Issuu

D&DLS Bulletin Derby & District Law Society www.derbylaw.net

August / Sept 2026

Sip and Paint Event at the Distillery, Derby - 2nd July Page 10

Also in this issue:

Firms in Focus • Remember A Charity Week returns • and more... Gold Patrons of the Society

Silver Patrons of the Society

D&DLS Bulletin Derby & District Law Society

August / Sept 2026

Contents 3

Contents & Editorial

Remember A Charity Week returns with new campaign

List of Officers

Free Friday Care Tips form Able Community Care

President’s Page

Legacy giving remains resilient

Rothera Bray strengthens Commercial Property team

The 2026 Expert Witness Institute Online Conference

Firms in Focus: Timms

Understanding neurodiversity in the courtroom

Sip and Paint Event at the Distillery Derby - 2nd July

Book Review

Derby Junior Lawyers

Law Society News

Situations Vacant

Key considerations for implementing AI

Editorial Summer is always a time for reflecting on the successes of the previous year and furious planning for the year ahead. I always write most of the questions for the annual quiz over the summer and then test them on friends and family over Christmas !! I am also writing the bingo quiz questions. This is a new event at Derby RFC on Wednesday 23rd September from 6.30pm. We will have some traditional bingo and then some quiz and music rounds for which you are welcome to join up into a team of no more than four. It will be silly fun so please grab friends and colleagues and come and join us. Booking is on Fienta - https:// fienta.com/bingo-evening-2 Speaking of new events please see the very successful Sip and Paint write up and photos on page 10. Thanks to Ellie Lancashire who led the painting, Haydn and Jess from Martello (our Gold Patrons) for coming along and everyone else who came and created some amazing pictures of their pets. Also available to register for on Fienta is the next Chat and Chill which will be at Bottle and Thyme in Chesterfield 12-2pm on Tuesday 8th September and the Charity Bake Off which will

take place in your own office on Monday 28th September. We will be raising money for Bridge the Gap so please bake, photograph, sell and eat as much as you can!! We are also planning a walk round Belper after work one evening followed by refreshment of your choice, a Tapas event in November, a darts evening in the new year, a couple of family courses and a private client “festival” in or around May of next year. The annual quiz will return in February and the Awards Dinner is booked for Friday 9th April 2027. If you have any special requests for events, courses or indeed any feedback on the offering already available to members then please email me. The re-launch of the private client committee on 25th June was very encouraging and around 10 lawyers gathered to discuss how to move forward as a group. The next meeting will be in the Autumn so if you are interested in joining either remotely or in person, please email me or Claire Rudkin - claire.rudkin@flintbishop.co.uk. As many of you know one of my passions is the school debate competition and so I was honoured to be asked to judge the sixth form debate competition at Littleover Community School (pictured) on the 9th July. The teacher there, Sarah Senior, has supported our competition since it began almost 10 years ago. Her school now has an active debating society and has been successful at national debate

competitions. There were some amazing speeches, and I was pleased to see three students who had taken part in our competition a couple of years ago. Great proof that our impact and this project has lasting effects. Enjoy these last hot days of summer and I look forward to seeing you at an event in the Autumn. Take care. Julia Saunders admin@derbylaw.net 01283 734989

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Officers and Committee Members for 2026 Officers President* Rachel Maxwell Rachel.maxwell@smithpartnership. co.uk Immediate Past President* Lucy Tissington lucy.tissington@familylawgroup. co.uk Vice-President* Debra Morris Affinity Law debra@affinitylaw.co.uk Deputy Vice-President* Stephen Parrott stephenp@killingworthandparrott. co.uk Honorary Secretary* Fiona Apthorpe Geldards LLP, Derby Fiona.Apthorpe@geldards.com

Other Committee Members Julie Skill, Elliot Mather LLP Chesterfield julie.skill@elliotmather.co.uk

Treasurer* Ben Lawson Elliot Mather LLP ben.lawson@elliotmather.co.uk

Felicity Coats felicity.coats@elliotmather.co.uk

Claire Rudkin Flint Bishop, Derby claire.rudkin@flintbishop.co.uk

Diana Copestake dianaohalloran@aol.com David Hardy david.hardy1630@gmail.com Oliver Maxwell Smith Partnership Oliver.Maxwell@smithpartnership. co.uk Martin Salt Martin@killingworthandparrott.co.uk Claire Twells claire.twells@smithpartnership. co.uk

Manesha Ruparel MR@AandCo.co.uk John Ellis John.ellis@smithpartnership.co.uk Administrator / Bulletin Editor Julia Saunders, Email: admin@derbylaw.net Sub-Committees (Secretary in italics) Criminal Litigation Felicity Coats felicity.coats@elliotmather.co.uk

Sue Jennings sue.jennings@geldards.com

Andrew Oldroyd

Public Relations Officer (+) Vacant

Nosheen Tassaddiq nosheen.tassaddiq@flintbishop. co.uk

Education & Training Sue Jennings, & all Sub-Committee Secretaries

Derby Junior Lawyers Katie Morris katie@affinitylaw.co.uk

Catriona Smedley catriona.smedley@familylawgroup. co.uk

Employment and Business Law Sue Jennings

(* = Ex-Officio)

Henna Aietan henna.aietan@familylawgroup.co.uk

Tina Attenborough tina@attenboroughlaw.co.uk

Amelia Sutcliffe amelia.sutcliffe@ smithpartnership. co.uk

Equality, Diversity and Inclusion Manesha Ruparel mr@aandco.co.uk

Constituency Council Representative, Derbyshire (+) Shama Gupta shama.gupta@freeths.co.uk

Tina Attenborough tina@attenboroughlaw.co.uk

FINDING YOUR VOICE IN TODAY’S DIGITAL AND PRINT MEDIA

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David Guthrie dg@aflp.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 Manesha Ruparel MR@AandCo.co.uk Melanie Bridgen melanie.bridgen@nelsonslaw. co.uk Nick Herbert nh@aflp.co.uk Ruth Jones ruth.jones@smithpartnership. co.uk Sole Practitioners’ Group (SPG) Tina Attenborough tina@attenboroughlaw.co.uk

Sue Jennings sue.jennings@geldards.com Last updated 03.06.26

(+) attend Committee by invitation

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Family Law Fiona Apthorpe

Advertising Simon Castell Managing Editor Julia Saunders © East Park Communications Ltd.

Design David Coffey

Legal Notice © East Park Communications Ltd.

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None of the editorial or photographs may be reproduced without prior written permission from the publishers. East Park Communications Ltd would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of East Park Communications Ltd. Correct at time of going to press.

Published August 2026

Pipings from the President •

Julia hosted the Coleman Cup golf match. This is the annual golf match between local medics and lawyers. It seems that the weather was very changeable but this didn’t stop it from being an enjoyable day.

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We had our first Wellness Event which was brilliantly hosted by the Derby Junior Lawyers. It was the first of its kind for both us and the Derby Junior Lawyers, but I found it extremely well thought through and well planned. It was also well attended and it was a fitting way to mark Mental Health Awareness Week and the event set out what it intended to achieve – a chance to connect, relax and encourage conversations around supporting you own and others mental health. A huge thank you for the Derby Junior Lawyers and particularly Katie Morris for organising this event.

Rachel Maxwell Welcome It’s fair to say that Derby & District Law Society have had a very busy few weeks following the AGM. It’s incredible to look back and see how busy our society is which I hope we all get to read some more about in this edition of the Bulletin. There simply isn’t enough space for me to cover everything we have done but I’ll touch upon some of our highlights: •

Debra and Julia took a trip to London and attended the Law Society’s Town Hall Meeting. It’s great to see them spending some time with representatives from other Local Law Societies close to home and they have bought back ideas to inspire what we are doing.

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Our annual legal walk took place after a very wet and windy day, but it didn’t a great turn out and lots of dog friends and we successfully raised some donations to The Access to Justice Foundation.

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The Private Client Subcommittee had a successful ‘relaunch’ which saw private client professionals come together to share knowledge, legal developments and importantly new contacts and connections were made helping to strengthen to support they can offer to each other.

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We’ve also been able to support a local school with Julia attending Littleover Community School at their final sixth form debating competition. I’m already looking forward to the debating competition which will is scheduled to take place early 2027.

It’s so great to see how we have offered a variety of social events, professional networking, and fundraising events and it seems that our momentum is not going to stop. We have a calendar full of events and I can only encourage you all to get involved. This year, we hope to reach more and more of our members which may be based outside of Derby City and so we have some fantastic events lined up to ensure all our members get the opportunity to be involved in our society. I am also looking forward to our Gold Patron Martello’s roundtable on 15th September at the Cosy Club. It will be a valuable opportunity to learn more about environmental searches and help shape what conveyancers need from them. I encourage anyone with an interest, particularly residential and commercial property lawyers, to come along and support the event. And finally, although we have been having very warm weather here many of us are off travelling over the next few weeks for a summer holiday and so I wish you all a wonderful break. Rachel Maxwell President, 2026-2027

President’s Award Winner - Kaye Howells Past President Lucy Tissington was delighted to catch up with Kaye Howells recently to present her with her President’s Award. Kaye was unfortunately unable to attend the Awards Dinner in March, where the award was originally due to be presented, so it was a pleasure to ensure she received this well-deserved recognition in person. Congratulations Kaye and thank you once again for all your hard work with the University of Derby students and the Community Legal Advice Centre which provides free student-led (professionally supervised) advice clinics to our local community.

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Rothera Bray strengthens Commercial Property team with appointment of Managing Associate Associate Solicitor Marika Whiteman at its Loughborough office, further enhancing the team’s expertise and regional presence. Ed Postlethwaite said: “I am delighted to have joined Rothera Bray at such an exciting time for the firm. The Commercial Property team has an excellent reputation across the region for delivering practical, commercially focused advice and building strong, long-term relationships with clients. I am looking forward to working with colleagues across the business to support existing clients and help drive the continued growth of the team.” Catherine Angrave, Head of Commercial Property at Rothera Bray, said: “Ed is a highly respected commercial property lawyer with an impressive track record and extensive experience across a wide range of sectors. His technical expertise, commercial approach and commitment to client service make him an excellent addition to our team. We are delighted to welcome him to the firm and look forward to the valuable contribution he will make as we continue to grow our Commercial Property offering.” David Kaplan, Head of the Derby branch and Head of Corporate and Commercial at Rothera Bray, added:

Ed Postlethwaite Rothera Bray has strengthened its Commercial Property offering in Derby with the appointment of experienced property solicitor Ed Postlethwaite as Managing Associate. Ed joined Rothera Bray in June and brings nearly 20 years of experience advising businesses, investors, developers and landlords across a broad range of commercial property matters. He advises clients on sales and acquisitions, commercial leases, property management issues and property finance transactions, supporting businesses at every stage of their property journey.

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Before joining Rothera Bray, Ed was a Director and Solicitor in the Commercial Property team at Actons between 2024 and 2026. Prior to that, he served as Head of Commercial Property (Midlands) at HCB Solicitors from 2020 to 2024. Ed qualified as a solicitor with Needham & James in 2006 and remained with the firm and its successor practices until December 2019. Ed’s appointment follows a period of significant growth for Rothera Bray’s Commercial Property team, which has recently been bolstered by the arrival of solicitor Danielle Marshall at the firm’s Nottingham office and

“Ed’s appointment further strengthens our ability to provide a full range of commercial legal services to our corporate clients. His knowledge of the regional market and experience advising businesses on complex property transactions will be a significant asset to both our clients and the wider firm. We are pleased to welcome him to the Derby office and to the Rothera Bray team.” Rothera Bray’s Commercial Property team advises clients ranging from ownermanaged businesses and property investors to developers and national organisations, providing expert legal advice on acquisitions, disposals, leasing, development projects and property finance matters.

For more information about Rothera Bray Solicitors, visit: https://rotherabray.co.uk/

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Firms in Focus: Timms dedicated to providing practical, compassionate legal advice. The firm offers specialist expertise across family law, childcare, residential conveyancing, wills and probate, and personal injury, helping clients navigate some of life’s most significant moments with confidence and clarity.

Founded in Swadlincote in 1892, Timms Solicitors has been serving individuals, families and businesses across the Midlands for almost 135 years. From its origins as a local practice, the firm has grown into a modern, multi-office law firm with locations in Derby, Burton upon Trent, Ashby-de-la-Zouch and Swadlincote, while remaining committed to the values that have underpinned it’s success for generations. Today, Timms is led by Partners Fiona Moffat, Dee Khunkhuna and Adrian Rose, supported by a team of more than 60 colleagues who are

At the heart of Timms is a simple philosophy: putting clients first. The firm’s reputation has been built on understanding each client’s individual circumstances and delivering clear, professional advice tailored to achieve the best possible outcome. That client-focused approach has enabled Timms to build longstanding relationships with generations of families and businesses throughout Derbyshire, Staffordshire and Leicestershire. Alongside its legal expertise, Timms is committed to continuous improvement and investing in its people. The firm’s values emphasise clear communication, practical advice, creativity, collaboration and an ongoing commitment to learning and development.

These principles shape both the service clients receive and the supportive culture enjoyed by colleagues across the business. Community has always been central to Timms’ identity. Since opening its doors in Swadlincote more than a century ago, the firm has actively supported local initiatives and charities, recognising the importance of giving back to the communities in which its clients and colleagues live and work. This commitment continues today through a wide range of community engagement and corporate social responsibility activities across the region. As the legal profession continues to evolve, Timms remains focused on combining traditional values with a modern approach to legal services. By investing in its people, embracing innovation and maintaining an unwavering commitment to client care, the firm is well placed to continue supporting clients for generations to come.

Fiona Moffat, Managing Partner

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Sip and Paint Event at the Distillery Derby - 2nd July We are always keen to organize new ways to get people together and have some fun so on 2nd July Ellie Lancashire, a great artist and graphic designer, who specializes in pet portraits led some of our members in a Sip and Paint evening. There were some amazing creations on display including one from our President, Rachel Maxwell, which she entitled “It’s not a Dog!” Thanks to Ellie, everyone who came along and Jess Green and Haydn Archer from our Gold Patron, Martello, for joining in the fun.

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F The The

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Derby Junior Lawyers

WE’RE RECRUITING FOR THE DERBY JUNIOR LAWYERS COMMITTEE 2027! We’re looking for enthusiastic, passionate individuals to join the Derby Junior Lawyers Committee for 2027. Whether you’re interested in organising events, raising DJL’s profile across the legal community, or helping to shape opportunities for other junior lawyers, we’d love to hear from you. Joining the committee is a fantastic opportunity to: • • • • • •

• •

Build valuable leadership and organisational skills Grow your professional network Play an active role in supporting and representing junior lawyers across Derby Help deliver exciting events and initiatives throughout the year The roles we have available for 2027 are as follows: Marketing and PR Representative – to secure sponsorship for key annual events and build relationships with stakeholders both locally and nationally Sports Representative – to organise various sports related events throughout the year Student Representative – to work

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alongside local educational institutions to foster connections between students and professionals (please note you must currently be a student to apply for this role) Equality Diversity and Inclusion Representative – to support the delivery of the committee’s EDI objectives and identify opportunities to implement EDI events and initiatives Secretary – to support the committee with essential administrative tasks such as keeping our mailing lists up to date, taking minutes of meetings and sending emails to our members Treasurer – to be responsible for managing the committee’s finances, reconciling our accounts, making payments and raising invoices

INTERESTED?

Please get in touch with Katie Morris, Vice President on katie@affinitylaw.co.uk for more information on how to apply. We’d love to chat about how you can get involved and what being part of the committee has to offer. Don’t miss this opportunity to help shape the future of Derby Junior Lawyers. We can’t wait to hear from you!

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Situations Vacant Junior Dispute Resolution solicitor We are a Legal 500 Tier 1 firm recruiting a junior dispute resolution solicitor to join our busy and close-knit dispute resolution team. Ideally you will be 0–3 years’ PQE. The role offers exposure to a broad range of commercial, property and civil disputes, including partnership disputes and contentious property matters. The successful candidate will have some experience of managing their own files, dealing directly with clients, drafting correspondence and pleadings, handling procedural steps and working with counsel. They will work closely with senior solicitors, with appropriate support. We are looking for someone bright, practical, commercially aware and resilient, with strong drafting skills, sound judgement and a genuine interest in business and property litigation. The role offers early responsibility, regular client contact and involvement in strategically interesting disputes. Strong academics, clear communication skills and a willingness to take ownership of work are important. Experience in commercial litigation, property litigation or wider Business and Property Court work would be particularly welcome. As a rural-facing practice, many of our clients come from an agricultural or countryside background. An interest in, or knowledge of, agriculture and rural affairs would therefore be a distinct advantage. Salary will be reflective of your qualifications and experience. Apply by e mailing your CV to lizpower@agriculturalsolicitors.co.uk.

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Remember A Charity Week returns with new campaign to help drive legacy giving The resource pack features over 100 customisable assets, including a wide range of video assets for social, physical assets like posters and bookmarks, internal comms assets and campaign merchandise. An accompanying PR toolkit includes press release templates, key messages, and guidance for case study collation, showing how both internal and external spokespeople can use their voice to bring the legacy conversation to life. Crucially, Remember A Charity will also use the week as a platform to activate its professional adviser and partnership network, encouraging estate planners and financial professionals to raise awareness of charitable gifts in Wills with their clients. A growing sector Recent research from Remember A Charity’s consumer benchmarking study points to continued growth in legacy giving. Overall, 22% of charity supporters aged 40+ say they have included a charitable gift – up from 14% in 2010. A further 35% of supporters who have not yet done so are open to leaving a gift. Remember A Charity Week will return this September with a national awareness campaign, new assets and resources for member charities and partners, and a coordinated activation across the charity and professional adviser sectors. An awareness week with a long legacy Taking place from 7–13 September 2026, the annual awareness week, will once again bring together charities, professional advisers and partners across the UK. The aim is to spark widespread conversations around charitable legacies and the vital role they play in funding charities’ work, encouraging more people to consider leaving a charitable gift in their Will. This year’s advertising campaign builds on Remember A Charity’s popular ‘Be Remembered’ theme, which celebrates the unique and quirky things we remember about our loved ones, with the launch of three new adverts to reach and engage new audiences. The national multi-channel advertising campaign is designed to help normalise legacy conversation, with the new ads continuing to run on digital channels until December 2026. Remember A Charity Week forms a key part of the consortium’s ‘always on’ consumer workstream, keeping legacies front of mind across the year. Support for charities To help charities maximise the opportunity, Remember A Charity has developed an extensive suite of customisable campaign resources for members and partners. These assets are designed to help legacy and fundraising teams engage supporters, colleagues, volunteers and stakeholders in the campaign and extend its reach through their own channels.

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Lucinda Frostick, Director at Remember A Charity, said: “Remember A Charity Week provides a unique opportunity for charities and professional advisers to come together and inspire more people to consider the difference a gift in their Will can make. This year’s campaign Lucinda Frostick brings fresh creative content, new resources for members and a fully coordinated approach to help keep legacy giving front of mind. “Legacy gifts are a vital source of income for charities of all sizes and causes. By working together during Remember A Charity Week, we can encourage more conversations, reach new audiences and help secure future funding for the causes people feel most passionately about.” Charities are being encouraged to take part in the awareness week through a range of activities, from supporter communications and digital engagement to internal awareness initiatives and collaborative partnership activity. For more information about Remember A Charity Week and opportunities to take part in this year’s campaign visit rememberacharity.org.uk/join.

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Free Friday Care Tips

Practical advice and information for older people, families and carers When a loved one needs care or support, finding reliable information can be challenging. From understanding benefits and avoiding scams to finding local services and planning ahead, timely advice can make all the difference. Since 1980, Able Community Care has supported older people and adults with disabilities throughout England, Wales, Scotland and the offshore islands. Drawing on 46 years of experience, we share practical information through our Free Friday Care Tip. Delivered by email every Friday morning, each tip provides straightforward information on issues affecting older people, families and carers. Topics include benefits, home safety, health and wellbeing, community support, care planning and consumer alerts, etc. The example below is one of our previous Friday Care Tips.

You do NOT have to pay to apply for the Attendance Allowance or Scotland’s Pension Age Disability Payment (PADP). We recently heard of a pensioner who was contacted unexpectedly and told she could receive up to £114.60 per week and that their company could complete an application for her. A little research revealed that some businesses charge between £250 and £650 + VAT to help with Attendance Allowance claims, while others work on a “No Win, No Fee” basis or take a percentage of the award. Before paying anyone, remember: 1. You can apply yourself online or by requesting an application form. 2. Free help is available from trusted organisations, including: • Age UK – 0800 678 1602 or local branchesCambridge • Independent Age – 0800 319 6789 • Your local Citizens Advice branch Advice organisations consistently point out that you do not need to pay for assistance with an Attendance Allowance application. If you would like to receive The Friday Care Tip each week, please email to: info@ablecommunitycare.com No information is passed on and it is easy to unsubscribe. Able Community Care, The Old Parish Rooms, Trowse, Norwich. NR14 8TZ www.ablecommunitycare.com Trusted for 46 years.

Legacy giving remains resilient, but the future depends on decisions made today findings also highlight a broader trend. Giving through wills is becoming an increasingly established part of estate planning, reflecting clients’ values alongside their financial and family priorities. The report found that there were approximately 44,000 estates containing a charitable gift in 2025, making it the second highest year on record. Around 104,000 charitable bequests were made, while average gift values reached £44,000. Residual gifts averaged £98,000 and pecuniary gifts averaged £6,100. Ashley Rowthorn

Solicitors have long played a central role in helping people put their final wishes into effect. Whether advising on estate planning, drafting wills or administering estates, legal professionals are often involved in some of life’s most significant decisions. Increasingly, that includes conversations about charitable giving. The latest Legacy Giving Report 2026, published by Legacy Futures and Smee & Ford, demonstrates just how important gifts in wills have become, not only for charities but also as part of the wider estate planning landscape. The report estimates that legacy income reached £4.4 billion in 2025. While this represents a modest reduction from the exceptional £4.6 billion recorded in 2024, the market has proved far more resilient than many anticipated. Following the clearance of the probate backlog by HM Courts and Tribunals Service last year, many expected a more significant slowdown in estate administration and, in turn, legacy income. Instead, estates containing a charitable gift remained close to record levels and average gift values continued to hold firm. A resilient market For charities, this resilience matters enormously. Among the UK’s 1,000 largest legacy supported charities, gifts in wills now account for around 30% of all fundraised income, with some sectors relying on them even more heavily. Legacy giving remains one of the most dependable sources of charitable funding at a time when many organisations face continuing economic uncertainty and changing patterns of public giving. For the legal profession, however, the

These figures demonstrate the continuing willingness of individuals to include charities in their wills, even during periods of wider economic uncertainty. They also underline the need for clients to have access to informed, balanced advice when making decisions about their estates. The solicitor’s role Solicitors are uniquely placed to facilitate those conversations. Research consistently shows that many people are unaware that they can leave a gift to charity alongside providing for family and friends. Others may not understand the inheritance tax implications of such giving, or the flexibility that exists when drafting a will. Importantly, the solicitor’s role is not to encourage charitable giving, but to ensure that those seeking advice are fully informed about the options available to them and that their wishes are accurately reflected. Where a client has charitable intentions, professional advice can help ensure those wishes are expressed clearly, reducing the risk of ambiguity or disputes during estate administration. The report also identifies several developments that will shape the future of the market. Planned inheritance tax changes and pension reforms are expected to increase the complexity of many estates and may temporarily affect the timing of legacy income reaching charities. At the same time, demographic change is creating significant opportunities. As the Baby Boomer generation transfers unprecedented levels of wealth over the coming decades, legacy income is forecast to grow to £5 billion by 2029 and potentially reach £10 billion annually by 2046.

Looking to the future Legacy gifts received today are the result of decisions made many years, and often decades, earlier. Overall participation in charitable giving is declining, particularly among younger generations. If fewer people engage with charities during their lifetime, fewer may choose to remember them in their wills in future. This year’s report therefore asks an important question - who are tomorrow’s legators? Understanding the motivations, behaviours and demographics of people who choose to leave gifts in wills is becoming increasingly significant. The research suggests that will writing is happening earlier in life than in previous generations, creating opportunities for charities to build longer lasting relationships with supporters. It also means that advisers involved in estate planning may find themselves discussing charitable giving with clients at different stages of life than in the past. For legal professionals, this changing landscape reinforces the importance of robust will writing and estate planning advice. As peoples’ financial affairs become more complex and family structures more varied, carefully drafted wills are essential to ensuring that personal wishes, including charitable intentions where appropriate, are fulfilled. Acting today for tomorrow The report’s central message is ultimately one of cautious optimism. Today’s market remains strong, with estates containing gifts to charity, gift values and overall income performing better than expected. However, resilience alone is not enough to secure future growth. Legacy giving is, by its nature, a longterm endeavour. The gifts charities receive tomorrow depend on the conversations taking place today, and the legal profession has a vital role in helping clients make informed decisions about the legacy they wish to leave. For solicitors advising on wills and succession planning, these conversations are among the most meaningful and lasting they will facilitate. Ashley Rowthorn Executive Director, Legacy Futures

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The 2026 Expert Witness Institute Online Conference Friday 19th June 2026 Sponsored by Bond Solon and Expert Genie Pro

Phillip Taylor MBE

Simon Berney-Edwards

Sir Geoffrey Vos KG

UNMISSABLE INSIGHTS FROM THE EXPERTS AS WE ENTER THE ERA OF AI A review by Phillip Taylor MBE, Richmond Green Chambers Each summer, the Expert Witness Institute (EWI) offers its members and inquisitive visitors what is now their well-established online Conference. It brings together expert witnesses, solicitors, barristers and eminent judges who discuss the key issues facing the expert community. It is always an event not to miss, and this year was no exception as we enter the era of Artificial Intelligence (AI).

should be “(don’t) be too helpful!”

The Chief Executive, Simon Berney-Edwards opened this year’s Conference remarking on the importance of artificial intelligence to experts. As usual for the regular attenders, the conference this year aimed at a range of issues to cover all levels of expertise, from new experts looking to develop their understanding of key issues, to experienced experts who are looking to develop their practice. The event remains highly instructive for those colleagues who work with or instruct experts.

There was an interesting review of GPT in his detailed speech. The uses made by unrepresented parties were referred to although the generally accepted view is that such use is “not universally a bad thing” because the legal landscape continues to change. Vos expressed the hope that “clients expect lawyers to use AI” because it is cheaper and quicker for them “so let’s dust off the crystal ball” to understand the uses of AI for the future!

The Opening Keynote Speech: Vos The main guest speaker, Sir Geoffrey Vos KG, who has been Master of the Rolls and Head of Civil Justice for England and Wales since 11 January 2021 addressed the conference as the first of two keynote speakers. “The use of generative AI is a very hot topic” said Vos with his rather teasing ice breaker to the experts – “what piece of career advice will stick with you throughout your career?” The sensible answer

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Vos submitted that there should be consultation on AI with a rule on what use of AI has made already plus an identification of what AI tools currently use, and distinctions drawn between different types of proceedings. “Costs and delays are reduced” he said, “but experts must follow the rules” even though they will change.

Next came the first panel discussion was chaired by Richard Edwards with panellists, Mrs Justice Joanna Smith, Fancourt J, and Samuel Townend KC. After a coffee break, another panel discussion on maintaining credibility and impact was chaired by Josef Cannon KC, with panellists Ram Kumar, Lynne Hannon, Adrian Parsons and Alexander Learmonth KC. The panel discussions are always very helpful for the exchange of views and the continue to work

well online (if we know how to use the system to exchange views!) After lunch, there was a practical session on managing undue pressure and maintaining expert independence, chaired by Peter Mulhern. This session was of particular importance to many attendees. It gives an opportunity to equip experts with ethical frameworks for their work. For many new to the conference the session offered tips on communication techniques and the practical steps needed to manage and document what can sometimes be inappropriate attempts by those instructing experts “to influence their independent, professional opinion” (a problem sometimes more common that experts would like to admit!) In the afternoon there was a most useful legal and policy update led by Sean Mosby, the EWI Policy Manager. This session is often a highlight for attendees as it brings together recent developments and is often in the morning when we might be a bit fresher. We then had an excellent penultimate session from Beth Rigby (not the tv personality) on the communication of complex evidence. It goes without saying that this year’s conference had a mix of interesting sessions which would appeal to a very wide range of experts, and it included areas new to many as always. Continues on p20

EWI Conference continued... Responsible AI adoption, stronger professional standards, and more effective ways of working under increasing pressure remain the direction of the Bar Standard Board’s new Business Plan for the future. So, for many lawyers attending those priorities are already becoming operational realities. We are expected to manage growing complexity, respond faster, and maintain confidence in the quality and defensibility of their work, while adapting to new technologies and evolving expectations. And that is where we receive so much assistance from experts, so a big “thank you” from us. And, as expert witnesses come under continual scrutiny in the courts, this year’s conference provided essential insight and practical advice to help further develop our knowledge and skills, get instructed, and win repeat business. We heard from senior members of the judiciary, solicitors, and experienced experts as we reflect

on important legal updates and ethical issues when considering what instructing parties are looking for. There was great participation in a range of practical interactive sessions and discussions which will enable us to reflect on our work. Closing Keynote Speech: Linnell The EWI were very fortunate to hear from Dr Kay Linnell OBE as the closing speaker wrapping things up at the end of a long online Conference. Kay practices as a forensic accountant and she was the closing speaker. She is a Chartered Accountant, a Chartered Arbitrator amongst many qualifications with an international Forensic Accounting practice. She has given evidence to arbitrations and Courts worldwide in civil, commercial and criminal cases. Kay has acted as advisory accountant to the Justice for Subpostmasters Alliance since 2012, so we received a great deal of sage and contemporary advice.

Email: bill.bailey1@nhs.net

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Kay Linnell OBE

From the flavour of this year’s Conference, it will be very interesting to see what emerges in the next twelve months as AI takes a much firmer hold on much of our work as experts and lawyers. The 2027 Conference will be one not to be missed.

Understanding neurodiversity in the courtroom: A legal professional’s guide to autistic presentations Introduction For the average member of the public, the courtroom is usually an intimidating, formal, and highly structured environment and participating in legal proceedings is a profoundly stressful experience. However, for neurodivergent individuals - particularly those on the Autism Spectrum, or those with Attention-Deficit/Hyperactivity Disorder (ADHD) and specific learning difficulties - the justice system can present a truly daunting barrier. Solicitors, barristers, prosecutors and judges frequently rely on standard behavioural cues to assess the credibility, reliability, and emotional state of a witness or defendant. When these traditional, neurotypical expectations are applied to autistic individuals, they can lead to severe misinterpretations, flawed credibility assessments, and ultimately, unjust outcomes. As awareness of neurodiversity grows, it is vital for legal professionals to understand how autistic traits manifest in legal settings and how to properly support these individuals. Misunderstood Presentations and the Trap of Demeanour In a legal setting, credibility is frequently judged by a person’s demeanour. Factfinders intuitively look for eye contact, steady speech, and appropriate emotional responses to gauge truthfulness and remorse. Unfortunately, these are the exact areas where neurodivergent individuals diverge significantly from neurotypical norms. Typical neurodivergent presentations are frequently mistaken for deceit, evasiveness, a lack of remorse or deliberate noncooperation. For instance, an autistic individual might avoid eye contact to reduce sensory input and manage overwhelming stress—a coping mechanism often wrongly interpreted as deliberately lying or hiding the truth. Similarly, an individual with ADHD might exhibit physical restlessness, impulsivity, or an inability to remain still, which fact-finders may misjudge as evasiveness or a lack of respect for the court. Furthermore, those with specific learning difficulties or impaired processing speed may present with hesitance in speech or delayed verbal responses, easily confused with a reluctance to answer. When recounting a highly traumatic event, a neurodivergent individual might also present with a completely blank or emotionless facial expression. While a judge or jury might view this as coldness or a lack of remorse, it is very often a sign of deep internal distress or an emotional overload. Communication Barriers and Literal Interpretation The language used in court typically operates

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on a high register - it is highly stylised, abstract, complex and full of terminology. Legal professionals regularly use idioms, hypothetical scenarios, and multi-part questions to test evidence. Autistic individuals, however, tend to interpret language literally. They may struggle to grasp the hidden implications of a question or fail to read the social nuances of the interrogation. Furthermore, the aggressive, rapid-fire questioning typically used during crossexamination acts as a significant mental block. When the pace of interrogation is too intense, the autistic individual may become entirely overwhelmed. Instead of being deliberately uncooperative or evasive, the person may simply be unable to process the incoming information at the required speed. This cognitive overload can make them additionally vulnerable to leading questions. In an authoritarian environment like a police station or a courtroom, a neurodivergent individual might exhibit a strong tendency to agree under pressure. They may agree with a barrister’s false premise simply to stop the stressful questioning, wrongly believing that compliance is the only way to escape the overwhelming situation. The Impact of the Courtroom Environment The physical environment of the courtroom itself is never a neutral space, unless probably for the magistrate officers. Rather than being chaotic, the court is a strictly structured as noted and also highly authoritative arena. Its imposing architecture, stark lighting, and entrenched hierarchy create an atmosphere of intense scrutiny - a deeply intimidating environment often magnified by the adversarial image portrayed in the media. For a neurodivergent individual, stepping into this setting is not merely stressful; it can evoke a profound sense of isolation and a truly paralysing fear. This heavy weight of authority and psychological pressure significantly impairs their ability to process information and respond accurately. The overwhelming environment can easily trigger silent anxiety, internal panic, or a complete cognitive shutdown. When a neurodivergent person experiences this level of emotional overload, they may become entirely mute or physically frozen. To a fact-finder, this freezing response often looks like stubborn defiance, deliberate evasiveness, or guilt; clinically, however, it is a well-documented neurological and emotional response to an environment that the brain can simply no longer tolerate.

The Critical Role of Objective Psychological Assessment To ensure a fair trial and prevent miscarriages of justice, it is crucial for solicitors and barristers to recognise when a client may be disadvantaged by their neurodevelopmental profile. In such cases, instructing a forensic psychologist is not just helpful; it is an absolute necessity. A forensic psychologist can provide standardised psychological evaluations using gold-standard diagnostic tools, moving the assessment of the individual away from subjective legal assumptions and into the realm of objective science. Assessments such as the Autism Diagnostic Observation Schedule (ADOS-2) and the Autism Diagnostic Interview-Revised (ADI-R) provide robust, objective evidence of an autism spectrum condition. These tools map out the specific communication and social deficits the individual faces. Additionally, cognitive profiling using tools like the Wechsler Adult Intelligence Scale (WAIS) can highlight specific deficits in working memory or processing speed. For example, a WAIS assessment might reveal that while a defendant has average general intelligence, their processing speed is severely impaired, directly explaining why they cannot cope with rapid cross-examination. Securing Special Measures and Ensuring a Fair Trial By securing this objective expert evidence, legal professionals can advocate effectively for their clients. Often, the precise necessity for additional support only becomes clear following a comprehensive psychological evaluation. Armed with this expert report, barristers can formally request appropriate special measures in court. These may include the appointment of a registered intermediary, scheduled breaks, modified questioning techniques, or alternative methods of giving evidence. Understanding neurodiversity is no longer optional for legal professionals; it is a fundamental component of ensuring equality before the law. By recognising the signs of sensory and cognitive overload, and by bringing in forensic psychological expertise to provide objective evaluations, the legal system can protect the rights of neurodivergent individuals and ensure that their voices are heard accurately and fairly. George Dimitrov, Forensic Psychologist MSc, PGDip App Psych, PhD (Cand.) Forensic Psychologist (HCPC Registered) CUBS Expert Witness Candidate

Book Review The sixth edition for 2026 combines comprehensive coverage of the substantive law with a practical approach, focusing on procedure and the common problems faced by practitioners, from court proceedings and the tactics of running a case, to challenging decisions and seeking remedies. Fortunately, the three Phases of the Renters’ Rights Act 2025 are set out at the beginning of the book to assist practitioners with an understanding of the substantial changes this statute has enacted. This edition has been fully updated to include the important new legislation and the latest developments in homelessness, including Awaab’s Law and enforcement of housing standards. As usual, Astin also covers the extensive case-law decisions since the previous edition in 2022 as much has happened in the last four years. For those new to housing law, the most importance change which the Renters’ Rights Act 2025 brings in is that private tenants will no longer be in the precarious situation of facing eviction for no reason after just six months’ occupation. Astin writes that “this will also mean that rights tenants already enjoy can be enforced without the fear that any complaint will result in the threat of eviction”. So, our legal landscape in housing law has really changed! There is a downside, too, because as Astin tersely states, “claims to remedy disrepair and poor housing conditions, as well as claims for damages for harassment and unlawful eviction, are expected to increase”. Additionally, changes to the process of increasing rents are “also likely to lead to a significant increase in referrals to the Firsttier Tribunals” so practitioners will find this new edition invaluable for the advice Astin gives us.

Housing Law Handbook 6th edition By Diane Astin ISBN: 978 1 91364 895 4 LEGAL ACTION GROUP The access to justice charity www.lag.org.uk A USER-FRIENDLY GUIDE FOR ALL INVOLVED IN HOUSING LAW IN THE 2020s An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator Diane Astin’s “Housing Law Handbook” is now established as an essential resource for housing lawyers and advisers. We are very lucky to have such useful information in this work of reference when handling housing matters in court or in conference.

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Astin also offers some reassurance, suggesting that “the culture of renting will change over time, with more focus on a tenant’s right to a safe and secure home and less on housing as an investment, with private tenants treated as dispensable”. However, the problem remains that a shortage of secure and affordable homes may only really be addressed by a sincere commitment to the building of social housing which the new Labour Party leader and PM, Andy Burnham, seems to wish to pursue! We thank the Legal Action Group (LAG) who are to be commended for continuing to publish this new edition. For those new to LAG, it is a national, independent charity which campaigns for equal access to justice for all members of society. LAG’s mission aims to strengthen the voice of the people and communities denied access to justice; to support frontline charities, lawyers and advisers to deliver access to justice; and to influence law and policy to improve access to justice and create a fair legal system for all. This book remains an easy-to-use with detailed chapter indexes which makes the finding of information quick and accurate. The date of publication of this paperback is stated as 1st May 2026 when the main provisions of the Renters’ Rights Act 2025 came into force.

Law Society News a practical checklist to help in-house teams of any size embed climate considerations into their legal advice, contracts, policies and reporting

can access justice. The new government’s response to this report will be a key test of its commitment to ensuring the legal system works for everyone.”

High risk of miscarriages of justice due to lack of legal aid warns report

SRA must think again on unworkable and costly proposals

News that a Justice Committee report has warned that lack of legal aid and increasing levels of self-representation is leading to a high risk of miscarriages of justice, comes as no surprise to the Law Society of England and Wales.

The Law Society of England of Wales has given a guarded welcome to the Solicitors Regulation Authority’s (SRA) proposal to introduce mandatory ethics training. The Society also warned that plans to impose new learning and development requirements risk creating significant costs and administrative burdens without clear evidence of benefit.

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Mark Evans

“We have long campaigned for increased investment in the justice system,” said Law Society president, Mark Evans.

New climate change guidance for in-house solicitors

“This report lays bare the consequences of years of underinvestment in legal aid.

The Law Society of England and Wales has launched climate change guidance for inhouse solicitors.

“We are pleased the Committee recognises the importance of legal aid as a crucial public service. When legal aid works properly, it protects fundamental rights and ensures the justice system works fairly for us all.

The new guide supports in-house legal teams in the public and private sectors across England and Wales in applying the Law Society’s landmark 2023 guidance which sets out solicitors’ core professional duties in the context of climate change. “Climate change is reshaping the legal landscape, and reducing carbon emissions is part of responsible legal practice,” said Law Society president Mark Evans. “We want to help in-house solicitors understand what this means for their organisation and those they advise and the steps that can be taken to reduce environmental impact in a practical and proportionate way. “The embedded nature of the in-house solicitor creates unique challenges and opportunities. Unlike external advisers, in-house counsel must navigate climate risks within the organisations they serve directly. They must balance legal duties against institutional pressures or business needs. “This guide is designed to help busy in-house solicitors identify where climate risk intersects with their existing responsibilities.” The new guidance sets out: • •

how in-house solicitors’ core professional duties are engaged by climate change where climate-related legal risk arises in day-to-day practice, from regulatory compliance, disclosure and contracts to good governance, greenwashing and litigation exposure

“The new UK government has a lot to do to repair the system. Investment in justice and legal aid adds value to the whole justice system and beyond. “Early advice steers cases away from the courts when they don’t need to be there, ensures that cases do not escalate unnecessarily and it ultimately saves time and money across the public service sector. “The Committee’s report echoes what the Law Society and other organisations have been saying for years. “Legal aid providers have been struggling to survive, legal aid deserts are growing, and an increasing number of people don’t have access to legal representation or justice. “We welcome the report’s recommendations to urgently increase financial eligibility thresholds, invest in early advice and representation where needed, rebuild court capacity and properly fund criminal, civil and family legal aid. “If the government is serious about halving violence against women and girls, then improving access to family legal aid must be central to the Family Justice Strategy. “We also continue to seek clarity from the government on their timetable for implementing the means test changes.” Mark Evans concluded: “The evidence is clear. Legal aid provision is crucial to assuring everyone

The SRA’s consultation, Strengthening our continuing competence approach,* includes proposals which require solicitors to record their learning and development needs and how they identified and addressed these, as well as annual participation in mandatory ethics discussions. “We support the introduction of mandatory ethics training as part of a programme of continuing competence,” said Law Society president Mark Evans. “However, the SRA’s current proposals are unworkable, costly and unduly prescriptive. “While ongoing competence is an essential part of being a professional, with benefits that are to be encouraged, we disagree with the SRA’s blanket approach. “The vast majority of solicitors are conscientious and up to date in their learning and development. The SRA must not impose such restrictive and costly requirements on the entire profession to address the failings of a minority of solicitors. “Solicitors should be free to decide what training methods and arrangements suit them. Large firms have reported that if the measures for ethics training go ahead as proposed it could cost them more than £1million. “We also have questions about the proposals for the wide-ranging powers the SRA is proposing granting itself to impose training. We need further information on how this power would be used, to ensure the profession is consulted appropriately before any additional requirements are imposed. “More engagement with the sector is required to determine a workable and effective approach to continuing competence.” *https://www.sra.org.uk/sra/consultations/ consultation-listing/continuing-competence2026/?s=o

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Professional services: Key considerations for implementing AI Artificial intelligence (AI) tools are becoming increasingly embedded within professional services, with uses that range from automating routine tasks to conducting deep-level data analysis. But embracing AI isn’t risk-free. A survey of underwriters conducted by the Lloyd’s Market Association (LMA) identifies Professional Indemnity (PI) as the insurance line most likely to experience AI-related losses,* driven by the potential for erroneous or hallucinated outputs.

Ultimately, practitioners need to remember that professional judgement remains crucial and should be exercised when conducting any independent evaluation of AI outputs. The quality of any services provided must not be undermined by undue reliance on technology.

Against this backdrop, we’ve set out some key areas of risk that professional services firms may wish to keep in mind when developing and implementing AI tools.

Firms need to consider carefully how data is used when training AI models and framing prompts for AI tools, including how any data inputted could be subsequently disseminated, especially in the case of open-source AI tools. How such data is treated could also have an impact on material which would otherwise be subject to legal professional privilege.

Governance and firm-wide policies As a starting point, all firms should have firm-wide policies in place which cover the responsible use of AI tools, bearing in mind that data inputs might differ depending on the nature and security parameters of the tool. The limitations of AI use should be explained to employees at all levels of the firm, including the potential for bias, generation of inaccurate information, as well as privacy concerns. Procedures, including escalation processes, should be established for the management of adverse incidents relating to the use of AI. Firms may also wish to prepare a guidance note to accompany any firmwide policy. Such guidance can include examples of how the policy applies in practice, and be periodically updated as the relevant technologies develop. Where a firm is considering developing AI tools in-house, it may wish to document how that development process took place. Key areas to cover might include a description of the tool, its anticipated function, as well as decisions made in relation to testing and evaluation, design oversight, and controls implemented regarding use of the tool. The document might also consider the likelihood of risk events materialising and any potential impacts on the firm.

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Confidentiality One of the major risks with unchecked AI usage is the potential for compromising confidential client data.

Similar considerations will apply when firms are contemplating purchasing AI tools. Firms should seek to understand exactly what data the tool can collect, where that data is stored, how long it is retained for, and whether customer or client data is used for training models. A vendor should also be able to provide specific details regarding encryption standards, model information, and the use of external data. If a vendor is unable to answer these questions in a clear manner, firms should think carefully before making a purchase. Considerations in this area frequently overlap with legal obligations concerning privacy, data protection, and intellectual property. It should be remembered that PI exposure is significantly heightened where there is an indication that confidentiality obligations might have been breached. Client knowledge of AI use Where a firm’s advice or work product contains inaccurate or hallucinated material as a result of AI use, and the client then relies on that advice, firms

may risk being accused of negligence or misleading the client. From the outset, firms should consider informing prospective clients of any AI tools to be used while work is carried out on their file. Clients may also need to be made aware of the extent of any reliance placed on the tool’s output by the firm. This could take the form of a disclaimer, and may form part of the firm’s letter of engagement. Training Many professionals, and especially those in regulated sectors, are required to exercise due care in service delivery, as well as consistently maintaining good levels of professional knowledge and skill. With the rapid adoption of AI across the professional services sector, staying abreast of technological developments may now be considered necessary to ensure that clients continue to receive a competent professional service in 2026. Firms should therefore review their current training/CPD programmes and consider whether training on AI usage may need to be further embedded. This will ensure that employees remain capable of making informed decisions when using AI tools and that they are up to date on important technological developments, including having a working knowledge of an AI tool’s capabilities and limitations. Additional training on prompt usage and redflag outputs may also be useful. For more information, contact Nicola Anthony, Risk Manager, Lockton at: nicola.anthony@lockton.com This article is co-authored by Lockton in collaboration with Kingsley Napley LLP.

*https://lmalloyds.com/lma-survey-mapsunderwriters-views-of-ai-loss-scenariosacross-key-lines/