Cambridgeshire Lawyer Summer 2024

CAMBRIDGESHIRE LAWYER Stronger Together, Better Connected

Issue 104 Summer 2024

The Cambridgeshire Law Society Newsletter

A big thankyou to our outgoing President MICHAEL FRAPE 2019 - 2024

Details on page 10 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 Update from Parliamentary Liaison Officer

4 James Allen elected as President of the Cambridgeshire Law Society

21 CJLD Update

5 President’s Page

22 CON29DW: The Full Picture

6 Belinda Smith Obituary 8 Diversity Matters: This is what a lawyer looks like – An exhibition to challenge outdated stereotypes 10 A big thank you to our outgoing President Michael Frape 11 The view from Chancery Lane 12 The Law Society’s Bicentenary: Celebrating 200 years 14 Movers and Shakers 15 Wins and Deals of the Quarter 16 Cambridgeshire Law Society Legal Excellence Awards 2024

21 CYPG Update 24 Eureka! The May 2024 EWI Online Conference 26 Deputyship and statutory will applications: How does a probate genealogy firm help?

28 Legacy bequests reach highest number ever recorded 30 Civil legal aid providers at breaking point 32 Private companies in a dispute scenario – something worth fighting over?

34 Solicitors’ professional indemnity renewal: insights from an underwriter

19 Protecting clients in probate

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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.

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JAMES ALLEN ELECTED AS PRESIDENT OF THE CAMBRIDGESHIRE LAW SOCIETY

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irketts is pleased to announce James Allen, Partner and Head of the Corporate Team in Cambridge, has been elected as President of the Cambridgeshire Law Society.

society and helping to achieve our mission of connecting members and driving excellence throughout the legal community in Cambridgeshire.”

James, who was previously Vice-President, was voted in as President at the Cambridgeshire Law Society AGM on 1 May 2024 and takes over from Michael Frape who has held the position for five years.

Joining Birketts in 2012, James specialises in corporate finance, banking and insolvency. He has considerable experience in a variety of corporate finance transactions, including sales and purchases, venture capital, restructurings, and advising family-owned businesses.

Commenting on his new role, James said: “I am very pleased and proud to have been elected as President of the Cambridgeshire Law Society. Over the next two years of my term, I look forward to continuing the great work of the

INFORMATION & EVENTS OFFICERS

President James Allen Birketts Honorary Secretary Tom Fairley, Arm Treasurer Gary Hanson

COMMITTEE MEMBERS Barristers Rep Joshua Walters Fenners Chambers Corporate Partnerships Officer John Wright Woodfines Corporate Sponsorship Officer Fiona McLeman FM Family Law Council Member Michael Frape Ashtons Legal Equality, Diversity & Inclusion Officer Scott Smith Thomson Webb & Corfield In House Lawyers Rep Anna Mortenson Nichino Europe Junior Lawyers Division Representative Jonathan Dattani Ashtons Legal LEA Officer Raina Victor Endomag L&D Officer Chris Hoole Appleyard Lees IP Parliamentary Liaison Officer Chris Thomas Appleyard Lees IP Patent Attorneys Rep Anwar Gilani Venner Shipley Peterborough Rep Umrah Buckley BSH Home Appliances PR & Social Media Officer Josie Beal Birketts

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Publications Editor Kate Harris Birketts Social Events Officer Joanna Cotgrove Ashtons Legal Sole Practitioners and Small Firms Rep Sophie Scotcher Myers Law Administrator Penelope Harrington

MEETINGS 2024 Wednesday 24th July Management Board Meeting On Zoom 5.30pm Wednesday 23rd October Committee Meeting On Zoom 5.30pm

EVENTS 2024

September TBC Webinar - Sleep Coaching On Zoom 12.30 -1.30pm Tuesday 10th December Festive Networking Drinks The Library, Clayton Hotel, 27-29 Station Rd, Cambridge CB1 2FB 5.30-7.30pm

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Thursday 27th March Legal Excellence Awards 2025 King’s College, King’s Parade, Cambridge, CB2 1ST Drinks reception from 6.30pm

PRESIDENT’S PAGE James Allen President, Partner, Head of Cambridge Corporate Team, Birketts LLP Introduction as Newly Elected President of the Cambridgeshire Law Society: First, a massive thank you to Michael Frape for his time as President, especially through some difficult times.

Secondly, hello. My name is James Allen and I came to Cambridge in 2001, mainly by chance as “sabbatical cover” and have stayed ever since. I am an M&A specialist and initially worked at Taylor Vinters and, since 2012, at Birketts.

Building a Thriving Legal Community in Cambridge Cambridge, with its rich history and dynamic growth, is uniquely positioned to be a hub for legal excellence. My goal is to be part of a team looking to build a legal community that not only attracts top talent but also nurtures and retains it, making Cambridge a premier destination for legal professionals, quality work and an enjoyable career.

I am very pleased that there is already a thriving young lawyers section of the Society. I will look to work closely to enhance their “collective spirit” and look to expand it within Law Society members.

Furthermore, I am committed to promoting diversity and inclusion within our society. A diverse legal community not only reflects the world we live in but also brings a wealth of perspectives that enrich our practice. We will work diligently to ensure that our society is welcoming and supportive of all its members, regardless of their background or identity. We will look at ways of sharing CSR activities and thoughts and if there are opportunities to work more closely on joint projects.

Additionally, we must also look beyond our immediate community and engage with the wider public.

By strengthening our ties with local businesses, educational institutions,

and civic organisations, we can play a pivotal role in addressing the legal needs of our community.

Lastly, I believe that advocating for the well-being of our members is crucial. The legal profession is demanding, and it is essential that we support each other in maintaining a healthy work-life balance. Initiatives aimed at mental health awareness and stress management will be integral to our agenda.

In conclusion, as your new President, I am eager to work alongside each and every one of you to build a vibrant, inclusive, and supportive legal community in Cambridge. Together, we can make our city not only a great place to practice law but also a place where legal professionals are proud to belong.

I look forward to embarking on this journey with you and am confident that, through our collective efforts, we will achieve remarkable success.

One of the cornerstones of my presidency will be fostering a sense of community among as wide a crosssection of those involved in various aspects of the law in Cambridgeshire, including in house, private practice, universities, patent attorneys and others. It is imperative that we create an environment where collaboration and mutual support are at the forefront of our thinking. By organising regular networking events, workshops, and seminars, we can ensure that our members have ample opportunities to connect, share knowledge, and grow together.

In today’s rapidly evolving legal landscape, continuous learning is essential. I plan to introduce a series of initiatives aimed at enhancing our members’ skills and knowledge, especially “soft” skills, mentoring and issues that affect a wide range of practitioners. This will include specialised training sessions and opportunities for mentorship and guidance from seasoned professionals. www.cambslawsoc.co.uk | 5

BELINDA SMITH OBITUARY Belinda Smith was born in 1956 and in her early school days she excelled in drama and music. She passed the 11-plus exam a year early and attended Kesteven and Grantham Girls School. She didn’t show any early signs of being interested in law, studying French and English at Leeds University.

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t was at her husbands Peter’s suggestion that she did the CPE course for non-law graduates after he happened to see it being advertised, and maybe had an inkling she would be good at arguing a point! She flew through that course and her finals, and then used her language skills together with her new legal skills and took a Masters course in Nice on European Law funded by the EU. After that followed a training contract in Harlow in 1982 with Lee Davies & Co where she was the first woman to qualify as a solicitor; a remarkable achievement which led the firm to present her with a gown and a briefcase and close for the afternoon to celebrate! Her lifelong friend and fellow trainee at the time said that she was “a formidable trainee from the outset”. She remembers Belinda as having the ability to grasp complex legal issues, but at the same time having a deep understanding of the personal and emotional challenges facing clients.

It was after this that she decided to specialise in criminal law, and she joined the Lincolnshire County Prosecution Service in 1985 where her advocacy skills came to the fore. She travelled all over Lincolnshire as well as appearing to prosecute in Bow Street and Horseferry Road.

After a few years she moved to private practice and became a young partner in only her mid-30s in what was then Buckle Mellows in Priestgate, Peterborough where she specialised for a number of years in care work and criminal law. It was there that she showed her devotion to publicly funded work and her compassion for the people she dealt with, defending with her heart and soul the most disadvantaged in society. She was one of the best known and most respected of lawyers appearing in our local courts over decades – a formidable adversary and a fierce champion for her clients.

On top of all of this she was the

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longest serving President of the Peterborough Law Society as well as having a huge number of personal commitments to her local and beloved Lincolnshire community and her vast array of friends and family.

In 2008, Belinda set up her own practice, Belinda Smith & Co Solicitors undertaking private family law work in Peterborough, Bourne and the surrounding areas. Belinda used the same intellectual skills and dedication to her work in this new sphere of business, often having to turn work away reluctantly because her reputation was such that she was very much in demand.

She was working until only a week before she died, selling her business reluctantly and only when she knew it had to be done for the benefit of her clients. She was extremely choosey in typical Belinda fashion as to who

should have the honour of taking over her legacy.

Belinda chose Hegarty, a prominent legal firm with offices in Peterborough, Stamford, Oakham, Market Deeping, and a new office opening in Bourne in Autumn 2024, to carry forward the legacy she built.

Recognising Belinda Smith's outstanding reputation and commitment to her clients, as well as a mutual respect and shared values between both firms, Hegarty has welcomed Belinda Smith & Co Solicitors into its esteemed practice and will continue to build on and preserve the reputation and presence that Belinda diligently built over the years, honouring her legacy.

Belinda was a true Everywoman, a credit to her profession and a trail blazer for women entering what was undoubtedly once a man’s world.

DIVERSITY MATTERS: THIS IS WHAT A LAWYER LOOKS LIKE – AN EXHIBITION TO CHALLENGE OUTDATED STEREOTYPES Scott Smith EDI Officer Senior Associate, Thomson Webb & Corfield

Wednesday 5th June saw the Cambridgeshire Law Society’s Diversity Network unveil it’s one night only photographic exhibition entitled “This is What a Lawyer Looks Like”. The exhibition was part of a wider project to challenge outdated stereotypes about lawyers which still perpetuate the media, film and television. The profession is far more vibrant and diverse than those stereotypes suggest and the exhibition sought to celebrate this through colourful, personality filled images of local lawyers. The Cambridgeshire Lawyer is delighted to be able to share the images once again in this article.

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against the historic building and artefacts on display there. The images provoked interesting conversations amongst the guests about stereotypes, prejudices and bias within the profession as well as providing visual role models for a number of aspiring lawyers who came along to see what being a lawyer was really like.

Steph Northcott, (she/her) Senior Legal Counsel AstraZeneca

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he exhibition was hosted by the Museum of Cambridge, with the photographs spread out across all three floors of the museum, juxtaposed

Scott Smith, (he/him) Senior Associate Thomson Webb & Corfield

The CLS Diversity Network worked with local photographer, Jemima Willcox a co-founder of the Willcox Collective, to create the images.

Jemima was given the brief of creating portraits reminiscent of the traditional lawyer headshot but with less pose and more fun and expression.

Jemima commented of the exhibition “to hear comments from the attendees that it is so important to create role models for the future, highlighting diversity in a traditionally “male, pale and stale” industry” was hugely impactful”.

Sameena Manzar, (she/her) Senior Associate Ashtons Legal LLP

Ebony Flack Legal PA Ashtons Legal LLP

Jonathan Dattani Solicitor Ashtons Legal LLP

Each of the local lawyers who featured in the images were asked to wear or bring something that represented who they were and are surrounded by one of their favourite colours. From Sameena’s trademark scarf or Feng’s science themed t-shirt to Scott’s pride themed lanyard or Steph’s cup of tea, the portraits are full of subtle nods to different aspects of what a lawyer might be and to their life beyond the law. Each image was also accompanied by profiles of the lawyers in them which highlighted the diversity which might be less obvious such as a working class background or less conventional route into the law.

The exhibition’s curator, Scott Smith, told the Cambridgeshire Lawyer “the “This is What a Lawyer Looks Like” exhibition did everything I hoped it would. It celebrated female lawyers, lawyers of different ethnic heritage, LGBT+ lawyers, those from different socio-economic background, in-house lawyers, law firm partners and those just entering the profession. Perhaps more importantly, it also challenged even other lawyer’s ideas of what a lawyer looks like and started some great conversations about diversity within the profession. I am excited to see where the project goes next and for more positive change in the legal sector still to come.”

Feng Rao (he/him) Partner J A Kemp LLP

The exhibition was sponsored by A J Chambers and FM Family Law. If you would like to be involved in a future event with the CLS Diversity Network, please reach out to Cambridgeshire Law Society’s EDI Officer, Scott Smith on scott.smith@twclaw.co.uk

Kirsty Porter (she/her) Associate Birketts www.cambslawsoc.co.uk | 9

A BIG THANK YOU TO OUR OUTGOING PRESIDENT MICHAEL FRAPE The Committee 2019 -2024

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t is no exaggeration to say that since becoming President of CLS in 2019, Michael has transformed the society.

Among his many achievements, CLS has had a name change and complete re-brand, has been incorporated as a company limited by guarantee, twinned with Barcelona Bar Association and has seen its membership expand

to include almost all of the key players in the Cambridgeshire legal world, including IP firms, patent attorneys and in-house legal teams. The number of events offered to members has grown and now includes regular networking drinks, the annual garden party, webinars, panel discussions and CPD. The Legal Excellence Awards are now a key event in the Cambridge legal calendar, with awards hotly contested and tickets always sold out. The committee has expanded to cover areas such as EDI and corporate partnerships, ensuring that CLS will go from strength to strength.

It is thanks to Michael’s hard work and dedication that CLS is what it is today. He leaves James Allen the newly elected President and the committee, and the whole of Cambridgeshire and Peterborough legal community, a wonderful legacy. We wish him well as he continues to sit as the Law Society’s representative for Cambridgeshire and Peterborough and serve the profession he loves.

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It is thanks to Michael’s hard work and dedication that CLS is what it is today

THE VIEW FROM CHANCERY LANE Michael Frape

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

Proposed regulation of CILEX Members by the SRA

Following a recent board meeting, the SRA has decided that it should regulate CILEX members. This decision is seen by some as a potentially controversial move, given that the SRA is the “Solicitors Regulation Authority” and therefore the SRA should only regulate “solicitors” and not other legal professionals. The SRA believes however that regulating Legal Executives as well as Solicitors would be in the public interest by reducing complexity in the legal regulatory landscape and increasing efficiencies of scale given that most CILEX members work in SRA-regulated firms (there are only 20 CILEX-regulated firms).

The Law Society takes a different view and believes the change would create confusion as it will be less clear which profession is which and where different authorisations for practice apply. And the Legal Services Consumer Panel have opined that the case has not been made for the proposed regulatory merger. On a more self-interested note, it would not be in the best interests of the solicitors’ profession itself for the SRA to regulate CILEX members, since there would be an inevitable dilution of the “solicitors” brand. But that is not a factor for the SRA to consider since it is irrelevant to the public interest.

The CILEX regulator (CILEX Regulation Limited) is against the move, but CILEX (the member body) is in favour.

Ultimately this will be a matter for the Legal Services Board to determine.

But in order for the SRA to take on CILEX regulation, it will be necessary for SRA Limited’s corporate objects to be amended (the SRA’s legal entity is now SRA Limited), which limit it to regulating the solicitors’ profession only.

The Law Society has the power to refuse to amend the objects of SRA Limited.

A refusal to do so would be a highly controversial decision and probably lead to litigation.

Form TA6 - Law Society Special General Meeting – 23 July 2024

Those who work in residential property will be aware of the proposed introduction of the Fifth Edition of the TA6 Property Information Form. The Law Society produces a suite of Transaction Forms for use in business and property sales and the TA6 (5th Edition) was its response to guidance issued last year by National Trading Standards on what “material information” should be provided to prospective buyers of residential property.

NTS say this was necessary in order to comply with Consumer Protection from Unfair Trading Regulations (2008) (CPRs) and had taken the view that it was in the public interest for sellers to provide buyers with much more information than previously. The new edition of the form is very much longer than the previous edition and will be more onerous to complete.

The SRA believes however that regulating Legal Executives as well as Solicitors would be in the public interest

Some residential property lawyers consider the new form to be a retrograde and unnecessary development and potentially exposing solicitors to civil or even criminal liability (if the form contains incorrect or misleading information). The Property Lawyers Action Group (PLAG) has led the charge against the introduction of the new TA6 alleging (inter alia) that the CPRs do not require this and it is a reintroduction of HIPs in a different guise.

They believe the Law Society has failed to represent the profession by failing to oppose the NTS’s guidance on what is required and thereby adding considerable extra work and cost as well as risk for solicitors involved in the homebuying process. They have

therefore submitted a motion of no confidence in the Law Society’s President and CEO. The Law Society’s response to the motion has been to defer the compulsory introduction of the new form and consult the profession on its content.

The motion will be heard at an SGM of the Law Society on 24th July. I encourage you to attend and vote at the SGM.

Axiom Ince – SRA Compensation Fund Contributions

The SRA Compensation Fund was set up as a fund from which payments could be made to consumers. It’s overarching purpose was to maintain public confidence in the solicitors’ profession.

The demise of Axiom Ince due to breaches of the SRA Accounts Rules and misuse of client funds is a major scandal for the profession. The estimated total claims against the fund will be in the region of £33m. In the past, the vast majority of compensation fund claims have been against sole practitioners or small firm for relatively small amounts, so Axiom Ince marks a historic development for the fund of the worst kind.

In order to maintain the fund, the SRA levies annual amounts against individual solicitors and law firms. In 2023-24, the contributions were £30 for individuals and £660 for firms. This year 2024-25, the SRA is proposing to increase those amounts to £90 and £2,200. The SRA consulted the profession about this proposal as part of its consultation on its 2024-25 Business Plan (closed on 24 June 2024).

There seems to be no choice but for the contributions to go up to the proposed amounts.

Practicing Certificate Fee for 2024-2025

In the current year (2023-24), the PC fee is £307 plus £30 to the compensation fund. The SRA has proposed that their share of the PC fee should remain the same at £162 whereas the Law Society is proposing 5% increase (£4.20) from its share of the fee £145. This will mean an individual PC fee of £311.20 plus compensation fund contribution. In addition, law firms pay an annual fee based on their turnover. www.cambslawsoc.co.uk | 11

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THE LAW SOCIETY’S BICENTENARY: CELEBRATING 200 YEARS Amy Murat Bicentennial Programme Manager

ABOUT THE BICENTENARY In 2025 the Law Society of England and Wales will celebrate its 200th anniversary. This is a huge milestone in our history and an exciting moment to be part of.

Our bicentenary will be about feeling proud of the Law Society and the legal profession and celebrating our diverse community. We want to engage with members more than ever before and we want to demonstrate the impact of the profession on a public platform.

Our 200 years will also be a moment to reflect – on where we are now, on how far the profession has come, and where it is headed.

To celebrate this, we are planning a year-long programme of activities and events, showcasing the past, present and future of the Law Society and the legal profession.

The programme has been in the making for the past year and has been developed in tandem with our members, including local law societies and Council members. The bicentenary programme’s guiding thematic principles have been identified with members through the practicing certificate fee member consultation last year.

WHAT THE YEAR WILL LOOK LIKE? The bicentenary celebrations will start in October 2024, in line with the opening of the new legal year, and run throughout 2025.

The bicentennial programme itself will draw together existing work across the organisation and create new initiatives 12 | www.cambslawsoc.co.uk

specifically for the bicentennial year.

These include activities such as: l A digital exhibition showcasing the history of the profession. l An enhanced Presidential roadshow with special events across England and Wales focusing on local stories championing solicitors and the profession. We will base this tour on a ‘history road map’, highlighting important stories from the past and present. l Admissions ceremonies with a unique 200-year focus and feel. l International receptions and webinars engaging the significant member community working outside England and Wales. l A Gazette special feature l Creation of an expert art advisory group to help us diversify our current portrait collection and plan how it can better reflect and engage the modern profession. l Launch of the Reframing Justice report (read about the project and our Year 1 findings) alongside the culmination of our work on ethics and 21st Century Justice.

Alongside our confirmed events, we would also like to open 113 Chancery

Lane to the public as part of the muchloved Open House Festival weekend and showcase our heritage and beautiful historic building.

HOW YOU CAN SUPPORT We are keen to engage with our members across England and Wales to seek ideas and input for stories we might tell in a history of the profession.

For this, we would like to understand the experience of regional law societies, particularly their experiences of celebrating similar milestones, and how they may wish to support the bicentenary programme.

We would be grateful to receive any ideas, be they significant solicitor stories from your region or milestones past and present. All ideas will feed into the research we are undertaking into historic and contemporary stories for the creation of our digital history and history road map.

If you are interested in finding out more, or would like to share information or a story of the profession in your area please contact amy.murat@lawsociety.org.uk.

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MOVERS AND SHAKERS Kate Harris Editor, Partner Birketts LLP

Ashtons Legal welcome new members to its Cambridge office

Ashtons Legal is pleased to announce the recruitment of solicitor Callum Neill to its Family Law team in Cambridge.

Callum joins partner Joanna Cotgrove, senior associate Sameena Manza and apprentice solicitor Alexandra Maturoi, all of whom provide family law advice to clients, including divorce, child arrangements, financial matters, pre and post-nuptial agreements, and Family Law Act proceedings, such as non-molestation orders and occupation orders.

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

ambitious growth plans. Nick says: “I am really looking forward to working with my new colleagues at Ashtons and to extending the corporate team’s capability and reach in the greater Cambridge area. My passion is working with owner managed and family businesses and the entrepreneurs behind them and this naturally fits with the existing expertise and focus of the firm.

The transparent and friendly approach of Ashtons people has been clear from day one and it’s a team that I’m very pleased to be joining”.

James Tarling, CEO adds: “I am delighted to welcome Nick to the Ashtons team.

Nick shares our values and passion for helping businesses to thrive and reach their potential at every step of their journey and will be a valuable addition to our partnership. Nick’s appointment is part of our strategic growth plan over the next three years and I look forward to welcoming more exceptional people like Nick to help us deliver on these objectives”.

Howes Percival expands its Commercial Property Team

Howes Percival has welcomed strategic land development expert Tim Bacon as a Partner in its Commercial Property team in Cambridge.

Rhian Brook and Nick Palmer are also appointed as Partners in the Commercial Property and Corporate Teams. Rhian joined the firm as a trainee and has developed her legal career with Ashtons while Nick’s appointment is part of Ashtons’ 14 | www.cambslawsoc.co.uk

Tim specialises in strategic land work and property development, including promotion, option and collaboration agreements and acts for promoters and landowners across the east of England, drawing on over 30 years of experience in all areas of property related matters.

Tim worked in London for a well-known City firm and then for national and East of England regional firms before joining Howes Percival and brings with him considerable expertise in the strategic land sector where landowners, promoters and developers are seeking to enhance the value of land for their mutual benefit by obtaining planning for residential, commercial or mixed-use development.

Promotions at Mills & Reeve

Mills & Reeve saw 3 promotions to Partner in their Cambridge office as of 1 June 2024. Stephanie Caird is a life sciences lawyer, supporting a wide range of clients in the pharma and biotech, medical devices and diagnostics sectors. She will support the growth of the firm’s commercial life sciences practice, with a particular focus on med tech, clinical trials and regulatory work. David Stead is a projects lawyer with over 20 years of experience advising parties to real estate transactions. He will specialise particularly in the student accommodation offering and look to continue to grow work in this area.

Samuel Maw will support the firm’s growth in government sector and real estate disputes work. He’ll also focus on maximising opportunities from real estate investment clients in Cambridge and London.

In addition to Partner promotions, Mills & Reeve named 5 new Principal Associates and 10 new Senior Associates. The Principal Associates are David Hollier, Corporate; Carrie March, Employment; Frances Iwaschkin, Commercial Property; Christina Wilderspin, Residential Property and Amy Law, Commercial, Regulatory and Public Disputes. The newly promoted Senior Associates are Lauren Michaelides, Construction; Elizabeth Hoogland, Commercial; Kate Ciborowski, Finance and Restructuring;

Alice Simpson, Commercial Contracts; Joanna Kingstone, Employment; Ben Wilcock, Education; Celine Heinz, Employment; James Prothero, Family Law; Emily Hom, Food and Agriculture and Laurence Searle, Real Estate.

Buckles expands Private Client team

member of the Society of Trust and Estate Practitioners (STEP).

He acts for a wide range of clients with differing backgrounds, whilst frequently advising high-net worth individuals, business owners, trustees, and those with cross-border elements to their affairs.

Rebekkah Cooper, Head of Buckles' Private Client team, said: “Christopher is a great addition to our team. He delivers technical expertise in an ‘easy to digest’ manner and recognises the need to communicate with clients effectively and in accordance with their preferences.”

Christopher Grimoldi has joined Buckles’ highly regarded Private Client team and will be based in their increasingly busy Cambridge office. He specialises in all areas of Estate Planning and Probate work, including the Administration of Estates, Wills, Powers of Attorneys, Trusts and Inheritance Tax Mitigation.

New Partner and Head of Contentious Probate at Buckles

Ben Fox, a Full Member of ACTAPS (the Association of Contentious Trust Probate Specialists), is a partner and the new head of the Contentious Probate team at Buckles. A contentious trusts and probate specialist, he will be based in the firm’s Cambridge office.

Ben advises on all aspects of Wills, Trusts, and Inheritance Disputes, including cross-border and offshore mandates. He has successfully acted in numerous high value High Court claims and has High Court advocacy experience.

Duncan Jackson, Buckles’ CEO commented: “Ben is a great addition to our team. He has a great reputation for explaining complex legal issues clearly and working with clients to formulate a strategy to help them resolve their disputes without the need for expensive and risky Court proceedings, where possible”.

Christopher is a qualified Chartered Legal Executive and an Affiliate

WINS AND DEALS OF THE QUARTER Kate Harris Editor, Partner Birketts LLP

Mills & Reeve play their part in the formation of the UK's largest independent concrete operator

Mills & Reeve and Grant Thornton UK have advised Peterborough-based PJ Thory on the acquisition of three quarry sites and Gemmix on the acquisition of five ready-mix concrete sites in an acquisition which, it is believed, has created the largest independently owned supplier of ready-mix concrete in the UK. These transactions add to the Group’s well-established operations, acquiring the sites from Heidelberg Materials, which was forced to sell them by the Competition and Markets Authority following its acquisition of Mick George

We are continuing to celebrate the successes of our member firms and to bring you news of the biggest deals and wins from across the County.

Here’s what’s been going on this quarter…

Group. The ready-mix concrete sites are in Cambridgeshire, Northamptonshire and Leicestershire, while the quarries are located in Norfolk and Northamptonshire.

Mills & Reeve's team, led by James Hunter and Sophie Denton, provided corporate legal advice with support from colleagues in regulatory, competition, environmental, property and contracts teams. James Hunter, Corporate Partner at Mills & Reeve, said: "It was great working with the team at PJ Thory and Grant Thornton to conclude this deal. We had to support our client on the various complex issues relating to the sites, licences, competition requirements and business transfers. I am really pleased to

see this successful family-owned business moving forward so confidently.”

Toby Hare, Corporate Finance Director at Grant Thornton UK, assisted in the deal by Stuart Davies, said: “We are delighted to get this deal over the line, it’s been a complex, rigorous, fast-paced and at times challenging, process.

PJ Thory has successfully executed multiple opportunistic acquisitions by providing a synergistic fit for the Heidelberg sites, making it the leading independently owned provider in the UK. Being deeply embedded within the regional landscape, the team is proud to be supporting another trusted local company on the next, exciting chapter in its growth journey.” www.cambslawsoc.co.uk | 15

CAMBRIDGESHIRE LAW SOCIETY LEGAL EXCELLENCE AWARDS 2024 Cambridgeshire Law Society celebrates legal excellence across the county.

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ambridgeshire Law Society (CLS) held its flagship annual Gala Dinner and Legal Excellence Awards on Friday, 19 April 2024 at King’s College, Cambridge.

The Legal Excellence Awards celebrate the collective and individual successes of CLS’ members, categories include firm awards, team awards and individual awards.

Over 260 guests attended the dinner to celebrate legal excellence in Cambridgeshire. Michael Frape, President of CLS hosted the event and Mark Evans, Deputy Vice President of the Law Society of England and Wales presented the awards.

James Holden, Fundraising Manager for the local charity, Wintercomfort spoke at the event and a charity raffle took place to raise money for Wintercomfort.

A special mention goes to Kath Herbert formerly from Birketts LLP, who was presented with the most prestigious award of the night, the Lifetime Achievement Award. Kath has extensive commercial property experience, having worked in the sector for over 30 years. Kath has contributed significantly to the legal community in Cambridge and thoroughly deserves this recognition.

Michael Frape, President of CLS and Chairman of Ashtons Legal LLP, commented that: “It is always a pleasure to celebrate the outstanding achievements of the legal profession in Cambridgeshire over the last 12 months and this year was no exception.

It was a fantastic event, held at the prestigious King’s College, Cambridge.

I was particularly pleased that we were also able to raise a substantial amount of money for the homeless charity Wintercomfort, which we intend to match fund out of CLS money. Congratulations to all those who applied for an award, and to the worthy winners. I also want to thank our generous sponsors especially Rathbones Investment Management and our members without whom there would be no CLS.” For more information about CLS or for details of next year’s Legal Excellence Awards please contact admin@cambslaw.com, or follow CLS on LinkedIn, X @cambslaw, or on Facebook and Instagram @cambslawsoc.

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Michael Frape

Mark Winchester & James Allen

Hewitsons - Law Firm of the Year

Kath Herbert - Lifetime Achievement Award

PLATINUM SPONSOR

SPONSORS

Arm - In House Team of the Year

Simmons & Simmons - Business Law Team of the Year

OUR CHARITY

Hewitsons - Property Team of the Year

Ashtons Legal - EDI Initiative Winner

Slater and Gordon - Litigation Team of the Year

Buckles - Private Client Services Team OTY

Appleyard Lees - Intellectual Property/IT Team of the Year

Csenge Bekes - Outstanding Support Staff Member

Stephen Hodsdon - Senior Lawyer of the Year

James Holden

Nick Evans

Katherine Hague - Rising Star of the Year

Kealan Fallon - Trainee Lawyer of the Year

CLS LEGAL EXCELLENCE AWARDS 2024 – AWARD WINNERS ★ LIFETIME ACHIEVEMENT AWARD

★ IN HOUSE TEAM OF THE YEAR

★ TRAINEE LAWYER OF THE YEAR

★ PROPERTY TEAM OF THE YEAR

★ LITIGATION TEAM OF THE YEAR

★ RISING STAR OF THE YEAR

★ BUSINESS LAW TEAM OF THE YEAR

★ INTELLECTUAL PROPERTY/IT TEAM OF THE YEAR

★ SENIOR LAWYER OF THE YEAR

★ PRIVATE CLIENT SERVICES TEAM OF THE YEAR

★ EDI INITIATIVE TEAM OF THE YEAR

★ OUTSTANDING SUPPORT STAFF MEMBER

sponsored by AstraZeneca UK Ltd KATH HERBERT, BIRKETTS LLP sponsored by Handelsbanken HCR HEWITSONS LLP sponsored by LHH Recruitment Solutions SIMMONS & SIMMONS LLP sponsored by EBCam BUCKLES SOLICITORS LLP

sponsored by Appleyard Lees IP LLP ARM LIMITED sponsored by Temple Legal Protection SLATER AND GORDON UK LIMITED sponsored by Arm Limited APPLEYARD LEES IP LLP

sponsored by Errington Legal ASHTONS LEGAL LLP

sponsored by ReviewSolicitors KEALAN FALLON, APPLEYARD LEES IP LLP sponsored by Fenners Chambers KATHERINE HAGUE, HCR HEWITSONS LLP sponsored by KLDiscovery STEPHEN HODSDON, J A KEMP LLP sponsored by Birketts LLP CSENGE BEKES, IRWIN MITCHELL LLP

★ LAW FIRM OF THE YEAR

sponsored by FRP Advisory HCR HEWITSONS

www.cambslawsoc.co.uk | 17

PROTECTING CLIENTS IN PROBATE Kiera Thorold Compliance and Audit Manager W & P Legal

W & P Legal based in Market Deeping, is one of the leading independent estate planning firms in the UK. Professionally run by qualified paralegals, the team specialises in later life and post-death planning and administration.

E

state planning is unregulated but as a firm, we work as if we are regulated. For us, best practice means taking those extra steps to ensure due diligence in every matter, as this protects our clients as well as the firm.

Many of our clients come to us when a family member has passed away. It is an emotional time, and they are faced with conflicting information on-line. Our role is to put people on the right track.

Some families don’t need Probate and so we offer free initial consultations to advise them about the appropriate next steps. If they do require our services, we have a team of 20 specialists on hand to help guide them through the complex Probate process with as little stress as possible.

Our detailed attention in relation to compliance ensures consistent processes across the board. Much of this involves enhanced training of the team. This can be in-house, through webinars or via Law Society events.

For example, I’ve recently completed an anti-money laundering training session with my colleagues to ensure we correctly assess the risks of each file, and confirm that we know our clients and who we are working for. Training means we are all confident in the tools we use on a daily basis.

I was also recently interested to attend a training session at the HTF Legal Conference covering Beneficiary checking, which was delivered by Estatesearch, a legal tech company who we’ve been working with for around four years. At the event, it was highlighted that someone who is bankrupt for life is removed from the Land Registry list after five years.

Therefore, it is essential to check the Insolvency Register too, to ensure these people are picked up. Estatesearch’s Beneficiary Checks automatically check both registers for us.

We also use Estatesearch for Asset and Liability searches, Share Valuations and placement of Section 27 Notices. As a firm, we really care about our clients and it means we can offer them peace of mind while offering the best possible service as Estatesearch’s services are accurate and can be relied on.

Just a few thousand pounds over may change the taxable bracket for an estate, so it is essential to identify all the assets of the deceased person. We also want to avoid the family receiving a letter at a later date saying they owe a debt. Estatesearch’s asset and liability check ensures we tick all the boxes.

Estatesearch’s Financial Profile Search includes AML and identity trace, Liability Search, Financial Asset Search, Company Directorships, and, in the Financial Profile Premium, an Unclaimed Asset Search which includes up to 40 additional pension and insurance providers to help locate forgotten accounts, policies

and shareholdings. All subjects are automatically enrolled with the Vulnerability Registration Service to prevent fraud and financial abuse against the estate too.

Our team accesses Estatesearch’s services through a secure portal. This saves us a significant amount of time.

As well as the excellent service Estatesearch provides, the team are highly professional. They are genuine, kind people and align with our own values as a firm to be open and honest, to care and treat people with respect.

At W & P Legal, we always strive to be better and serve our clients better and Estatesearch helps us achieve this.

For further information about W & P Legal please see: www.wplegal.co.uk For further information about Estatesearch please see: www.estatesearch.co.uk www.cambslawsoc.co.uk | 19

UPDATE FROM PARLIAMENTARY LIAISON OFFICER

Chris Thomas Trade Mark Attorney and IP Solicitor Appleyard Lees.

T

he agenda for the Public Affairs Campaign Team has to a certain extent been superseded by the calling of the General Election. The present focus of the National Law Society is to ensure that it works with the relevant political parties to ensure that its agenda for legal reform is supported by the campaigning parties in their manifestos and it continues to engage with the relevant stakeholders.

The key objectives of the Law Society are set out in its online publication “three key asks of the next government1”, which it has asked the Local Law Societies to share with its members. In summary its focus is on ensuring that the legal services industry is supported by the incoming government, by ensuring that legal services are at the heart of trade policy, boosting support for small firms to take on apprentices and investing in LawTech and AI across the legal service sector. This includes ensuring that the provisions under the EU-UK Trade Cooperation Agreement are fully implemented and pushing for mobility provisions to enable lawyers to conduct short-term business trips to provide legal services without the need for a visa or permit.

The SRA review follows the intervention in the firm Axiom Ince, which was shut down by the SRA, with a reported £64 million missing from the client account.

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Update from meeting of the Parliamentary Liaison Officers Forum for Local Law Societies on 11 June 2024.

The National Law Society is committed to maintaining UK’s human rights law framework through the European Convention on Human Rights and to amend recent legislation which it states has harmed the rule of law such as the Safety of Rwanda (Asylum and Immigration) Act and the Illegal Migration Act. The National Law Society is keen to ensure that local law societies engage with local politicians to ensure that its objectives and those of the legal profession are communicated effectively. It has produced a guide for members interested in engaging with their MPs available at the URL below: Explore our guide on how you can ask your local candidates about their justice policies2.

SRA Consumer Protection Review

In February 2024, SRA published a discussion paper aimed entitled “protecting the public: our consumer protection review”. The aim of the review is to seek ideas on how the SRA can better manage or mitigate the risk to consumers and how appropriately protected consumers are using regulated law firms.

There are two main focus areas covered in the review: operational approaches to managing risk and the Compensation Fund arrangements.

The SRA is considering various options, including enhancing risk identification processes and considering whether firms should hold client money, or whether these should be held in Third Party Managed Accounts.

The National Law Society is committed to maintaining UK’s human rights law framework through the European Convention on Human Rights which was shut down by the SRA, with a reported £64 million missing from the client account.3 The Legal Services Board has commissioned an independent review into the circumstances of the collapse.

The National Law Society is participating in and engaging in the review and is keen to ensure that any proposed regulatory changes are made with the appropriate level of engagement with the legal profession.

If you would like to discuss any of the issues arising from the above, please feel free to contact CLS on Chris.Thomas@appleyardlees.com.

https://www.lawsociety.org.uk/campaigns/ three-core-asks-from-next-government

1

https://prdsitecore93.azureedge.net/-/ media/files/campaigns/general-election/ general-election-member-guide-158kb.pdf?re v=7c954eafbe4141fcb9ccb906b46884ad&has h=208CD99CAFE694DFB57A7B0F0B291

2

https://www.lawgazette.co.uk/news/ companies-owned-by-axiom-ince-boss-godown-with-3m-debts/5119540.article 3

The SRA review follows the intervention in the firm Axiom Ince,

CJLD UPDATE Jonathan Dattani President of the CJLD Solicitor, Ashtons Legal LLP

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e at the CJLD continue to hold monthly events in and around Cambridge for legal professionals.

This includes our recent cocktailmaking event at Revolution Cambridge and our Punting & May Ball Fireworks in the park. If you want to connect with other professionals, make new connections, and try something interesting at the same time, then the CJLD is perfect for you. Our next event is Pizza in the Park scheduled for 16 July.

If you want to be kept in the loop, please reach out to us at cambsjld@gmail.com or subscribe via our website at www.cambsjld.org/.

Our BIG event of the year is the CYPG and CJLD Annual Charity Ball. This year, the Ball takes place on Saturday 21 September at the Hilton in Cambridge City Centre. Our theme is “A Night in Hollywood,” and we collaborate with our friends at the CYPG to create an amazing evening for you!

As the Ball draws closer, we are offering sponsorship opportunities to make the event not only the highlight of the year but also to give businesses the chance to be involved in raising money for our chosen charities, The Cambridge Cancer Help Centre, and The Cambridge City Foodbank. We have various sponsorship options available and are very happy to work with businesses to create the best promotional opportunities for them.

As always, we would also be extremely grateful for any raffle prize donations!

All proceeds from the sale of the raffle

tickets will be divided equally between our charities, so 100% of the takings will go directly to the charities.

Every year, our members get discounted entry at all our events, which includes the upcoming Annual Charity ball. We are pleased to announce we have rolled out our half-year memberships, for a fee of £25. This membership will take you up until Christmas, which will include our own Christmas Meal. If you wish to join as a member, please get in touch!

As always, a massive thank you to our amazing sponsor, Errington Legal Recruitment Limited. We strongly encourage those getting into law, due to qualify or those looking for a change of role to reach out to them at www.erringtonlegal.co.uk/.

CYPG UPDATE Megan Simpkins CYPG Committee member, Solicitor Birketts LLP

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he Cambridge Young Professional Group hosted their annual summer BBQ on 7 June 2024. The event was held at the Granta and luckily the weather held out for us this year (a very British concern to anticipate rain in June…). We had hot dogs, burgers, free booze and lots of new connections being made. Upcoming events include picnic and games, shuffleboarding and of course the Annual CYPG and Cambridge Junior Lawyers Division Charity Ball.

This year the annual CYPG and CJLD Charity Ball will take place on Saturday 21st September 2024 at the Hilton, Cambridge City Centre. The theme is a 'Night in Hollywood' and our charities this year are The Cambridge Cancer Help Centre and The Cambridge

City Foodbank. Please join us in this wonderful opportunity to give back to the community and of course drink and dance! Further information concerning tickets, menu choices and timings will be released at the end of June, so keep your eyes peeled.

In other recent news, we are excited to also announce that we have partnered with the Cambridge Network. We hope that this will allow our events to reach a wider audience and range of professionals, bringing greater networking opportunities to both new and existing members. Make sure you follow both the CYPG and Cambridge Network socials for any news on this collaboration.

to recruit new volunteer committee members. The committee meets once monthly in central Cambridge (usually with food if that’s an incentive!) and is a great way to get to know your fellow professionals and really expand your network. If nothing else, it is also the perfect addition to your CV to demonstrate your creativity and event management skills. The committee is looking to grow and would be keen to hear from anyone who would like to get involved – to express your interest, or even just to arrange an informal chat about what the position involves, please send an email to Abigail Reynolds at cyspg.org@gmail.com.

Finally, following our partnership and with the hope of our events becoming bigger and better, CYPG is looking www.cambslawsoc.co.uk | 21

CON29DW: The Full Picture Buying a house can be a long and confusing process for many homebuyers. It can be hard for them to understand and interpret search results, but making sure your client has the full picture of the house they are buying is so important. Geodesys aims to help demystify and speed up the process for both you and your client. The CON29DW is the only drainage and water report on the market that gives your clients all the information they need and is approved by the Law Society. It is designed to provide information on the public sewage and water networks and how they are connected to a specific address.

So, what makes the CON29DW so unique?

Reliability: You can trust that the data your client receives in a CON29DW is reliable, accurate and up to date. Geodesys gets the information in their report for customers in the Anglian Water region, straight from Anglian Water.

Although alternative drainage and water reports are available, known as regulated or personal drainage and water reports, these do not use water company data and data quality may not be as good.

Efficiency: Time is everything in the conveyancing industry. Geodesys understands that the time it takes to receive property information can cause delays and may even result in a transaction falling through. That’s why over 90% of their residential reports are delivered within 3 days of ordering, with many being delivered the same day.

Expert Support: The Geodesys team of expert Customer Service Advisors are dedicated to providing support and answering any questions you, or your client, may have at every step of the way. Your confidence in property decisions is their priority.

The CON29DW also comes with robust terms and conditions to support conveyancers and their clients.

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The terms and conditions include £10m liability cover and a commitment that in the unlikely event something isn’t right, we take responsibility for the information provided.

Whether you are acting for a residential or commercial property there is a CON29DW to help.

CON29DW Residential l Answers to all 23 Law Society copyrighted questions on drainage and water. l Includes two maps to illustrate the position of pipes. l Includes five pages of homeowner information. l Easy to navigate with interactive features.

CON29DW Commercial l Comprises of 27 standard questions aligning with the CON29DW residential report. l Is specifically designed for those purchasing or leasing land or commercial property and covers land or buildings used or proposed to be used for commercial activities. l Enhanced T&Cs and Indemnity.

If you’re ready for the full picture, head over to the Geodesys website to get in touch or call on 0800 085 8050.

Their team is here to answer any questions you may have.

EUREKA!

THE MAY 2024 EWI ONLINE CONFERENCE EWI held another excellent online conference in a similar format as in previous years, and it continues to work well! Even though many of us miss the “in person” attendance, online does save a lot of time, “working from home”.

K

itty St Aubyn chaired the 25th Conference throughout the day, the fourth held remotely. Kitty was very patient with the breaks in transmission (nothing unusual as we all know these days) and which make virtual conferences unique for keeping us participants on our toes. There were many individual highlights this year from our two keynote speakers: Sir Keith Lindblom and Mrs Justice Bacon - here are a few.

The Keynote Speeches Sir Keith Lindblom, senior President of Tribunals, gave an absorbing opening address. The theme was an exposition of the role of experts, and how that role has changed to meet modern needs.

We started with the ancient world and Archimedes of Syracuse (287-212 BC) “Probably the first expert witness we know of” said Lindblom. Archimedes was known for the enunciation of the law of buoyancy.

To bring us to earth, “as it were”, Archimedes was asked to determine whether some silver had been substituted into a pure gold crown made for King Heiro II of Syracuse. The expertise of Archimedes can be seen by his observation, whilst taking a bath, that the level in the tub rose as he got in. Archimedes realized that this effect could be used to determine the golden crown’s volume.

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Archimedes was so excited that he took to the streets naked, crying “Eureka!” with his discovery, thus giving King Heiro valuable expert advice that a cheaper, less dense metal than gold could have been substituted in his crown.

As a mathematician, Archimedes’ advice may have been called into question because of the extreme accuracy required to measure water displacement, but who is quibbling! It’s a great tale even if it doesn’t appear in any of Archimedes’ known works.

Lindblom moved down the years to Saunders J in Buckley v Rice Thomas (1554) who held that “if matters arise in our law which concern other sciences or faculties we commonly apply for the aid of that science or faculty which it concerns”. Lindblom offered the modern appreciation of a “good expert” from Lord Wilberforce, combining the 3 qualities: intellectual thoroughness and honesty; impartiality; and “sticking to one’s own expertise”. Wise words indeed for today’s expert- just in case we didn’t know already.

The address ended with (inevitably) the growth and appropriate use of AI with much more on AI to follow next year.

Needless to say, Sir Keith concluded that experts have come “a long way from Archimedes” which was spot on.

After working sessions on “lessons from the courts”; and “managing difficult situations” in the afternoon, there were sessions on “the expert witness in practice”, and “improving practice” highlighting traps for the unwary we closed with an address from Mrs Justice Bacon with a Q & A. Bacon J treated us to what was effectively a neat summary of the day in one sentence: “The fox knows many things, the hedgehog one big thing”. There was much more to her excellent address, including the emergence of “expert-led disclosure”, the relationship between lawyer and expert, and possible issues of bias which Counsel have certainly uncovered when adducing evidence. So, we saw at Conference the differences between the fox and the hedgehog within our own work.

A Word from Our Sponsors We must finally thank the Conference sponsors who presented some fascinating video clips of their work: Lead Sponsor DAC Consulting Services and Associate Sponsor, Bond Solon. Like Archimedes, there were a number of “Eureka!” moments throughout the day as Kitty and the EWI team explored the work of experts at all levels of expertise.

See you online in 2025!

USER PHILLIP TAYLOR MBE

www.cambslawsoc.co.uk | 25

Deputyship and Statutory Will Applications: How does a probate genealogy firm help?

As all Deputies and Court of Protection specialists will know, applying for a Statutory Will can be a complicated and time consuming matter. As part of the duty of care, and requirements for making a Statutory Will, it is necessary to hold a copy of the person’s existing Will, a draft of the proposed Will, details of their family, assets and income, as well as medical evidence of their incapacity in order to provide these to the court, together with any other evidence the court requires.

Anyone who would be potentially affected by the application (perhaps a beneficiary who would lose out, for example) will be a party to the court proceedings. Finders International specialises in researching P's next of kin, providing a verified family tree and a full report of the required findings to support your Application to Court.

Here are some of the ways in which a probate genealogist can help: 1. Verifying Family Tree Information: We can conduct thorough research to trace and identify all of P’s next of kin according to intestacy rules. We can do so with little or no contact with the family, at the authority of the Deputy, and ensure that our research is backed by documentary evidence.

The court or the deputy may receive information about P’s family from various sources, including family members.

This information can often be inaccurate; therefore, we can verify the accuracy of any information already held, ensuring that the family tree is comprehensive and reliable.

2. Resolving Complex Family Scenarios: In cases where the family structure is complex or unconventional, a probate genealogist can provide expertise in unravelling intricate family scenarios.

This includes stepsiblings, half-siblings, or other unique family relationships. With modern families spread across the globe our international expertise can assist in even the most complicated of family make ups, and wherever people may live.

3. Ensuring you are aware of P’s existing Will & financial assets Ensuring you know of any Will P may 26 | www.cambslawsoc.co.uk

have made in the past is crucial to this process. Finders can assist by conducting a comprehensive Will Search to identify any Will that may have been made before P’s affairs were managed under Deputyship Order. Additionally, a full missing asset search can also be conducted for P, ensuring that you are aware of the full financial picture.

4. Providing Evidence for the Court: The findings of a probate genealogist can be presented as evidence to the Court of Protection. This documentation helps validate the accuracy of the family tree and ensures the correct family members are notified of the process.

INSIGHTS INTO THE RESEARCH PROCESS A question that we are often asked is, ‘How do you do it?’ Many who have researched their own family tree will know that birth, marriage, and death records are essential in confirming findings. At Finders International, we also have in-house databases, local representatives, and a network of international researchers to assist with our research. Each case comes with its challenges, including children born out of wedlock, overseas research and common surnames. Our team work on cases with these elements on a daily basis and carry out research for Court of Protection teams all over the country, so have the experience to overcome these research hurdles.

CASE STUDY At the point of our instruction, the only information held was that P had a deceased partner and one living cousin.

Our research first confirmed that P had no children and was an only child.

Extensive research using all available genealogical resources confirmed that P had no living Paternal family. However, we confirmed that P’s maternal family was larger than expected.

During the course of our research, we identified 6 maternal aunts and uncles who left descendants, identifying a number of living cousins.

As part of our verification process, we obtained birth, marriage and death certificates and identified current addresses for all P’s next of kin. This information was provided to the Deputy in an easily digestible family tree and report, with appropriate supporting documentation. In this case, at the Deputy’s request, no contact was made with the family before our report was submitted.

Our involvement in this case was key, as we identified three more family members in addition to the cousin previously known.

This full picture enabled the Deputy to proceed with the Statutory Will Application and notify all the correct next of kin.

Finders International can assist predeputyship application if the court requires you to contact family, friends or neighbours of P. We can also assist with Statutory Will Application research, Missing Will and Assets searches, Administrator searches and Unoccupied Property Insurance.

If you have a case like the above or have any questions regarding our services, contact us today at quotes@findersinternational.co.uk, call 0800 085 8796 or visit our website www.findersinternational.co.uk.

LEGACY BEQUESTS REACH HIGHEST NUMBER EVER RECORDED T

he latest findings released by Legacy Futures reveals that legacy income received by its Legacy Monitor consortium members in the year to March 2024 was £1.81bn – 1% up on the previous financial year.

The income growth has been driven primarily by bequest numbers, which reached almost 60,000 – the highest number of annual bequests ever recorded.

Legacy Futures’ data suggests that the growth in bequests is, in the main part, a result of improvements in the probate process at HM Courts and Tribunals Service (HMCTS). The backlog of probate cases declined in the period analysed, implying that investments made in additional resources are starting to pay off.

Looking forward, the increased numbers of bequests coming out of the probate process and a less pessimistic

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outlook than expected for house prices means that the legacy market is predicted to remain resilient and show flat or potentially slow growth for the remainder of 2024.

Ashley Rowthorn, CEO of Legacy Futures, said: “Charities and supporters alike have felt, and are still feeling, the impact of the ongoing political instability and cost-of-living crisis.

Add to that the delays at probate, and legacy giving, although still a reliable income stream for charities collectively, wasn’t seeing the levels of growth that had previously been predicted.

It’s great news for charities therefore that bequest numbers have reached a record high and that efficiencies at HMCTS have started to improve.

Income resilience is what’s needed in the current climate and it’s very positive indeed that this research points to that being a reality for the future of the legacy market.”

About Legacy Futures’ Legacy Monitor Legacy Monitor is a consortium research programme to analyse, benchmark and debate trends in the legacy market. Set up in 2008, it incorporates an annual review of trends in the legacy market, and a quarterly benchmarking service. This year’s programme benchmarks 81 of the UK’s leading charities, who together account for almost half of the legacy market.

Thank you to our member charities for agreeing to share top-line legacy performance data with the sector, allowing information and insight to be gained. The next quarterly data will become available in August 2024.

CIVIL LEGAL AID PROVIDERS AT BREAKING POINT C

ivil legal aid work is loss-making for the majority of providers*, according to new research by the Law Society of England and Wales.

A study commissioned by the Law Society from Frontier Economics has worked with providers of housing and family legal aid, who are a mix of notfor-profit organisations and private solicitor practices, to understand in-depth their operating model and financial situation.

A final report analysing data from providers reveals: l Civil legal aid work is loss-making for the majority of housing and family legal aid providers sampled (82%) l All housing legal aid providers in the sample were loss-making from their civil legal aid work, including all private sector solicitors offering housing legal aid** l 47% of providers sampled working in family legal aid were also loss making l All not-for-profit providers sampled in both areas of law were making a loss

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Law Society president Nick Emmerson said: “This research reveals an untenable situation where reductions in fee levels by successive governments mean fee-earning staff cannot even recover the costs of providing legal aid, let alone generate a profit to make the organisation sustainable.

“Those who remain in the market are only able to do so by cross-subsidising from other areas and relying on the goodwill of staff to regularly work overtime, leading to real difficulties with recruitment and retention – especially at senior levels of the profession.

“Others are taking the decision that legal aid work is simply no longer viable and exiting the market, leaving areas of the country with no legal aid provision at all.

"This is just not sustainable and is resulting in massive market exit, with advice deserts growing across the country***. It is a significant concern when a city the size of Liverpool struggles to sustain housing provision and the family courts are flooded with

litigants in person. These figures provide clear evidence of the reasons why.”

Nick Emmerson concluded: “This vital research cannot be ignored if the UK government is serious about meeting its obligations to provide legal aid services. With the Civil Legal Aid Review now in its final stages, this research provides a model for future analysis and setting of fee rates at a realistic and sustainable level that is fair to both providers and taxpayers.

“Moving money around within the existing fee structures or between areas of law will not work and will only make other parts of the system even less sustainable.

“The Law Society’s work with Frontier has created a framework that government can use going forward to analyse the costs of providing a civil legal aid contract and the associated profits (or losses) from this work.

“Without a recommendation for a significant fee increase in all areas, the Review will not have been fit for purpose.”

PRIVATE COMPANIES IN A DISPUTE SCENARIO – SOMETHING WORTH FIGHTING OVER?

Simon Martin Partner

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ven for finance professionals, assessing the value of private companies can be a minefield. Unlike publicly traded shares there is no index of market values which can be obtained and relied upon with certainty.

When the possibility of a dispute and parties acting on principle are added to the mix, it can become an explosive cocktail. This creates a quandary for legal professionals seeking to understand the value at stake.

The general rule of business valuation is for the company to be valued on a ‘willing buyer, willing seller’ assumption.

This means that the valuer would look past an un-cooperative seller who states that they would not assist in the transfer of their knowledge and goodwill to the potential purchaser.

Whilst this is a helpful rule, it can also create unrealistic expectations in the minds of hard done-by minority shareholders who feel that they are sitting on a pot of gold. There can be no substitute for a formal valuation however there are a number of helpful clues for assessing whether the business in question does have underlying value to justify the time and costs of further investigation.

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COMPANY BALANCE SHEET

The balance sheet of a company shows the accounting value of all assets owned at a particular date, less the liabilities. The figure at the foot of this statement is the net asset value - technically the net asset worth of a company. In reality this is seldom the case as in many areas the market value can differ from the accounting value.

The below list could be helpful to inform an initial review of an asset base of a company. l PROPERTY – is a property owned?

This can often be the easiest win. The accounting value for property is not generally the market value and can be the carrying value from a purchase made decades ago. If any value for property or land is shown in the fixed asset note, no matter how small, it is advisable to obtain further details on the location and asset type. This information can then be used as an approximation whether there is hidden value in this area. l INVENTORY – for accounting purposes, stock should be valued at the lower of its cost and the potential value on sale.

Whilst there is not normally a valuation adjustment here, a wide margin between the two figures accompanied by the stock being in a state ready for

resale, could give scope for negotiation.

Especially if the business is being valued on a ‘fire sale’ basis. l INVESTMENTS – this asset category can cover a wide range of assets.

At the most basic level this could be a parcel of listed shares or it could indicate the existence of one or more trading subsidiaries. Investments in other companies would be particularly interesting as substantial trade and assets may be hidden away from the view of this company’s balance sheet. l OVERSTATED LIABILITIES – these can be used to artificially decrease the overall net asset value of a company.

Common examples include overly prudent reserves for items such as future dilapidations, warranty claims or restructuring. This is often a hard area to gauge from the accounts alone. l INTELLECTUAL PROPERTY – can indicate that the company has been developing an asset or product with a view to monetising this at a future date. Where this exists, a seemingly loss making company could have a value higher than expected. l CASH – the strongest sign of a valuable company would be a sizeable cash balance indicating history of strong profits in excess of the amounts drawn out. This often occurs in owner managed businesses, as the cash is ‘money boxed’ to avoid a tax charge on extracting the funds from the company. l PROFITABILITY – whilst not a balance sheet item, the overall profitability of a company should be treated with caution. In a sale scenario, the profit figure is ‘normalised’ to allow for potential non-market rate transactions. This could include nonbusiness expenditure being added back to increase profits, or a decrease in profits to reflect the lack of a salary for the Director/Shareholders.

Ensors Corporate Finance team are experienced in undertaking and assessing valuations for commercial and dispute scenarios. Please contact Simon Martin for practical advice on any valuation dilemmas.

SOLICITORS’ PROFESSIONAL INDEMNITY RENEWAL: INSIGHTS FROM AN UNDERWRITER According to Law Society surveys, one of the most significant outlays for a law firm.

As PII is compulsory it is not surprising that at times it can feel like a frustrating purchase. So what are underwriters looking for and how can you find an insurer that suits you?

The danger of optimism bias

Optimism bias, the tendency to overestimate the likelihood of experiencing positive events and underestimate negative ones is a challenging mindset when it comes to managing risk. The reality is that claims against law firms do happen. At HDI, we have insured hundreds of firms on a primary basis for over 15 years. In this time, we have seen many examples of claims and allegations brought against law firms. The financial, emotional and reputational toll can be huge.

Law firms are operating in a rapidly changing world, and it feels as though the pace of change is increasing. At HDI we believe in preparation rather than in prediction, and we insure firms whose values align with this business philosophy.

We can’t always see what is coming, so building resilience within the firm is key to navigating what might come next.

At HDI, what are we looking for?

As your insurer, we are there for you when the worst happens. However, insurance is just one tool in your armoury against risk. We look for firms that invest in a clear and robust risk management strategy. We want to hear about how you identify and manage risk in your firm, which can include risk management planning, business continuity plans, file review policies, supervision policies and external audits.

When reviewing a firm’s proposal form, I like to pay particular attention to the answers that help to give me an 34 | www.cambslawsoc.co.uk

Sarah White Underwriting Manager HDI Global Specialty SE insight into the culture of the firm. Your submission can be really enhanced for example, by sharing the history of your firm, any particular specialisms, your future goals, the type of work you like to do and the type of work that you would turn away. These things allow us to take a more holistic view of your firm, beyond the rating data that is captured in a proposal form.

Getting your submission in early and in full order is vital. Work with your broker to ensure you have up to date claims summaries. It is also really helpful to include a narrative around any open and closed claims. Things like, what the allegation was and what lessons have been learned. The fact that you may have experienced a claim is not always an issue – at HDI we recognise that there is often a story and we are open minded and willing to listen.

What is on the horizon?

We are seeing an increase in the frequency of high value claims. The reasons for this include, rising asset values, more complex transactions and defence cost inflation. Worryingly the market has begun to see claims exceeding the compulsory primary limit. Firms should have heightened risk

management measures in place when taking on matters of high value, or when acting for clients of considerable net worth.

Conveyancing remains the main source of claims, both from a frequency and an overall cost. In addition, there is a notable jump in claims from wills, trust and probate work. The drivers for this are a combination of more complex family structures, increases in overall estate values and the challenges that can arise with people living longer. Our advice is that this would be a good time to conduct a review of policies and procedures and implement targeted refresher training for staff.

Looking further into the future, insurers will be considering the impacts of the economic and political environment as drivers for claims, the impact of AI, the continued threat from both cyber and fraud. At HDI we believe that we have the strength and stability to support our insureds now and for the long-term.

If you are a firm with a turnover of under £20m and would like to obtain a quotation from HDI please contact Lockton Insurance Brokers.