D&DLS 71

D&DLS Bulletin Derby & District Law Society

Also in this issue:

QUIZ M R I C F H R

ET AI

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5

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Oct / Nov 2017

NGE 2017 • LE AL

UAL I N N NT •A E

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L S O N PA

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Will Aid • Derby Legal Walk 2017 • Peter Ball’s ‘Supercar’!

Gold Patrons of the Society

D&DLS Bulletin Derby & District Law Society

Oct / Nov 2017

Contents 3 - Contents & Editorial

9 - Derby Legal Walk 2017

17 - Recruitment

4 - List of Officers

10 - Derby v Notts Law Soc. Cricket Match

18 - Should I Outsource my cashroom?

5 - President’s Page

12 - Will Aid

20 - Outsourcing your payroll

6 - Meeting of Criminal Defence Solicitors

14 - Peter Ball’s ‘Supercar’!

22 - How can you really be heard?

15 - Annual Inter Firm Quiz Challenge

24 - Bending over backwards

6 - Derbyshire Wildlife Trust

15 - Christmas Drinks Reception

29 - Law Society News

7 - Council Member’s Report

17 - CPD Training Programme

30 - Fraudulent Bank Calls

and the Magistrates Court Association

Editorial One minute the children are going back to School after their mammoth Summer break and the next they are breaking up (again!!) for half term. These children are never at school, why when I was a girl – at which point I feel myself drifting off into a Monty Python sketch that all those of a “certain age” will remember and will have mimicked at some time in their lives!

I have had some feedback on the DDLS web site – thank you. I am getting used to it and trying to keep it up to date with events and vacancies etc. I know it’s not perfect but please use it as much as you can and send me ideas, contributions and photos. One comment was the use of “stock” photos and I am trying to replace those with pictures of YOU. As an example the photo on the training page is now from the Contentious Probate course kindly put on from Lorna Trueman from Flints.

Derby Junior Lawyers had huge success with the Derby Legal Walk – well done and thank you to everyone who helped and took part. There is

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a write up on page 9. Please support DJL as much as you can they are enthusiastic and keen and the DDLS Committee of tomorrow. Plus whenever I e-mail for a favour they actually reply!!

We have run two well received courses recently and I will look into providing courses on any topics you choose from GDPR to managing the work life balance but, in spite of what my husband thinks, I don’t read minds so please e-mail me with requests.

The School Debate Competition now has entries from 8 Derby City Schools, a total of 15 teams are entered, which is daunting and exciting in equal measure. Young Lawyers have been visiting those Schools and ALL the feedback from those Schools about our young Ambassadors has been positive. The University Students will be going in after half term to mentor the children and the debates will start in December culminating in a grand final in the Court Room at the Law School in March 2018.

Whilst mentioning the Law School congratulations to our very own Sue Jennings

on her appointment as Head of Law at Derby University. Hopefully she will have a spare moment to attend committee meetings.

On the social side of DDLS I very much enjoyed the Cricket match and well done to everyone who was up for a fun afternoon and took part. There is a Christmas Social on the 6th December at the Art House on Friargate starting at 5.30pm, £10 each including a glass of Prosecco and food from Okra next door. Please spread the word - it would be lovely to get as many people from the legal world together as we can. Not forgetting the Quiz on 15th November, please get your silly team names in to me asap.

I have proof that at least two people read this Editorial as they kindly emailed about the quote in the last Bulletin which is attributed to Nelson Mandela. Thank you, thank you. So sticking my neck out with something that will appeal to an entirely different audience but is at least topical “All those moments will be lost in time, like tears in rain.” Any one ????????????

Julia Saunders admin@derbylaw.net 01283 734989

Advertising Simon Castell

Accounts Tony Kay

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Managing Editor Julia Saunders

Published October 2017

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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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Officers and Committee Members for 2017 Officers

President* Simon Stevens Eddowes Waldron 01332 348484 sws@ewlaw.co.uk Vice-President* Ben Lawson Geldards LLP, Derby Tel: 01332 331631 Deputy Vice-President* Martin Salt Simpsons Solicitors Tel: 01332 424511 martin.salt@rightprobate.com Honorary Secretary* Fiona Apthorpe Geldards LLP, Derby Tel: 01332 378335 Fiona.Apthorpe@geldards.com Honorary Treasurer* Martin Salt Simpsons Solicitors Tel: 01332 424511 martin.salt@rightprobate.com Immediate Past President* Andy Cash Cartwrigt KIng, Derby Tel: 01332 346111 andy.cash@ cartwrightking.co.uk

(* = Ex-Officio) Parliamentary Liaison Officer Julie Skill, Elliot Mather LLP Chesterfield Tel: 01246 231288; julie.skill@elliotmather.co.uk Public Relations Officer (+)

Vacant Derby Junior Lawyers Ellis Pugh Geldards LLP 01332 331361 ellis.pugh@geldards.com Natalie Yeung Geldards LLP 01332 331631 natalie.yeung@geldards.com Constituency Council Representative, Derbyshire (+) Michael Williams Tel: 01298 24185 mwilliams@bemerton.co.uk

Other Committee Members Scott Atkins Derby School of Law Tel: 01332 593445 S.Atkins@derby.ac.uk Tina Attenborough Attenborough Law, Derby Tel: 01332 558508 tina@attenboroughlaw.co.uk Andrew Cochrane Flint Bishop, Derby Tel: 01332 340211 Via nikki.rennie@flintbishop.co.uk Diana Copestake Freeth Cartwright LLP Tel: 0845 2725674 diana.copestake@freeths.co.uk Paul Hackney Geldards LLP, Derby Tel: 01332 331631 paul.hackney@geldards.com David Hardy Tel: 01332 842008 david.hardy1630@gmail.com Elizabeth Haysom Derwent Law 01332 780718 elizabeth@derwentlaw.co.uk Sue Jennings Tel: (M) 07946 609436 robskelding@squarise.co.uk Lewis Rose, OBE Flint Bishop, Derby Tel: 01332 226127 lmrose@flintbishop.co.uk Claire Rudkin Flint Bishop, Derby Tel: 01332 340211 claire.rudkin@flintbishop.co.uk Manesha Ruparel Alexander & Co mr@aandco.co.uk Tel: (01332) 600005 Mike Simpson Simpsons Solicitors, Derby 01332 424500 mike.simpson@ simpsonslawuk.com Susan Woodall Astle Paterson, Burton Tel: 01283 531366 suewoodall@astlepaterson.co.uk Stephen Woolley Geldards LLP, Derby Tel: 01332 378335 stephen.woolley@geldards.com

(+) attend Committee by invitation

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Solicitors’ Benevolent Assoc. area representative Peter Lord 9 Larkhill, Swanwick DE55 1DD Tel: 01773 541753 Administrator / Bulletin Editor Julia Saunders, 14 Risborrow Close, Etwall, Derby DE65 6HY Tel: 01283 734989 Mobile: 07964 358042 Email: admin@derbylaw.net.

Sub-Committees (Secretary in italics) Contentious Business Stephen Woolley Paul Hackney Mary Honeyben David Hardy Karen Reynolds Gary Adamson (01332 347300) Rebecca Carr (01332 221722) Katy Fugle (01332 367051) Steven Savage (01246 220737) Criminal Litigation Simon Stevens Andy Cash Quentin Robbins Andrew Oldroyd (01332 225225) Nick Wright (01332 364751) Education & Training Sue Jennings, & all Sub-Committee Secretaries Employment and Business Law Sue Jennings Family Law Fiona Apthorpe Diana Copestake Ben Lawson Manesha Ruparel (01332) 600005 Julie Skill Vince Beckworth (01332372311) Melanie Bridgen (01283 2264440 Claire Dean (01335 345454) Liz Doherty-Astle (01332 592523) David Guthrie (01332 293293) Liz Guyler (01773 749955) Nick Herbert (01332 293293) Janine Hobday (01332340221)

Ruth Jones (01332346084) Gareth Protheroe (01332 340211) Natalie Yeung (01332 331631) Finance Andy Cash Simon Stevens Ben Lawson Sue Woodall Fiona Apthorpe Di Copestake Private Client Claire Rudkin Martin Salt Nikki Spencer (0115) 932 4101 Christine Hinkley (01332) 836666 Kim Kirk (01332) 600005 Tim Dysterre-Clark (01332) 600005 Kirsten Wood (01332) 340211 Rachael Francis (01332) 340211 Julie Cook (01332) 340211 Dervla McLaughlin (0115) 932 4101 Property Law Vacant, Sue Woodall, Adrian Crowther (01332 340211), Rachel Bale (01283 561531), Natalia Delgado (01246 231288), Sally Gill (01246 231288), Stephen Gordon (01246 270112), Michael Taylor (01773 822333), Hugh Walford (01773 823999), Elizabeth Wallis (01629 812613), Andrew Cross (01629 582308), Charlotte Rosser (01332 291431).

Professional/Regulatory Purposes Subsumed into the Full Committee – working groups to be convened according to the subject at hand.

Sole Practitioners’ Group (SPG) Tina Attenborough

(Last updated 18th August 2017)

President’s Page Welcome to the latest bulletin from DDLS.

23rd November from 5.30 onwards. Free sandwiches and chips again hopefully too!

The last few weeks have seen me attend a several events on behalf of our Society. The first in my calendar was the Northamptonshire Law Society Annual Awards Dinner on Friday 29th September 2017 at the Northampton Marriott Hotel.

Here I met many colleagues for a wonderful evening that was both well organised and well attended.

They have ditched the long speech format and moved to a more charitable event with a presentation by a local charity and support given to them in the form of a raffle drawn on the evening in return for donations. Top prize was the donation of a Maserati car for the weekend. Sadly I didn’t win this, but the thought of leaving it parked outside my house on a very narrow Victorian back street with the neighbours curtains twitching made me smile.

Finally the whole Committee extend our invitation to join us at the Art House on Friar Gate on the 6th December at 5.30 for a Christmas social. See page 11 for more details.

Next came the Derby Legal Walk. A small team joined from Eddowes Waldron which got smaller as got too close to the Exeter Arms set off on the 2 hour(ish) walk around the City Centre and out to Pride Park. I tend to walk everywhere these days as it is easier for me to walk to work than drive. We took in the many of the very well known sites including the Cathedral, St Marys Church, the Silk Mill through the River Gardens and out to Pride Park along a nice stretch along the River Derwent. A few of my cheerier clients were pleased to see us and shouted their hellos along the way. Thankfully no one was robbed along the route and we all came back safely with our mobile phones. The walk was very well attended and organised, even the weather was great. For anyone who missed out on it I would hope that they consider joining in next time.

Last Sunday I attended the Cathedral for the High Sheriff of Derbyshire’s Legal Service. High Court Judges, Circuit judges and High Sheriffs in all of their splendour were joined by our District Judges, Jp’s and Chief Constable. Again this was a very well attended service with dignitaries both local and from afar. Her Honour Judge Shant QC read the second lesson, The Parable of the Good Samaritan, a story we all probably know well stating that it is our duty to look after the welfare of all those we encounter, regardless of social status, ethnicity, or religion. This message, as lawyers we understand and strive to live out daily.

Simon Stevens, President, 2017-18

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We have a busy social diary over the next few weeks where I would love to see more of you attend.

For those of you who have already booked a team into the Quiz on the 15th Of November at the Derby Cricket Club I will look forward to seeing you there. If you haven’t yet entered a team and want to participate then please e-mail Julia at admin@derbylaw.net to book your team of 4 in.

There will shortly be confirmation of the next Higher Courts Advocates Mess at The Silk Mill Ale and Cider House on Thursday

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Meeting of Criminal Defence Solicitors and the Magistrates Court Association On the morning of 7th October Nick Wright and Andy Cash addressed 50 plus members of the Magistrate’s Courts Association meeting at Derby Magistrates Court. The Chairman, Barbara Richardson had responded to our request to give some insight into the work of Defence solicitors by inviting us to speak.

The meeting was very well attended with Magistrates from Chesterfield, Mansfield and Nottingham attending in addition to members of the Derby bench.

Nick and Andy spoke first of how solicitors qualify, how they are paid,[or not], the tribulations of legal aid rates and the effects of reduced eligibility. Later Nick explained his input to the Criminal Justice Board, the solicitors role in court and the relationship with clients, while Andy dealt with private client work and the Duty Solicitor Regulations.

The event was well received and many of the audience reported that a valuable insight had been provided into an area of the judicial system where they had previously been ill informed. Hopefully the talk can be repeated, possibly to new magistrates on appointment.

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Nick Wright and Andy Cash

Council Member’s Report As so often is the case, the most valuable work is done behind the scenes by the various expert Committees (of which the Brexit one is a good example). These are composed mainly of non-Council Members and if anyone is interested in becoming involved in influencing a particular area of the law, please have a word with me because vacancies occur regularly and I would be happy to provide more information.

The report to the Law Society Council setting out the work being done on Brexit was circulated to you recently.

Although it was presented to us a confidential paper, I said I could see no reason not to circulate it to the profession and everyone agreed.

I thought the paper demonstrated the sort of things the Law Society does very well on behalf of the profession. While some solicitors will be more affected than others, we should all be concerned that the best possible outcome is achieved following the Brexit vote.

I have got myself elected to the Council Membership Committee which is currently considering proposals to the Reform of Council. Your Committee is very clear on the value of Council Members acting as a link between Chancery Lane and the profession locally and I have done my best to canvas their views on the various issues arising as well relaying back to them what is going on nationally.

There is about to be a consultation of the profession concerning the standard of proof for the Solicitors Disciplinary Tribunal which should apply in disciplinary cases. At present it is the Criminal Standard (beyond all reasonable doubt) unless the Tribunal is hearing appeals from decision of the SRA where, following a decision of the Divisional Court, the Civil Standard (balance of probabilities) applies.

Leaving aside the absurdity of a Tribunal operating with different standards of proof, there is long standing judicial authority for the current position of the Law Society supporting the Criminal Standard (see in re a Solicitor (1993 Q B 69)) but in recent times the courts are tending towards the Civil Standard especially in children’s cases and sex abuse cases (apart of course from criminal trials).

Other professional bodies use the Civil Standards. Indeed it was forced on the General Medical Council by the Health and Social Care Act 2008 following the Shipman case.

The argument in favour of change is that professions have rules setting them apart

from everyone else in order to protect the public. So if you deal with a solicitor you know that solicitor has attained a level of competence by examination, has proper indemnity insurance and has to observe strict rules in handling other people’s money. It is therefore argued that a profession should put protection of the public ahead of protection of its own members. In considering the implication of this, it would be very wrong to think that the balance of probabilities means 51%. The judges have repeatedly made it clear that this is not so and that the more serious the case the higher the bar.

I would oppose to my dying day any watering down of the standard of proof in criminal trials, but I fear change is going to be forced on us in professional disciplinary cases and in replying to the consultation we should consider whether we should bite the bullet and gain the Brownie points such as they are for changing voluntary rather than having change forced upon us.

Deficiencies in a solicitor’s accounts are self evident but there are other types of cases where the evidence is not so obvious.

I have set this out for you so you have the full picture before you when deciding how to respond.

Constituency Council Representative, Derbyshire Michael Williams Tel: 01298 24185 mwilliams@bemerton.co.uk

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Derby Legal Walk 2017

no longer able to access the relevant services.

The purpose of the walk was to raise important funds for such legal advice services to help them give those in need of legal advice the help and support they need for justice!

The actual day started off with registration at the Derby Law School (many thanks for the venue), followed by a quick picture of the walkers at the ‘Derby Gaol’ and off they went… a slightly-longer-than-10k walk around Derby City Centre and all the way up to Pride Park!

DDLS President Simon Stevens walking the “walk” (far right) and new DYL President Ellis Pugh getting in on the act in the bottom left picture!

Well done everyone!

At around 7:30 (so only 2 hours after everyone had set off), the walkers started arriving back at Pitcher and Piano for reception drinks. A huge thank you is owed here to the venue for agreeing to host the event free of charge and to the DDLS for providing the brilliant prosecco reception.

Monday 2nd October saw Derby’s first ever legal walk organised by the Derby Junior Lawyers in association with the Derby and District Law Society and the Midlands Legal Support Trust.

As you are no doubt aware, since the recession hit, legal aid was massively cut by the Government which often means that those in the most desperate need for free legal advice are

Nearly 100 walkers took part in the walk and at 6th October 2017 the event had raised over £2,300 including gift aid. It was an extremely successful event, with the walkers doubling our original target to raise £1,000!

The DJL’s President, Ellis Pugh, stated that ‘he was pleased with the event and the preparation, and very proud that so many walkers had taken park in such a fantastic event to raise money for justice.’

Watch this space for next year’s walk!

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DDLS v Notts Law Society 24th August 2017 at Attenborough CC

we only had 10 players until half way through the batting when a willing(!) volunteer was found.

The weather for the late afternoon game could not have been better.

As a few of the Nottingham players were still en route they went into bat. Their opener was clearly a bit of a ringer as he quickly made his way to 50 and had to retire. Ben, wicket keeper, Lawson kept

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his concentration and only let a few passed, which sadly then went for fours. Ellis looked like he had stopped a fast ball headed for the boundary only to have it emerge through his legs and make four. To be fair he redeemed himself later on with a great catch. Bowling was good quality with very few wides given away. Good work for saying that

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Going into bat our openers Ellis and James looked strong until a mini collapse, Ellis was stumped out of his crease in spite of a comedy dive straight out of Tom and Jerry. A few more batsmen came and went cheaply. Rhys has obviously played a bit of cricket in his time and piled on a few runs. Martin had a swing at thin air, missed and hit the deck - sadly not caught on camera.

The partnership of David and Tim stopped the rot and piled on some runs. Witnesses saw David run – several times! Well done everyone.

Final score Nottingham 168 runs and Derby a presentable 116 runs.

Everyone who took part enjoyed themselves and the photos are witness to the few pints consumed following the match.

Thanks to Ben Lawson, Tim Dysterre-Clark, Philip Bramall, David Williams, Martin Salt, Nick Wright, Rhys Wyborn, Manjot Singh Shokar, James Newton and Ellis Pugh for being good sports and taking part.

Thank you to David Williams for organising the event and Attenborough Cricket Club for generously hosting us.

Lawyers needed for will-writing charity drive Lawyers across the UK are being urged to sign up to a month-long will writing scheme and help raise money for nine of the UK’s best loved charities, whilst helping local people get their affairs in order.

Legal firms are being asked to sign up to Will Aid Month, which takes place across the country from 01-30 November 2017.

The programme relies on solicitors to pledge their time and support for the cause which sees them provide the Will writing service for free in return for a charitable donation to charity from their client.

Peter de Vena Franks, campaign director for Will Aid said: “Will Aid 2016 was a fantastic success but we are really hoping 2017 will surpass that. We want this year to be bigger and better than ever before.

Statistics from our poll for 2017 show that over 50% of people don’t have a will, so we really need solicitors who are willing to provide this vital service.

“Solicitors raised huge amounts of money in 2015, but we want even more solicitors to sign up to and donate their time, so we can help more and more people get their finances in order.

“Having a Will is one of the most important, yet easiest things to tick off the to-do list and our charities benefit as a result!”

Solicitors who take part meet new clients and get the opportunity to promote their business.

Last year Will Aid raised more than £1million for charity.

Across the UK, Will Aid Solicitors and their clients have contributed more than £17 million in donations and an estimated £95 million in legacy pledges since the campaign was founded more than 25 years ago.

The campaign is proud to have helped more than 300,000 people to write a proper will with a professional solicitor.

As well as helping people to protect their loved ones by writing a Will, Will Aid transforms the lives of thousands of people whose lives are characterised by deprivation, isolation and poverty.

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Bringing hope, opportunity & choices to lives affected by eating disorders.

The UKs leading “Expert by Experience” & Award winning eating disorder charity.

Providing Research, Education & Treatment t: 01332 367571 e: cathy@firststepsderbyshire.co.uk w: www.firststepsderbyshire.co.uk f: www.facebook.com/firststepseatingdisorders t: @FirstStepsED

All donations are very welcome, please call us on 01332 367571 to help.

First Steps Derbyshire, Ingham House, 16 Agard Street, Derby DE1 1DZ www.firststepsderbyshire.co.uk @firststepsed

WHAT WE DO The charity was established in 1974 by a local Derby resident called Etheleen Mildred Wigley after reading about the death of a neglected child. Originally called “Concern Association Derby” it acted as a meeting place for parents to attend and discuss any issues they may have been facing.

The charity operates from its premises on Leopold Street; providing supervised contact, family support and mentoring services.

• Supervised Contact Service • Family Support Service • Mentoring Service

www.childrenfirstderby.co.uk www.facebook.com/childrenfirstderby.co.uk 13 Leopold Street, Derby DE1 2HE Tel: (01332) 341516

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Peter Ball’s ‘Supercar’! impressive acceleration from a standing start via the electric drive.

Perhaps due to it being my first drive on the circuit I probably didn’t get the most out of the car on the 3 laps we were allowed, so it was more of a further familiarisation than a true all-out drive. Still a lot of fun, nonetheless. 7 out of 10

Then on to the Porsche 911, where I felt a bit more comfortable with the track layout and conditions and so gave it a bit more ‘welly’ – I definitely got more of the sense of the Porsche being a ‘driver’s car’ than the Beemer. 7.5/10.

Next? The Aerial Atom, described by my instructor as a ‘climbing frame on wheels’ – all tubular chassis, no bodywork to speak of, a manual gearbox (the only one of the 5) and a power-to-weight ratio and consequent acceleration to blow your eyebrows off. Not strictly a ‘supercar’, being conceived as a purely fun exhilarating track car, it was by far and away the best thus far – 9.5/10.

When I was presented at the Annual Dinner with the engraved silver wine cooler to mark my impending retirement, I was also given a red envelope. Mistakenly assuming it to be an accompanying card, and not wishing to take up too much time, I chose not to open it whilst at the microphone. When I did so I found that instead of a card it was a voucher for a ‘5-Supercar driving experience’, which I eventually booked for August 30th, at Mallory Park.

On the way down it rained almost all the way, but when we arrived the rain had stopped, but the track was still damp, which promised to make the day even more ‘interesting’ – particularly as we are told in no uncertain terms that ‘one spin on the track and you are finished’!

Then from the sublime to the ridiculous – an Aston Martin DB9.

Also not really a supercar as it is more of a Grand Tourer – and at 2 tons, compared to the previous 3 it drove like a wardrobe on wheels. Everything was push-button, you were completely isolated from the road, and the walnut trim (none of that frippery in a proper supercar!) was in fact plastic, so not at all impressed – 5/10.

After the safety briefing were taken in groups of 4 on a familiarisation lap (in a Skoda!!) before going to the first of the 5 cars we had each chosen – in my case the new BMW i8 hybrid– very stylish, with paddle gear-shifts and a head-up display instead of a dashboard, and with

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They say you should always save the best till last – although in my case it was sheer good fortune - but my final drive was a Lamborghini Gallardo; phenomenal!! Absolutely one for ace petrol-head Andy Cash to have a go in - superb handling, and the growl from the turbocharged engine just behind your head when you accelerated was spine-tingling. By now the track had dried out enough for there to be a racing line, and I felt pretty comfortable with the braking and turn-in points, so was able to really commit, and had 3 of the most fun high-speed laps of the day – it ranks equal with the Atom at 9.5/10.

In retrospect I should have dispensed with the i8 and DB9 and paid the premium to choose a Ferrari and Maclaren roadcar – but it was still a fantastic experience, and I thank the Society for making it possible.

I’m afraid that the photos Chris took on her iPad on the day were not the best as she was some distance from the cars most of the time, so here are a mix of shots of the actual cars (and me!) plus stock shots of those which didn’t work out, so that the non-petrol heads among you can see what I have been talking about – suffice to say that you are unlikely to be offered any of these as a company car – unless you are a Partner in a Magic Circle firm!.

But we were not finished yet – we were again put in groups of 4, this time for a ‘hot lap’, driven by one of the circuit’s instructors – in a Vauxhall/Holden VXR8 ‘muscle-car’ – compared to him I had been driving with the handbrake on!

Now it’s back to my post-retirement regime of gardening, decorating and travel – and my Vauxhall Astra..

Peter Ball

Social Quiz Challenge 2017

Derby

& District

Law Society

Christmas Drinks Reception ❦

2017 INTER-FIRM QUIZ WEDNESDAY 15TH NOVEMBER, 2017 Top Floor, Gateway Centre, Derbyshire Cricket Ground 6.30pm for 7.00pm • Teams of FOUR • Pub Quiz Format ALL employees are invited to join in – Solicitors, legal execs,

Wednesday 6th December The Art House, Friargate, Derby DE1 1BU

trainees, support staff – everyone Entry £10 per team (incl VAT) Quiz Challenge Trophy for the winning team Quiz master extraordinaire Peter Ball

There will be a bar and a fun quiz. The aim is to have a good time and maybe involve some support staff as a team-building exercise. The venue is now called the Elite Performance Centre at DCC. Enter the ground directly off Pentagon Island.

Please enter as many teams as you can by e-mailing Julia at admin@derbylaw.net and you will be sent details of how to pay to secure your team a place.

£10 per person to include a welcome glass of Prosecco and food by Okra Arrival: 5:30pm Join us at this quirky exciting new venue (which is next door to Okra) for a perfect evening of Indian Cuisine by Okra, wine and excellent company at the Art House.

Please e-mail Julia at admin@derbylaw.net with how many people from your firm/ organization are going to be attending and you will receive details on how to pay etc.

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DERBY & DISTRICT LAW SOCIETY CPD TRAINING PROGRAMME 2017 Area

Course Title

2017

Family

CPD Hours

Date

Level*

2017

Business Assets in Divorce Masterclass

6

Venue

Book Via**

2017

tbc

2017

Intermediate

tbc

CLT

Details of dates and venues where not shown, and of further courses, will be added in due course KEY * Intro =Introduction; Inter = Intermediate; Adv = Advanced; U = Update ** For further enquiries regarding booking or administration of CLT courses please contact CLT COURSE ADMINISTRATOR

on 0121 355 0900 ** For enquiries/bookings for D&DLS Direct courses, or comments or suggestions for future courses please contact

Julia Saunders at admin@derbylaw.net. ** FOR D&DLS COURSES, PLEASE POST-DATE YOUR CHEQUE TO D&DLS WITH THE DATE OF THE COURSE

indicates new/amended information, or an addition to the programme D&DLS Members qualify for significant discounts on the above & other CPD courses & will receive details of CLT courses personally 4-6 weeks beforehand. FOR D&DLS Direct EVENTS SEE D&DLS Bulletin FOR DETAILS AND BOOKING FORM.

Recruitment

Elliot Mather LLP is one of the premier firms of solicitors in the East Midlands, having offices in Mansfield, Chesterfield, Matlock, Nottingham and Derby and offering a full range of legal services.

Care/Family Solicitors – Chesterfield & Mansfield

We are seeking enthusiastic and motivated individuals to join our established Public Law Care team, one in Chesterfield and one in Mansfield. The successful candidates would ideally be 1-3yrs PQE Family lawyers with an interest in Children Act work and with aspirations to develop into Public Law child care lawyers. Previous exposure to Care work would be an advantage but not essential as full training and development will be provided.

The successful candidates will also have an enthusiasm to do their own court advocacy once those skills have been developed. The roles will involve working from both our offices in Derbyshire and Nottinghamshire.

An attractive salary commensurate with qualifications and experience will be offered, together with the benefits of working in a friendly and professional environment.

All applications should be made in writing with full C.V. and current salary details to: Please email your CV to Alan Grant, Chief Operations Officer, on alan.grant@elliotmather.co.uk We are an equal opportunities employer.

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Should I Outsource my Cashroom?

Compliance with the Solicitors Accounts Rules, Outcome Focused Regulation and COLP & COFA responsibilities add to the burden of running any legal practice, large or small.

For larger firms with teams of legal cashiers to maintain day to day records, monitor irregularities and report breaches to financial controllers or superiors, the burden is of cost, but the firm is safe in the knowledge that they are regulatory compliant.

Smaller firms however may employ a full time legal cashier which is not financially viable for the small number of transactions being processed or a sole practitioner may try their hand at processing the legal accounts themselves.

What could go wrong?

Recent rulings by the Solicitors Disciplinary Tribunal have shown a growing trend of Solicitors being struck off for breaching the Solicitors Accounts Rules, from using client funds to fund office account transactions, using client accounts as banking facilities or not having proper and correct accounting records.

A key breach is the late posting of transactions which as a pattern of behaviour, becomes a material and reportable breach.

It is clear that some smaller practices need support and could benefit from outsourced support.

How does it work?

Outsourced Legal Cashiering firms are able to provide ad hoc remote support to firms across England & Wales such as Ascentant without the need to be onsite.

By setting up a user account within the firms IT system and creating a Virtual Private Network (VPN), remote access can be provided to the firms Practice Management System to process transactions. This may include systems such as Tikit Partner 4 Windows, Peppermint, Aderant, 3E or SOS. Accounts payable invoices, expenses and client bills can be emailed for processing, uploaded via a portal or stored in a shared workspace for processing.

Bank transactions can be accessed via read only bank account access or hard copy statements, allowing compliance with the Solicitors Accounts Rules.

What should I consider?

Amongst a number of considerations, you should think about: IT System access – How are your systems hosted and how will they be accessed?

Workflows – Will you utilise a shared workspace? A portal? Or email documents?

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Compliance with the Code of Conduct – You should inform your clients of an outsourcing agreement per outcome 4.1 of the code of conduct.

Confidentiality – A binding agreement should be drawn up at the outset of any agreement per indicative behaviour 4.3 of the code of conduct.

Can you work onsite too?

Ascentant are based in Derby and therefore in addition to providing remote outsourced support, are able to work onsite for Legal Practices in Derby and across the East Midlands.

We can work in your Cashroom or drop in to collect hard copy documents as and when required.

Can you provide holiday or sickness cover?

In addition to providing full outsourced Legal Cashiering, we are able to provide short term onsite or offsite holiday or sickness cover – Negating the need for recruitment agencies to provide temporary workers.

What other services can be provided?

In addition to Outsourced Legal Cashiering, Management Accounting, Payroll, VAT assistance and Compliance can be provided.

Benefits By outsourcing the Cashroom, smaller practices can access a bank of resources which they only pay for as they use.

This saves on redundant time if a Legal Cashier is employed inhouse, but not fully utilised.

Holiday and sickness cover is provided, saving the scramble to engage a recruitment agency at short notice.

Other cost savings include Employer National Insurance, Auto Enrolment costs, staff benefits and even savings on rental space and utilities.

Pricing & Saving Guarantee Ascentant offer a number of pricing options from hourly to transactional, also offering a guaranteed saving on any current contract with another Outsourced Cashiering provider.

About Ascentant Ascentant was created by Kevin Drew in 2015, having spent his career working in Law firms in London, managing Finance and Compliance teams.

Ascentant work with the Institute of Legal Finance & Management (ILFM) of which Kevin is a qualified member, to promote high standards and educate firms on compliance with the Solicitors Accounts Rules.

Ascentant are also a LEAP Legal IT Partner and work with National Solicitors and Legal Brokers to assist start up practices and provide outsourced solutions.

If you are considering outsourcing your Cashroom or interested in further information, contact Kevin Drew on 01332 897356 or Kevin@ascentant.co.uk

The University of Sheffield Shape your future. Have you gained your qualifying law degree; perhaps you are a Fellow of CILEx, or have undertaken a graduate law conversion course? Whatever the situation, now’s the time to look at the next step in your career, the MA in Legal Practice (Legal Practice Course).

Our LPC trains you to Masters standard, allowing you to develop an excellent academic understanding in an area of law and practice whilst also providing you with the vocational qualification you need in order to go on to practise as a solicitor.

At the University of Sheffield, we offer an emphasis on practice and commercial awareness, embedding these within different teaching and learning methods. All our LPC tutors are qualified solicitors ensuring that the files you work on and the materials used reflect current practice. Our well-regarded and established course sits within the Centre for Professional Legal Education here at the School of Law, where students benefit from the facilities and resources offered by the University voted number one for student experience in the Russell Group - Times Higher Education Student Experience Survey 2017. With 1:1 support on careers and employability offered for up to three years after completion of the course, we support your ambition of becoming a valued member of the legal profession.

We offer flexible study options for LPC students and you can choose

from either full-time or part-time study. The full-time pathway is taught in two stages and lasts one year, starting in September and running until June. You can expect to have on average ten hours per week of formal contact time in workshops. We also expect you to spend time on independent study preparing for workshops and assessments.

If you opt to take the course part-time you will study for both stages 1 and 2 over two years. You will be required to come in for just one day a week, allowing you the rest of the week to gain valuable work experience to enhance your CV and employability.

The part-time course runs from early September to June.

Our electives are also offered on a standalone basis for those wishing to learn a new area of practice, or to update their knowledge.

In joining us you’re not just a member of our School community; you become a member of our University student community. You can enjoy 24/7 library services, Wi-Fi across campus, practical help and careers advice, and an excellent range of clubs and societies to join as well as opportunities to engage with the local community through volunteering projects and student representation. With outstanding facilities to support your studies, Sheffield is a university like no other.

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5 reasons to outsource your payroll

By Julian Bryan, Managing Director, Quill The clock is ticking for UK employers who haven’t yet gone live with auto enrolment workplace pensions. The final staging dates are imminent and The Pensions Regulator is now routinely publishing details of employers who’ve been ordered to pay fines for ignoring new pension rules.

If you’re not compliant already, now’s the time to act. However, if you’re battling to get to grips with auto enrolment (and we wouldn’t be surprised; it hasn’t been labelled “the biggest shake up of pension reform for a generation” for nothing!), there’s never been a better time to outsource the increasingly burdensome payroll function.

“You’re bound to say that!” we hear you shout. And, yes, we agree with you. As an outsourced service supplier, it’s in our best interests to promote outsourcing at every opportunity. But, we anticipate some scepticism which is why we’ve helpfully compiled a compelling list of five good reasons in our attempt to convince you that we’re not being entirely selfish. We’re actually doing our bit to help you cope with mandatory pension reform and avoid costly financial penalties or irreversible reputational damage.

So, without further delay, let the five reasons begin:1. Auto enrolment applies to everyone Even if you employ just one person, you’re still obliged to provide a workplace pension. In other words, there’s no avoiding it. It’s the law. Whether you’re a small, medium or large-sized business, you have a legal requirement to comply by your allocated staging date.

We strongly recommend checking your staging date as soon as practicably possible. It’s easy to do. First, hunt out your PAYE reference. This is conveniently located on all your company’s HMRC documents. It takes a 3-digit, 7-character format, for example, 913 / WZ5121A. Armed with your unique identifier, go to the online staging date tool at www.thepensionsregulator.gov.uk/ employers/staging-date.aspx, enter your PAYE code, complete the recaptcha box and click the ‘Show my staging date’ button.

2. Punishments are enforced Just as with any breaches of the law, there are punishments for non-compliance. The Pensions Regulator is empowered by the UK Government to regulate and fine businesses who don’t comply, whether deliberately or unintentionally. Financial penalties range from £400 fixed penalty notices right up to £50,000 civil penalties for companies failing to engage with auto enrolment or pay contributions due.

And it’s not just the financial cost, although this is obviously deterrent enough. The negative publicity surrounding your unlawful activity may cause irreparable damage to your professional reputation. As a legal service provider, this is extremely embarrassing. Even worse, you may lose clients as their trust in you becomes questionable and, as a result, they

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begin to conduct their legal affairs elsewhere with one of your (delighted!) competitors.

3. Managing work-based pensions is demanding and complicated Even before your staging date arrives, there’s a lot to do. This includes assessing your workforce to see who’s eligible (against defined criteria), choosing a pension scheme (from an auto enrolment ready pension provider) and communicating with your staff regarding their options.

One of your earliest decisions relates to the individual pay components which determine your employees’ qualifying earnings, for example overtime, commission and bonuses. It’s up to you to make a reasonable judgement as to whether each element fits within the definition of qualifying earnings.

All this lengthy preparation is stressful enough without a lastminute rush by businesses who’ve left it until the eleventh hour to prepare. Much more so, if you have!

And, even when you’ve reached your staging date, your responsibilities don’t end there. Employees must be reassessed, contributions re-calculated, opt-ins added, opt-outs removed with refunds given each payroll cycle. Not forgetting general record keeping and reporting which is part-and-parcel of maintaining a clear audit trail of transactions. It’s a mammoth task and one which needs tackled every few weeks ad infinitum.

The main reason cited by businesses postponing their staging date is an inability to cope with the excessive amount of prescribed paperwork. Despite being on the horizon for years, firms are continually caught unawares by the sheer volume of work involved preparing for auto enrolment.

4. Selecting a pension provider is a difficult decision Pension providers are much of a muchness, offering the same service for the same fee, right? Wrong! With no restrictions on charges, some providers are applying additional administration costs. Providers’ benefits, such as range of investment options and web-based software support, vary drastically too.

Your choice of pension provider will influence the costs to your business of auto enrolment as well as determine the administrative processes involved. So, the small print matters and needs to be carefully checked, compared and questioned before you sign on the dotted line.

5. There are other payroll duties to manage too To top it all, your payroll clerk (who may also be your business manager, accounts clerk, general administration assistant, receptionist or everything combined!) has all his / her existing responsibilities to take care of. Your employees’ salaries, for instance. After all, unless they’re working on a voluntary basis, at the end of each month, your employees have to get paid.

On a standalone basis, payroll management can be a full time job,

covering salary processing, SMP, SPP and PAYE payments, payslip production, in-year and year-end reporting, as stipulated by everchanging HMRC legislation.

at www.quill.co.uk/10-reasons for full details because, although specifically related to outsourced legal cashiering, the substantial list of benefits is equally resonant when the topic’s focused on outsourced payroll.

A heavier workload resulting from the introduction of auto enrolment pensions and, suddenly, the role assumes unmanageable proportions. The net result of overwork is often stress at work. This isn’t pleasant for your struggling employee, who may require longterm sickness leave for recovery purposes, or for you dealing with the fallout, sharing your absent staff member’s duties between present employees or recruiting temporary stand-ins.

To wind up, then, hopefully by now you’ve gained a better understanding of what’s demanded by auto enrolment. You may also have come to the conclusion that you simply don’t have the capacity to cope in house with your already-stretched human resources. In which case, our Quill Payroll outsourcing service is an increasingly appealing option.

As a Bacs-authorised bureau (more on this later), we’re permitted to perform your payroll function on your behalf, including transferring money from your business bank account directly into your employees’ bank accounts to pay their monthly salaries, thus significantly lightening the load on you.

HMRC approved, Bacs registered, Chartered Institute of Payroll Professionals accredited, 40+ years experienced, Quill Payroll is a service you can depend upon, leaving you free to focus on running your business with complete confidence that your payroll and pensions couldn’t be in safer hands.

These five reasons are specifically related to payroll and pensions.

There are, of course, many other reasons to outsource complex, heavily regulated back office business functions. For example, lower operational costs, enhanced risk management, compliance assurance, availability of value-added support, automatic emergency planning, built-in disaster recovery, scalability, healthier cash flow and business development assistance… to name a few.

Visit our dedicated Quill Payroll website at www.quillpayroll.co.uk, email info@quillpayroll.co.uk or phone 0845 226 2587.

Read our earlier “Ten reasons to outsource your cashiering” guide

Julian Bryan joined Quill as Managing Director in 2012 and is also the Chair of the Legal Software Suppliers Association. Quill is the UK’s largest outsourced legal cashiering provider with 40 years’ experience supplying outsourced services and software to the legal profession.

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How can you really be heard?

It is only natural for people to want to be heard, and that is particularly true when they have a dispute.

We all know about people having disputes, personal as well as in business. It’s always the same; we are certain the other side Chris Makin doesn’t care to listen to our wellreasoned arguments, to our cool assessment of the situation, to our reasons why everything is their fault and not ours. And, sure as eggs is eggs, the other side usually feels the same way about us. And the louder one of us shouts at the other, the less chance that we will be heard. So then what?

Your day in court Human emotions are present whether the dispute is between individuals, partners or even companies. They all involve people, and it is only natural that views become fixations when they are not resolved. Fixations often lead to a breakdown in communication, where both sides believe that if they could only have their ‘day in court,’ a judge would see that they were right all along.

But it rarely works out that way, as lawyers know only too well. When the day of the court hearing finally arrives, after months or even years of waiting, court procedure is formal and constraining; no-one has the chance to have a good shout at the enemy.. No-one listens to what the aggrieved party really tries to say, and the unemotional, impersonal atmosphere of the courtroom seldom gives either party the satisfaction of knowing that their complaints have been heard or understood.

Of course the court has a role if a dispute cannot be resolved in any other way, but one has to accept that a court can normally only find for one party and award an amount of money. One party walks away the winner, with an award of damages and (most of) their costs, and the other is the loser, leaving blood on the carpet. That can be catastrophic. And any chance of a future relationship, business or personal, is destroyed.

This ‘day in court’ comes only after months of waiting, and many hours spent with lawyers on witness statements and other procedural matters, when the disputant would be better employed in running their business, or perhaps spending more time on the golf course. And legal proceedings can be very expensive; I have often started mediations where the legal costs to date are significantly greater than the amount in dispute when the saga started!

I often refer to litigation as dancing with a gorilla, where the dance stops only when the gorilla decides to let go. Not sensible; there has to be a better way.

There is an alternative By contrast, mediation is more flexible and offers a greater freedom of expression than a court hearing. It has many other advantages: • speed; • far lower cost;

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• no risk of paying the other side’s costs; • you can choose a mediator with relevant experience rather than the luck of the draw with a judge; • you can speak without prejudice; • there is no publicity; • you can agree things which a judge could never award; • and, most importantly, you will reach a settlement only if both sides can live with it. If mediation fails, you can still have your day in court, with all rights exactly as before.

But what about the four-pennorth you intended to give the other side at a court hearing? Here is some good news: mediation actually provides a better forum for letting off steam! A judge will never allow a slanging match in his court, but I have often conducted mediations where the parties so hated each other that at first they refused to sit in the same room. At the first caucus, they have sounded off to me about their “enemy” in words quite unrepeatable. This is known to American mediators as “spilling the bile”. I’ve listened, apparently with sympathy, but let the emotions run, and then got down to the business of finding common ground which has led to settlement. And after the rant, the party involved has felt far better about things, and in the right frame of mind to settle matters. It really is a fascinating process, to see how attitudes change after a good shout!

So each side has ample opportunity to be heard (after the rant!) and to hear the other side in turn. No third party imposes an outcome, as with litigation or arbitration, and both shape and agree the settlement, which can involve lots of things, not just money.

Dr Andrew St. Clair Logan MB ChB FRCA FFPMRCA

It is really satisfying to see parties who have been at loggerheads for years looking at the matter constructively, and reaching that precious settlement which has eluded them for so long.

Whilst a very small number of disputes may not suit mediation, it is usually hugely successful; my record after more than a hundred mediations is that 80% have settled, even including those where the parties started by refusing to sit in the same room. The satisfaction of a fair outcome is far rarer at the end of a court hearing, and the parties didn’t even have their chance to shout at the enemy!

So a day at mediation can be so much better than a week in court. You have a much better chance of being heard!

Biog: Chris Makin was one of the first 30 or so chartered accountants to become an Accredited Forensic Accountant and Expert Witness. He is also an accredited civil & commercial mediator and an accredited expert determiner. He has given expert evidence at least 100 times and worked on a vast range of cases over the last 30 years. For CV, war stories and much more, go to his newly relaunched www.chrismakin.co.uk - with videos!

A Fellow of the Faculty of Pain Medicine of the Royal College of Anaesthetists (FFPMRCA) Dr. Logan provides services as a Pain Management Consultant at the Countess of Chester NHS Trust, Nuffield Health Chester; The Grosvenor Hospital, Chester and the Spire Hospital Warrington.

Throughout his illustrious career Dr. Logan has also achieved an impressive reputation for the services he provides as an Expert Witness in cases involving ‘pain’ relating to injuries received in an accident.

Dr Andrew St. Clair Logan MB ChB FRCA FFPMRCA Nuffield Health, The Grosvenor Hospital, Wrexham Road, Chester CH4 7QP Tel - Mobile: 07791681278 Sharon (Secretary): 07763783601 email: painconsutant@aol.com Fax: 01244 851 278

T: 0114 321 9919 E: info@informsurveying.co.uk

informsurveying.co.uk

8th Floor · St James House · Vicar Lane · Sheffield · S1 2EX

Expert Property Advice I

nform Surveying Limited are independent property consultants that specialise as Building Surveyors and Project Managers. We offer a comprehensive range of services to both the commercial and residential sectors, nationally from our office in Sheffield.

At Inform we have extensive experience in acting as Expert Witnesses to clients when they are trying to seek a conclusion to their Landlord and Tenant, Boundary or Contractor/Developer disputes. Our surveyors have specific training to provide Expert Witness Reports as recognised by the RICS to ensure the report provided and the subsequent evidence given in Court are professionally undertaken.

Gavin Sampson

Steven Taylor

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Bending Over Backwards

Expert Witnesses confer and convene with legal high fliers on costs and other awkward questions

Elizabeth Robson Taylor and Phillip Taylor MBE of Richmond Green Chambers review the highlights of the 2017 EWI conference.

commissioned Jackson in November 2016 to develop proposals for extending the principle of FRC – Fixed Recoverable Costs.

You always know it’s autumn when the conference season kicks off. And it is usually the Conference of the Expert Witness Institute (EWI) that starts it in considerable style.

This year, on 21st September 2017, over 100 EWI members made their annual pilgrimage, as it were, to their usual conference venue of Church House, looking customarily impressive in its leafy, campus-like location in Westminster, not far from Westminster Abbey and Parliament.

As in previous years, the Conference was notable for its roster of distinguished speakers, from Lord Justice Rupert Jackson, who gave the keynote speech -- to the inaugural address delivered by Martin Spencer QC (now Mr Justice Spencer) who, in addition to his role as a High Court judge, has assumed the chairmanship of the EWI. Presided over by EWI Governor and Conference Chair, Amanda Stevens, this is a gathering where lawyers are well placed to garner important insights into the role of the expert witness in court -- and where expert witnesses can meet, greet and compare notes with each other, as well as with the lawyers whom they might possibly advise, or for whom they might well receive instructions.

Expecting an especially memorable conference this last year, the delegates were not disappointed.

The Keynote Lawyers of course will need no reminder that it was Jackson who, in 2009, accepted the monumental task of constructing the famed and often controversial ‘Jackson Reforms’ on the vexed question of costs, implemented finally in 2013. His keynote speech referred throughout to his latest supplemental report published on 31st July 2017. The title -- ‘Review of Civil Litigation Costs: Supplemental

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Report Fixed Recoverable Costs’ -- is self-explanatory.

Interviewed just prior to his keynote address, Jackson mentioned that his reforms have been the subject of some negative comment. The criticisms in his original report were aimed primarily at legal fees of the exorbitant, outrageous and disproportionate variety. Many have argued of course that what is termed disproportionate by the consumer of legal services is not necessarily considered so by the legal team which provides them.

Controversies on Costs Herein lie the seeds of controversy, not surprisingly, which have been germinating for some time. Meanwhile -- especially transatlantically --- the matter of ‘pricing’ legal services has become almost a separate discipline, presided over by consultants – not necessarily lawyers -- who claim special expertise in this area. It’s equally unsurprising that these and related developments have pointed up the need once again, for Jackson’s latest Report.

Affable and erudite -- note that he has been editor-in-chief of The White Book since 2010 -- Jackson explored more than a few key areas of scrutiny on fixed recoverable costs. As expert witnesses can and do provide testimony in court which can turn the course of a case one way or another, they do expect to get paid – proportionately and preferably on time. Judging by certain searching questions from members of the audience, issues of costs at this conference began to emerge as a major concern.

Jackson therefore referred to the causes of excessive costs identified in his initial costs review. While most of his recommendations have been, in his words, ‘bedded in’ following their implementation in 2013, there are six remaining that haven’t -- and in which apparently little or no progress has been made.

In response to the obvious need for a further review, the Lord Chief Justice and the Master of the Rolls

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An EWI First Judging from Jackson’s additional remarks just prior to the speech, the EWI members attending this conference were among the first to have sight of – or at least detailed information about – the latest recommendations in his supplemental report.

As the Report was first published in July of 2017, government ministers who were to be its first recipients, were all away on their hols and therefore not available for comment.

However, by the time this article sees the light of day, they will indeed have seen the Report, one hopes, and noted its contents. But considered in the light of experience, it is not even remotely possible that the newly published recommendations will be implemented before Jackson’s retirement in March 2018.

His wide-ranging speech to Conference, however, covered many more issues, including matters such as guideline hourly rates… ‘not satisfactorily controlled’, and inadequate numbers of staff and IT facilities in the civil courts.

He pointed a critical finger at other factors that bump up costs: ‘time consuming court procedures’ are one example -- and ‘the complexity of the law’ another, in certain areas of litigation. The obvious remedy, which again is hardly likely to come to pass all that soon, is simplification, which would certainly benefit bemused members of the public and the growing numbers of litigants in person.

It would seem, however, that his criticisms of ‘too high’ court fees, have been met with indifference. ‘I might as well bleat at the sea like King Canute,’ he said. ‘Instead of being reduced, they’ve gone up. I’ve made harsh comments about that, but no one has taken any notice!’

[Sorry, we can’t help mentioning here that King Canute gets a bad press on

this one. What he was really trying to do was convince his sycophantic courtiers that even he, with all his earthly power, couldn’t control the sea -- any more than anyone can turn back the rising tide of new and ever-evolving legislation, as well as burgeoning costs.]

Turning his attention to matters of medical negligence -- ‘a very difficult subject’ – Jackson expressed the view that most such cases worth up to £100,000 were not suitable either for the fast track, or even the new ‘intermediate’ track which he has recently proposed for other matters.

However, other medical negligence claims of under £25,000 could -- or might -- be dealt with by a ‘bespoke process’ and a grid of fixed costs.

The Executive Summary As for the Supplemental Report itself, ‘read my Executive Summary,’ is Jackson’s best advice – and a good suggestion too, as it functions as a precis and guide to the main document, while reiterating crucial points.

The first of these is a reminder that ‘In England and Wales, the winning party is entitled to receive costs from the losing party.’ Now there’s a grim reality that many overseas/ transatlantic clients (you’ve probably got at least some of those) just simply don’t get. In their view it is: (a) incomprehensible; (b) unbelievable and (c) grossly and manifestly unfair.

A Flawed Recipe The consensus here is that each side should jolly well pay its own costs, thank you very much – which is not out of line with Jackson’s considered opinion that this winner-takes-all policy is quite simply ‘a recipe for runaway costs.’ Now though, it appears that the ‘recipe’ isn’t going to be changed in a large hurry.

Jackson nonetheless retains his staunch belief in fixed recoverable costs, stating unequivocally that ‘the only way to control costs effectively is to do so in advance.’ Agreed fees upfront…or in advance -- or whichever way you want to put it -- should in most circumstances, be the order of the day.

H It We

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Global reputation of solicitor brand prompts new training partnership The importance of upholding England and Wales’ reputation as the leading jurisdiction for businesses in the post-Brexit era has prompted the Law Society to strengthen the range of training opportunities offered to domestic and international lawyers.

The Law Society and leading international legal training provider BARBRI have today unveiled a new partnership to offer preparation courses for foreign lawyers planning to qualify as a solicitor of England and Wales.

Qualified lawyers in other jurisdictions can be admitted as solicitors in England and Wales through the Qualified Lawyers Transfer Scheme (QLTS). This route to qualification is currently highly sought after among foreign lawyers due to the position of England and Wales as an international centre for dispute resolution.

Law Society president Joe Egan said: “The QLTS route to qualification in England and Wales is selected by approximately 20 per cent of new entrants to the profession. Not only does this qualification broaden a solicitor’s own career opportunities, it also enhances the global reputation of, and reliance upon, the laws of England and Wales in international transactions and dispute resolution.”

Since 2015, the Law Society has carefully scrutinised SRA proposals to introduce

centralised assessment known as the Solicitors Qualifying Examination (SQE), which will alter the way solicitors qualify. The impact these changes could have on the international reputation of solicitors and the UK as a global centre of legal excellence has been one of the Law Society’s main concerns.

During the SQE consultation process the Law Society demonstrated its important role as a thought leader on standards in education and training for those entering the profession and our work has revealed a clear appetite from members for us to adopt a leadership role in education and learning.

Joe Egan said: “The SRA’s deregulation agenda is a clear indicator it is distancing itself from the role of guardian of standards. The Law Society is stepping forward to fill this gap and we’re kicking this off by partnering with BARBRI to offer high quality training that is globally accessible, affordable and demonstrates best practice in equality and diversity. We feel that BARBRI is the best partner in this endeavour due to its experience helping more than 1.3 million lawyers around the world pass a high stakes legal exam very similar to the QLTS.” With this partnership the Law Society is positioning itself within the education and training market internationally and domestically.

The Law Society will initially use its trusted

international brand to promote the laws of England and Wales through a dual qualification such as the QLTS. This is the first step to ensure the Law Society is well-placed to reshape the professional legal education market for the SQE in 2020.

“The introduction of the SQE is intended to further enhance access to our profession and we are taking the opportunity to work with a quality provider to test out new ideas in learning methodology,” Joe Egan added.

“Our members have asked for our leadership and guidance on how to confront and manage change associated with globalisation, technology and process innovation, and the regulatory environment.”

“Solicitors see the need to be flexible, commercially astute and properly equipped with appropriate skills. Our objective is to enhance the quality of training for existing members and potential members. We want to ensure solicitors and aspiring solicitors have access to a range of programmes available to meet their needs according to their resources, whether they be sole practitioners operating in the ‘gig’ economy or magic circle firms operating globally.”

For this reason, the Law Society has also signed a memorandum of understanding with the College of Law in Australia and New Zealand.

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Fraudulent bank calls to law firms – how to protect yourself This pernicious form of fraud is on the increase. It’s not a new phenomenon but it is one of a variety of methods criminals are using successfully.

So how does the scam operate? Firstly, you need to understand the criminal slang - phishing, vishing, smishing and spoofing.

Phishing.

This is when you receive a fraudulent email alerting you to a problem. The email looks genuine and may lead you to a website that looks exactly like your bank’s website. If in any doubt, just don’t click on the link.

• Payment methods and bank account details should be agreed at the outset of transactions.

And finally, protect all PCs with quality anti-virus software and ensure it is updated regularly. Upgrade all operating systems and software to the latest versions the minute they become available.

Mike O’Donnell, LawWare Limited.

Vishing.

Vishing or voice-phishing, occurs when you receive a telephone call from someone purporting to be from your bank. The aim is to obtain confidential details, passwords or to convince you to make a monetary transfer.

The criminals may claim to be from your bank’s Fraud department.

They may tell you there is a problem with your account and ask you to confirm some payments.

Smishing.

Smishing, or SMS-phishing is the mobile phone equivalent of vishing. The criminals use it less against law firms, but it does happen. The method encourages you to ring a number or follow a link. This will then request password and account information.

Spoofing.

This is where it gets really tricky. In essence, the criminals imitate genuine telephone numbers or email addresses to gain your confidence. You will see a telephone number that you recognise as being your bank in your caller display.

Protect your firm against phone scams • Never give out banking passwords or security codes to anyone over the phone.

• Do not trust your phone’s caller display to identify a caller accurately.

• Check callers by phoning the bank yourself using the known number.

• Remember that the bank will never call you to ask you to transfer money to a so-called safe account.

• Remember that the bank will never ask you for banking passwords or user numbers.

Protect your firm against email scams • Provide a documented process for all employees to follow.

• This should ensure email requests to set up or amend payment details are verified as genuine.

• Use known contact details other than email to make these checks and apply the same rigour to both internal and external emails.

• Consider how you communicate with individual clients who are sending funds, so they can be sure they are sending their money to the correct account.

• Consider encrypting emails and providing clear, initial instructions about how payment details will be provided or amended.

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Finding Your Voice in today’s digital & Print media