Surrey Lawyer Summer 2020

SurreyLawyer XXXXXXXXXXXX

THE OFFICIAL JOURNAL OF THE SURREY LAW SOCIETY | SUMMER 2020

Why put all your eggs in one basket?

The benefits of a diversified approach to investment – Iain Halket, HFS Milbourne

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

Contents 05 President’s Jottings

ADVERTISING & FEATURES EDITOR Karen Hall STUDIO MANAGER Lee Finney

07 CEO Report

ACCOUNTS DIRECTOR Joanne Casey

08 SLS Legal Awards

MEDIA No. 1710 PUBLISHED SUMMER 2020 © The Surrey Law Society Benham Publishing Ltd. LEGAL NOTICE © Benham Publishing.

None of the editorial or photographs may be reproduced without prior written permission from the publishers. Benham Publishing would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of Benham Publishing. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press. Benham Publishing cannot be held responsible for any inaccuracies in web or email links supplied to us.

Page 11 Page 20

11 #SolicitorSpirit 14 Reports 18 The impact of

DISCLAIMER The Surrey Law Society welcomes all persons eligible for membership regardless of sex, race, religion, age or sexual orientation.

All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between members 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.

10 News

Page 23

COVID-19 on legal recruitment

20 SLS Insight 23 No two the same

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

24 Why put all your

COVER INFORMATION Image by Pexels from Pixabay.

eggs in one basket?

Copy Deadlines

26 Will the Legal Sector

Autumn 16 September 2020 Winter 12 December 2020 Advertising Anyone wishing to advertise in The Surrey Lawyer please contact Karen Hall before the copy deadline. karen@benhampublishing.com 0151 236 4141 Editorial Anyone wishing to submit editorial for publication in The Surrey Lawyer please contact Helen Opie before the copy deadline. helen.opie@surreylawsociety.org.uk 0333 577 3830

come back with a bang?

27 The impact of Page 24

COVID-19 on the legal costs landscape

Follow us on social media @SurreyLawSoc @surreylawsociety https://www.linkedin.com/groups/8731473 SURREYLAWYER | 3

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Join us on:

10/07/20 17:15:39

President’s Jottings SUMMER 2020

I

t has been over 100 days since we were told to stay at home, to protect the NHS and save lives. Lockdown has altered all our lives in a fundamental way. It has challenged many of us in ways we never would have imagined and the Coronavirus (COVID-19) pandemic is impacting law firms in an exceptional way.

Clients across most sectors have been understandably nervous to spend, or have been putting plans on hold, but some areas have seen a boost in work. Some work areas, such as property transactions, ground to a halt during lockdown.

We know that some of our members are facing financial pressures during this time and we have looked to support you as best we can by providing guidance, webinars and resources to help you navigate the impact Coronavirus is having on you and your business.

During lockdown we have: ■ hosted a number of business continuity webinars on a range of topics, including cash flow management, cyber security and marketing; ■ hosted several interactive online forums focusing on particular areas of law enabling members to meet to discuss current issues and possible solutions. Forums covered private client work and property law and proved to be very popular; ■ focused on conveyancing and provided a series of webinars covering conveyancing issues; and ■ provided over 40 pieces of guidance and signposted information via the SLS website, social media and email updates.

All of the support has been provided free of charge to members and we hope that you have found it helpful. None of this would have been possible though without the hard work and dedication of the SLS team and the support of our patrons. I would like to personally thank Helen Opie, Kieran Bowe, Victoria Clarke and Mumtaz Hussain in particular for their help over the last few months.

Looking ahead as we ease our way out of lockdown, we will continue to provide members with guidance and information where we can and will look to resume some of the courses on our programme for 2020. We made the decision to postpone the SLS Awards until March 2021, but nominations are still open and it remains a great opportunity to showcase your talent in difficult times.

As well as chairing several of our webinars, I have attended a number of virtual meetings with the Law Society, the County Societies Group and others to share ideas and experiences and to better understand what is happening across the country.

Nick Ball, President There are signs that things are starting to improve, but there is still a long way to go before we are out of the woods with regard to the Coronavirus pandemic and we must not forget other issues that are also coming down the track, including Brexit, the closure of the Solicitors Indemnity Fund (SIF) and the Solicitors Qualifying Examination (SQE) to name just a few.

While there is some breathing space because the closure of SIF has been postponed for 12 months until 30 September 2021, the issue of being unable to obtain suitable insurance cover has not gone away and it remains to be seen whether that will change in a marketplace that has continued to harden during the Coronavirus pandemic. On the subject of SQE, I chaired a three hour online roundtable discussion with the Surrey Junior Lawyers Division, Julie Brannan, Director of Education and Training at the SRA, Benedict Fisher, Head of External Communications at the SRA, the University of Law and the University of Surrey Law School on 9th July 2020. The meeting was productive, with many questions asked of the SRA to get clarity on issues and to raise concerns that people have with the changes proposed by SQE, and I stressed to the SRA that it is important that it gets SQE right because it will impact our profession for generations to come. My thanks must go to Surrey Junior Lawyers Division and, in particular, Martin Whitehorn and Yasmin Curry, for all their hard work in organising the roundtable discussion. It is great to see that we have such an active branch of the JLD in Surrey that is doing good work supporting junior lawyers across the county.

Reflecting on the last few months, I am proud of what the SLS has achieved in very challenging and troubling times. The Coronavirus pandemic was not in any business plan for 2020 and we, like you, have had to adapt and we will continue to do so as an organisation to support you as best we can. If you have any feedback on the work that the SLS has been doing, it would be great to hear from you. If you would like to get involved in the work of the SLS, please do get in touch with Helen Opie because there has never been a more important time to help shape the future of the profession. With my very best wishes. ■

Nick Ball President

SURREYLAWYER | 5

OFFICERS

KEY OFFICERS

COMMITTEE MEMBERS

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

VICTORIA CLARKE (Immediate Past President) Watson Thomas Solicitors 16 Haydon Place, Guildford, Surrey, GU1 4LL Tel: 01483 320114 Email: vclarke@watson-thomas.co.uk

Vice President MADELEINE BERESFORD TWM Solicitors LLP 65 Woodbridge Road, Guildford, Surrey GU1 4RD Tel: 01483 752742 Email: madeleine.gooding@TWMSolicitors.com

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

Deputy Vice President MUMTAZ HUSSAIN M: 07983 488 351 mumtaz1uk@gmail.com Hon. Secretary KIERAN BOWE Russell-Cooke Solicitors Bishops Palace House, Kingston Bridge, Kingston upon Thames, Surrey, KT1 1QN DX 31546 Kingston upon Thames Tel: 020 8541 2041 Fax: 020 8541 2009 Email: kieran.bowe@russell-cooke.co.uk Hon. Treasurer VICTORIA CLARKE Watson Thomas Solicitors 16 Haydon Place, Guildford, Surrey, GU1 4LL Tel: 01483 320114 Email: vclarke@watson-thomas.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 Maralyn Hutchinson

KAREN GRIMM Morrisons Solicitors Prospero, 73 London Road, Redhill RH1 1LQ Tel: 01276 401 689 Email: karen.grimm@morrlaw.com

STRATEGIC PLANNING & FINANCE Kieran Bowe Nick Ball Victoria Clarke Madeleine Beresford James Scozzi

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

SOCIAL James Scozzi Gerard Sanders Victoria Clarke Nick Ball

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

SURREY JUNIOR LAWYERS DIVISION Yasmin Curry (Chair) Madeleine Beresford Beth Duffy Asta Asaka Amy Cooper Celine Winham Martin Whitehorn Kate Lewis Josh Day Email: surreyjuniorlawyersdivision@gmail.com LinkedIn: https://www.linkedin.com/company/ young-surrey-lawyers Instagram: jld_surrey Twitter: @YSL_Live

ALASTAIR LOGAN Pound House, Skiff Lane, Wisborough Green, West Sussex RH14 DAG Email: alastairdwlogan@btinternet.com

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 6 | SURREYLAWYER

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

INTRODUCTION

CEO Report SUMMER 2020

I

hope this issue finds you safe and well and that with the easing of lockdown restrictions, life is slowly starting to resemble something a little bit more normal; it has certainly been a period full of challenges.

Here at SLS HQ, we have been extremely busy, adapting to the current situation and striving to offer members the support they need during these difficult times. We have focussed our efforts on providing extensive online content in a variety of formats, and have been delighted with the excellent engagement we’ve received from members throughout lockdown. Since March, the Society has offered members the opportunity to participate in a range of initiatives including: ■ A Series of Business Continuity Webinars: covering topics such as Managing your Cashflow, Cyber Security, Marketing and Managing the End of Lockdown.

■ The Focus on Conveyancing Webinar Series: 4 webinars on key issues facing the Conveyancing sector, presented by Ian Quayle and sponsored by Stewart Title.

■ Online Forums: interactive meetings, specific to an area of law, where like-minded practitioners can discuss issues and challenges brought about by the COVID-19 pandemic.

We have also tried to keep members informed via our e-Bulletins and the News section of our website, and have actually posted over 40 updates on the impact of COVID-19, and the support available to solicitors, since lockdown began.

We are thrilled to have been able to keep in touch with members throughout this period, despite the inability to meet in person, and it has been lovely to engage with so many of you at our webinars and forums. We hope that you have found the initiatives valuable but, as with anything we do, please do feedback and let us know any other ways that you feel we could support you.

Moving forward, we have taken the decision to move our usual Training & Development Programme online as well, so that we can ensure members are able to access these courses, despite the inability to hold them in the usual manner. At the time of writing, we have run three excellent sessions, covering Inheritance Tax Planning, Residential Conveyancing, and New Build Issues for Conveyancers; plans are now underway to reschedule our postponed Spring courses, the Masterclass for COLPS, Checking Up on Your Boilerplates and Residential SDLT for Conveyancers, so watch this space.

We are also now starting to explore the possibility of resuming a selection of our courses and events in person, and are having extensive discussions with some of our usual venues about how this might happen safely. Please rest assured that we will be carrying out all the necessary risk assessments and putting strict safety measures in place, before we proceed on this basis; we will of course keep you posted over the coming months on how plans are progressing.

One event that unfortunately will not be happening in 2020 are our Annual SLS Legal Awards, which we have taken the decision to postpone until 4 March 2021. As our flagship event,

we wanted to feel confident that everyone could celebrate the achievements of their colleagues and peers in the usual style.

I would like to encourage all members to review the Award Categories below and consider nominating themselves or a colleague. Now more than ever, we need to recognise the fantastic work being carried out by the profession, particularly during these challenging times. Nominating couldn’t be easier, and you can find a nomination form for each category at www.surreylawsociety.org.uk/events/152.

■ Commercial / Corporate Lawyer of the Year ■ Family Lawyer of the Year ■ Litigation Lawyer of the Year ■ Private Client Lawyer of the Year ■ Property Lawyer of the Year ■ Paralegal of the Year ■ Rising Star of the Year ■ Support Team Member of the Year ■ Lawyer of the Year ■ Law Firm of the Year We will be working hard over the summer to plan our Autumn programme of courses and events, be it in person or online, and will keep you updated on plans via the website and e-Bulletins. I do hope that it isn’t too long before we can meet again and very much look forward to catching up with you in the not too distant future. In the meantime, I would like to thank our patrons for their continued support of the Society: – PAT R O N S –

www.hfsmilbourne.co.uk

www.dpssoftware.co.uk

www.findersinternational.co.uk

www.moneypenny.com

Without their generosity, we would be unable to provide much of the content and support that we have. Please do take a minute to visit their websites, to see if there is any way they might partner with you. Wishing you all a wonderful summer. ■

Helen Opie

Chief Executive & Magazine Editor T. 0333 5773830 E. helen.opie@surreylawsociety.org.uk @SurreyLawSoc @surreylawsociety

Helen Opie (Chief Executive at Surrey Law Society) LinkedIn SLS Group https://www.linkedin.com/groups/8731473 SURREYLAWYER | 7

EVENTS

SLS LEGAL AWARDS 2021 – Award Categories & Criteria –

NOMINATIONS ARE OPEN

and member firms and individuals are invited to make submissions in one of the following 10 categories before Friday 16th October 2020.

The nomination process couldn’t be simpler, visit https://www.surreylawsociety.org.uk/ events/152, click on the category you would like to enter, and download the nomination form to assist you in preparing your submission. Once you’ve completed the entry, use the handy criteria checklist at the end of the document to ensure you’ve covered everything and submit this with any supporting documentation you wish to send to helen.opie@surreylawsociety.org.uk.

1. Private Client Lawyer of the Year The judges will accept nominations based on one outstanding matter worked on during the last year or on the overall performance of the individual during that year. The nominee must be able to demonstrate that he/she has delivered exceptional client outcomes. Please explain the single greatest achievement of the past 12 months in one or more of the following: client service, innovation or exceptional client outcome/s.

2. Property Lawyer of the Year

3. Law Firm of the Year

We will accept entries from both commercial and residential property Lawyers and landlord and tenant specialists. The nominee must be able to demonstrate that he/she has delivered exceptional client outcomes. Please explain the single greatest achievement of the past 12 months in one or more of the following: client service, innovation or exceptional client outcome/s.

The firm must be able to show significant progress and development as a business within the last 12 months. Evidence of this can include details of growth, strategy, financial performance, employee development, training and diversity. The firm must also be able to demonstrate that it has a rounded approach to the delivery of legal services, and that it is working in the best interest of not only its clients but the profession overall.

4. Rising Star of the Year

5. Paralegal of the Year

The nominee needs to show a sizeable level of involvement within the profession and/or the area in which they practice and provide evidence of any significant obstacle/s they have overcome.

Evidence in relation to how and why the nominee has “risen” over the past 12 months is advised.

This award recognises the key role paralegals play in our justice system. The nominee will be an exceptional individual who consistently makes contributions to the legal profession whether in client care, business development, training or otherwise and who acts as an inspiration to other paralegals through their knowledge of the law, perseverance in cases, professional and personal development and superior skill set. The nominee must also demonstrate a commitment to continuing legal education.

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EVENTS

After careful consideration, and in light of the ongoing COVID-19 developments, we are postponing the 2020 SLS Legal Awards to Thursday 4th March 2021. Rescheduling our flagship event will enable us to provide the experience that our members, nominees, and patrons expect and deserve in a safe environment.

Nominations remain open and we would very much encourage all members to submit their entries before the deadline in October.

6. Support Team Member of the Year This year we are welcoming nominations from colleagues or clients for secretaries, cashiers and other support team members who support Surrey Law Society members. Nominees must demonstrate a special contribution to their organisation or to specific clients, showing dedication and commitment that goes ‘the extra mile’.

7. Lawyer of the Year The nominee must be a Lawyer who goes “above and beyond” in both his/ her colleagues’ eyes as well as those of the clients. This might be demonstrable in a specific case or work done in relation to a particular area of Law. The nominee may also have proposed and put in place a business solution that proved beneficial to the firm overall or to his/her client, or both. The nominee should also be able to show strong management and leadership skills.

8. Family Lawyer of the Year

9. Litigation Lawyer of the Year

The nominee must demonstrate excellence within the field of family law through their practice. The nominee must also show that they have provided an outstanding quality of legal service for their clients and demonstrated teamwork within their firm, with external lawyers and/or other professionals.

The judges will accept nominations based on one outstanding matter worked on during the last year or on the overall performance of the individual during that year from those who practice in any area of litigation on either the Claimant and/or Defendant side. The nominee must be able to demonstrate that he/she has delivered exceptional client outcomes. Please explain the single greatest achievement of the past 12 months in one or more of the following: client service, innovation or exceptional client outcome/s.

10. Commercial / Corporate Lawyer of the Year

Could it be you?

The nominee must be able to demonstrate that he/ she has delivered exceptional client outcomes.

Please explain the single greatest achievement of the past 12 months in one or more of the following: client service, innovation or exceptional client outcome/s. Nominees will be accepted from Lawyers working in corporate finance, private equity, banking, insolvency, Intellectual Property and other commercial disciplines.

Do you have what it takes to be our Lawyer or Law Firm of the Year? Will your firm, one of your colleagues or even you be one of our Award Winners?

GO TO SURREYLAWSOCIETY.ORG.UK FOR MORE INFORMATION

SURREYLAWYER | 9

NEWS

Charles Russell Speechlys in Guildford announces eight promotions Fiona Thompson

C

harles Russell Speechlys in Guildford has announced eight promotions, including three people to Legal Director and five to Senior Associate.

The three new Legal Directors, all promoted from Senior Associates, are Fiona Thompson (Construction), Gareth Walliss (Tax, Trusts & Succession) and Esther White (Pensions).

The five newly promoted Senior Associates are Edward Birrell (Private Wealth Disputes), Emily Chalkley (Employment, Pensions and Immigration), Hayley Lalsing (Private Property), Clare Devine (Smith) (Family) and Chi Mount (Construction).

Fiona Thompson – Construction Fiona, who has been practicing law for over 15 years, joined Charles Russell Speechlys in 2014 and specialises in noncontentious construction law. She has extensive experience acting for commercial clients developing property in the UK retail, office, hotel and housing sectors. Fiona advises on all aspects of development projects from procurement, financing, agreements for lease/purchase, building contracts, professional team appointments and all related security documents.

Gareth Walliss – Tax, Trusts & Succession Gareth, who has been practicing law for 11 years, joined the firm in 2011. He has broad experience in private client work and advises on succession planning for wealthy individuals, entrepreneurs and business owners. He also advises both UK and non-UK domiciled High Net Worth individuals on tax and trust matters and is often instructed by international banks, trust companies and large charitable organisations.

Gareth Walliss

Esther White – Pensions Esther, who has been with the firm since 2014 has over 15 years’ experience in pensions, advising companies and trustees on all aspects relating to pension law. This includes pension issues arising from corporate re-structuring, mergers and acquisitions and auto-enrolment.

Duncan Elson, Partner and Head of the Guildford office comments, “I am delighted that we are able to celebrate these talented individuals in their achievements. As a firm, we strive to provide the best possible service to our clients and these promotions recognise the commitment to that approach across all services that we provide.” ■

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Esther White

NEWS

Len Boreland

#SolicitorSpirit L

en Boreland from Julie West Solicitors overcomes the challenges of lockdown.

“We were at the point of exchange on the sale of a property with a large outstanding mortgage – which had been vacant for several months – when lockdown was announced. Our client was in a highly anxious state and I was working remotely, from home.

At this point the buyer’s solicitors effectively closed their offices, claiming that in doing so they were following the government advice. The situation appeared bleak. What was to be done?

I did not sit back and accept the situation. Instead, I was proactive and immediately discussed the problem with colleagues at our daily Zoom team meetings, contacted other solicitors to find out if and how they were continuing to work, researched the government and industry advice and located and

amended a Coronavirus Delay Clause to add to the contract. I also enlisted the assistance of the estate agent. Fully informed and armed I was able to propose solutions and persuade the buyer’s solicitor to agree to a simultaneous exchange of contracts and completion within a period of 2 weeks, thereby saving the client further delay, expense and worry. The result was one extremely satisfied client who was happy to spread the word about the excellent service he received: “Many thanks to all at Julie West, especially of course Len who has done a frankly amazing job in the circumstances!! Very happy with the job done and would happily recommend to anyone!”.

It’s great when a plan comes together.”

Have you overcome challenges during the COVID-19 pandemic to help your colleagues, clients or community? Share your story at #solicitorspirit ■ SURREYLAWYER | 11

NEWS

Congratulations to our new partners

Moore Barlow promotes five to partner Congratulations to our new partners

Rebecca Chaplin restructuring Rebecca ChaplinPartner ︱ Insolvency and Sarah French Partner ︱ Insolvency and restructuring

Sarah French Partner ︱ Family

Susannah Marsh Susannah MarshPartner ︱ Financial services litiga Partner ︱ Financial services litigation

Partner ︱ Family

Alex Milton Alex Milton

Partner ︱

Mala Sidebottom Tax and succession Malaplanning SidebottomPartner ︱ Clinical negligence

Partner ︱ Tax and succession planning

T

Partner ︱ Clinical negligence

op 100 UK law firm Moore Barlow today announced the appointment of five new partners, as well as the progression of several existing partners within the firm’s equity structure.

joined the firm in 2010 and completed her legal training with the firm. She has worked with a number of the firm’s lender clients for over 10 years.

■ Alex Milton (Private Client) Guildford London Lymington Richmond Southampton Woking The five-strong cohort of new partners include: Alex provides specialised advice on issues such as wills & codicils, inheritance tax planning, estate administration, Guildford London Lymington Richmond Southampton Woking ■ Rebecca Chaplin (Insolvency & Restructuring) powers of attorney and the establishment of trusts. Her Rebecca is a specialist insolvency and restructuring solicitor experience also includes the administration of estates with who advises on issues which may arise or have arisen in both assets around the globe, including Barbados, the USA, corporate and personal insolvency scenarios. She works France and Spain. with insolvency practitioners and other specialists within the insolvency and restructuring field as well as advising ■ Mala Sidebottom (Clinical Negligence) company directors, individuals and their families when they Mala specialises in helping clients who have suffered illness are facing or dealing with insolvency. and injury as a result of substandard medical care. She is a qualified medical doctor and has a particular interest in ■ Sarah French (Family) supporting clients with neurological and birth injury claims, Sarah works with individuals and couples who are facing and frequently acts for those who have sustained medical relationship breakdown, helping them resolve financial injuries to the kidney as well as in cases involving delay in matters and/or dealing with disputes concerning their treating infectious diseases or inadequate consent for surgery. children. She also advises on protecting family wealth, for example with pre-nuptial agreements and cohabitation Ed Whittington, managing partner of Moore Barlow, said: contracts. A large part of Sarah’s work is dispute resolution “Even amidst the challenges of COVID-19, it is extremely focussed, as she is a Law Society accredited family mediator gratifying to celebrate the hard work, dedication and and collaborative lawyer. She is a founding member of progression of many individuals within the Moore Barlow team. the innovative Hampshire Family Legal Solutions group This outstanding, all-female group of new equity partners – committed to resolving couples’ disputes collaboratively. along with those who are progressing within the partnership – represent truly worthy individuals which embody the future of ■ Susannah Marsh (Financial Services Litigation) our firm. Their progression, even in a time of great challenge, Susannah specialises in complex residential and commercial is testament to our commitment to promoting a culture that possession claims dealing with technical cases involving develops and recognises the significant contributions of our unfair relationship, secret commissions and bribery as well people to our overall success. More than half of our equity as professional negligence, property litigation to include title partners are female, putting us significantly ahead of the rectification and fraud disputes and debt recovery claims industry average. It is truly representative of our resolve to foster on behalf of major lenders, mortgage providers, property a culture of opportunity and progression for everyone.” ■ institutions, receivers and accountancy firms. Susannah first TOP TIER 2020

TOP TIER 2020

12 | SURREYLAWYER

NEWS

Charlotte Tillett

Gustaf Duhs

Stevens & Bolton provides pro bono support on creation of UK COVID-19 volunteer testing Network

S

tevens & Bolton has advised British entrepreneur Mike Fischer of Systems Biology Laboratory (SBL) and the co-founders of the COVID-19 Volunteer Testing Network, on the launch of a voluntary laboratory network to expand COVID-19 testing for GPs and other healthcare workers across the UK. This work was undertaken on a pro bono basis.

The network has been supported by a £1m investment by the Fischer family trust, to support laboratories unable to afford the consumables to deliver the critical testing. SBL already runs up to 500 tests a week for a number of GP surgeries in Oxfordshire and it is hoped by creating a network of volunteer laboratories across the UK, will play a vital role in supporting the national COVID-19 testing programme. The roll-out has already begun with laboratories signing up to this initiative and the project team are liaising with both Government and the NHS. The S&B team was led by head of life sciences Charlotte Tillett and head of regulatory Gustaf Duhs advised on the establishment and operation of the volunteer network.

Caroline Plumb, co-founder of the COVID-19 Volunteer Testing Network said: “Stevens & Bolton’s life sciences team is providing us with the perfect balance of pragmatism and great legal advice in an unusual and fast-moving situation. Their rapid support and turn-around has been essential to bringing the lab network onboard to enable this project, which is providing vital assistance to healthcare workers.”

Charlotte Tillett said: “We are delighted to support this great project and the important work they are doing towards increasing COVID-19 testing capacity across the UK.” The COVID-19 Volunteer Testing Network is being co-ordinated on an entirely voluntary basis. Further information can be found on their website: www.covid19-testing.org.

AN UPDATE: ■ Back in April (at the time of the above statement and at the start of the operation of the Volunteer Testing Network) around 500 tests were being carried out a day. The Volunteer Testing Network has since expanded greatly, and continues to grow rapidly – both in terms of the numbers of laboratories carrying out tests across the UK as well as the number of testing programmes that are being put in place in various sectors ■ The Volunteer Testing Network has been endorsed by the Government and from May 2020 has been funded by The Department of Health and Social Care ■ The Network remains part of the nationwide recovery plan, and continues to provide screening free of charge to the NHS – providing high quality testing with same day results to support healthcare workers on the frontline ■

Duncan Elson

Guildford-based Litigator recognised amongst the best Trust Litigators worldwide

D

uncan Elson, Partner and Head of the Guildford office at Charles Russell Speechlys has been named in Citywealth’s Top 100 trust litigators and polymaths 2020, a list which recognises the best litigators worldwide according to industry peers.

The list is a result of an extensive programme of peer recommendation and verification, conducted over several months. It consists of “litigators who have negotiated with the toughest opponents, through the hardest circumstances and with very little on their side but brains, lateral thinking and a will to win.”

Only 39 English lawyers are included in Citywealth’s 2020 list, placing Duncan Elson as amongst the most respected trust litigators practicing in the UK. He is described by a peer as a “rock solid defender in high profile disputes.”

Duncan Elson has a wealth of experience covering High Court Litigation, mediation and alternative dispute resolutions. His client base ranges from private individuals and landed estates to charitable and corporate entities. His work centres around trusts and estates (both contentious and as a professional trustee/executor and also as a Court appointed Administrator and Deputy) and family business restructuring and related shareholder issues. He also deals with contentious pension matters and professional negligence.

Commenting on his achievement, Duncan Elson said: “The Citywealth list is widely respected in our industry and it is a huge honour to be included. I am very proud of the contentious trust work carried out by the Charles Russell Speechlys’ team, in which we look to get the best possible outcomes for our clients. This external endorsement from peers is very much appreciated.” ■ SURREYLAWYER | 13

REPORTS

Surrey Junior Law Division Report

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urrey Junior Lawyers Division is helping junior lawyers in and around Surrey network with each other via Cocoa With The Committee and has been discussing how best to support junior lawyers as we travel around the country (virtually!) as part of Surrey JLD on Tour.

This summer we also wished a fond farewell to our Treasurer Madeleine Beresford, who was a pillar of strength in making Surrey Junior Lawyers Division the active organisation it is today.

Joshua Day, our Sponsorship Secretary and immediate past Chair, has kindly stepped into her shoes.

At the time of writing we first met with our sponsor Chadwick Nott’s Penny Heighway, which you can read more about in this issue of Surrey Lawyer. We also got together with Cheltenham and Gloucester JLD and Hertfordshire JLD to talk about the issues junior lawyers have been facing, what local groups have been doing to provide their members with information and support, along with what our groups could do to provide mutual support.

Want to become a member of Surrey JLD? Aspiring and junior lawyers in and around Surrey become members freely and automatically. To subscribe to our emails and get notified of our events simply send one to: surreyjuniorlawyersdivision@gmail.com.

We were pleased to speak with The Law Society’s Lawyers With Disabilities Division, where we discussed not only how our organisations are dealing with current challenges, but also the “Legally Disabled?” survey report, which we recommend you look up to learn more about the barriers faced by disabled people trying to enter the legal profession, along with resources and opportunities available for aspiring and junior lawyers with disabilities: www.legallydisabled.com/research-reports.

Many of our committee studied at The University of Law’s Guildford campus and it was enlightening to speak with the Careers team about the issues ULaw students and alumni are facing and what support the University is providing.

As well as travelling around the country from the comfort of our homes, we are excited to let you know we now have a website and would love to hear what you think about it: www.surreyjld.org.uk.

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As well as having you for Cocoa we are more than happy to correspond with you by email. Whether you are a junior lawyer on furlough and seeking clarity, the only trainee solicitor in your firm who wants to connect with others, a law student who wishes to learn more about the resources and mentoring opportunities out there for you, or just wish to learn more about Surrey JLD then do drop us a line. We’re here to help. ■

REPORTS

Council Members Report

By Sushila Abraham

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y the time you all read this we would have gone into the easing of lockdown, and how COVID-19 has changed the way we work and live!

I know that SLS have been working very hard to keep its constituents up to date on the COVID crisis; I am sure all of you will join me in congratulating the SLS Team. I would urge all of you to keep up to date by continuing to use the SLS and TLS websites as there are a lot of updates and links providing explanations, guidance and tools to enable you to negotiate the new landscape. This includes such assistance from the government as have been provided to firms.

We need to be assiduous in checking home workers’ health and welfare. The mental health of many has been affected during this crisis and I would urge all of you to check the mental welfare of all those who work for you. There is guidance given

by TLS regularly how to keep our staff and members of the public safe. There are many organisations that can offer help to those affected by this crisis especially mental health. I would mention LawCare in particular (support@lawcare.org.uk or www.surreylawsociety.org.uk/news_articles/www.lawcare. org.uk). There is also Guidance on the SLS and TLS websites on what has to be done if you are having a phased reopening of your offices to the public and how to protect yourselves and your staff too.

We are continuing to have Council meetings conducted remotely. Among the issues discussed is the cessation of the Solicitors Indemnity Fund (SIF). TLS is negotiating with the SRA to have the time extended. The SRA will be having a meeting in late June to decide whether they will agree to extend the

time. We are keeping a close watch on this. TLS is consulting members about a £3 million reduction in the Practicing Fee for 2020-21; this is a 10% decrease. There is an update on this from the President, Simon Davis.

TLS have done a huge amount of work in difficult circumstances to support solicitors and their firms, to advocate on behalf of the profession and to maintain services despite a fire at 114 Chancery Lane and the pandemic. TLS has fulfilled its public interest role too, financially supporting charities focused on access to justice and to help those of us who are suffering from the effects of the pandemic on our businesses. There will also be accreditation discounts for members doing conveyancing and crime as they are most affected.

It was agreed at Council that TLS will postpone the AGM to October due to COVID-19, so Simon Davis and the other Office Holders will continue for an extended term.

To conclude SLS has been able to continue doing what it does so well due to its membership and I would encourage all of you to become members of SLS so that it can continue to help all the firms at a local level.

As always, both Alastair and I as your Council Members are here to answer questions so please do not hesitate to email or call us. We can also help with the wealth of guidance from the most able staff at TLS. ■

SURREYLAWYER | 15

REPORTS

Coronavirus & Pro Bono Valerie Robertson

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ro bono services have been affected by the current Coronavirus (COVID-19) pandemic in an unprecedented way.

2020 Guildford Legal Walk The Guildford Legal Walk is a 10km sponsored walk through the Surrey countryside.

Charities have had to transition their staff to home working, as providing advice through face-to-face meetings is no longer possible.

This year our walkers raised funds to extend the services of South West London Law Centres’ Kingston branch throughout Surrey to become the Kingston and Surrey branch.

Emergency appeals have been made to make sure the advice sector remains viable, and the scale of demand has been overwhelming for many.

This will help hundreds of the poorest people in the County which is currently a legal aid “desert” for all areas of social welfare law with no legal aid for housing, community care, or any other social welfare areas of law.

National response to pro bono LawWorks has facilitated roundtable discussions to look at the national pro bono response.

For more information on the work of the roundtables, email James Sandbach at james.sandbach@lawworkds.org.uk.

To register for the walk, please visit: www.londonlegalsupporttrust.org.uk/our-events/walks-inthe-south-east-2020/guildford-legal-walk-2020.

Finding pro bono work as a law firm Your firm is encouraged to connect with networks that enable coordinated pro bono responses. This will reduce the rate of individual approaches and allow for multi-firm responses wherever possible.

All firms are invited to submit their details on www.surveymonkey.co.uk/r/probonotogether to keep up to date of initiatives, regional networks and more that may be relevant to your firm’s location(s) or areas of expertise.

Finding pro bono work for your firm’s trainee solicitors You’re most likely to learn of suitable opportunities through coordinated efforts across pro bono networks.

This might also allow you to share the cost of any external training and supervision that your trainees need in order to do specific pro bono work.

Virtual pro bono opportunities LawWorks is offering unique opportunities for lawyers (www.lawworks.org.uk/about-us/news/virtual-pro-bonovolunteering-opportunities-lawworks) who want to contribute to legal advice and support during the crisis.

You may also want to visit www.lawworks.org.uk/solicitorsand-volunteers/get-involved/pro-bono-opportunities on a regular basis to see what other pro bono opportunities are available.

Furloughed staff volunteering LawWorks has produced specific guidance on furloughed staff volunteering (www.lawworks.org.uk/solicitors-andvolunteers/resources/covid-19-legal-pro-bono-andvolunteering-while-furlough) and resources supporting clinics to go remote (www.lawworks.org.uk/solicitors-andvolunteers/resources/clinics-guidance-support-movingonlineremote-service).

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Save the date – UK Pro Bono Week 2020 Pro Bono Week will take place this year from 2 to 6 November 2020, offering an opportunity to recognise and support the voluntary contribution made by lawyers across the UK in giving free legal help to those in need.

In this year of unprecedented challenges, for both the voluntary and legal sectors, the role of pro bono legal assistance has never been more important. Celebrating 19 years of Pro bono Week, 2020 will therefore provide a timely occasion to highlight and explore the role of pro bono in light of the pandemic.

With the potential that social distancing will still be in place, a mixture of online and in-person events are being planned. Law firms, chambers, legal societies, charities, in-house lawyers, universities and law schools are encouraged to start planning how to use Pro Bono Week 2020, whether through private or public events, or through internal or wider communications.

For more information and support visit www.probonoweek.org. uk or contact contact@probonoweek.org.uk. #wedoprobono #probonoweek If you have any questions regarding pro bono work, please contact Valerie Robertson, Pro bono Policy Adviser on Valerie.Robertson@lawsociety.org.uk ■

100 DAYS IN

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aul Tennant, Chief Executive of the Law Society, reviews what the Society has done in numbers and achieved since the start of lockdown.

■ Published 104 pieces of content in our website ■ Engaged 210 members through our live webinars on legal aid, furlough and return to the office and a further 150 through our roundtables ■ Engaged almost 8,000 members through our surveys ■ Achieved more than 540,000 views of our website ■ Had a total of 4,005,272 impressions for COVID related tweets ■ Over 1,000 listens to our podcasts ■ Submitted 5 pieces of written evidence to parliamentary select committees and given oral evidence 3 times ■ Mentioned 13 times in the UK Parliament ■ Wrote 12 letters to UK ministers ■ Met with UK ministers 17 times ■ Donated £100,000 to legal advice charities ■ Responded to over 2,100 member queries ■ Sent over 100 COVID ‘return to the office’ posters packs to small firms as part of our return to the office toolkit ■ Achieved substantial press coverage: – Carried out 66 broadcast interviews – 143 articles in UK nationals – 517 in legal press – 282 in Law Society Gazette – 265 in regional press – 546 articles citing Simon Davis ■ Produced 86 daily and weekly COVID & legal services bulletins and sent them to the Top 300 firms As a result, we have secured positive developments for the profession: ■ Convinced the MoJ and the SRA to allow oaths relating to commercial transactions to be sworn via videolink (although appropriate record keeping will help if the oath’s validity is later challenged).

■ Persuaded the Land Registry to accept Mercury signatures, following our feedback on the difficulties of obtaining wet signatures in the current circumstances.

REPORTS

■ Ensured that the majority of trainees and students can still sit their exams, despite the SRA’s initial intention to suspend these.

■ Lobbied the Government to amend the proposed emergency Coronavirus legislation to allow hearings under the Extradition Act 2003 to take place temporarily via a live link, as well as ensuring the Government understood the need for a sunset clause in the legislation.

■ Secured amendments to the domestic abuse gateway to reduce the evidence requirements which helped victims of domestic abuse to get emergency injunctions during lockdown.

■ Negotiated with the National Police Chiefs Council a protocol on remote attendances at the police station which has been incorporated into PACE rules.

■ Contributed to the development of a risk assessment tool showing how individual courts are implementing PHE guidance ■ Secured a range of operational changes in the legal aid system to facilitate remote working ■ Economic crime levy consultation was deferred until July.

Along with other groups, we persuaded the Treasury, British Business Bank and HMRC to: ■ Defer the reporting deadline of the EU mandatory disclosure rules (DAC 6) by six months in order to provide taxpayers and intermediaries dealing with the impacts of COVID-19 additional time to ensure they can comply with their obligations.

■ Reduce its restrictive security criteria by not seeking guarantees for loans less than £250,000 and not taking security over an applicant’s primary residence for larger loans.

■ Create a specific loan scheme for firms with turnover exceeding £45 million that are unable to access the Bank of England’s loan scheme.

■ Extend the Job Retention Scheme, leading to the extension until October and the ability to have part-time furlough.

■ Provide an emergency support grant to the Law Centres Network, the Access to Justice Foundation and other frontline charities to continue their work through the COVID-19 crisis. ■

SURREYLAWYER | 17

ARTICLE

Penny Heighway

Surrey Junior Law Division discusses the impact of COVID-19 on legal recruitment with Chadwick Nott’s Penny Heighway Surrey JLD: How has the Coronavirus pandemic affected legal recruitment?

Penny: I think Chadwick Nott have remained busier than some other consultancies as we cover the whole country and specialise in locum and in-house work as well as traditional private practice permanent legal recruitment. However we have still seen a marked reduction in active roles where firms are looking to recruit and are willing to go through the whole process remotely. But we are now seeing more and more firms happy to progress with their recruitment in this way which is good news.

Surrey JLD: How is the job market looking?

Penny: Pre COVID, I was dealing with a situation where there were lots of jobs and not enough candidates, but this has now turned on its head. Over a very short time we saw a large reduction in the number of firms seriously looking to recruit and who were only proceeding with business critical roles. We are predicting a quieter than usual summer particularly for NQ roles, although we are hopeful that things will pick up in September, provided we continue as currently with lockdown easing. I must say, with many on furlough I am appreciating the opportunity to be able to speak to candidates more freely, rather than taking quick calls over a lunchbreak or after work! All of our teams are still working and the consultants in them are busy.

18 | SURREYLAWYER

Surrey JLD: Are there a larger number of candidates as a result of redundancies from COVID-19 or have people been seeking new opportunities?

Penny: There seems to be a real mix of different situations.

There are trainees, soon to be NQs, who are worried about having a job on qualification, more senior lawyers who are concerned about redundancies when they return to work from furlough leave and also those who have recently joined new firms and are worried they will be ‘last in, first out’. I have spoken with a lot of people who are not out of work yet but who are keen to get an idea of what the market is like “just in case”. There are also some unfortunately who have been made redundant.

Surrey JLD: What areas are doing well?

Penny: For us in the South East, the busiest areas are currently family, private client and employment. I have both candidates and roles in these areas at the moment. Experienced lawyers in these practice areas are now seeing they are at a premium and are seeking perhaps to be better remunerated in this more favourable market for them. The corporate and commercial market is interesting. Although the work in this area appears to be quieter within law firms, I think those teams were already very lean and firms do not want to lose good people who they have found hard to recruit for in the past. They can also possibly move around within the firm (for example moving into insolvency work), so firms are doing their best to keep a hold of them.

ARTICLE

Surrey JLD: What about NQ roles?

Penny: I have had some sad conversations with soon-to-be NQs. Some still don’t know when they will be able to qualify and many firms are not taking on the numbers of NQs that they would have done in previous years.

Surrey JLD mentioned the updates from the SRA regarding the process for qualification and furlough leave.

Penny: There are very few NQ positions across the country. I have seen a few roles coming in from smaller firms looking for a solicitor say with 1-2 years PQE who might well consider an NQ if they have good previous paralegal experience.

Usually at this time of year firms are asking their departments whether there will be a need for an NQ and then talking to their own trainees. Those firms would then be speaking to us and asking us to help with recruiting where they can’t fill the positions internally. This is not currently happening and is very likely not to happen this summer, certainly not on the scale we are used to.

I think that it is interesting that I have heard from many NQs that they would like to qualify into family and private client, whereas previously many would be saying commercial or corporate law.

All I would say to any NQ is that I have seen two recessions and we have come out the other side with a shortage of lawyers who are then highly sought after. If they can get through this then I am sure the same will happen – hang in there!

It maybe that to stay in work you might need to think slightly laterally at this time about practice areas, type of firm, going in-house, to a local authority, working on a fixed term contract or as a locum for a while. I would say, do not worry too much about what this will look like on your CV – we will all remember this as a tricky time and this can easily be explained later down the line.

Surrey JLD: How are interviews taking place? Are there multiple video calls with candidates?

Penny: This is changing all the time but people are getting the hang of video conferencing software, such as Zoom. Certain teams, even within firms may be more wary of it, but I have recently placed a candidate in a very client facing role who was offered a job after x2 interviews via Zoom and a virtual tour of the office!

Surrey JLD: Are candidates who have gained new roles still being taken on by the new firm?

Penny: I think that this is quite case specific. I have seen a couple of firms ask to push back start dates and also some lawyers want to start later as they have childcare issues etc.

Another firm has reduced working hours from full time to part time for the first 3 months. We have also spoken to candidates who have come to us looking for a new role as they have had firms ask them not to start having signed contracts. This is really painful for them but unfortunately is becoming more common.

Surrey JLD: Do you have any thoughts on how things might look in the future?

Penny: I think that many of the issues faced will depend on the clients of the firm. For example Commercial teams with an aviation client might well find instructions down but the employment team could be very busy drafting compromise agreements. There are also many positives coming from the crisis, for example firms more happy to allow their staff to work from home and some firms have noted that productivity has improved.

The landscape is going to certainly shift as a result of the current situation, we just have to be inventive and flexible to make the most of the opportunities which are there. ■

London Legal Support Trust

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urrey is recognised by the Law Society as a “desert” for legal aid in housing and many other areas of social welfare law. Only family law still has significant legal aid coverage in the County. So without free legal advice centres the poorest and disadvantaged people in the County have no access to legal advice when facing a crisis.

During the lockdown, the need for advice in employment, debt and benefits has risen dramatically. The Government has banned evictions until August but then the need for legal help with housing and homelessness will return far greater than before.

The County’s Citizens Advice service does sterling work in providing advice but there is a severe lack of specialist casework and representation for those most in need.

So South West London Law Centres is spreading its service out into Surrey from its Kingston office.

The first face-to-face legal advice service had been started in the Guildford Citizens Advice offices as a start but then it had to stop temporarily due to the pandemic. So currently advice from the advice surgery can be gained online at www.swllc.org/ Guildfordadviceclinic.php.

The funds to run the advice clinic come from fundraising events supported by lawyers from across the County. The next one is the Guildford Legal Walk on September 28th led by judges from Guildford County Court.

To join the walk visit the web page of the London Legal Support Trust who organise legal walks in London and the South East www.londonlegalsupporttrust.org.uk ■ SURREYLAWYER | 19

INSIGHT

SLS Insight – with Mumtaz Hussain What position do you hold within the SLS? I’m the Deputy Vice President.

Why did you join the SLS Committee?

I’ve lived in Surrey for most of my life, and I feel it’s crucial to give back to the community.

What do you enjoy most about being on the Committee?

Being able to represent the Surrey legal world, hear their concerns and to take whatever steps we as a committee can to help them thrive and succeed.

What are you looking for in new Committee Members?

People with the drive and passion to contribute to an organisation that benefits the Surrey legal community overall. It’s a voluntary role so it requires a commitment to really fully engage with the members.

Why would you encourage someone to join the SLS? It’s always easier and more effective to have your views heard and needs met when you’re joined with a collective. While a lone voice can be powerful, a membership of many can leverage their collective voices to really affect significant and meaningful change.

When & why did you become interested in the law?

I think I was a lawyer even before I formally started to study and train to become a lawyer. From a very young age I’ve been naturally inclined to ask questions and probe for answers, and I’m naturally drawn to balance, fairness and equity. I know being a practitioner isn’t always quite that straightforward, and the reality can be far more nuanced. However, having an eye on what is the most likely truth, from a place of integrity is how I approached things in my younger days, and remains my fundamental approach now.

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

I used to be a senior solicitor at The Parabis Group, and then started my own practice. When I closed that firm, I moved away from client facing work and across to the operational side of a law firm.

What is a typical day for you at work?

No two days are the same because part of my role involves client procurement, responding to requests for proposals, & preparing and delivering bids for work. Another part of my role is managing client accounts to ensure they are happy with the service and to see where we as a business can help them to thrive. It’s a far cry from the days of arriving at work with a new pile of files on my desk, waiting to be assessed – with hindsight that was the easy part of my career!

What is the most enjoyable part of your role?

I’m a very natural communicator (I used to be a radio presenter!) so a big part of my role is getting out and about, networking and meeting clients. At the moment, we’re in the middle of a global pandemic, so networking has moved online, and it’s 20 | SURREYLAWYER

actually more effective and efficient because I can meet with far more people that way than I can on a typical day of face to face meetings. Either way, whether face to face or virtually, nurturing client relationships comes very easily to me. I always say commercial relationships aren’t B2B or B2C – they are person to person. So if a C-Suite member of a client’s company likes their legal representative or ambassador, and you have a rapport with that client, the chances are you will not only retain them as a client, but they’re also likely to recommend you. So not only do I enjoy winning and retaining business, I also enjoy enhancing the firm’s reputation via authentic interactions to really nurture and grow those client accounts.

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

I think balancing my legal career as a busy senior solicitor and being an unexpectedly single mum of 2 children under the age of 5 has got to be one of the things I’m most proud of. That and running my own law firm are two of my career highlights.

What’s been the hardest challenge career-wise?

See above!! Also it’s been a challenge to learn a new career which is effectively what I did when I moved across to business development and client relationship management. It’s often a lot more challenging than running a caseload, although both roles have had their specific challenges.

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

I think firstly there are a number of huge economic challenges law firms are facing at the moment, as a result of the COVID-19 global pandemic. There have been law firm closures due to a quite literal end in fee income, an end to work in progress, and no new work to replace it. Recovery from this will take time and careful strategic planning to rebuild and become profitable again. Aside from that unexpected impact, there are ongoing challenges within the criminal legal system which is suffering immensely as a result of huge spending cuts, affecting access to justice, as well as solicitors and barristers working in that sector. I also think there are challenges faced by firms who are running their businesses based on a model that doesn’t factor in competition from ABS’s (Alternative Business Structures) and non regulated suppliers of legal services. Law firms have traditionally been shielded from competition by dint of their deemed exclusivity in provision of legal services, but that is coming to an end in many sectors and lawyers must adjust their business models accordingly to remain relevant and competitive.

ABOUT YOU What’s your favourite film?

Fifth Element, although I am a huge fan of the original Star Wars film, A New Hope. So probably a tie between the two.

What did you want to be when you grew up?

An astronaut.

INSIGHT

What would your autobiography be called?

“Why My Chappatis Aren’t Round – Allow Me to Explain”.

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

Racial Sensitivity and Awareness Training.

Name the 3 celebrities you most admire Amal Clooney; Michelle Obama; Malala Yusafzai.

What would you do if you were invisible for a day?

Curl up somewhere comfy with a never-ending mug of jasmine green tea, and read a really good book.

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

My amazing father who passed away in 2014, may he be resting in peace, although to be fair he’s probably got them all splitting

their sides with laughter wherever he is. He was a funny man, with an endless list of dad jokes, a relentless work ethic, and a heart of pure gold. I miss him terribly.

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

“12 Rules for Life – An Antidote to Chaos” by Jordan Peterson.

What is your favourite day of the week and why?

I’m one of those people who just rolls up her sleeves and goes with the flow, no matter what day it is, but I am partial to a nice, lazy Sunday because you can have a long lie-in, cook a decadent breakfast that merges into a fabulous lunch, and then have a nap and maybe go for a long walk.

When was the last time you cried?

About 3 questions ago, when I was reminiscing about my late father. ■

Moore Barlow launches New Top 100 firm represents regional powerhouse with unique specialisms and significant strength in private client, property and personal injury

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ew top 100 UK law firm Moore Barlow has launched, resulting from the successful merger between Moore Blatch and Barlow Robbins. The combination establishes a new regional powerhouse firm with a significant geographic footprint across the South East, serving clients across the UK and internationally.

In terms of clients, Moore Barlow is focused primarily on meeting the needs of owners and leaders of fast-moving organisations and businesses, private individuals & families, and people whose lives have been affected by serious accidents or negligence.

Each of these groups require relationship-oriented legal advisors who are dedicated to helping them find the best path for their circumstances, be that exciting new business opportunities or complex and challenging situations – a focus and approach which sets Moore Barlow apart in the marketplace.

The firm boasts some of the largest and most comprehensive teams of legal advisors in areas such as private client, personal injury, clinical negligence and property. In addition, Moore Barlow has a number of renowned specialisms which include Charities & Not-for-Profits, Agriculture & Rural Affairs, Land Development, and its nationally ranked Independent Schools practice.

Moore Barlow has a combined turnover of almost £40 million, putting it well within the roster of the UK’s top 100 law firms. The firm comprises 70 partners, 272 lawyers and legal professionals, and a total staff of nearly 500 across six UK offices (Guildford, London, Lymington, Richmond, Southampton, and Woking).

Ed Whittington, managing partner of Moore Barlow, said: “Bringing together two terrific firms into an even greater, more ambitious and more comprehensive offering for our clients and communities has been an exciting journey, despite the challenging times in which we are all operating. Moore Barlow is one of very few firms with the breadth, depth and resources to meet all the needs of our core client groups, and we firmly

Ed Whittington & Helen Goatley believe that our people-led approach will set us apart. We have purposefully created a meaningful governance structure and given many of our partners and employees important parts to play in driving the future of our firm.”

The new firm is structured around five key divisions: ■ Businesses & Organisations – led by Mark Lucas and Peter Jeffery ■ Property – led by Helen Archibald and Luc Algar ■ Personal Injury & Clinical Negligence – led by Trevor Sterling, Damian Horan and Anne Cassidy ■ Individuals & Family – led by Jan Galloway, Tim Adams and Joanna Farrands ■ Dispute Resolution – led by David Foster and Heather Dobson Helen Goatley, chairman of Moore Barlow, added: “As we have moved rapidly, along with the rest of the world, to remote working, we are more convinced than ever that we are stronger together. I have seen that strength already translate into tangible, valuable benefits for both our staff and for our clients. The very fact that we have managed to complete this merger, taking our people with us all the way in the midst of such challenging circumstances, is a testament to the enthusiasm, hard work and commitment of everyone in the Moore Barlow family. We look forward to a bright, ambitious future.” ■

SURREYLAWYER | 21

ARTICLE

Inheritance tax relief for emergency workers Kieran Bowe

Harriet Edwards

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ypically, many of us will have to pay up to 40% inheritance tax on what we leave behind when we are gone (our estate). For public policy reasons, however, some of our estates are exempt from inheritance tax (IHT).

responders. An ‘emergency responder’ includes anyone who provides medical, ambulance or paramedic services. It also includes someone who is employed to transport medical equipment or personnel.

For a long time now tax relief has been available for the estates of anyone who works in the armed forces and is “killed in active service”. Likewise for war veterans whose wartime injuries or illnesses contribute to their death many years later.

It has yet to be tested how far this goes, and whether ‘emergency responder’ also covers people who provide administrative and management support. This takes on a new importance given the Coronavirus outbreak. However, it seems likely that the relief should be available to the estates of (paid or voluntary) workers who give medical care and support to seriously ill people, if:

Nowadays there is also an exemption for emergency workers whose deaths are caused by an injury or illness resulting from their response to a ‘blue light’ situation. This covers members of the police, fire, ambulance or search and rescue services. Again this can apply to situations where that injury or illness does not immediately kill them but shortens their life expectancy.

Given the number of people risking their lives to help our country weather the storm of Coronavirus (COVID-19), many of us may be wondering how far this goes. Can this ‘blue light’ exemption help them too?

When does the ‘blue light’ exemption apply?

This IHT exemption is likely to be more relevant than ever.

The COVID-19 pandemic brings this relief into sharp focus, having already claimed (directly or indirectly) the lives of many emergency responders. The relief will provide some helpful support for their families and loved ones.

The detail of when this exemption applies is set out in legislation. It says the relief applies when a person dies from: ■ an injury sustained, accident occurring or disease contracted at a time when that person was responding to emergency circumstances in that person’s capacity as an emergency responder.

■ a disease contracted at some previous time, the death being due to, or hastened by, the aggravation of the disease during a period when that person was responding to emergency circumstances in that person’s capacity as an emergency responder.

What assets does the ‘blue light’ relief apply to?

The tax relief can apply to a wide range of estate matters, including a person’s: ■ personal assets (e.g. cash and possessions) ■ gifts to other people (sometimes you have to pay IHT on these) ■ asset transfers in to trusts (e.g. trusts set up for grandchildren) ■ jointly-held assets (e.g. a property held as joint tenants) ■ trust interests (e.g. if they had a lifetime interest in trust property) So who exactly are ‘emergency responders’?

The ‘blue light’ relief applies to the estates of emergency 22 | SURREYLAWYER

1. that work means they contract COVID-19 2. COVID-19 then causes their death or brings it about more quickly This may apply to many nurses. It is unclear whether this also extends to care or social workers (e.g. those working in a care home). However, other relief may be available instead. For example, if someone is employed to provide humanitarian assistance in response to a natural disaster. HMRC recognised many such cases in relation to the 2014 ebola outbreak in Africa.

In any event, we can expect to see a swell of public opinion and policy decisions in this area, as test cases are taken to HMRC and people ask for further clarification of the circumstances in which the relief will apply.

Things to think about While we wait in hope for a vaccine, it seems clear that the COVID-19 virus is not going away any time soon. We also do not know its full impact on the health of patients who make an apparent recovery. We are, however, beginning to learn about some of the life-long issues it can leave behind. For example, respiratory damage or dialysis needs. Therefore, the issue of whether this relief applies is likely to be a concern for many of us for years to come.

If you are: ■ an executor of an estate you might wish to get advice about whether this relief could apply to your estate ■ a beneficiary of an estate you might wish to get advice about varying your entitlement to ensure that the estate, or part, passes to beneficiaries who may benefit from the relief ■ someone who thinks they could be an ‘emergency responder’ you might wish to get advice about how to make sure that your family and friends can get the full benefit of this relief ■

ARTICLE

No two the same Louise Levene

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ith a rise in multi-family households, more complex family structures and an increase in assets held overseas as people increasingly live, work and invest outside of our borders, new complexities for private client practitioners have developed.

However, we haven’t got much better at making Wills. Statistics1 indicate that two thirds of British people still don’t have a valid Will, and that nearly 60% of parents don’t have a valid, up-todate Will in place. Private client practitioners are required to have a very broad skill set, and it can be comforting to know that, where needed, professional probate genealogists can step in.

No instructions On learning of the death, practitioners may have a problem right at the start: you have no instructions to act, no access to funds, and little or no information about possible next of kin entitled to take the estate on intestacy. Probate genealogists can help get the administration process moving.

Due diligence The subject of Wills can be thorny. The family is convinced that a Will was written naming them; or that a more recent Will exists than the one in the probate practitioner’s possession.

A thorough Will search, backed up by missing Will indemnity insurance, can help put the uncertainty to rest and allow the administration process to move on.

The beneficiaries The probate genealogist’s work of tracing missing beneficiaries utilises many research tools. It’s the training, credentials and research methodology that set a professional probate genealogist apart from ‘bedroom’ sleuths: ensuring that all parts of the family tree have been efficiently and carefully researched.

Furthermore, estate practitioners may be presented with misinformation from the family. While the family can’t always know about additional heirs, genealogists do find some beneficiaries are economical with the truth. Taking the word of the ‘sole heir’ at face value is a potentially costly risk but can be avoided by engaging a professional probate genealogist to independently verify the family tree.

Case Study: “No, there’s no one else…”

Finders International was recently involved in the case of a man with a £400,000 intestate estate. The man’s sister asserted she was the sole beneficiary. Finders verified the tree at the precautionary request of the legal practitioners administering the estate. Her nephew was located and was entitled to half the estate. She had, it appeared, neglected to mention him because

– how specialist services can help you clear estate administration hurdles she disapproved of his behaviour. The nephew received his rightful share of the inheritance, and the practitioners saved a great deal of trouble and expense from a potential later claim.

Finding assets It’s remarkably easy for a person to acquire assets overseas and can help us feel that we live in a truly globalized world.

It’s often when the person who owns these assets dies, that we tend to find out the world is not so globalized after all. A virtual security gate crashes down, and the estate representatives and legal practitioners advising them must deal with a string of unfamiliar requirements from a foreign-based asset-holding institution, that may create legal, financial or administrative complications. Outsourcing this work to an experienced professional firm of probate genealogists can take the speculation out of these unfamiliar processes and help with what can be lengthy and time-consuming work.

Case Study: made in the USA A lady died leaving what was once a straightforward, London-listed UK share portfolio. In recent years and with failing health, she stopped actively managing her portfolio.

After her death, her Executors found she had ‘accidentally’ acquired several high value shareholdings listed in the USA, through corporate acquisition and stock spin-offs. The legal practitioners advising the estate had little experience with this kind of work and brought Finders International in to complete the necessary steps. US estate tax clearance was procured due to the high value of the assets, and the shares transferred out of the Deceased lady’s name, using Medallion Guarantee stamps to satisfy the requirements of the transfer agents, and subsequently sold.

Outsourcing options There are many steps to the estate administration process and estates vary widely in their levels of complexity. While not every estate requires help, when there is step in the process that proves time-consuming or troublesome, it’s useful to know you can call on the wide-ranging resources of probate genealogists. ■

Louise Levene

International Asset Services Manager Finders International 1. www.royallondon.com/media/press-releases/2018/ december/perplexed-by-wills

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FEATURE

Why put all your eggs in one basket?

The benefits of a diversified approach to investment

Iain Halket

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hilst the risks associated with investing funds cannot be avoided, when managed collectively as part of a diversified portfolio, they can certainly be diluted,” says Iain Halket, Chair of the HFS Milbourne Investment Committee.

By investing in a wide range of funds across different asset classes and industry sectors, we can reduce the impact of market volatility and thereby limit the risk of capital loss, whilst generating more consistent returns over the medium to long term.

In addition to spreading and minimising risk, global diversification has other benefits such as offering a way to preserve capital in order to protect savings, which could be a priority for clients approaching retirement. Plus, not ‘putting all your eggs in one basket,’ means that there is scope to generate income from several sources.

Diversification works because assets, which may be any mix of shares, cash, property, commodities, bonds etc, can react differently to the same economic event.

Take for example, the current COVID crisis which has seen the UK market perform poorly versus other global markets.

Investors often prefer their ‘local’ market and therefore many UK managed funds tend to be overweight UK equities. But our view is that if better returns can be had by investing in the US or Asian markets why settle for overweight UK? A wider global diversification is key in our opinion.

If we look at the US Nasdaq, we can see that it is currently at an all-time high. However, during the severe market falls which took place between 19 Feb and 23 March 2020 the Nasdaq dropped by -18.66%; but since 23 March this market is currently +26.99% and +17.76%. on a year to date basis.

There is a logical explanation for this fluctuation in values. After an initial period of panic came the realisation that tech stocks such as Amazon, Netflix, Alphabet (Google) Microsoft etc were in even higher demand than usual.

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HFS Milbourne Strategic Portfolio Service 5 year performance.

Our recommended approach is certainly borne out by the results: HFS Milbourne’s managed Strategic Portfolio Service (SPS) 10, which consists primarily of global equities has given a return of +50.54% over the last 5 years whilst the FTSE100 is showing +15.86% as at 10 July 2020 Hold your nerve The basic rule of investing will always hold true. Keep your nerve and do not panic when markets fall as they will bounce back at some point.

We have seen this time and again following periods of severe volatility including the two Gulf Wars, the Credit Crunch and the Euro Crisis. And the data suggests that the same pattern is emerging with the COVID-19 pandemic: between 13 Feb – 23 March 2020 the FTSE100 fell by -32.41%; from 23 March to 1st June 2020 this market is up +22.09%.

Of course, we can expect to see continued market volatility before we return to the ‘new normal’, whatever shape that ends up taking. But you must be in the market to benefit from the likely spoils of the recovery.

FEATURE

It is encouraging to see the level of volatility in markets has come back down to more normal levels since the panic sell off in March. The VIX index is often described as the ‘fear’ index with elevated levels indicating excessive trading as investors escape markets and dash to cash.

A priority will be to revive the COVID stricken economy, to encourage people to spend more and to support the high street, with the resulting demand for goods and services encouraging a lift in employment levels. To that end, the Chancellor continued the theme of ‘splashing the cash’ in the summer statement, with additional measures including VAT cuts, stamp duty holidays, green investment and job creation schemes, aimed at stimulating the economy and protecting jobs and this has been widely applauded within the business community. Mr Sunak will surely be remembered as the most popular Chancellor in history!

Interest rates are the lowest they have been for three centuries and although there has also been speculation about the use of negative interest rates as a further stimulus, in my view this is highly unlikely to materialise. Such an approach, which would see customers charged for banking services, is unprofitable for banks and unpopular with clients. And what is more, as we have seen in parts of Europe and Japan, it is not an effective way to solve the problem.

The Vix index measures the expectation of stock market volatility over the next 30 days implied by the S&P 500 index options.

There was a disheartening article recently in the Wall Street Journal reporting on data from Fidelity which showed that nearly a third of investors aged 65+ sold ALL of their equity holdings between February and May, implying those that did have missed out on the equally sharp recovery as market strength continued in to June.

As it stands right now, global markets are recovering well on the back of sustained government fiscal stimulus; death rates from COVID 19 are falling and businesses are starting to reopen which will kickstart economic activity.

Looking ahead A burning question as the economy starts to recover relates to the government coffers and how the unprecedented level of spending will be paid for.

Although we are seeing record government borrowing in the UK (currently standing at £190bn and projected to rise to £350bn by the end of the year), the Chancellor will take some solace from the fact that the cost of that debt to the government is at an all-time low with, for example a 10 year Gilt now paying 0.2% (as opposed to 4% prior to 2008).

It will be interesting to see how the Chancellor tackles this thorny area, given the election promise of no tax rises. But then these are exceptional times which require exceptional solutions.

There is talk of a predicted V shaped recovery, with some commentators suggesting the economy will bounce back once lockdown measures start to ease, although we believe this will give way to a shallower rise in economic output as structural impairments from COVID-19 will weigh on potential growth.

It is worth mentioning commercial property here as this sector will be under pressure for some time to come as the effects of COVID related home working and social distancing take effect.

We picked up on a slowing of some areas of the commercial property sector in 2019 and very prudently, sold out of related funds mid-way through last year. This decision has had an incredibly positive impact on our overall performance which I am delighted to report.

Ethical investment Socially responsible or ethical investing has gained remarkable traction over recent years and in the post COVID era it is set to become even more popular.

As global governments and the public increase their focus on the need to protect the environment, accountability, corporate governance and socially responsible business activities, we are pleased to report that we are in the final stages of developing a new Socially Responsible Strategic Portfolio Service.

As the name suggests, this service will allow us to hand pick appropriate investment opportunities, in line with a client’s principles, be they ethical, moral, social or environmental and very much reflects a more socially aware mindset amongst our customers which we are very keen to support. Further details will follow in due course.

HFS Milbourne Financial Services is authorised and regulated by the Financial Conduct Authority (FCA) and specialises in wealth management, pensions, finance on divorce, mortgages, employee benefits and corporate financial planning.

For further information visit www.hfsmilbourne.co.uk or telephone 01483 468888. ■

Iain Halket

HFS Milbourne

The Government support will undoubtedly help ease the burden, but with the possibility of a second wave of COVID, combined with the end to the furlough scheme in October, there are some uncertain times ahead. And, of course, we can expect to see Brexit rear its head again before the end of the year, to add further to the unrest.

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ARTICLE

Will the Legal Sector come back with a bang?

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ith the end of the lockdown starting to come into view, it is sensible to wonder how the legal landscape will look as this post-lockdown world comes into focus. Will business levels return to normal? Will firms carry on as they did before? What opportunities will be presented?

Changing practice areas The below table shows how business levels have been affected

by COVID-19 across different practice areas.

any property that they own may have to be sold as part of the settlement, and the couple will look for new homes bringing more business to the conveyancing sector.

Another area that could benefit conveyancing is the boost in wills and probate work. By the end of May, COVID-19 had claimed more than 37,000 lives in the UK. This unfortunate loss of life means that there will be more cases that need to go through the probate process. As estates are distributed, assets, including homes, may need to be sold, again introducing more business to conveyancing departments.

Criminal law is another area of law that will require the services of a vast number of solicitors. Recent figures have shown that the lockdown could lead to a backlog of over 40,000 court cases in UK courts. Changes to the way cases are held, could lead to even more appeals further down the line, meaning there could be a surge in business for criminal firms.

More competition for jobs Staff that have been made redundant will all be fighting for jobs and if fears over furloughed staff being made redundant come to fruition, the market will become even more fierce.

But how will this look post lockdown? Will certain areas bounce back? Will new areas spring up? Let’s take a look at a few areas.

In the recession of 2008, nearly 27,000 companies became insolvent and it is predicted that we will be hit by an even worse recession over the coming months. As a company becomes insolvent and goes into administration, they will require an administrator, or they may be subject to a takeover or a merger.

These require specialist legal services and should the recession hit as hard as it did 12 years ago, many firms will be needed for this work.

This may also lead to an increase in employment work as more firms make redundancies and require solicitors to ensure they do so legally. As more companies introduce new ways of working, they may also require changes to employment contracts and new measures put in place, requiring the advice of an employment solicitor.

Now let’s look at conveyancing. This has been the worst affected area during the lockdown as moving to a new house became near enough impossible. But will this change once the lockdown is over? Early indicator show that the answer is yes. Conveyancers should prepare themselves for a surge in business as the lockdown ends, especially with the changes to Stamp Duty announced by the Chancellor in July.

This is likely to be affected by changes in two other practice areas. As families spend more time together, divorce rates will start to rise, as, unfortunately, will levels of domestic violence.

Though unfortunate for those involved, this brings a welcome boost to the legal industry. Those in family departments will see an increase in business, but as couples get divorced, 26 | SURREYLAWYER

Those practice areas experiencing a rise in business following the lockdown may need to hire more staff. Indeed, the outlook amongst those surveyed would suggest that things are looking up.

We asked how the respondents to our survey felt about the future of the legal industry. 40% of our respondents answered that they were optimistic. 46% were neutral, while only 14% were pessimistic about how things would go.

This would suggest that those optimistic about the future will be looking at growth, which should mean more job opportunities for those who have unfortunately become unemployed as a result of the pandemic.

As we move forward following the pandemic, however, we may experience new ways of working. Social distancing may become a necessity for a while until cases of COVID-19 are reduced to zero, even as people return to work. This won’t be possible if everybody returns to the office.

This is why many firms are turning to remote working.

To see more about how firms are starting to work remotely and more, read the full report, ‘How COVID-19 has affected the UK Legal Industry’ here: www.dpssoftware.co.uk/blog/how-hascovid-19-affected-the-legal-business/ ■

By DPS Software

ARTICLE

The impact of COVID-19 on the legal costs landscape

By Rebecca Humble

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he COVID-19 pandemic has presented a challenging time for many industries, but how has this impacted upon the legal profession, particularly in terms of maintaining cash flow during this period of uncertainty?

We have seen many firms embracing new practices and new technology to allow them to work from home and to deal with both online and paper-based workloads. This has brought about the benefit of flexibility for many costs practitioners, allowing legal practitioners to continue working with minimal downtime.

Detailed assessment hearings were surprisingly excluded from the Civil Court Listings Priority produced on 1 April 2020 by HM Courts & Tribunals Service. Costs recovery is essential to the success of any firm and so the Court’s introduction of remote costs hearings was a welcomed move.

Guidance on the conduct of Remote Hearings The Association of Costs Lawyers, with the support of the regional costs bench has hosted guidance on the Protocol for the Conduct of Remote Hearings issued by the Judiciary. This helpful guidance has been welcomed by the Masters at the Senior Courts Costs Office and refers to the emergency updates made to statute, specifically updates to the Civil Procedure Rules, which includes Practice Direction 51Y – ‘Video or Audio Hearings During Coronavirus Pandemic’ and Practice Direction 51ZA – ‘Extension of time limits and clarification of Practice Direction 51Y – Coronavirus’.

The guidance is intended to address not only detailed assessments but also oral review of provisional assessment hearings and those where the Court is invited to certify an amount payable from a child or protected party’s damages pursuant to CPR 46.4(4).

In terms of making requests for assessment and corresponding with the Courts, parties are advised to communicate by email only and, in the event of a hearing already being requested, to communicate with each other to agree a mode, platform and scope for the hearing. There are many platforms available for remote hearing, including the popular BT or Skype conference call, but any communication method may be considered and approved by the Court once a hearing date has been fixed.

Preliminary issues are to be identified and the Court will produce directions in instances when parties have failed to agree upon the factors mentioned above.

To reduce the level of physical papers being sent to the Court, it has become routine for the Court to direct the receiving party to file and serve documents electronically. These “e-bundles” contain “common documents” disclosable between the parties and should be filed 3 days before the hearing (or as otherwise ordered) and should comprise of a single PDF file, including an index and paginated page numbers.

Along with the e-bundle, the receiving party is to file the electronic Bill of Costs in an editable format, Points of Dispute and Replies and an “offers bundle” in single PDF files. Party details for invitation to the video hearing must also be included.

The receiving party is to email a link to the Court, leading to an online data room containing the e-bundle and other documents (the Court will provide the relevant email address for that purpose). This link is also to be provided to the paying party at the same time as filing at Court and the email will constitute effective service.

The ACL guidance advises that the contents of the e-bundle is to be agreed between the parties and should be organised so as to include; a. Any skeleton arguments; b. E xtracts of any authorities upon which either party wishes to rely; c. A core case documents to include: – i. Pre-action letter of claim and letter of response; ii. Statements of case (to include schedules and counter schedules of loss); iii. Court Orders; iv. Key disclosure; Continued on next page

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ARTICLE

Continued from previous page v. Witness statements (relevant to the main action, and not witness statements in support of any interlocutory applications); and vi. All disclosed experts’ reports (to include experts’ joint statements) arranged in chronological order. d. Precedent Q (if the case was subject to a Costs Management Order); e. The receiving party’s last approved Costs Budget; f. Any other document to be relied upon which is disclosable to the paying party; The above does not alter the documents which must be provided in support of the Bill of Costs as identified in CPR 47 PD 13.12. As such, the receiving party is required to make electronically available to the court, any document which it would have wished to present at a hearing attended in person.

For this purpose, I have adapted to preparing a second bundle containing all “non common” documents, for disclosure to the Costs Judge only. This bundle contains items such as counsel’s advice and any attendance or file notes to be relied upon. I also find it good practice, wherever possible, for documents to be prepared in the order in which they will likely be considered by the Court, on the assumption that the Points of Dispute will be taken in turn.

We have seen a shift from broad brush assessments, to a process which has now become very analytical, as a result of every piece of information being readily available. This approach reinforces the importance of file management, which cannot be understated for receiving parties wishing to maximise their costs recovery.

It is now commonplace for an assessment hearing to be adjourned every 2 hours or so, which makes the process more time consuming. For larger Bills which cannot be assessed within this timeframe, the Court will often deal with preliminary issues in the first instance and give directions for a further hearing, the hope being that once the preliminary issues are clarified, the parties will go on to reach an amicable agreement without further recourse to the Court.

The common consensus arising from the industry’s experiences of the new process, is the overriding objective to assist the Court and to make the process as seamless as possible. This approach can be adopted by foreseeing the possible issues to arise during the course of the assessment and having electronic documents readily available for inspection. For example, in instances where the Court deems it appropriate to disclose a particular document to the paying party, it would be necessary to utilise a conferencing platform which allows the sharing of documents, or alternatively for a third party to be available to immediately scan the documents over to the paying party’s representative.

Helpfully, the protocol confirms that the Court will retain responsibility for recording the hearing and will mark or amend their copy of the Bill of Costs during the course of the assessment in order to reflect the decisions made.

Given that until recently, remote hearings were unchartered territory, parties are asked to recognise that assessments may not commence at the allotted time and may take longer than allowed for in the time estimate.

The key to this is specific and succinct objections from paying parties in order to allow receiving parties to tailor the e-filing as appropriate and to make the whole process manageable. We are hopeful that the judiciary will provide further guidance as to the contents of Points of Dispute following the recent decision in Ainsworth v Stewarts Law LLP [2020] EWCA Civ 178, whereby the Court of Appeal upheld a decision to strike out part of the Points of Dispute due to lack of particularisation.

Extensions of time limits The key factor of the new Practice Direction 51ZA, is that the parties can now agree extensions of time for up to 56 days without the permission of the Court, a substantial increase upon the previously allowed 28 days. In addition, the Court will take into account the impact of the COVID-19 pandemic when considering applications for extensions of time for compliance with directions, adjournment of hearings, and applications for relief from sanctions.

As with the historical process, the fundamental way to assist the court remains incumbent upon good organisation and communication between the parties and with the Court.

The emergency procedures will be continually under review, but for now will cease to have effect on 30 October 2020.

The Reality and Practicalities of the Emergency Procedures The introduction of hearings via video conference is a necessary move to ensure that law firms are provided with essential cashflow. It could also be a step towards the possible future of litigation, but it is not without inconveniences. Both myself and fellow colleagues have experienced disruption during the course of video costs assessments, with issues such as echoing, delays or a drop in internet signal. This leads to the question of whether telephone hearings would be a more suitable platform until a universally tried and tested medium is introduced. The downside of telephone hearings is the obvious loss of facial reaction when parties are making submissions. However, this is not so much of an issue during costs hearings, which are mainly driven by written evidence rather than subject to evidence under oath.

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Rebecca Humble is a Senior Costs Lawyer at Elite Law Solicitors and can provide specialist advice in relation to all aspects of legal costs.

If you have any queries relating to any of the issues mentioned in this article, please get in touch with Rebecca by calling 0800 086 2929 or emailing info@elitelawsolicitors.co.uk. ■

TECHNOLOGY

Carole Marsden

Technology’s role in taming the Black Swan

What is a Black Swan?

Finance professor, writer and former Wall Street trader Nassim Nicholas Taleb, wrote about black swan events before the financial crash of 2008. He suggested such incidents have catastrophic consequences as they are so rare. Later, he went on to argue that failures can serve to strengthen systems against other future unpredictable events.

online quotation tool used by the firm’s team to provide a quote within a click of a button and our introducer tool, which enables a firm’s introducers to provide an instant quote in less than a minute. Our software helps solicitors convert more enquires, grow their business and set a precedent for excellent customer service from the outset. As you can imagine, this has been invaluable for our clients during this pandemic;

This Pandemic has certainly been a black swan, but can it strengthen the conveyancing sector?

“We use poweredbypie for ordering local regulated searches and also the company’s ‘quoting suite’ which is an intelligent solution allowing customers to obtain quotes for legal work through our website. In this way, technology has been an invaluable tool to keep lines of communication open during the Lockdown.” Faye Green, Partner, Head of Residential Property, QualitySolicitors Parkinson Wright – Evesham.

As a property search provider, in the weeks of March leading up to lockdown we were on target for a record month. However, lockdown effectively put the brakes on property market transactions. As well as the human cost of the pandemic, the disease has already had a significant impact on our economy.

However, our ability to harness technology gives us hope and a way forward for the future.

How did searches take place during lockdown?

Thanks to technology enabling remote working, some property transactions were able to progress during lockdown. Local Authorities and Water Authorities were quick to accommodate electronic ways of working and must be applauded for this.

For regulated searches Local Authorities were able to offer the provision for data access for searches mainly through email.

Out of the 354 Local Authorities in England and Wales, only a handful (6/7) were not able to provide information by email (physical visits were not an option as offices were closed). Being able to access Local Authority (and Water) searches digitally, has actually streamlined processes and helped to speed up the conveyancing chain. Moving forwards, we hope secure digital access to data will be one take away from the pandemic which is here to stay.

The positive news is that the property market is showing signs of improvement. We can confirm that daily volumes of our searches during June have grown consistently week-onweek. At the end of June 2020 our searches were up by 135% compared to May. This represents just over 50% of the volume of searches ordered for June last year.

How can law firms learn more?

We have developed a free ‘returning to work’ webinar which provides tips and information about how technology can be harnessed for remote working www.poweredbypie.co.uk/lp/ book-your-training.html. Our aim is to help legal professionals become more comfortable with tech and ensure it’s working for them.

By working together to harness technology for the best outcome for law firms, we can also take steps towards taming the Black Swan that is COVID-19. By strengthening systems, we can help protect against other future unpredictable events.

For further information please see www.poweredbypie.co.uk. ■

Carole Marsden

Chief Commercial Officer poweredbypie

What was poweredbypie’s technology role? poweredbypie’s technology is an enabler and has helped our legal conveyancing clients continue to work remotely in a number of ways. Most importantly it has helped provide much needed additional conveyancing leads from new customers by means of our all-encompassing quoting suite.

The quoting suite comprises of three elements, a website calculator which is integrated onto a law firm’s website, an SURREYLAWYER | 29

ARTICLE

Will Aid needs you!

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ill Aid is an annual campaign that is designed to reinforce the need for everyone to have a will drawn-up by a professional solicitor, while raising essential funds for the life-changing work of nine of the UK’s leading charities.

The campaign takes place every November when participating solicitors offer some of their time to write basic wills, waiving their usual fee. Instead of charging a fee, participating solicitors invite clients to make a voluntary donation to Will Aid, which is divided between the partner charities.

Will Aid was founded by solicitors having been inspired by Live Aid in 1988 and year on year, demand for Will Aid continues. Sadly, demand for the vital support the nine Will Aid partner charities provide to those in need here in the UK and around the world is also increasing. With thousands of enquiries Will Aid couldn’t fulfil last year alone, Will Aid is calling on more firms to take part and help raise more desperately needed donations.

Following the COVID-19 outbreak, in 2020 we are expecting unprecedented interest from potential will-makers as they have been prompted to get this vital paperwork in order to protect their loved ones.

The COVID-19 outbreak has also had an overwhelming impact on the finances of Will Aid’s nine partner charities, with events having to be cancelled and shops having to be closed. The devastating impact on funds available to these charities in turn affects their ability to support the vulnerable people and communities they work tirelessly to support.

To meet the demand of will-makers this year and to continue to raise vital funds for our partner charities, we need more solicitors to take part in this year’s campaign.

By volunteering your time and expertise to Will Aid, you can help change lives for the better, both here in the UK and around the world. The scheme needs more solicitors in the Surrey area to meet demand, so sign up today!

What’s in it for you?

Since 1988, Will Aid has enabled the legal profession to raise over £21 million for good causes and helped more than 300,000 people to make their wills. It has also helped raise millions in pledged legacies.

Nevertheless, Will Aid is not just about raising much needed funds but is also a fantastic opportunity for solicitors to give back to their community, as well as meeting new clients who 30 | SURREYLAWYER

may need additional work all while providing positive, local publicity for your firm.

Participating solicitors say that Will Aid has not only helped them with generating publicity, but it has also introduced them to valuable new clients. Playing a part in Will Aid is a great way to promote the legal profession, both locally and nationally, and we have a team of PR professionals involved behind the scenes to facilitate this.

Most of the solicitors who take part use our template press releases and expert contacts and guidance to celebrate their success in the media. Others use their connection with Will Aid on their publicity materials, emails and websites, helping the community identify them as generous, responsible companies.

Will Aid generates a lot of positive media attention – and that can only be good for business. Furthermore, when you register we provide you with a whole range of publicity material to help you with your PR. Sign up now!

Your firm could help Will Aid to meet the demand of willmakers and raise vital funds for our nine partner charities by signing up to our 2020 campaign.

The simple initiative is easy to sign up to and you can pledge as much or as little time as you want.

As part of the Will Aid programme the solicitors waive the fee for writing a basic will or pair of mirror wills and instead, clients are invited to make a voluntary donation to Will Aid. Any additional work to the will can be charged separately and is paid to the legal firm.

As the donations are made to Will Aid, there is no complicated paperwork or VAT for you to deal with.

To donate your time and skills to Will Aid, please sign up online today at www.willaid.org.uk/solicitors/register and the team will send you the information to participate in the scheme this November.

To find out more about Will Aid, go to www.willaid.org.uk. If you have any questions about the scheme or want to talk it through before signing up, please contact the publicity team on pr@willaid.org.uk. ■

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