D&DLS 56

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

July 2015

Motoring Law Roadshow Thursday Oct. 8th Details on page 8

Also in this issue: Catherine Dixon Meeting • Risk Management • Legal Aid Cuts

Gold Patrons of the Society: Severn Trent Searches

D&DLS Bulletin Derby & District Law Society

July 2015

Contents 3 - Contents

6 - Meeting Catherine Dixon

8 - Recruitment

12 - The Management Column

3 - Editorial

7 - Will Aid

9 - Guideline Hourly Rates

13 - Overseas Motoring Laws

4 - List of Officers

8 - Training News

10 - CPD Programme

14 - The CON29DW

5 - President’s Page

8 - Membership News

11 - Booking Form

17 - What is a Barrister’s Clerk?

Editorial Due to a misunderstanding, the production schedule for this issue was delayed by a week, so I am writing this on the day I would normally expect to be receiving the Bulletin from the printers – apologies if the week’s extra wait has caused you any inconvenience (somehow I think not!).

On June 17th we should have held a Committee meeting, but for the first time in the 18 years I have been Administrator, and possibly for the first time ever, we failed to achieve the required quorum of 5, so the meeting could not proceed. I hope that this was due to short-term pressure of work affecting Committee members’ availability, and not apathy – in any event, the date of the next Committee meeting is August 12th, so I hope all Committee members will do their best to keep that date free, and attend if at all possible.

As I write this, the legal aid ‘strike’ has begun in various parts of the country – but sadly, by no means all, and of course a divided profession is music to the government’s ears. But consider the facts; it is my understanding is that there has been no actual increase in legal aid rates for at least 10 years, during which time the RPI has risen by a cumulative 37%. Add in the 8.75% cut made last year, and the further 8.75% cut effective today (July 1st) and the hourly rate for criminal legal aid is actually worth a massive 54% less in real terms than 10 years ago – any other body of workers suffering such a cut in their hourly ‘wages’ would have been out on strike

years ago – and I hate to think what French farmers (or Calais port workers) would have done by way of ‘direct action’. No doubt the government’s ‘spinmeisters’ and their allies in the popular press will again wheel out the ‘fat-cat lawyer’ canard, but surely it’s about time the profession stopped allowing successive governments to take advantage of its commitment to helping the less fortunate by expecting solicitors to do so for ever-less payment?

And as if that were not bad enough, on p9 there is an announcement from the Master of the Rolls that Guideline Hourly Rates for civil litigation are to remain unchanged from those set in 2010 – a 15% cut in real terms.

You may note the comment expressing doubts concerning the number of firms willing to participate in a survey aimed at providing evidence in support of an increase – clever that; rather than risk being backed into an uncomfortable corner by real-world evidence, decide that no-one would be that interested in taking part without bothering to find out, and move on. Clearly he has never heard of the annual ‘Costs of Time Survey’ previously conducted by local law societies (including D&DLS) when such rates were reviewed each year by the local senior civil judge, before they were ‘reviewed’ (ie frozen) centrally!

If as a result of the above you or your firm is considering a strategic rebalancing of your specialisms in an effort to decrease or remove entirely your dependence on legal aid work, you might wish to read the article

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on p12 about converting to private client work and register your interest with myself if this is something of potential interest.

As we approach the summer months (and as I write, the temperature is forecast to reach Mediterranean, if not North African, levels), things tend to go a tad quiet as holidays tend to limit participation levels, so there is little to tell you about activitywise. We have arranged a Motoring Law Roadshow for October 8th, aimed at practitioners at firms without a crime department but who might still be contacted by clients who have a motoring problem, but that is a way off yet.

And finally, the AGM in April awarded Arthur Titterton Honorary Membership of the Society in recognition of his many years’ service on the Committee, as President, and latterly as Hon. Secretary. I am pleased to advise that it has also been agreed to award Honorary Membership to John Calladine for his equally valuable contribution to the Society, as Committee member, President, and for his 8 years as Constituency Council Representative – congratulations to them both.

Incidentally, we are still without an active Council Representative following Tony Russell’s resignation due to ill-health – if you are - or might be - interested, please contact me for further details.

Peter Ball Administrator

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Officers and Committee Members for 2015 Officers

President* Diana Copestake Freeth Cartwright LLP Tel: 0845 2725674 diana.copestake@freethcartwright. co.uk Vice President* Andy Cash Cartwrigt KIng, Derby Tel: 01332 346111 e-mail andy.cash@ cartwrightking.co.uk Deputy Vice-President* Simon Stevens Eddowes Waldron 01332 348484 sws@ewlaw.co.uk Honorary Secretary* Fiona Apthorpe Geldards LLP, Derby Tel: 01332 378335 Fiona.Apthorpe@geldards.com Honorary Treasurer* Susan Woodall Astle Paterson, Burton Tel: 01283 531366 suewoodall@astlepaterson.co.uk Immediate Past President* Sue Jennings Tel: (M) 07946 609436 robskelding@squarise.co.uk

(* = Ex-Officio) Parliamentary Liaison Officer (+) Mary Honeyben Elliot Mather, Chesterfield Tel: 01246 231288; mary.honeyben@ elliotmather. co.uk Public Relations Officer (+)

Vacant Constituency Council Representative, Derbyshire (+) Vacant

(+) attend Committee by invitation

Other Committee Members

simpsonslawuk.com

Tina Attenborough Attenborough Law, Derby Tel: 01332 558508 tina@attenboroughlaw.co.uk

Stephen Woolley Geldards LLP, Derby Tel: 01332 378335 stephen.woolley@geldards.com

Janie Berry Derby City Council 01332 643616 janie.berry@derby.gov.uk

Solicitors’ Benevolent Assoc. area representative Peter Lord 9 Larkhill, Swanwick DE55 1DD Tel: 01773 541753

Finance Sue Jennings, Andy Cash Diana Copestake, Stephen Woolley, Arthur Titterton, Sue Woodall

Administrator / Bulletin Editor Peter Ball, The Old Barn Hatton Fields, Sutton Lane Hilton, Derbys. DE65 5GQ Tel/Fax: 01283 815030 e-mail: admin@derbylaw.net

Private Client Martin Salt Claire Rudkin (01332) 340211 Nikki Spencer (0115) 932 4101 Christine Hinkley (01332) 836666 Kim Kirk (01332) 600005 Tim Dysterre-Clark (01332) 600005 Kirsten Wood (01332) 340211 Rachael Francis (01332) 340211 Julie Cook (01332) 340211 Dervla McLaughlin (0115) 932 4101

Andrew Cochrane Flint Bishop, Derby Tel: 01332 340211 Via nikki.rennie@flintbishop.co.uk Lionel Conner Samble Burton & Worth, Burton Tel: 01283 565731 lionelc@sbw.cc Paul Hackney Geldards LLP, Derby Tel: 01332 331631 paul.hackney@geldards.com David Hardy Tel: 01332 842008 david.hardy1630@gmail.com Elizabeth Haysom Derwent Law 01332 780718 elizabeth@derwentlaw.co.uk Mary Honeyben Elliot Mather, Chesterfield Tel: 01246 231288 mary.honeyben@ elliotmather.co.uk Ben Lawson Flint Bishop, Derby Tel: 01332 340211 email: ben.lawson@flintbishop.co.uk Karen Reynolds Freeth Cartwright LLP 01332 361000 karen.reynolds@freethcartwright.co.uk Lewis Rose, OBE Flint Bishop, Derby Tel: 01332 226127 lmrose@flintbishop.co.uk Manesha Ruparel Bhatia best, Derby Tel: 01332 203000 manesha.ruparel@bhatiabest. co.uk Martin Salt Moody & Woolley, Derby Tel: 01332 344221 mis@moodyandwoolley.co.uk Mike Simpson Simpsons Solicitors, Derby 01332 424500 mike.simpson@

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Sub-Committees (Secretary in italics) Contentious Business Vacant Paul Hackney Mary Honeyben David Hardy Karen Reynolds Gary Adamson (01332 347300) Rebecca Carr (01332 221722) Katy Fugle (01332 367051) Steven Savage (01246 220737) Compliance Officers’ Group (COG) Vacant Criminal Litigation Simon Stevens Andy Cash Quentin Robbins Andrew Oldroyd (01332 225225) Nick Wright (01332 364751) Education & Training Sue Jennings, & all Sub-Committee Secretaries Employment and Business Law Sue Jennings Tony Russell Family Law Fiona M K Apthorpe Diana Copestake Vince Beckworth (01332 372311) Melanie Brigden (01283 226444) Claire Dean (01335 345454) David Guthrie (01332 293293) Liz Guyler (01773 749955) Nick Herbert (01332 293293) Naomi Hickman (01332 364436) Ruth Jones (01332 346084)

Fiona Lazenby (01332 346 111) Martina Longworth (01332 344221) Manesha Ruparel e-mail: legal@ manesha.com Janine Hobday (01332 340221) Julie Skill (01332 372311)

Property Law Vacant, Sue Woodall, Adrian Crowther (01332 340211), Rachel Bale (01283 561531), Natalia Delgado (01246 231288), Sally Gill (01246 231288), Stephen Gordon (01246 270112), Michael Taylor (01773 822333), Hugh Walford (01773 823999), Elizabeth Wallis (01629 812613), Andrew Cross (01629 582308), Charlotte Rosser (01332 291431).

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

Sole Practitioners’ Group (SPG) Tina Attenborough

(Last updated 29th June 2015)

Copestake’s Cogitations How time flies when you are having fun!! It is now about seven weeks since I was elevated to this honoured position.

How has it changed my life? Have I met a number of interesting people, travelled, seen the world?

Well, actually, yes!

Unfortunately, my first “official engagement”, the dinner following the medico-legal golf tournament, was held on a day when I could not attend so I had to send profuse apologies to Simon Rowley who organised the event and who reported that it was a victory for the lawyers! This reversed the trend of the last few years when the medics had a string of wins.

I am pleased to report that the meeting with Catherine Dixon, the new CEO of The Law Society in London, at the Cathedral Quarter Hotel on 15 May was a useful and enjoyable meeting for those who attended.

There was fair representation across the board from sole practitioner through to large regional firms but it was a shame that there was not representation from more local firms as Catherine was keen to find out how The Law Society could assist firms in local areas. Without representation from firms I am not quite sure how such firms imagine that their voice is going to be heard!

Ravi Hothi’s pointers for discussion were as follows:“The purpose of the review is to ensure that The Law Society, as the profession’s representative body, is ‘fit for purpose’. This event thus offers the local profession an ideal opportunity to have its say and influence the way in which Chancery Lane is organised, operates, and sets its priorities in helping the profession to meet the existing - and no doubt new - challenges which it faces.

We would be very interested to hear your thoughts on the following; • Membership of the Law Society – is the Law Society only to represent solicitors going forwards or is the term lawyer now more appropriate and inclusive of other professionals that should fall within the representational remit?

• The ‘brand’ of solicitor is perceived to carry great value, what does this mean to you and your firm, can and should the Law Society promote this to a greater degree than it currently does?

• The Law Society places a great deal of emphasis on its lobbying work, what is your perspective on the value of this and the outputs from doing so?

The above pointers were discussed in general and it was interesting that Catherine said that when she came into her role, she did not know really what The Law Society offered to its’ members, so she was much in the position of many of us in that respect.

Apparently they offer over 500 services but it was suggested to her that she could perhaps bring to the notice of local firms the main ways in which the main body can help local firms and their clients. There was suggestion from a number of quarters that the local firms did not really engage with The Law Society because of the question “well, what has the Law Society ever done for us? What can it give us?”. Catherine likened that to the Monty Python sketch – “What did the Romans ever do for us? Well, apart from the roads, the baths, a drainage system .....”!

However, until we are clear on the services offered, the apathy is likely to continue and I believe Catherine really wants to try and encourage more participation locally.

One of the queries posed, as above, was what importance solicitors put on the title “solicitor” and whether it was time for a change to “lawyer”.

According to Ravi Hothi, the outgoing partner at Wraggs was all for change to “lawyer” but I suspect that may be because Wraggs is an international firm where Americans etc might have a different meaning for solicitor!

I myself and a number of others at the meeting think that the title “solicitor” differentiates us from barristers, legal executives, paralegals and clerks, all of whom could be banded together as “lawyers”. It took a long time to qualify as a solicitor and I, personally, value that title although as was also said there is not the same respect in the community for a solicitor as there used to be in the old days (i.e. about 30 years ago!).

Catherine wishes to stay in touch with local law societies and I anticipate that she will contact us with her view of the meeting. When/if she does, I will obviously pass those views on to everyone. However, the main thrust

of it all was that as a group and in order to have any effect, we need members and we need members who will participate.

When I asked IPP Sue Jennings what sort of things she wrote about for these articles she, and indeed other PP’s, said that you can only write about what you know! Well, that left me somewhat stumped! However, I can say that having holidayed recently in Vietnam and Cambodia, it is very clear how different an attitude the Vietnamese and Cambodians have to work and life in general compared to a number of British nationals. It is very much a work ethic and they will do what appears to be the most menial task in order to provide for their families. No welfare benefit system there! They all try to speak English and those with more education are amazingly good. It is embarrassing how poor the English are at trying any foreign language on the whole – even those languages of our European neighbours. I think some of this work attitude would not

go amiss here where it does seem that a number of people seem to think that life owes them and their children a living even when they carry on having children with no prospect of being able to support them themselves. Sometimes, of course, that gives plenty of work to the care lawyers so there is perhaps something of an upside.

Anyway, rant over! I feel and hope that the economy is definitely recovering and I believe that is the view of most. Certainly it seems, from my point of view as a divorce solicitor, that people are once again taking up the reins and issuing divorce proceedings. This is no doubt because they feel more confident in being able to divide assets and move on – either that or they have decided that it is a better option than a life sentence for murder! Let’s hope that the improvement continues.

Di Copestake President, 2015-16

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Meeting with Law Society CEO Catherine Dixon I am pleased to report that the meeting with Catherine Dixon at the Cathedral Quarter Hotel on 15 May 2015 was a useful and enjoyable meeting for those who attended.

There was fair representation across the board, from sole practitioner through to large regional firms, but it was a shame that there was not representation from more local firms as Catherine was keen to find out how The Law Society could assist firms in local areas.

The purpose of the meeting was to discuss the recentlyannounced strategic review of The Law Society, as the profession’s representative body, to ensure that it is ‘fit for purpose’. The meeting thus offered the local profession an ideal opportunity to have its say and influence the way in which Chancery Lane is organised, operates, and sets its priorities in helping the profession to meet the existing - and no doubt new - challenges which it faces. Although it was good to see the firms we did see, without representation from more firms I am not quite sure how such firms imagine that their voice is going to be heard!

The purpose of the meeting was to discuss the 6 strands which the strategic review is intended to cover:- Defining our members’ interests.

What do our members want from us? How can we continue to be relevant to a diverse profession. What are the principles which bind us together – for example, ethics, trust, access to justice and supporting the rule of law. Are there new ways we can provide such support?

- Future of legal services.

How will our members’ interests change? What are the opportunities and challenges in a changing market?

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- Solicitor brand. What does the title ‘solicitor’ mean to our members and how can the Law Society help promote it to the profession, clients and the public?

Legal education and standards. What is our role in supporting legal education?

How can we raise and support professional standards? How can we support members to differentiate themselves based on excellence?

- Regulatory position. What does good regulation look like? How can solicitors use regulation (if at all) to differentiate themselves from unregulated services?

- External relations. What role do our members want us to play in influencing and lobbying stakeholders. How do we continue to promote England and Wales as the international jurisdiction of choice?

Not included specifically above, but also tabled for discussion, was membership of The Law Society – is the Law Society only to represent solicitors going forwards or is the term lawyer now more appropriate and inclusive of other professionals that should fall within the representational remit?

Catherine said then when she came into her role, she did not know really what The Law Society offered to its’ members, so she was much in the position of many of us in that respect (!).

Apparently they offer over 500 services but it was suggested to her that she could perhaps bring to the notice of local firms the main ways in which the main body can help local firms and their clients. There was suggestion from a number of quarters that local firms did not really engage with The Law Society because of the question “well, what has the Law Society ever done for us?

What

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can it give us?”. Catherine likened that to the Monty Python sketch – “What did the Romans ever do for us?

Well, apart from the roads, the baths, a drainage system .....”! However, until we are clear on the services offered, apathy (perhaps scepticism?) is likely to continue and I believe Catherine really wants to try and encourage more participation locally.

One of the questions as above was what importance solicitors put on the title “solicitor” and whether it was time for a change to “lawyer”. According to Ravi Hothi, the outgoing partner at Wraggs was all for change to “lawyer” but I suspect that may be because Wraggs is an international firm where Americans etc might have a different meaning for solicitor! I myself and a number of others at the meeting think that the title “solicitor” differentiates us from barristers, legal executives, paralegals and clerks all of whom could be banded together as lawyers. It took a long time to qualify as a solicitor and I personally value that title although as was also said there is not the same respect in the community for a solicitor as there used to be in the old days (i.e. about 30 years ago!).

Catherine wishes to stay in touch with local law societies and I anticipate that she will contact us with her view of the meeting. When/if she does, I will obviously pass those views on to everyone. However, the main thrust of it all was that as a group and in order to have any effect, we need members and we need members who will participate. [Editor’s note: the above doesn’t just apply to Chancery Lane - it also goes for your local society too!]

Di Copestake

Law Society Chief Executive Catherine Dixon

Catherine Dixon was brought up in Yorkshire, and then qualified as a solicitor, having gained a law degree and completed her Law Society finals at the College of Law in York. She also has an MBA and is an accredited mediator.

Catherine started her career in private practice, including working at Eversheds. She then joined Bupa, as the head of legal and subsequently as the commercial director of Bupa Care Services. Catherine left Bupa to spend a few years in Vancouver, Canada, initially out of the office as an instructor for Outward Bound and then as a director at Vancouver Coastal Health Authority.

Returning to the UK, Catherine joined the NSPCC as its general counsel and company secretary. She became the chief executive of the NHS Litigation Authority which indemnifies the NHS against legal claims and supports learning and improved patient safety across the NHS, in April 2012. Catherine is also a trustee for the PDSA which provides care to animals whose owners cannot afford to pay.

On 5 January 2015 Catherine took up the position of chief executive of the Law Society of England and Wales.

Wills Will Aid: a winning formula for solicitors, their clients and charities Since Will Aid was founded in 1988, the campaign has encouraged 245,000 people to write their will and in so doing has raised over £17 million in donations.

In 2014, more than 1200 branches of law firms signed up to the scheme. We estimate from early results, that around 20,000 people were able to write their Will with a Will Aid solicitor during November and that the final donation total will be approximately £1.8 million.

The money donated is shared between the participating charities (ActionAid, Age UK, British Red Cross, Christian Aid NSPCC, Save the Children, Sightsavers, SCIAF and Trocaire) and provides vital funds to help people to build their communities and improve their future in the UK and around the world.

The benefits to charity extend way beyond the participating charities. As a result of the 2014 campaign, the Will Aid charities themselves have received promises of legacies worth £6 million. But in addition, people prompted to write their will by the campaign will have pledged legacy gifts to many other charities and causes close to their hearts.

Will Aid firmly believes that most people need a Will and that this is best written by a qualified professional. This is why we recruit only solicitors to the scheme and why we promote the profession to the media and the public. To offer additional security, Will Aid has teamed up with Certainty (the National Will Register) to offer Will Aid clients free Will registration.

Our experience has taught us that the Will Aid campaign serves to push through the inertia that stops people from making a Will; the apprehension that the solicitor will be stuffy and difficult to relate to; the fear that a Will is going to cost a small fortune.

The campaign not only benefits clients and charities. There are also benefits to the firms involved. Ann-Marie Matthews, Partner and Head of Nicholson’s Private Client department reported:

“There is useful additional work coming from Will Aid clients, perhaps 60% coming back for other services, like power of attorney, trust work, conveyancing. There are referrals of parents and family members. In fact, about 15% of new clients in 2014 were Will Aid

JEFFREY C. ROSENTHAL

FCIArb FCCA MAE • CHARTERED ARBITRATOR CHARTERED CERTIFIED ACCOUNTANT ACCREDITED MEDIATOR

clients. [---] It is a crazy month, but good fun and we enjoy the challenge and opportunity to do something for several different charities.

Participating in Will Aid is good for us!”

Newly-appointed Will Aid Campaign Manager, Peter de Vena Franks said:

“Our solicitors and their clients have made an enormous difference to many lives over the years. Through the work of the charities, they have helped improve the lives of thousands of people at home and abroad. The wills written during the campaign also help people here to protect their assets and ensure that these pass to their loved ones.

As our participating solicitors testify, Will Aid is great for charity but it is also good for business – presenting the legal profession in the best possible light and attracting new clients who are likely to return for their future legal requirements.”

Solicitors can register for the November 2015 campaign now at: www.willaid.org.uk or call: 0300 0300 013 or email: enquiries@willaid. org.uk

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With my background as an accountant and adviser to numerous SMEs, and many years’ experience in dispute resolution, I can provide these services to resolve commercial disputes. I can also offer a hybrid of Med/Arb which starts as a Mediation and evolves into Arbitration if the parties are unable to settle. This is very cost-effective as there is no need to find a second neutral appointee.

As you will see from my advertisement, I am a Chartered Certified Accountant, Chartered Arbitrator, Member of the Academy of Experts and a CEDR Accredited Mediator.

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Training News Motoring Law Roadshow Derby University, Thursday October 8th, 5 for 5.30 – 7.00 pm 1.5 CPD hours; Members £24.00 inc VAT, non-members £36.00 inc VAT

Cartwright King is warning local companies not to fall foul of the impact that employee motoring offences can have on their business.

In conjunction with D&DLS Cartwright King is holding a workshop which aims to help non-crime lawyers, who are not traffic specialists, identify issues which need to be referred to motoring lawyers and thus help businesses (and where appropriate, individuals) deal with the complex issues that motoring offences can raise.

Many of the most common motoring situations are shrouded in myth and often clouded by dangerously inaccurate comment. It is vital that businesses have a clear understanding of their corporate responsibilities and provide clear guidance to employees about how to effectively deal with issues as they arise.

Dealing with Notices of Intended Prosecution promptly, keeping drivers on the road when points accumulation means they face disqualification and understanding the detail of insurance requirements, are all issues which solicitors can help companies deal with.

The presentation was originally devised to make company owners more aware of how to ensure that their staff are safe, legal and effective drivers, and provide information with clear business benefits, but will also allow local practitioners who are not traffic specialists and those who work in firms without a Crime Department, but who may as a result of existing client relationships be contacted by either individual or business (particularly small business) clients and asked about a motoring matter, to identify those which require and would benefit from referral to such a specialist.

Last year nearly 150,000 people were convicted of speeding offences and over 1 million fixed penalty notices were issued across the UK. These convictions in many cases have a significant, lasting effect not only on the individual but on their employer’s business, affecting logistics, morale and profitability.

To reserve your place please use the Booking Form elsewhere in this issue.

Membership News

Recruitment

Flint Bishop announces further promotions Flint Bishop has announced another bout of promotions this year.

Since the start of the year, Flint Bishop has mounted a recruitment drive which is set to increase the current staff count by more than 21%. In addition to two new partner promotions, Flints have now promoted five members of staff to Associate positions: Simon Griffiths is a specialist Commercial Property Lawyer whose advice covers both regional and national work.

Rachael Francis is currently based in Flints’ Ashbourne office of Flint Bishop and is provides expert advice in Wills, Tax, Trusts and Probate matters. Rachel holds the Society of Trust and Estate Practitioners (STEP) qualification.

Ben Lawson is in the Family Team and advises at both the Derby and Ashbourne offices.

Sundeep Sandhu is currently working in Litigation, and works on matters involving contractual disputes and property litigation.

Finally, Kirsten Wood’s area of expertise is Wills, Tax, Trusts and Probate with a particular specialism in inheritance tax and dealing with trusts, business assets and agricultural assets. Kirsten also holds the Society of Trust and Estate Practitioners (STEP) qualification.

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Solicitor - Systems and Compliance including COLP & COFA responsibilities (at least 2 days a week).

We are seeking to appoint a solicitor for this essential role within the firm.

You will be required to have a complete grasp of the regulatory and financial activities within the firm. The position extends beyond an inspection role requiring you to educate and motivate the people within the firm about the importance of working within the regulatory framework. You would also be responsible for maintaining and introducing the systems that underpin the standards.

The very nature of the position means you would be working closely with the Directors and Practice Manager. Ideally you would be based within our central admin department at Ripley although there may be some flexibility to work at other offices.

Previous experience in a managerial role would be desirable.

Please send your CV along with your covering email to applications@ellis-fermor.co.uk

Guideline Hourly Rates

In July 2014 I published my conclusion that I had no evidential base to make any change to the exiting Guideline Hourly Rates (GHRs), and they would therefore be remaining at their current rates, as originally set in 2010.

I said at that time that I proposed to hold discussions with the Law Society and the Government. I have done so, and I have received a detailed written response from the Law Society.

These discussions and this correspondence have not made any material change to the position I was placed in last July – there is no funding available

There is also considerable doubt that even if such funds were forthcoming there would be sufficient numbers of firms willing to participate and provide the level of detailed data required to enable the Committee (and in turn myself) to produce accurate and reasonable GHRs. This exercise is not happening in a vacuum, and I am conscious of a number of trends in the legal services market and other factors that are rendering GHRs less and less relevant. They include, but are not restricted to: in technology • advances and business practices and models;

• the ever-increasing subspecialization of the law which is seeing the market increasingly dictate rates in some fields (particularly commercial law); judiciary’s use of • the proportionality as a driving principle in assessing costs; • the greater adoption of (and familiarity with) costs budgeting amongst the judiciary and practitioners alike.

part of the process of judges making summary assessments of costs in proceedings. They also form a part, even if only a starting reference point, in the preparation of detailed assessments. They also provide a yardstick for comparison purposes in costs budgeting.

I know that for some smaller practices GHR also offer a rate to base practice charges on, and to demonstrate to clients a national benchmark.

Not least, I hope, of such factors, is a trend towards the greater use of fixed costs in litigation. I have long advocated their wider application, and will continue to press this point to Ministers and others in the hope that this important element of the Jackson reforms is implemented.

I am not therefore suggesting that the existing GHRs no longer apply.

Less relevance is not the same as no relevance, and I am conscious that there are still many uses to which GHRs are put. They remain an integral

The existing rates will therefore remain in force for the foreseeable future, and will remain a component in the assessment of costs, along with the application by the judiciary of proportionality and costs management.

The Rt Hon Lord Dyson Master of the Rolls and Head of Civil justice April 2015

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MANCHESTER 1 Portland Street, Manchester M1 3BE T: 0161 200 2477 F: 0161 200 2488 E: info@law-lords.co.uk DX: 14423 Manchester 2

LIVERPOOL Horton House, Exchange Flags, Liverpool L2 3PF T: 0151 244 5566 F: 0161 200 2488 E: info@law-lords.co.uk DX: 14423 Manchester 2

CONTRACTUAL DISPUTES • DELIVERY UP OF GOODS • SHAREHOLDER ACTIONS

ADMIRALTY & MARINE • SPORTS • BANKING • PROBATE • CONSTRUCTION

from any source for undertaking the sort of in-depth survey which the Civil Justice Council’s Costs Committee and its expert advisers consider is required to produce an adequate evidence base.

JUDICIAL REVIEW • AGRICULTURAL • ARBITRATION

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DERBY & DISTRICT LAW SOCIETY CPD TRAINING PROGRAMME 2014-15 Course Title

Area

2015

CPD Hours

Date

2015

Level*

Venue

2015

Book Via**

2015

Wills & Probate

Wills & Probate Update

5

Sept 10th

Update

Derby - tbc

CLT

Commercial Property

Commercial Property Update

5

Oct 5th

Update

Derby - tbc

CLT

Management

Money-laundering; preparing for the Fourth Directive

5

Oct 6th

Update

Derby - tbc

CLT

Crime / Motoring

Motoring Law Roadshow

1.5

Oct 8th

Update

Derby University

admin@ derbylaw.net

Residential Property

Conveyancing Update

5

Oct 21st

Update

Derby - tbc

CLT

Details of dates and venues where not shown, and of further courses, will be added in due course KEY * **

**

**

Intro =Introduction; Inter = Intermediate; Adv = Advanced; U = Update For further enquiries regarding booking or administration of CLT courses please contact CLT COURSE ADMINISTRATOR on 0121 355 0900 For enquiries/bookings for D&DLS Direct courses, or comments or suggestions for future courses please contact PETER BALL on 01283 815030.

FOR D&DLS COURSES, PLEASE POST-DATE YOUR CHEQUE TO D&DLS WITH THE DATE OF THE COURSE

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

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Derby & District Law Society Event Booking Form PLEASE SEND THIS ENTIRE FORM TO: Peter Ball, Administrator, The Old Barn, Hatton Fields, Sutton Lane, Hilton, Derbyshire DE65 5GQ Name: ……………………………………………………………………………………………………………………………………………………………………............................................

Firm: ……………………………………………………………………….…………………....…………………………….....................................................................................

Address / DX: ……………………………………………….…………………………….…………………………………………………………………………….........................................

Tel. No.: ………………………………………………………………............................................

Eail Address.: ………………………………………………………………...................................

Position Partner / Assistant Solicitor / Trainee / Legal Exec / Other (specify): ……………………………………...……………………..­..................................

Event

Date

Venue

Time

CPD No.

Motoring Law Roadshow

Thursday Oct. 8th, 2015

Derby University

5 for 5.30 7.00 pm

NonMember solicitors

Members*

1.5

(incl VAT)

No.

£24.00

TOTAL FEE*

@ (incl VAT)

£36.00

Suggestions for future CPD courses, especially for support staff:

………………………………………………………………………………………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………………………………………………………………………………

Signature:

Date:

PLEASE NOTE: if you are booking an event for more than one person or for someone other than yourself, please indicate the name, position and membership status (member / non-member) of the attendees on this form or a separate sheet, and ensure that the VATinclusive fee paid is appropriate. *Please make out a separate cheque payable to Derby & District Law Society for each separate event booked

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The Management Column The Importance of Risk Management to Professional Indemnity Insurance Established PI insurers have long emphasised the importance of a robust risk management process and philosophy within a law firm. Many insurers now include either a separate risk management questionnaire or include a specific section within the PI application form to assess the strength of a firm’s risk management. If failings are shown through a questionnaire, claims experiences and/or past regulatory disciplinary action, obtaining PI insurance can become a more difficult, painful and expensive process.

Past experiences have shown many claims result from poor file management and inadequate audit and procedural processes within a firm. It is also very difficult for insurers to defend a claim if important documentation, such as attendance notes, are missing. A leading solicitors’ PI insurer embarked on a Lexcel benchmarking exercise with their existing clients some years ago and found within a five year period the majority of their clients who had engaged in this process improved their overall claims experience.

They commented that claims stemming from poor risk management had reduced by up to 25%.

There are many examples of claims resulting from a lack of, or poor, risk controls within a firm which could have been easily avoided if the correct procedures were in place.

Common failings include: • Diary system and monitoring of key dates, • Identifying the client, • Inadequate recording of instructions and lack of attendance notes, • Lack of supervision and management of staff, • Identify and manage conflicts of interest, • Insufficient file audits within a firm, including peer to peer reviews.

Insurers see the importance of firms obtaining accreditations and maintaining such accreditations. Whilst they may not go on record claiming they offer discounts for such accreditations they can look upon an established Lexcel accredited firm more favourably.

Certain PI insurers include Risk Management tools within their offering such as web based support documents, risk consultants and webinars to provide assistance and guidance to their policyholders. Speciality Solicitors’ PI Brokers will also provide such services in helping clients reduce their overall risk exposure.

As the renewal season approaches it is important that a law firm gets the message across to their insurer that risk management is taken seriously across the firm to minimise their PI risk.

Jim Brindley Broker, Griffiths and Armour Professional Risks

Legal aid cuts – thinking of changing your focus?

As we are all aware, in recent years there have been significant changes to the legal landscape, with the prospect of more to come: the impact of financial crashes and the global recession; the Legal Services Act 2007; the rise of the non-lawyer in the law firm and the ABS; new technology; Jackson reforms; cost and availability of indemnity insurance; pressures of risk & compliance: and cutbacks in criminal and civil legal aid, to cite just a few.

They offer: - Bespoke private client conversion courses, tailored to your current client base and target market, not a “one cap fits all “ approach

Focusing on the latter, the number of practitioners currently practising in crime and civil areas is likely to outstrip available future funding, which may leave some firms, departments and/ or individual practitioners facing uncertainty - even potential redundancy.

- Innovative after-care, tailored ongoing legal and business consultancy service

As firms consider their strategic responses to the prospect of potentially significant changes in the mix of future work, Partners - and Individual practitioners - may need to now make important decisions about their future specialisms.

- Business development ie strategy of your private client department and the positioning of your practice.

Many may look to convert from legal aid into the arena of private client work. Often however generic classroom-only conversion courses offer the ability to re-train over a four day workshop, but with no after-support, and lack a practical ‘live learning’ element.

There is however an alternative approach.

The Society are in discussions with a niche training and consultancy service dedicated to the educational and business needs of private client practitioners.

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- One to one coaching with real world learning combining classroom and face to face client visits providing insight into real advice to real clients

- Add-on courses to expand specialism in areas such as tax, trusts, Court of Protection and Probate.

- Use of a fully approved SRA client contact centre to maximise the potential of private client work in your firm, thus offering an Immediate return on investment. Case-studies and testimonials are available.

If you or your firm are indeed considering such a move into, or increasing your emphasis on, private client work, and would like to explore this option further, please contact Peter Ball at admin@derbylaw.net (in strictest confidence) to register your interest.

Overseas Motoring Laws Whilst we have arranged a Motoring Law Roadshow for Oct 8th which deals with UK motoring laws, for those planning to drive abroad on holiday here are a few local laws you may not be aware of (courtesy of Aviva): Keep your headlights on in Norway It’s compulsory in Norway to keep your headlights on 24 hours a day, 365 days a year. Even in the middle of summer, where the sun doesn’t set in some parts of the country, it’s a legal requirement to have them on.

recommendation. This is still just a recommendation but bear in mind that it’s illegal to stop even if you run out of petrol on the motorway.

Also, tailgating is a no-no – and is often strictly enforced. Also, in Germany, Good Samaritan laws require drivers to stop and offer assistance if they encounter an accident scene.

Also, Norway has close to no-tolerance of drinking and driving, with a legal limit of 0.2%. This means you can’t even have half a pint before getting behind the wheel.

You need two pairs of glasses to drive in Spain If you usually wear glasses or contact lenses to drive then make sure you have a spare pair with you in Spain. If you happen to be caught without then you could have to deal with a fine.

No eating or drinking behind the wheel in Cyprus If you find yourself driving in Cyprus make sure you’re well fed and hydrated before you set off. There’s a hefty fine for anyone caught drinking even a bottle of water whilst driving. Pull over if you’re in need of a drink or a snack.

Don’t be a passenger to a drunk driver in Japan The Japanese believe that if you agree to get into a car with a drunk driver, you’re just as bad. You’ll be prosecuted just as harshly as the driver in question.

Also be warned that splashing pedestrians in Japan will result in a penalty.

Turn off satnav and speed camera alerts in France Devices capable of detecting speed cameras and warning drivers of their locations are illegal. Before driving in France you need to disable these alerts on your satnav. If you’re caught with a working device, or break any French driving laws, the French police can confiscate your license and impound your vehicle – and the French police are notorious for targeting foreign drivers.

Make sure your car isn’t dirty in Russia It’s against the law to drive a dirty car in parts of Russia, just how dirty is too dirty is entirely up to the policeman on the scene. If your car is deemed not to be clean enough then you’re likely to have your license confiscated or have to pay a penalty fee.

Watch out for wildlife in Finland There are a number of big animals that roam the countryside in Finland.

Should you be unfortunate enough to have an accident involving a reindeer, elk or any other large animal it’s illegal not to report it to the police. Also avoid using your horn when driving in Finland as it’s illegal unless you’re in danger.

Extreme speed limits on the German motorway The autobahn in Germany has lengthy sections with a 130 km-per-hour speed

Keep your shirt on in Thailand Just in case the heat was all getting a bit too much it’s illegal to drive topless in Thailand. It’s punishable by law and you could land yourself in prison or dealing with a large fine.

It’s unlikely that you’ll break the more obscure of these laws. But it’s not just breaking the speed limit or wearing your seat belt that you need to keep an eye on. Be aware of changes in driving regulations when you’re abroad so that you can relax and make the most of driving on your trip.

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Drainage and Water Are you getting the full picture?

When considering a property, home buyers don’t usually give the highest priority to drainage assets and water pipes. Hidden below ground and out of sight, it’s really easy to overlook their importance. A property’s value, title and maintenance costs, however, can be directly and in some cases, adversely, impacted by issues relating to these assets.

Geodesys offers the CON29DW for all properties in England and Wales, so we are well aware of the costly oversights that could have been identified, had purchasers used a CON29DW search instead of alternative water and drainage searches, commonly known as Personal or Regulated Drainage and Water Searches.

CON29DW: setting the standard The Law Society introduced the CON29DW to provide a nationally uniform approach to the provision of property-specific water and drainage information. With 23 standard questions it is the only drainage and water search mentioned by the Law Society in its handbook and is supported by a robust and underwritten guarantee that protects home purchasers and their legal advisor(s).

CON29DW: key benefits • Unlimited liability on residential property transactions • Updated as soon as drainage and water legislation changes • Regular legislation and product updates keep users up to date with improvements and legislation changes • Monitored by the Drainage and Water Searches Network alongside The Law Society • Swift turnaround – Personal Searches can take up to five days longer!

• Drainage and water expertise provided at no extra cost to investigate issues arising from a CON29DW, both pre- and post-sale Should I choose a CON29DW or a Personal Search?

Can your clients afford the cost, time and disruption to deal with drainage and water issues. Personal Searches do not tend to include answers to all 23 of The Law Society questions, and instead offer insurance to cover unanswered questions. As issues only tend to come to light once the buyer has moved in, the new owner then has all

the difficulties of dealing with the problem retrospectively.

and connection to the public sewer cost the owner around £10,000.

In contrast to other drainage and water searches, choosing the CON29DW gives the FULL picture. You have all the facts up-front ensuring that transactions can proceed in the full knowledge that any risks have been properly identified.

At Geodesys we had a similar situation where the CON29DW had indicated a connection, where none actually existed.

The home owner had the same issue when waste from the septic tank flooded his landscaped garden but, in this case, Geodesys arranged and paid for connection to the public sewer, as well as for removal of the old tank and waste.

What’s the risk?

This recent case study illustrates what can to wrong and gives an idea of the costs involved.

Would you want an overflowing septic tank in your garden?

A Personal Drainage and Water search was ordered in place of a CON29DW and this search indicated that the property was connected to the public sewer. In reality, there was no sewer connection and sewage drained into an old septic tank.

This was only discovered when the tank backed up causing nasty leakage into the homeowner’s garden! Resolving the issue

Call in the Geodesys experts!

At Geodesys, our internal experts are dedicated to producing the most accurate picture they can for you and your clients.

If questions regarding the location of assets are raised either during our checking process or after you receive the search, we do our utmost to find out what’s really going on, including visits to the property.

Above image: Underground cameras are just one example of the equipment we have at our disposal.

Geodesys offers the CON29DW throughout England and Wales, turn around 98% of CON29DW (Anglian Water area) within 24 hours and offer in-house training / CPD on drainage and water.

For more information contact Paul Smith, Geodesys Client Account Executive on 07764 987259 or paul.smith@geodesys.com and start getting the full picture! www.geodesys.com/con29dw

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10 2015 marks Nestor’s 10th Nearly a decade has passed

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What is a barristers’ clerk?

All lawyers will have some time come into contact with a barristers’ clerk but how many know what they actually do? There is very little written about what the role of a clerk entails. Google it and see what you get, not a lot is the answer. There have been various dramatic representations of the barrister’s clerk, most recently the Machiavellian shadowy figure of Billy from Silk. People often ask me, usually in pubs, if it’s true to life. If pressed I would have to say Neil Stuke’s portrayal of Billy is closer to the truth than is comfortable. Not in the taking of well stuffed brown envelopes but in the manipulation of the diary to ensure the right barristers are doing the right type of cases to ensure the solicitors are happy and keep coming back. This mixture of easy charm, influence and malevolence can be found in clerks rooms throughout the land.

If you are looking for a real description of the barrister’s clerk the best source is a speech given by Mr S G Newland the president of the Barristers Clerks Association in 1971.

The fabulous S.G. quotes from a text dating back to 1775 which describes the role of John Lamb who was the clerk to Mr Salt KC: “He was at once his clerk, his good servant, dresser, his friend, flapper, his guide, stop watch, auditor, treasurer.

He did nothing without consulting him, or failed in anything without expecting and fearing his admonishing.

He resigned his title almost to respect as a master, if his clerk could have ever forgotten for a moment that he was his servant.”

• His guide – He told him where to go and how to get there.

• His stop watch – He told him when to go.

• His auditor – He supervised his finances.

• His treasurer – Always have £20 ready for when your principal suddenly says “good heavens, I’ve got no money”.

• He did nothing without consulting him – Whether the decision is trivial or momentous: “Should I give up this type of work? Am I getting fat? Should I apply for Silk?”.

• He resigned his title almost to respect as a master, if his clerk could ever have forgotten for a moment that he was his servant – Never forget your place. Nobody knows where the line is, but you will immediately know if either you or he steps over it.

What is truly remarkable about this description is how relevant it is today, apart of course from the flapping of wigs. I have never flapped a wig.

Scott Baldwin St Mary’s Chambers

That is the job in a nutshell. It does however require further explanation and for this I am extremely grateful to Mr. S. G. Newland. I haven’t directly quoted all that he wrote for the sake of brevity but if you get the chance to read the full text it is wonderfully poetic.

• He was at once his clerk – Everyone who wanted the services of a barrister would have to go through his clerk. He would agree the fee for the work, arrange for the work to be completed, collect payment and bank the fee.

• His good servant – Many barristers still regard their clerks as their servant and if called upon to do some menial task it should be done with good heart as it is part of the tradition.

• His dresser – Ensuring your barrister is properly robed and has a good supply of clean collars and bands.

• His friend – The relationship between a barrister and his clerk often is most remarkable. Thrown together so constantly as they are, a bond grows up between them which is difficult to describe – it has to be experienced.

• His flapper – At the time wigs would have been powdered and would need flapping to remove excess powder.

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10 2015 marks Nestor’s 10th Nearly a decade has passed

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10 2015 marks Nestor’s 10th Nearly a decade has passed

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New Following on from the decision taken at the AGM in April to give Broadening membe

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