and with at least two trips already planned for 2017, we are fully confident that we will be taking on well over 100 new clients across the coming year. We are always interested in meeting both companies that are looking to raise funds and new clients who are looking for companies to invest in. We would welcome any feedback that the Hampshire Law Society members may have. Auto enrolment update Since auto enrolment was introduced in 2012, it has encouraged millions of people to save for their retirement. Media campaigns have attempted to make the legislation common knowledge; however, with hundreds of thousands of SMEs still yet to stage, the importance of clear and suitable financial advice is apparent.
At Independent Financial Solutions (IFS), we understand that auto enrolment is not just about pension saving, but is predominantly a payroll processing issue. As such, for successful ongoing management, both the pension and payroll services must work closely in tandem. When meeting this need, an adviser also has the opportunity to assess an employer’s complete situation and offer a total package solution. Earlier this month, IFS launched the SuperTrust UK Master Trust, which is a simplified auto enrolment pension scheme option for employers. In addition to providing access to a fully comprehensive online portal for both employers and their employees, SuperTrust allows investors to convert their holdings into a personal account. This option provides individuals with financial advice, which then allows them to access a wide range of multi-asset investment fund options and other financial products to meet their personal requirements. As part of the advice package, we are also able to support employers with payroll processing, HR guidance and corporate financial advice such as group protection and profit extraction, all with a cost-effective pricing structure. This approach allows us to provide our clients with a complete financial service they can trust. For any further information regarding the above topics or any other related areas, please initially send an email to firstname.lastname@example.org or call 01243 432430.
FIGHTING BACK AGAINST THE FRIDAY FRAUDSTERS The digital world offers a seemingly unending stream of opportunities for criminals to enrich themselves at the expense of others. The legal profession, routinely dealing as it does with the most sensitive of financial affairs, is a tempting target for the scammers. One of the latest forms of internet crime to hit the headlines is conveyancing fraud – or so called “Friday Afternoon Fraud” - involving the fraudulent diversion of wire transfers into bank accounts under the control of scammers. Typically, the crooks strike just before a weekend or a bank holiday, hence the catchy sobriquet. The sums of money involved are substantial and the risks minimal. Little wonder that is one of the fastest growing online frauds.
grade security, collaboration and administration tools. The resulting product offers full end-to-end (e2e) encryption across not just messaging, but voice calls, video conferencing and file sharing. In developing VIPole, we took a completely different approach,” says Miller, “Starting from the basic concept of an encrypted team collaboration tool, rather than a personal messenger with encryption added as an afterthought.” Unlike most other apps, IT administrators can manage teams of users, with a high degree of control over how they can use the system. “For example,” says Miller, “We can give individuals the ability to read but not share certain files, or deny access from devices outside the corporate network”
A typical case will involve the victim being contacted on the day of exchange, apparently by their solicitor, informing them of a change of bank details for the transfer of funds. The emails appear absolutely genuine, and include all the correct names and references. But in reality, the email is a fake; the fraudster has intercepted legitimate email The reason is that it’s not just emails that are vulnerable to unauthorised exchanges and has been patiently monitoring activity, waiting for the access. “Unencrypted data stored on mobile devices and even a right moment to interject false transfer information. Once money hits the company’s own server also represents a potential threat. criminal's account, it is instantly transferred to a Research has shown that 42% of all commercial data loss network of other accounts all over the world, where Encryption is a incidents involve a company’s own personnel, either acting it effectively becomes untraceable. powerful weapon maliciously or accidentally.” VIPole protects this data as well,
and gives administrators the power to remote wipe sensitive As is common in electronic crime, it is the humble against fraudsters, data from devices that have been lost or stolen. email that provides the entry point for the criminals. but only if it can Emails are typically sent as plain text across However one familiar feature that VIPole shares with other be properly networks, making them easy to eavesdrop once a popular apps is ease of use. Miller continues, “An effective implemented, network has been compromised. Private system must not complicate communications, and it must individuals are the least likely to be security-aware, effectively provide all the tools needed within a single e2e encrypted making them easy targets. Home WiFi networks platform. And, obviously, it has to have the ability to facilitate managed and with poor security; “man-in-the-middle” attacks external communications with clients within a secure easily used. trapping unwary users attempting to connect to environment.” free WiFi hotspots in public spaces or malwareRather than relying on usernames and passwords, algorithms ensure infected downloads are all used to listen out for key words and phrases that messages remain secure, that the sender and recipient are who that alert the crooks to potential property transactions. they appear to be and that nobody else is listening in to that The modern-day ubiquity of email was driven by its convenience, and conversation. End-to-end encryption ensures that nobody – not even the many people now use instant messaging for exactly the same reason. software provider - is able to break into conversation or create fake IDs Popular apps such as WhatsApp are convenient and easy to use, and or messages. “That,” comments Christopher Miller, “Stops the Friday as a bonus, many are increasingly using encryption techniques to Fraudsters dead in their tracks.” prevent messages being intercepted. Encryption encodes network traffic But what about the potential legal implications of sharing confidential so that only sender and recipient can unscramble the original data. client information over a public cloud service such as WhatsApp? VIPole Given the apparent benefit, it may appear odd that the business world has a simple solution; it offers an on-premise package that enables appears slow to catch on to this important development. However there firms to run the service completely in-house on their own server to create are reasons for this, as VIPole’s head of development, Christopher Miller their own private, strongly encrypted messaging eco-system. Firms are explains; able to connect clients to their secure system as easily as sharing an “Encryption is a powerful weapon against fraudsters, but only if it can be email address, but without compromising security. The VIPole client properly implemented, effectively managed and easily used. End-to-end software is available as a free download for all platforms (iOS and (e2e) encryption of traffic is the minimum requirement, but many Android, as well as Linux, Windows and Mac OSX), so anyone can start messengers do not meet this standard. Of those that do claim to be using it without having to buy equipment or install complicated software. e2e, question marks remain over how confidential data transiting across Moving to encrypted communications brings another benefit for legal third-party cloud servers actually is. For example, WhatsApp claims to professionals. With the greater publicity around conveyancing fraud be e2e encrypted, but admitted last year that it shares user data with creating anxiety in the market, the ability to guarantee secure parent company Facebook to profile users for marketing purposes.” communications with its clients and restore confidence, gives it an In 2013, VIPole, a UK-based software developer, set out to develop an obvious marketing advantage, as well as closing the door firmly on the instant messaging system that combined ease of use with enterprisecriminal aspirations of the Friday Fraudsters.
ANTI- MONEY LAUNDERING UPDATE by Bill Jones
CEO of Riliance Training Ltd The Fourth EU AML directive came into force on 26 June 2015 and it places an obligation on member states to implement its requirements by June 2017. The directive seeks to give effect to the updated international anti-money laundering and counter-financing of terrorism standards set by the Financial Action Task Force. The directive is accompanied by the Fund Transfer Regulation, which updates rules on information accompanying transfers of funds, and this will also come into force in June 2017. Whist the directive is EU driven the government has made it clear that Brexit will have little impact on its AML/CTF strategy and it is expected therefore that the requirement of the directive will be implemented in the UK. In any event until Brexit negotiations are concluded, the UK remains a full member of the European Union and all the rights and obligations of EU membership remain in force. What does this mean for law firms? For those firms that currently have appropriate and compliant systems/procedures in place (and let’s face it all firms should have) it shouldn’t be too painful an exercise for them to embrace the changes that the new directive will require. The directive does however include some fundamental changes that will necessitate law firms having to re-visit their anti-money laundering policies and procedures. In particular changes will involve a more focused approach towards AML/CTF risk assessment. Every firm will need to demonstrate that it has carried out an assessment of such risks at both organisation and individual transaction levels. Risk assessments will need to be documented, kept up to date and made available to supervising authorities such as the Law Society. Simplified Due Diligence The current simplified due diligence requirements specifically allow firms to take a more relaxed approach towards carrying out CDD when dealing with certain entities such as local authorities, listed companies and credit institutions. The new directive imposes greater emphasis on a risk-based approach irrespective of the type and status of the client you are entering into a business relationship with. In simple terms this means that law firms will have to determine the appropriate CDD measures dependant on the risks associated with the relevant retainer. Article 15 of the directive states: “Before applying simplified customer due diligence obliged entities shall ascertain that the business relationship or the transaction presents a lower degree of risk” Politically Exposed Persons Under the Money Laundering Regulations 2007 enhanced customer due diligence (EDD) is required when entering into business relationships with people who have held prominent and influential positions outside the UK in the 12 month period prior to a business relationship commencing. These clients are known as politically exposed persons (“PEPS”). Clients who are
close relatives or business associates of PEPS are also subject to the same EDD requirements. The fundamental change to the PEP requirements in the new directive is that PEPS will also include individuals who have held prominent positions in the UK during the relevant 12 month period. Law firms will have to have risk based procedures in place to determine whether a client or beneficial owner is a PEP. The directive emphasises that the requirements relating to PEPS should not be interpreted as “stigmatising politically exposed persons”. Refusing to take on a client simply because he or she is a PEP will be deemed contrary to the letter and spirit of the directive. When acting for PEPS law firms must ensure firstly that senior management approval is given to continuing with the relevant retainer, secondly that adequate measures are taken to establish the source of funds that are involved in the business relationship and thirdly that they conduct enhanced on going monitoring of the business relationship. Beneficial Owners The new directive places considerable emphasis on requiring member countries to put in place measures aimed at making the process of identifying beneficial owners more transparent. Corporate and legal entities, trusts and similar structures will be required to hold adequate, accurate and up to date information about their beneficial owners. They must make this information available to any person or organisation that can demonstrate a legitimate interest. These will include banks, law firms and other regulated organisations. These accessible registers will contain the names, dates of birth, nationality, country of residence and the nature and extent of the beneficial owners’ interests in the transaction. Looking ahead this should make life easier for law firms in terms of the requirement to identify beneficial owners and understand the nature and structure of the relevant relationship. Contact For further information about the 4th EU AML directive or the AML compliance services offered by Riliance Training Limited contact Bill Jones on 01829 731200 or by email at email@example.com
Anti-Money Laundering & Financial Crime – Nothing to worry about then! Leading search provider PSG asks Norman Denton from compliance and risk management specialists Legal Eye, to explain the importance of remaining vigilant in the fight against fraud. As we enter another year, existing threats from Financial Crime remain with us. However, we also have a few additional threats coming along in the form of regulations, statute and enforcement agency action. For example:
PSG work closely with Legal Eye to provide conveyancing solutions with a range of Practice Support Services to ensure compliance with the ever changing regulatory framework. You can find out more about the services on offer here https://www.psgconnect.co.uk/legaleye/.
• Anyone who has read the SRA AML Report released back in May, will recall individuals in firms have mistakenly believed that Money Laundering is limited to regulated activities, or simply looking out for drug and terrorist finances. Not the case, and might still get them into difficulties. As the SRA in its report commented:
We have also recently partnered with GBG, world leaders in identity data intelligence, offer an enhanced solution to your AML and fraud prevention obligations. It’s automated and online, meaning we’ll help you reduce your use of paper-based ID checks, streamlining processes and removing the risks (and costs) associated with manual checks.
“During our visits firms were made aware that they are still at risk of committing money laundering offences under POCA if, for example, they become involved in facilitating sham litigation, such as dealing with staged road accident claims, or bogus clients.”
For more information on Practice Support Services or our AML solution: Email: firstname.lastname@example.org Visit: www.psgconnect.co.uk or Telephone: 0845 1212 355
and, “There are clients for whom firms should not act regardless of the level of risk that is assessed and applied. These clients are those subject to sanctions. The sanctions regime is absolute and stands outside any risk based approach.” • In the last few months, I’ve noticed an increasing number of enquiries from firms dealing with Data Protection S29 requests from investigators of suspected criminal activity including fraudulent claims. • Coming along by April is the Criminal Finances Bill which in its current draft form proposes extending its reach to those professionals and their organisations with the creation of two new offences: • Failure to prevent the facilitation of UK tax evasion, or • Failure to prevent facilitation of foreign tax evasion So, for example, none of you allow a private client to have a Bill issued for private client services and invoiced to their company. If they subsequently confess to tax evasion, as proposed, you will have some serious questions to defend around a possible conspiracy charge.
An extra layer of security s y for you and your client Almost every week, ther ere is another report of innocent people having their identities stolen and a being defrauded out of tens, or even hundreds, of thousands s of pounds - often, involving a propertyy transaction. Verify the identity of almost most anyone at any time, anywhere in the he world as part of your customer due diligence processes and help elp protect your clients from o the risk of conveyancing fraud. Try o our enhanced AML and bank nk account validation offering, now available to order via PSG Connect..
• Late November 2016 saw the closure of a Home Office Consultation on transposition proposals for the EU 4th Money Laundering Directive. A further very brief consultation period will open in the next few months before final enactment in time for the June 2017 deadline. Specific areas to note are: • AML Risk Assessments – a need for ongoing written assessments? • Domestic PEPs – how far will a risk based approach to EDD extend? • Trust Registers – a new feature • Data Protection – treatment of additional enquiries e.g. supplementary to a Suspicious Activity Report • Operation of your Pooled Client Account – if Simplified Due Diligence is removed from Banks, how will this affect your clients as funds pass through your Client Account
To find out more Call 0845 1212 355 Email customerservic email@example.com Visit www.psgconnec ct.co.uk
So lots for the firm’s radar to be monitoring whilst you complete the day job!
eConveyancing starts to take shape
an interview with Adam Bullion, General Manager of Marketing & Product at InfoTrack Why is changing technology important? It has become clear that advances in technology, such as the advent of the internet and the smartphone have changed human behaviour. From our professional lives, where we work longer hours due to remote technology, to the behaviour in our personal lives, where we expect to have access to information instantly and be able to perform many tasks wherever we are, whenever. Consumer behaviour also has changed, and ecommerce has become king, so we no longer need to ever leave our homes to buy goods. These daily efficiencies are also expected by staff, and as a business owner it is our duty to implement the appropriate technology to meet these changing needs, particularly when, regardless of technological advances, many business processes remain stagnant. In terms of the conveyancing process where do you foresee the potential for change? I believe that the conveyancing industry is a legal sector that is overdue for change. Aside from searches, many parts of the process have already become electronic and are hosted online, such as the submission process for the SDLT and AP1 forms. However, no provider has taken advantage of this ability, until now. At InfoTrack, we look at the most cumbersome and form heavy sections of conveyancing and turn these into electronic versions that are easier to complete and enjoyable to use. Upon review, we identified the contract pack as the next segment of the process where administrative processes can be reduced and optimised. With this in mind, we have created eCOS (electronic Contract of Sale) which combats the time consuming process of copying information into a contract, as well as dealing with the slow and unsecured way in which these documents (including the TA6 and TA10) are handled. eCOS is a fully electronic process that conveyancers can take now advantage of and be seen by their clients as truly forward thinking. Tell us more about eCOS, what does this do? We created eCOS (electronic Contract of Sale) to be a paperless solution that gives conveyancers the ability to compile the full contract pack electronically, including the TA6, TA10, contract, title and plan. Our smart eCOS portal also allows the contract pack to be easily sent and received by both the conveyancer and the client within InfoTrack, so you can rely on it being a fast, paper-free and completely secure process that requires no printing scanning, posting or faxing. These contract packs can also be signed
electronically by all parties involved, using the latest in e-signature technology. At InfoTrack, our mission to build the end to end conveyancing process online is being enacted one process at a time, and eCOS is the next step. Are electronic signatures acceptable forms of signing legal documents? With a growth rate of over 53% annually, e-signatures are rapidly being adopted in many industries and at different levels of transactions. The Law Society recently released a practice note on the use of electronic signatures in law, and with secure, stringent measures put in to maintain the highest level of security, electronic signatures are highly regarded and are an efficient way of signing documents. The technology we use is by DocuSign, the global industry leader in e-signing. Would you offer any advice to conveyancers looking to adopt new technology? InfoTrack aspires to create technology that is not only incredibly efficient and simple to use, but also makes day-to-day processes more enjoyable. I believe that good technology should be a joy to use, as well as providing clear operational benefit. So when adopting new technology for your firm, I always suggest that a series of questions are asked; does it add value to the customer? Does it reduce operating costs? Is it relevant? Will it help us excel in our core competencies? Will it reduce cost/improve quality/provide a set of functions that did not exist before? Those technologies that will be most valuable should respond â&#x20AC;&#x2DC;yesâ&#x20AC;&#x2122; to all those questions. â&#x2013; By Adam Bullion, Head of Marketing
Tailored Regulation from a Specialist The Council for Licensed Conveyancers (CLC) was established in 1985 to foster competition and innovation in the conveyancing market. The CLC has always looked to be a proactive regulator in anticipating and monitoring the issues that affect the licensed conveyancing community. We work closely with all our licence holders and we listen to what they say, helping them to achieve the right outcomes for consumers.
The CLC regulates thriving firms of all types and sizes, and has always looked to promote high regulatory standards. Each CLC Practice is allocated a Regulatory Supervision Manager (RSM) whose role is to guide them in all regulatory and compliance issues.
Today, we are still helping legal businesses to thrive by finding new ways to meet changing customer expectation. Our approach is to support firms to achieve compliance and to accommodate different ways of working where we can. In 2016 we were awarded the highest overall rating of any legal services regulator by the Legal Services Board.
Should you wish to discuss your Practiceâ&#x20AC;&#x2122;s requirements, whatever your business model, we will be more than happy to meet with you, or discuss them over the telephone. Please email Jeremyh@clc-uk.org
There has also been no need for an accreditation scheme for CLCregulated firms or lawyers, thanks to their specialisation and the effectiveness of our tailored regulation. In a recent survey, three quarters of licensed conveyancers stated that the CLC provides value for money and supports them in developing their businesses. From 1st November 2016 the CLC reduced its regulatory fees rates for Practices by 20%.
TAILORED REGULATION OF SPECIALIST LAWYERS PROTECTING THE CONSUMER SUPPORTING INNOVATION, COMPETITION AND GROWTH
If you would like to find out more about CLC regulation, or are considering becoming a CLC regulated Practice then please visit the CLC website: http://www.conveyancer.org.uk/Regulation-by-CLC.aspx where you will find more helpful information, including how to qualify as a CLC Lawyer: http://www.conveyancer.org.uk/trainee-lawyer.aspx
ITâ&#x20AC;&#x2122;S TIME TO THINK ABOUT THAT MOVE
To find out more about how your practice could benefit from transferring to the CLC, contact us on the details below.
www.clc-uk.org/Changing-Regulators or call 020 7250 8465 Hampshire Legal
BOURNEMOUTH IN YOUR POCKET. Smartphone users expect everything they need to be just a few screen taps away, wherever they are. And conference delegates are no exception. With a destination app they can find cabs and restaurants, find out what’s on in local bars and cinemas, shop and take in the local sights and attractions. It also makes their money go further.
“Now, with the new app, local businesses will be able create targeted offers relevant to events and the audiences who attend,” says Business Events Bournemouth’s Manager, Karina Gregory. “Delegates and visiting members of the public expect to have everything they need for their visit, on tap, on their smartphone. Our new app puts Bournemouth in their pocket, giving plenty of options to make the most of their visit and choose how and where to spend their money wisely.
Local businesses will be keen to design and publish special offers to reach the thousands of business tourists looking for ways to spend their money and free time, which means delegates get the best the destination can offer, for a great price. Last year, over 118,000 delegates visited Bournemouth. That’s a huge market for local firms to tap into, “By providing a destination app we are giving visitors a more leading to plenty of choice and some very competitive deals for Last year, directed and focused experience that works faster than visitors. over 118,000 browsing a mobile website. Once they download it to their phone, the things they value most are in immediate reach,” Business Events Bournemouth has teamed up with Bournemouth delegates says Simon Richards, Reservations Manager at Business Town Centre Business Improvement District (BID) to develop and visited Events Bournemouth. “Most of the data for the destination launch an exciting new app to attract more customers to the town Bournemouth. will live on the visitor’s phone, rather than relying on centre. Launched this month, the Bournemouth app will create a fluctuating internet and wi-fi signals. new channel for local businesses to promote deals and special offers to the many thousands of people coming to attend business and “We can keep tuning the content to reflect the way people use the consumer events in Bournemouth. app – the more we learn about our visitors’ interests and preferences, the more relevant the content will be to their experience.” Conference delegates, staff, exhibitors and other visitors will be able to download the app free to their Apple or Android smart devices to help To find out more Call 01202 055556 plan their visit and create their own itinerary for exploring the town. Email firstname.lastname@example.org or Visit BusinessEventsBournemouth.org.uk Business Events Bournemouth is the officially appointed agency for Bournemouth’s hotels, helping organisers to find the right fit in venues and accommodation for their delegates.
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Swain and Co Solicitors FAMILY LAWYER Location: Salary:
Havant/ Portsmouth or Southampton Dependent on Experience
Proven track record of client retention and fee earning is essential. Job Information: Family mediation qualification an advantage. This role provides the opportunity to undertake good quality work within a supportive and forward thinking team environment. Applications by CV submission to Helen Ash: HelenAsh@swaincohavant.uk.com
Mackarness & Lunt Solicitors Location: Salary:
Hampshire Dependent on Experience
SOLICITOR/FCILEx RESIDENTIAL CONVEYANCING
SOLICITOR/FCILEx PRIVATE CLIENT 3+ years PQE for busy, well established High Street practice in Hampshire. Must be capable of managing an existing caseload. Would consider full time or part time candidates. RESIDENTIAL CONVEYANCING - commercial property or company law experience an advantage but not essential. PRIVATE CLIENT - experience of other non-contentious areas an advantage but not essential. Please send your CV to firstname.lastname@example.org as soon as possible.
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MISSING WILLS: Mr Michael Donald Gould 2 Sandringham Road, Fareham, Portsmouth PO14 3DN DOB 28/5/1954 DOD 24/1/2007
Ms Irmgard Elisabeth Gilbert 50 The Polygon, Southampton SO15 2BU DOD 24/8/2016
Ms Janet Rosemary Logue 38 Riverside Close, Cove, Farnborough DOB 1/4/1933 DOD Dec 2016
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Heppenstalls Solicitors PRIVATE CLIENT SOLICITOR/ CILEx Location:
The Role The role will include the development and the management of a varied caseload from inception to conclusion (under supervision if required) including Probate, Wills, Codicils, Lasting Powers of Attorney, Administration of Estates, Court of Protection applications, Trusts and Management of Client Affairs. The focus of the role is on excellent levels of client care and service with experience of all forms of wills, trusts, LPAs, probate and tax planning. The role may include visiting clients at their home and at other locations (driving licence and transportation will be required).
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Burley & Geach Burley & Geach is a well established legal practice with a large client base on the Hampshire/Surrey borders with offices in Petersfield, Liphook, Grayshott and Haslemere.
PRIVATE CLIENT LAWYER PART TIME/JOB SHARE We are looking to recruit an experienced private client lawyer for a part time/job share position to complement our existing Legal Executive. Ideal hours would be 9.00 a.m. to 5.00 p.m. on Thursday and Friday each week but there is some flexibility for the right candidate. We are looking for someone who can work independently, but who will work well as part of a team to seek and offer support as necessary. They will have a record of excellent service across a full range of private client matters to ensure continued provision of a personal, high quality service to both existing and new clients of the firm. Salary package dependent on experience
RESIDENTIAL PROPERTY LAWYER We are looking to recruit an experienced Residential Property Lawyer for our busy office in Petersfield to support the existing property team which will then allow one of the current members of that team, who currently has a mixed caseload, to concentrate on commercial property work only. We are looking for someone who can work independently, but who will work well as part of a team, both within the conveyancing department as a whole, and the Petersfield Office. They will have an excellent service record across a full range of residential matters, including high net worth and complex transactions) and serving a broad range of clients. The successful applicant will deal with all elements of a conveyancing caseload from commencement to post completion with an emphasis on providing a personal, high quality service to the firmâ&#x20AC;&#x2122;s clients.
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