Cambridgeshire Lawyer_Winter 2025

CAMBRIDGESHIRE LAWYER Stronger Together, Better Connected

Issue 110 Winter 2025

The Cambridgeshire Law Society Newsletter

2026 Legal Excellence Awards are now open!

INDIVIDUAL AWARDS

TEAM AWARDS

★ JUNIOR LAWYER OF THE YEAR

★ PROPERTY LAW TEAM

★ RISING STAR ( 3 -7PQE )

★ BUSINESS LAW TEAM

★ SENIOR LAWYER (8>PQE )

★ PRIVATE CLIENT SERVICES/

★ OUTSTANDING SUPPORT

FAMILY LAW TEAM

STAFF MEMBER

★ IN - HOUSE TEAM

★ OUTSTANDING ACHIEVEMENT

★ LITIGATION TEAM

FIRM AWARDS

★ INTELLECTUAL PROPERTY/

★ FIRM OF THE YEAR

★ CRIMINAL LAW TEAM

★ FIRM OF THE YEAR

★ EQUALITY, DIVERSITY & INCLUSION INITIATIVE

( <40 LAWYERS ) ( >41 LAWYERS )

IT LAW TEAM

★ COMMUNITY AWARD

Details on pages 15-17 Cambridgeshire Law Society, Chequers House, 77-81 Newmarket Road, Cambridge CB5 8EU. Telephone: 07846 093035 Email us: admin@cambslaw.com Tweet us: @cambslaw Join our LinkedIn group Cambridgeshire Law Society Facebook @cambslawsoc | Instagram @ cambslawsoc www.cambslawsoc.org.uk

CAMBRIDGESHIRE LAWYER

CONTENTS

The Cambridgeshire Law Society Newsletter

4 Information & Events

20 Movers and Shakers

5 President’s Page

22 Ms Julia Tosh v Mr Vivek Gupta [2025] EWHC 2025 (KB)

6 The view from Chancery Lane

23 Lady Simler appointed as President of the Expert Witness Institute

7 Getty Images v Stability AI - What the High Court decided and does it matter?

26 Budget 2025: What it means for legacies

8 Reflections on National Pro Bono Week and an interview with Sarah Calder

29 Cambridgeshire needs local philanthropy now more than ever

10 SQE: Understanding the step up from SQE1 to SQE2

30 Faces of expertise: Meet our two experts

11 Diversity Matters: Dear Sirs ditched!

31 Law Society agrees ECHR is no barrier to immigration reform

12 My journey so far… Richard Balchin

32 Alcohol misuse in safeguarding or workplace cases: How Certis BioLabs helps courts and employers see the full picture

13 2025 in Review 15 Legal Excellence Awards 2026

34 Book reviews

16 Legal Excellence Awards 2026 - Sponsors 17 Legal Excellence Awards 2026 - Rules & Process 18 Building on the Green Belt: The hidden panning risks facing East Anglia’s conveyancers

Published by: EAST PARK COMMUNICATIONS Ltd. Unit 27a, Price St. Business Centre, Price St, Birkenhead, Wirral, Merseyside CH41 4JQ Tel: 0151 651 2776 simon@eastparkcommunications.co.uk www.eastparkcommunications.co.uk

Advertising Simon Castell Managing Editor Kate Harris Administrator Penelope Harrington

36 Electronic wills: Opportunity or undue influence?

38 International Anti-Corruption Day: IBA highlights urgent global risks and the critical role of the legal profession

Design Phil Grindley, East Park Studio Accounts Tony Kay Published Winter 2025 © East Park Communications Ltd.

Legal Notice © East Park Communications Ltd. None of the editorial or photographs may be reproduced without prior written permission from the publishers. East Park Communications Ltd 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 East Park Communications Ltd. Correct at time of going to press.

www.cambslawsoc.org.uk | 3

INFORMATION & EVENTS OFFICERS

President James Allen Birketts Vice President Fiona McLeman FM Family Law Deputy Vice President Joanna Cotgrove Ashtons Legal Honorary Secretary Anna Mortenson, Nichino Europe Honorary Treasurer Gary Hanson

COMMITTEE MEMBERS

Barristers Rep Miriam Mallon Fenners Chambers University and Community Partnerships Officer John Wright Lawson West Corporate Sponsorship Officer Fiona McLeman FM Family Law Council Member Michael Frape Ashtons Legal CSR & Pro Bono Officer Alex Curnow Mills & Reeve Equality, Diversity & Inclusion Officer Scott Smith Thomson Webb & Corfield In House Lawyers Rep Guy Wheeler Cambridge University Press & Assessment Junior Lawyers Division Representative Ebony Flack Ward Gethin Archer LEA Officer Raina Victor Endomag L&D Officer Chris Hoole Appleyard Lees IP Patent Attorneys Rep Kealan Fallon Appleyard Lees IP

4 | www.cambslawsoc.org.uk

Peterborough Reps Mateusz Pysera & Nicolle Trust Greenwoods PR & Social Media Officer Josie Beal Birketts Publications Editor Kate Harris Birketts Social Events Officer Jonathan Dattani Ashtons Legal Sole Practitioners and Small Firms Rep Sophie Scotcher Myers Law Administrator Penelope Harrington

MEETINGS 2026

Tuesday 13 January Sub-Committee – Member Offer Wednesday 14 January Sub-Committee – Relationships Tuesday 20 January Sub-Committee – Communities Wednesday 21 January Sub-Committee – Communications All on Zoom 12.30pm-1.30pm

EVENTS 2026

Thursday 15 January 2026 L&D Webinar - How Lawyers are winning clients & developing their careers in 2026 using LinkedIn On Zoom 12.30-1.30pm Wednesday 28 January 2026 L&D Webinar - The work of the Land Registration Division On Zoom 12.30-1.30pm Friday 17 April 2026 Gala Dinner & Legal Excellence Awards Queens’ College, Cambridge CB3 9ET, 6.00pm – 1.00am

PRESIDENT’S PAGE James Allen President, Partner, Head of Cambridge Corporate Team, Birketts LLP

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s President of the Cambridgeshire Law Society, one of the greatest privileges of my role is witnessing, day after day, the remarkable work carried out across our legal community. From the smaller specialist firms to the larger regional practices, and seasoned specialists to newly qualified solicitors taking their first steps, our county is bursting with talent, dedication, and resilience. And it is this collective strength that we have the opportunity to recognise and celebrate at our upcoming Legal Excellence Awards Dinner this April.

Every year, our Awards offer a special moment in the life of our local profession. They are a chance to pause our busy schedules, step away from our case files and inboxes, and reflect on the individuals and teams who go above and beyond.

But the Awards can only achieve that celebration with your help. The heart of the evening depends on your nominations, your willingness to put forward a colleague, employee, teammate, or mentor whose contribution truly deserves to be acknowledged.

This year, I want to encourage every firm and organisation in Cambridgeshire, no matter the size, structure, or specialism, to take the time to nominate.

You might think the process is only for larger firms or for those who shout the loudest about their achievements. It isn’t. The Awards are designed to shine a light on excellence in all its forms, whether it comes from a quiet but steady commitment to clients, a team that has supported one another through challenging times, or an individual who brings innovation, kindness, or leadership to their workplace.

Why Nominations Matter

Many of us, especially in the legal world, are not naturally inclined to boast. We focus on doing the job well, keeping clients supported, and helping people

CELEBRATING EXCELLENCE: WHY NOW IS THE TIME TO NOMINATE YOUR COLLEAGUES FOR THE CAMBRIDGESHIRE LAW SOCIETY AWARDS navigate difficult moments in their lives or businesses. But recognition is not about self-promotion; it is about valuing the time, care, and skill that people put into their work.

Submitting a nomination is a simple but powerful gesture. It tells a colleague: I see what you bring to our team. I see the difference you make.

It boosts morale, strengthens workplace culture, and encourages others to strive for excellence too. It can be incredibly motivating for junior staff who might be in the early stages of building their confidence, and equally meaningful for long-standing employees whose loyalty has shaped the success of their organisations.

Many winners and nominees from previous years tell us that being recognised by their peers was one of the proudest moments of their career. Not because it was a trophy on the shelf, but because it reflected the respect and appreciation of the people they work alongside every day.

Celebrating All Corners of the Profession

One of the things I am especially proud of about the Cambridgeshire Law Society Awards is that they recognise the full breadth of our legal community.

This is not an evening reserved only for lawyers. It is also for the support staff who keep our firms running smoothly, the teams who collaborate under pressure, and the individuals whose contributions might not always capture headlines but are absolutely essential.

Whether your colleague is a legal secretary who is the backbone of your office, a conveyancer who has guided hundreds of families through buying their first home, a paralegal who always goes the extra mile, or a solicitor who has led a groundbreaking case, there is a category where they can shine.

A Moment to Unite and Celebrate

Our April Awards Dinner is more than just a ceremony, it is a wonderful opportunity to come together as a community. It is one of the few occasions in the year when we can gather in the same room, share stories, catch up with old colleagues, and enjoy a well-earned evening of celebration.

By putting forward nominations, you help ensure that our Awards Dinner reflects the very best of Cambridgeshire’s legal world, its professionalism, its compassion, its innovation, and its unwavering dedication to those it serves.

Take This Opportunity: Don’t Assume Someone Else Will Nominate One of the most common things we hear after the Awards is: “I wish I had nominated X as this category was perfect for them.”

Don’t let that be the case this year.

If someone comes to mind while reading this, take that as your sign to nominate them. Whether they are a rising star, a quiet achiever, or a longstanding cornerstone of your firm, their contribution is worth celebrating.

Let’s Make This Year’s Awards the Best Yet

I truly hope you will join us in recognising the remarkable individuals and teams who make Cambridgeshire’s legal community so strong. The Awards Dinner this April will be a memorable night, full of appreciation, pride, and inspiration.

By submitting a nomination, you play a direct role in showcasing the excellence our county has to offer. And I can assure you: your colleagues will never forget that you took the time to put their name forward.

Finally, I look forward to seeing as many of you as possible at the dinner on 17 April which this year is at Queen's College. www.cambslawsoc.org.uk | 5

THE VIEW FROM CHANCERY LANE Michael Frape

Law Society Council Member for Cambridgeshire and Peterborough, Chairman Ashtons Legal LLP

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ollowing hard on the heels of the Axiom Ince debacle comes the SSB debacle. Readers will recall the scathing terms of the independent report of Carson McDowell dated 24th October 2024. In summary, the Report held that: l the SRA did not act adequately, effectively and efficiently; l the SRA did not take all the steps it could or should have taken; and l its actions and omissions necessitate change in its procedures to mitigate the possibility of a similar situation arising again.

incompetently and they were badly managed leading to their eventual financial collapse leaving debts of £200 million. The debts are mainly in respect of litigation funding loans. The failings of SSB have caused emotional havoc and financial disaster for many of their clients, because they failed to insure them against adverse costs orders, which many clients simply cannot pay.

And the failings of the SRA meant that they failed to regulate SSB, which might have limited the consequences of SSB’s incompetent work.

This was a damning indictment of regulatory incompetence, which caused the LSB to publicly censure the SRA. It ordered enforcement action against the SRA to better identify risks to consumers, strengthen the regulation of client money and strengthen controls of firms which are solely owned/managed by an individual.

The LSB commissioned Carson McDowell LLP to undertake an independent review of the SRA’s regulation of SSB. Their report https:// legalservicesboard.org.uk/wp-content/ uploads/2025/10/SSB-report.pdf. In summary, the report concluded that the SRA did not take all reasonable steps to protect consumers, uphold professional standards or maintain public confidence in the legal profession.

Unsurprisingly, the SRA has accepted all the findings of the report and publicly apologised for its failings. Having lost its CEO, it is rather surprising that the SRA Chair Anna Bradley remains in post, and the failings of the SRA NEDs are plain for all to see.

The failings of the SRA in its regulatory functions have real-life business consequences for all firms. The SRA’s view has been that law firms cannot be trusted to hold client money and therefore an alternative system should be put in place. Although the abolition of client accounts has been averted for the time being, there is clearly a longerterm regulatory threat to their existence.

This is a matter of real concern to solicitors, since the abolition of client accounts would be an existential threat to many small firms and would reduce significantly the profitability of midsized firms. TLS will play a critical role on behalf of the profession advocating the better regulation of client accounts rather than their abolition.

SSB LAW

SSB Group Limited went into administration in January 2024.

SSB Law (its trading subsidiary) had specialised in suing on faulty installation of cavity wall insulation.

They did the work poorly or 6 | www.cambslawsoc.org.uk

TLS AND THE SRA

Although the SRA exercises regulatory functions over solicitors, TLS is the “approved regulator” of the SRA and therefore retains a statutory obligation under the Legal Services Act 2007 to ensure that the SRA is discharging its regulatory functions satisfactorily. This is known as its “assurance” function.

This is a strange concept, because TLS’s principal role is as the representative body for solicitors and the real oversight of the SRA is exercised by the LSB as the oversight body for all the approved regulators in the various arms of the legal profession.

This strange compromise creates real

issues and tensions in the oversight of the SRA by two entirely different bodies.

Where does TLS’s competence end and the LSB’s begin? TLS must not encroach on the LSB’s oversight role, but at the same time holds ultimate responsibility for the performance of the Regulatory Functions by the SRA. This quandary has led some commentators to advocate “independence” for TLS so we can criticise the SRA’s performance without fear of the SRA complaining that we are unlawfully intermeddling in their operations. This has happened previously. The alternative (and in my view better) is that there is nothing to be gained from independence other than the loss of TLS’s share of the practicing certificate fee income, which is a compulsory levy on the solicitors profession. I believe that if TLS was an independent members’ organisation and not the “approved regulator” of the SRA, the SRA would pay even less attention to our views than they do now. the present arrangements require the SRA to report their operational performance to TLS and answer questions on a biannual basis. TLS must then declare whether we are “assured”, “partly assured” or “not assured” that they are discharging their regulatory functions. If TLS was independent, membership of TLS would be entirely voluntary. In that case most believe that membership of TLS would fall dramatically and its income would also fall dramatically.

The relationship between the SRA and TLS may not be ideal, but the current arrangements ensure that the SRA are formally obliged to listen to our views even if they don’t want to. This gives the solicitors profession at least some formal influence over its regulator rather than principled isolation, with no direct influence over the SRA. That would, in my vie, be a worse outcome for solicitors and clients.

GETTY IMAGES v STABILITY AI WHAT THE HIGH COURT DECIDED AND DOES IT MATTER? 1

Maria-Christina Peyman Partner, Dispute Resolution / Intellectual Property Birketts LLP

The High Court’s ruling in Getty Images v Stability AI was supposed to mark a pivotal moment in the intersection of artificial intelligence and intellectual property law. The case promised to examine whether training AI models on copyright material constitutes infringement under UK law. It was anticipated that its outcome would have significant implications for rights holders, developers, and policymakers. The judgment resolved some issues but unfortunately it could not go as far as hoped; the legal framework for AI remains in flux.

BACKGROUND

Getty Images, a global leader in stock photography, alleged that Stability AI used “millions” of its copyright images to train ‘Stable Diffusion’, an image-generation tool, without authorisation. Getty’s claims included copyright infringement, database rights violations, and trade mark misuse, (as some AI-generated outputs displayed Getty’s watermark).

The fundamental question: does using copyrighted works for AI training amount to copying under UK law?

This case was closely watched as a test of how traditional copyright principles apply to cutting-edge technology and along the litigation path to trial there were some points which fundamentally altered what the Court was being asked to address at trial. Most notably, the claim of primary copyright infringement was withdrawn

by Getty. This was because the training process occurred outside the UK.

JUDGMENT

Of the remaining claims which went to trial, the claim for secondary copyright infringement was rejected. The Court acknowledged that model weights – the numerical parameters learned during training – are intangible ‘articles.’

However, it found no evidence of pixelperfect copies embedded within Stable Diffusion. This means that while the model may have learned from Getty’s images, it did not store or reproduce them in a way that constitutes direct copying under UK law.

The claim for trade mark infringement was, partially, upheld as some older outputs generated by the AI displayed Getty watermarks, leading to limited trade mark liability. This aspect of the ruling serves as a cautionary note for developers even if copyright claims fail; trade mark issues can still arise when outputs resemble branded content.

However, the impact for Stability AI in this instance was likely minimal.

WHERE ARE WE NOW?

As the claim for primary copyright infringement was dropped, the core issue of whether or not training AI using a third party’s content without consent is infringement remains one for a future judgment. In terms of practical impact this judgment is far from the final word.

Of the guidance one can take away: 1. Clarity that training on copyrighted works is not automatically infringement under UK law, though this could change if evidence of retention within the AI memory or replication emerges.

2. Territorial limits remain a major hurdle for enforcement, especially in a globalised AI ecosystem.

3. Trade mark claims may succeed where watermarks or other brand identifiers appear in outputs, creating a separate layer of risk for developers.

For now, developers should treat model weights as legally significant and implement safeguards. Rights holders, on the other hand, need robust evidence of copying to succeed in future claims. Meanwhile, legislators face mounting pressure to modernise copyright rules to address AI-specific challenges, such as large-scale data scraping and generative outputs.

CONCLUSION

Getty’s defeat on most claims might appear as a victory for AI developers; however, the reality is that the Court was not asked to decide on the question of primary copyright infringement. The Court did demonstrate a willingness to adapt existing law to new technologies, and future cases could swing differently if the training was within the UK, and/ or a claimant is able to present stronger evidence of memorization or replication.

A GLOBAL CONTRAST

The UK’s approach contrasts with some EU jurisdictions (though that may be due to the questions it was asked to address). For example, German courts have suggested that training on copyright protected material may itself constitute copying, even without direct reproduction. This divergence, potentially, signals a patchwork of global standards, complicating compliance for AI developers operating internationally. Companies may need to adopt region-specific strategies to navigate these legal uncertainties.

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[2025] EWHC 2863 (Ch)

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REFLECTIONS ON NATIONAL PRO BONO WEEK AND AN INTERVIEW WITH SARAH CALDER Alex Curnow

Risk & Compliance Solicitor Mills & Reeve LLP

Pro Bono Week was from 3 to 7 November this year. As we look back on a successful series of events and support across the nation, we spoke with Sarah, who established and ran the Anglia Ruskin University Law Clinic for more than seven years until this Autumn. Sarah has transformed the pro bono landscape in Cambridgeshire (and Essex!), building a thriving community of lawyers, students and clients. Here, she reflects on her journey, the clinic’s impact and the people who made it possible.

HOW DID YOUR JOURNEY LEAD TO CREATING THE ARU LAW CLINIC?

My route was far from linear. I started out in publishing with The Economist before converting to law and joining a City firm. After a stint in Brazil with my husband’s work, I returned to the UK with three children under five and the City law life wasn’t practical. My first real step into pro bono was setting up a law clinic for Harlow Citizens Advice.

I didn’t even know what a law clinic was at that point! That experience led to a role with LawWorks in which I supported local clinics, including ARU with their proposal to open. They asked if I would apply to run it when they decided to go ahead. That’s how it all began.

WHAT WERE THE BIGGEST CHALLENGES IN GETTING THE CLINIC OFF THE GROUND?

Trust. Starting from scratch, why would lawyers or referral agencies get involved? They didn’t know me and they didn’t know if the clinic would be any good. I spent months networking, attending events and even becoming a trustee for local organisations to build credibility. I also had to reassure lawyers that volunteering wouldn’t turn into an open-ended commitment. We kept it simple. One half-hour appointment with an attendance note after and that’s it. Once one person came on 8 | www.cambslawsoc.org.uk

board, it snowballed. (Clare Pilsworth of Tees Law was the first!)

One early challenge was Covid. We were the first law clinic to operate remotely by zoom within one week of lockdown starting in 2020.

HOW DOES THE CLINIC MAKE A DIFFERENCE AND WHAT ARE ITS LIMITS?

For clients, it is often the only resource available locally. Legal aid has all but disappeared for family law and the market has become dominated by large firms that feel out of reach for most people.

For students, the clinic is transformative.

They gain interviewing skills, exposure to real clients and confidence that they belong in the profession.

But the clinic cannot do everything.

It doesn’t have the means to provide ongoing support to clients. Immigration, housing and contentious probate are huge gaps we simply don’t have capacity for. That’s why pro bono work from firms remains so important.

WHAT ARE YOU MOST PROUD OF ABOUT YOUR WORK AT ARU?

Two real triumphs stand out.

The first are those student advisers who have gone on to become solicitors and are now returning as qualified advisers. That full circle moment gave me a real kick.

The other is a Hague Convention case.

A client had fled domestic abuse in Spain and returned to the UK with her children.

Her ex-partner started proceedings in the High Court accusing her of abduction. Two volunteer barristers went above and beyond even outside of the normal clinic appointments. They did loads of researching and drafting for her and involved students in the process. She won her case, which was life changing.

For the lawyers and students it was a reminder of why pro bono matters with real people and real impact.

WHY DO FIRMS SUPPORT PRO BONO WORK AT THE CLINIC?

Because it’s rewarding. Helping someone who otherwise wouldn’t have access to advice feels good. It’s great for staff well-being and morale. It also develops skills explaining complex issues simply, mentoring students and seeing the profession through fresh eyes. Many firms, like Penningtons and Birketts, have been hugely supportive. They recognise that pro bono is part of being a responsible, engaged profession.

DO YOU HAVE ANY MESSAGES FOR THE CAMBRIDGESHIRE LEGAL COMMUNITY?

I want to say a huge thank you. From a standing start, the support and welcome I’ve had from local lawyers has been incredible. You trusted me, and together we built something that’s helped thousands of people and given hundreds of students a leg up. I’ve felt part of the Cambridgeshire legal scene and that’s been special. My hope is that this tradition continues and I know the clinic is in exceptional hands with Callie Allison now taking the reins.

The law is a framework that protects everyone only insofar as people can access it. Sarah’s legacy is one example of what’s possible when lawyers give their time and expertise.

Here’s to keeping that spirit alive in Cambridgeshire and beyond.

Sarah Calder

SQE: UNDERSTANDING THE STEP UP FROM SQE1 TO SQE2 Olga Kyriakoudi Trainee Solicitor Greene & Greene

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he written assessments cover legal writing, legal drafting, legal research and case or matter analysis.

The oral assessments focus on client interviewing with an attendance note or legal analysis and advocacy. These sixteen assessments are completed over five days, with three days dedicated to written tasks and two half days assigned to the oral components.

This structure makes SQE2 markedly different from SQE1, which tests functioning legal knowledge through two closed book multiple choice examinations.

Understanding the practical demands of SQE2 is also essential.

The assessments require stamina, strict time management and the ability to shift quickly between tasks. One day a candidate may be drafting, the next conducting an interview or an advocacy exercise. Preparing for this level of intensity involves practising under timed conditions and becoming familiar with the format as well as the underlying law.

The timing of each sitting also affects how candidates pace their preparation, manage personal commitments and handle unexpected setbacks. The examination cycle follows a regular pattern. SQE1 runs twice a year in January and July, while SQE2 takes place in January, April, July and October.

This structure allows candidates to plan their progression strategically, whether sitting both stages for the first time or preparing for a resit. As SQE1 must be passed before attempting SQE2, January becomes especially important, with both assessments running at the same time and creating one of the busiest points in the SQE calendar.

Like SQE1, SQE2 is limited to three attempts within a six-year period beginning from a candidate’s first 10 | www.cambslawsoc.org.uk

Solicitor Qualifying Examination 2 (SQE2) is the second stage of the SQE qualification route. It examines a candidate’s practical legal skills through twelve written and four oral assessments across five practice areas: dispute resolution, criminal litigation, property practice, wills and estates, and business organisations, rules and procedures. sitting. If someone reaches the threeattempt limit without success, they must wait for the six-year window to expire before reapplying, with any previous passes not carried forward. This makes careful planning even more important for candidates progressing through both stages.

One notable benefit of the SQE route is that it no longer makes a traditional training contract a requirement for qualification. Instead, candidates complete Qualifying Work Experience (QWE), which can be gained in various settings such as working as a paralegal, at a voluntary or charitable organisation, or in a law centre.

Many candidates, including myself, complete QWE while preparing for the examinations. Although balancing both can be demanding, seeing the law I study applied in real cases has been invaluable. It has bridged the gap between theory and practice and strengthened my understanding of the SQE material.

ONE NOTABLE BENEFIT OF THE SQE ROUTE IS THAT IT NO LONGER MAKES A TRADITIONAL TRAINING CONTRACT A REQUIREMENT FOR QUALIFICATION. However, like many candidates navigating the SQE, I also experienced an unexpected setback. I fell ill with chicken pox shortly before the July 2025 sitting and was unable to take

my exams then. I had to make the difficult decision to postpone and I am now expected to sit SQE1 this coming January, before hopefully progressing to SQE2.

Although the disruption was frustrating, it taught me a great deal, from learning to stay resilient when everything feels out of control to completely rethinking the way I revise.

I moved away from endless re-reading and adopted active recall methods such as blurting and explaining topics aloud as if teaching a class. I worked on my weaker areas, rebuilt consistency and, most importantly, tried to remain positive even when that felt impossible.

This period also made me appreciate how strongly the mind leans towards negative bias, especially under stress.

Having some form of mindfulness became essential. For me, repeating small mantras was helpful. For others, grounding through the five senses, breathing exercises or taking a short walk may be more effective.

Whilst my own setback was unusual, it reminded me that challenges are common on the SQE journey. With 19% of candidates resitting in July 2025, it is clear that resits are a natural part of the process and the resilience shown by those candidates deserves real recognition.

As the next round of exams approaches, it is worth remembering that the SQE is not only a test of legal knowledge and practical skill but also of endurance, patience and adaptability. Progress is rarely linear and many candidates reach qualification through a path shaped by delays, resits or unexpected challenges.

What matters is continuing to move forward at a pace that is sustainable and right for the individual.

DIVERSITY MATTERS: DEAR SIRS DITCHED! Scott Smith EDI Officer Senior Associate, Thomson Webb & Corfield LLP

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he tradition of starting legal letters with “Dear Sirs” is something that trainees across the land soon learn when embarking on their career.

However, in a profession that’s more than 50% female, it’s a salutation that has become increasingly outdated. With this firmly on their mind, the Law Society has recently updated it guidance to suggest that continued use of Dear Sirs was at odds with the SRA principle to act in a way that encourages equality, diversity and inclusion in the profession.

Originating from a time when the profession was nearly exclusively male, the Law Society has branded the term “no longer accurate, representative or appropriate in today’s diverse

society, where we want to account for and represent the broad scope of recipients including women and individuals with other gender identities including non-binary”.

l Dear [department name].

The updated guidance suggests that solicitors avoid gendered terms entirely and suggests a number of alternatives: l Dear team l Dear [organisation] l Dear colleagues l Dear [role]. For example, "Dear managing partner" or "Dear head of HR" l Dear counsel l Dear [organisation name] [department name] team l To whom it may concern l Dear legal team

The guidance goes on to recommend using a person’s name where you know it and to avoid unnecessarily formal greetings which aren’t reflective of the modern day profession.

For example, "Dear HR team"

l Greetings

l Good morning or Good afternoon l Dear all

If you would like to be involved in future events with the Diversity Network or have an idea for next issue’s Diversity Matters, please reach out to Cambridgeshire Law Society’s EDI Officer, Scott Smith at scott.smith@twclaw.co.uk

CJLD UPDATE

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Ebony Flack Vice President of the CJLD Paralegal, Ward Gethin Archer Ltd

or the CJLD, autumn was a time to reflect on our achievements and give back to the community.

We have seen several of our Committee members qualify in the last few months, we raised funds for Cambridge City Foodbank and we have received national recognition for the hard work of our Committee and enthusiasm of our members alike, which make the CJLD the wonderful growing community it is today.

CJLD & CYPG Ball 2025

In September we hosted our most anticipated event of the year, the CJLD & CYPG Annual Charity Ball! The Ball

is always a huge success and this year was no different. With our ‘night at the Casino’ theme, we went ‘all-in’ with our glamorous outfits and ‘doubled down’ on fun! At the time of writing, we are still awaiting confirmation of the final figures raised for Cambridge City Foodbank and Addenbrooke’s Charitable Trust but don’t fold yet, details will be announced soon (final lame casino pun of the article, promise!).

National Junior Lawyers Division Gala on the Thames

In October, several of our Committee members took to water to attend the National JLD’s inaugural Boat Gala and Awards night in London! This was a fabulous mini cruise on the Thames with great entertainment and ample opportunity to network with those on JLD Committees all over the country.

I hope it is the first of many. We

are immensely proud to have been nominated as Regional JLD of the year and had an absolute blast.

2026 Committee

We are in the process of reviewing applications received for the incoming 2026 Committee. Thank you to everyone that applied or shared the comms with the fabulous junior lawyers they work with, we are set for another strong Committee next year! I myself am delighted to have accepted the role of President for the upcoming year - this will mark my third year with the CJLD and I have every faith it will continue to grow.

Closing words

As always, we would like to say a huge thank you for the continued generosity and support of our sponsor, Errington Legal. If you’re looking to secure your next step in the New Year, get in touch at www.erringtonlegal.co.uk/ www.cambslawsoc.org.uk | 11

MY JOURNEY SO FAR… And then there were the lunches. Long lunches. Proper sitdown lunches - with wine - in the Bar Mess in Lewes before back to finish off a trial or play with HHJ Kennedy QC’s toy cars. It was not to last. 2000 came and the Millennium Bug struck. Overnight it seemed an era had moved on. Bricks gave way to Blackberries. Actual typists in chambers gave way to laptops. The long lunches gave way to petrol station sandwiches and packets of Quavers on the go. The ritual of afternoon Chambers Tea went into suspended animation.

Something fundamentally changed and something disappeared from my working life forever. Time.

Richard Balchin Barrister, Fenners Chambers

Thirty years doesn’t half fly. A year at the College of Law in Store Street juggling my CPE with evening work in a Highgate pub, another year at the Inns of Court School of Law juggling my Bar Vocational Course, the compulsory dinners and mooting at the Inner Temple with waitering in Bella Pasta, then pupillage in the Brighton chambers of the still great Robert Seabrook QC and finally tenancy.

L

ike many barristers of my vintage, I was expected by my clerks to chance my arm and walk the tightrope doing anything and everything that came my way.

Magistrates Court Lists eventually gave way to Crown Court trials. Small Claims gave way to Fast Tracks. Ex Parte Non Mols gave way to Care cases and life moved on.

LOOKING BACK, IT WAS NON-STOP, HIGH PACED AND UNBELIEVABLY RECKLESS… HAVING TO RACE ACROSS THE COUNTRYSIDE ON THE TRAIN OR IN MY LITTLE FIAT. BUT EVERYONE DID IT.

In many ways it feels like yesterday. In many ways it was a very different world.

The day job spent rushing between conferences in courts cells, chambers appointments and dashing up to London to pretend to know what I was doing before a High Court Master. The afternoons spent churning out advices to the Legal Aid Board, PI Quantums and CFA risk assessment forms. The daily visit to the pigeonholes to get the next day’s briefs tightly bound in pink tape and the longawaited cheque from one’s Instructing Solicitors.

Looking back, it was non-stop, high paced and unbelievably reckless, often with multiple cases a day and having to race across the countryside from court to court on the train or in my little Fiat. But everyone did it. Relying on paper diaries in the clerks’ room and brick telephones. The idea of not doing so would have been considered by peers, clerks and judges alike to have been nonsensically indolent.

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Back-to-back cases which seemed to magically come and go gave way to the one a day or the two or three a week. Whoever invented the need to spend precious days and nights drafting Position Statements and Skeletons the size of small books ruined not quite everything but an awful lot. From living on the fly to having to carefully prepare one’s cases days in advance sapped much of the fun and by-the-seat-of-one’s-pants excitement that had been. Old timers who had been the jocular and muscular stalwarts of the Robing Room began dropping off their perch. Some heading off to the bench and some heading off into their monocultural afterlife of quaint specialisation. Instead of doing everything we became pigeonholed and our talents, our experience, our lives crystallised into doing ever smaller specialist areas of law.

Six years ago, I began sitting - and rediscovered that Judges still had to juggle bankruptcy claims with insurance disputes with family cases.

The excitement of not knowing what I was going to be doing that day came back. Had it not, I’m not entirely sure how I would have continued at the Bar. Variety is, as they sometimes say, the spice of life. It also makes one a lot less boring. Or so I have been told. And then came along Arbitrations too.

So somewhat fortunately I now manage three working lives. Doing my bit for King & Country in the County Court and CFC. Doing the odd Arbitration. Still plying my trade in the Family Court.

Sometimes with a Pupil in tow. I’ve honestly lost track of how many pupils I have supposedly trained over the years. Many have gone on to have far better practices than I have had - at least that’s what their Legal 500 puffs suggest. Getting to fifty also means I can take a day or week off to prepare for a bigger case and life has in many ways now slowed down. Covid was a total bummer. There were days when I seemed to be the only person in London, on the A1 or on the train. Chambers across the country all tried, some more successfully than not, to get their tenants back out of the garden and back to the office so the youngsters actually get some kind of human contact. Nature is healing - but more slowly than I hoped.

2025 IN REVIEW Jonathan Dattani Social Events Officer Solicitor Ashtons Legal LLP

T

he year opened in February with an unconventional take on Wine Tasting, featuring a Call My Bluffstyle quiz, offering members a relaxed environment to reconnect after the winter break. The event provided an enjoyable opportunity for practitioners from a range of firms and practice areas to meet in an informal setting and actively participate in the quiz, whilst sampling some of the best wines from the Cambridge Wine Merchants.

In March, our community gathered within the distinguished surroundings of King’s College for the Legal Excellence Awards. Our flagship annual event successfully highlighted the outstanding contributions of individuals and teams across Cambridgeshire.

Our returning midsummer Garden Party at Trinity Hall in July was perhaps our best yet! It has proven to be one of

As 2025 concludes, we would like to reflect on a productive and highly attended programme of events that have strengthened professional relationships, celebrated excellence, and supported ongoing development across the legal community. This year’s calendar demonstrated the continued commitment of our law society to lifelong learning and the advancement of best practice within the region.

the most popular events of the year.

We were delighted to add a new twist to the established formula to celebrate the 200th Birthday of the Law Society. With live music from Cores Do Samba, fun and games featuring giant Jenga and Connect Four, and, of course, an amazing Birthday cake, the occasion offered a welcome opportunity for members to meet, exchange updates, and enjoy the beautiful surroundings of the historic riverside garden.

October saw the introduction of a new addition to the calendar: the Class of ’25 Celebratory Drinks at Town & Gown. This gathering acknowledged the newly qualified solicitors entering practice, marking an important professional milestone and reinforcing the supportive environment experienced by early-career lawyers within the Cambridgeshire community.

In November, our members participated in a ‘sector-showdown’ for our Bowling Evening. The energetic and slightly(!) competitive evening was welcome, given the season’s cooler temperatures. The event encouraged cross-firm interaction and brought together members at all stages of their careers.

Alongside our social calendar, we continue to arrange educational events wherein

some focus on technical expertise, and others are dedicated to the promotion of equality, diversity and inclusion within the legal community. In May, the AI + Lawyers Seminar offered timely insight into the practical application of artificial intelligence within legal practice, including emerging risks and opportunities. Later in the year, we hosted a Diversity Network Webinar which focused on Social Mobility in the Legal Profession, contributing to an essential discussion on access, progression and representation within the legal sector.

Before the year concludes, members gathered for Festive Drinks on Wednesday 10 December at the Clayton Hotel. We are grateful to Errington Legal and FHM Forensic Accounting for their generous sponsorship of this annual event.

LOOKING AHEAD TO 2026

Looking into 2026, planning is already underway for a busy and compelling calendar. This includes the next Legal Excellence Awards, which will take place at Queens’ College on Friday 17 April 2026. With a new venue and another year of achievement to recognise, the event will continue to be a key highlight for any legal professional. We look forward to welcoming both familiar and new faces to our events in the months ahead. www.cambslawsoc.org.uk | 13

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16 | www.cambslawsoc.org.uk

CAMBRIDGESHIRE LAW SOCIETY

Legal Excellence Awards 2026 Platinum Sponsor Band Sponsor

Drinks Sponsor

Thank you to our sponsors

RULES & PROCESS Entries to the Cambridgeshire Law Society’s Annual Legal Excellence Awards are now open.

We will email entry forms to all members of CLS, which are available on request from: admin@cambslaw.com. For all awards, your entry must not exceed 600 words.

The deadline for entries is 5pm on Monday 2nd February 2026. Please note that this year we will not accept any late submissions.

Please submit your entry by email to: admin@cambslaw.com.

Who can apply?

Please see each award category for specific information about who can apply. You may nominate yourself, a colleague, or a team. For the Outstanding Achievement Award, please nominate a senior lawyer deserving of this accolade.

If you have any questions about eligibility, please email: admin@cambslaw.com.

Awards Criteria

The criteria for each award are set out against each award, but please note that for team and firm awards the judging panel will take account of the relative sizes of the entrants in determining the winner.

Please note that the awards relate to work conducted within the area covered by the Cambridgeshire Law Society.

Qualifying Period

All entries must relate to the period from 1st January 2025 to 31st December 2025.

Judging Process

A panel of judges made up of professionals and business leaders will assess all the entries.

Winners

The winners of each Award will be announced at the Legal Excellence Award ceremony on Friday 17 April 2026.

Good luck to all entrants!

www.cambslawsoc.org.uk | 17

Building on the Green Belt: The Hidden Planning Risks Facing East Anglia’s Conveyancers Across England, the debate over developing on green belt land is growing, and East Anglia is no exception. As local authorities contend with housing demand and land shortages, developers are increasingly targeting protected areas as possible sites for expansion. For conveyancers, this shift introduces new layers of planning and environmental risks that require careful consideration.

According to the latest government data, England’s green belt covers around 1.63 million hectares, representing 12.5% of the country’s total land area. In the East of England, this equates to roughly 233,670 hectares, or 12.2% of the region’s land, with significant coverage across South Cambridgeshire, parts of Essex, and Bedfordshire. Although these figures have remained relatively stable in recent years, the pressure to release land for housing is rising sharply.

“Flood risk, traffic congestion and the lack of supporting infrastructure, such as schools, roads and healthcare, remain major concerns,” says Iain Grimes, Managing Partner at Fraser Dawbarns. “These are not just planning challenges; they directly impact the long-term sustainability of new developments.”

Infrastructure gaps and planning pressures

While housing targets continue to rise, infrastructure investment has struggled to keep up. A recent report from the Home Builders Federation found that the East of England delivered 28,640 homes in 2023-24, significantly short of the regional target of 45,429.

“Planning policy is not addressing the chronic underfunding of infrastructure,” explains Iain. “Hospitals, roads, schools and the services expected by residents are not being planned in a coordinated way to make development sustainable.”

This mismatch between planning approvals and infrastructure delivery creates uncertainty for conveyancers and their clients. In some cases, land may technically be approved for development but remain impractical to occupy or resell because the necessary facilities aren’t yet in place.

The conveyancer’s challenge

Conveyancers advising on potential or former green belt land face unique due diligence challenges. Having accurate, current information on planning restrictions, environmental risks, and infrastructure capacity is vital for managing client expectations.

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“Having the correct information to inform clients of environmental risks is critical,” notes Iain. “Pre-occupation conditions are one of the biggest issues we see, along with occupancy restrictions tied to local employment. These factors can delay completion or complicate future resale.”

Between 2019 and 2022, approximately 7,200 hectares of green belt land in England changed to developed use, with around 1,100 hectares converted for residential development.

For conveyancers, these shifts highlight how planning boundaries and land designations can evolve, often faster than anticipated, bringing new considerations around flood risk, access, and sustainability.

Looking ahead

Most experts agree that pressure on green belt development in East Anglia will continue to rise over the next decade. Yet without coordinated investment in transport, drainage, schools and healthcare, the region risks overdevelopment without infrastructure, a trend that could erode community resilience and increase transaction risk.

“Overdevelopment without infrastructure investment is the biggest concern for the region,” adds Iain.

At Geodesys, we help conveyancers manage these planning risks by providing trusted, combined risk and standalone planning reports to support informed decision-making. Our comprehensive searches enable solicitors to spot potential issues early, from flood and environmental factors to preoccupation conditions, ensuring developments are both viable and sustainable.

East Anglia’s green belt presents both opportunity and risk. For conveyancers, understanding the balance between development potential and environmental impact is essential, and it all starts with reliable, data-led insight.

MOVERS AND SHAKERS Kate Harris Editor, Partner Birketts LLP

Buckles appoints Head of Estate Planning

Buckles Law has appointed Chris Grimoldi as Head of Estate Planning. Chris brings a wealth of experience in crafting bespoke succession and tax planning strategies for individuals and families. He has particular expertise in supporting clients with an international element to their affairs, frequently collaborating with Buckles’ International team to deliver solutions tailored to each client’s circumstances and objectives. Chris’ appointment reinforces Buckles’ commitment to promoting within and delivering thoughtful, forward-thinking support across the region.

Greenwoods welcomes new Private Wealth Partner

Vicky Wylds has joined Greenwoods’ Private Wealth team as a Partner in their Cambridge office bringing experience in estate planning and administration and advising high-net-worth individuals, entrepreneurs, and business owners on long-term wealth preservation strategies. Vicky holds both a Diploma in Regulated Financial Planning and the STEP Advanced Certificate in Administering Estates and her expertise includes trusts, succession planning, cross-border estates, and blended family dynamics.

Birketts strengthens its Commercial Dispute Resolution and Property Disputes teams

Birketts is pleased to announce the appointment of Phillippa O’Neill as Partner in its Dispute Resolution team as well as Stuart Wortley as Partner and 20 | www.cambslawsoc.org.uk

Here is a round-up of the latest moves, promotions and achievements of Cambridgeshire Law Society’s members…

James MacDonald-Pearce as Legal Director in the Property Disputes team.

Joining from Buckles Solicitors, Phillippa brings more than two decades of experience and expertise in handling complex disputes across a wide range of sectors including manufacturing, retail, energy, infrastructure, and finance. Phillippa has built a broad practice encompassing shareholder and partnership disputes, warranty and contractual claims, breaches of confidentiality and restrictive covenants, professional negligence, corporate fraud, and reputation management.

Stuart joins Birketts from a top 10 global law firm and is a previous chairman of the Property Litigation Association. He brings wide-ranging expertise, especially in disputes between joint venture partners and professional negligence claims, as well as trespass/nuisance cases. Over the last few years, he has built a market leading practice for obtaining civil injunctions to protect business premises and infrastructure projects against the risk of trespass by protest groups such as Just Stop Oil. New Legal Director, James MacDonald-Pearce, advises on all aspects of commercial property disputes for developers, investment funds, institutional owners, corporate occupiers and retailers.

Birketts Partner appointed to the Board of Cambridgeshire Chamber of Commerce

Gemma Goddard, Partner in the Commercial Real Estate Team at Birketts LLP has been appointed to the Board of Directors of the Cambridgeshire Chamber of Commerce.

Representing over 60,000 businesses and nearly 240,000 employees across

the county, the Cambridgeshire Chamber of Commerce plays a vital role in championing the interests of the region’s business community, influencing local and national decisionmakers and promoting sustainable economic growth.

Gemma joined Birketts in 2018, having trained and practised at a leading Magic Circle law firm in London for the preceding decade. She has amassed a varied client base and has experience across a number of sectors, providing her with insight into a broad range of topics both locally and across the wider country, from development, financing and asset management to strategic land projects, renewables and responsible, sustainable, stewardship of land.

HCR Hewitsons adds to its Agriculture and Estates and Private Client Teams

Ewan Treadgold joins HCR Law’s Cambridge office as a solicitor in the Agriculture and Estates Team specialising in agricultural litigation. Ewan supports colleagues dealing with land sales, purchases and other transactions giving practical advice behind the scenes to prevent the risk of disputes arising in the future and is often asked to look at issues such as rights of way, covenants, and the problems that can arise when land is let under agricultural or farm business tenancies.

Alex Hunt joined HCR Legal’s Private Client team as a Legal Director in November. Alex has previously acted for professional sportspeople, popstars, and foreign royals and advises on all aspects of private client law but has a particular interest in cross-border tax and succession work, the taxation of unusual offshore structures and the UK treatment of cryptocurrency.

MS JULIA TOSH v MR VIVEK GUPTA [2025] EWHC 2025 (KB) Julia Tosh v Vivek Gupta - Find Case Law - The National Archives

SUMMARY

The Claimant brought a claim of clinical negligence after suffering a rare but serious complication (anal stenosis) of an operation performed by the Defendant to surgically remove her haemorrhoids. The judge found that the evidence of the Claimant’s expert was based on limited experience or expertise. There were also several instances where he had not acted in accordance with his duties as an expert.

LEARNING POINTS

Leaning points for experts l Expert witnesses are under a duty to assess the arguments of both sides and weigh them up fairly. It may damage or even be fatal to your evidence if you do not engage with the arguments of the opposing side. l You risk losing credibility if you refuse to admit when you have changed your opinion or make reasonable concessions when you have been shown to have been wrong.

Learning points for instructing parties l Ensure that the experts you instruct in a clinical negligence case have sufficient expertise and recent experience to identify the standard of a reasonably competent practitioner at the time of the index events.

THE CASE

The Claimant brought a claim of clinical negligence after suffering a rare but serious complication (anal stenosis) of an operation performed by the Defendant to surgically remove her haemorrhoids. The original allegations of negligence in respect of the conduct of the surgery were discontinued after the joint statement, but the Claimant continued to the allege that the Defendant acting negligently in: (i) grading her haemorrhoids, (ii) failing to discuss non-surgical options, and (iii) failing to adequately explain the risk and benefits of the surgery (a ligature haemorrhoidectomy).

Haemorrhoids are graded in severity from Grade 1, small swellings on the inside lining of the anus, to Grade 4, haemorrhoids which permanently hang down from within the anus and cannot be pushed back inside.

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THE EXPERT EVIDENCE

Mr T provided expert evidence for the Claimant and Professor P for the Defendant. Both experts retired from clinical practice prior to the date of the surgery. Counsel for the Claimant conceded that Mr T’s level of expertise in terms of the live issues in this case was limited given how few haemorrhoidectomies he had ever carried out, and how few patients he had seen with grade 3 or 4 haemorrhoids.

THE EVIDENCE OF MR T

Mr T is a retired general and colorectal surgeon with over 25 years’ experience in a District General Hospital. In cross-examination, he said that by the 1990’s he was working almost exclusively as a colorectal surgeon, mainly cancer but also haemorrhoids.

However, he said he had not done many haemorrhoidectomies and had never done a ligature haemorrhoidectomy.

From 2009 he was doing very little operating on haemorrhoids and none after 2010. He agreed that it was "a reasonable point" that it was difficult for him to identify the standard of a reasonably competent haemorrhoid surgeon in 2019.

The judge reached the conclusion that Mr T’s evidence was based on limited experience or expertise.

During cross-examination, it emerged that in several instances he had not acted in accordance with his duties as an expert under CPR Part 35 and the Practice Direction to Part 35. These included: l Referring in his witness statement dated 21 July 2021 to his having read the Claimant’s and Defendant’s witness evidence when this was only served in April 2024. l Although he accepted that he was under a duty to assess the arguments of both sides and weigh them up fairly, neither his expert report, nor his subsequent report, made any reference to the Defendant’s case and he had not analysed the Defendant’s case. l Asserting, without any evidence to support it, that the Defendant had graded the haemorrhoids based on their size alone, rather than by using the Grade 1-4 grading system which

was consistent with the practice of a responsible body of Consultant Colorectal Surgeons. l Denying that he had changed his opinion despite stating in his first report that in his opinion the Claimant’s haemorrhoids were Grade 1 and in the Joint Statement that it was likely that the Claimant had Grade 1-2 piles. l It was also clear in his report that he wrongly thought the fissure was not healed and therefore needing treating before changing his opinion in the Joint Statement which noted that “as the fissure is healed it needed no active treatment at that time”.

Despite this Mr T denied he had changed his opinion. The judge found it concerning that Mr T was unable to make this reasonable concession and admit that he was wrong.

THE EVIDENCE OF PROFESSOR P

Until his retirement Professor P was a full-time colorectal surgeon at the National Bowel Hospital where he undertook a combination of complex and anorectal work. He also ran several clinical trials relating to haemorrhoids in which he did all the surgery. He was made an Honorary Professor of Colorectal Surgery by Imperial College London in 2000. He is the author of 9 recent textbooks in colorectal surgery and has contributed to 300 original articles and 59 book chapters. The Joint Statement listed twelve publications

by Professor P on haemorrhoids, including diagnosis and treatment, haemorrhoidectomy and evidencebased practice.

The judge noted that “[Professor P] has extensive experience of diagnosing, grading and treating haemorrhoids and of undertaking haemorrhoidectomies.

I found him to be a forthright, straightforward witness who gave direct answers to questions and made concessions where appropriate (as set out in the body of this judgment below).

In my judgment his evidence is reliable, objective and unbiased and I therefore consider it appropriate to place considerable reliance on it. I prefer his evidence in all respects to the evidence of Mr T save where he and Mr T agree.”

USER SIMON BERNEY-EDWARDS

■

LADY SIMLER APPOINTED AS PRESIDENT OF THE EXPERT WITNESS INSTITUTE The Expert Witness Institute is delighted to announce that Lady Simler, Justice of the Supreme Court, was appointed as President of the Institute on 15th October 2025.

Lady Simler was called to the Bar by Inner Temple in 1987, having read law at Cambridge University, and completed a post-graduate diploma in EU law at the Europa Institute, University of Amsterdam.

She practised at the Bar at Devereux Chambers where she became Head of Chambers before becoming a judge.

During her time at Devereux she was a member of the Attorney General's Civil Panel A and was Junior Counsel to the Inland Revenue (Common Law) between 2002 and her appointment to silk in 2006.

She became a Judge of the High Court King's Bench Division in October 2013. In January 2015 she was appointed President of the Employment

Appeal Tribunal for a three-year term which ended on 31 December 2018.

Having served as High Court Liaison Judge for Diversity she was appointed chair of the Diversity Committee of the Judges' Council in 2019. She also served as a member of the Civil Executive Team chaired by the Deputy Head of Civil Justice, reporting to the Master of the Rolls. She was sworn in as a Lady Justice of the Court of Appeal in June 2019. She was appointed as a Justice of the Supreme Court in November 2023.

Lady Simler succeeds The Right Hon Lord Hodge, Deputy President of the Supreme Court who became president in 2020 and stepped down as he is due to retire from the Supreme Court at the end of the year.

EWI Chair, Sir Martin Spencer, said “We are thrilled to welcome Lady Simler

as our new President. She has already demonstrated a strong interest in the role of experts, expert evidence and the work of the Institute. We look forward to working with her and bringing her strategic insight to the organisation and membership.”

Lady Simler said “It is a pleasure and a privilege to have been asked to take over from Lord Hodge as president of the Expert Witness Institute. There is a strong public interest in the work performed by experts and the justice system depends on expert evidence being both impartial and of the highest quality it can be. The EWI has an important role to play in supporting this and I look forward to working with the EWI and taking forward the excellent work done by my predecessor, Lord Hodge.”

USER SIMON BERNEY-EDWARDS

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BUDGET 2025: WHAT IT MEANS FOR LEGACIES On the face of it, the Chancellor’s Autumn Budget 2025 brought little news for charities. But, digging a little deeper into yesterday's announcements, the Finance Bill 2025-26 and accompanying documents, there are a few changes that could have quite a bearing on charities that rely on legacy income.

Here we round-up three key areas of change and share some suggestions of next steps for charities, covering: l I HT thresholds - the evolving fiscal

landscape

l C harity compliance measures for

charitable tax reliefs

l R educing the burden for Personal

Representatives.

EVOLVING FISCAL LANDSCAPE

Inheritance Tax (IHT) thresholds will remain static at £325,000 for the nilrate band (NRB) and £175,000 for the residence nil-rate band (RNRB), with the taper threshold continuing at £2 million for the next few years. However, the Chancellor announced that these thresholds would now be frozen to 2031 – a one-year extension on last year’s budget announcement.

This means that the combined allowance for a couple can still reach £1 million if both bands are fully used, but due to fiscal drag and incoming measures like pension wealth coming into the scope of IHT from April 2027, the proportion of estates facing a tax bill is expected to double within the next few years. This makes the generous charitable tax incentives on legacy giving* even more relevant and more attractive to more people, supporting further legacy growth.

Supporters can donate unused pension funds through a charity lump sum death benefit and these gifts will continue to qualify for IHT relief.

However, this only applies for donors without dependants. So, at Remember A Charity, we will continue to stress to Government the need to make it easier for people to donate in this way.

Lucinda Frostick, Director of Remember A Charity, says: “It’s a great relief to see 26 | www.cambslawsoc.org.uk

that the tax incentives on charitable legacies have been protected. These incentives remain vital when it comes to growing and normalising legacy giving across the UK. But, with pensions coming into the scope for IHT shortly, we continue to urge Government to address the barriers that make it impossible for many people to donate tax-free in this way.” *Charitable legacy donations are free of IHT and donations of 10% or more of the taxable estate reduce the IHT rate from 40% to 36%.

Read more in our write-up from our roundtable event earlier this year.

STRENGTHENING CHARITY TAX COMPLIANCE

As proposed in draft legislation, Government will be tightening the rules around charitable tax reliefs to reinforce transparency and ensure donations are used as intended. Key changes include the testing criteria for tainted donations, requirements for approved charitable investments, and legacy gifts being treated as attributable income.

From April 2026, legacies received by charities will be treated as ‘attributable income’, meaning they must be used for charitable purposes or risk a tax charge from HMRC. Government stresses that this new rule aims to bring legacies into line with other income streams, with the purpose of strengthening trust, and safeguarding use of the charitable tax reliefs. HMRC has committed to help the sector understand and prepare for the change with clear communications and guidance.

IT’S A GREAT RELIEF TO SEE THAT THE TAX INCENTIVES ON CHARITABLE LEGACIES HAVE BEEN PROTECTED. THESE INCENTIVES REMAIN VITAL WHEN IT COMES TO GROWING AND NORMALISING LEGACY GIVING ACROSS THE UK. LUCINDA FROSTICK

The tainted charity donations rules aim to prevent abuse of tax reliefs, where a donor might give, but receive a financial benefit in return. If a donation is deemed “tainted,” the donor loses any associated tax relief. The new tainted donation test shifts the focus from donor intent to outcome, meaning HMRC will look at whether the donor actually receives a benefit, not just whether that was their purpose.

Government will be lowering the bar for establishing whether a transaction is tainted by replacing the test of ‘financial advantage’ with ‘financial assistance’.

When it comes to approved charitable investments, new rules mean that all 12 investment categories will be subject to the same to the same requirements –

namely that investment must be made for the benefit of the charity and not for the avoidance of tax (whether by the charity or any other person).

In our submissions to Government and the House of Lords Sub-Committee earlier this year, Remember A Charity and the Chartered Institute of Fundraising stressed the importance that charities would be given further clarity about what these new rules mean in practice and how to ensure compliance, so we’re pleased to see Government’s commitment to do so.

HM Treasury has responded to concerns we raised earlier this year, clarifying that charities will not be required to spend funds from gifts in Wills within any set timeframe.

REDUCING THE BURDEN FOR PERSONAL REPRESENTATIVES

In news that is warmly welcomed, Government has announced new features of the process for IHT to support Personal Representatives (PRs) to effectively administer estates

containing pensions (applying from April 2027).

If PRs reasonably expect IHT to be due, they can direct Pension Scheme Administrators (PSAs) to withhold 50% of the taxable benefits for up to 15 months from the date of death. PRs can then direct PSAs to pay the IHT due to HMRC before releasing the rest of those benefits to pension beneficiaries. PRs will also be discharged from liability for pensions discovered after they have received clearance from HMRC. Remember A Charity and the Institute of Legacy Management (ILM) warmly welcome this change, and the measures taken to recognise and reduce the burden facing PRs. Matthew Lagden, CEO of the ILM, says: "We are very pleased that our views on this topic have been taken on board, as it significantly reduces the chances of delays in the Probate System once the new regime comes into effect. This has been a joint effort with stakeholders

from across the probate system and Remember A Charity, and a testament to what can be achieved when we work together.”

WHAT SHOULD CHARITIES DO NOW?

While these changes all relate to future and incoming legislation, now is the time to prepare and we encourage charities to: l R eview the Budget announcement

and accompanying documents here, considering any implications for your current governance and financial controls. l U pdate any internal policies and trustee guidance to reflect the new compliance requirements. l R eview how legacy funds are documented, making it easier to demonstrate how such income is used.

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Cambridgeshire needs local philanthropy now more than ever Cambridgeshire is a county known for innovation and prosperity, yet it remains marked by deep inequality.

In Cambridge alone, the life expectancy gap between the most affluent and the most deprived neighbourhoods exceeds 10 years*.

Across the county, disparities in health, education, housing, and opportunity shape daily life for thousands of residents.

For the small charities and community groups working to address these challenges, resources are stretched thin, and their voices can go unheard. Without large marketing budgets or established networks, these grassroots organisations can find it difficult to reach potential funders, even as the communities they serve need them more than ever.

Why local philanthropy matters Local philanthropy reaches the people and places that larger-scale giving can miss. While smaller organisations (with income under £1 million) make up 96% of

the voluntary sector, they account for less than 15% of the sector’s income.

This creates a critical funding gap, leaving many grassroots organisations without the sustainable support they need to continue their vital work - from food banks helping families through crisis, to community centres offering warm spaces for isolated older people, and domestic abuse services providing safe refuge.

Community foundations play a vital role in addressing this gap. Our local knowledge, networks, and grant-making expertise mean we can effectively direct funding to these initiatives.

Why it matters to professional advisers Solicitors are often the first to hear when clients express a desire to give back and are uniquely positioned to help clients translate those intentions into meaningful, effective philanthropy.

Partnering with a trusted community foundation allows advisers to offer clients a structured, locally informed route to

giving - without taking on additional administrative or regulatory burdens.

Foundations manage governance, grantmaking, compliance, and reporting, while advisers maintain and strengthen their client relationships.

How Cambridgeshire Community Foundation can help At Cambridgeshire Community Foundation, we match charitable ambition with local needs.

Whether your client strives to create opportunities for young people, tackle social isolation, fund health initiatives, or support local culture and heritage, we will ensure that their gift effectively supports the cause(s) they care about.

If you’re supporting clients with their charitable planning, contact us to explore how we can work alongside you to help their generosity create a lasting impact.

E: michael@cambscf.org.uk W: www.cambscf.org.uk/advisers

* Vital Signs report 2024

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FACES OF EXPERTISE: MEET OUR TWO EXPERTS At FHM Forensic Accountants we have two experienced experts in the team. Both Fiona and Tom take instructions and focus exclusively on forensic accounting and business valuations. We typically accept 60 to 70 instructions annually and most are as expert witness. We also take instructions as Single Joint Expert, Party Expert and Shadow Adviser, and prepare business valuations for tax planning and commercial purposes.

Team members Kirsty Shuckford and Graham Hines help our experts and, beyond FHM, we work with a wider team of professional contacts when specific input is needed such as on international tax.

In this article we asked the Experts to give some insight into what makes them tick.

❚ WHAT DO YOU ENJOY ABOUT FORENSIC ACCOUNTING AND EXPERT WITNESS WORK?

Fiona: I enjoy the challenge of working through a tricky financial dispute or valuation - large or small - and putting together a report that is clear, concise and credible. It is important to me that our reports are understandable to all parties and their legal counsel. At the outset of a new instruction, it can be quite daunting but by methodically working through the financial disclosure and technical arguments, the most complex issues often become relatively simple.

Tom: Without doubt it is the variety of different cases that we take on. No case or day is the same so it keeps things fresh and interesting. There is also a strong sense of satisfaction when our reports can help clients settle their disputes and result in a fair resolution.

❚ WHAT IS THE MOST CHALLENGING ASPECT OF YOUR WORK?

Tom: When a particularly complex case comes along, it can be challenging to determine the most suitable approach to take as there is no “rule book” for forensic accounting. This means taking each case on its own merits and sometimes thinking outside of the box to ensure that specific characteristics of the case and their impacts are fully considered and wellevidenced. Whilst this is no doubt a significant challenge of the role, it can at the same time be very rewarding to present an argument that perhaps the client or their instructing solicitors had not identified.

Fiona: Managing several ongoing cases and unpredictable deadlines and client requirements. At FHM we work closely as a team and the added resource helps alleviate that stress and allows us to maintain the high service levels that we set ourselves to ensure we deliver to the agreed timetable at each stage of a financial dispute.

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❚ HOW DO YOU FIND WORKING IN A SPECIALIST INDEPENDENT PRACTICE (FHM)?

Fiona: It has been great to start the practice from fresh adopting the latest technology and best practices without the challenges of historical systems or internal politics. A focus on our key values has allowed us to build a sustainable practice which delivers the service we aim for and allows each team member flexibility.

Tom: I really enjoy the autonomy and flexibility that comes with a specialist independent practice. As a small but closeknit team we are able to adapt to meet the various demands of ongoing cases and can manage our own workload independently. This allows for flexibility and promotes a good work-life balance as much as possible whilst ensuring a high level of client service.

❚ WHAT IS YOUR TOP THREE TIPS FOR INSTRUCTING LAWYERS? Fiona: (1) In a commercial dispute I recommend early engagement with your expert as early input on the quantum of a dispute tends to help contain costs; (2) In family cases, I recommend thinking about making more use of shadow experts, both on disclosure and to review the Single Joint Expert Report; and (3) attend our regular free webinars

for more tips on valuation, tax and demystifying company accounts, and our recent case studies (contact us via the website to join the invite list) Tom: (1) In the case of business valuations, obtain full statutory accounts with detailed profit and loss statements as early as possible. If these can be provided upon initial instruction, then it can save a lot of time and also enables us to quickly get a grasp of the key issues and provide a more reliable quote for our work. This gives both lawyers and their clients a bit more certainty during what can be a very uncertain process.

(2) Always ensure that instruction letters are clear and unambiguous. Sometimes instructions can be interpreted in several ways so it helps to be clear on requirements from the outset to prevent any unnecessary delay in the process.

(3) Maintain full and transparent communication with the expert throughout the process. If we are fully informed of the position of cases and made aware of any potential delays with, for example, the provision of information then it can make the process much more efficient and cost-effective.

If we know the latest position of each case and its likely timeline, then we can manage our workload and ensure we are in position to prepare our report on a timely basis in line with the lawyers’ anticipated timescales.

❚ HOW DO YOU SEE FHM DEVELOPING OVER THE NEXT YEAR?

Tom: I am now beginning to take on assignments in my own name as a second expert in the firm in addition to Fiona.

This is an exciting development and I anticipate that by the end of the year I will have a good variety of cases under my belt in my own name. Having worked with and learnt from Fiona for many years, I have gained significant experience in a broad range of matters and am looking forward to

putting my own name to reports and assisting clients in my own right.

I would also hope that growth of the team would be a natural consequence of having an additional expert and therefore would hope to expand the team within the next year.

Fiona: I am very proud to see what Team FHM has already achieved. I look forward to seeing Tom develop his career further as an expert and issuing reports in his own name. Alongside Tom, I am delighted to see the contribution Kirsty is already making to FHM. I hope we will see another year of growth both in terms of expansion of the team and continuing to build new relationships with instructing lawyers in family law and dispute resolution across the East of England, the UK and beyond.

❚ THE WORK CAN BE STRESSFUL AND TIME PRESSURED. HOW DO YOU WIND DOWN AFTER WORK?

Tom: I always make sure to find time in my day to get out and get some fresh air whether that is a walk or a run. It helps clear the mind and sometimes this is when the best ideas for solving a particular issue come to me. I also have a two-yearold son who keeps me on my toes and seeing him at the end of the day quickly helps me switch out of work mode.

Fiona: I enjoy travel and with the benefits of technology, it is great to be able to work anywhere in the world. This year has seen me sitting at my desk in 20 countries.

CONTACT DETAILS

fiona@fhmforensic.co.uk +44 (0)7770 642491 Tom@fhmforensic.co.uk www.fhmforensic.co.uk

LAW SOCIETY AGREES ECHR IS NO BARRIER TO IMMIGRATION REFORM The Council of Europe met to discuss the European Convention on Human Rights (ECHR) and migration, with its 46 member states backing plans to tackle concerns over addressing migration within the existing legal framework.

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aw Society of England and Wales president, Mark Evans, said: “A fair society is one that protects us all and gives us the tools we need to enforce these protections. We all benefit when we can uphold the interests of everyone in our community and challenge government decisions that directly affect our lives.

“The ECHR is a vital part of these protections. It protects everyday rights, such as living our lives freely without unwarranted government interference or having public services that act for our common good. These rights have served us time and again.

“In times of global instability, our membership of the ECHR shows that we are a country that respects and upholds our international obligations, as well as the fundamental protections – protections we helped to define – that are set out in the Convention.

“The ECHR and the Council of Europe provide a foundation of shared values which enable us to work with other countries to navigate modern global challenges.

Inter-state collaboration is vital to addressing these issues.

“We can address concerns about border controls without stripping people of their rights under ECHR. The Law Society strongly rejects calls to leave the ECHR. “This process provides an opportunity for the UK government to show strong leadership. As the UK negotiates with its partners, we encourage it to do so based on clear evidence and with the purpose and values of the ECHR and the Council of Europe in mind.”

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Alcohol misuse in safeguarding or workplace cases: How Certis BioLabs helps courts and employers see the full picture For legal professionals practising across Cambridgeshire, alcohol misuse is a key concern in family law and child protection.

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ccording to the Department for Education, 73,250 social care cases in the year ending 31 March 2025 involved concerns about a parent’s alcohol misuse.

While drugs often attract the headlines, alcohol is the substance more frequently linked to child neglect, domestic abuse, and fluctuating parental capacity.

With around 1 in every 30 children classified as being “in need” of social care services, understanding patterns of alcohol consumption among parents or guardians is critical to safeguarding cases.

Meanwhile in the workplace, alcohol misuse is likely to be minimised, misunderstood, or missed. This is despite studies suggesting that a whopping 40 per cent of workplace industrial accidents are due to substance misuse.

Using alcohol testing to support decision making At Certis BioLabs, we provide clear and scientifically grounded evidence about alcohol and drug patterns of use to support sound decision making.

Our UKAS-accredited labs and experienced forensic teams will help you identify patterns of use over time, so that fair decisions can be taken in family courts or the workplace.

We understand that every test result goes deeper than data: it can impact a child’s or adult’s future. That’s why we uphold the highest standards of accuracy, confidentiality, and scientific clarity in all our services.

How do we do this? We develop a full picture of alcohol consumption by looking at alcohol biomarkers in hair, blood, urine, and nail samples. These biomarkers are usually produced in the body following alcohol consumption and can provide insight into a person’s alcohol consumption patterns over time.

With our reports, you will have clear, courtcompliant evidence of alcohol use over both short and extended time periods.

What test is best for your case?

There are a lot of tests out there and it can be confusing to know which to choose from.

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We can offer: Hair strand testing: By looking at biomarkers left by alcohol in the hair (EtG, EtPa), this test can indicate excessive or chronic historical consumption over a 1-6 month window.

Blood testing (PEth): Provides insight into a person’s alcohol consumption in a roughly four-week period prior to testing.

Nail alcohol testing (EtG): This is useful for understanding historical consumption and is a good alternative to blood or hair samples.

Hair and nails are generally best at revealing long-term use, while blood (PEth) and urine (EtG) are better placed to highlight recent consumption. For the Public Law Outline (PLO) process, assessments over 3 or 6-month periods are required, whereas shorter detection windows may be preferred for employment-related tests.

If you are unsure about which methods are best for your case, our dedicated customer service team will be happy to advise you.

Translating results into reliable evidence An alcohol report is only as useful as its interpretation and explanation. Overly simplified results, particularly in cases where cut-off levels or certificates of analysis have been used, can easily lead to disputed results.

Certis BioLabs ensures reports that stand up to scrutiny, providing: • Clear and easy to digest court-admissible reports • Contextual explanation of what results mean, as well as what they can and cannot show • None of our findings are filtered out – we report all substances found, no matter how small • Dedicated support from our experts for follow up questions We don’t just provide data but clarity about what the data means and why it matters.

Our interpretation is complemented with information collected from the client about

their self-declared use, as well as other relevant information, such as hair colour, pregnancy, medication use and other factors that can impact results.

Certis BioLabs works with solicitors and local authority teams at the instruction stage to ensure the chosen method answers the precise questions the court need answered.

Having supported thousands of cases with drug and alcohol testing, we know how high the stakes are for individuals being tested.

The Importance of High-Quality Sample Collection Sample collection remains a frequent source of delay in family cases when not performed to forensic standards.

Certis BioLabs offers nationwide professional sample collection, ensuring: • Full forensic chain of custody • Convenient appointments, including home visits or appointments at one of our nationwide walk-in centres • Bespoke handling of each case, ensuring clients are treated with dignity and respect • Consistent, legally defensible processes to ensure evidence is reliable and court admissible.

• 3-day turnaround once the sample is received Reliable evidence supports better outcomes When it comes to alcohol testing, Certis BioLabs helps eliminate the guess work.

Our focus is on clarity, safeguarding, and trust, providing results that meet the highest standards of accuracy and care.

Need an alcohol test?

Contact us now on 01235 633040 or email testing@certis-biolabs.co.uk to discuss how we can support your testing needs.

Website: Certis BioLabs Limited Drug, Alcohol & DNA Testing

BOOK REVIEWS DRINK- AND DRUG-DRIVE CASE NOTES

courts’ insistence on compliance with the Criminal Procedure Rules.

4th edition Compiled and edited by P M Callow ISBN: 978 0 85490 309 2 WILDY, SIMMONDS & HILL PUBLISHING www.wildy.com

Callow’s fourth edition includes notes from over fifty cases decided since the third edition was published. The themes which run through the new case law include the availability of judicial review as a means of challenge, case management, the appropriateness of adjournments and preparedness for trial.

A MOST IMPORTANT CASE BOOK FOR CRIMINAL PRACTITIONERS IN 2020s An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister”.

Pauline Callow’s notes from Wildy remain legal gems for practitioners, comprising as they do summaries of the many cases on the drink- and drugdriving offences which have come before the higher courts. Over 600 judgments are summarised in this fourth edition.

Each note is presented simply as a headnote summarising the “ratio” of that case, a short statement of the facts, the issues in any appeal and an extract from the judgment for ease of reference. These notes are intended to provide a broad outline of the trends in the case law and as starting points for readers seeking guidance on specific points depending on what you are looking for.

The book is divided into chapters which follow, generally, the stages in any investigation with the following headings: the requirement to provide specimens of breath, blood or urine; the offence of failing without reasonable excuse to cooperate or to provide specimens; challenges to the breath testing and breath analysis devices; the “statutory assumption” that the proportion of alcohol or a drug at the time of the offence was not less than in the specimen; evidence, including issues such as the admissibility of the printout from the breath analysis device and of the contemporaneous records of the procedure completed by the investigating officer; the discretion under PACE to admit or exclude evidence; definitions, notably of “public place”; defences, including no likelihood of driving while over the limit; special reasons for not disqualifying; and finally a host of procedural issues, featuring the 34 | www.cambslawsoc.org.uk

What we also found very useful were the longer-standing issues which the editor also re-visited, such as the disclosure of records, consulting the forms completed during the investigation to refresh memory at trial, the discretion to admit or exclude evidence and burdens of proof.

Very helpful for all levels of practice.

This hardback book was published

by Wildy in 2025.

LEGAL AID HANDBOOK 2024/2025 Edited by Vicky Ling, Sue James and Simon Mullings ISBN: 978 1 91364 868 8 LEGAL ACTION GROUP The access to justice charity www.lag.org.uk A COMPREHENSIVE HANDBOOK FOR ON CURRENT LEGAL AID FOR PRACTITIONERS An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister” This handbook from the Legal Action Group, supported by the Law Society, is the only comprehensive guide to the legal aid scheme and fundamental to all who practice where legal aid is currently available. Ant there are not that many occasions these days because of the cuts to the service offered.

The Legal Aid Handbook 2024/25 is the one book no legal aid lawyer can afford to be without. It has been written

by Vicky Ling, Sue James and the late Simon Mullings and covers the legal framework of the scheme, with full discussion of civil, criminal and family legal aid, and analysis of the leading case-law since LASPO.

What we get with the new edition is practical, step by step guidance on conducting cases, getting paid, advocacy, and financial and contract management. The authors offer comprehensive guidance on performance monitoring and quality standards with specialist chapters on family, immigration, mental health, community care, housing, crime, exceptional case funding and public law.

Of great use to both new and experienced practitioners are tactics and tips on using CCMS, with “useful workarounds”, plus in-depth guidance on costs and IFA and ICA cost appeals which will assist those drafting costs on a day-to-day basis.

For this edition covering 2024-25, Ling, James and Mullins have updated the book to include the Standard Civil Contract 2024, and the Standard Crime Contract 2025. There is also a new chapter on ‘Legal aid: what you need to know at a glance’, and the introduction of helpful ‘key resources’ and ‘key points to note’ sections Legal Aid Handbook 2024/25 is packed full of case studies, checklists and practical tips. It provides clear guidance on the ever more complex legal aid system.

The handbook is designed as essential reading for everyone involved in legal aid, from new caseworkers to experienced lawyers and managers.

The Legal Action Group (LAG), the access to justice charity who are justly famed for producing legal texts accessible not only to lawyers, but to the average, concerned reader. The Legal Action Group is a national, independent charity which campaigns for equal access to justice for all members of society.

Its mission is to strengthen the voice of the people and communities denied access to justice; to support frontline charities, lawyers and advisers to deliver access to justice; and to influence law and policy to improve access to justice and create a fair legal system for all. Thank you LAG and the Law Society for this work.

The edition of this paperback book was published in 2024.

BOOK REVIEWS ISLAMIC FINANCE A Practical Guide 3rd edition Consulting Editor: Rahail Ali ISBN: 978 1 83723 073 0 GLOBE LAW AND BUSINESS LTD www.globelawandbusiness.com AN UPDATED PRACTICAL GUIDE TO ISLAMIC FINANCE FOR 2020s An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister” “Islamic Finance” edited by Rahail Ali is now available in a new third edition. It remains a compelling book for lawyers, economists and bankers examining what is undoubtedly a complex and confusing area for many readers, so thank you, Globe Law and Business for publishing it!

It’s correct to state that demand for financial arrangements which are compliant with Sharia, plus an increasing alignment between both the Islamic finance and the ethical finance movement has led to unprecedented and accelerating growth in Islamic finance. As a result, there is an urgent need to understand what we mean by “Islamic finance” in the 2020s. And this book arrives just at the right time for the international community as international economics seems to become ever more complex.

This is evidenced not only by the size of the Islamic finance market itself, but also by the growing range of Islamic finance providers in addition to Islamic banks and the increasing range of sophisticated products and services. The markets for Shariah-compliant funds and takaful (Islamic insurance) are now considered as sectors “in their own right”.

Tech has played its part in that growth and with the exponential growth in artificial intelligence (AI) has created an increasing awareness of ethics.

Today, Islamic finance attracts sovereigns, financial institutions, multinationals, corporates and customers across the retail spectrum who are looking to tap Islamic liquidity from sukuk (Islamic bonds), corporate,

retail, acquisition, funds, development and project financings. This book offers readers a refreshing view of how the system, if we can call it that, works.

This third edition features fully updated, insightful chapters by leading practitioners in Islamic financing and analyses market trends, key developments and structures for sukuk, syndications, funds, takaful, project financing and Islamic liquidity management. New to the third edition are chapters on fintechs, AI ethics and derivatives.

Amongst all the legal titles available, this is a unique title and will be essential reading whether you are already engaged in Islamic financing transactions or interested in understanding the Islamic finance market and the structures underpinning the world's fastest-growing finance sector. Thank you, Globe, for publishing this new edition.

The third edition of this hardback book from Globe was published in 2025.

NHS LAW AND PRACTICE 2nd edition

By David Lock KC, Leon Glenister and Hannah Gibbs ISBN: 978 1 91364 859 6 LEGAL ACTION GROUP The access to justice charity www.lag.org.uk ANOTHER COMPREHENSIVE HANDBOOK FROM LAG COVERING ONE OF THE BIGGEST AREAS OF MODERN LAW: THE NHS AND ITS BUDGET An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister” The National Health Service (NHS) is the most important public service provided by the state today in the United Kingdom. For lawyers, the complex structures and organisation of the NHS can make it one of the most difficult public services to understand. So, we welcome this new edition of “NHS: Law and Practice” by David Lock KC, Leon Glenister and Hannah Gibbs which explains the law so well.

The Legal Action Group (LAG) is the access to justice charity. They are justly famed for producing legal texts accessible not only to lawyers, but to the concerned reader, and to practitioners, old and new to the English legal system.

There is no single public body called the ‘National Health Service’ and no single legal regime that governs how NHS bodies should operate. What we have is an NHS which is made up of a complex network of public bodies that operate as commissioners of NHS services who contract with NHS trusts, NHS foundation trusts, private businesses and charities that all provide medical, dental and other services to NHS patients.

What is called the NHS ‘managed market’ is overseen by both economic and care quality regulators. The rules under which commissioners, providers and regulators operate are both inaccessible and of such complexity that they can be impenetrable for even the most specialist lawyers.

This new second edition describes the large and complex legal structures of the modern NHS. Lock, Glenister and Gibbs explain the legal relationships between NHS commissioners and primary care, community and acute providers of NHS services, as well as explaining the structure of NHS regulation.

LAG offers us detailed guidance to the enforcement of patients’ legal rights around NHS Continuing Healthcare, patient choice, and it examines the rules around NHS personal budgets which remains a mystery to many!

Edited and written by this specialist team of lawyers whose involvement with NHS law and many of the leading cases over decades has given them unrivalled expertise in NHS and healthcare law.

This book will be an essential text for anyone who needs to understand how the legal structures of the NHS currently operate and how they should operate for, as Lors Sales says, “the NHS can truly be said to be the centre of national life!” so do add it to your law library.

The second edition of this paperback book was published in 2023. www.cambslawsoc.org.uk | 35

ELECTRONIC WILLS: OPPORTUNITY OR UNDUE INFLUENCE? ARE ELECTRONIC WILLS THE FUTURE, OR DOES GOING DIGITAL PLACE SOME CLIENTS AT GREATER RISK OF COERCION AND UNDUE INFLUENCE?

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ndy Hitchon, Head of LEAP Estates, examines the main risks linked to digital will writing and what private client practitioners can do to overcome them.

Estate lawyers are well used to evolution. With legal technology advancing rapidly and many lawyers now comfortable managing their work through a screen, it is understandable that the Law Commission is reviewing the Wills Act 1837 to modernise the field. Proposals ranging from electronic signatures to video witnessing aim to make will making more accessible, efficient and digital. For clients who struggle to attend appointments or prefer to handle matters outside standard working hours, this shift could remove longstanding barriers.

However, practitioners know that the safeguards around the will making process are as important as the document itself. Any change should strengthen, not weaken, the protection of vulnerable clients.

Digitising the will writing process

The Law Commission’s new bill proposes that wills can be created, signed and stored electronically, witnessed remotely through video systems, and that the age of testamentary capacity is reduced from 18 to 16. It also suggests aligning the test for testamentary capacity with the Mental Capacity Act 2005 instead of the older Banks v Goodfellow case law.

Although many believe these updates will make will drafting simpler, quicker and more accessible, the shift to a fully digital process raises clear concerns.

A will created without a physical pen ever touching paper presents risks of coercion, undue influence and increased vulnerability.

Electronic wills: progress or pitfall?

Coercion and undue influence have always been major considerations when taking instructions. These issues 36 | www.cambslawsoc.org.uk

are difficult to prove in court, yet the proposals may heighten the risk.

Without physical presence, how can lawyers be confident the testator is alone? Could someone off camera be exerting pressure?

The potential abuse of technology also creates new challenges. Deepfakes and AI generated audio could be used to imitate a testator’s instructions.

Forged electronic signatures are another concern if strict verification is not implemented. If wills are stored on unsafe platforms, they may be accessed, corrupted or altered.

Cyberattacks and data loss also present significant threats.

CRUCIAL ISSUES TO CONSIDER WHEN CREATING DIGITAL WILLS. Safeguarding all clients in the digital age

Vulnerable clients must remain front of mind. Those who are elderly or living with physical or mental conditions often require in person meetings to assess capacity. Some wills need more than one meeting, particularly when instructions are complex.

Lowering the age of testamentary capacity to 16 also raises questions. With many legal rights still tied to the age of 18, there is a genuine risk of a will becoming outdated or accidentally revoked.

Overcoming the risks

While technology will shape the future of will writing, the transition must be gradual and inclusive. Legal software can help by prompting checks on capacity and understanding, flagging unusual instructions and advising clients to seek professional confirmation when needed. Facial recognition, ID verification and clear audit trails, combined with secure document storage that uses encryption, multi factor authentication and regulated platforms, will also reduce risk.

The future of will making

Modernisation is necessary, but progress must not outpace protection.

Electronic wills may become part of everyday practice, but only if supported by rigorous processes, secure storage and the continued use of in person meetings where required. Digital options should enhance support for clients, not replace the careful, human centred judgement that sits at the heart of good estate planning.

About Andy Hitchon – Head of Estates, LEAP Legal Software A recognised Private Client and Trusts specialist with over a decade of experience, Andy Hitchon was previously a Partner at Rothera Bray LLP and led the Wills & Estates department at Bray & Bray prior to its merger with Rotheras. As Head of Estates at LEAP Legal Software, Andy leverages his deep knowledge of estate administration, trusts, and tax planning to help firms modernise their private client practices through smarter technology.

INTERNATIONAL ANTI-CORRUPTION DAY: IBA HIGHLIGHTS URGENT GLOBAL RISKS AND THE CRITICAL ROLE OF THE LEGAL PROFESSION O

n International Anti-Corruption Day, 9 December, the International Bar Association (IBA) reaffirms the central role of the legal profession in combatting corruption, strengthening public trust and safeguarding institutions at a time when standards for global integrity are under mounting pressure.

Around the world, corruption continues to erode democratic governance, hinder economic development and weaken the rule of law. Persistent threats – including illicit financial flows, shrinking civic space, opaque political financing and the misuse of emerging technologies – underscore the need for coordinated action across governments, professions and civil society. Against this backdrop, the IBA emphasises that lawyers, bar associations and justice institutions remain essential in preventing abuses of power, defending professional independence and ensuring accountability.

A LONGSTANDING COMMITMENT TO INTEGRITY AND GLOBAL COOPERATION

The IBA has prioritised anti-corruption work for many years, providing practical support, expert guidance and sustained capacity-building to lawyers and bar associations around the globe. Through collaboration with national bars and international partners, the Association works to strengthen professional standards, encourage ethical practice and equip practitioners with the tools, knowledge and networks required to challenge corruption and uphold the rule of law.

IBA President, Jaime Carey, commented: ‘Corruption corrodes trust, weakens institutions and undermines the rule of law. On International AntiCorruption Day, we recognise the indispensable role that lawyers play in defending integrity and ensuring that justice systems remain resilient. The IBA’s anti-corruption work is not simply a programme of activities; it is a longterm commitment to strengthening the 38 | www.cambslawsoc.org.uk

profession, supporting bar associations and law societies and ensuring that justice systems remain fair, transparent and retain public confidence. The IBA will continue to work with partners worldwide to support legal professionals in confronting corruption in all its forms.’

Adriana Dantas, Co-Chair of the IBA Anti-Corruption Committee, remarked: ‘Global challenges – from illicit financial flows to rapidly evolving technologies – demand coordinated, informed and principled action. As we mark International Anti-Corruption Day on December 9th, 2025, it’s important to remember that integrity, transparency, and accountability are more than just aspirations – they are essential pillars for fair societies and prosperous economies.’

The IBA continues to work closely with the Organisation for Economic Cooperation and Development (OECD), the United Nations Office on Drugs and Crime (UNODC), the World Bank and other global organisations to tackle this issue. Collaborative initiatives include targeted training programmes, support for bars developing compliance and ethical frameworks, and contributions to global consultations shaping policy and professional norms. The IBA’s Anti-Corruption Committee and Asset Recovery Committee, supported by several specialist sub-committees, remain important global hubs for expertise and coordination.

RECENT ENGAGEMENT AND RESEARCH ADVANCING GLOBAL POLICY

Over the past five years, the IBA has further strengthened its engagement with multilateral bodies. This has included participation in the biannual

UN Convention against Corruption (UNCAC) Conference of States Parties (CoSP) in 2021, 2023 and again this year in Qatar, contributing to discussions on the role of lawyers as gatekeepers, reinforcers of institutional frameworks and protectors of professional independence.

In March 2025, the IBA launched a landmark report following a global survey examining the impact of corruption on the legal profession.

The report offered recommendations for bar associations, law firms and individual practitioners on prevention, transparency and effective responses to corruption risks. Its findings were presented at the 2025 OECD Global Anti-Corruption & Integrity Forum, further contributing to international policy dialogue.

STRENGTHENING CAPACITY ON ANTI-MONEY LAUNDERING AND EMERGING RISKS

A major ongoing initiative is a multi-year capacity-building programme designed to support an effective understanding of antimoney laundering (AML) obligations and the Financial Action Task Force (FATF) recommendations. The first regional training workshop, delivered in partnership with FATF and the International Federation of Accountants (IFAC), took place in October 2025, with further events planned for 2026 in jurisdictions where compliance frameworks are still developing.

A CONTINUING COMMITMENT TO INTEGRITY AND INSTITUTIONAL RESILIENCE

As the global voice of the legal profession, the IBA remains committed to championing ethical practice, reinforcing institutional resilience and supporting lawyers everywhere in their efforts to combat corruption. The Association will continue to expand partnerships, invest in research and training and advocate for transparent, accountable and resilient justice systems worldwide.