Surrey Lawyer July 2019

LAWYER SURREY

The Official Journal of THE SURREY LAW SOCIETY

SUMMER 2019

The 2019 SLS LEGAL AWARDS

Inside this issue:

■ PI INSURANCE ■ FINANCE ■ AUCTIONS ■ AWARDS CEREMONY ■ NEWS

The leader in case management.

I chose Clio primarily because it’s in the cloud and therefore accessible from anywhere and secure. – Rachel Roche, Solicitor & Managing Director, Roche Legal, York, United Kingdom

Clio is the only case management solution endorsed by the Law Society of England and Wales and approved by the Law Society of Scotland.

Sign up for a free trial today at clio.com/uk Call us +44-800-433-2546 ext. 155 to schedule a demo!

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

Introduction

5

4 5 6 7

List of Officers President’s Jottings SLS CPD PROGRAMME 2019 Interim CEO Report

Local Issues 8-10 11-15

ADVERTISING AND FEATURES EDITOR Anna Woodhams

SLS Legal Awards 2019 Local News

STUDIO MANAGER

Events

John Barry

ACCOUNTS

7

Joanne Casey

16-17 18

Networking of the racier kind!

Legal Brain of Surrey Quiz 2019

19

Young Surrey Lawyers

MEDIA No. 1644

PUBLISHED

Reports

July 2019 © The Surrey Law Society - Benham Publishing

20 21

Council Member’s Report Law Society Report

22 24-25 26

Could you have Imposter Syndrome?

Mediation v Arbitration STRESS IN THE WORKPLACE

27

Free your mind... it’s time to think more objectively about structured products

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.

Articles

20

Finance

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

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

PI Insurance 28

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.

21

Property 29

FreyJo for PM!

Conveyancing

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

32

GCS Title Insurance Comprehensively Simple

33

ANTIQUES AND FINE ART VALUATIONS AND AUCTIONS

34

THE LAW OF INDUSTRIAL ACTION AND TRADE UNION RECOGNITION

Auctions

COVER INFORMATION The cover image: SLS LEGAL AWARDS 2019

Copy Deadlines

Renewing your PII for 2019 should be a priority

29

Book Review

Autumn 2019 Issue 5th September Winter 2019 Issue 5th December Spring 2020 Issue 28th March Anyone wishing to advertise in Surrey Lawyer please contact Anna Woodhams before copy deadline.

Email:

anna@benhampublishing.com

Tel:

0151 236 4141

Anyone wishing to submit editorial for publication in Surrey Lawyer please contact Hilary Underwood, before copy deadline.

Email:

hilary.underwood@surreylawsociety.org.uk

Tel:

0333 577 3830

SURREY LAWYER 3

OFFICERS

KEY OFFICERS

COMMITTEE MEMBERS

LAW SOCIETY COUNCIL MEMBERS

President

MUMTAZ HUSSAIN

SUSHILA ABRAHAM

VICTORIA CLARKE

The Legal Consultant

S Abraham Solicitors

Stowe Family Law LLP

M: 07983 488 351

The Bellbourne

290A Ewell Road, Surbiton KT6 7AQ

mumtaz@thelegalconsultant.org.uk

103, High Street Esher, KT10 9QE

MARALYN HUTCHINSON

Tel: 01372 571126 Email: Victoria.Clarke@stowefamilylaw.co.uk

Kagan Moss & Co

Tel: 020 8390 0044 Email: office@sabrahamsolicitors.co.uk ALASTAIR LOGAN Pound House

22 The Causeway

Skiff Lane

Teddington TW11 0HF

Wisborough Green

Vice President

Tel: 020 8977 6633

West Sussex

NICK BALL

Fax: 020 8977 0183

RH14 DAG

Email: maralyn.hutchinson@kaganmoss.co.uk

Email: alastairdwlogan@btinternet.com

GLORIA MCDERMOTT

Interim Chief Executive & Magazine Editor

Surrey Law Society,

HILARY UNDERWOOD

c/o Russell-Cooke Solicitors,

Surrey Law Society

TWM Solicitors LLP 65 Woodbridge Road, Guildford, Surrey GU1 4RD Tel : 01483 752700 Email: Nick.Ball@twmsolicitors.com

Deputy Vice President MADELEINE BERESFORD

Bishop's Palace House, Kingston Bridge,

c/o Russell-Cooke Solicitors,

Kingston-upon-Thames, Surrey KT1 1QN

Bishop's Palace House, Kingston Bridge,

DX 94652 Virginia Water

Kingston-upon-Thames, KT1 1QN

Email: gloria.mcdermott@virginmedia.com

Web: www.surreylawsociety.org.uk Tel: 0333 577 3830

TWM Solicitors LLP

GERARD SANDERS

65 Woodbridge Road,

Hart Brown

Guildford, Surrey GU1 4RD

Resolution House, Riverview,

Email: hilary.underwood@surreylawsociety.org.uk

Tel : 01483 752742

Walnut Tree Close, Guildford, GU1 4UX

Email : madeleine.gooding@TWMSolicitors.com

DX 2403 Guildford 1

CONVEYANCING & LAND LAW Gloria McDermott

Tel: 01483 887704

Maralyn Hutchinson

Fax: 01483 887758

Hon Secretary

SUB COMMITTEES

Email: gts@hartbrown.co.uk

STRATEGIC PLANNING & FINANCE

KIERAN BOWE

Kieran Bowe

Russell-Cooke Solicitors

IAN WILKINSON

Nick Ball

Bishops Palace House, Kingston Bridge,

The Castle Partnership

James Scozzi

Kingston upon Thames,

2 Wey Court, Mary Road, Guildford,

Surrey, KT1 1QN

Surrey GU1 4QU

SOCIAL

DX 31546 Kingston upon Thames

Tel: 01483 300905

Gloria McDermott

Tel: 020 8541 2041

Email: ian@castlepartnership.co.uk

James Scozzi

Fax: 020 8541 2009 Email: kieran.bowe@russell-cooke.co.uk

JAMES SCOZZI (Immediate Past President) Elite Law Solicitors

Hon Treasurer

1 Fetter Lane

NICK BALL

London

YOUNG SURREY LAWYERS Josh Day (Chair) Imogen Heywood Jessica Morton

TWM Solicitors LLP

EC4A 1BR

65 Woodbridge Road,

DX: 14 London Chancery Lane

Alexander Bishop

Guildford, Surrey GU1 4RD

Tel: 020 3440 5506

Email: youngsurreylawyers@hotmail.com

Tel : 01483 752700

Fax: 01923 219416

Twitter: @YSL_Live

Email: Nick.Ball@twmsolicitors.com

Email: jscozzi@elitelawsolicitors.co.uk

LinkedIn: linkedin.com/groups/4515609

Will De Fazio-Saunders

membership details Annual Subscriptions:

£98 per person, per year.

Corporate Subscriptions:

£1,850 per year (20+ fee earners)

Solicitor

£60 (not in private practice)

Solicitor

£35 (not practising)

Honorary Membership:

free

Associate Membership:

free - no voting rights

4 SURREY LAWYER

To apply for membership please contact: Hilary Underwood, Interim Chief Executive Surrey Law Society, c/o Russell-Cook Solicitors, Bishop's Palace House, Kingston Bridge, Kingston-upon-Thames, KT1 1QN Web: www.surreylawsociety.org.uk Email: hilary.underwood@surreylawsociety.org.uk Tel: 0333 577 3830

EDITORIAL

President’s Jottings Summer 2019 I hope everyone has been enjoying our Summer, and with the Law Society’s current emphasis on us looking after our Mental Wellbeing I encourage everyone to try and enjoy some of our sunshine before it disappears again!

L

ast month I attended the Presidents and Secretaries Conference in London, to educate us on how to run our local Law Society. We heard how the counties are struggling with Housing Legal Aid deserts, and we want to engage in publicising this problem in Surrey. If any members have experience of these please can they get In touch with their experiences so we can show the Law Society how our members and the public are being affected.

We are now busy with organising the Surrey Legal Awards 2019.

We have now received everyone’s nominations, and soon our judges will be hard at work to create a shortlist of nominees. With all the excellent nominations we have received I am sure this will be a difficult decision for them. Thank you to all who got involved with the nomination process and we are excited to celebrate the achievements of our members again this year.

Would you be interested in joining the Surrey Law Society Committee?

We meet approximately 4 times a year, alternating between Guildford and Kingston, plus the AGM in November. The main role of the Committee is to oversee the strategic and practical management of the Society. The Officers and Members of the Board work together with the Interim CEO, Hilary Underwood to deliver a programme of CPD and Social Events throughout the year. The Board is responsible for responding to consultations and for lobbying on behalf of the wider Surrey membership. We provide support for members experiencing problems, help them with job searches and assist with complaints.

We have continued to have excellent events both at Denbies in Dorking and the Mandolay in Guildford. We are keen to receive feedback on how people are finding these events as we are always looking to improve and upgrade them, so please do let us know if you have any comments or suggestions of what you might like to see from your local Law Society.

Good luck to our nominees for our awards and I look forward to seeing you all at the awards ceremony on 19th September September, which will be a good night out even if you are not nominated! ■

Victoria Clarke SLS President 2018/19

There are also a number of Sub Committees that report to the Board including: Quo Vadis Strategy Group, Conveyancing & Land Law, Financial and Social. You do not have to be a full Committee member to serve on a Sub Committee.

To find out how you can get involved and how you might contribute to the work of the Society, we invite you to come along as an observer to 2 meetings before making any decisions. If you would like to find out more about the work of the Committee or the Society, please do not hesitate to contact Hilary Underwood at hilary.underwood@surreylawsociety.org.uk or complete the application form overleaf.

SURREY LAWYER 5

CPD EVENTS

S L S

C P D P R O G R A M M E 2 0 1 9

All half-day courses will be held at The Mandolay Hotel, 36-40 London Road, Guildford, GU1 2AE from 2.00pm - 5.15pm (save where indicated otherwise)

AREA

DAY, DATE & TIME

TOPIC

SPEAKER

SPONSOR

Man

How to get more clients and Wed 25th September 2019 (pm) increase profits without working more hours!

Michelle Peters

HFS Milbourne

Man

Wed 9th October 2019 (pm)

MLRO Masterclass/AML Essential Compliance Update

Amy Bell Teal Compliance

PC**

Wed 23rd October 2019 (pm)

Will Drafting Masterclass

Prof Lesley King

The Business Instructor

**Note only the Will Drafting Masterclass course will be held at Denbies Wine Estate, London Road, Dorking RH5 6AA from 2.00pm - 5.15pm Further details on courses, speakers and online bookings are on the SLS website: www.surreylawsociety.org.uk Course Fees: £126 inc VAT for SLS Members or £252 inc VAT for Non-Members or Book four or more courses and receive a 20% discount on each

2019 CONFERENCE DATES PRIVATE CLIENT CONFERENCE – THURSDAY, 26th SEPTEMBER 2019 – 6 HOURS CPD

CONVEYANCING & LAND LAW CONFERENCE – THURSDAY, 26th SEPTEMBER 2019 – 6 HOURS CPD (Further details to follow)

2019 SLS LEGAL AWARDS

following the very successful launch last year, the Awards will again be taking place at The Mandolay Hotel, Guildford on Thursday, 19th September. We hope to see you there to celebrate the exceptional legal talent within the county.

For further details or to book on any of the above, please email hilary.underwood@surreylawsociety.org.uk.

Please check our website at www.surreylawsociety.org.uk/terms-conditions for Terms & Conditions before booking 6 SURREY LAWYER

EDITORIAL

CEO ReportSummer 2019 Hi everyone! I hope you are all enjoying the beautiful weather we are having as I write this report.

W

ith summer holidays on our doorstep, and the sun shining, it can be hard to stay focused on work but here at SLS, life has been as hectic as ever! The last couple of months have seen us getting competitive with both the annual Legal Brain of Surrey Quiz at the University of Law, quickly followed by the inaugural Past President’s Champions Cup Karting Event held at Daytona Sandown Park, more of which you can read about later. Let’s just say that you are an incredibly competitive bunch and much fun was had by all!

Competitiveness clearly starts at a young age in lawyers as our Vice President, Nick Ball, discovered when attending the University of Law’s own student quiz night.

On 12th April 2019, I was delighted to speak to students at the University of Law at their lunchtime event which was held to celebrate 100 years of women in the law. It was an honour to mark the contribution and sacrifices made by many pioneering women who have gone before to make a way for the women of today to enter the legal profession. The enthusiasm of law students who are passionate about entering the profession is an inspiration and a reminder to be grateful every day for the privilege of our qualification.

are very excited to see what this year’s awards will bring! Don’t miss out on the opportunity to be a part of this wonderful celebration of the legal excellence in Surrey, in all it’s shapes and sizes!

If you are reading this edition but do not receive our email communications, please do get in touch so that we can ensure we have your correct contact details. I would also encourage you to keep an eye on our social media posts and to join the designated SLS LinkedIn Group – these are great ways to stay in the loop about all that is going on at SLS. Details of our social media accounts can be found below, along with my contact details.

As always, I extend an open invitation to drop me a line if you have any news items, or ideas and suggestions for how we can help you to get the most from your membership – we value your feedback and opinions! I also again extend an invitation to any of you who may wish to come along and observe an Executive Committee meeting – we would love to have you with us and are actively seeking new members at the current time.

Lastly, it only remains for me to say that I am thoroughly enjoying my time with the Society, particularly the opportunities to meet our members face to face and I look forward to meeting many more of you over the coming weeks.

It hasn’t all been fun and games though – we have continued to support you all in your professional training and development by hosting our series of half-day seminars on subjects including Cyber Do enjoy the rest of the summer and for those of you heading off on Security & Best Practice for Defence, a Residential Landlord & holidays, I wish you safe travels and much rest and relaxation!

Tenant Update, Restrictive & Positive Covenants in Freehold Land, a Company & Commercial Law Update, The Toolkit for Managing a Successful Conveyancing Team, and a Focus on Family Law. Best wishes ■ We still have further seminars scheduled for later in the year dealing with How to Get More Clients and Increase Profits Without Working More Hours, an MLRO Masterclass/AML Essential Compliance Update and a Will Drafting Masterclass. Further details can be found in this edition, and you can book your place by visiting our website www.surreylawsociety.org.uk. We are enormously grateful to our patrons Index Property Information and HFS Milbourne for their Hilary Underwood continued support of our seminar programme, without which we Interim Chief Executive & magazine editor could not provide such excellent training for you at such low cost. t: 0333 577 3830 We can only continue to provide top-quality and value-for-money e: hilary.underwood@surreylawsociety.org.uk training on your doorstep if we have sufficient numbers attending and @SurreyLawSoc so I cannot encourage you strongly enough to book a place and @surreylawsociety come along…….I promise you that you won’t be disappointed!

We have also been both proud and pleased to be able to submit all of our winners of last year’s SLS Legal Awards into the longlist for the Law Society’s Excellence Awards – we wish them all the very best and hopefully look forward to celebrating a Surrey winner later in the year!

Hilary Underwood (Interim Chief Executive at Surrey Law Society) LinkedIn SLS Group https://www.linkedin.com/groups/8731473/

The plans and preparation for our second SLS Legal Awards are now in full swing and tickets are now on sale for this event - you can read more later. Our shortlisted nominees will soon be announced and we APOLOGY We apologise that in our Spring 2019 edition of the magazine, at p.31, we wrongly referred to the author of the article ‘Cashflow is King’ as Sue Nash of Elite Costs Lawyers. The correct author is Sue Nash of Elite Law Solicitors.

SURREY LAWYER 7

THU R S DAY 1 9 SEPTEM B E R 2 01 9

AWA R D S

CEREMONY 2019

AWA R D C AT E G O R I E S

Law Firm of the Year

Lawyer of the Year

Private Client Lawyer of the Year

Rising Star of the Year

Property Lawyer of the Year

Support Team Member of the Year

Paralegal of the Year

Family Lawyer of the Year

T H E MA N D O L AY H O T E L , GUI L D F O R D

G O T O http://awards.surreylawsociety.org.uk F O R M O R E I N F O R M AT TION 8 SURREY LAWYER

AWARDS

The Event This year’s annual gala dinner and SLS Legal Awards Ceremony will take place at The Mandolay Hotel, Guildford, on the evening of Thursday 19th September 2019. We have another fabulous evening planned for you as we join together to celebrate with the shortlisted nominees and winners of the second annual SLS Legal Awards. The programme for the evening will be as follows:

6.30pm 7:15pm 7:30pm 9:15pm 9:45pm 10:45pm 12:30am

Welcome Reception

Mandolay Suite (Ground Floor)

Gala Dinner

Mandolay Suite (Lower Ground)

Mandolay Suite (Lower Ground)

Welcome by the President After Dinner Speech by Bonita Norris the world’s youngest person to climb Everest and reach the North Pole

Mandolay Suite (Lower Ground)

SLS Legal Awards Ceremony

Mandolay Suite (Lower Ground)

Carriages

Mandolay Suite (Lower Ground)

Mandolay Suite (Lower Ground)

Networking, Celebrating & Drinks

We are delighted that our after-dinner speaker will be Bonita Norris. Bonita is an adventurer, author & motivational speaker. She has climbed the world’s highest mountains, including Mt Everest, and skied to the North pole. In 2016 she made an attempt on K2 in Pakistan and in 2017 published her first book The Girl Who Climbed Everest. Bonita has broken mountaineering records, and in 2012 became the third British woman to ever climb the world’s 4th highest peak, Mt Lhotse; considered a technically more difficult climb than Everest. She has pushed her limits in the most extreme environments on earth. In Victoria, we have not only a female President of the Society, but also the Society’s youngest ever

President. So we hope you will be fascinated to listen to the inspirational story of the world’s youngest person to climb Everest and reach the North Pole- - who also happens to be a woman!

Tickets are selling quickly, so please do book soon to avoid disappointment. You can book your places by completing the form below, tickets are priced as follows: • £95 plus VAT per person • £850 plus VAT per table (10 people)

BOOKING FORM: SLS Gala Dinner and Awards Ceremony The Mandolay Hotel, Guildford; Thursday 19th September 2019 Name of Firm: Contact Name for booking: Email: Telephone:

..................................………………………................................. ..................................………………………................................. ..................................………………………................................. ..................................……………………….................................

Please reserve........... individual tickets at £95pp plus VAT (£114pp total) Please reserve........... table/s of 10 for our firm at £850 plus VAT (£1020 total)

Method of Payment – please tick box

By Invoice to: ………………………………………………………………..

By cheque to Surrey Law Society, c/o Russell Cooke Solicitors, Bishop's Palace House, Kingston Bridge, Kingston-upon-Thames, KT1 1QN

By BACS to Account No: 90539465 Sort Code: 20-29-90 Account Name: Surrey Law Society BACS payment £ …………………..

BACS reference ………………………

Date of transfer ………………………

SURREY LAWYER 9

THURSDAY 19 SEPTEMBER 2019

The 2019 SLS LEGAL AWARDS GUEST SPEAKER

Bonita

Norris the the world’s world’s youngest youngest person person to to climb climb Everest Everest and and reach reach the the North North Pole Pole

10 SURREY LAWYER

LOCAL NEWS

Photograph: (left to right) Andrew Keeley, Rebecca Burford and William Rollin

Charles Russell Speechlys in Guildford Announces Three Partner Promotions Charles Russell Speechlys in Guildford has promoted three lawyers - Rebecca Burford, Andrew Keeley and William Rollin - to Partner. In addition, a further two lawyers, Rachel Hearn and Mark Rowden, Private Property, have been promoted to Senior Associate.

Rebecca Burford – Corporate Rebecca is a corporate transactional specialist and advises on private equity investments, mergers and acquisitions, seed capital and growth capital investments, joint ventures, and corporate reorganisations. Rebecca predominantly assists clients in the technology and digital media sector, as well as having experience in manufacturing, insurance and telecoms.

Andrew Keeley – Construction Andrew joined the firm as a trainee in 2005 before qualifying into the Construction, Engineering and Projects team. He advises clients including developers, contractors and funders on various commercial and residential projects, including contractual documentation and dispute resolution.

William Rollin – Family William joined the firm as a trainee in 2008 before qualifying into the Family team. He specialises in divorce and the financial remedies on divorce but he is also experienced in proceedings in relation to children. He has significant experience in advising in cases where there is a pattern indicative of personality disorders and illnesses such as addiction.

Duncan Elson, Partner and Head of the Guildford office comments, “We are proud that five Guildford-based lawyers have been recognised as part of the firm’s annual promotions.

Rebecca, Andrew, William, Rachel and Mark have all made outstanding contributions to the firm’s success in the South East over many years. They are all highly valued by their clients and colleagues alike for their specialist knowledge and are an asset to our firm. Their promotions are very well deserved.

“These promotions are a sign of our continued growth. We now have 22 partners in the Guildford office and have built a reputation for excellence across a range of areas including corporate, family, property, litigation, employment, construction and private client work. I am confident that all five newly promoted lawyers will play a vital role in creating further growth and success for the firm.”

Charles Russell Speechlys employs over 160 staff in its Guildford office at One London Square and provides a full range of services to businesses and private clients, backed by the resources of an international law firm. For further information, please visit www.charlesrussellspeechlys.com SURREY LAWYER 11

LOCAL NEWS

Law Society Excellence Awards

Morrisons LLP –

BakerLaw LLP –

Holly Chantler of Morrisons LLP

Daphne Robertson of DR Solicitors

Nadine Shouler of MW Solicitors –

Sarah Corbett of MW Solicitors

Sushila Abraham of S Abraham Solicitors

Bethan Campbell of Mundays LLP

12 SURREY LAWYER

LOCAL NEWS

Law Society Excellence Awards 2019 One of the many huge benefits of winning an SLS Legal Award is the opportunity to be passported into the long list for the Law Society Excellence Awards, which this year will be taking place on Wednesday 23rd October 2019.

Our SLS Legal Award Winners 2018 were: Morrisons LLP – Law Firm of the Year BakerLaw LLP – Business Growth Award Holly Chantler of Morrisons LLP – Private Client Lawyer of the Year Daphne Robertson of DR Solicitors – Lawyer of the Year Nadine Shouler of MW Solicitors – Property Lawyer of the Year Sarah Corbett of MW Solicitors – Clin Neg/PI Lawyer of the Year Sushila Abraham of S Abraham Solicitors – Client Care Award Bethan Campbell of Mundays LLP – Rising Star of the Year We wish all our nominees every success in the Law Society Excellence Awards on Wednesday 23rd October 2019 – it would be wonderful to have a Surrey winner!

SURREY LAWYER 13

LOCAL NEWS

Help bring families #ClosertoCare for their premature or sick babies Our charity of the year partner, Royal Surrey County Hospital Charity, recently launched its Closer to Care campaign, which will transform care for premature or sick babies being treated at Royal Surrey County Hospital.

T

he project aims to put families at the heart of their babies’ care, giving vulnerable newborns the very best start in life.

As is the case with most neonatal units around the country, parents can’t currently stay with their babies overnight due to limited space in the hospital’s Special Care Baby Unit (SCBU). This separation can be distressing for both families and their babies.

With your help, Royal Surrey County Hospital Charity can change this.

Giving families the option to stay with their babies at any time allows them to be much more involved in their babies’ care, which has been proven to be hugely beneficial for both baby and parent. Benefits include: • Improved long-term health outcomes • Enhanced bonding • Increased parental confidence • Reduced stress • Reduced hospital stays • Increased breastfeeding rates To make this possible, the charity needs to raise £500,000 to completely redevelop the hospital’s SCBU. Working with Royal Surrey County Hospital NHS Foundation Trust, the innovative project will provide the space and resources needed for parents to be able to stay overnight on the unit. This will mean parents can be by their side and can help care for their baby at any time, day or night.

14 SURREY LAWYER

Rob and Sadie Elford’s daughter Sienna was born five weeks premature and needed special care. Dad Rob said leaving the hospital without Sadie and Sienna that first night was one of the toughest things he’s ever had to do: “Having the option to stay with Sienna would have made a huge difference to me as a new dad,” said Rob: “Leaving her at the hospital left me heartbroken and as if I’d failed in my duties as a dad. I should have been there to look after my family through anything they were going through, but I couldn’t.

“I urge people to get behind the Closer to Care campaign for one simple reason – a newborn baby should always be with its parents, and parents should always be with their newborn baby. This not happening can be devastating,” he added.

With your support, the hospital will be the first level one unit (for babies who require special care from 32 weeks gestation) across Surrey, Sussex and Kent to provide comfortable overnight accommodation for parents next to their babies’ cots.

Whether you want to donate, fundraise or help spread awareness, there are many ways you can get involved and help bring families closer to their babies’ care. Why not encourage your workplace to choose Royal Surrey County Hospital Charity as its charity of the year?

To find out more about the campaign or to make a donation, please call the fundraising team on 01483 464146 or visit: www.rschcharity.org.uk/closertocare. ■

LOCAL NEWS

International Law Book Facility project at ULaw In October 2018, a consignment of 124 books from ULaw Guildford arrived at Wollo University in Ethiopia packed and partially funded by students and staff at the University of Law.

T

hank you to any of the wider legal community who donated books to this consignment. A report of this can be found at https://ilbf.org.uk/2018/12/wollo-university-receives-textbooks-from-university-of-law/ In August 2019, we are preparing another shipment, this time to the Women’s University in Africa, located in Harare Zimbabwe. It was felt to be most timely during the celebration of the First 100 Years of Women in Law to send a good donation to women abroad. ULaw currently have over 60 books ready to go but hope to collect some more from leaving students or members of the

local legal community. They will be combined with any complimentary titles available at the ILBF London’s central stockpile to send in August.

A group of Guildford ULaw students raised £120 through bake sales to ensure the books get underway. Thomas Dickens (GDL) and Oliver Hodgson (MA) led this campaign and we are grateful.

If you have any unwanted legal textbooks and would be willing to donate them, please email Helen.Carter@law.ac.uk in order to decide if your books would be of use and how to get them over to the Guildford campus. Thank you. ■

Mooting and Mock Trials at the University of Law in Guildford.

Every year ULaw hold a hotly contested Mooting Competition and separately a Crown Court Mock Trial competition, and the academic year 2018-2019 has been as exciting as ever.

T

he mooting competition saw competitors from the LLB (undergraduate), MA & GDL (postgraduate cross qualification courses) and the LPC (solicitor’s course) battling through three rounds. The first round saw students sparing their blushes over the famous R v Brown case in the context of wounding whilst branding a sexual partner. The second round moved on to a complicated cross appeal on a potential breach of confidentiality following the Campbell case and Contempt of Court by a newspaper. The final round was one slightly beyond the students’ in-course learning, considering the defence of necessity and Re:A Conjoined Twins.

The winning team were Jack Winthrop (LLB) and Poppy McGrath (GDL) who earned the greatest respect from our friendly Judge Mark Sutherland Williams. We are always grateful for his assistance in our moot final. Further thanks should be extended

to Katharine Rock and Luke Trim of Guildford Chambers for judging the second round.

The mock trial was an evening event of the greatest humour, judged by HHJ Simon Oliver and assisted ably by Martin Ward of Fourteen Chambers. A slightly less formal event, the mock trial involved students from every course playing the parts of advocates, witnesses and jurors, and nimbly finding the defendant guilty in less than two hours (ULaw does not support such breaches of the rule of law in real trials!) The event was most enjoyable and students got a feel for the difficulties of witness handling and explaining concepts to a jury.

The winning advocates were Anya Draycott-Kapp, Karolina Pylko and Poppy McGrath all GDL students. Bundles of books were kindly donated for prizes by Thompson Reuters / Westlaw. ■ SURREY LAWYER 15

EVENTS

kindly supported by our Headline Sponsor

Networking of the racier kind!

On Thursday 16th May 2019, Surrey Law Society mixed things up again and broke from past tradition when, instead of hosting a traditional Past President’s Lunch to thank and celebrate our 2018 President James Scozzi for his hard work and dedication to SLS, we instead held the first ever Past President’s Champions Cup Karting Event at Daytona Sandown Park.

T

he racing was fast and furious, as you would expect from lawyers and every second counted! We were joined by some of the Society’s Past Presidents. Spectators and drivers enjoyed a BBQ and drinks throughout the night, which provided a great and relaxing atmosphere for networking or just catching up with peers. The racing was filmed and you will shortly be able to view this on our social media channels and website.

We are enormously grateful to our Headline Sponsor of the event Index Property Information, filming sponsor Eagle & Beagle, drinks sponsor 1 Crown Office Row and our general sponsors

16 SURREY LAWYER

The Cash Room, Lloyds Bank, DPS Software and Guildford Chambers.

Congratulations to our winning team from The Gordons Partnership : Sean & Joe Richardson and Harry Neale and to our 2nd and 3rd place teams, both from 1 Crown Office Row: Stuart Taylor, Michael Walker, Chris Rice, Daniel Miller, David Bingham and Rachel Gimson!

This inaugural event was a tremendous success and certain to be repeated next year, so watch this space for more details of this space-limited event coming up next year.. ■

EVENTS

SURREY LAWYER 17

EVENTS

Photograph: Winning team Laytons LLP with Quizmaster John Perry

Legal Brain of Surrey Quiz 2019 Monday 29th April 2019 saw the law firms of Surrey once again competing for the title of Legal Brain of Surrey 2019, with our question-setter Dan Church and Quizmaster John Perry.

T

he competition was fierce as the best legal brains battled it out over a series of rounds including food & drink, nature & science, TV & film, towns, cities and countries, sport, history, politics and music.

Teams also ate and networked together throughout the course of the evening and we trust all those that entered had a thoroughly

enjoyable evening. A huge congratulations goes to our winning team for 2019 from Laytons LLP, with team members Neil Bucknell, Liz Hutton and Simon Foster pictured here, with our Vice-President Nick Ball.

So……..until next year, when it will all be up for grabs again!! ■

SLS Vice- President attends University of Law Student Quiz Night SLS Vice-President Nick Ball attended the annual University of Law student Quiz Event on 2nd May 2019 and was proud to present a cheque from Surrey Law Society to the winners as a prize.

18 SURREY LAWYER

YOUNG SURREY SECTIONLAWYERS HEADER

Young Surrey Lawyershost ‘Personal Branding in the Legal Market’ Event In April, Young Surrey Lawyers and their sponsor, Chadwick Nott, hosted a ‘Personal Branding in the Legal Market’ Event.

T

he event, which was hosted at Stevens & Bolton LLP in Guildford, included an opening talk from S&B Trainee Principal, Gabrielle Holgate, and Learning and Development Adviser, Tamsin Kennie. This covered the importance of the training contract as a ‘two year interview’ and what law firms look for when their trainees wish to qualify with them.

This was followed by a number of talks from Chadwick Nott’s experienced recruitment team on areas including: • Taking control of your career; • The importance of training contracts (and useful tips); • Moving firms; • Working with recruitment consultants;

• Social Media (particularly LinkedIn); and • The Legal Market.

The event concluded with a selection of drinks and nibbles, which gave the attendees a chance to network and develop connections across firms within Surrey.

Young Surrey Lawyers will be announcing their next event shortly.

If you wish to find out further information, please contact Josh Day josh.day@stevens-bolton.com or Young Surrey Lawyers youngsurreylawyers@hotmail.com. ■

SURREY LAWYER 19

REPORTS

Council Member’s Report – On behalf of the Surrey law Society – congratulations to Simon Davies the new President of the Law Society and also congratulations to I. Stephanie Boyce on being elected as the Deputy Vice President of the Law Society.

Photograph: Sushila Abraham

I

would also like to congratulate Alastair Logan who is the new Council member to serve along side myself as your new Council member for Surrey. I would like to thank John Perry for his time as Council Member for Surrey. I am pleased to inform you that I remain as your Council member for another 4 year term.

We had the president’s Secretaries conference and was well represented at the conference with our President Victoria Clarke chairing a session.

The Law Society has continued to work on their engagement with the members and I hope that you have all experienced a change of approach.

You would have also seen the new CQS training course format for accreditation. The Law Society is listening to members feedback.

If anyone has problems with CQS please let me know so that I can take it up with the team.

The Law Society continues to respond to consultations on our behalf and I would urge members to respond to consultations.

You would have also heard that the LSB has approved client protection arrangements to back Freelance Solicitors in spite of opposition from the Law Society. The Law Society has also anticipated members’ need for help and guidance for those who want to consider freelancing and for other members about how to work with freelance colleagues – there will be web resources, a practice note due in August, a blog and articles as well as webinars and e-learning.

It was also agree by Council that the Practising Certificate fee will remain at the same level for a third year.

As usual, if you have any matters that you wish to raise with the Law Society then please do not hesitate to contact me. In the meantime, as we approach Summer, I would like to take the opportunity of wishing all of you an enjoyable Summer. ■

Sushila Abraham Council Member

Surrey Law Society Application Form for Committee or Board Membership

If you would like to apply to join the SLS Board and/or one of our Sub Committees we would be delighted to receive your completed application form (below). Please send to Hilary Underwood, Surrey Law Society, c/o Russell Cooke Solicitors, Bishop’s Palace House, Kingston Bridge, Kingston upon Thames, Surrey KT1 1QN or scan and email to hilary.underwood@surreylawsociety.org.uk.

Name

Firm’s Name Postcode

Contact email

Qualification (solicitor, Legal Executive)* Specialism(s)

Year of Qualification

Are You a member of SLS?**

Do you want to join the Board as a Director or serve on a Sub Committee? (please indicate) What area of SLS’s work/which committee(s) particularly interest you? (see Guidance Notes) What particular skills, qualities and experience could you bring to that committee?

Whilst it is not essential to know an existing member, do you know anyone on the Board or a Sub Committee?

Please provide the emails and/or telephone numbers of two current members of the SLS with whom we may discuss your application.

❑ Yes

Board Only

❑ No

Area of work:

Sub Committee:

Skills: Qualities: Experience:

❑ Yes ❑ No If yes please tell us their names(s): Name 1:

Name 2:

Tel:

Tel:

Email:

*Legal Executives are eligible to sit on sub-committees

Signature

Please Print name:

20 SURREY LAWYER

Sub Committee Only (Please state)

Email:

**You must be a full SLS member to join the Board Date:

Board & Sub Committee

SECTIONREPORTS HEADER

Law Society Report Photograph: Bhavni Fowler

June 2019 Photograph: Paul Wilson

With the increasing uncertainty in our political landscape and the longstanding challenges faced by the profession in delivering the law, I thought it would be useful to shine a light on the Law Society’s Public Affairs team so that you are aware of the work they undertake on your behalf.

I

caught up with their new Director, Paul Wilson, who explained what the team does and how it can help local law societies and members.

As a starter I asked Paul to sum up his team in three words. He said ‘Influencing for impact’. He goes onto explain further.

The Westminster public affairs team lobbies the UK Government and Parliament on behalf of the profession. The Law Society recently launched a campaign on criminal justice, which is an example of the work they do (https://www.lawsociety.org.uk/policycampaigns/campaigns/criminal-justice/). As part of the campaign, the team launched a petition to fix the broken criminal justice system. If you haven’t already, we urge you to sign the petition in support of our call to Government to increase investment in the criminal justice system - https://lawsociety.eactivist.com/page/38338/petition/1.

The overall aim of the team is to highlight problems to decisionmakers and propose realistic solutions that work for members and for the public. The team include: • Rebecca Goshawk - Head of Public Affairs and Campaigns • Vicki Butler - Campaigns Manager • Miki Bhalla - Public Affairs Adviser • Joe Ferreira - Public Affairs Adviser • Hugo Forshaw - Public Affairs Adviser • Sam Lamont - Public Affairs Adviser

Paul in his new role has responsibility for the Law Society’s Welsh Office, which delivers the Law Society’s activities in Wales. The team works with the Welsh Government, the National Assembly for Wales and legal & business communities across Wales as well as working on the developing law of Wales. There is a Commission on Justice ongoing now, on which the Law Society has spent a great deal of time in ensuring that members’ views are heard.

Also, the International Team and Brussels Office. The international team supports members who are either based in other jurisdictions or looking to expand their operations there, as well as promoting the rule of law internationally. The Brussels Office is, unsurprisingly, focused heavily on Brexit at the moment, on which the Law Society has done a huge amount. If you haven’t seen it, have a look at our website which provides clear and comprehensive guidance to help legal firms and solicitors prepare in case the UK leaves the European Union without a deal - https://www.lawsociety.org.uk/support-services/brexitand-the-legal-sector/.

I asked him how his team fits into the wider Law Society structure and how it can help local law societies and members? His directorate sits in the same bit of the organisation as the policy directorate and the

communications directorate. He said, we work very closely together to ensure that we are influencing to achieve the policy goals which are of greatest importance to the members, then communicating this both to decision-makers and to members in a coherent way. This is a constant process of improvement, and we’re always keen to hear feedback from members.

There are some great resources on the Law Society website. The campaigns section members tools they can use when lobbying decision-makers. Wherever possible, the team try and get the wider profession to support Law Society campaigns. Recently the Law Society lobbied against an increase in probate fees, which was supported by over 2,500 people writing to their local MP to raise concerns about the proposals (https://www.lawsociety.org.uk/news/stories/take-actionagainst-probate-stealth-tax/). That shows the value of the Law Society working in partnership with local law societies and the profession more widely.

I asked him what words of advice he would give to local law societies and members to help them with their own lobbying activities?

He said, when it comes to influencing, keep it simple. Whether you are looking to persuade the Solicitors Regulation Authority or the Government to make a policy change, the most effective way is to present a simple problem and a simple solution. That way, it’s far more likely to be taken on board.

Finally, on a lighter note, I asked him If he had to liken his team to an animal – what would it be and why? Describing this question as the hardest on the list, he said a dog. One of the nice ones, not one of the scary, bitey ones.

He believes the team approach every problem and challenge with huge enthusiasm and energy. When you’re trying to persuade Government or Parliament to change course, sometimes you’ll be successful, and other times you won’t, often for reasons outside your control. But if you don’t start each new piece of work with the same levels of enthusiasm and belief, then you’ve got no chance.

If you would like further information on the activities mentioned above, or any other areas of interest, please do not hesitate in contacting me ■

Bhavni Fowler Relationship Manager, The Law Society Email: bhavni.fowler@lawsociety.org.uk Tel - 07773 254 543 SURREY LAWYER 21

ARTICLE

Could you have Impostor Syndrome?

Do you feel like you’re not good enough?

Do you have a constant fear of ‘getting found out’ or making a mistake?

D

o you feel you don’t deserve your job or status? Then you could, like many callers to the LawCare helpline, have Impostor Syndrome.

If you identify with some of the above and would like to talk, call the LawCare helpline on 0800 279 6888, 9am-7.30pm weekdays, 10am-4pm week-ends and bank holidays. The helpline is free, independent and confidential.

The term Imposter Syndrome was coined in 1978 by two clinical psychologists, Tips for dealing with Imposter Pauline R. Clance and Suzanne A. Innes and originally recognised in high-achieving Syndrome women, although it is now understood to • Acknowledge your feelings affect men and women in equal numbers.

• Try to have a strong support system Whilst psychologists are not in agreement both in and outside of work – it’s okay to about why the syndrome occurs, it can ask for help develop after experiencing constant • Trust yourself and your ability criticism or a trauma in childhood. Those • Give yourself credit for your with ‘Type A’ personalities, often prevalent accomplishments both in and out of in lawyers and other high achieving work professions, often have Imposter • Learn to take mistakes in your stride – Syndrome. Characteristics of a Type A everybody makes them personality include those who are • Try to see yourself as ‘work in impatient, driven, a perfectionist, progress’ constantly feeling a sense of urgency, and • Realise it is ok to be ‘good enough’ – self-critical. These can all be very useful in nobody is perfect ■ the workplace but destructive in your private life.

Elizabeth Rimmer

There are four presenting symptom of Imposter Syndrome: Anxiety, Drive to Perfection, Self-Doubt and Fear of Failure.

Some examples of calls to the LawCare helpline with Imposter Syndrome that we have listened to include the caller still haunted by a client matter or court case from years ago, the caller who phones Lawcare still at work after everyone has gone home or the caller who talks of going over and over something in their head.

22 SURREY LAWYER

LawCare

FREE TRIAL

Mixin ng up standing and sitting is a wonderful new expeerience. Those who try it never look backk.

Thatt’s why we allow our customers to test out 30 solutions*.

*Terms & conditions apply

“BEST BUY” Awarrd Winner

FREE MAT

RRP * From

£549.95

#1 Best-Selling Standing anding Des Desk sk

FREE MAT

5

RRP * From

£35 56.63

RRP * From

£439.9696

®

0333 22 00 375 75 sales@sit-stand.com tand.com

STANDING DESK D MEGASTORE

www.Sit-Stand.Com

2

ARTICLE

Photograph: Stuart Wright

Photograph: Julie Stather

Mediation vs Arbitration B

elow we’ve set out some key information which may help you decide which form of ADR is right for you, but our friendly team of clerks are available on a no-obligation basis to chat through your options and help you decide – call them on 01273 625625 Miss Julie Stather - Julie is well known as an author for legal periodicals, writing regularly for Family Law Week. Jordans published her Secure Accommodation Handbook in 2013. Julie has been practising in family law for almost 20 years and was previously in practice in London. She is a qualified family law Arbitrator and Mediator and a trainer of expert witnesses.

Mr Stuart Wright – Stuart is our Head of Civil Litigation and an ADR Group Accredited Civil and Commercial Mediator. He is recognised as a leading junior by both Chambers & Partners and Legal 500 He’s bright, sharp and incisive” Chambers & Partners (2018) “Approachable, kind and fair” Legal 500 (2017)

Arbitration Arbitration is essentially a ‘private court’ which means that someone independent (the Arbitrator) is appointed and that person makes a decision about your dispute. The arbitrator takes the same role that a judge would take at court.

You might choose arbitration instead of mediation in the following circumstances: 1. When the parties know that they will not be able to reach an agreement, even with assistance 2. When the timescales are such that there is not time for negotiations to try to reach an agreement 3. When the parties wish to be able to fix and limit fees by limiting the amount of meetings you have with the arbitrator Arbitration is a well-established scheme. The arbitrators making the decisions are experienced lawyers who have undertaken additional training and are accredited and regulated by professional bodies relevant to their area of law.

24 SURREY LAWYER

The main benefits of arbitration are: 1. Practical convenience Arbitration is more relaxed than going to court. The arbitration itself can take place at a venue and time to suit you and the other party.

That could be outside of court hours and in a far more comfortable setting such as barristers’ chambers or a solicitor’s office.

You can choose your own arbitrator who will be a specialist in the area of law in which you which to arbitrate. If you and the other party cannot agree on an arbitrator the regulating professional body can appoint one for you. You will also be able to ensure, where there is more than one meeting, that there is continuity of arbitrator; this is by no means guaranteed in court proceedings.

2. Price You will fix the price for your arbitration in advance.

Prices are structured so that you can choose to instruct the arbitrator to determine one distinct issue such as holiday contact with a child or the instruction of an expert, or ask the arbitrator to determine all of the issues in your case.

There is no possibility of further meetings with the arbitrator being needed; the arbitration is listed to be heard on a given day and a decision will be made.

With mediation there is the possibility of further meetings with the mediator being required (with a further fee), the aim being that each party shifts their position between each mediation until an agreement is reached.

3. Streamlined process Arbitration is not like court proceedings in which you fill out lengthy application forms, send them to the court and wait for a date for your hearing, and then wait months between each court hearing for your case to be decided.

Arbitration is also not like mediation where the aim is to get you and the other party to reach an agreement which could take an

ARTICLE

Arbitration and Mediation are the two main forms of Alternative Dispute Resolution (ADR). There is no ‘one size fits all’ form of ADR. Every case is different. Every party has different needs and objectives. unknown amount of meetings with the mediator.

Arbitration is a simple process where you tell the arbitrator which issues you want determined, provide the arbitrator with the evidence (orally or on paper), and then await the determination which will be with you within seven days.

4. Delay One of the main benefits of arbitration is that delay is minimised. An arbitration can usually be listed within two weeks and a decision will follow within seven days. Your case will be the only one which the arbitrator deals with on that date and so there is no chance of it being adjourned because the arbitrator has run out of time or needs to deal with another matter.

Arbitration is a swift, cost-effective alternative to court and has the advantage of providing a final determination of your dispute.

Barrister For Me offers arbitration in disputes relating to children and you can find out more about it on our family arbitration pages.

Mediation Mediation is a confidential and flexible process in which an independent person (the Mediator) facilitates negotiations between the parties to help them achieve a voluntary settlement of their dispute on terms which they agree.

Unlike arbitration no binding decisions are made unless the parties reach agreement on the proposed settlement. This means that the option of reverting to the Court for a determination by a Judge remains open if either party is unhappy with the settlement proposals and means that no outcome is ‘forced’ on either party.

The Mediator will be an experienced litigator who will be able to focus discussions and break down barriers to settlement. Anecdotally the success rate of mediations is around 80%, meaning there is a very good chance that the dispute can be resolved on the day.

The Mediator will speak confidentially with each party in separate rooms about the strengths and weaknesses in their case and their opponent’s case. The Mediator will help the parties formulate and analyse settlement proposals with a view to helping the parties find a suitable settlement point.

Some of the key benefits of our mediation service: 1. Convenience • Our service is available to parties before or during court proceedings.

• It can be arranged at a time and date of the parties choosing rather than the one prescribed by the court listing officer.

• The parties can choose a venue which suits their needs. Our mediation suite is included in the fixed price for our mediation service and is often preferred by parties as ‘neutral’ ground.

• The parties can choose a mediator based on their knowledge and experience.

• It can be accessed whether or not you have legal representation.

• You can mediate the whole dispute or particular issues.

• Our Mediators are flexible in their approach and will adapt the

mediation process according to the needs of the parties.

• Mediations can result in solutions, which Judges can’t order.

• Mediations can help parties resolve their differences and improve future relationships in contrast to the court process which often further entrenches the parties’ differences.

2. Price • Significant costs savings can be achieved by mediating a dispute compared to the costs associated with litigating a case to trial.

• A clear fee structure is quoted in advance so you know how much the process will cost.

• The Courts now strongly encourage parties to seek to resolve their dispute using alternative forms of dispute resolution (known as ADR). Mediation is one of the main forms of ADR and a failure a party to constructively engage in mediation can result in the Court making a costs order against that party.

3. Streamlined Process • Mediations can be arranged at short notice.

• Unlike a trial which can last many days, most mediations only take 1 day.

• There is no need to give evidence or be cross-examined.

• If settlement is achieved it will be written down and signed by the parties there and then.

4. Avoids Delay • Rather than wait for a court listing date, which can often be many months later, a mediation can be arranged at short notice.

• Increasingly trials are being adjourned at very short notice which builds in further delay and frustration into the court process.

• Mediations can be arranged at any point during your dispute, whether at the very start or after positions have become entrenched.

• Even after a trial has finished there can be delays in obtaining a Judgement which might then be subject to a lengthy appeal process. In contrast a successful mediation can achieve immediate solutions which can’t be appealed.

We offer mediation services in the following areas of law: • Civil and commercial disputes – including disputes concerning businesses, consumers, contracts, debts, property, landlords and tenants, land and real estate, neighbours, boundaries, wills and inheritance, trusts, personal injuries and employment.

• Family disputes – including financial arrangements following divorce and child contact Read more on our mediation pages.

If you have any queries about our arbitration or mediation services or think it could be useful in your case please contact the clerks on 01273 625625.

SURREY LAWYER 25

ARTICLE

STRESS

IN THE WORKPLACE Stress in the workplace is becoming an increasing problem and not only in the legal profession.

Photograph: Martin Jarman

I

In 2017 to 2018 15.4 Million working days were lost due to work- related stress, depression or anxiety. In the same period cases of work - related stress accounted for 44 per cent of all cases of work- related ill health according to the Health and Safety Executive. The research suggests that the main causes of work - related stress, depression or anxiety were workload pressures, including tight deadlines and a lack of managerial support. Other causes included bullying and organisational changes at work. The legal profession ranked second as the professional occupation which is the subject to work- related stress. I am sure that this is something that we can all identify with in one degree or another. Stress, depression and anxiety have no respect for the seniority of the person affected, as it can just as easily affect the Senior Partner as it can the most recently appointed Paralegal or secretary.

In recent years, the pace of life has increased dramatically as a result of changing work practices, not least the introduction of computer technology and the imperative, borne out of the need to be competitive, to achieve more and more. However, human beings have not yet evolved to the point where this degree of pressure can be supported for any length of time. Indeed, the increased pressure placed on people in the workplace which results in stress, anxiety and depression causes them to become less productive which undermines their own sense of wellbeing and soon becomes a vicious circle of trying to achieve more and more with less and less success. As in the case of an Odometer in a car, it works well when the revolutions are increased to give additional power but then return to a normal level. However, if you keep hitting the red line, eventually the engine will fail and break down. This is similar to the process whereby people succumb to stress, anxiety or depression to the point where they need to take a complete break. This can have a devastating affect on the individual and their family as well as on the firm for which they work, particularly where they are handling several cases for different clients and work has to be allocated to other members of the firm. Not only does this cause uncertainty for the individual who does not know how long they will be unwell, but also uncertainty for the firm who will not know when the individual will be able to return to work and even when they do, whether they will be capable of handling their previous workload or if adjustments will need to be made to allow an individual to fully recuperate. This has of course to be done in the context of the common law duty of care to take all reasonable steps to ensure the health, safety and wellbeing of employees and taking account of the provisions of The Equality Act 2010.

Equally, it may be difficult for a client to understand why their matter has been transferred to another member of the firm.

On 28 May 2019 the World Health Organization announced that it 26 SURREY LAWYER

would be recognising 'burn - out' as a chronic condition on its International Classification of Diseases list from 2020. It classifies burn - out as a" syndrome conceptualised as resulting from chronic workplace stress that has not been successfully managed ". It has three characteristics : feelings of energy depletion or exhaustion; increased mental distance from one's job or feelings of negativity or cynicism related to one's job; andreduced professional efficiency.

It is perhaps useful to focus on how high levels of stress affect younger members of the legal profession because if talented young people decide not to join the legal profession because of their concerns over the level of stress and pressure they may encounter, then this should be a matter of concern for the legal profession.

A recent Stress in the legal Profession survey conducted by Lexis Nexis asked " ls stress just an inevitable part of being a solicitor " and " has stress become so normalised in the legal profession that the lines are blurred between what is normal and what requires help to address?". The survey found that nearly two thirds of solicitors experience high levels of stress, with three quarters stating that stress and mental wellbeing is a major issue for the profession.

To minimise the problems caused by stress in the workplace, firms should proactively support their employees to prevent burn - out, rather than only taking reactive action. By being proactive, firms help create working environments where employees can flourish. In firms with a positive working culture, employees feel empowered to take time for self care by ensuring they have enough time away from the office, undertake regular exercise and enjoy socialising with their friends. This can help reduce absence and ensures the firm attracts and retains the best talent.

By

Martin Jarman

Your Mind and Work Matter Due acknowledgement to Ms Kayleigh Leone of the Young Lawyers Division

SECTIONFINANCE HEADER

Free your mind... it's time to think more objectively about structured products ‘‘I’m trying to free your mind, Neo. But I can only show you the door. You’re the one that has to walk through it. You have to let it all go. Fear, doubt, and disbelief. Free your mind.’’: Morpheus, The Matrix, 1999.

I

recently had a thought-provoking chat with Chris Taylor, global head of structured products at new provider Tempo, about the fundamental differences between mutual funds and structured products, including the unique merits and efficacy of ‘best of breed’ structured products and their ability to add value within investor portfolios.

Chris has a background in asset management, including active and passive funds, and is one of the UK’s ‘go to’ experts in the structured products sector, so he has a good understanding of the full investment landscape. It was hard to disagree with much of what he had to say, but, as he also said, it does seem to require some wealth managers and independent professional advisers, and investors, to ‘free their minds’ in order to engage objectively on the facts.

The fundamental fact that interested me was his explanation that active fund management is built around ‘aims and objectives’, that actually are simply ‘hopes’, or even just ‘wishful thinking’. The bottom line is that there are no obligations on fund managers to actually deliver anything that they ‘promise’.

If / when fund managers fail to achieve their stated aims and objectives, they know that they can simply provide an explanation to investors, usually blaming their performance on markets, perhaps offer an apology, promise to try harder next time, and suggest that investors just need to be patient and remain invested.

The bottom line is that the risks of active fund management are borne by investors, not the fund managers, and it is this that is fundamentally different from structured products.

Structured products are based on contractual legal obligations. As with active fund management, investors in structured products access marketing materials, for example a plan brochure, detailing what the structured product has been designed to provide, and the conditions and parameters for both returns and risks. However, unlike active fund management, structured products marketing creates contractual, legal obligations upon the investment bank standing behind the product, as the issuer / counterparty, to deliver what they stated.

Structured products allow investors to abdicate from various risks including market risk and fund management process risk, delegating these risks to investment banks / counterparties, who must deliver the terms of the bonds that they issue that back their products, with no wriggle room, no explanations, and no apologies, unless they are bust.

This is a significant USP benefit of structured products, that can serve investors well, in diversified and balanced portfolios.

This is a compelling and unique feature of structured products, and one that really needs to be understood and appreciated. Particularly as an increasing number of wealth managers, professional advisers and investors believe that the decade ahead may present a more challenging investment environment than the decade now behind us.

The investment environment ahead of us, in which the world moves from Quantitative Easing to Quantitative Tightening etc., is likely to see professional advisers, and their clients, wanting and needing to work their portfolios harder, including considering different types of investments for better portfolio diversification, instead of restricting their portfolio diversification planning to just asset class and geography.

Structured products can present a compelling portfolio option that can potentially add value alongside other funds, for objectively minded professional advisers and their clients, not least because there are some things that passive and active fund management just cannot do.

Structured products can help fill that gap, notably offering the potential for positive returns in range bound, possibly flat and / or falling markets, in addition to reducing and controlling exposure to downside market risk.

We think it is time (and timely) to think carefully about and understand the differences between active fund management and structured products and to recognise the merits and attributes of best of breed structured products. Many investors may be served well with the inclusion of structured products within their portfolios.

Tim McKechnie Investment Director – S4 Financial Limited

SURREY LAWYER 27

PI INSURANCE

Renewing your PII for 2019 should be a priority.

Conditions have changed and the market has hardened.

T

he legal profession has enjoyed access to competitively priced professional indemnity insurance for many years. PI market conditions have been favourable, capacity amongst insurers has been ample and renewing PI has been relatively straightforward for most firms But conditions have changed, and the market has hardened.

It has been widely reported over the past few months of a challenging and hardening professional indemnity insurance market. The alarm bells started ringing in August last year when Libra Managers, which provided cover to 20 of the top 200 firms, confirmed it would not underwrite any new business from 1 October 2018. That left a number of firms with just six weeks to find a new insurer.

As Solicitors prepare to renew their 2019 Professional Indemnity Insurance there is significant evidence from brokers and insurers that the market is significantly hardening - and some firms may find it difficult to obtain competitive terms.

Most insurers are expecting a rate increase of around 10% and this is affecting firms of all sizes and profiles. Rates maybe even higher if a firm’s fee income has increased substantially or claims activity has increased. The rise in premiums is due to the general hardening of the insurance market, partly driven by higher value claims, the reduced capacity of participating insurers and some specialist PI insurers

28 SURREY LAWYER

withdrawing from the market altogether.

This year, therefore, it is even more imperative that Solicitor firms consider their PII renewal sooner rather than later, and, importantly, prepare their proposal form carefully – fewer questions will be asked by underwriters if you complete your proposal form as a comprehensive overview of your firm.

For example, it should include a detailed explanation, and the firms’ remedy, of any large claims; a clear and precise clarification of any changes, or proposed changes at the practice and/or work splits. Firms should also regularly review their claims history to ensure that any of the claims that can be closed are indeed closed, rather than remaining recorded as ‘open’ on their summary spread sheet.

The professional indemnity insurance market may be hardening for the first time in years, but as reported recently in The Law Society Gazette, well-managed firms with the right profile and approach will find that there are good deals to be had. But it is important not to be complacent in the current conditions, your choice of broker is key and, finally, do not leave your PII renewal process to the last minute.

By John Kilmartin Head of Marketing, Hera Indemnity

PROPERTY

FreyJo for PM!

by Kevin Johnson

Our daughter is at the stage of completing her personal statement in preparation for university after A-levels.

S

he has a real interest in politics and international relations and much of her statement talks about the current challenges we all face, many of which can only be resolved on the political stage and with diplomacy. She speaks about aspects of women in diplomacy and the specific characteristics needed to be a respected diplomat and to be effective in the international relations sphere.

Her messages to prospective universities are clear, cogent and thoughtful. Somewhat different to the political circus that we are witnessing at Westminster these days!

there might not be anything to worry about at all, regardless of the outcome of Brexit. People will always need houses and businesses will always need locations from which to work, which means buying and selling is still a good investment and there are plenty of properties that are still doing well on the market despite Brexit uncertainties. And making a purchase is still regarded as probably a safe bet.

There is reported to be this dreadful feeling of uncertainty as many of us wait to hear what decision will be made about Brexit and how it will affect the country.

By the time this is published we will have a new Prime Minister. But we will also still have the troublesome problem of Brexit.

Boris Johnson is on course to become Prime Minister unless he (continues to) blunder spectacularly. But whoever holds the key to No. 10 will have to go to Brussels and try to renegotiate Brexit, probably still threatening to leave with no Deal on October 31. This ploy will be splendidly macho for a day, then morph into embarrassing failure. Brussels will likely hold firm and we will be faced with a choice. Either Britain could be taken out of the EU and into World Trade Organisation rules, which many predict would be economically catastrophic or the country may have to be levelled with. Government will have to accept that there are only two ways out of the deadlock; a second referendum or a general election.

Whether you’re a staunch Remainer or committed Brexiteer, there is no denying that the uncertainty around when, and how, the UK will leave the EU is causing property market jitters. The Prime Ministerial result will heavily influence the outcome of Brexit, making it a pivotal moment for the future of our economy and housing market.

There is reported to be this dreadful feeling of uncertainty as many of us wait to hear what decision will be made about Brexit and how it will affect the country. Others reflect on the fact that we, as a staunch and resilient nation, are just getting on with it! As always, somewhere across this polarised spectrum lies the truth.

Fundamentally, you are never going to get a situation where your investment disappears and, on our small island, it is the value of the land that the property sits upon which remains fundamental. This may be a very Surrey-centric observation, but that is absolutely the case in this area. Just look at how many “buy to tear down” transactions complete because prospective homeowners want the location and space, but not the house that sits upon it.

Particularly locally, buyers should probably not be put off by fears of a house price crash as long as they mitigate the risks. Property bought now, even if it did drop in value in the short term, will almost certainly have corrected itself over 5 to 10 years, the time during which you would want to enjoy your new home.

Of course with details of the final deal (or no deal!) still unknown, both buyers and sellers may be putting plans on hold. Fortunately, the belief is that once details are clearer and there is a greater degree of certainty, this may well trigger a flurry of activity in the property market.

Whatever the outcome, the world will continue to spin on its axis, the Rolling Stones will tour again and we will always want a little space of our own to lay down our towel and put a roof over our heads!

In the meantime, I will continue to listen to the sage advice of my daughter and look forward to the day when it is she that takes over the keys of No. 10 and, once again, we have realism, pragmatism and effective governance replacing the three ring circus that has currently pitched its tent in Westminster! ■

Those hoping to buy or sell a house worry about not getting the Kevin Johnson desired asking price and some are choosing to hold off before opting Index Property Information to buy their next home. Despite this, some experts have claimed that

SURREY LAWYER 29

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

Good luck.

A CON29DW uses all known water company information, including both free and paid-for data. This ensures that the FULL picture on drainage and water is presented. The Geodesys CON29DW presents the information in plain language; provides useful detail; includes two high-quality Ordnance Survey maps (one for water and one for waste and drainage); and uses an interactive format to make it easy for you to retrieve relevant information.

Some Drainage and Water reports simply infer answers from the proximity of the pipes nearby, rather than checking the billing and connectivity data that the water company holds. Or they can ignore water company data, such as the information on whether a property is at increased risk of internal flooding. The lack of an answer to this question is often covered by insurance in some reports.

Whatever the example, the home buyer, lender and conveyancing solicitor are all exposed to risk.

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

It’s your call…

CON29DW from Geodesys.

No inferring, no ignoring, no insuring.

Assessing drainage and water risk can be a tick-box exercise, but with the CON29DW you’re guaranteed a factual, reliable and secure approach. It’s a choice that impacts three separate, but connected, parties in the home buying process:

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

Other reports can infer and ignore answers, using insurance to cover the risk.

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

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

The home buyer Whether a dream house, a desperately needed upgrade or a first-time purchase, complex drainage and water problems are a major setback for any homeowner.

Even if covered by insurance, there’s still the pain of sorting out an issue that could have been identified before – and the buyer may not have gone ahead if they’d known.

Call: 0800 085 8050 Email: customer.services@geodesys.com www.geodesys.com/con29dw-goodluck

CONVEYANCING

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

A

ll our policies are comprehensively worded and the process of obtaining cover is fast and simple. There are 3 options when it comes to issuing legal indemnity insurance with GCS: ‘Online’, ‘Pack’ or ‘Bespoke’.

1) ‘GCS Online’ provides users with 24/7 access to their account where they can obtain quotes in seconds and issue policies in minutes. All documentations are sent out electronically and immediately.

2) GCS Insurance ‘Pack’ is just as easy to use as our Online system. The main difference is that documentation is not sent out electronically but instead, policies are in paper format and contained in logical order within the Pack itself.

3) Our ‘Bespoke’ service is available if you are unable to issue directly from our ‘Online’ or ‘Pack’ because the risk does not meet the relevant criteria or if the policy cover your client requires is not listed Online or in the Pack. Simply contact us for a quote – an experienced and friendly underwriter is always there to help.

Don’t worry – the choice is yours!

We understand that not all conveyancing professionals work the same way and that some prefer certain methods of obtaining legal indemnity cover for their clients over other methods.

At GCS, we have over 20,000 conveyancers that rely on our policies with every individual having the option to choose Online, Pack, Bespoke or ALL three methods in combination.

All services are FREE to use and non-obligatory – Online registration takes minutes and we post the insurance Pack first class the day it’s requested.

Don’t just take our word for it – here’s what our customers have to say: “I (personally) think GCS are brilliant. The self-issue packs are fabulous.� “The online service is simple, cost comparable to other insurers and very user friendly.� “Pack and bespoke arrangements always come back quickly and will provide reply within hours to enable matters to be dealt with efficiently�

Like what you hear? Join the thousands who come to us for their clients’ legal indemnity needs and find out why we’re trusted by over 20,000 conveyancing professionals.

Register for ‘GCS Online’ account today by visiting www.gcs-title.co.uk/register.

Request a GCS insurance ‘Pack’ today by visiting www.gcs-title.co.uk/orderpack.

For a ‘Bespoke’ quote, send an email to underwriters@gcs-title.co.uk. â–

It’s a

NO-BRAINER! $_;u; -u; l-m‹ ]oo7 u;-vomv ‰_‹ oˆ;u ,000 1omˆ;‹-m1bm] ruo=;vvbom-Ń´v |u†v| †v ‰b|_ |_;bu 1Ń´b;m|vÄ˝ Ń´;]-Ń´ bm7;lmb|‹ bmv†u-m1; m;;7vÄş u7;u om; o= o†u bmv†u-m1; Äź -1hvĽġ u;]bv|;u Äź mŃ´bm;Ä˝ ou 1-Ń´Ń´ †v |o C m7 o†| ‰_‹ b|Ä˝v - no-brainer!

(bvb| gcs-title.co.uk/65

32 SURREY LAWYER

]1vũা |Ń´;Äş1oĺ†h Ć?Ć?Ć“Ć’Ć” ќѾќĆ?Ć”Ć? †m7;u‰ub|;uvĹ ]1vũা |Ń´;Äş1oĺ†h

AUCTIONS

ANTIQUES AND FINE ART VALUATIONS AND AUCTIONS Ewbank’s specialises in providing clear market value inheritance tax valuations of the contents of properties both large and small in accordance with the valuation requirements of section 160 of the Inheritance Act 1984.

W

e are fully conversant with all the requirements of the authorities and can give comprehensive advice and support to those faced with the responsibility of being an executor or trustee, perhaps for the first time. A professional valuation ensures that values are less likely to be subject to detailed enquiry by the Tax Authorities; this assists considerably in hastening the process of winding up estates.

• Our experience enables us to value a broad range of items from general household contents to important collections.

• We value fine art, paintings, antique furniture and collections for the purpose of providing written valuations on an open market value basis in accordance with HM Revenue and customs guidelines.

• Our advice can help maximise sale proceeds on items which are not being retained, to achieve the best results for the deceased’s estate and the beneficiaries.

• We are aware that the circumstances where probate valuation is required are often difficult and we do our utmost to provide our service with integrity, empathy and discretion.

• In addition to providing valuations, we can also arrange the clearance of any remaining residual contents from properties which are of nominal value. The majority is recycled, re-used or donated to charity wherever possible • For executors who are not resident locally we can organise matters such as the safe-keeping of valuables advising on security and giving UK and international shipping advice.

• All our valuations are prepared under the valuation standards of the Royal Institution of Chartered Surveyors Red Book. Competitive fees are arranged by agreement in advance of accepting instructions and charges are discounted when instructions for sale are given.

• As Surrey’s premier fine art and antiques auction rooms, we are recognised as one of the county’s leading Probate Valuation firm and one of the only companies to provide a complete, fully comprehensive service including both property and contents. Running a busy sale room practice

means we are up to date with market value and trends.

• Ewbank’s are a family firm with a global customer base, and clients from all over the world. We are the only auctioneer in the region to list auctions on four online live bidding platforms, reaching buyers from in excess of 70 counties worldwide.

• We can sell and have specialists who can advise on: antiques, fine art, antique furniture, oil paintings, water-colours, prints and contemporary art, porcelain and glass, silver and jewellery, clocks, watches, bronzes and works of art, Art Nouveau, Art Deco, 20th Century design, stamps and coins, medals, Oriental works of art, wine, toys, garden statuary, film music and entertainment memorabilia.

• We hold quarterly Fine Art and Antique auctions, and four Interiors sales per year. Additionally we hold general auctions approximately every two weeks. Our Fine Art and Interiors sales are fully illustrated online with live internet bidding one four global internet bidding platforms. Making us unique in the region.

• Ewbank’s are open Monday to Friday 9:30am - 5pm for FREE valuations for sale and for valuations for probate and insurance by appointment (excluding sale days). Viewing before our sales is held on Mondays 9am – 5pm, Tuesdays 9:30am – 8pm, and Saturdays 10am – 2pm (Fine and Interiors auctions only). Sales start on Wednesdays at 10:30am and often run over consecutive days. For all forthcoming auction dates please visit

Chris Ewbank FRICS ASFAV antiques@ewbankauctions.co.uk www.ewbankauctions.co.uk

SURREY LAWYER 33

BOOK REVIEW

THE LAW OF INDUSTRIAL ACTION AND TRADE UNION RECOGNITION Third Edition

By John Bowers QC, Michael Duggan QC, David Reade QC and Katherine Apps ISBN: 978 0 19882 151 9 OXFORD UNIVERSITY PRESS www.oup.com INDUSTRIAL RELATIONS AND THE LAW: THE DEFINITIVE TEXT NOW IN A NEW THIRD EDITION FOR 2019 An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister” ‘Industrial action’ used to be called ‘strikes’ way back when, in the seventies and eighties. And sure enough, the precursor to this third edition of a now long established and definitive text which was called “The Modern Law of Strikes’ and published 1987.

The evolution of the title is significant. It does reflect the changes that have taken place “vis a vis” trades unions in the last four, almost five, decades. As Burton J mentions in the Foreword, ‘trade union recognition… has once again taken central stage,’ adding that, in his view, this book contains ‘the first detailed consideration of ‘the new statutory scheme by reference to the cases reported on the CAC’s website.’

‘Labour law is dynamic,’ say the four co-authors as they describe ‘the balance which the law endeavours to achieve between the right of collectively organised labour and the employer (which) has been the subject of criticism from both sides of the political spectrum.’

Published by Oxford University Press (OUP), the book provides a noteworthy introduction offering the busy reader a succinct, but incisive overview of the developments in labour/employer relations over the past thirty years.

In this context, the following point is made, namely that ‘one of the most persistent causes of strikes over the years has been the request for trade union recognition,’ into which the law has stepped via key legislation, to provide a peaceful means of settling such claims.

An even shorter summary at the end of the chapter provides a brief but hard-hitting review of ‘the State of Things in 2018’, supported by some revealing statistics, most indicating, to a considerable degree the decline of trades union membership and therefore trades union power, although a resurgence should not be ruled out, say the authors, in the event of a Corbyn-led government.

While it is irrefutable that developments, good or bad, within the trades union movement are inextricably linked with politics — 34 SURREY LAWYER

parliament being the law-making body — the commentary in this book is objective and politically neutral covering, as it does, virtually all the topics relevant to this area of law.

The chapter headings themselves indicate a thorough and authoritative examination of a formidably wide range of difficult issues. ‘Industrial Action and the Individual Contract of Employment’, and ‘Liability for Strikes: The Economic Torts’ are just two examples. Further chapters examine trade dispute immunity, picketing, unfair dismissal, employment protection rights, injunctions and more.

Two chapters are devoted to balloting, a matter of considerable controversy over the years. It’s in the latter part of the book that trades union recognition is analysed in depth and detail over at least three chapters, plus there’s a chapter on de-recognition.

Distinguished by its clarity and readability, this new and updated third edition of this classic text — noted for its authority and reliability — is an essential tool of reference, not just for lawyers and the judiciary, but for anyone involved the trade union issues, from trades unions themselves (obviously) to employers (certainly) to arbitrators, mediators and conciliators.

Indeed, researchers in any sphere will find very useful, the extensive tables of cases, legislation, statutory instruments, treaties and conventions and codes of practice. The table of contents is fortunately, very detailed as is the index. Also note the appendix which contains sample forms and precedents.

The book is up to date as of 10 October 2018. The date of publication of the third edition is 20th February 2019. ■

by Elizabeth Taylor and

Phillip Taylor MBE

of Richmond Green Chambers

Bringing together all your commercial requirements

Conveyancing can be complex and even more so when looking at commercial transactions.

Thames Water Property Searches endeavour to make this process as seamless as possible, whether it’s: • Acquisitions • Commercial leases, or • Development We aim to keep you informed along the way, assisting you in solving the problems as they may appearr..

www.thameswater-propertysearches.co.uk/SL