This Bulletin is packed with all the very varied events that DDLS is proud to be part of. There is a report of the Awards Dinner on page 16, and you are welcome to try and spot yourselves in the accompanying photos. There is a report on the awards on page 20 where we celebrate the talent of our local profession. Thank you to all the sponsors and well done to the winners and nominees.
There is a write up on the Derbyshire Schools Debate Competition on page 8. This fantastic community project concluded on 13th March with a new participant school, Heanor Gate, being victorious. There is a report on page 13 from the property sub-committee and look out on LinkedIn for the next unusual networking event at Laser Tag.
We thank the outgoing High Sheriff, Theresa Peltier and Under Sheriff, Andrew Cochrane for all their hard work and congratulate Ian Morgan OBE , Sue Jennings and Chris Birds on their appointment to the roles of High Sheriff, Under Sheriff and Deputy Under Sheriff respectively on page 10.
I am pleased this month to report on an inaugural event that I was able to be part of for admins of local law societies and the officers of local law societies that they support. We have been meeting remotely for more than a year now but 18 or so representatives from local law societies from across the UK met in Birmingham on the 11th April to exchange experiences and
ideas on how to promote local law societies and ensure that they remain relevant in the changing landscape of the profession. It was very worthwhile and reminded me that we are all part of a larger community.
I hope to see you at an event soon. Take care. Julia Saunders admin@derbylaw.net 01283
Officers
President*
Oliver Maxwell
Eversheds Sutherland 01332 378696 o.j.z.maxwell@gmail.com
Vice-President*
Tina Attenborough
Attenborough Law, Derby Tel: 01332 558508 tina@attenboroughlaw.co.uk
Immediate Past President*
Manesha Ruparel
Alexander & Co Solicitors LLP
Tel: (01332) 600005 mr@aandco.co.uk
Deputy Vice-President*
Lucy Tissington lucy.tissington@familylawgroup. co.uk
Honorary Secretary*
Fiona Apthorpe
Geldards LLP, Derby
Tel: 01332 378335
Fiona.Apthorpe@geldards.com
(*=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
John Ellis john.ellis@aandco.co.uk
Laura Matthews laura.matthews@geldards.com
Amelia Sutcliffe amelia.sutcliffe@ smithpartnership.co.uk
Constituency Council
Representative, Derbyshire (+) Shama Gupta shama.gupta@freeths.co.uk
(+)attendCommitteebyinvitation
Other Committee Members
Julie Skill, Elliot Mather LLP Chesterfield
Tel: 01246 231288; julie.skill@elliotmather.co.uk
Tina Attenborough tina@attenboroughlaw.co.uk
Felicity Coats
felicity.coats@elliotmather.co.uk
Diana Copestake
Freeth Cartwright LLP
Tel: 0845 2725674 diana.copestake@freeths.co.uk
David Hardy
Tel: 01332 842008 david.hardy1630@gmail.com
Rachel Maxwell rachel.maxwell@nelsonslaw.co.uk
Martin Salt martins@ simpsonjones.co.ukTel: 01773 540480
Claire Twells claire.twells@smithpartnership. co.uk
Sue Jennings
Tel: (M) 07946 609436 s.jennings@derby.ac.uk
Treasurer*
Ben Lawson
Elliot Mather LLP
Tel: 01246 231288 ben.lawson@elliotmather.co.uk
Claire Rudkin
Flint Bishop, Derby
Tel: 01332 340211 claire.rudkin@flintbishop.co.uk
Simon Stevens
Eddowes Waldron 01332 348484 sws@ewlaw.co.uk
Chloe Summers chloe.summers@nelsonslaw.co.uk
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 (Secretaryinitalics)
Criminal Litigation SimonStevens
Andy Cash
Felicity Coats felicity.coats@elliotmather.co.uk
Andrew Oldroyd (01332 225225)
Education & Training SueJennings, & all Sub-Committee Secretaries
Employment and Business Law SueJennings
Tina Attenborough tina@attenboroughlaw.co.uk
Equality, Diversity and Inclusion ManeshaRuparel mr@aandco.co.uk
Tina Attenborough tina@attenboroughlaw.co.uk
Sue Jennings s.jennings@derby.ac.uk
Family Law FionaApthorpe
David Guthrie dg@aflp.co.uk
Diana Copestake diana.copestake@freeths.co.uk
Fiona Apthorpe
Fiona.Apthorpe@geldards.com
Fiona Lazenby fiona.lazenby@knightsplc.com
Julie Skill
Julie.Skill@elliotmather.co.uk
Kelly Mower kellym@eglegal.co.uk
Liz Guyler lizguyler@eglegal.co.uk
Lucy Tissington lucy.tissington@familylawgroup. co.uk
Melanie Bridgen melanie.bridgen@nelsonslaw. co.uk
Natalie Haydon-Yeung Natalie.Haydon-Yeung@geldards. com
Nick Herbert nh@aflp.co.uk
Ruth Jones ruth.jones@smithpartnership. co.uk
Sole Practitioners’ Group (SPG) TinaAttenborough
Last updated 19.04.24
And just like that, I find myself writing my final bulletin update. This time next month, the society will be holding its annual AGM and the presidential reigns will be handed over to our current VP, Tina Attenborough. It’s been a busy few weeks, the crescendo of which was our annual awards dinner that was held on 15th March at Pride Park. It was, to put it mildly, a roaring success. But before updating you on that, let me tell you what else has been happening.
In the afternoon of 13th February, Tina and I met with a prospective Gold Patron of the Society whose patronage, all things being equal, should commence for an initial 12 months’ following the AGM in May. A formal announcement will be made in due course, but Tina and I are extremely excited about this patron’s involvement and the society as a whole very much looks forward to working with them. Later that same day, I met with Julia and the Executive Committee to carry out the very difficult task of judging this years’ nominations for the annual awards. The standard of the entries were excellent, and it was a very difficult task to shortlist and, ultimately, choose the winners. After much deliberation though, the difficult decisions were made and we could look forward to celebrating together at the dinner.
Next, on the 15th February, I was involved in a further two society engagements. The first was a very productive lunchtime planning meeting for the awards dinner with
our administrator Julia, as well as with April Allman and Gary Parkin of The Enthusiasm Trust. Then, in the evening, I was fortunate enough to represent the society alongside Tina, Manesha and Julia at the University of Derby’s annual Law School student dinner. It was lovely to spend some quality time with the lawyers of tomorrow, as well as catching up with the now former High Sherriff of Derbyshire, Theresa Peltier. Thanks to Sue Jennings for the invite and her warm hospitality.
Next I attended the Law Society Presidents’ day on 17th February, which was kindly hosted by David Gilmore of DG Legal at the King Power Stadium. Despite not getting the result that the team wanted, it was a wonderful afternoon with great food and equally great company. It was great to meet our current President of the Law Society of England and Wales, Nick Emmerson, as well Maurice Muchinda from the Northamptonshire Law Society and Chimdinma Nwaigwe from the Leicestershire Law Society.
The 13th March then saw the much anticipated final of the Derby Schools’ annual debates competition. As always, the quality of those debating were excellent, and both teams were very deserving of the winners’ trophy. This year, Sue Jennings and I were lucky enough to be joined on the judging panel by the Mayor of Derby, Alan Graves Despite both teams putting forward very convincing arguments, my fellow judges and I were slightly more convinced by the team from the Heanor Gate Spencer Academy that the UK should bring back mandatory conscription. Congratulations to Heanor Gate Spencer Academy for your success, and indeed to all those who participated. You all, I am sure, have great futures ahead of you. Thanks to the Derby Law School for hosting and to Julia for organising.
Last, but by no means least, our annual awards dinner was held on 15th March at Pride Park. A huge congratulations to:-
1. Our Lawyer of the Year, Deborah Morris of Affinity Law;
2. Our Commercial Lawyer of the Year, Russell Davies of Smith Partnership;
3. Our Junior Lawyer of the Year, Connor Ball-Wood of Timm Solicitors;
4. Our Trainee Lawyer of the Year, Amelia Sutcliffe of Smith Partnership;
5. The winner of our Lifetime Achievement Award, Kevin O’Donnell of Wykes O’Donnell Williams; and
6. The winner of the Presidents’ Award, Laura Matthews of Geldards LLP.
The feedback that we have had from the night has been excellent, and it would not have been possible without:-
1. Julia’s amazing organisational efforts;
2. Gary Parkin for acting as Master of Ceremonies and running the charity auction;
3. April Allman for assisting with the charity auction;
4. John Ellis and Amelia Sutcliffe’s stellar efforts in selling the raffle tickets;
5. New Square Chambers for sponsoring the drinks reception;
6. STAT Building Consultancy for sponsoring the Lawyer of the Year Award;
7. Verify 365 for sponsoring the Commercial Lawyer of the Year Award;
8. 36 Family Chambers for sponsoring the Junior Lawyer of the Year Award;
9. Carter Brown for sponsoring the Trainee Lawyer of the Year Award;
10. X-Press Legal Services for sponsoring the Lifetime Achievement Award;
11. The No Limits Street Band for providing the live entertainment; and
12. All of our guests who attended, including Mark Bilton who joined me on the top table as my honoured guest.
For those of you who attended the awards ceremony, you were introduced to Mark during my welcome speech but, for those who weren’t able to attend, Mark was the person who gave me my first opportunity in law back in 2012. I remain to this day eternally grateful to Mark for giving me opportunities that he did. I’m not sure I would be where I am today without his kindness, generosity and support. My thanks go out to him once again.
Providing support, guidance and advice to each other was, of course, a key theme of
the night and, together, were able to raise an incredible £2,265.00 for my chosen charity, The Enthusiasm Trust. That, in my view, is what makes our society so precious. As I explained in my speech, there really is no substitute to getting into a room and interacting with a bunch of like-minded individuals. A group of individuals who live in a definable community and share the same culture. That, of course, is the very definition of society, and we can all learn from and develop so much from each other. I also think it is fundamentally important to be able to get help, guidance and support from persons
“outside” your immediate firm as well as from “within”. By casting your net further afield, you are able to find a more diverse range of advice, opinions and thoughts on how to deal with any given situation because, after all, you’re only ever really as good as those around you. The society in which you exist becomes a part of you. It completes you. It lifts you up. And having very nearly completed my presidential year, I can say with some considerable experience that your society, and the people in it, can help you to accomplish the things you never could do alone. Cherish this society and it, in
turn, will cherish you in good times and bad.
It has been an honour and privilege to serve the society as president this year. I shall continue to represent the society and its members until the reigns are handed over to Tina in May, and beyond. For the time being, however, that concludes my final update, but I wish you all the very best for the future.
#cherishthissociety
Oliver Maxwell President, 2023-24
Di Copestake celebrated her retirement, after 40 plus years as a local Solicitor, with fellow family practitioners at Seven on Pride Park on 6th March. Enjoy your retirement Disey and we look forward to all those photographs from your travels!!
The competition this year was won by a team from Heanor Gate Spencer Academy, who were taking part in the competition for the first time. They narrowly beat Littleover Community School in the final by persauding the judges that “the UK should bring back conscription”. There were some stand out speeches and once again it was incredible to see how the children listened and applied comments given in previous heats and produced well researched and mature speeches. All the finalists were confident enough to try some counter arguments which involves them going “off script”.
Topics included climate change, tourism and space exploration and the children (who range between 13-15 years of age) approached all the topics with enthusiasm and maturity.
Congratulations to all the pupils from all the schools who took part and to the staff who supported and encouraged them and without whom the competition could not run. Particular thanks to the St Martins Horizons sixth form college, who, although they did not take part in the competition itself, welcomed me into their lessons to deliver a session on public speaking where the emphasis was definitely on how to present yourself in everyday life from a job interview to making a complaint about a mouldy loaf of bread! The main feedback word from the teenagers in that session was CONFIDENCE.
The final was judged by Sue Jennings – Head of Law at Derby University, Oliver Maxwell - President of DDLS and Cllr Alan Graves – Mayor of Derby. The judges were impressed at the standard of debating on display saying “there were some well informed arguments and some of the speeches were better than the some of the third year law students !”
The competition has, as ever, been organized by the Derby and District Law Society, E4E and The University of Derby Law School. The project is a great example of organizations working well together and what can be acheived with lots of time but very little financial input.
A massive THANK YOU to all the academic staff at the University of Derby, members of DDLS who helped judge the competition, all at E4E, and everyone who gave up their time to make this project such a fantastic success.
Anderson Partnership is a four-Partner firm situated within a row of attractive Georgian buildings at 71-73 Saltergate, Chesterfield. Advice and assistance is provided in the areas of Family and Care matters, Conveyancing, Wills, Trusts and Probate.
The Firm was founded as ‘Kelly & Anderson’ in 1992 by solicitors Tom Kelly and Nigel Anderson, later Coroner and Deputy Coroner respectively for the Hundred of Scarsdale, rebranding as ‘Anderson Partnership’ in the early 2000s. Nigel Anderson went on to become President of the Derby and District Law Society in 2008-9. Although now retired, Nigel still makes regular appearances at the office, looking after the archives and providing anecdotes that couldn’t possibly be mentioned here.
In 2004, Anderson Partnership became one of the first practices in the country to achieve the Lexcel Practice Management Standard. At that time, Local Authorities were the predominant holders of the certification. As Anderson Partnership is contracted with the Legal Aid Agency, it views maintaining Lexcel accreditation as not only a requirement, but also as a means of demonstrating it’s ongoing commitment to upholding quality standards. Quotes from the independent Lexcel Assesors over the years have included;
“The approach to client care is exemplary.”
“The approach in respect of file and case management is excellent.”
“.....mindful of their responsibilities towards the environment, access to justice and the wider community outside the Firm.”
Anderson Partnership has also received Law Society CQS accreditation since 2014.
Demonstrating that it remains forwardthinking and with a business model to match, Anderson Partnership became the successor practice to Shipton Hallewell & Co in 2022. Having being established in 1756, Shipton Hallewell & Co were considered Chesterfield’s oldest law firm. Over 255 years of working with clients was reassurement that quality advice and assistance had prevailed. It also meant that both existing and new clients could now benefit from the additional expertise that the bringing together of the two firms enabled.
Despite public perception, Anderson Partnership is not a traditional ‘Firm of Solicitors’. It is a Partnership of limited companies whose directors are both Chartered Legal Executives and Solicitors. The Firm’s management comprises of two Legal Executives (Shelagh Hayes and Alison Hardy) and two Solicitors (Les Saunders and Daniel Milligan)
Les Saunders is the current Senior Partner. Les qualified as a Solicitor in 1980 and is a Member of the Law Society’s Children Panel. Not one to put his feet up despite his senior years, Les continues to play an active role in the management of Anderson Partnership as well as working on his caseload of Care matters. Out of the office, Les enjoys polishing his guitar collection and watching The Simpsons.
Anderson Partnership has a small, dedicated support team, without whom the wheels would not turn. Remote working, something that Anderson Partnership had prepared for well-ahead of the COVID pandemic, is embraced. The Firm’s management operates a true ‘open-door’ policy with staff. Transparency has been key to maintaining a low attrition rate over the years. Indeed, 60% of the staff have in-excess of 15 years’ service with the Firm, the longest-serving member having joined in 1993.
Anderson Partnership continues to lobby in matters of access to justice via Legal Aid and also SRA/CILEX Regulation issues, as well as the lawyer parity debate. In the community, the Firm sponsors local football and netball teams.
Ian Morgan OBE has been installed as the High Sheriff of Derbyshire for 2024/25 at a ceremony at Derbyshire County Cricket Club on 5th April 2024.
Ian was immensely proud and deeply honoured to have been invited to accept the nomination and after a long career in the transport sector as Deputy Chair of the Wellglade Group of companies and Chair of Derbyshire County Cricket Club. He is looking forward to an exciting year ahead.
Sue Jennings, Head of Derby Law School at the University of Derby, has become the new Under Sheriff of Derbyshire and Derby Magistrate Chris Birds, has taken up the role of Deputy Under Sheriff of Derbyshire.
Derby Solicitor and Chairman of Flint Bishop, Andrew Cochrane steps down as the Under Sheriff after 13 years outstanding years of service in the role. At a Shrievalty Dinner held at Morley Hayes Golf Club in March, Andrew was thanked by many of the previous High Sheriffs for his hard work, friendship and dedication to the role over such a long period. His calm and professional attitude was a great comfort to all of the High Sheriffs he served over the years and he will be greatly missed. Andrew wishes Sue and Chris every success in their new roles.
The Office of High Sheriff is an independent non-political Royal appointment for a single year. The origins of the Office date back to Saxon times, when the ‘Shire Reeve’ was responsible to the king for the maintenance of law and order within the shire and for the collection and return of taxes due to the Crown. Today, there are 55 High Sheriffs serving the counties of England and Wales each year.
Whilst the duties of the role have evolved over time, supporting the Crown and the judiciary remain central elements of the role today. In addition, High Sheriffs actively lend support and encouragement to crime prevention agencies, the emergency services and to the voluntary sector. In recent years High Sheriffs in many parts of England and Wales have been particularly active in encouraging crime reduction initiatives, especially amongst young people. The High Sheriff assists Community Foundations and local charities working with vulnerable people both in endorsing and helping to raise the profile of their valuable work.
The Office of Under Sheriff provides guidance, support and continuity to the High Sheriff during their year in Office particularly on the protocols of the Office and other matters such as the nomination process, parliamentary elections and ceremonial matters.
Christopher Birds JP
Derby Junior Lawyers are taking the lead in organising the Summer Soiree at Amalfi White in Melbourne on 28th June. The event is open to all DDLS and DJL and friends and following on from the success of last year’s event please watch this space for details and get your tickets early.
Also in June will be the Derby Legal Walk in aid of Access to Justice Foundation. Details will be circulated on social media ASAP.
DJL have been busy raising money for charity this last month or so. On the 17th March John Ellis and George Ottewell completed the Derby County Community Trust High Peak Trail, trekking 16 miles in the wonders of Derbyshire.
On the 24th March, John, Amelia Sutcliffe and Jessica Silvers completed the Derby 10K, running through the city centre on a bright spring day.
• Post-Grenfell disaster legislation
TLS has on 14 February released a new guide to help members involved in flat sales and purchases understand the Building Safety Act 2022 (BSA 2022). The guide sets out a new safety regime for flats and who should pay.
Further reading – https://www.lawsociety.org.uk/ topics/property/building-safety-act-2022-guidefor-conveyancers
• Privacy and sensitive personal data
The ICO has approved a legal services operational privacy certification scheme, which would provide law firms and barristers’ chambers with certainty that they are adhering to data protection standards when processing sensitive personal data.
Further reading - https://www.lawgazette. co.uk/news/ico-backed-privacycertification-scheme-helpful-forsupplier-due-diligence/5118776.
article?utm_source=gazette_newsletter&utm_ medium=email&utm_campaign=Judge+convic ted+of+%c2%a31.8m+legal+aid+scam+%7c+ Government+urged+to+cancel+SSB+clients% 27+debts+%7c+Who+wins+from+PACCAR%3 f_02%2f16%2f2024
https://cy.ico.org.uk/about-the-ico/mediacentre/news-and-blogs/2024/02/icoapproves-legal-services-certification-scheme/
• Cyber security in corporate finance
As part of a city-wide taskforce, TLS has contributed to the latest guide to help businesses overcome cyber security risks.
Further reading - https://www.lawgazette. co.uk/news/ico-backed-privacycertification-scheme-helpful-forsupplier-due-diligence/5118776. article?utm_source=gazette_newsletter&utm_ medium=email&utm_campaign=Judge+convic ted+of+%c2%a31.8m+legal+aid+scam+%7c+ Government+urged+to+cancel+SSB+clients% 27+debts+%7c+Who+wins+from+PACCAR%3 f_02%2f16%2f2024
https://www.icaew.com/-/media/corporate/ files/technical/corporate-finance/guidelines/ cyber-security-in-corporate-finance-2024. ashx
• Practising certificate fee consultation 2024/25
Take part in TLS’s 10-minute survey by 24 May to be entered into a draw for a £100 voucher.
Further reading – https://www.lawsociety.org.uk/ membership/practising-fee-consultation
• Government’s new grants for AI skills training
The Department for Science, Innovation and Technology will be carrying out a pilot for businesses to apply for funding for up to 50% of the cost of AI skills training (targeted at firms with between 1 and 259 employees). Applications will open in May.
Further reading – https://www.find-governmentgrants.service.gov.uk/grants/flexible-aiupskilling-fund-pilot-expression-of-interest1?utm_source=law_society_westminster_ weekly&utm_medium=email&utm_campaign= New+legislation+exonerates+sub-postmasters +%7c+Parliamentary+Report+15+March_03% 2f16%2f2024
TLS welcomes feedback from you and I would like to hear from you about anything you may wish to share concerning your professional needs. Please contact me at:
https://www.lawsociety.org.uk/about-us/ourgovernance/council-constituencies-and-currentmembers/shama-gupta
Don’t forget to update your personal information on My LS
Shama Gupta
Law Society (TLS) (DDLS) April 2024
Property lawyers started the year networking in a different way. In January, we co hosted with Rhys Schofield from Peak Mortgages and Protection, a networking event playing mini golf. With thanks to Ben Wheeler, X-Press Legal Services for kindly donating the prizes. It was a great event with around 30 attendees and it brought together lawyers, estate agents, surveyors and mortgage brokers from the local area to create new and build stronger working relationships. It was a really relaxed and informal event with drinks and prizes won and the feedback provided was really positive.
We have our next event scheduled Thursday 25th April, but is a few games of Laser Tag at
the Megazone. The sign ups for this event is already really positive from property lawyers from member firm. This is another joint event with Peak Mortgages and Protection and is sponsored by Home Surveying. Again, we hope for this to be a really relaxed and fun experience and definitely one not to be missed!
Rachel Maxwell Property Law Sub-Committee
Legal Secretary – Child Care - Derby Office, Norman House, Derby HOURS: Full Time
Smith Partnership is one of the leading law firms in the East Midlands. A forward-thinking and progressive company, Smith Partnership employs over 200 staff throughout 6 offices across the region.
An opportunity has become available at our Head Office in Derby for a Legal Secretary to provide secretarial support and other related services to fee earners in the Child Care Department.
Purpose & Objective of Job:
To provide secretarial and other related services to relevant Fee Earner/Department.
Duties, Tasks, and Responsibilities:
• Audio and copy typing
• Handling enquiries from various external bodies
• Filing/Photocopying
• Diary maintenance
• Attendances on telephone
• Attending clients on telephone and in office when required
• Taking and passing on messages in absence of the relevant fee earner
• Arranging service of documents
Solicitor/ Legal Executive - Wills And Probate - Derby Office, Norman House, Derby
HOURS: Full Time
Smith Partnership is a leading law firm in the East Midlands. A forward thinking and progressive company employing over 200 staff throughout 6 offices.
An opportunity has become available for a Solicitor or experienced Legal Executive to join our Wills & Probate Department at our Head Office in Derby.
Purpose & Objective of Job:
Fee earning activities related to the provision of legal services to the firms’ clients. To meet performance targets as defined and to carry out other duties as determined by the Partners.
Duties, Tasks, and Responsibilities:
• Advising and assisting clients on making wills, administering estates, and all related matters
• Preparation of documents and conduct of files
• Advising clients on general non-complex matters
• Experience Required:
• Arranging appointments
• Dealing with bills, invoices and payments (when
• required)
• Experience Desired:
• Previous legal secretarial experience
Experience Required:
• Previous secretarial experience
• Intermediate use of Word, E-mail and Internet systems
• Audio Typing
• Knowledge Required:
• Legal Terminology
• Legal Forms
• Court Procedures (if appropriate)
• Knowledge of Legal Services Commission Forms
• Client File Maintenance Procedures
• Billing Guides
• Client Care Procedures
• Client Confidentiality Policy
• Cheque Requests
• Knowledge Desired:
• Knowledge of area of Law for Department
• Skills And Personal Attributes Required:
• Good written & telephone skills
• Good organisational skills
• Willingness to embrace change/flexible & adaptable
• Client focused
• Good team player
• Positive attitude
• Dealing with Wills, Trusts and Estate Planning
• Probate and Administration of Estates
• Powers of Attorney/Deputyships
• Advising the Clients
Experience Required:
• Tax and Trusts
Knowledge Required:
• Appropriate area of Law
• Skills And Personal Attributes Required:
• Ability to market the firm in accordance with our desired image.
• Ability to contribute towards the development of the practice as a whole.
• Personable, good communicator
• Presentation skills
• Visionary – must be able to identify and execute strategy / business plan
• Managerial skills
• Organisation, planning and time management skills
• Drive and enthusiasm
• Ability to give clear, practical advice
Qualifications Required:
• Law Degree
• Practising Certificate
• Qualifications Required:
• RSA I Typing qualification or equivalent
• RSA II Typing qualification or equivalent
• English Language GCSE Grade C or above
This Job Description covers the current range of duties and will be reviewed from time to time. Smith Partnership reserve the right to change the Job Description if the business requires it.
This is an excellent opportunity to join a progressive East Midlands law firm and to work as part of a challenging and friendly team. Applications strictly via email enclosing a current CV and covering letter to (recruitment@smithpartnership.co.uk).
No Agencies please. Smith Partnership request that recruitment agencies do not speculatively submit CVs to us unless explicitly asked to do so by our HR team.
Any CVs sent to us on a speculative basis will not be recognised and we will not accept liability for any fee or commission should we subsequently employ a candidate who applied to us directly or was introduced by another agency, that may also have been submitted speculatively by an uninstructed agency.
In the event that an agency’s correspondence includes a disclaimer indicating otherwise, our policy above will prevail.
This Job Description covers the current range of duties and will be reviewed from time to time. Smith Partnership reserve the right to change the Job Description if the business requires it.
This is an excellent opportunity to join a progressive East Midlands law firm and to work as part of a challenging and friendly team. Applications strictly via email enclosing a current CV and covering letter to (recruitment@smithpartnership.co.uk).
No Agencies please. Smith Partnership request that recruitment agencies do not speculatively submit CVs to us unless explicitly asked to do so by our HR team.
Any CVs sent to us on a speculative basis will not be recognised and we will not accept liability for any fee or commission should we subsequently employ a candidate who applied to us directly or was introduced by another agency, that may also have been submitted speculatively by an uninstructed agency.
In the event that an agency’s correspondence includes a disclaimer indicating otherwise, our policy above will prevail.
Oliver Maxwell, President 2023/24 hosted top table guests including Judges, Magistrates and Presidents from neighbouring local law societies together with Mark Bilton and his wife Ruth. Oliver explained in his heartfelt speech how important Mark had been in his own pursuit of a legal career and how supportive Mark had always been of local young lawyers. It was great to see so many firms including young lawyers on their tables. The age range of the guests at the dinner must have been some 55 years which makes for a lively and diverse night.
The No Limit Street Band welcomed the guests with a mellow first set and then got the dancefloor rocking after the awards giving some modern tunes an unusual slant on the brass instruments the largest of which, the band informed me, is called a sousaphone. The dancing which concluded the night (and sound effects during the evening) was expertly played by Dominic Degnan from Pro Disco’s and Entertainment.
We were pleased to welcome New Square Chambers who sponsored the drinks reception together with Carter Brown, Verify 365, X-Press Legal, No 36 Family and Stat Building Consultants who sponsored awards. Thank you for your support.
The President’s charity this year is Enthusiasm Trust and we are grateful to Gary Parkin, a trustee of the charity, who acted as our MC on the night. He did a fantastic job and then encouraged guests to part with their cash in the charity auction. Thanks to members of DJL who sold raffle tickets on the night and to those who donated prizes and bought tickets. An amazing £2,265 was raised for the President’s charity.
The Awards Dinner continues to go from strength to strength and we hope that everyone enjoyed the night. One of the sponsors commented that “there was a great atmosphere in the room” and has already booked for next year! On which please note your diaries for Friday 21st March 2025
1. The Lifetime Achievement Award sponsored by X-Press Legal was won by Kevin O’Donnell of Wykes O’Donnell Williams. Kevin has been on the roll as a Solicitor for a remarkable 55 years and continues to work at least four days a week to support his firm and clients. He is known for his endearing personality and sense of humour and is always willing to pass on his knowledge and professionalism to successive “next generations.”
2. The Junior Lawyer of the Year, sponsored by No 36 Family, was won by Connor BallWood from Timms. In spite of being newlyqualified himself Connor has been mentoring students from Derby University and has been instrumental in expanding his firms commercial property offering.
3. The Lawyer of the Year, sponsored by Stat Building Consultants, was awarded to Debra Morris of Affinity Law. Debra has been Chair of Headway Derby since 2016. The charity is committed to helping to improve the lives of those who have suffered a brain injury. Debra’s excellent legal skills are evident from her track record in achieving outstanding results for clients whilst still managing to grow a specialist
firm and nurturing the next generation of lawyers.
4. The Trainee / Paralegal of the Year Award, sponsored by Carter Brown, was won by Amelia Sutcliffe of Smith Partnership. Amelia is committed not only to her day-today legal role but also business development and charitable work. In readiness for the 2022 “Rams in Africa” trip, she raised not only enough for her own place but also ensured that every child at the school in Kenya where she volunteered received a new school uniform.
5. The Commercial Lawyer of the Year sponsored by Verify 365, was won by Russ Davies of Smith Partnership. Russ has been
known for his legal prowess in dealing with commercial disputes for many years. He is also a dedicated member of the local legal community and supports his firms’ charitable endeavours.
6. The President’s Award – was received by Laura Matthews from Geldards. Laura has been fundamental in re-launching DJL whilst studying for her LPC. She has helped organise and host events such as the Summer Soiree and the Winter Party whilst embarking on her training contract at Geldards. She is helping to establish and maintain a vital link between DDLS and DJL.
Well done to all the winners of awards and all those nominated and short listed. We are lucky to have such talent in our local area. A huge thank you to our award sponsors for their support.
Second Edition
Editors: Cecily Crampin and Michael Ransom and members of Falcon Chambers
ISBN 978 0 85490 3 436
WILDY, SIMMONDS & HILL PUBLISHING
www.wildy.com
Charging orders on a debtor’s property: clear, authoritative and practical advice from falcon chambers
“Charging Orders on Land” has now arrived as a second edition from Falcon Chambers for 2024 -- an event which will certainly be welcomed by counsel embroiled in the specifics of charging orders, which, more often than not, present special problems.
What we have here is a highly specialised and quite narrow area of law in which attention to minute detail is all too often imperative. The precedents at the back of the book are of great assistance to those involved in drafting orders.
Fortunately for practitioners and judges dealing with the challenge of changing orders, this distinguished text published by Wildy, Simmonds & Hill, presents up to date and authoritative help in what is now regarded as the definitive work on the subject.
Editors Cecily Crampin and Michael Ransom are assisted by nine contributors from Falcon Chambers, known as the set which specialises in land law and landlord and tenant work. Practitioners seeking guidance from this new and updated edition can be confident that they are in good hands. For example, there’s a new chapter on insolvency regimes, plus the inclusion of new CPR procedures and precedents.
This then, is an ample and detailed compendium of practical advice and guidance on ‘the enforcement of money judgements by means of obtaining a charging order.’ Initially, this may sound straightforward, except that all too often it isn’t, as any number of complications can occur within the various stages of enforcement on which there is a special chapter. Also read the chapter on priorities and problems and note the specialist advice on sanctions, tenanted property, overseas entities and much more, including the new chapter on corporate and personal insolvency.
Certainly the book can be depended upon to explain or clarify the various -- and seemingly endless -- snags and contingencies that frequently occur within this particular category of law, including (probably the most frequent of all) the cases which come under the heading of ‘Personal Circumstances: the family home’ which typically is balanced against the claims of the judgment debtor’s spouse... or possibly former, or divorcing spouse... or ‘any children who live in the property to be shared.’
It is also carefully pointed out that sometimes in such cases, the charging order can be withheld, or the interest of one party, for example, can be transferred to the other. Small wonder then that, in the opinion of quite a few practitioners, the concept of the charging order all too often presents a serious impediment to selling a house and clogging up the already stretched housing market.
Considering the often complicated and sometimes controversial area of law, it is reassuring for the busy practitioners that this comprehensive and carefully researched legal text is easy to navigate. The table of contents is almost minutely detailed, and the extensive appendices offer more than 100 pages of statutory material and precedents -- an invaluable resource which will be of special interest to counsel charged with drafting orders. Also note the tables of cases, statutes, and statutory instruments, plus tables of European conventions and other material.
Any practitioner involved in this highly specialised area will find this comprehensive and carefully researched legal text well-nigh indispensable.
The date of publication of the hardback second edition is cited as January 2024.
Yesterday (12th March 2024), charity sector representatives delivered evidence in Parliament to demonstrate the significant impact of probate delays on charities in an official hearing session that forms part of the Justice Committee’s Probate Inquiry.
Submitting evidence to the cross-party committee of MPs, the three panellists highlighted how delays at probate affect both beneficiaries and charities, particularly those that are reliant on funding from gifts in Wills. Sector representatives included:
1) Alex McDowell , Vice Chair of Remember A Charity and Director of Fundraising at The Duke of Edinburgh’s Award
2) Angela Morrison , Chief Operating Officer, Cancer Research UK
3) Dave Hawes , Director of Finance & Infrastructure, Devon Air Ambulance Trust and a Board member of the Institute of Legacy Management (ILM).
During the session, sector representatives welcomed recent improvements in probate output and opportunities to collaborate with HM Courts and Tribunals Service (HMCTS), suggesting improvements for long term change, which include:
• Appropriate resourcing for HM Courts and Tribunals Service (HMCTS), enabling probate teams to upscale their services and meet rising demand as death rates climb, reflecting too on the growth of charitable gifts in Wills.
• More publicly available data on the scale and scope of the backlog and ongoing workflow, including ‘stopped’ estates, to ensure that charities have the information needed to inform their forecasting.
• Continued collaboration with the charity sector to ensure that any changes or proposed improvements reflect charities’ needs and have no unintended consequences on charities.
While the focus of the hearing was on charities and how their services, forecasting ability and wider finances are impacted by the probate system, the panellists reflected too on the profound impact on grieving families, many of which turn to charities for support.
Speaking after the event, Alex McDowell , Vice Chair of Remember A Charity and Director of Fundraising at the Duke of Edinburgh’s Award, said:
“Charities are increasingly reliant on income from gifts in Wills, and
any delays or problems at probate can have a significant impact not only on funding for vital charitable services and beneficiaries, but on charities’ ability to forecast their income and budget for the future.
“We’ve seen probate output levels improve significantly in recent months and that’s the chink of light that charities have been waiting for to enable them to shore up their support for beneficiaries at a time when demand for charitable services has never been higher. And now, for charities to be able to continue delivering such critical services, it is vital that the Probate Registry is equipped and resourced to manage the increasing number of cases at probate, without compromising on quality.”
Dave Hawes , Director of Finance & Infrastructure, Devon Air Ambulance Trust and a Board member of the Institute of Legacy Management (ILM, said: “This was a welcome opportunity to explain why and how probate delays have impacted charities of all sizes right across the sector, which I’ve seen both as a director of Devon Air Ambulance and as a Board member of ILM.
“The probate service is crucial to ensure that people’s last wishes are followed and it’s important that HMCTS is able to support this in a timely manner both now and into the future.”
Remember A Charity and the Institute of Legacy Management have been working closely with HMCTS as part of the Probate Service Users Working Group, ensuring the impact of delays on charities is represented in key discussions and factored into ongoing service developments.
McDowell added: “HMCTS has already committed to several steps to improve the probate ecosystem for charities, which includes provision of more information on cases in the system and an indicator to identify charitable estates in the system. We are grateful to the team for their continued support and recognition of just how crucial the probate service is for charities.”
Gifts in Wills currently raise around £4 billion* for good causes annually, funding vital charitable services for charities and community-based organisations across the country.
*Legacy Foresight, 2023
The Committee launched the Probate Inquiry in November 2023 amid reports the Probate Registry has been experiencing significant delays. The Inquiry is taking evidence on capacity, resources and delays across the probate service and the impact of digitisation and centralisation, including the effectiveness of the online probate portal. It is looking at people’s experiences of applying for probate including how the administration of probate could be improved.
Irwin Mitchell, one of the largest full-service law firms in the UK, has partnered with Remember A Charity, signing up 12 of its offices as Campaign Supporters to help raise awareness and inspire more people to leave a gift in their Will.
In the last five years, Irwin Mitchell’s provision of Will-writing services for charity supporters has resulted in legacy pledges of over £34 million to UK charities, with the firm reporting a rise in client appetite for this form of giving.
Through this new collaboration, Irwin Mitchell aims to help charities grow this vital income stream by championing the charitable option with their Will-writing clients across the country. This includes:
• Educating Clients: When drafting a Will, consistently highlighting the charitable option, and informing clients about the benefits of leaving charitable legacies in their Wills, including the potential inheritance tax advantages.
• Promoting Charitable Options: Offering comprehensive advice on the options available when it comes to legacy giving; including gifts of specific items, cash amounts, or a share of the estate.
• Looking within: Encouraging colleagues to engage with and explore legacy giving, fostering genuine support and greater understanding of the importance of this special way of supporting good causes.
Ian Bond, Partner at Irwin Mitchell and a contributor to Remember A Charity’s Legal Sector Advisory Group, said:
“At Irwin Mitchell we are delighted to be working with Remember A Charity to raise awareness of charity legacy giving which can ultimately lead to a more significant number of people considering and executing charitable bequests, which benefits society by supporting the valuable work of charities.”
Lucinda Frostick, Director of Remember A Charity, said:
“It’s wonderful news that Irwin Mitchell will be championing the option for clients of remembering a charity in their Will. Talking about a client’s charitable intentions, their values and passions, can be such an empowering part of people’s estate planning and generates vital income for the nation’s charities.
“Legal firms and professional advisers play an increasingly important role in ensuring clients are aware of the opportunity to leave a lasting impact on the causes close to their heart, alongside taking care of family and friends.”
Overwhelmed? Mind racing? Can’t sleep? Life in the law can be challenging and sometimes things can get on top of you. Talk to us – we can help.
LawCare is an independent charity offering support to anyone working in the legal sector. We promote mental health awareness and confront the stigma associated with mental health issues. We have a dedicated helpline, a peer support programme, an informative website, and we offer training and presentations for legal organisations.
We have worked with hundreds of legal workplaces over the years, and we have listened to thousands of people tell us about the stress, anxiety, bullying, and depression that they are experiencing, which is often caused or exacerbated by a difficult working environment. Lack of support or supervision, an overly critical manager, being undermined after a career break, an unreasonably heavy workload, long hours, and sleep deprivation are all very common issues.
Our free and confidential helpline provides a safe space to talk without judgment about whatever is on your mind; perhaps you’re just having a bad day, or you could be facing something more long lasting. You can talk to us about issues at work or at home. Whether you’re a HR manager in a legal firm and feeling burnt out, a young trainee being bullied, an experienced partner worrying about a mistake you’ve made, or a senior lawyer feeling like you’re being pushed out - we’re here to listen.
If you need support, please reach out to us by calling our helpline on 0800 279 6888, sending an email to support@lawcare.org.uk or visiting LawCare’s website to use our live online chat. Our website also has lots of information (articles, stories, videos, blogs and podcasts) on mental health and wellbeing.
We have a network of peer supporters, people with firsthand experience in the legal sector who may have faced difficult times themselves and can offer one-to-one support, friendship, and mentoring. Find out more about peer support.
Fit for Law is a collaboration between LawCare and academics at the University of Sheffield and The Open University. These free online courses promote psychologically and emotionally healthier ways of working in the law. Part one is about managing and understanding yourself, and part two is about working with others. Find out more about Fit for Law.
LawCare also offers training on mental wellbeing, management and supervision, vicarious trauma, and SRA workplace behaviour
rules. Please get in touch if you would like to know more on support@lawcare.org.uk
LawCare wants to ensure that people’s mental health is better protected at work. Health and safety in the workplace is evolving to include the risks to mental health and a recognition that these should be actively managed. Employers should look at their organisational culture and working practices and consider their responsibilities to ensure these create an environment that supports psychological safety and mental health. For more information about how LawCare can help you create a mentally healthy workplace visit www.lawcare.org.uk
I recently attended the funeral of a man you have probably never heard of, but who was of enormous importance to all you litigators, whether civil & commercial, family, criminal or ADR.
After several years as a boring old chartered accountant – annual accounts, audits, tax returns, business plans… - I was asked to act as an expert in several cases, including one concerning a stuntman on a Superman film who was injured at Elstree Studios, which required me to spend a week at the RCJ and a day in the witness box. I was hooked. Then I was asked to act in an international fraud case against the SFO, where my report for the defence ran to 43 ringbinders and I was told I would be at the Old Bailey (actually an annex in Chancery Lane called Chichester Rents) for a trail lasting 18 months. But my report was agreed by the prosecution, and I didn’t need to appear. I had had to give all my clients to other partners, so I had literally nothing to do. I wrote my first mailshot letter on the train back from London (“I’m a forensic accountant – gizza job”), the work flooded in, and many years later it has never stopped.
I realised this was getting serious, and that I needed to learn how to be a proper expert. This is when I came across The Academy of Experts. It was founded by Michael Cohen in 1987, at a time of great transition in litigation.
Many of you will not remember the bad old days, but I certainly do. Lord Woolf, Master of the Rolls, was concerned about inefficient courts, cases which lasted almost as long as Jarndyce -v- Jarndyce excessive legal costs, solicitors “churning” cases, and much else. He published Access to Justice which became the basis of the Civil Procedure Rules, soon followed by the Family Procedure Rules and the Criminal Procedure Rules, all on similar lines where judges controlled cases.
This was the late 1980s; the CPR was launched on 1 April 1999. There was also much wrong with the expert witness “profession”. It is a profession now, but it wasn’t in the bad old ‘80s. The hired gun was commonplace, and so many experts thought it was their duty to win, or to save, their client as much as possible. I remember an orthopaedic surgeon who lectured with a skeleton which he danced, and he said he didn’t believe that whiplash existed. He was very popular with his motor insurance clients.
This of course was quite wrong; those who instruct us are not our clients, since our overriding duty is to the court, irrespective of who instructs us or by whom we are to be paid.
This is where Michael Cohen came in. He was a barrister, and an expert in insurance. He saw the need for experts to be educated in such matters, so he founded The Academy of Experts in 1987, in good time for his concepts to be reflected in the CPR and all that followed.
I was not a founder member; I joined in 1990 but my membership number (531) shows that I joined when it was a very small organisation. Since then it has flourished, with about 4,000 members of virtually every profession in the UK, and with pockets of members in other jurisdictions.
The Academy is respected by other professional bodies; for example it has close working relationships with ICAEW (my profession) and RICS, to name but two. It has a judicial committee
of seven senior judges, and has published a Model Expert Report, Model Terms of Appointment of Experts, Guidance for Those Who Instruct Experts and, more recently, guidance on remote and virtual hearings.
There is a regular Journal the TEDR (The Expert and Dispute Resolver) of which Michael was until recently the editor.
As a measure of how highly regarded The Academy is regarded in legal circles, one need only look at the calibre of those who have served as our president: Sir Geoffrey Howe QC (Margaret Thatcher’s chancellor); Lord Savile (of the Bloody Sunday enquiry) and now Lord Neuburger.
The Academy is a centre of excellence for experts, and much of that is the result of Michael Cohen’s dedication to the cause. He has been a tireless, and very competent, lecturer on all things litigation and expert. I had the great honour to be admitted as a fellow in 1994, one of only about 60 worldwide. Michael devised training courses and an accreditation scheme for mediators, and I was accredited as such in 1998. He developed a training course and accreditation scheme for expert determiners (a form of arbitration) and I am proud to say that I was in the first ever batch of EDs to be accredited in 2009; I am now the chief examiner in ED.
So, thanks to Michael, we now have an Academy of members offering a wide range of dispute resolution methods, both conventional litigation and ADR.
This man never stopped. For many years he had done lecture tours around the world, and only a few months ago he had lectured in Dubai, Singapore, Hong Kong and Australia. So he was still full steam ahead until just a few weeks before he died – and only a few weeks before his ninetieth birthday!
Sleep well, Michael; you deserve your rest. And we members of the litigation community (even those of us who have never heard of you!) are so very grateful for all you have done for us.
Biog : Chris Makin has practised as a forensic accountant and expert witness for 30 years, latterly as Head of Litigation Support at a national firm. He has given expert evidence about 100 times. He also performs expert determinations.
Chris is a fellow of the Institute of Chartered Accountants where he has served on the Forensic Committee, and as an ethical counsellor; he is a fellow of the Chartered Management Institute, a fellow of the Academy of Experts where he serves on the Investigations Committee, and a mediator accredited by the Chartered Arbitrators. He practises as a mediator, from his home in West Yorkshire and his rooms at 3 Gray’s Inn Square, London WC1R 5AH, telephone 020 7430 0333 . He has mediated 100+ cases so far, on a huge range of subjects, with a settlement rate to date of 80%. For more see his website with videos:
www.chrismakin.co.uk
chris@chrismakin.co.uk
Email: bill.bailey1@nhs.net
The Case
Stateline Transport Limited (‘Stateline’) had been operating a commercial freight storage operation in Dublin, without planning permission, on land leased from Tesco Ireland Limited (‘Tesco’). After the Fingal County Council commenced enforcement action, Tesco applied to the High Court of Ireland for an injunction requiring Stateline to cease its operations. The parties settled before the hearing, with Stateline agreeing to an order requiring it to cease the unauthorised use.
Stateline then applied, with Tesco’s consent, for a 12 month stay of the order, based on the public interest in their operations continuing, before subsequently appealing to the Court of Appeal of Ireland.
The expert evidence
In applying for the stay, Stateline relied on the evidence of four experts, including an economic expert, Dr Gurdgiev. The trial judge also directed that an affidavit be sworn exhibiting the briefing note provided to Dr Gurdgiev. The affidavit identified two errors in the briefing note.
Dr Gurdgiev’s report assessed the impact on the container storage capacity in the Dublin area if Stateline were required to cease its operations, concluding that it would increase costs for Irish importers and exporters, raising prices for end-users and export customers. The report relied on statistics published on the website of the Dublin Port Company which were accessible via a hyperlink in the report.
The trial judge noted that there were a number of discrepancies between the report, on the
one hand, and the briefing note and the information on the Dublin Port Company’s website, on the other. Most significant was the omission from the report of any reference to proposed additional storage capacity to be provided by the Dublin Port Company. This omission undermined the confidence which the court could place in the report. The trial judge also noted that on certain critical matters the report relied uncritically on information provided by Stateline.
The Court of Appeal
One of Stateline’s arguments on appeal regarded the weight which should have been attached to the uncontradicted expert testimony it had adduced.
The judge noted that the trial judge had had no concerns about the credibility of Dr Gurdgiev, who was a highly respected and well qualified economist. He had been asked to produce his report in five days and clearly did not purport to have done independent research to confirm the underlying facts upon which he had been instructed.
The concerns that the trial judge found with Dr Gurdgiev’s evidence went to the weight of the evidence rather than its admissibility. That said, the court was not required to accept evidence because it was uncontradicted. It was also not strictly correct to characterise this as unopposed evidence, because Stateline knew that Tesco had consented to the application, in a commercial agreement, and would not oppose it.
With respect to the hyperlinks within Dr Gurdgiev’s report, the judge noted that “I do not accept the criticism that the trial judge
engaged in independent research rather than addressing his concerns to the appellant. If material is hyper-linked in an expert’s report, then it constitutes part of the reference material upon which the report is based and a court is, at very least, entitled (if not expected) to look at it where it has concerns regarding the content of the report itself. This is not ‘independent research’ but rather an attempt to understand an expert report in its own terms.”
Learning points
Learning points for experts are:
• When you finalise your report, make sure that any hyperlinks you have included are up to date and still relevant.
• As with any references, your report should be consistent with the information in the hyperlinked material. The judge may decide to follow any hyperlinks and review the linked material.
• You should include any key information you have relied on in the report itself. This is especially true if the information is set out on a website or in a document that is regularly updated. Litigation can be a lengthy process, during which time online materials might be altered, sometimes without acknowledgement.
• It can sometimes be useful to maintain your own library of key materials published online that are regularly updated, such as guidance or datasets.
• You should always carefully read the instructions and other material provided by the solicitor. However, do not simply rely on facts and data included in the instructions – it’s always best to verify with the source evidence.
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 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.
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.
Our expertise in genealogical research ensures a thorough and accurate representation of the P’s family connections, enabling confidence in the information provided to the Court for the purposes of obtaining a Statutory Will.
Finders International can assist pre-deputyship 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
