D&DLS 57

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

August 2015

Nelsons Solicitors major office refurbishment - p.6

Also in this issue: Derby Law School • A little light holiday entertainment

Gold Patrons of the Society: Severn Trent Searches

D&DLS Bulletin Derby & District Law Society

August 2015

Contents 3 - Contents

6 - Membership News

10 - Training News

20 - Lawyer’s Health Report

3 - Editorial

7 - New Council Member

10 - New Mentoring Scheme

24 - Where there’s a will...

4 - List of Officers

8 - Derby Law School

12 - CPD Programme

25 - Book Review

5 - President’s Page

8 - Recruitment

14 - A Little Light Reading

28 - Expert Determinations

Editorial As I write this on August 18th – which you would think ought to be the peak of ‘summer’ – the best that can be said about the weather is that it isn’t raining. I am increasingly of the view that we no longer have discrete ‘seasons’ as such – just a random mix of different kinds of weather.

At least the lack of rain has meant that I have been able to complete the laying of 35 concrete slabs in preparation for the delivery and erection of a summer-house in our Paddock!

However, summer it is, and that means that things are still a tad quiet due to the holiday season, so this issue may be a bit thin on the news front. It does however contain two items from member firms – Nelsons’ office refurbishment, and Flints’ nominations for two awards – congratulations in particular to Ben Lawson on his nomination for one of the categories in the ‘Family Law Young Solicitor of the Year’ Award.

We also have an article on the launch of the School of Law at Derby University, which is due to open at Number One Friar Gate Square (known as the ‘Copper-Box’) on the corner of the Ring Road and Agard Street later in the year; if your firm has

any news which you wish to share with the rest of the local profession – awards, office moves, promotions, new hires, etc – please let me have the info and I will include it.

Nationally, the legal aid ‘strike’ continues, with little concrete sign of any break in the impasse – although by the time you read this at the end of the month things could have changed. If nothing else the campaign seems to have brought the profession together, although Andy Cash did report at the August Committee meeting (which in contrast to the June meeting was healthily quorate) that support and cohesion seemed to be somewhat greater in the Midlands and North than it was further south. It does leave one wondering what might have happened if Chancery Lane had been as active as this in defending other elements of the legal services market against government initiatives when they wore both representative and regulatory hats, and not left it until they only had representation left to concentrate on.

Dates for your diary: the Annual InterFirm Quiz Challenge, which is again generously sponsored by Severn Trent

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Searches, will take place this year on Thursday November 24th, at Derbyshire Cricket Club, and the Annual Dinner will be on Friday April 29th, 2016, at the iPro Stadium – whilst both dates are still some way off it is as well to make a note, and to start identifying the likely candidates for your team(s) of 4 for the Quiz; an entry form will be included in the next Bulletin.

If you are reading this Bulletin as your own personal copy it means that your membership has been renewed (you wouldn’t receive one if it hadn’t), but if you are reading someone else’s copy and would like to join the Society, contact me at admin@derbylaw.net for an application form. After the renewal round overall membership is broadly stable, but it would be nice to see more new members signing up following the erosion in numbers caused by the recession .

Well that’s it from me for now – I’m off to rest my aching back and knees (see para 1 above) before I tackle the 2 hours- plus lawn-mowing regime neglected in favour of slab-laying.

Peter Ball Administrator

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

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Officers and Committee Members for 2015 Officers

Other Committee Members

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 (+) Julie Skill, Chesterfield Tel: 01246 231288; julie.skill@elliotmather.co.uk Public Relations Officer (+)

Vacant Constituency Council Representative, Derbyshire (+) Vacant

(+) attend Committee by invitation

Tina Attenborough Attenborough Law, Derby Tel: 01332 558508 tina@attenboroughlaw.co.uk Janie Berry Derby City Council 01332 643616 janie.berry@derby.gov.uk 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@ simpsonslawuk.com

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

Manesha Ruparel e-mail: legal@ manesha.com Janine Hobday (01332 340221) Julie Skill (01332 372311)

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

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)

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 14th August 2015)

Copestake’s Cogitations It has been quite a busy couple of months since the last Bulletin and I have had the pleasure of attending a couple of events in my capacity as President.

The first was an invitation to the High Sheriff’s Reception which took place on June 19th at Lomberdale Hall, Middleton-by-Youlgreave, which is the family home of the High Sheriff, Oliver Stephenson. Interestingly I note from Google (where else?) that it was built in 1840 by a former High Sheriff, Thomas Bateman, to house his collection of archaeological and antiquarian artefacts. It is an absolutely beautiful building – the reception itself was held in a very large marquee on the lawn – and the whole evening was very enjoyable. It was organised to within an inch of its life which was fantastic – car-parking in the field opposite with an especially constructed walkway over the wall and over the road, a line up of army cadets up the driveway and, very important, a champagne reception! There really are perks with this role! I saw a number of people I have not seen for some years and everyone had a very pleasant evening.

Another social event saw Sue Jennings and I trekking down to London for the Law Society Council Dinner on 8 July. I think I got myself invited to that by default as Sue had asked Andrew Caplen to come to Derby, which he did as we all know, and he then asked her to the Dinner. She thought that it was meant for the then President so passed it on to me and when I queried it, politely (I can do polite sometimes!), I was told that they would be happy to extent the invitation to myself as well as Sue. We therefore decided to go and booked ourselves into the Travelodge at Kings Cross which turned out to be just as well as the tube strike was on by the time we came to go down and we were able to walk to St Pancras the next morning to catch the 9.15 a.m. back to Derby. The “do” itself was, again, great with a group of 50s girls singing the night away, the Rockabellas, another champagne reception and a lovely dinner with speeches from, of course, Andrew Caplen and Dominic Grieve QC who seemed to be very much in touch with the situation regarding legal aid (or the lack thereof) and how it was not only affecting clients but also law firms. A most enjoyable evening all in all.

On the serious front, the legal aid saga continues although it might appear that reality is, at last, to an extent sinking in. How this will actually transfer to funding legal aid going forward is anyone’s guess but our criminal sub-committee members are doing all they can on this front and should be supported by every firm.

There is now also the issue of the proposed closure of yet more courts! Quite how this can be thought to be a good idea when the ones we have complain continually of under-staffing and when that under-staffing is all too evident in the unfortunately poor service we are receiving from some courts: court hearing dates being notified on the day of the hearing; orders taking four weeks to come out when there are two-week time limits on certain aspects, etc. It inevitably leads to more work not only for the practitioner but also the court staff who have to re-list matters where dates have been missed due to late notification/late filing and so on. As I am sure most of us know – certainly Peter keeps us up to date with notifications – Nottingham courts are now piloting the possibility of evening opening until 7.30 p.m. How, I ask, is that going to be funded? Who is going to pay the court staff overtime because sure as eggs is eggs, overtime will be required and is this not putting pressure on the public

purse when leaving courts open might prevent these measures? I appreciate that by closing courts the cost of those buildings would disappear but not only would there be a cost of the court staff but also practitioners who, I have no doubt, would be reluctant to work evenings at the standard rate – although there may be no choice if a bill has to go to court for taxation ultimately. Our new council member, Michael Williams (of whom more later in this Bulletin), who works out of Buxton makes the very good point that for rural areas it can be pretty disastrous if their local courts close. Anyone then having to attend court may be required to travel considerable distances which could be either financially punitive or, in a number of cases, financially impossible. Andy Cash, Vice President of the Society, however makes the point that certainly the criminal courts are making much more use of technology with video links etc making physical attendance at court less necessary in some cases and making large paper bundles unnecessary as documents can be shown on screens in the courts. This is probably the way it is all going in the name of progress and basically again just shows how old I am and how much everything has changed since I started out.

Well, I think that is enough of Copestakes’ Cogitations for this issue as Peter succinctly put it. Onwards and upwards!!

Di Copestake President, 2015-16

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Membership News Nelsons office refurbishment

Architects’ drawing of the exterior of the refurbished Sterne House

Flint Bishop nominated for ‘Legal advisors to education institutions’

Nelsons is investing in its premises with a major refurbishment. Their offices at Sterne House in Lodge Lane will be converted into open plan, with glass entrance hall added to the front of the building.

The refurbishment will also include the addition of a new conference room on the top floor.

Staff based at Sterne House have temporarily moved out of the building and will be based at Moody and Woolley’s former premises in St Mary’s Gate - which Nelsons acquired in April - until the refurbishment is finished.

From St Mary’s Gate Nelsons will be continuing to provide a full range of legal services for business and individuals while the work is completed at Sterne House.

Chief executive at Nelsons Solicitors Tim Hastings said “the refurbishment reflected the firm’s commitment to Derby and was a continuation of its investment in the city. It will be business as usual while the works take place and we look forward to welcoming our clients and staff to our new and improved offices once the refurbishment is complete.”.

excellence in five categories – Advisory, Education Infrastructure, Education Providers, Suppliers and the grand-prix, which covers mixed awards, including an outstanding contribution award.

The ceremony, which is scheduled for 11th November at The Brewery, London – will see 28 awards handed out during a black tie event.

This is the second time in the last two years that Flint Bishop has been nominated for an award and is up against competition from firms such as DAC Beachcroft, Eversheds and Browne Jacobson.

Flints currently have over hundred schools signed up to its HR and Employment law offering, which they launched to the education sector in early 2011. It is branded under the name of FBeducation, with a bespoke website purely dedicated to this sector.

Flints Head of Employment Law, Rob Tice Flint Bishop have been nominated for an award for ‘Legal Advisors to Education Institutions’ in this year’s Education Investor Awards.

The awards are organised by the Education Investor magazine which has been around for almost seventy years. They aim keep the education industry up to date with news, analysis, helpful information as well as policy changes in their monthly magazine.

Since 2010 they have been recognising

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Flint Bishop Associate up for Young Family Lawyer award Newly-promoted Flint Bishop Associate Ben Lawson, (above right) has been nominated for ‘Family Law Young Solicitor of the Year’ at the Family Law Awards, sponsored by Jordan Publishing. There are sixteen categories in total, with Ben competing against three other Solicitors from around the UK in his category.

Ben qualified in 2011 and acts in all areas of Family Law, doing much of his own advocacy.

He is a mentor at the University of Derby,

Chair of Derby Junior Lawyers and plays an active role in the community where he currently lectures students who are looking to get into the profession.

The ceremony takes place on 8th October in a glamorous event at the Connaught Rooms in London.

This is the first time that a Solicitor from Flint Bishop has been nominated for such an award. Our best wishes go to Ben for a successful evening.

New Council Member Michael Williams persuaded by them and by others in my own Society (Buxton & High Peak) to accept the position and serve as the representative for our area in the absence of any alternative candidate. We do not want the constituency to be unrepresented.

I am writing to introduce myself as the new member of the Law Society Council for the Derbyshire and East Staffordshire Constituency.

My election occurred by mistake and without my knowledge but having spoken to your President and Hon. Secretary I have been

I have now met the Derby & District Law Society Committee prior to my first Council Meeting in September.

I will do my best to represent the member firms in the constituency during my period of office. If any member has any particular points he or she wishes to raise, please feel free to contact me. My office is at Cooper Sons Hartley & Williams, 25 Market Street, Chapel-en-le-Frith, High

Peak, SK23 0HS, telephone 01298 812138.

My office email is lesley.middleton@ cshw.co.uk . I do not have a separate number here.

I qualified in 1967 having served my articles mainly at my firm’s Manchester office but from January 1968 have been based in Chapel-en-leFrith. Initially, as one did in those days, I covered pretty well all types of work, but from the early 1970’s concentrated on non-contentious work of most kinds with occasional forays into contentious areas including appearing as a Petitioner against a Private Bill in the House of Lords and a priority case in a company receivership reported in the Law Reports.

My initial very general practice has given me a very useful overview of the different areas in which solicitors are involved and I suppose I am one of a dying breed of general practitioners in the profession.

I remain a consultant with my firm but this, as has been pointed out to me somewhat forcefully since my election, leaves me time to serve on the Law Society Council!

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Derby Law School Derby Law School – latest developments Friday 8th May saw the official launch of the Derby Law School.

To some of you reading this, this will seem a strange opening sentence because we have, of course, been offering LLB degrees at Derby for 20 years (our first cohort commenced their studies in 1992 and graduated three years later). But over those 20 years, we’ve always been part of a bigger part of the University. I’m told that Law was originally a subject area, then became part of the School of Law & Criminology and latterly part of the Department of Law, Criminology & Social Sciences.

The change to Derby Law School signifies the University’s recognition of the School’s increasing national and international profile.

It also reflects significant investment in law, exemplified by the new Derby Law School building at ONE Friar Gate Square.

All being well, we plan to be in the new premises in September in readiness for the start of the new academic year. We will be inviting members of the local professions to a special preview event and look forward to hosting the D&DLS committee in the new building under the Presidency of Diana Copestake.

The new building represents a major commitment to law in the City. Being in the city centre itself, it symbolically and literally brings the academic and practitioner sides of the profession closer together. This already happens thanks to locals such as HM Assistant Coroner Louise Pinder and solicitors Sue Jennings and Karen Cochrane working with us. We are pleased too with the range of local firms (Flint Bishop, Elliot Mather, The Smith Partnership and Geldards) who sponsor subject prizes for us. Banner Jones has recently agreed to sponsor a prize for us in Family Law & Practice and if there are other firms who

would wish to assist too and see the high calibre of law student that we produce, please feel free to contact me.

Our new premises will incorporate a new raft of teaching facilities. The courtroom opened in April by Sir John Mummery will be moved there and have pride of place alongside a new Criminology laboratory. Central to the building will be accommodation for new clinical legal education. The building will also be home to the newly-created International Policing and Justice Institute and enable us to build on links we have with a number of criminal justice agencies worldwide.

My feeling is that the next 20 years will pass as quickly as the last and in no time at all, we’ll be celebrating our ruby and golden anniversaries of offering law degrees.

Scott Atkins LLB Programme Leader

Recruitment

Job Title: Property Lawyers & Legal Assistants Job Type: Permanent & Full Time Location: Burton-Upon-Trent Salary: Competitive Salary plus Bonus Scheme Contact: Mohammed at recruitment@cdpll.co.uk

Conveyancing Direct is one of the top 15 Conveyancing Firms in England and Wales and is part of one of the UK’s leading Property Services Groups; Connells Group. We have offices in St Leonardson-Sea, Burton upon Trent and Cardiff.

W

e are looking to recruit Property Lawyers and Legal Assistants to join our team in Burton upon Trent where we have experienced significant growth and are looking to expand our team.

With top of the range IT systems and some of the best training and development in the market place, this is a great place for junior conveyancers to gain some invaluable experience and a great opportunity for experienced conveyancers to progress their career.

There is a strong supply of work provided by lenders, referrers and direct clients. On offer is a competitive salary and benefits package and an opportunity to join a growing legal business offering an abundance of career progression opportunities and a great working culture in a friendly and supportive working environment.

aspects of the residential property transaction.

They must be able to ensure due diligence in all areas of processing a residential property transaction.

The successful Legal Assistants will be responsible for supporting Property Lawyers with all aspects of a residential conveyancing transaction.

We are looking for pro-active individuals who can demonstrate good time management and organisational skills.

You must be able to work to deadlines and constantly exceed targets whilst maintaining an exceptional level of customer service. We are looking for applicants who have a positive attitude and flexible approach to work.

All levels of experience will be considered.

The successful Property Lawyer applicants will be responsible for carrying out all legal Qualifications preferred but not essential.

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PARALEGAL REQUIRED We are looking for a paralegal to work across a number of departments within the firm. The successful candidate will be efficient, well organised, an effective communicator and demonstrate a desire to secure a long term career in the law. A law degree and/or experience of working within the legal profession is preferred. Salary negotiable dependent upon experience.

Application in writing with CV to: Mrs Helen A McCoy Practice Manager Alexander & Co. Solicitors LLP 56 Friar Gate Derby DE1 1DF Closing date: 11 September 2015

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 noncrime 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.

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.

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.

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

Law Society launches solicitors’ mentoring scheme for minority groups The Law Society of England and Wales, in partnership with diversity and inclusion experts Brook Graham, is launching a mentoring programme for practising solicitors from under-represented groups and is inviting solicitors who would like to be mentors or mentees to apply for places on the scheme.

Law Society research shows that women, members of ethnic minorities, LGBT (lesbian, gay, bisexual, transgender) and disabled solicitors are under-represented at the top of the legal profession. This mentoring scheme aims to support career progression for these solicitors, many of whom have told the Law Society that they would value working with a mentor.

The scheme will also be providing mentors to the Law Society’s flagship social mobility initiative, the Diversity Access Scheme, which is set up to address the barriers faced by students from disadvantaged backgrounds.

Law Society president Jonathan Smithers said:

‘Diversity in the legal sector is improving but minority groups are still under-represented higher up in the profession.

‘We need a profession that rewards excellence equally; a profession that embodies the values we uphold in the law, and one that reflects and represents the diverse population we

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serve. With this new mentoring scheme, in partnership with diversity experts Brook Graham, we want to support individual solicitors from diverse backgrounds to flourish in their careers.

‘The relationship of mentor and mentee can be incredibly enriching and empowering for both parties, opening up fresh perspectives and building a sense of community within the profession. The Law Society and Brook Graham look forward very much to working with the first cohort of mentors and mentees in the year ahead and invite all who are interested to apply to join this free scheme.’

Lesley Brook, Brook Graham director said:

‘We’re delighted to have been asked by the Law Society to run this programme - the first of its kind in encompassing all firms across the profession. We know that those in underrepresented groups will benefit hugely from this initiative.’

The legal director of a multinational law firm talks about the benefits she has experienced as a mentor and mentee:

‘There’s an overarching sense that we are starting to identify the barriers and how they can be broken down to make a real difference in achieving our ultimate goal of more women in partnership and senior leadership positions.

‘The biggest thing I have taken away from a personal perspective is a far greater awareness of the unconscious assumptions and behaviours that we all have and exhibit, and better strategies for identifying and challenging mine and others’ default thinking and behaviours. In both my personal and professional life, I find myself stopping to question and challenge a lot more if I am (or someone else is) jumping to an assumption or acting in a way which could have unintended consequences.’

Luke Murphy, an associate at a global city firm who has been both a mentee and a mentor, said:

‘I think this new mentoring scheme is a fantastic idea. Mentors are not only a source of advice and direction but can also be a source of motivation and inspiration during challenging periods. I benefitted hugely from the insight which my mentor provided and so now I mentor and support those who are in a position I once was.’

The scheme, which will run for in 12-month cycles, is open to practising solicitors across England and Wales, from all walks of the profession.

Applications for the 2015-16 programme are now open and will close on 20 October 2015.

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:

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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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A little light holiday entertainment Ever wondered where many of our everyday phrases and sayings originated? Here – without any claims as to historical accuracy, or even credibility – are some possible explanations: There is an old Hotel/Pub in Marble Arch, which used to have a gallows adjacent to it.

Prisoners sentenced to death were taken to the gallows to be hanged by a horse-drawn dray, accompanied by an armed guard who would stop the dray outside the pub and ask the prisoner if he would like one last drink before the dray resumed its journey along the road to the gallows. If he said yes, it was referred to as ‘one for the road’. If he declined, that prisoner remained ‘on the wagon’.

They used to use urine to tan animal skins, so families used to all pee in a pot and once a day the contents would be taken off to be sold to the tannery. If you had to do this to survive you were “piss poor”, but worse than that were the really poor folk who couldn’t even afford to buy a pot - they “Didn’t have a pot to piss in” and were the lowest of the low.

Here are some ‘facts’ about the 1500s: Most people got married in June, because they took their yearly bath in May and they still smelled pretty good by June. However, since they were starting to smell, brides carried a bouquet of flowers to hide the body odour; hence the custom today of carrying a bouquet when getting married.

Baths consisted of a big tub filled with hot water. The man of the house had the privilege of the nice clean hot water, then all the other sons and menfolk, then the women and finally the children - last of all were the babies. By then the water was so dirty you could actually lose someone in it. Hence the saying, “Don’t throw the baby out with the bath water”(?!!!)

Houses often had thatched roofs, thick straw piled high, with no wood underneath. It was the only place for animals to get warm, so all the

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Plaque marking the gallows site at Marble Arch cats and other small animals (mice, bugs) lived in the roof. When it rained it became slippery and sometimes the animals would slip and fall off the roof. Hence the saying “It’s raining cats and dogs.”

There was nothing to stop things from falling from the thatch into the house. This posed a real problem in the bedroom, where bugs and other droppings could mess up your nice clean bed. Hence, a bed with big posts at each corner and a sheet hung over the top afforded some protection. That’s how ‘four-poster’ or canopy beds came into existence.

The floor was dirt. Only the wealthy had something other than dirt. Hence the saying, “dirt poor.” The wealthy had slate or stone floors that would get slippery in the winter when wet, so they spread thresh (straw) on floor to help keep their footing. As the winter wore on they added more thresh until, when you opened the door, it would all start slipping outside. To prevent this a piece of wood was placed across the bottom of the doorway hence: a ‘thresh-hold’.

In those days, people cooked in the kitchen with a big kettle that always hung over the fire. Every day they lit the fire and added things to the pot. They ate mostly vegetables and did not get much meat. They would eat the stew for dinner, leaving leftovers in the pot to get cold overnight, then start over the next day. Sometimes stew had food in it that had been there for quite a while. Hence the rhyme: ‘’Pease porridge hot, pease porridge cold, pease porridge in the pot, nine days old’’.

Sometimes they could obtain pork, which made them feel quite special. When visitors came over they would hang up their bacon, to show off. It was a sign of wealth that a man

could “Bring home the bacon.” They would cut off a little to share with guests and would all sit around talking and ‘’chew the fat’’.

Those with money had plates made of pewter.

Food with high acid content caused some of the lead to leach onto the food, causing lead poisoning and sometimes death. This happened most often with tomatoes, so for the next 400 years or so, tomatoes were considered poisonous.

Bread was divided according to status. Workers got the burnt bottom of the loaf, the family got the middle, and guests got the top, or ‘’The Upper Crust’’ Lead cups were used to drink ale or whisky.

The combination would sometimes knock the imbibers out for a couple of days. Someone walking along the road would take them for dead and prepare them for burial. They were laid out on the kitchen table for a couple of days and the family would gather around and eat and drink and wait and see if they would wake up. Hence the custom of ‘’Holding a Wake’’.

England is old and small and the local folks started running out of places to bury people, so they would dig up coffins and would take the bones to a charnel-house and reuse the grave. When reopening these coffins, 1 out of 25 coffins were found to have scratch marks on the inside and they realised they had been burying people alive. So they would tie a string on the wrist of the corpse, thread it through the coffin and up through the ground and tie it to a bell. Someone would have to sit out in the graveyard all night (the ‘graveyard shift’) to listen for the bell; thus someone could be, ‘’Saved by the Bell ‘’or was considered a ‘’Dead Ringer’’.

Probate Case Management or Probate Accounts

For further information please contact: Gregory van Dyk Watson, Managing Director of Isokon Limited.

Email: gregory@isokon.com or call 020 7482 6555. Alternatively visit www.isokon.com Isokon was founded by Gregory van Dyk Watson in 1999. The company has invested 44,000 man hours in development of the product over the last 15 years. The company is currently the leading supplier of software for Probate and Private Client work.

Isokon is used by 36% of law firms who do private client work. It is used by more than 2,000 individual users. It is used for the most complex estates, as well as basic estates. Isokon is based on an accounting database engine with an integrated Isokon case management component.

R

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SBA – the best kept secret in the profession?

SBA The Solicitors’ Charity has been working for over 150 years to ensure that no solicitor is unsupported in times of need or crisis. Many lawyers have known about the charity since the day they were admitted but for others, news that the profession has its own benevolent fund, run by and for solicitors, is a real surprise (and – hopefully – a pleasant one!).

It may also be surprising to learn that, in the last decade, SBA has distributed nearly £40,000 to Derbyshire lawyers and their families.

Even so, there is a great deal more SBA wants to do much more to reach solicitors and former solicitors in need. General awareness – especially amongst younger solicitors and HR professionals – is still too low and we need colleagues in all regions of England and Wales to help spread the word.

If you have direct knowledge of someone finding it hard to cope, please put them in touch. Perhaps there are contacts in your own professional network who’ve heard on the grapevine that a colleague is going through tough times. Make sure they know about SBA, because if we can help, we will.

Visit www.sba.org.uk for more information, telephone us in confidence on 020 8675 6440 or email sec@sba.org.uk.

Thank you.

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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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Drop in lawyers’ sick days, but high stress levels continue Solicitors continue to be in better health than the general population and the average number of sick days they take has fallen.

However, most solicitors continue to work under moderate stress. The Law Society has published research on the health and wellbeing of solicitors.

The main findings of the survey are:

Law Society president Jonathan Smithers said:

Sick days: On average, those taking time off due to ill-health or injury took 5.7 days, a fall from 6.6 days in 2013.

‘Law can be a demanding career. Many of us are drawn to the intellectual challenge and thrive on the high pressure the work entails, but we should also consider our own health and wellbeing.

‘The number of solicitors going to work when they should be taking sick leave to get better has fallen, but many still go to work when they are unwell.

‘Solicitors experiencing stress or other sickness at work should speak to colleagues or their line manager about it. The Law Society has a free helpline that offers confidential support for all our members. We also provide a range of resources to support good practice management.’

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Good health: 85 per cent of solicitors reported being in good health, a slight fall from 88 per cent in 2013 but still four percentage points above figures for the working population nationally.

Work ethic: 39 per cent of solicitors reported going to work when sick leave should have been taken, a fall from 45 per cent in 2013.

Stress levels: 96 per cent of solicitors said they experienced negative stress, with 19 per cent at ‘severe’ or ‘extreme’ levels, a slight increase from 16 per cent in 2013. Workload and client expectations were identified as the most common causes of stress in the Law Society’s 2013 research.

LawCare chief executive Elizabeth Rimmer said:

‘LawCare is here to help anyone working in the legal community who may be finding the demands of law tough. Our website

offers a range of practical information about wellbeing and we provide a free and completely confidential helpline for anyone who needs a listening ear about personal or professional problems. Everyone answering the phone has worked in the law and understands the day-today pressures lawyers face.

‘Lawyers are used to solving other people’s problems and often find it hard to admit that they are not coping with the demands of work and may be worried that not coping may be seen as a weakness by colleagues. This shouldn’t be the case. It can be very cathartic to talk to someone about how you are feeling.

Many people who call our helpline say that the chat on the helpline has really helped them to feel better and put things in perspective.’

The Law Society has a helpline for solicitors and provides support to LawCare. Solicitors needing advice can speak to: Law Society Pastoral Care Helpline: 020 7320 5795 Solicitors Benevolent Association: 020 8675 6440 Solicitors Assistance Scheme: 020 7117 8811 LawCare: 0800 279 6888

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Bank House Chambers Recommended in the Legal500 and Chambers and Partners Providing expert advice and advocacy in the following areas of work: • Care and Adoption • Criminal Law • Children Act • Contract Law • Court of Protection • Employment Law • Financial Relief • Housing and Property • Motoring Law • Personal Injury • Prison Law • Regulatory and Public Law

T

hese are possibly the most trying times ever for the legal profession. We have all come under attack from cuts to public funding, private clients requiring services at reduced rates and the emergence of alternative business structures.

However, here at Bankhouse Chambers, Sheffield, we are alive to all these issues and are working hand in hand with Solicitors, National and Local Charities, Universities and other partners to provide bespoke, cost effective legal advice and representation.

We have always remained loyal to our roots, having worked with predominately local solicitors for many years. We are extremely proud of our heritage in being able to provide a quality service and very much look forward to nurturing the professional relationships we have already established.

We are actively looking to forge new partnerships and relationships within the Derbyshire, Nottinghamshire and Lincolnshire areas to help ensure these regions remain strong and competitive in the years ahead, with a particular emphasis on the areas of Family, Housing and Property, Personal Injury, Court of Protection, Crime, Motoring and Employment Law. With over 30 barristers who specialise in a number of key practice areas and with the addition of new barristers joining us over the next few months; we can offer advocates at all levels and seniority. Our Clerking team, led by Wayne Digby, has a reputation for being dependable, honest and hard working.

For further details of what Bankhouse Chambers Sheffield has to offer or to see how we can help you, please visit our website www.bankhousechambers.co.uk or alternatively contact Wayne Digby or James Farmer on 0114 2751223.

Where there’s a Will there’s definitely a way!

You can help make sure Derbyshire’s beautiful wild spaces can be enjoyed by future generations.

Derbyshire Wildlife Trust’s Head of Business Development Jane Proctor explains more.

For many years we’ve been working with solicitors across the county to offer discounted Will writing to our supporters to encourage them to get their affairs up to date and consider leaving a gift to Derbyshire Wildlife Trust.

To put things into perspective our membership subscriptions make up just over a quarter of our income with the rest coming from a combination of grants, contracts, miscellaneous fundraising, donations and legacies – the latter contributing a massive 20% last year. The point is that without legacies we simply cannot undertake the full span of our work to protect Derbyshire’s wildlife.

In recent years legacies have really made a difference.

We’ve extended the nature reserves at Gang Mine, Hartington and Erewash Meadows enabling us to preserve species rich grassland on the White Peak plateau, protect lead tolerant plants and save an area of floodplain grasslands. In fact not many people know that our first ever nature reserve, Overdale was purchased using a legacy. However, it is not all about land purchases legacies have also allowed us to introduce thousands of children to the joys of nature and reminded thousands of adults to stop and take a look.

Without the generosity of our supporters we would not be able to do what we do, so please encourage your clients to remember the Trust when they are writing their will.

Birdwatching at sunset, Amy Lewis

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Skylark at Hartington Meadows, Amy Lewis

Book Review

by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

IF YOU ARE IN CIVIL PRACTICE, THEN YOU KNOW YOU WILL NEED ‘THE GREEN BOOK’ FOR 2015. LET US EXPLAIN WHY! the civil courts- you will see it on the bench when you go into court.

If you practise in either the High Court or County Court, then you will need to know about ‘The Civil Court Practice 2015’ familiarly known as ‘The Green Book’ which we have all seen (and come to love) during our student years.

The 4 volumes plus a CD are published by Butterworths and LexisNexis together with regular updates, and remain the essential foremost guide to bringing, defending and appealing civil proceedings. “The Green Book” is the standard reference to which judges almost invariably refer in

The work provides focused, authoritative and comprehensive coverage of the CPR from a range of experts, including judges, masters and leading practitioners and it is fully cross-referenced to ‘Butterworths Civil Court Precedents.’ The general editors are P K J Thompson and Louise di Mambro.

Known for its clear, comprehensive and pertinent explanation of the Rules, “The Green Book” continues to provide the detailed coverage we expect and need and which, as most practitioners agree, is the premier publication, unrivalled by other texts on civil procedure which are not named here! All this and the inclusion of numerous case examples and their application place “The Green Book” firmly at

the top of the litigation tree and highly relevant to readers of this Law Society journal.

All the information you could need is contained in the two main volumes with nothing archived. Yes, it is formidable but is a quite easy to use work of reference and nothing if not authoritative being presented in four formats for the 21st century.

You can use it as a book, CD-ROM, eBook and online as part of the Civil Procedure menu and very much part of the way we currently conduct our legal business with all the digital changes that lay in wait for us this decade.

It used to be that ‘The Green Book’ was published every three years (that is going back a bit now). Today, because of the frequent occurrence of massive and significant changes to the law and the CPR and PDs, it’s produced annually and in addition to the reference facilities it provides as mentioned above, it also comes with a supplementary publication, ‘Civil Court News’, supplied at intervals throughout the relevant year.

All this of course means that the Green Book and/or its supplements can be with you wherever and whenever required.

When you purchase the Green Book, you’re getting not just a book, but a service and we are very grateful to the publishers for this is where the law and the procedures are to be found.

This latest edition includes all of the most recent updates to the CPR, including the Civil Procedure (Amendment No 7) Rules 2014, SI 2014/2498; the Civil Procedure (Amendment No 8) Rules 2014 SI 2014/3299; and the Civil Procedure (Amendment) Rules 2015 SI 2015/406.

Other new developments include practice direction updates (the 76th, 77th and 78th) and the new cases in their context, together with the various legislative consequences.

There is also a note on new developments concerning fees which we feel is most welcome for the advocate.

We feel it is important to mention that “The Green Book” also comes with two additional paperback volumes. One - to give them their full titles - is ‘Civil Court Practice 2015 Procedure and Guidance’. The other is ‘Civil Court Practice 2015 Forms.’ Both extremely useful for litigation staff.

The Procedure and Guidance supplement is a handbook to which you as a practitioner can confidently turn for practical guidance on claims, appeals and applications, matters which you will encounter day to day in the civil courts.

Bearing in mind the reduction in the availability of legal aid and the resulting increase in litigants in person, it is worthy of note that the Forms supplement is useful and user-friendly, for laymen as well as professional practitioners.

In fact, the editors and publishers have stated that ‘setting out all the forms in a single volume will assist practitioners and litigants alike.’

It is interesting to quote only one small but indicative example from this particular volume. Section 8 of the ‘Guidance Notes on Completing the Respondent’s Notice’ asks what turns out to be one of the toughest questions for the bemused client; namely: ‘What decision are you asking the court to make?’ Although a difficult question for the litigant, it is at least comprehensible thanks to the clarity and helpful tone which generally characterizes this distinguished publication.

‘We’re pretty proud of it,’ the publishers have said to us. ‘We just wish more people realized how good the content is! Our editor and author team have been fantastic at making sure we are as up to date as possible.’ Yes, they have!

Considering the ever-increasing amount of legal material the civil practitioner has to assimilate, ‘The Green Book’ together with its ancillary services, functions admirably as a friend in need - which does make it an essential purchase for all who practice in the civil courts if you have not already done so.

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Is an Expert Determination always the final answer?

In previous articles I have written about How Many Routes to Resolution, about the number of ways in which disputes may be resolved. One such Chris Makin route is expert determination (“ED”) which, in my experience, is not used often enough except in dispute resolution clauses in share purchase/sale agreements.

ED allows the parties to choose an expert with the technical knowledge to understand the issues; it is confidential; the cost is usually very reasonable; and it can be fast. One of my EDs took over seven years, largely because we were waiting for the tax commissioners’ decision on some foreign trusts but, by contrast, I have just finished a share purchase/sale ED which took only four weeks, including three rounds of submissions.

All in all, I am a big believer in EDs. One of the advantages is that it is almost impossible to challenge the expert’s decision. It may seem odd that, after carefully prepared submissions and responses, all that the parties get from the expert is a one-line letter saying “X shall pay £Y to Z by (date).” But the parties wanted finality, and with a non-speaking determination that is what they get. And they get it without hurt feelings, so that it is more likely that they will do business together again in future.

Why is it virtually impossible to challenge an ED? The answer comes from Kendall on Expert Determination, where the words of that wonderful wordsmith, Lord Denning, are quoted. Here is the extract:

In Campbell –v- Edwards [1976] 1WLR403, decided in 1975, Lord Denning MR excluded challenge on the grounds of mistake altogether, except possibly in the case of speaking decisions. The case was about a challenge to a surveyor’s decision on the surrender value of a lease. The surveyor was duly appointed by the parties under the lease. The surveyor’s valuation had been £10,000 but the tenant later found two more surveyors who said that the valuation should be much lower, £3,500 and £1,250 respectively. The Court of Appeal dismissed the tenant’s appeal and held that the parties were bound by the honest valuation fixed by the agreed valuer. Lord Denning said: “It is simply the law of contract. If two persons agree that the price of property should be fixed by a valuer on whom they agree, and he gives that valuation honestly

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and in good faith, they are bound by it. Even if he has made a mistake they are still bound by it. The reason is because they have agreed to be bound by it. If there were fraud or collusion, of course, it would be very different. Fraud or collusion unravels everything.”

Fraud or collusion unravels everything…

Fine words, and so very sensible.

But what if there was no fraud, no collusion, yet the valuer’s decision is so clearly wrong, or the valuer has acted in such an incompetent way that his decision ought to be challenged?

This was the situation with the very recent Court of Appeal decision in Begum –vHossain [2015] EWCA Civ717. The facts were simple. These two ladies had set up business together operating an Indian restaurant through a limited company.

They fell out. A settlement agreement was reached, whereby Ms Begum’s shares were bought by Ms Hossain at a value decided by a Mr Oxford, from a business transfer firm.

In defence of my profession of chartered accountancy, I stress that Mr Oxford was not an accountant!

There was a very precise set of instructions in the settlement agreement, and an important element was that the valuer should look at all the books and records of the business, including handwritten records of takings. Although these records showed a very different story to the official records, one party warranted that they were a true record. In other words, it seems that the parties had been fiddling their taxable takings, but that the valuer most consider those handwritten records.

Mr Oxford did not follow the instructions in the settlement agreement. For one thing, he produced a report with reasons, contrary to the instruction that a non-speaking determination be produced. That allowed one to see that he had purposely ignored the handwritten records, on the grounds that it would require an expert accountant (me, for example!) to interpret them, despite the fact that the instructions gave him permission to engage an expert accountant.

There was more, and the – very short – judgment is a good read. The Court of Appeal found that Mr Oxford’s valuation should be set aside, on these grounds explained by Mr Justice Roth (interestingly, the most junior member of the bench):

“The question is simply one of construction of the express terms of the Settlement.

The valuer is to arrive at a fair value of the shares, having regard to the books and

records of the Company, which include the handwritten takings. That means, as a matter of ordinary construction, that he is required to arrive at his valuation by considering the content of all those documents and not simply some of them.

If he felt that he would like the assistance of an accountant, he was entitled to obtain it at the parties’ expense. In this case, Mr Oxford did not follow that mandate and the Valuation must therefore be set aside.

Accordingly, I would allow this appeal.”

The question is indeed a simple one. Mr Oxford was under contract to carry out certain duties, and in a particular way.

He didn’t do as he was told. He broke the contract by issuing a determination with reasons – first mistake – and that led the parties to see that he hadn’t used the handwritten takings records, which were warranted as being correct, and which, one assumes, would have implied a different value to that produced.

The moral is that expert determination is a skilled process, and that in choosing one’s valuer, regard should be had to their competence. For the record, I was one of the first five experts to be accredited as expert determiner by The Academy of Experts, the only professional body which issues this qualification, and I am now an examiner in ED at The Academy.

Final thought: I wonder if Mr Oxford ever got paid…

Chris Makin chris@chrismakin.co.uk www.chrismakin.co.uk

Chris Makin has practised as a forensic accountant and expert witness for 23 years, latterly as Head of Litigation Support at a national firm. He has been party expert, SJE, Court appointed expert and expert adviser in hundreds of cases, and given expert evidence about 70 times. He also performs expert determinations.

Chris is a fellow of the Institute of Chartered Accountants where he serves on the Forensic Committee, and as an ethical counsellor; he is a fellow of the Chartered Management Institute, a fellow of the Academy of Experts where he serves on the Investigations Committee, and an accredited mediator. He is also an accredited forensic accountant and expert witness.

He practises as an expert witness and mediator from West Yorkshire and his rooms at 3 Gray’s Inn Square, London WC1R 5AH. He has mediated a vast range of cases, with a settlement rate to date of 80%.

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