Surrey lawyer Summer 2018

LAWYER SURREY

The Official Journal of THE SURREY LAW SOCIETY

SUMMER 2018

GDPR –

What’s next…? see Page 17 Inside this issue:

■ WILLS AND PROBATE ■ CONVEYANCING ■ SOFTWARE ■ NEWS

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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 2018 CEO Report

8-9

SLS Awards 2018

Awards Local Issues

ADVERTISING AND FEATURES EDITOR Anna Woodhams

10-14

Local News

15-16

SLS Events

SLS Events

STUDIO MANAGER John Barry

ACCOUNTS

17

Joanne Casey

Spotlight On 17

MEDIA No.

YSL Reports

1574

19

PUBLISHED

Young Surrey Lawyers Report

Reports

June 2018 © The Surrey Law Society - Benham Publishing

20 21

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.

GDPR - What’s next...?

Council Member’s Report Law Society Report

Articles 22-23 24 25

24

SLS Insight: Get to know your Committee WHO CHOOSES HOW YOU DIE? LEAP conveyancing manager talks about the firm’s new Best Practice Standard accreditation scheme

Wills and Probate 26

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

Duke

Property 27

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

“Scientia Potentia Est” (Knowledge Is Power!)

Dispute Resolution 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.

Don’t switch off!

Printing Services

27

29

Bluedot Display...

Employment 30

Catch-all solution to in-house staffing problems: outsourcing!

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

31

Death and Taxes.

COVER INFORMATION The cover image: GDPR - Whats next....? See Page 17

32

LEAP launches launches major revision of Legal Aid software How secure is my site?

Copy Deadlines

Finance Software

30

33

Book Review 34

Autumn 2018 Issue 7th September Winter 2018 Issue 5th December Spring 2019 Issue 7th March Anyone wishing to advertise in Surrey Lawyer please contact Anna Woodhams before copy deadline.

Email:

anna@benhampublishing.com

Tel:

0151 236 4141

DISCIPLINARY AND REGULATORY PROCEEDINGS

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

Email:

helen.opie@surreylawsociety.org.uk

Tel:

0333 577 3830

SURREY LAWYER 3

OFFICERS

KEY OFFICERS President JAMES SCOZZI Elite Law Solicitors 1 Fetter Lane London EC4A 1BR DX: 14 London Chancery Lane Tel: 020 3440 5506 Fax: 01923 219416 Email: jscozzi@elitelawsolicitors.co.uk

COMMITTEE MEMBERS

LAW SOCIETY COUNCIL MEMBERS

MARK GOUGH Solicitor 22 Woodlands Road, Little Bookham, Surrey KT23 4HF Tel: 01372 230786 Email: mark@markgoughlaw.com

SUSHILA ABRAHAM S Abraham Solicitors 290A Ewell Road, Surbiton KT6 7AQ Tel: 020 8390 0044 Email: office@sabrahamsolicitors.co.uk

MAREK BEDNARCZYK Hart Brown Resolution House, Riverview, Walnut Tree Close, Guildford, GU1 4UX DX 2403 Guildford 1 Tel: 01483 887704 Fax: 01483 887758 Email: msb@hartbrown.co.uk DANIEL CHURCH Kingston Smith LLP Devonshire House, 60 Goswell Road, London, EC1M 7AD Email: DChurch@kingstonsmith.co.uk

Vice President VICTORIA CLARKE Stowe Family Law LLP The Bellbourne 103, High Street Esher, KT10 9QE Tel: 01372 571126 Email: Victoria.Clarke@stowefamilylaw.co.uk

MUMTAZ HUSSAIN The Legal Consultant M: 07983 488 351 mumtaz@thelegalconsultant.org.uk MARALYN HUTCHINSON Kagan Moss & Co 22 The Causeway Teddington TW11 0HF Tel: 020 8977 6633 Fax: 020 8977 0183 Email: maralyn.hutchinson@kaganmoss.co.uk

Hon Secretary KIERAN BOWE

JOHN PERRY Palmers Solicitors 89-91 Clarence Street Kingston upon Thames, KT1 1QY DX 31524 Kingston upon Thames Tel: 020 8549 7444 Fax: 020 8547 2117 Email: john.perry@palmerssolicitors.co.uk Chief Executive & Magazine Editor HELEN OPIE Surrey Law Society c/o Russell-Cooke Solicitors, Bishop's Palace House, Kingston Bridge, Kingston-upon-Thames, KT1 1QN Web: www.surreylawsociety.org.uk Tel: 0333 577 3830 Email: helen.opie@surreylawsociety.org.uk

SUB COMMITTEES CONVEYANCING & LAND LAW Gloria McDermott Maralyn Hutchinson

Russell-Cooke Solicitors Bishops Palace House, Kingston Bridge, Kingston upon Thames, Surrey, KT1 1QN DX 31546 Kingston upon Thames

GLORIA MCDERMOTT Surrey Law Society, c/o Russell-Cooke Solicitors, Bishop's Palace House, Kingston Bridge, Kingston-upon-Thames, Surrey KT1 1QN DX 94652 Virginia Water Email: gloria.mcdermott@virginmedia.com

STRATEGIC PLANNING & FINANCE Kieran Bowe Nick Ball Daniel Church James Scozzi Marek Bednarczyk

Tel: 020 8541 2041 Fax: 020 8541 2009 Email: kieran.bowe@russell-cooke.co.uk

Hon Treasurer

JULIE ROWE Russell-Cooke Solicitors Bishops Palace House, Kingston Bridge, Kingston upon Thames, Surrey, KT1 1QN DX 31546 Kingston upon Thames Tel: 020 8541 2023 Email: Julie.Rowe@russell-cooke.co.uk GERARD SANDERS Hart Brown Resolution House, Riverview, Walnut Tree Close, Guildford, GU1 4UX DX 2403 Guildford 1 Tel: 01483 887704 Fax: 01483 887758 Email: gts@hartbrown.co.uk

NICK BALL Howell Jones Solicitors 75 Surbiton Road, Kingston upon Thames, Surrey, KT1 2AF

IAN WILKINSON The Castle Partnership 2 Wey Court, Mary Road, Guildford, Surrey GU1 4QU Tel: 01483 300905 Email: ian@castlepartnership.co.uk

DX: 57715 Surbiton Tel (Office): 020 8549 5186 Tel (Fax): 020 8549 3383 Email: nick.ball@howell-jones.com

SOCIAL Daniel Church (Chair) Gloria McDermott John Perry* Julie Rowe *Non-Committee Member.

YOUNG SURREY LAWYERS Madeleine Gooding (Chair) Imogen Heywood Jessica Morton Will De Fazio-Saunders Alexander Bishop Victoria Clarke Email: youngsurreylawyers@hotmail.com Twitter: @YSL_Live LinkedIn: linkedin.com/groups/4515609

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: Helen Opie, Chief Executive Surrey Law Society, c/o Russell-Cooke Solicitors, Bishop's Palace House, Kingston Bridge, Kingston-upon-Thames, KT1 1QN Web: www.surreylawsociety.org.uk Email: helen.opie@surreylawsociety.org.uk Tel: 0333 577 3830

EDITORIAL

President’s Jottings Summer 2018 Over the Spring, we have been working hard to ensure the Society delivers as much as possible to its members and are pleased to update you here on some of the benefits that your SLS membership brings.

Lobbying One of the key objectives of any local law society is to provide a voice for its members and at Surrey Law Society we are keen to ensure that you are given the opportunity to share your opinions and concerns with the key policy makers in the industry. With that in mind, we recently co-hosted a very successful reception with the County Societies Group at the Houses of Parliament.

This gave members of each county society the opportunity to network with the Lord Chancellor David Gauke MP and Bob Neill MP, Chair of the Justice Committee amongst other local and national MPs. More information on this hugely enjoyable event can be found later in the magazine, but we hope moving forward that we can collaborate on many more important events such as this, hopefully giving you additional chances to influence high ranking members of the Government. If you have any key areas or issues that you think that Surrey Law Society should be facilitating dialogue on, don’t hesitate to get in touch with us.

Responses to Consultations At the time of writing, members should recently have received an email from our Vice President, Victoria Clarke, about responding to the SRA’s PII consultation on 'Protecting the users of legal services: balancing the cost and access to legal services'. By the time of reading this, the deadline will have long past but the Society will have prepared and submitted a full response to the consultation and hope that individual firms and members will have done the same. The Surrey Law Society is committed to the protection and advancement of the legal profession and as such prepares responses to consultations from a variety of organisations, including Local and National Government, The Law Society and the Solicitors Regulation Authority, and will endeavour over the

coming years to make its work in this area more visible to members. We have now ensured that consultations are a permanent item on the committee meeting agenda and we are currently working on a new page for the website that will document the responses we submit and news on any open consultations that we would encourage you to respond to.

SLS Legal Awards As you will likely be aware, we have now announced the shortlist for our inaugural SLS Legal Awards and would like to congratulate the successful nominees and thank everyone who submitted an entry to this important and exciting programme. The SLS Legal Awards is open to members of the Surrey Law Society only and hence constitute a real benefit of membership. We hope they will present an opportunity to celebrate the enormously important work of local lawyers for many years to come and would encourage everyone to engage with the initiative, whether it be as a guest at the dinner or by nominating yourself or your colleagues for a future award. We want to celebrate everyone from the sole practitioner to the largest firms, so please do get involved.

The above represent just a few of the benefits or your membership, there are of course others, the CPD courses, social events, recruitment notice board and Solicitor directory on the website, to name a few. We are however keen to keep the Society evolving with the times and making the offering as relevant as possible to its members, so if there is anything else that you would like to see us do for you, please don’t hesitate to get in touch. ■

James Scozzi SLS President 2018 SURREY LAWYER 5

EDITORIAL

S L S

C P D P R O G R A M M E 2 0 1 8

All half-day courses will be held at Denbies Wine Estate, London Road, Dorking RH5 6AA from 2.00pm - 5.15pm

AREA

DAY, DATE & TIME

TOPIC

SPEAKER

SPONSOR

Property

Wed 12th September 2018 (pm) Impact and Implications for

SRA New Code of Conduct –

Denis Cameron

Index

Man

Wed 26th September 2018 (pm) Compliance Update 2018

Matt Moore

PC

Wed 3rd October 2018 (pm)

Protecting the Assets of the Elderly

John Thurston

HFS Milbourne

Man

Wed 31st October 2018 (pm)

Maximising Profits for Law Firms

Peter Scott

HFS Milbourne

Conveyancers

2018 CONFERENCE DATES PRIVATE CLIENT CONFERENCE – THURSDAY, 20th SEPTEMBER 2018 G-LIVE, GUILDFORD – 6 HOURS CPD

CONVEYANCING & LAND LAW CONFERENCE – TUESDAY, 30th OCTOBER 2018 (NEW DATE) G-LIVE, GUILDFORD – 6 HOURS CPD

Some of the great feedback from this year’s courses Very informative and certainly gave me a lot to think about Useful & interactive Excellent speaker, plenty of information, lots of practical detail Excellent presentation of very interesting subject Compelling speaker, excellent notes A complex subject made to seem easy

CPD Programme 2018-2019

Is there a particular topic that you would like to be included in our CPD programme next year?

Is there a specific speaker that you would like to hear present? Topics could cover a particular area of law, new legislation or a variety of soft skills. Please send your suggestions to helen.opie@surreylawsociety.org.uk.

6 SURREY LAWYER

EDITORIAL

CEO ReportSummer 2018 It seems only a short time ago that I was writing the report for our Spring edition, the Summer has rolled around so quickly and it will soon be time for much needed holidays. Before the schools break and things quieten down for a month or two, I thought I’d update you on some of the exciting work being carried out at Surrey Law Society HQ.

F

irstly, to the Awards, work on which has been progressing at speed. The deadline for nominations was in May and we were overwhelmed by the positive response to the initiative, receiving a large volume of submissions from a wide variety of members.

The shortlist has now been announced and can be viewed in full on the next page. We would like to extend our thanks to everyone who took the time to enter in each category and of course congratulate the successfully shortlisted candidates. Our next priorities are planning the evening itself, which will take place on Thursday 20 September 2018 at the Mandolay Hotel Guildford. We would like to advise members that while the event will of course include the presentation of awards to winners, this will form only a brief part of the evening, and the main focus of the event is for members to network with each other, celebrate each other’s successes and enjoy the entertainment. The evening will incorporate the Society’s Annual Gala Dinner and retain much of the format of that event, so please do come along if you usually find that an enjoyable event. More information on this including booking information can be found overleaf.

Moving away from the Awards, our CPD programme has also been continuing and we are delighted that attendance has been so positive at this year’s courses. We will be having a short break over the summer holidays but back again in the Autumn term with sessions on the SRA’s New Code of Conduct, Compliance, Protecting the Assets of the Elderly and Maximising Profits. Please do make your bookings on these course before the summer holidays to guarantee your place. We are now in the process of researching our 2018-2019 CPD programme and would very much value your input on topics you would like to be covered or speakers you would like to hear from. Please don’t hesitate to email your suggestions to me, especially on areas that we have not traditionally covered that you would like to see added to the programme.

Work has also been progressing on the conferences and we will shortly be advertising these so that you can book your early bird package before the end of July.

The Conveyancing and Land Law Conference is later in the year on Tuesday 30th October (please note that this is a change from the date originally advertised)

but the Private Client Conference will be held on the 20th September, the same day as the Annual Gala Dinner and SLS Legal Awards Ceremony. The conference, which is being held at G:Live, is only over the road from the Mandolay, and we are offering those who are attending the Dinner a 10% discount on their conference fee. Speakers at the Private Client conference include Emma Chamberlain OBE, John Bunker, Caroline Bielanska and Richard Dew. The Society has also held a couple of social events since our last edition, the Legal Brain of Surrey Quiz and the County Societies Group Reception at the Houses of Parliament. More information on these can be found later in the magazine but we are thrilled that both proved so successful.

Moving forward we have the President’s Wine Tasting and Networking event on 12th July 2018 at Denbies Wine Estate and are planning a Professionals Networking Event with some local Accountants in the Autumn, so please do look out for more information on them.

As Spring draws to a close, Elaine can finally wave goodbye to work on membership renewals for another year. This is an extensive and detailed piece of administration so I would like to thank her for everything she has done in making the process run so smoothly. We are delighted that this membership year sees the arrival of two new corporate members, MW Solicitors and Charles Russell Speechlys and would like to welcome both firms to the Society.

To stay in touch with the Surrey Law Society, please do follow us on our social media pages, and feel free to share any of our posts that might be of interest to your own followers or connections, details of our accounts can be found below. In the meantime, I would like to take this opportunity to wish you all a fantastic summer and some relaxation time for those who are going on holiday.

Helen Opie CEO Surrey Law Society t: 0333 577 3830 e: helen.opie@surreylawsociety.org.uk @SurreyLawSoc @surreylawsociety Helen Opie (Chief Executive at Surrey Law Society)

SURREY LAWYER 7

THUR S DAY 2 0 SEPTEM MB E R 2 01 8

AWA R D S

CEREMONY 2018

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

Client Care Award

Business Growth Award

Clinical Negligence/ Personal Injury Lawyer of the Year

T H E MAN D O L AY H O T E L , GUIL D F O R D The Surrey Law Society would like to thank the generous sponsors of the SLS Legal Awards 2018.

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 Shortlist The Surrey Law Society is delighted to announce that the shortlisted nominations for the 2018 Legal Awards are: Law Firm of the Year

Lawyer of the Year

Rising Star of the Year

• BakerLaw LLP • DR Solicitors • Morrisons Solicitors LLP • Mundays LLP

• Holly Chantler (Morrisons Solicitors LLP) • Emma Newman (Stowe Family Law) • Daphne Robertson (DR Solicitors) • Scott Taylor (Barlow Robbins Solicitors)

• Bethan Foster (RHW Solicitors) • Madeleine Gooding (TWM Solicitors LLP) • Harriet Irving (Stevens & Bolton)

Business Growth Award

Client Care Award

Clin Neg/PI Lawyer of the Year

• BakerLaw LLP • MW Solicitors • Russell-Cooke Solicitors (Children & Education Team – Eva Atkins)

Private Client Lawyer of the Year • Holly Chantler (Morrisons Solicitors LLP) • Debbie Duggan (BakerLaw LLP) • Julie Man (Mundays LLP)

• Sushila Abraham (S. Abraham Solicitors) • Sue Crosby (TWM Solicitors LLP) • Alastair Logan OBE

• Sarah Corbett (MW Solicitors) • Emma Potter (Barlow Robbins Solicitors)

Property Lawyer of the Year • Nadine Shouler (MW Solicitors) • Rachel Stewart (Russell-Cooke Solicitors) • Louise Woof (Dollman & Pritchard Solicitors)

The Event This year’s annual gala dinner and SLS Legal Awards Ceremony, which is sponsored by Index Property Information, will take place at the Mandolay Hotel Guildford on the evening of Thursday 20th September 2018. We have a fantastic event planned, which promises to be an excellent

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

opportunity for members to network and share in each other’s successes as well as celebrating with the winners of the inaugural SLS Legal Awards.

The programme for the evening will run as follows:

Welcome Reception sponsored by HFS Milbourne

Mandolay Suite (Ground Floor)

Gala Dinner

Mandolay Suite (Lower Ground)

Welcome by the President

After Dinner Speech by Joshua Rozenberg SLS Legal Awards Ceremony Dancing & Drinks

Mandolay Suite (Lower Ground) Mandolay Suite (Lower Ground) Mandolay Suite (Lower Ground) Mandolay Suite (Lower Ground)

Carriages

We are delighted that our after-dinner speaker will be Joshua Rozenberg QC (hon). Joshua is Britain's best-known commentator on the law. He is the only full-time journalist to have been appointed as Queen's Counsel honoris causa.

For more than a decade he has written a twicemonthly column for the Law Society Gazette.

From 2010 to 2016, he wrote a weekly commentary for the Guardian website. In 2012,

Mandolay Suite (Lower Ground)

he was included by The Times in its independently-judged list of the UK's 100 most influential lawyers, the only journalist to feature in the Times Law 100. Joshua is known for his independence, his authority and his ability to explain complicated legal issues with simplicity, clarity and wit. Because he trained as a lawyer before becoming a legal journalist, he is often the first port of call for broadcasters faced with a

breaking legal story. He appears regularly on Sky News, the BBC news channel and other news networks in the UK and abroad.

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 20th September 2018 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

LOCAL NEWS

Photograph (left to right): Tim Matthews, Scott Taylor and Sara Abou-Jaoude.

Barlow Robbins further strengthens corporate practice with arrival of City heavyweight and promotes 2 others to partnership Leading Surrey law firm Barlow Robbins has announced the appointment of Tim Matthews as a partner in the firm’s Corporate & Commercial team.

Tim brings to the firm over 25 years’ experience acting for UK-listed international and private companies, principally in the technology and life sciences sectors.

As a corporate specialist, his practice covers all aspects of corporate law and commercial contracts.

T

im has advised on a number of Initial Public Offerings on the Official List and the AIM market of the London Stock Exchange. Tim’s practice also includes advising on UK corporate governance, business ethics, and issues related to corruption and bribery.

Scott has been part of the Barlow Robbins team since 2016, when he joined as a Senior Associate. Scott is a trust and probate litigation expert and heads the firm’s specialist team advising on inheritance disputes, will disputes and contested trusts.

He joins from Brown Rudnick where he was Partner in the corporate practice, focusing on public takeovers, mergers, acquisitions and sales, company reorganisations and LLP conversations. Previously a Partner at Clyde & Co, Tim began his career in the corporate finance team at Simmons & Simmons. Among his accolades are regular recognitions by industry publications for his M&A work, as well as being named as a ‘Leading Individual’ by both Legal 500 and Chambers.

He has particular expertise in cases involving allegations of lack of testamentary capacity, undue influence, want of knowledge and approval, and claims under the Inheritance (Provision for Family and Dependants) Act 1975 which often involve the estates of HNW individuals and assets in multiple jurisdictions.

Scott is also experienced in advising charities on protecting their much-valued legacy income.

Tim’s hire is the latest is a series of appointments to the Barlow Robbins corporate team, which is led by partner Mark Lucas, over recent months.

The addition of Associate Graham Jewell, Senior Associate Ian McDonald and Solicitor Matt Devine to the team, taken together with Tim’s appointment, represent a significant expansion of the firm’s corporate capability.

Commenting on the appointment, Barlow Robbins Chief Executive Ray Black said “Tim’s hire represents a strategic move for Barlow Robbins as we continue to expand the corporate team and seek to capitalise on the opportunities in the marketplace. He is a highly regarded corporate specialist and his particular expertise in technology and life sciences will further diversify and compliment our corporate offering.”

Additionally, the firm has announced the promotions of Scott Taylor and Sara AbouJaoude to partnership.

10 SURREY LAWYER

Scott has been recognised as a leading private client practitioner in the Top 35 under 35 by eprivateclient, and is a recommended lawyer in The Legal 500 2017.

Sara joined Barlow Robbins in August 2013 as a Solicitor. She specialises in residential conveyancing, advising clients on all aspects of transferring property ownership, including freehold and lease sales and purchases, transfers of equity, remortgages and lease extensions.

She acts for a variety of clients but works mainly for HNW individuals in management of their property portfolios both in the UK and abroad.

Sara has particular expertise in dealing with high value properties both in the country markets of the home counties and London markets, and also advises developers who are selling individual properties or multiple plots.

LOCAL NEWS

Downs Solicitors appoint new property specialist A Surrey-based law firm has appointed Gemma Taylor to the conveyancing team in Dorking, bringing with her more than 12 years’ experience in the industry.

G

emma joins leading Surrey law firm, Downs Solicitors & Notaries, from TWM Solicitors and has worked in residential property since 2006. She qualified as a Licensed Conveyancer in 2013 and since then, Gemma has worked with clients on all legal aspects associated with residential property work.

Gemma’s previous experience is in sales and purchases of freehold and leasehold property, re-mortgages, transfers of equity and lease extensions. She has also worked with clients alongside Government-backed initiatives, such as Help to Buy and Shared Ownership.

Richard Taylor, Partner and Head of the Residential Property Department at Downs Solicitors, said: “I am delighted to announce that Gemma Taylor will be joining the

residential property team here at Downs Solicitors. Gemma’s experience will no doubt prove to be an excellent asset both to the team and to the firm as a whole.

At Downs, we understand that residential transactions are stressful for those involved and we aim to work closely and proactively with our clients to achieve their goals by delivering a high level of service from a team driven by experienced lawyers and backed up with dedicated 1-1 support.

Photograph: Gemma Taylor

I have worked with Gemma on many transactions over the years and it is clear from these dealings that she shares these same core values with an emphasis on service. I now look forward to working alongside her as a colleague”.

LAW FIRM HOWELLJONES LLP SOLD AFTER FOUNDER RETIRES Photograph (left to right): Helen Hotten, Simon Carter, Jess Buttaci, Andrew Petchey, Juliet Petchey and Jo Cullen

O

ne of the region’s longest serving Solicitors, Keith Howell-Jones, has retired after the sale of his firm to a group of longstanding partners in the business.

Howell-Jones LLP has been taken over by a team of four women and two men. It follows the decision by Keith to retire from the business he started in the 1970s. Howell-

Jones LLP has about 80 staff, and offices across Surrey, in Hampshire and at London’s Canary Wharf financial centre. Four of the new owners began their legal careers at Howell-Jones as trainee Solicitors. The new owners are Simon Carter, Jo Cullen, Andrew Petchey, Juliet Petchey, Jess Buttaci and Helen Hotten.

SURREY LAWYER 11

LOCAL NEWS

Russell-Cooke promotes five to partnership H

Photograph: (left to right) Hannah Field and Rachel Stewart

London and Surrey firm, Russell-Cooke Solicitors, has this year promoted five of its Senior Associates to the partnership, with two of them based in the Kingston office.

annah Field joined Russell-Cooke in 2010, having qualified into the family team of a London firm in 2006. She has developed her practice based on expertise across a broad range of family law issues including divorce, matrimonial finances, cohabitation disputes, pre and postnuptial agreements, domestic violence orders as well as private law disputes relating to children.

Hannah has experience of advising individuals from a broad range of backgrounds. She is a member of Resolution and is a trained collaborative lawyer.

Rachel Stewart advises on residential property law, specialising in acting for clients with high value properties particularly in the Surrey landed estates.

She works closely with the private client team in the Kingston office, on not only probate cases but also a wide range of other matters involving Court of Protection and trust sales and complex tax administration. She joined Russell-Cooke as a conveyancing solicitor in 2004, having trained at a Manchester firm.

The other new Partners are based in Putney and Holborn, and bring the total number of Partners to 62:

• James Harris is in the Holborn real estate team and has a special interest in real estate finance • Amy Lewis works in the Putney conveyancing team and specialises in residential lease extension and enfranchisement • Lucy Wilton is expert in clinical negligence and personal injury team and is based in Putney The firm has also promoted nine lawyers to the role of Senior Associate, across six different practice areas. Three promotees are Kingston-based: Pieter Boodt (real estate), Sarah Inchley and James Sandiford (both children and education) Kieran Bowe, Partner in the Kingston office and SLS Honorary Secretary, said “Russell-Cooke established its Kingston office back in 1985. Since then we have grown substantially through both organic growth and mergers. As the firm grows, it naturally creates opportunities for its lawyers at Partner level and elsewhere. We are delighted that the Kingston office has offered such great opportunities for career development and now boasts eight Partners in total”

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LOCAL NEWS

Photograph (left to right): Natalie Deuchar, Samantha Ewing, Joe Edwards, Rachel Warren, Heather Cross, Rebecca Piper

Six Lawyers Promoted at Charles Russell Speechlys in Guildford Six lawyers at Charles Russell Speechlys in Guildford have been promoted in recognition of their outstanding contribution to the firm’s continued success in the South East.

Rachel Warren, a specialist in healthcare and regulatory crime, has been promoted to Legal Director. In addition to acting for healthcare clients in relation to a wide range of issues, Rachel acts for clients involved in regulatory criminal proceedings including investigations and prosecutions brought by the Health and Safety Executive. She also has experience of Environment Agency and Local Authority prosecutions. Rachel is an exceptional lawyer. She was singled out this year by legal directory, Legal 500, for being “a star of the team" who "obtains fantastic results for her clients through her case preparation and tactical judgement."

In addition to Rachel’s promotion, five lawyers have been promoted to Senior Associate.

Natalie Deuchar specialises in all aspects of commercial and residential landlord and tenant disputes. She has particular experience in leasehold enfranchisement claims, acting for both landlords and tenants, lease extension claims and rights of refusal matters. She was recognised in Chambers UK 2018 as an ‘Associate to watch’ in Real Estate Litigation in the South.

Joe Edwards is a property litigator and a specialist in property finance disputes. He has particular expertise advising in relation to property derivatives, including interest rate swaps and more complex financial products.

individuals, deputies, executors and charities based in the UK and abroad regarding UK assets and estates.

Legal 500 has given her the accolade of being one of just three ‘next generation lawyers’ in her area.

Rebecca Piper has extensive experience in advising individuals and charities on disputes involving challenges to wills, claims under the Inheritance (Provision for Family & Dependants) Act 1975 and Court of Protection work. She has a particular interest in lack of capacity cases and was recognised by Legal 500 for her “brilliant attention to detail.”

Heather Cross advises on a wide range of real estate transactions and has particular expertise in the retail and leisure, corporate occupier, investor and development sectors. Her clients range from national retail and leisure organisations to corporations, overseas investors, financial institutions and charities.

Duncan Elson, Partner and Head of the Guildford office comments, “We are proud to see six Guildfordbased lawyers recognised as part of the firm’s annual promotions. They are all outstanding lawyers with leading specialist knowledge and a strong commitment to exemplary client service. They are all highly valued by their clients and their teams at Charles Russell Speechlys. Their promotions are very well deserved.”

Samantha Ewing is experienced in advising clients on a range of contested will validity claims including forgery, rectification and capacity as well as contentious Court of Protection claims. She acts for

SURREY LAWYER 13

LOCAL NEWS

uLaw students battle it out at the grand final of their mooting competition O

n Monday 30th April, 4 ULaw Guildford students battled for the grand final of their mooting competition. The question was about temporary removal of children from the jurisdiction and the application of the Payne v Payne guidance.

It was beyond the scope of the LLB and GDL courses, so the finalists had a lot of research and analysis to carry out before being able to craft and deliver their submissions. Judge Sutherland-Williams, currently of the Immigration Tribunal, really put the students to the test and all 4 ably stood their ground.

The winners were Samuel White LLB and Charlie Hill GDL. They were challenged admirably by Ben Crouch and Marie Flanagan both GDL students.

Photograph (left to right): Samuel White LLB & Charlie Hill GDL

uLaw raises money for International Law Book Facility charity at student quiz night O

n Thursday 26th April ULaw Guildford held a student quiz night. As part of the festivities and in aid of the International Law Book Facility a group of students sold fabulous cakes and raised a whopping ÂŁ133.10 for the ILBF charity. The students are continuing to seek donations of unwanted legal texts and the money raised will help to pay for their transit to Wollo University Law School, in Ethiopia. Please email ILBF-Guildford@law.ac.uk if you have books to donate.

Photograph: Winners of the uLaw Student Quiz Night

14 SURREY LAWYER

SLS EVENTS

Photograph: The Winning Quiz Team, Gordons Partnership LLP, with Quizmaster John Perry and SLS President, James Scozzi

Legal Brain of Surrey Quiz I

n March, we were delighted to host again one of the Society’s most popular events, the Legal Brain of Surrey Quiz, which took place at the University of Law in Guildford. 11 teams took part in the 10-part quiz which included questions on a variety of topics ranging from the world’s most expensive paintings to the #metoo movement. The winning team was Gordons Partnership LLP, who pipped Laytons to the post by just 1 point, exactly the same result as last year. In a respectable third place were Seakens Solicitors. The winners were awarded the Mike Coverley Cup, which was presented to the Surrey Law Society in memory of Mike Coverley, a well-respected and liked local practitioner and the evening raised in excess of £200 for the President’s charity, the Princess Alice Hospice.

Photograph: teams battle it out at the 2018 Legal Brain of Surrey Quiz

President's Wine Tasting & Networking Evening T

he President of the Surrey Law Society, James Scozzi, is delighted to invite members to a prestigious evening of wine tasting and networking in the heart of the Surrey Hills.

As well as offering members an excellent opportunity to network, attendees will be guided through a tasting of Denbies classic wine by some of the vineyard's experts, who will provide advice on each vintage as well as answering questions on the vineyards's wine making process.

The evening will be set on the vineyard's front lawn, offering fantastic views of the Surrey countryside, unless of course weather doesn't permit, where we will move to the atmospheric Denbies cellars.

Wine and canapés will be included in the package, and Denbies has kindly offered all attendees a 10% discount on dinner at their Gallery Restaurant, should they wish to make a booking for after the reception.

The restaurant is located on the third floor overlooking the 265 acre vineyard and offers possibly the most spectacular restaurant views in Surrey far reaching over Box Hill and the North Downs.

Denbies Wine Estate can be found just a 15-minute walk or 5-minute taxi ride from Dorking and Dorking Deepdene Stations and 10 minutes’ drive from junction 9 of the M25.

Cost: £28 per person (SLS Members); £38 per person (Non-Members) For further information or to book the event, please email helen.opie@surreylawsociety.org.uk

Thursday 12th July 2018; 6:00pm to 8:00pm Denbies Wine Estate, Dorking

Photograph: Denbies Wine Estate

SURREY LAWYER 15

SLS EVENTS

Members of Surrey Law Society meet with the Lord Chancellor, Ministry of Justice and local MPs to discuss access to justice and legal aid

Photograph: Daphne Robertson

Photograph: Members of the County Societies Group with the Lord Chancellor, the Rt. Hon. David Gauke MP

Solicitors from local law societies across the country were pleased to hear from the Lord Chancellor, The Rt. Hon. David Gauke MP and Chairman of the Justice Select Committee Bob Neill MP at a reception in the House of Commons this month. The reception was hosted by the County Societies Group and sponsored by Torbay MP Kevin Foster.

16 SURREY LAWYER

T

he County Societies Group comprises Cheshire & North Wales, Devon & Somerset, Kent, Leicestershire, Newcastle and Surrey law societies and represent over 5,000 solicitors. Members of these societies were supported by national Law Society President Joe Egan and had the opportunity to speak to MPs and Peers about the many issues facing the profession.

Solicitors have a professional duty to uphold the rule of law. The County Societies Group is worried about the lack of public funding for the administration of justice and changes to professional rules that has left clients unable to access quality legal advice and access to justice.

David Gauke, who is also a solicitor and the first to hold the position of Lord Chancellor, said that a thriving legal profession was essential in a civilised society.

Bob Neill echoed these words saying that legal services were not a commodity and that greater public investment was needed to ensure access to justice for everyone. He called on the profession to engage with MPs and to furnish them with the evidence about how current policy was impacting on their practices and clients.

Devon & Somerset Law Society’s President Stephen Mahoney set out some of the challenges facing solicitors and highlighted the decline in those willing and able to undertake Criminal Defence and Housing work under the existing arrangements. He drew attention to The Law Society’s campaign to reintroduce legal aid for early advice in Family Law and Housing Law and urged MPs to support this.

Surrey Law Society President, James Scozzi, attended the Reception and commented “this was an exceptionally valuable event, giving a rare opportunity for our members to voice their concerns and opinions directly to both the Lord Chancellor and some of our local MPs. The Surrey Law Society is proud to provide a voice for its members and delighted that collaboration with the County Societies Group provides platforms such as these”.

A member’s perspective on the event by Daphne Robertson, Founder and Senior Partner at DR Solicitors The County Societies Group reception in Westminster on 15 May was a prime example of exactly how a good networking event should be run. Aside from the impressive surroundings of The Strangers’ Dining Room, this informal gathering provided a unique opportunity to hear from the Lord High Chancellor, David Gauke, various Members of Parliament and fellow solicitors from across the country about their vision for the future of legal services in this country and the role of solicitors in upholding English law.

Personally, I was honoured to have been able to mingle with Baroness Elizabeth Butler-Sloss – the inaugural female Lord Justice of Appeal – and hear supportive and inspiring words from Kevin Foster MP, who hosted the event, Lord Chancellor Gauke, MP Bob Neill (a former criminal law barrister) and President of the Law Society, Joe Egan.

Some of their key messages included the importance of our work as solicitors in ensuring we maintain a justice system that is open to all (despite our struggles dealing with a lack of Government funding), the significance of solicitors operating as a high-quality ‘brand’ amidst competition from unregulated legal consultants and the need to see ourselves as professionals selling unique legal services and not simply commoditised legal products.

This was an excellent opportunity to network with MPs who enjoyed integrating with lawyers working outside of London and therefore it was particularly good for instilling confidence in the legal profession at local level. I would thoroughly recommend it.

SPOTLIGHT ON

GDPR –

What’s next…?

We spoke with Bruce Penson, Managing Director, Pro Drive IT to ask him about the implications of GDPR. Photograph: Bruce Penson’

So May 25th has come and gone.

After a last-minute surge, you have stopped receiving those privacy notices (mostly).

Your junk email may have even gone down in volume - although the spam you really are fed up with is probably still there.

So GDPR was a success, right?

And now it’s back to business as usual......

I

would argue that anyone who subscribes to this view is largely missing the point. Let’s understand why, and what GDPR holds for us going forward.

It’s about keeping data safe GDPR is not intended to be a one off shake up of data protection policies and procedures. It about keeping data safe. A good comparison is with the introduction of the health and safety in the workplace laws in the 1970s. That was when health and safety started - but now we all think about keeping our staff safe, not just about being health and safety compliant. In fact, we often won’t deal with organisations with a poor health and safety record.

Think about that in the context of personal data. Would your firm retain its clients if they had concerns about how their data is looked after? Unlikely after the recent privacy scandals (and make no mistake, there will be many more to come!). So as the profile of data protection grows, the requirement on firms to demonstrate their credentials inevitably will too.

The next PPI? There are a lot of scare stories about the size of fines possible under GDPR. For most SME firms trying to abide by the rules, this should not be a concern.

Even under the previous data protection laws (where the limit on fines was much lower) the maximum fine was never levied. In fact, one of the biggest worries comes from the legal profession itself. More specifically the plethora of highly litigious compensation claims firms, which have grown in number in recent years.

These organisations are currently busy pursuing PPI claims; but this source of revenue will soon end.

GDPR states that any person who has suffered damage from an infringement of the legislation should be entitled to compensation. When taken in the context of the number of individuals who can be involved in a single data breach and the ICO’s policy of naming and shaming businesses to whom compliance notices are issued, this looks like a match made in heaven for compensation claims firms.

And for those more reputable firms in the legal sector, who hold large volumes of sometimes sensitive personal data on their case management systems, this represents a significant risk

Cyber Extortion Another scenario being floated by the 'doommongers' is the possibility of cyber criminals deliberately attacking firms, stealing large volumes of personal data and holding them to ransom.

Firms that hold large volumes of personal and sensitive personal data, and rely on their market reputation to maintain and secure business, are

likely to be the targets. Criminals could prey on the likelihood that these firms would prefer to pay a ransom for the return of their data rather than risk the fines, reputation damage and class action law suits which could come their way should the data breach be disclosed. And that puts legal practices directly 'in the firing line'!

What about marketing?

A great deal of confusion remains around marketing activities under GDPR - due to a large extent from the misinformation spread by individuals who do not fully understand the regulations. In fact, GDPR does not make any changes to the regulations governing electronic marketing, although the lawful basis on which you may be able to market to individuals have been updated. The existing Privacy and Electronic Communications Regulations (PECR) continues to run alongside GDPR which, in brief, allows you to market to corporate subscribers without consent as long as they can opt out (although this does not apply to individual subscribers).

However, this could be all set to change in 2019 with the introduction of the new EU ePrivacy Regulation.

This is still being drafted so it is too early to speculate on the implications it will have for law firms’ marketing activity. However, there will no doubt be a need to review policies and procedures again once it is introduced.

Is there any good news?

If you have reached this point, you may be wondering why you decided to read this article? No doubt it just feels like more bad news. Well my view is that it represents a real opportunity. Let's move away from using the term 'GDPR' for a minute and focus on 'personal data security'. Public awareness of personal data security will continue to grow and, as more organisations fall foul of the new laws and the threats described in this article, the more businesses and individuals will select the firms they work with based on how they look after their clients' data. Much like has become the case in the wider business world with health and safety.

Firms that are proactive in protecting their clients' data should really shout about it, make it part of their marketing campaigns and their engagement process.

It is a fantastic way to differentiate themselves from their competition and to earn the ongoing trust of prospective and future clients.

In a likely future world of data protection paranoia, legal firms may well find that their compliance work moves from being a necessary administrative burden to a competitive advantage in an increasingly competitive market. And that is a good thing.

SURREY LAWYER 17

Conveyancing searches?

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YSL REPORTS

Photograph: YSL Careers Seminar with Chadwick Nott

YS L R

Young Surrey Lawyers Report

The first half of 2018 has been eventful for the Young Surrey Lawyers group. We are delighted to have recruited two new committee members – Beth Whaley, our new social secretary, and Joshua Day, our new communications officer, who will also take on the newly created role of ‘Equality and Diversity Officer’.

W

e also welcome back Kate Walsgrove who has re-joined us after a short break due to work commitments.

We are excited to have partnered up with Chadwick Nott this year to bring bigger and better events to a wider range of young lawyers in Surrey. We kicked off the events calendar with a Careers Seminar given by Chadwick Nott and hosted by TWM Solicitors in Guildford.

Penny Heighway and her colleagues gave a very useful presentation to our members, including how to secure NQ positions after the training contract, and help with deciding which area to qualify in to.

Our next event is on 12th July 2018 and is to be a barbecue (weather permitting!) kindly hosted by Morrisons in Redhill. Look out for further details very soon. In October, we will also be holding an event to welcome the new trainee intake.

If you are interested in receiving details of our future events, please contact us at youngsurreylawyers@hotmail.com.

SURREY LAWYER 19

REPORTS

Council Member’s Report – I hope all of you are making the best of the sunny weather we have been having.

Photograph: Sushila Abraham

J

ust some quick updates as to what has been happening at the Law Society. The Governance changes have been formally passed with the creation of the new board and two committees, the Membership Operations Committee (MOC) and the Policy and Regulatory Affairs Committee (PRAC) to support it.

At the last Council meeting, we received from the Main Board its first report, which was an update on the Law Society’s organisational performance, communications preliminary audit findings and the future agenda of the Board. I am a member of the MOC.

In July 2018, Christina Blacklaws takes office as President of the Law Society and she has presented her plan for her presidential year. She will be continuing to lead the ‘pride of the profession’ campaign, women in leadership in the law and a range of other activities. There has been considerable work on the future of legal services focussing on technological innovation towards change and a focus on the Law Society’s programme on mental health, wellbeing and resilience in the workplace.

The Law Society has now appointed a permanent CEO, Paul Tenant, who was the interim CEO for the last 18 months.

This was after a rigorous open selection process.

Our congratulations to Paul Tenant.

The Law Society has published a new joiner’s pack for all new members on admission to the Roll, including a welcome letter from the President with a copy of the Society’s Member Handbook. I hope all of you have enjoyed reading the new look Gazette.

The Law Society continues its lobbying on Brexit and there is continued engagement with the EU and other stakeholders.

The last Council meeting in March took place in Manchester and Council was able to engage with a wide range of legal stakeholders from the North West and also with students.

We had the Presidents and Secretaries Conference on 11th and 12th May 2018 and the event, which was very successful, sees Presidents and Secretaries from the local Law Societies in England and Wales come together. SLS was represented by our Honorary Secretary Kieran Bowie.

I would once again like to remind members that if they have not already registered themselves on My Law Society then they should do so as soon as possible. The Law Society will be putting more information on My Law Society rather then on its general home page.

As always, if you have any queries or issues which you would like to be taken up with TLS then please contact John or myself so that we can assist you. I would like to wish all of you a pleasant summer.

Sushila Abraham Council Member

20 SURREY LAWYER

REPORTS

Law Society Report As we head into the summer months, it is difficult to know where the first half of this year has gone – there has certainly been a lot to keep the profession and The Law Society busy – but days, weeks and months blur easily into one.

With that in mind, I wanted to use this opportunity to reflect on some of our policy successes in the first part of this year on your behalf and to let you know what the next six months have in store.

Photograph: Bhavni Fowler

The last 6-months

The next 6-months

1.Early advice campaign – We have been campaigning for legal aid to be re-introduced for early legal advice, particularly in family and housing law.

Earlier this year, we were pleased to receive Labour’s commitment to support early advice in family and housing cases.

2. HMCTS – We have contributed to a number of HMCTS working groups to ensure that the quality of justice and the importance of proper independent legal advice are at the forefront of discussions. As part of these discussions, we have been successful in holding back the Flexible Operating Hours pilot by continually raising our members concerns which need to be addressed before the pilot goes ahead.

3. AML Guidance – We secured approval from the Treasury for the legal sector’s AML guidance, which provides detailed guidance for our members on this very important topic. In addition, we launched new AML training, available via our Professional Development Centre.

4. Criminal Justice – We identified a looming crisis in the number of criminal duty solicitors across vast areas of England and Wales. We launched a campaign asking members to write to their MP to urge the government to act.

We also issued a judicial review to challenge the government’s decision to implement changes to the Litigators Graduated Fee Scheme (LGFS), which will be heard by the High Court on 17 and 18 July.

5. Standard of proof – We published a summary of responses following our discussion paper on the standard of proof applied by the Solicitors Disciplinary Tribunal (SDT). 93% of respondents were in favour of retaining the criminal standard of proof.

The SDT has confirmed that it will ask this year whether the bar for finding solicitors guilty of misconduct should be lowered and we will present our members’ views on this important issue when the SDT publishes its consultation.

6. Legal Ombudsman business plan and budget – The Legal Ombudsman (LeO) asked for comments on its proposed business plan and budget for 2018/19 and we responded noting that costs were budgeted to rise and that there was a back-log of cases. We asked to see more detail about how the Ombudsman will reduce the average cost of dealing with a complaint in their proposals.

Following the consultation period, LeO announced that in order to achieve a better balance between timeliness, quality and organisational capability, new KPIs would be introduced as part of the business plan.

1. SRA Handbook reform – The regulator has just announced the outcome of the SRA Handbook Phase 2 consultation (on the day of writing this article). We will evaluate the SRA’s decision and prepare a briefing to inform our members on the forthcoming changes and the support we will provide.

2. Solicitors Qualifying Examination (SQE) – SQE is a new system of centralised assessments for entering the profession, aimed at ensuring that all those entering the profession possess the requisite skills and knowledge.

The LSB has recently approved the SRA’s application on the framework of the SQE but noted that there are still areas that the SRA needs to address. One of these is around the equality, diversity and inclusion impact the changes may have. We will be closely monitoring the developments and will be producing guidance for our members and theirs firms on this topic.

3. Professional Indemnity Insurance (PII) – We have submitted our response to the SRA consultation 'Protecting the users of legal services: balancing cost and access to legal services'. The SRA is proposing far-reaching changes to the minimum terms and conditions (MTCs) for solicitors’ professional indemnity insurance (PII) and recommends cutting the minimum levels of insurance cover by substantial amounts.

As part of our proactive outreach in this area we will be: • Organising a series of roadshows in collaboration with Aon in the autumn • Running the annual PII survey • Updating our Purchasers guide and publishing a list of major brokers 4. Technology & Human Rights – We shall be continuing our programme of work looking at the implications for human rights of the use of technology, for example algorithms in criminal law.

Please do look out for developments and news about ways in which you can participate in the discussions.

As you can see, our policy agenda for the next six months is extremely full (and the list above doesn’t even mention ‘Brexit’ and all that will no doubt unravel in the coming months!).

If you would like further information on the information or 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

SLS Insight: Get to know your Committee Why did you join the SLS Committee?

K

Photograph: Nick Ball

This time, we get to know our Director and Honorary Treasurer, Nick Ball.

eith Howell-Jones played a big part in me joining the committee. Keith had been involved in the incorporation of the society in 2001 and served as its first President and then as its Honorary Treasurer.

I was relatively newly qualified at the time and he felt that being involved in the society would be good for my development. I was unsure at first but, after being co-opted on to the committee in 2012, I have never looked back.

What do you enjoy most about being on the Committee?

Being at the forefront of change and getting to know people from different sectors of the profession in Surrey.

What are you looking for in new Committee members?

People with interpersonal skills, who have the ability to work effectively as part of a team and who are enthusiastic and committed.

Tell us a little bit about the SLS Legal Awards and why people should nominate.

The SLS Legal Awards give the society the opportunity to formally recognise and celebrate the achievements of its members in Surrey. The society has nearly always held an annual dinner but, with the addition of the awards ceremony, it will make for a great evening this year. I would encourage firms, members and their guests to attend to support those who have been shortlisted and to use the opportunity to connect with new contacts.

When & why did you become interested in the law?

I was at college studying for my A-levels in 1999 and law was one of my subjects. I found it both interesting and intellectually challenging, so I decided to continue to read law at University.

What firm do you work at and what is your role there?

22 SURREY LAWYER

What is the most enjoyable part of your role?

Helping clients achieve their business goals, whether that be starting-up for the first time, selling to retire or anything in between.

What's been your most memorable career highlight to date?

Acting on the recent sale of a company, whom I first advised when I was relatively newly qualified. It is very rewarding when clients value what you do for them and continue to instruct you over the years.

What's been your hardest challenge career-wise?

Trying to balance family and professional life.

It's not easy, but I try to achieve a good balance.

What are the biggest challenges facing the legal profession in the next 10 years?

New technological developments will continue to change the way that we work. I was reading in the Gazette only last month that an International law firm is now promoting ÂŁ5 'without a lawyer' contracts to streamline the approach to contracting and we are likely to see automation of various stages of the legal process in the future.

Whilst I understand that it is vital for law firms to have resources to deliver legal services in an efficient and profitable way, I do hope that we do not overlook the need for critical examination. Data is not valuable, unless it can be validated, interpreted and applied and such critical thinking skills are only possessed by human lawyers.

What's your favourite film?

A Man for All Seasons.

What did you want to be when you grew up?

A footballer If you were CEO of a company name one thing you would make compulsory in the office?

Company Commercial Solicitor at Howell Jones Solicitors, Kingston.

An aquarium. They are great for stress relief and can make a lasting impression on clients or customers.

What is a typical day for you at work?

Name the 3 celebrities you most admire:

No two days are ever the same for me. My company commercial work is wide ranging and is often fast paced with tight deadlines, especially when a deal needs to be done.

In no particular order: 1. David Beckham; 2. Barack Obama; and 3. Ed Sheeran

ARTICLE If you could have dinner with anyone from history, who would it be?

What do you think is the greatest invention of all time and why?

Henry VIII. The Tudor period of England's history fascinates me and I would like to know whether he would do anything differently.

Maybe not of all time but, of recent times, it has to be the iPhone - it's amazing how far technology has come and the things you can now do at the touch of a screen.

I would probably be lost without it.

What's a great book you've read recently?

When was the last time you cried?

What is your favourite day of the week and why?

13 February 2018, when my nan passed away after a short battle with cancer. She is dearly missed.

Nick Ball Director and Honorary Treasurer,

I have not had much time for reading Surrey Law Society; recently, other than to my son (21 months). Saturday is my favourite day because I get Company Commercial Solicitor at Howell Jones Solicitors He thinks Goodnight Baby Moon by to spend quality time with my family. We James Mitchem is great. often take our son to a country park to explore outdoors and finish up the day in a restaurant in Weybridge, where we live.

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 CEO, Helen Opie, 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.

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 Helen Opie at helen.opie@surreylawsociety.org.uk or complete the application form below.

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 Helen Opie, 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 helen.opie@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:

Please Print name:

Board & Sub Committee

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

Sub Committee Only (Please state)

Email:

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

SURREY LAWYER 23

ARTICLE

WHO CHOOSES HOW YOU DIE? Figures from ‘The Dying Matters Coalition’ show that just 7% of people have written down their wishes or preferences about how they would want to be cared for at the end of their life, and just 25% have asked a family member about their end of life wishes.

Photograph: Madeleine Gooding

There are ways in which you can record your wishes about end of life care, and the steps you would want those around you to take, if you were unable to express your views and choices at the time.

24 SURREY LAWYER

LIVING WILLS The legal term for a living will is an ‘advance decision’. The purpose of an advance decision is to allow you to refuse the giving or continuing of life sustaining treatment, in the event you do not have the mental capacity to make that decision at the time.

It is important to note that the following decisions can not be made under a living will: • Refusal of care that would keep you comfortable (such as provision of warmth and shelter, hygiene measures and food and water by mouth); and • Illegal acts, such as assisted suicide For the healthcare professional, it removes liability for the consequences of withholding or withdrawing the specified treatment. It also removes the need for them to consider whether such treatment is in the person’s best interests.

LASTING POWERS OF ATTORNEY In addition to, or in place of a living will, you can put in place a Lasting Power of Attorney (LPA) in relation to your ‘Health and Welfare’. Health and Welfare LPAs are becoming more and more prevalent, with their absence being more restrictive than it once was.

If you appoint an attorney to make decisions about your health and welfare, they can make wide ranging decisions about your care, such as: • Making decisions about medical matters, such as consent to medical treatment and arrangements that need to be made; • Where you should live and with whom; • With whom you may have contact; • Your day-to-day care, including what to eat and what to wear; • The assessment of and provision for any community care service provided to you; • Accessing your personal information such as medical or legal records; • Whether you should take part in any social, leisure or educational activities; • Dealing with your personal paperwork and any correspondence received; • Complaints about your care or treatment.

There is also a separate section of the document in which you decide whether or not your attorney can make decisions about life-sustaining treatment. Life-sustaining treatment is any treatment that a doctor considers necessary to

sustain your life, such as a major surgical operation or an organ transplant. It can also include more day-to-day treatment, such as a course of antibiotics if you develop pneumonia, or artificial nutrition or hydration. The important factor is whether the treatment is necessary to keep you alive.

If the attorneys have this power, but feel unable to make that decision, they can pass the decision to a healthcare professional. If the attorneys do not have this power these decisions will be made by a healthcare professional, although in reality it is likely they would consult your next of kin.

Even with the power of attorney in place, it is still important to communicate your wishes to your attorneys, so that they are well equipped to exercise the responsibilities given to them. This can be a simple conversation, but it often gives more clarity to write these wishes down in a side letter to be kept with the power of attorney.

Although such a letter would not be legally binding, it arms your attorneys with your wishes. It can also give comfort to family members to know that they are following your wishes.

HOW THEY INTERACT If you have a living will and a health and welfare LPA, which takes priority in relation to life sustaining treatment will depend on the order in which they were executed. For example, if you execute a living will after your power of attorney, your attorneys will not be able to override the living will. Similarly, if you made a living will predating your power of attorney, your attorneys could override the living will.

In relation to Enduring Powers of Attorney (EPAs), the scope of these is limited to property and financial affairs, so a living will is not overridden by the decisions of an attorney acting under an EPA. A living will would also override the decision of a court appointed deputy, regardless of when the deputy is appointed, and similarly it cannot be overruled by the Court of Protection.

With both living wills and health and welfare LPAs, it is important to keep these under review to ensure that your wishes and instructions are up to date and reflect your current circumstances. While you have mental capacity, you can change your instructions or revoke either document.

Madeleine Gooding

ARTICLE

LEAP conveyancing manager talks about the firm’s new Best Practice Standard accreditation scheme

We spoke with Craig Taylor, Conveyancing Manager of LEAP UK to ask him about the recently launched Best Practice Standard for conveyancing.

Photograph: Craig Taylor

What is the Best Practice Standard?

The Best Practice Standard has been set up to assist law firms to achieve and maintain the highest standards of conveyancing. As part of the standard a law firm has quarterly independent audits by a third party. This gives a detailed analysis of the firm’s processes and a full report is fed back to the firm, with a traffic light system reporting on areas such as client care, AML, risk and compliance.

Why the need for a quality standard?

Our clients told us there were faults in the existing offerings which were not enabling firms to improve their standards. Our customers asked us to provide an independently guaranteed mark of conveyancing quality. There was a requirement for a standard demonstrating the modern law firm’s use of cloud-based technology, improved compliance, enhanced risk reduction, and transparency. A main differentiator between the Best Practice Standard and other schemes is that the Best Practice Standard not only recognises the use of technology but is independently audited and not another tick-in-the box accreditation scheme filled in by the practice head of conveyancing. Clients love the audit process which reaffirms best practice.

Who is the standard for?

Initially the law firm will gain the most benefit. The intention is that in the future the standard will be a guide for other parties in their decision-making process when choosing a provider. In time we see consumers asking to use a conveyancer that holds the Best Practice Standard accreditation.

The Best Practice Standard helps a firm show that it adheres to a rigorous quality scheme which will give a user confidence when deciding which firm to engage. The standard ensures that the conveyancing process is efficient, speedy and transparent. As the scheme progresses it will become recognised by third party stakeholders including insurers and lenders.

How is the Best Practice Standard assessed?

The standard ensures that a firm’s conveyancing process is not only efficient but that technology is used throughout the process to manage and record every stage. This enables remote and independent audits to take place. This is a key attraction to law firms. We have engaged with the specialist legal auditors, Centre for Assessment, who provide five file audits per quarter to Best Practice firms. This ensures consistent and

compliant practices whilst giving peace of mind to the senior team. The audit identifies gaps where improvements can be made, and ensures that any other issues can be remedied promptly.

What are the benefits for conveyancers?

The benefits include regular audits, risk reduction and potential PII benefits. LEAP provides collateral to promote participation, including display certificates, reception window transfers, dated audit logos and a consumer landing page. As well as communicating to the consumer that a law firm is providing an excellent consumer experience, this material ensures that consumers are aware of the benefits of working with a Best Practice Standard firm.

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

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

Jayne Akitt, Office Manager, Hart Jackson & Sons of Ulverston in Cumbria, comments: “The LEAP Best Practice Standard is a clear demonstration of how the LEAP software can be used to achieve and maintain compliance and to deliver a first-class conveyancing service.

Alongside internal checks the Best Practice Standard will give us a ‘heads up’ on anything that may need addressing.”

About LEAP UK LEAP is the cloud legal software solution for small to mid-sized law firms wishing to become more efficient, more flexible and profitable. It allows everyone in a small law firm to work naturally using a single integrated system that enables them to do more work with the same number of people.

More than 1,700 legal practices across the UK and Ireland use LEAP cloud practice management software every day. It avoids the need to buy expensive servers that can soon become obsolete.

LEAP is focused on the design of the very best software to meet the needs of small to medium sized law firms, and it supports this commitment by investing more than £8m per year on innovation and design. www.leap.co.uk

SURREY LAWYER 25

WILLS AND PROBATE

Duke F

h.

Duke with Canine Carer Alice Leac

Duke is an energetic and intelligent Border Collie Cross who loves meeting new people, playing with his toys and going for interesting walks. He had a loving owner who was there to ensure all of these, and to provide all the love and attention he needed, but at 8 years old Duke’s world was turned upside down when his owner unexpectedly passed away.

26 SURREY LAWYER

ortunately, Duke’s owner had made provision for him with Dogs Trust, by registering for the Canine Care Card scheme. Dogs Trust had promised to take care of Duke should the worst happen, which is how he came into the care of Dogs Trust Manchester.

The Canine Care Card gives owners peace of mind, Dogs Trust will care for their beloved dog and find them a new home. Carol Margieson, Deputy Manager at Dogs Trust Manchester, said about Duke: “We can’t fill the space left by his devoted owner, only a new caring family can do that, but we’re making sure he is getting lots of TLC whilst he is with us. He will be a lovely addition to any family and we just hope he doesn’t have to wait too long for the comfy, cosy home with the loving new owners he deserves.”

One in every four of your clients has a canine companion. Naturally they’ll want to make provision for their faithful friend. And now you can help them at absolutely no cost by requesting a pack of Canine Care Card forms today. Your client simply returns a form to Dogs Trust and we issue them with a wallet-sized card, which acts in a similar way to an organ donor card and notifies people of their wishes for their dog.

Once their dog arrives at one of our rehoming centres, they will be examined by our expert vets and cared for by our dedicated, trained staff. We will endeavour to find them a new owner whose lifestyle and experience match their needs. If for any reason they cannot be rehomed, rest assured Dogs Trust never puts down a healthy dog, so we will look after them for the rest of their lives.

Request a Canine Care Card registration form now and help your client gain the peace of mind, knowing their dog will be cared for should anything happen to them. Please fill out the coupon, or alternatively call 020 7837 0006 or email ccc@dogstrust.org.uk and quote code 333777.

PROPERTY

“Scientia Potentia Est” (Knowledge Is Power!)

According to Robert Morgan, “Knowledge is power.

Information is power.

The secreting or hoarding of knowledge or information may be an act of tyranny camouflaged as humility.”

And one definition of tyranny is “cruel and oppressive government or rule”.

I

’ve always loved language, and the use of it but in the context of Morgan’s quote, I’m more interested in the hoarding of knowledge and the direction in which this will take our conveyancing industry.

The Government, in its Call For Evidence published in April, observes that the current home buying and selling process in England is not fit for purpose and has committed to reforming the procedure. But they acknowledge that there is no ‘Silver Bullet’ that solves all of the problems; instead, they seek incremental change. One area in which they want to see improvement is in relation to return timescales for a Local Authority Search (although, interestingly, they completely ignore all other forms of search that might take considerably longer – notably highways and utilities information; I’ll come back to these later).

We work with roughly 350 councils across the country and, without exception, they are all staffed by people that are simply trying to do the best that they can.

There is no question that some are grumpy and officious at times, but why wouldn’t they be? They are regularly and roundly criticised for failing to provide a service that is efficient and effective but when, for example, local and national elections are on, they are unilaterally ‘removed’ from their own departments to provide the extra bodies needed to manage those processes. They also take the brunt of complaints when someone in an ivory tower makes a decision to charge £100 for a copy of a Building Control Completion Certificate. For a stealth tax, look no further!

The Government, in its infinite wisdom, has decided to address the problem by writing to all councils to set an expectation that they respond to search requests within 10 working days whilst, simultaneously, launching the Local Land Charges Rules which will remove, from the councils, responsibility for curating the Local Land Charges Register. Now, this may not signal the end of the world, but consider this…..

The Land Registry is to become the new ‘home’ for Local Land Charges, but they won’t take the records in until they are ‘digitised’. We visit Kingston Council in our area where the Land Charges are still in an oldfashioned card index (which works very well).

Kingston is a million miles away from being digitised and the people that will be charged with bringing the records into a digitised form are the very same people that will probably be made redundant when that process is completed!

When I asked Land Registry who would answer questions on the subject of Land Charges, they replied by telling me that they would be directed to the Local Authority. Now, forgive my cynicism, but the

by Kevin Johnson Local Authority no longer holds the records and they will, more than likely, have made all of their experienced Land Charges officers redundant as a result of the Government’s decision to centralise the information!

The Planning Register, for now, remains the remit of the Council but Land Registry is also greedily eyeing that up too. Still, some consolation might be found in that Land Registry isn’t expecting to complete the migration of Land Charges information until 2030; we might all have retired by then (and it is, after all, a major Government IT project and we know how they often end!!).

For now though, planning is still in the bailiwick of the Local Authorities but, increasingly, they are outsourcing Building Control to the private sector.

The Council is still responsible for the Local Plan but highways are, more often than not, the remit of the County Council.

And if you want drainage and water information then you go to the water supplier….. not yet all in French, Spanish or Japanese control but watch this space!

For environmental information i.e. flood, ground stability, contaminated land etc. you would need to seek guidance from Landmark, Groundsure, Argyll, FCI, Terrafirma, Coal Authority, Mining Searches UK, Environment Agency… and others; for surrounding planning information it’s off to DevAssess and don’t get me started on where information about utilities, infrastructure and energy might come from.

My point is this; information in the conveyancing process is critical – without it you can’t possibly make a judgement as to the suitability of the purchase that you want to make. Government might want to improve search return timescales in the conveyancing process but needs to look far wider than at just overworked Local Authority departments. Ultimately, when it comes to ‘searches’, the best friend of Government, Estate Agents, conveyancing solicitors and the public is the personal search agent. We stitch it all together, join up the dots and provide the sage and timely advice that is required to allow for informed decision-making.

At a time when most search companies are consolidating around unhelpful centralised hubs and call centres, isn’t it gratifying that Index Property Information continues to fly the ‘Local Company, Local People, Local Searches’ flag. The only one-stop shop that you’ll ever need and we’re fully operational already…. by 2030 I want to be back on a yacht in the Pacific or the Caribbean! ■ For more information please contact me at 0203 044 2758 or on email at kevin.johnson@indexpi.co.uk

SURREY LAWYER 27

DISPUTE RESOLUTION

Don’t

switch off!

The recent decision of Shakir Ali & Shahida Aslam v Channel 5 Broadcast Limited [2018] EWHC 840 (Ch) includes two important issues regarding budgeting which are worth reviewing closely.

F

irstly, if a party fails to file a budget and is therefore limited to recover disbursements only, is there any incentive for the parties to engage in making Part 36 offers? Secondly if an order is made limiting costs to disbursements only, how does the order impact on ‘incurred’ costs which are not subject to any budget?.

As established in Mitchell v News Group Newspapers Limited [2013] if a party fails to file or serve a costs budget, Rule 3.14 applies and the defaulting party will be treated as having filed a budget comprising only the applicable court fees unless the court orders otherwise.

Acknowledging no doubt that there would be little incentive for parties to negotiate if Rule 3.14 was applied and the costs of one party were capped at disbursements only, Rule 36.23 was introduced into the Rules whereby the defaulting party is be able to recover 50% of the costs assessed together with any other recoverable costs, without reference to the limitation applied.

Clearly if for whatever reason you do fail to file and/or serve a budget, the first step must be to consider an application for relief from sanctions but even if you fail to obtain relief, Rule 36.23 can soften the blow if you succeed with a Part 36 offer.

Rule 36.23 is akin to a get out of jail free card if you have failed to file a budget and failed to obtain relief from sanctions. Yes, you may still only recover 50% of your costs but 50% is far better than court fees only and the Rule serves to keep alive the possibility of the parties desire to negotiate and/or making offers.

In the case of Ali, the Defendant Channel 5 Broadcast Limited failed to file or serve their budget and then compounded their woes by failing to make any application for relief from sanction or indeed file any evidence for the court to consider the relevant factors for the breach.

The parties however attempted to settle the matter as the case continued and although the case proceeded it was subsequently established that a Part 36 offer made by the Defendant’s had not been bettered and therefore the issue of costs was debated before the court.

In considering the issue of costs, the Defendant contended that the full costs sanction should not apply prior to the date on which the costs and case management hearing was due to take place. The Defendant contended that as such costs were ‘incurred’ costs and as a consequence are not subject to the budgeting process.

Mr. Justice Arnold was not persuaded; he states at paragraph 55 of his judgment “I do not accept this contention …the parties were directed to file costs budgets by 2 December 2016. The Claimants did so, but Channel 5 did not. Accordingly, at that point in time Channel 5 became subject to the sanction in rule 3.14 unless it obtained relief from that sanction … it would undermine the purpose of rule 3.14 to treat it as having no effect with regard to costs incurred between the date on which costs budgets should have been filed and the date on which the court approved such budgets. This is particularly so given that Channel 5 could have applied for relief from the sanction at that hearing but did not do so.”

And finally, Mr. Justice Arnold completed his judgment at paragraph 56 “Accordingly, I conclude that Channel 5 is only entitled to 50% of its assessed costs after 8 November 2017” that is, 21 days after Channel 5’s offer.

Paul T. Carter Costs Lawyer, Temple Costs Lawyers T: 020 8641 0729 E: info@templecostslawyers.com

28 SURREY LAWYER

PRINTING SERVICES

Bluedot Display...

Providing Print and printing services for Surrey, Hampshire and West Sussex fo Over 18 years.

We offer the full range of quality large format printing, banners and portable display stands.

We will help you find the best method of advertising your business through the medium of print and signage.

TESTIMONIALS

Whatever your requirements, we are here to listen to you and provide the right product for you with outstanding customer service. We take pride in being able to find a solution from the simplest print requirement, right through to managing complex display requirements, be that an exhibition stand or complete shop or office signage refit.

“I have been over to have a look and they are excellent. Thank you very much.” Roger, Charterhouse School 07/03/2018

Some of the favourable comments made by customers who have been happy with the products and services provided by Bluedot Display Ltd Starting with the most recent ones below…………

“Maps received, great job as usual.” Toni, Surrey County Council 07/03/2018 “Thank you for the excellent products you’ve supplied and for all your help.” Simon, Guildford Borough Council 26/02/2018

We offer a joined up print service to ensure consistency of print quality “Just a quick email to say the new signs look great! We are very happy and service across your business including posters, point of sale, with them.” Tatiana, Fairoak Estate 23/02/2018 exhibition stands, conference signage and banner stands – we will Tell us how we can help. You can get in touch by either calling on provide the complete print service to you at competitive prices.

01483 861168, emailing us on printing@bluedotdisplay.com. ■

ABOUT US

Bluedot Display Ltd has been established for over 18 years, having originally being based in Kingston.

In 2008 we moved to Godalming. Our staff of 5 have varied and complimentary skills and experience. We attempt to be accommodating, friendly, competent and helpful when dealing with every customer. Hopefully our testimonial page will provide some evidence that we have been successful in achieving our aims with some of our customers!

SERVICES Bluedot Display Ltd has been producing high quality products since 2000. With 3 large format printers (latex, solvent and inkjet), 2 laminators and a vinyl cutter, we are able to produce most items on site. We are a reliable, local supplier who is able to provide professional, affordable services and work to the most demanding time constraints.

In addition to meeting the needs of customers in Surrey, Hampshire and Sussex, we regularly supply conference materials and display stands across Europe and external and internal signage across the UK.

SURREY LAWYER 29

EMPLOYMENT

Catch-all solution to in-house staffing problems:

outsourcing!

Photograph: Julian Bryan

B

Every employer knows that, at some point in their life, employees will be absent and depart their place of work.

Such matters are not always possible to predict. That’s the main reason for the immense popularity of outsourced cashiering services as a more reliable alternative to in-house staff.

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usinesses have a real fight on their hands when they’re understaffed because it’s unfair to expect other people to share their absent colleagues’ additional workload. The same argument applies when staff are departing. It’s a similarly tough challenge allocating sufficient time to the recruitment process. On top of pre-existing responsibilities, adequate attention should be given to the advertising, shortlisting, interviewing, selection and initiation processes.

This is too tall an order for most companies.

The preferred way to man a business is outsourcing. With this type of set up, staffing is constant. Typically, firms will be allocated a named cashier. Just like anyone else in employment, there will be occasions when this cashier’s off work. Unlike a traditional set up, however, an assigned deputy will pick up the workload until the cashier’s return.

It’s seamless. No service interruption. Ever.

Here we’re going to address some of the causes of absent and departing cashiers to demonstrate exactly what employers can find themselves up against…

1. Cashier retiring?

The combination of an increased life expectancy and government-introduced austerity measures mean that the state pension retirement age is now 67. In theory, while this is good news for employers, who get to keep valued employees for longer, in reality it’s actually possible to retire on a state pension as soon as age 55. It’s new pension reforms that are enabling people to build up bigger pension pots thereby giving them greater freedom to retire early.

2. Cashier resigning?

Retirement aside, there are multiple other causes of employees to quit their jobs in order to progress their career elsewhere. Staff turnover is a real issue for today’s employers, and a talent management strategy and succession planning are essential elements of a senior leadership team’s toolkit.

3. Cashier on holiday?

Holiday entitlements are typically around the 25-day mark of paid annual leave each year, often escalating with length of service. While holidaying employees don’t cause a notable problem for much of the year, there are peak holiday periods when it does, school summer months and Christmas amongst them.

During these times, organisations are stripped right back to a core staffing structure. While staffing problems will be magnified in holiday season, all employers have to accept that staff members will request days off work in order to spend time with family and friends, most likely at the same time as other colleagues.

4. Cashier on sick leave?

One thing that simply can’t be planned is sickness.

Sometimes people do know in advance about scheduled operations or medical procedures that necessitate time off work. Largely not, though. The wide spectrum of illnesses has minor complaints and infections at one end to serious diseases and disorders at the other.

Current reports estimate sick leave costs UK employers £29 billion a year in lost productivity, a figure predicted to maintain an upward trend because of factors such as an ageing workforce and rising mental health problems.

5. Cashier on maternity leave?

Statutory maternity leave entitlements are up to 52 weeks, the first 26 weeks being ‘ordinary maternity leave’ and the last 26 weeks being ‘additional maternity leave’. There are also fathers’ rights to bear in mind with paternity and shared parental leave obligations. It’s 2 weeks’ leave for the former, and up to 52 weeks’ leave between mother and father for the latter.

6. Cashier going part time?

The need to switch from full to part time working can be driven by many things including family commitments and health concerns. For employers, job sharing isn’t always the most desirable solution. Recruiting two part timers can be more costly than one full timer. There may not be enough workload to warrant appointing a part timer and full timer simultaneously. It’s a dilemma and one that’s aggravated by complicated employment legislation.

I could go on and on… jury service, study leave, dependant leave, career breaks etc. The key message being the plethora of motives that exist, resulting in a deficient staffing structure and making it difficult to run a business efficiently.

What may be surprising to learn is that, although these are tricky to remedy with in-house solutions, they’re really easily solved with outsourced service support.

Outsourcing can be instructed in all manner of ways.

By and large, outsourcing is a permanent, full time arrangement. Less frequently, but no less effective, outsourcing is a temporary resource engineered ad hoc to help companies through what may be a slight rough patch or critical emergency situation.

Outsourcing providers operate in similar ways with subtle differences in cashier allocation, cashier-firm interaction, software utilised and so forth. As a Quill client, you have a named cashier and deputy for the duration of your cover period. Our cashiers use our own legal accounting software, Interactive, and its echits functionality is the tool that closely connects your firm with its Quill cashier.

The biggest claim any outsourcing supplier can make, Quill included, is that we’re always available. Even if any Quill cashiers retire, resign, go on holiday, get sick, take parental leave or switch to a part time contract, there’s zero impact on you, the end user of our outsourced cashiering service. That’s because your deputy will cover instead and / or you’ll simply be assigned another cashier for longer term agreements.

To you, this means no more short staffing worries. Instead you’ve got continuous cashier support, whatever your unique circumstances and however your requirements might alter over time.

To find out more on Quill’s Pinpoint outsourced legal cashiering service, visit www.quill.co.uk/quillit, email info@quill.co.uk or call 0161 236 2910. ■

By Julian Bryan Managing Director, Quill

FINANCE

Death and Taxes.

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

How right I was.

Receipts from IHT for 2017/18 alone are expected to come in at £5.3 billion, over 75% higher. It’s true that more people are dying than previously expected.

The ONS suggests that by 2022 the population above state pension age will be 1.2% lower than previously assumed.

T

of future performance.

3. Shares and share-related funds should be regarded as long term investments and should fit in with your Back in July 2013 the Nil Rate Band for an overall attitude to risk and your individual was £325,000. It still is. Surviving financial circumstances. spouses can now benefit from any unused Important information IHT threshold within the NRB and we have This article is for general information only the additional nil rate band for property and is not intended to be advice to any which increased to £125,000 last Friday. specific person. You are recommended to Broadly though the Government has a seek competent professional advice continued focus on tax avoidance and is before taking or refraining from taking any intent on increasing the amount of IHT action on the basis of the contents of this generated. publication. The FCA does not regulate tax There remains numerous ways to limit IHT advice so it is outside the investment such as spending everything, making protection rules of the Financial Services annual gifts to family or gifts out of and Markets Act and the Financial income. Outright gifts of capital can be Services Compensation Scheme. The made via trusts or directly to the recipients newsletter represents our understanding of but both involve the loss of access and law and HM Revenue & Customs practice control to the funds and not many of us as at 11th April 2018. can predict how much we can afford to This material is for the use of the intended give away. recipients only and may not be One solution is to make investments that reproduced, re-distributed or passed to qualify for Business Relief. Unlike gifts or any other person or publicised in whole or trust settlements BR investments fall in any part for any purpose. outside the estate after just two years The material is not intended for use despite the asset still being owned outside of the United Kingdom. The outright. As long as it is held for two years material is not directed at you if S4 it can be gifted at a later date with no IHT Financial Ltd is prohibited or restricted by consequences. A number also focus on any legislation or regulations within your capital preservation, aiming to deliver a jurisdiction. modest net annual return, protect against Issued in the UK by S4 Financial Limited inflation and preserve value. The proof is (reg. No. 05089919). Incorporated and in the pudding and in the case of one registered in England and Wales with such offering the investment objective has registered office at Unit A, Causeway been delivered every year since launch in Farm, Cricket Green, Hartley Wintney, 2007.

Hampshire, RG27 8PS. ■ Please Note 1. The value of tax reliefs depends on Nick Cole your individual circumstances. Tax Senior Consultant S4 Financial Limited laws can change. The Financial - 0127634932 – Conduct Authority does not regulate nick.cole@s4financial.co.uk tax advice.

2. The value of your investment and the income from it can go down as well as up and you may not get back the full amount you invested. Past performance is not a reliable indicator he more significant factors though are rising house prices, tighter Government policy and tougher HMRC enforcement.

SURREY LAWYER 31

SOFTWARE

LEAP launches launches major revision of Legal Aid software

Firm shows commitment to legal aid market with major software revamp LEAP, the world’s leading cloud software provider for small to mid-sized law firms, announces the launch of its new Legal Aid software. LEAP now provides a completely integrated Legal Aid software package including case management, time recording and billing solution. The firm provides a comprehensive solution for both Criminal and Civil matter types for Legal Aid work in England and Wales.

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LEAP works closely with the Legal Aid Agency, making regular enhancements to its software to ensure it is up to date with the latest requirements. Integrated submission for both Civil and Criminal work types via CWA (contract and work administration) ensures claims can be checked and submitted electronically in readiness for payment, ensuring faster payment. The system can reduce the time a firm spends on billing by up to 50% and the new software will assist firms with compliance and the Legal Aid auditing process.

Major feature of LEAP Legal Aid include: • Faster and more intuitive Time Recording function • Captures all information needed for invoicing, monthly billing to LAA • Support for multiple time entries • Fees and disbursements auto update fee structures • Fixed fees for Civil Legal Aid (Legal Help/Controlled Work) • Smarter bolt on payments (Mental Health and Immigration) • Simplified recording of FAS, CPGFS & PFLRS for Family and Care matters • Integrates with Crown Court Portal

Kirsteen Forisky, Legal Aid Manager at LEAP UK comments: “At a time when some legal software suppliers are paying Legal Aid lip service we at LEAP are bucking the trend by making a major investment into Legal Aid. We are proud that our software now makes it easier, quicker and more profitable for clients to undertake Legal Aid work. We recently had over 100 legal firms attend a webinar about the new version and the reaction was extremely positive..”

Ryan from Nelson Guest & Partner Solicitors comments: “We have used LEAP’s updated legal aid software to run our latest submission, and it was the most hassle-free submission we have ever done!”

Ryan Dormer from Nelson Guest & Partner Solicitors, comments: “As a Legal Aid firm, we were looking for a partner who could provide us with a system to make the life of caseworkers easier. LEAP does this.

The Legal Aid time recording is easy to use and billing is made easy to navigate. With the recent update to the system we received training which was very good and support was on hand if any issues arose.” ■

SOFTWARE

How secure is my site?

Now that General Data Protection Regulation (GDPR) has been put into place by the EU, how secure is your site?

F

irstly we have to look at several important factors to this for visitors to your website. This is all based around if your website is taking any data from the user.

The first factor is cookies. When a user visits a website it will create a cookie which is a short term memory item for the website. This enhances the users experience. This information might be about you, your preferences or your device. This information does not usually directly identify you, but it can give you a more personalised web experience. A good example is if you visit BBC website you will notice at the top it says about cookies, this means that by accepting this you are allowing them to take this information. So you will need to have some sort of cookie popup that allows this.

The second factor is Does my website have any forms? If the answer to that is yes, then you need to ensure your website is secure.

By having a form on your website you are taking personal data and this is likely to be stored into a database, if your website is using a popular content management system like Drupal, Wordpress, Umbraco (to name but a few) of course your site may be none of these but still have a database. When any personal data is stored on a website you must highlight to the user; what you are going to do with that data being supplied by them. This is best placed in a link that goes to a page on your Privacy Policy. If you want them to sign up to your newsletter then you need to give them this choice to.

Photograph: Alex Burrowsn

Once the form is submitted, what is happening to it and where is it being stored, the data needs to be stored securely, and you should only store information you actually require. This also includes any backups of the database you have.

The third factor is keeping your site up to date, a website is like a car going for its yearly MOT, if this isn’t done then it is likely to break down. By ensuring the website is kept up to date, you are ensuring these fixes stop hackers from getting your users data. If you don’t regularly keep the site updated then this can be exploited, and a hacker can use something like a SQL Injection which is running some code on your site remotely to access this data.

The fourth factor is secure hosting, many people think the £1.99 a month hosting is fine. But its not. If your site stores personal data, you need to ensure it has an SSL certificate or https shows in the address with a padlock. This is also very important for SEO as Google is now starting to ignore websites without this.

If a security breach occurs then that data can be exposed and it identifies that personal information which can have huge financial consequences. ■

Alex Burrows Technical Director Digidrop

SURREY LAWYER 33

SECTION BOOK REVIEW HEADER

DISCIPLINARY AND REGULATORY PROCEEDINGS Ninth Edition

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

ISBN: 978 1 78473 384 1 LexisNexis lexisnexis.co.uk

THE LAW RELATING TO PROFESSIONAL CONDUCT: THE DEFINITIVE TEXT – OUT NOW IN A NEW NINTH EDITION An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, ‘The Barrister’

T

he law relating to the regulation of professionals forms the subject matter of this book, which provides a detailed and carefully researched explanation of the regulatory framework which governs the conduct of professional activities.

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

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

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

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

Part 4 covers data protection and freedom of information.

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

34 SURREY LAWYER

For barristers and solicitors, the sections on financial services and legal services will prove the most interesting of the lot. Notable decisions on financial services, say the editors, are given special consideration. Also discussed is the conflicting case law in the sphere of solicitors’ regulation.

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

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

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

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

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

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