D&DLS issue 67

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

March 2017

D&DLS Annual Dinner 2017

Reserve your tables now!

Details p10, booking form p13 Also in this issue: In Memoriam: John Vinecombe • Office Management Gold Patrons of the Society

D&DLS Bulletin Derby & District Law Society

March 2017

Contents 3 - Contents

8 - Derby Law School

21 - Book Review

3 - Editorial

10 - Annual Dinner 2017

22 - Youth Hostel Association

4 - List of Officers

12 - CPD Programme 2017

24 - Personal Injury and Persistent Pain

5 - President’s Page

13 - Booking Form

26 - Top Ten Disaster recovery tips

6 - In Memoriam

16 - Council Member’s Report

6 - Sub-Committee News

17 - Recruitment

28 - Flood Risk

8 - Office Management

20 - Jan Bagshaw’s new Association

30 - Chancel Repair Liability

for businesses

Editorial The principal concern among criminal practitioners at present is the continuing uncertainty arising from the DoJ’s hardening of its stance on legal aid cuts. As a criminal practitioner himself, President Andy Cash has a very real interest in the outcome, and you can read what he thinks of recent development on p5.

Elsewhere, although the dust has yet to settle fully at Chancery Lane after the sudden resignation (and subsequent – and surprisingly speedy – re-emergence elsewhere) of Law Society Chief Executive Catherine Dixon, Council Member Michael Williams’ report on the February Council meeting on p16 indicates that every effort is being made to ‘keep calm and carry on’ – to quote an old wartime slogan which now decorates everything from tea-towels to coffee-mugs, but which in these times of almost constant change (or threat of change – and little of it for the better), seems as relevant now as it was then.

The Annual Dinner is fast approaching and the full details promised in the last issue (and already emailed to all members) are now available and are on p 10. As the Society’s premier social event

Published by: EAST PARK COMMUNICATIONS Ltd. Maritime House, Balls Road, Birkenhead, Wirral CH43 5RE Tel: 0151 651 2776 simon@epc.gb.com www.epc.gb.com

it offers an excellent opportunity to gain some relief from the stresses of practice, meet up with old friends and colleagues, be entertained, have a dance and have a jolly good time. Thanks to continuing generous sponsorship from Derby University School of Law and Garrandale Ltd we have been able to hold the ticket price yet again to £45.00, which represents excellent value for money, and although he may not be known to many of you the main speaker, HHJ Paul Watson QC, went down so well at last year’s Sheffield Law Society Dinner that they immediately invited him back – and if you can entertain a room full of Yorkshire folk you must be good! Please support the event by coming along – the booking form is on p13, and Andy Cash is looking forward to a good turnout.

If you keep hearing about the ‘paperless office’ and wonder what it means, or could mean for your firm, have a look at p8 and if what you read there piques your interest in knowing more, let me know and I will arrange a seminar to allow you to gain a better insight into what it means, how to implement it, and what you can expect to gain from keeping your firm up to speed with

Advertising Simon Castell

Accounts Tony Kay

Managing Editor Peter Ball

Published March 2017

Design David Coffey, East Park Studio

© East Park Communications Ltd.

developments in office management elsewhere.

On p6 we publish an ‘In Memoriam’ for John Vinecombe, former Senior Partner at Flint Bishop and a past President of this society, who was a well-respected and well-liked member of the local profession. Our condolences go to John’s wife and family.

As always, there are a number of third-party articles in this issue which we hope are of interest or value to some of you, depending on your own particular specialisms – but if you have anything to contribute which you feel might be of similar value or interest to other members, I am always happy to receive it.

That’s it from me; I have just one more Bulletin to edit before I retire on May 31st, and I hope to see many of you at the Dinner on April 28th before I go – start drawing up your guest-lists, and booking in your parties; booking/payment deadline is April 21st.

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.

www.derbylaw.net

3

Officers and Committee Members for 2017 Officers

President* Andy Cash Cartwrigt KIng, Derby Tel: 01332 346111 e-mail andy.cash@ cartwrightking.co.uk Vice-President* Simon Stevens Eddowes Waldron 01332 348484 sws@ewlaw.co.uk Deputy Vice-President* Ben Lawson Geldards LLP, Derby Tel: 01332 331631 Honorary Secretary* Fiona Apthorpe Geldards LLP, Derby Tel: 01332 378335 Fiona.Apthorpe@geldards.com Honorary Treasurer* Martin Salt Maclaren Warner, Ilkeston Tel: 0115 9304994 martin.salt@maclarenwarner.co.uk Immediate Past President* Diana Copestake Freeth Cartwright LLP Tel: 0845 2725674 diana.copestake@freeths.co.uk

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

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

(+) attend Committee by invitation

4

Other Committee Members Scott Atkins Derby School of Law Tel: 01332 593445 S.Atkins@derby.ac.uk

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

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

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

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 Sue Jennings Tel: (M) 07946 609436 robskelding@squarise.co.uk Karen Reynolds Freeth Cartwright LLP 01332 361000 karen.reynolds@freeths.co.uk Lewis Rose, OBE Flint Bishop, Derby Tel: 01332 226127 lmrose@flintbishop.co.uk Claire Rudkin Flint Bishop, Derby Tel: 01332 340211 claire.rudkin@flintbishop.co.uk Manesha Ruparel legal@manesha.com Mike Simpson Simpsons Solicitors, Derby 01332 424500 mike.simpson@ simpsonslawuk.com Susan Woodall Astle Paterson, Burton Tel: 01283 531366 suewoodall@astlepaterson.co.uk

www.derbylaw.net

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 Sub-Committees (Secretary in italics) Contentious Business Stephen Woolley Paul Hackney Mary Honeyben David Hardy Karen Reynolds Gary Adamson (01332 347300) Rebecca Carr (01332 221722) Katy Fugle (01332 367051) Steven Savage (01246 220737) 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 Family Law Fiona Apthorpe Diana Copestake Ben Lawson Manesha Ruparel Julie Skill Vince Beckworth (01332372311) Melanie Bridgen (01283 2264440 Claire Dean (01335 345454) Liz Doherty-Astle (01332 592523) David Guthrie (01332 293293) Liz Guyler (01773 749955) Nick Herbert (01332 293293)

Janine Hobday (01332340221) Ruth Jones (01332346084) Gareth Protheroe (01332 340211) Natalie Yeung (01332 331631) Finance Andy Cash Simon Stevens Ben Lawson Sue Woodall Fiona Apthorpe Di Copestake Private Client Claire Rudkin Martin Salt (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 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 7th March 2017)

President’s Page Running north on a slow train to Leeds, I am surrounded by people working on laptops or in detailed mobile phone conversations about business meetings on a range of unknown topics.

This hubbub might start to make me grumpy, but I began the day doing a radio interview about road rage where I advocated taking at least two deep breaths and staying calm. This may work to avoid fury on a train or angst in a traffic queue but I regret it seems to have little impact on the way the Machiavellian conduct of the Ministry of Justice makes me feel.

You may recall the turmoil which criminal lawyers went through in 2015 being driven to withdraw services in the hope of raising awareness about the damage being caused to the criminal justice system by both imposed and proposed cuts.

That period ended with the move of Chris Grayling Esq away from the Ministry of Justice and an agreement to postpone further cuts pending negotiation.

The Law Society nationally entered into negotiations optimistically, together with other representative bodies and the Ministry of Justice.

Those negotiations were all predicated on promises from the Ministry that all would be “cost neutral”.

The meetings were reported to be making significant progress when, just before Christmas, they stopped. The reason was that the MOJ presented a package which was “with the minister” and would be the basis of formal consultation - in other words it was a precursor to the imposition of those terms on 1 April this year and no further movement or negotiation was to be expected.

In the circumstances, there being nothing left to negotiate The Law Society and the other representative bodies withdrew. Details are available of course, but the terms we are invited to accept are very definitely not cost neutral - far from it. If they come into effect there must be a risk that many firms will cease criminal legal aid work altogether, and those without other income streams will find it difficult to survive.

colleagues who are fearful for their very future in the profession.

I came to back to Derby in 1985 and began work as a criminal advocate at a time when my boss John Waldron was doing licensing with a jovial lawyer called John Vinecombe. I am saddened by his untimely loss and join in the comments made elsewhere in the Bulletin.

Away from the world of crime there have been some positives including a very enjoyable meeting of advocates with higher rights and solicitor advocates. We met at the Silk Mill Ale and Cider Bar in Derby and were joined by his honour Judge Bennett. The meeting was well received and will be repeated.

Together with Vice President, Simon Stevens, I met with Hardyal Dhindsa Derbyshire’s Police and Crime Commissioner. We had a wide ranging discussion and the Commissioner has accepted our invitation to attend at least one of our meetings.

By the time you read this the Triathlon at Derby University will have taken place and I hope will yet again indicate the positive benefits that grow from the close links between the Society and the University.

Finally, the Annual Dinner! I am looking forward to putting on my DJ at the end of April and I hope that everyone will be able to come along and celebrate together the strengths of our profession and the friendship and camaraderie that will survive for many years to come The evening is planned to be full of humour and short speeches to enable plenty of time for sociable communication. Please encourage all that you meet to contact our Administrator with a view to booking either places or even better, tables, for the evening.

My train is pulling into Leeds station and I am breathing deeply and exuding an aura of the upmost calm!

Andy Cash President, 2016-17

The Law Society cannot launch a legal challenge against a consultation, and the proposed terms will come into effect within two weeks of the end of the proposed consultation We are meeting to consider what can be done but for now I am urging every firm and every individual solicitor to respond to the two consultations as it may be that simple weight of numbers will draw the government’s attention to the implications of what is proposed. Derby and District Law Society are making appropriate representations via our Criminal sub committee, with the full support of the Committee and Officers.

The document is at https://consult.justice.gov.uk/digitalcommunications/lgfs-and-court-appointees/ It makes me very sad that the last weeks of my year as President seem destined to be filled with such dire debates and talks with

www.derbylaw.net

5

In Memoriam and Barnett in about 1960 and qualified in 1966 or thereabouts. He became a partner in approximately 1968 and worked mainly with the late Arthur Willis for many years, concentrating on all forms of litigation.

On Arthur Willis’s retirement in approximately 1990, John Holmes became senior partner and John Vinecombe became managing partner until John Holmes retired in 1996 when John became senior partner. He subsequently retired in 2002 and became part-time chairman of an employment tribunal operating for the Manchester area.

John Vinecombe; 1942 - 2017 John Vinecombe, Senior Partner at Flint Bishop and a Past President of Derby & District Law Society, sadly passed away recently Stuart Underwood writes: John was born on January 2nd, 1942. He attended Ratcliffe College in Leicestershire, before commencing 5-year articles straight from school. It is believed that John first joined Flint Bishop

John had a considerable reputation in the field of litigation and concentrated mainly on employment law and construction litigation.

Whilst working with the late Arthur Willis, Flints also dealt with crime, motoring and other matters. John also dealt with licensing matters following the retirement of the late Jack Barnett, becoming recognised as the leading licensing lawyer in the county.

John was very much an old school lawyer in that he covered all fields of litigation in his time.

He had an excellent reputation in his specialist fields and was a very strict managing partner (don’t I know it!). On the other hand he was very affable and interacted well with all the staff, particularly at the Christmas party.

John enjoyed his social life. John Holmes recalls that during their time as Articled Clerks (as they were in those days) John was a notable ‘lad about town’ and he was no stranger to establishments such as the Yew Tree at Ednaston. He participated in huntin’ shootin’ and fishin’ although John Holmes commented that ‘he never looked safe on a horse’. He also played rugby in his youth and was a lifelong supporter of the rugby club.

He was President of the Derby & District Law Society in 1998-99 and rose to the occasion at the Annual Dinner by delivering a memorable speech.

In August 2008, John had a significant role to play in getting Underwood Vinecombe off the ground. Speaking for myself, I certainly would not have contemplated this venture without John’s involvement. In the early days his experience was very much appreciated and up until very recently he chaired the monthly management meetings. His contribution was invaluable. Mark and I never looked forward to the meetings as we were always expecting a “b*ll*cking” to come for things we had not done but ought to have done.

He will be sorely missed, was very much liked by all members of the staff, a real character in the legal world.

Sub-Committee news Family Law The Family Law sub-Committee have not met this year as yet, but instead organised a very productive meeting with our local District Judges, the minutes of which will be circulated in due course, once approved.

Membership/Attendance We are keen to encourage a wide membership particularly from more outlying areas. Prospective members will need to be fully paidup Members of Derby & District Law Society. If you are interested in joining us please contact Fiona.

Database A reminder that the database of Family Practitioners is a very useful method of communicating information to family lawyers locally.

Could everybody please double check that all Members of their Family Team are included. If you are not included please let Fiona have your email address.

6

www.derbylaw.net

Local Family Justice Board The Derby Family Local Justice Council was originally set up in 2005. It was subsequently resurrected as the Local Family Justice Board. Many sub-Committee Members are Members and if you want to be on the LFJB’s mailing list and be sent information about training events etc please contact Joanne. eaton1@hmc.gsi.gov.uk Rights of Audience A reminder that experienced Legal Executives can apply to the FPC locally for rights of audience on a generic basis rather than having to apply individually on a case by case basis. There is a Protocol in force. Anyone who wants to take advantage of this should contact the Court direct.

Fiona M K Apthorpe Secretary

Office Management Is it time to consider switching to a “paperless” working environment?

Look at the working and client files within the business. If these are still paper files, ask yourself the following –

It’s no secret that the government wants the NHS to be a paperless by the year 2020. Whether this is achievable or not, only time will tell, but the government clearly feel that the benefits to be gained from a paperless working environment outweigh the costs to get there.

Many other companies have already seen these benefits and decided to take the plunge and go paperless themselves, especially those where paper plays a key role – Solicitors, Accountants, Chartered Surveyors, Estate Agents, Construction companies and many more, all these businesses have lots of paper within their organisations.

• Does more than one person ever need access to these files?

• Does your organisation have more than one office?

• Would it be beneficial to be able to access the files remotely, say from another office or from home?

• Would it be beneficial to be able to access the files using your phone or iPad? If the answer to any of these questions is yes, then perhaps it’s time to consider going paperless. It’s not as scary a transition as you might think.

Simon Evans Clearview Ltd

What are the benefits to be gained from going paperless?

• Improved Staff Efficiency • Increased Security • Reduced Overheads • Greater Working Space • And it’s Environmentally Friendly……

How do I know if my business can benefit from going paperless?

There are various ways to look at this -

If you think that your firm might benefit from moving to paperless working, let Peter Ball know at admin@derbylaw.net – if there is sufficient interest he will arrange for a presentation from the authors of this article about the benefits and how these can be achieved. They will also provide a demo of a paperless system so that you can see how easy it is and what extra benefits you will be able to achieve but also automating some of your business processes. If there is insufficient interest to justify a presentation he will pass your details on so that you can discuss matters directly.

Derby Law School extremely short, and followed in quick succession – lawyers being busy people - and were more like a ‘speed-dating’ exercise than a formal interview I was overwhelmed to receive a confirmation email with my name on it; I read and re-read it at least twelve times, but the name on the page remained. It was so refreshing to go into an interview environment and not to be judged solely on what my merits or past achievements were, or the length of my C.V; but by my aspirations for the future and desire to experience what can only be described as a life-altering opportunity for me.

President Andy with New York-bound Heidi.

New York! New York!

New York! New York! Derby and District Law Society President Andy Cash and Vice President Simon Stevens kindly gave the students here at The University of Derby the opportunity to present ourselves in the hope of being selected for one of ten places available on a 10-day trip to New York! Applications were written, interviews attended, and anticipation descended.

As a ‘twist’ on the usual interview process, all interviews were

8

www.derbylaw.net

It has instilled a confidence in many students here, that we are all capable of achieving positive recognition, and that if an opportunity arises, it should be grasped with both hands, for the outcome could be life-changing; because sometimes others can see in us qualities we are unable to see in ourselves.

The trip to New York itself has become secondary to the confidence we have gained and the lesson we have learned – to have more faith.

To Derby and District Law Society, we could not be more grateful for your time and involvement.

Heidi Harris Law Student

D&DLS Annual Dinner 2017 As numbers have to be confirmed to the caterers and meals paid for in full one week prior to the event the deadline for confirmed (ie paid-for) bookings is Friday April 21st.

Thereafter I will require your guest-list and menu choices plus a seating-plan if required, by Wednesday April 26th.

As this will be the 20th and last Dinner I will be responsible for organising I hope that I might see many old as well as new faces, to help me go out on a ‘high’, so please start drawing up your guestlists and sending in your bookings.

If you require any further details please drop me an email at admin@ derbylaw.net or call on 01283 815030.

Peter Ball

Friday April 28th, 2017 Whilst there was an article in the January Bulletin asking for you to reserve the date, further details of the Annual Dinner were promised at a later date, when all were finalised – so here they are!

Please circulate widely among non-member colleagues to ensure that as many as possible are aware of them.

This year’s Dinner will be held at the Pride Park Stadium, Derby, on Friday April 28th, 7.15 for 7.45 pm til 12.30 am, and President Andy Cash invites all members and guests to attend.

Thanks again to generous sponsorship from The University of Derby Law School and Garrandale Ltd, the ticket price has - yet again - been held at £45.00 (£37.50 + VAT), representing excellent value for money.

Dress code is black tie for gentlemen.

Seating is at circular tables of 10, but there is no need to book complete tables as smaller parties can be accommodated on mixed tables.

The Dinner is the Society’s premier social event, and as such the emphasis will be firmly on entertainment, so you can invite guests in the sure knowledge that they will enjoy themselves and be grateful for the invitation.

There will be short speeches and music for dancing, The main speaker is His Honour Judge Paul Watson QC, who may not be known to many of you, but when he spoke at Sheffield Law Society’s Dinner recently he was so entertaining and well-received that they immediately invited him back again! I believe he has been described as ‘the Jasper Carrott of the Judiciary’ - make of that what you will!

There is a booking form elsewhere in this Bulletin so to reserve your table(s)/places please send the completed form together with a cheque for the appropriate amount (to secure the booking) made payable to ‘Derby & District Law Society’ and sent to: ‘D&DLS Dinner’, The Old Barn, Hatton Fields, Sutton Lane, Hilton, DE65 5GQ.

10

www.derbylaw.net

Menu Thai Crabcake with a Sweet Chilli Dressing and Pickled Cucumber or Herb-topped Goat’s Cheese with Ciabatta Crisp and Dressed Rocket (v) • Corn-fed Chicken with buttered Fondant Potatoes, Spiced Braised Red Cabbage, Baton Carrots, Pan Jus or Haloumi, Red onion and Tomato Tarte Tatin (v) • Salted Caramel Cheesecake or Fruit salad • Cheese & Biscuits • Coffee & mints

DERBY & DISTRICT LAW SOCIETY CPD TRAINING PROGRAMME 2017

Area

Course Title

2017

CPD Hours

Date

2017

Level*

Venue

2017

Book Via**

2017

Residential Property

Unregistered Conveyancing a Necessary Competence for Property Lawyers

3

16/03/2017

Update

Derby

CLT

Wills, Probate

Advising & Planning with the Residence Nil-Rate Band

3

07/04/2017

Introduction

Burton upon Trent

CLT

Civil Litigation

Litigation Drafting - a Comprehensive Guide

6

14/06/2017

Foundation

Derby

CLT

Family

Family Law Update 2017

6

21/09/2017

Update

Chesterfield

CLT

Commercial Property

Commercial Property Update 2017

5

28/09/2017

Update

Derby

CLT

Residential Property

Conveyancing Update 2017

5

19/10/2017

Update

Derby

CLT

Family

Business Assets in Divorce Masterclass

6

tbc

Intermediate

tbc

CLT

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

**

**

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

12

www.derbylaw.net

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.

Annual Dinner

Friday April 28th, 2017

Pride Park Stadium

7.15 for 7.45 pm 12.30 am

NonMember solicitors

Members*

n/a

(incl VAT)

No.

£24.00

TOTAL FEE*

@ (incl VAT)

£45.00

Suggestions for future CPD courses, especially for support staff:

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

What other services would you like to see this Society provide for the profession locally, you and/or your firm?

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

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

www.derbylaw.net

13

www.derbylaw.net

15

Council Member’s Report Report on Law Society Council Meeting February 2017 ‘Business as usual’ is the strong message coming out of Chancery Lane, notwithstanding the resignation of the Law Society’s Chief Executive, Catherine Dixon. Certainly, at the Council meeting on 8 February, there was strong evidence that this was the case and that work was proceeding normally.

the January edition of the Bulletin which I think hit the nail on the head.

The President, Robert Bourns, was warmly congratulated on his handling of a situation which, having regard to all the surrounding circumstances, was difficult and delicate (eg. maintaining contact with the Government in areas where she had been heavily involved).

The Council meeting was constructive and actually one of the best I have attended, with members very much focused on the matters in hand. There is clearly a widespread feeling that we need to move the governance review on, and much of the March meeting will be devoted to that. Prior to that occasion all Council members will be responding to a consultation document and a broad crosssection of members interviewed in depth. In a curious way, recent events have probably helped rather than hindered the process of getting governance right.

Considerable concern was however expressed that Catherine’s resignation letter was in the hands of the press within 10 minutes of being delivered to the President.

It would not be appropriate for me to comment further, but I would refer you to comments made in Peter Ball’s editorial in

On other matters, it is depressing to have to report that everyone who is not a solicitor seems continually to be trying to undermine our profession. Such things as standards of entry to the profession, professional behaviour and compulsory professional indemnity insurance seem to be

16

www.derbylaw.net

undervalued when “consumer interest” and “diversity” are discussed. As far as I can see, the SRA is no friend of the profession. It has complained to the Legal Services Board that The Law Society is unreasonably interfering in its activities; this is strenuously denied, but the LSB is investigating nonetheless.

I am satisfied that the Regulatory Affairs Board is keeping a very watchful eye on all developments in this area and doing their best to argue our corner against those who seek to undermine and denigrate us.

These are the areas where there is a regular need to fight our corner. We cannot take the status quo for granted and whenever we get the opportunity we need to impress upon the public and in particular, politicians, how important an independent and properly qualified solicitors’ profession is.

Michael Williams Constituency Council Member

Recruitment - Positions Vacant

We are a well established practice in Derby and have the following exciting opportunities to expand our team and are seeking to recruit:

(Pyms Briggs Sayer)

1. RESIDENTIAL CONVEYANCING PROFESSIONAL

of The Triangle, 131 Bridge Street, Belper, Derbyshire, DE56 1BJ have a vacancy for an

Applicants should be client focussed and have experience of working through all aspects of a property transaction including freehold and leasehold sales, purchases and remortgages, help to buy transactions and plot sales and purchases. Salary negotiable according to experience.

Experienced Full time Conveyancing Solicitor/ Conveyancer to work at our Belper Office: 01773 822307

2. EXPERIENCED CIVIL LITIGATION SOLICITOR/ LEGAL EXECUTIVE Applicants should be client focussed and capable of working unsupervised. Salary negotiable according to experience.

Covering email with CV by 31 March 2017 to:

Please contact Michael Sayer at: mbssayer@pbssolicitors.co.uk or Ron Day at rday@pbssolicitors.co.uk attaching a CV

hm@aandco.co.uk

We wish to recruit an experienced Commercial Property Lawyer who has Conveyancing experience.

The succesful candidate will have at least 3 years PQE and should have the ability to deal with a busy mixed caseload and work to CQS quality standards.

Commercial work will include; * Negotiating and drafting contracts and leases * Landlord & Tenant * Acquisitions and Disposals The applicant must be confident in handling commercial property matters through to completion with minimum supervision.

This is an excellent opportunity for the right candidate at a longstanding succesful firm.

Please supply CV and reply to Bruce Kirk at: SGC Solicitors, 25 Derby Road, Long Eaton, NG10 1NA, email: bruce.kirk@sgcsolicitors.co.uk

www.derbylaw.net

17

Expert Witness Jan Bagshaw Creates New Association Jan undertakes instruction for general nursing matters as well as her specialised field of Epilepsy and Nurse Prescribing.

Having the back up of a team of specialist nurses there is plenty of flexibility for Court appearances as an Expert Witness.

The new premises in Heywood In an exciting move for 2017 Jan Bagshaw RM RN Nursing Expert and her long term business associate Peter Ruffell have become a formal association and moved into superb enlarged premises in Heywood the heart of Greater Manchester (GM). The new company Bagshaw-Read Associates is linked with the twin companies of National Epilepsy Training and National Epilepsy Care giving a comprehensive service of Training, Care and Legal in one location. The new premises could not be more apt as they were once the Old Police Station and Court House for the locality before the GM reorganisation into larger areas with purpose built Police Stations and Central Court. A considerable sum of Euro funding was spent on refurbishing. The

offices are very modern whilst still retaining the character of the fine building. The original Court Room has been retained which is an ideal training and symposium venue together with various featured rooms for consultations and team meetings.

Jan Bagshaw RM RN PG DipEpilepsy heads the organisation and brings her skills from 30 years in the NHS and subsequent 7 years in private practice including Bond Solon training which has enhanced the already successful and reputed businesses.

Jan has the support of highly skilled staff to enable a turnaround time to be approximately 6 weeks from receipt of the bundle of records for screening reports and part 35 reports.

Jan manages clients with Epilepsy working with Court of Protection and Insurance Organisations.

Consultations, assessments, care planning, training of healthcare professionals and attending multi-disciplinary team meetings (MDT) are some of the services which are part of the Association’s capability. Services are provided throughout the UK and overseas.

Jan Bagshaw RM RN PG Dip-Epilepsy Nursing Expert & Expert Witness

Peter Ruffell HN Dip EE is Commercial Director and Practice Manager and brings a wealth of experience and organisation ability to the administration, logistics and team organisation.

• 30+ Years Experience • Bond Solon Training • Highly Skilled Staff • 6 Week Turnaround Bagshaw-Read Associates National Epilepsy TOPS Centre Hind Hill Street, Heywood, Greater Manchester OL10 1AQ

The Court Room

20

www.derbylaw.net

Tel: +44 (0) 1706 373075 Email: admin@ nationalepilepsytraining.co.uk www.nationalepilepsytraining.co.uk Practice Manager: Peter Ruffell 07814 102215

07905 894770

IGL Costs • 25 Snitterton Road, Matlock Derbyshire DE4 3LZ E: iain@iglcosts.co.uk • iglcostsderby.co.uk

Book Review

by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

MR JUSTICE McCARDIE (1869-1933) Rebel, Reformer and Rogue Judge

mention of him in the recently published ‘History of Middle Temple’ of which he was a member.

Perhaps these oversights will eventually be redressed with the publication of this book.

By Antony Lentin

This particular judicial biography grew out of an entry on Mr Justice McCardie which the author was asked to write for ‘The Oxford Dictionary of National Biography’ – and a startling journey it has obviously been. Lawyers, academics and general readers interested in all things judicial – and their effects on social change -- will be especially fascinated.

ISBN: 978 1 44389 780 8 CAMBRIDGE SCHOLARS PUBLISHING

www.cambridgescholars.com ‘ST GEORGE IN A WIG’ – A NEW BIOGRAPHY OF A ‘JUDICIAL MAVERICK’ How fleeting is the fame of judges -- well known one day and consigned to obscurity the next -- a mere footnote in legal history. Such seems to have been the fate of Mr Justice McCardie, who if Antony Lentin’s latest biography is anything to go by, was an especially notable and fiercely controversial judge.

A High Court judge from 1916 to 1933, McCardie was a household word in his day, a towering figure around whom clouds of controversy continually swirled. Almost like Lord Denning in the latter half of the twentieth century, the name of McCardie has undergone a sad eclipse, as evidenced rather poignantly by his bronze portrait bust in the Queen’s Room at Middle Temple Hall, which inexplicably bears no plaque which identifies it. Also, it seems that there is no

‘St. George in a wig’ McCardie was both lauded and denounced for his iconoclasm, says the author, notably on ‘his insistence that ‘the law must move with the times’. He deplored outdated laws and precedents which fell to him to administer – and as Lentin also observes, ‘he strove not merely to make the law comply with precedents, but beyond that, to make it answer the needs of the day.’

‘Judicial creativity’ like this, manifested in public statements widely reported in the press, incurred fury within a large cross-section of society scandalized by, for example, McCardie’s heretical views on mid-Victorian divorce laws, abortion, contraception and eugenics. The ‘Daily Express’ called him a ‘St. George in a Wig, a champion of women’s rights’ who ‘turns his bench into a pulpit for Woman’s cause.’

No wonder McCardie was popular with some and vilified by many others as a ‘judicial maverick’ and ‘rogue judge.’ But other voices like that of the Manchester Guardian predicted that ‘history will give Henry McCardie his place in the succession of the great common-law judges of England.’

Fatal Flaws In all, Antony Lentin paints a vivid picture of a courageous judge much ahead of his time. An assiduous scholar, McCardie was also a well known Latinist who for instance, founded the Horatian Society which even now continues to attract enthusiastic devotees of Horace. It is only when you get to the penultimate chapter of this book that you discover the personal flaws and failings that led to McCardie’s eventual ruin.

Unknown to most of his contemporaries, McCardie was a compulsive gambler and kept two mistresses. One of them bore him a son of whom he was very fond, but to whom he never admitted paternity. Eventually debt-ridden and penniless, he ended his own life. For details read this book, which the author has copiously researched using many original sources. The result is an absorbing narrative which fills in any number of blanks in the story of Mr Justice McCardie and which therefore makes an important contribution to English legal history.

The publication date is cited as at 2016.

www.derbylaw.net

21

YHA Breaks for Kids - delivering positive life changes for young people in the Peak District and beyond.

You can change a young disadvantaged life for the better through your legacy?

environment, where many are coping with traumatic personal circumstances.

YHA is a long established charity with young people at the heart of its mission and vision. We exist to change lives. We deliver positive, powerful outcomes for young people and create memories which last a lifetime.

A short trip with the support of Breaks for Kids promotes belonging as well as personal responsibility, self-confidence, team involvement and a sense of adventure. Enhancing life skills which are crucial for the betterment of the sometimes lonely disadvantaged young people that Breaks for Kids supports.

Every day we see the very real heart breaking impact of poverty, illness and disadvantage on children and young people. It has a devastating and lasting impact on health and wellbeing, education, future prospects and on communities.

Our ‘Breaks for Kids’ programme helps young people with difficult lives be part of their group activity trip rather than left behind at home.

Within Derbyshire we have some exciting hostels, where with the support of Breaks for Kids, young people taste independent travel and real adventurous experiences away from their normal

YHA Breaks for Kids - delivering positive life changes for young people in the Peak District and beyond.

You can change a young disadvantaged life for the better through your legacy...

YHA is a long established charity with young people at the heart of its mission and vision. We exist to change lives.

We deliver positive, powerful outcomes for young people and create memories which last a lifetime.

Every day we see the very real heart breaking impact of poverty, illness and disadvantage on children and young people. It has a devastating and lasting impact on health and wellbeing, education, future prospects and on communities.

Our ‘Breaks for Kids’ programme helps young people with difficult lives be part of their group activity trip rather than left behind at home.

Within Derbyshire we have some exciting hostels, where with the support of Breaks for Kids, young people taste independent

travel and real adventurous experiences away from their normal environment, where many are coping with traumatic personal circumstances.

A short trip with the support of Breaks for Kids promotes belonging as well as personal responsibility, self-confidence, team involvement and a sense of adventure. Enhancing life skills which are crucial for the betterment of the sometimes lonely disadvantaged young people that Breaks for Kids supports.

Please help us to continue to improve young people’s lives by supporting YHA Breaks for Kids now.

You can ensure better futures for some of the estimated 25,000 young people throughout Derbyshire living in poverty and other disadvantage through your legacy gift.

For further information about leaving a gift in your will contact The Fundraising Manager, YHA England & Wales, Trevelyan House, Dimple Road, Matlock, DE4 3YH or telephone 01629 592720 quoting reference DDLS1

www.yha.org.uk

22

www.derbylaw.net

Please help us to continue to improve young people’s lives by supporting YHA Breaks for Kids now.

You can ensure better futures for some of the estimated 25,000 young people throughout Derbyshire living in poverty and other disadvantage through your legacy gift.

For further information about leaving a gift in your will contact The Fundraising Manager, YHA England & Wales, Trevelyan House, Dimple Road, Matlock, DE4 3YH or telephone 01629 592720 quoting reference DDLS1 www.yha.org.uk

www.derbylaw.net

23

Personal injury and the problem of persistent pain The definition of pain and the differences between acute pain and chronic pain are fundamental to an understanding of the problem of persisting pain.

Definition of pain An unpleasant sensory and emotional experience associated with actual or potential tissue damage, or described in terms of such damage (http://www.iasp-pain.org).

It follows from this definition that pain is always subjective.

Another way of putting this would be to say “pain is what the person says it is existing when and where the person says it does”.

It can also be readily deduced from the definition that there does not actually have to be any tissue damage for there to be pain. Pain can exist without an obvious medical cause.

Acute and chronic pain We have all experienced short term or “acute pain”. This is a warning sign that prevents us from causing tissue damage or alerts us to seek help. In most cases it is useful. It leads to behaviour that protects us from injury and helps heal or reverse injury. An example of how useful acute pain is the avoidance of touching hot or sharp objects and also the abdominal pain of appendicitis. In both cases the experience of pain leads to behavioural changes that are useful and adaptive. Acute pain usually has a straightforward cause and easy diagnosis and cure. There are very rare hereditary syndromes where pain nerve pathways do not develop (e.g. hereditary sensory and autonomic neuropathy type IV and SCN9A channelopathy).

These individuals undergo significant bodily trauma from infancy as a result of their behaviour not being modified by experiencing pain. They often endure tongue trauma, eye trauma, burns, scalds, multiple fractures and infections as a result of not being able to perceive pain.

It is clear that acute pain is an essential adaptive mechanism.

Acute pain also usually has a straightforward cause, easy diagnosis, cure and definite beginning and end. Although all the principles of acute pain relief can also be used in chronic pain there are some very important differences.

Chronic pain can be defined as “pain that extends beyond the expected period of healing”. This can be arbitrarily determined as 3 months, 6 months, 12 months or left simply as it is. It is not as easily understood as acute pain and often leads to or is associated with other issues such as psychological and social problems. In most cases there is no benefit to the individual from chronic pain and it is therefore regarded as maladaptive. It nearly always has a negative effect on function and behaviour. If we use the standard tools of the trade to diagnose and treat chronic pain, also known as the “biomedical” model this does not fully address it. It is often without discrete beginning and end, the diagnosis of cause is much more difficult and

24

www.derbylaw.net

symptoms may be perpetuated or exacerbated by over investigation (and also by the legal process!). There is rarely a “cure” although expectations can be unrealistically high and are often fueled by stories in the media of magic solutions. Although this is certainly the case for chronic pain of many years duration there is much overlap between acute and chronic pain and unlucky sufferers can have both simultaneously!

Response to all therapies may be disappointing if a pure biomedical model is followed. Pain management specialists often successfully treat patients who have pain that is more “acute” in nature and with a discrete medical cause. In the presence of chronic pain, psychological factors and social factors mean that we are dealing with a very different patient and also a different nervous system than in the case of acute pain (as permanent changes can occur in the nervous system with chronic pain). A different model of management is more effective at dealing with these chronic problems, known as the “biopsychosocial” model. The pain management physician ideally occupies a middle ground between acute and chronic pain and expert assessment is needed to develop a treatment plan. If interventions and treatments can be provided at the acute/chronic pain interface rather than when the pain is truly chronic these are much more likely to be successful so early referral to a pain specialist is important. Treatments and interventions may be proposed, and other professionals such as psychologists and physiotherapists are often involved as well. In some cases a multidisciplinary pain management program may be proposed, this is goal directed therapy aimed at improving function and quality of life rather than finding a cause and providing a cure.

Persistent pain after an injury or accident It follows from the above that persistent pain can be a problem after an injury or an accident. There may be a continuing cause for this or the original precipitating factor may have caused injuries that have already healed and the general perception is that there should be no further problems. It is also possible that the injury may have exacerbated a pre-existing condition or may have been endured by a person who for some reason is more likely to develop chronic pain.

The pain may be associated with functional difficulties, disability, psychological problems such as depression and anxiety and social problems. All these factors are likely to exacerbate the pain and lead to one or more vicious circles.

This is the domain of the Consultant in pain management who is best placed to make an overall assessment of the patient. There is much overlap between pain management and psychology. Pain management specialists may suggest that the opinion of an expert in psychology or psychiatry is sought in some cases and often such an expert has already been consulted (e.g. if there is suspected post traumatic stress disorder).

Assessment of Pain Pain is subjective, there is no objective way of measuring it.

You have to ask the patient/claimant so exaggeration and malingering is not easily detectable due to the subjective nature of pain and its assessment. There are many simple ways of assessing pain. One way would be a numerical rating, where you would ask the patient to rate it from zero to 10. This is quite useful for the assessment and treatment of acute pain but too simplistic with regards to chronic pain which requires more detailed assessment by a pain management specialist.

It is important to take a full history of the incident and ascertain as fully as possible the precipitating cause of the pain and the functional impairment, disability, anxiety and depression associated with the pain. It is useful to ascertain factors that ameliorate or increase the pain and to assess sleep disturbance.

If a more detailed analysis of psychological factors is required then the opinion of a clinical psychologist may be required.

Previous history is extremely important as any pain problems after an incident may represent an exacerbation of a preexisting pain disorder or tendency to develop pain. A detailed history of previous treatment and medication use is essential and the current medication record should be ascertained.

A full review of previous medical records is mandatory particularly with regards to complaints of pain and previous responses to operations or injury. As pain (and disability) are subjective this will yield important information that can be corroborated with future findings.

Many questionnaires are commonly in use for the assessment of chronic pain and its associated problems and consequences.

It is common to use a simple assessment of pain and functional disturbance such as the Brief Pain Inventory and assessment of anxiety and depression with the HAD (hospital anxiety and depression score).

types of pain and it is important to differentiate between them as the treatments are different.

“Nociceptive” pain is the pain we all know about brought about by a noxious stimulus or at least described in those terms.

Neuropathic or nerve pain is caused by a defect or problem in the nervous system. It is usually more difficult to describe than nociceptive pain and often remote to the site of injury. The pain of a slipped disc in the back or neck is felt down the leg or arm, the pain of shingles is often felt around the chest wall but in all three cases the problem is in or near the spinal nerve root. The usual treatments used for “nociceptive” pain are not very effective and other medications or treatments are often required.

It is often difficult to decide on the type of pain and they can coexist so pain can also be categorized as mixed pain.

The description of the pain and other symptoms such as numbness, pins and needles or altered sensation are very helpful in the diagnosis of the type of pain.

Personal injury and the pain management expert Persistent pain can be a problem in personal injury and the pain management consultant is the expert who is in the best position to write a report related to this and comment on treatment and prognosis.

Pain management experts are usually though not always members of the Faculty of Pain Medicine of the Royal College with the post-nominal letters FFPMRCA and are often Consultants in Pain Management in the NHS and in private practice or sometimes only in private practice. They may be full time pain management experts or may divide their time between pain management and anaesthesia (and occasionally other specialties).

The physical examination is important to elucidate areas of pain, tenderness or altered sensation. There are many medical terms for the different sensory disturbances that can occur which can be defined in a glossary or appendix by the pain management expert. Observation of the patient/claimant may reveal overt behaviour related to pain and there are a number of tests designed to elucidate pain of a “non-organic” basis.

If such tests are positive it does not indicate that the patient/ claimant does not have pain or that the pain does not have an organic cause. It does not indicate that the claimant/patient is exaggerating or malingering. It does however indicate that it is difficult to conceive of a simple medical explanation for the pain that could help direct treatment and strengthens arguments that a more psychological approach may be appropriate. All physical findings should be taken in the context of the overall picture rather than in isolation.

Pain management experts may work in multi-disciplinary centres with close contact between physiotherapy, psychology and spinal/neurosurgery departments or they may work without these services though will have referral pathways to similar services available.

Different types of pain after injury

Email: Painconsultant@aol.com Mob: 07791681278 Secretary Sharon: 07763783601

As if things are not complicated enough there exist different

Dr Andrew St Clair Logan MB BChir FRCA FFPMRCA Consultant Pain Management Countess of Chester NHS Trust Nuffield Health Chester, The Grosvenor Hospital, Wrexham Road Chester CH4 7QP Spire Hospital Cheshire, Fir Tree Close, Warrington WA4 4LU

www.derbylaw.net

25

Top ten disaster recovery and business continuity planning tips When it comes to business, there’s no point in having a plan A unless you’ve got a plan B. While plan A might be the route to profits, plan B is the means of surviving, whatever challenges you come up against.

Every business is at risk of potential natural or man-made disasters. Despite our wishful thinking, sometimes the dreaded ‘what if’ scenarios become a harsh reality. While we all hope for the best, it’s essential to prepare for the worst. Then there are minor interruptions which, with adequate forethought, can be circumnavigated completely.

So, what’s your plan to recover from disaster and get back on track to plan A? And, what’s your plan for continuing running your business during lesser disturbances? These are your disaster recovery and business continuity plans respectively.

To clarify further, disaster recovery and business continuity plans are essential constituents of any business, not just technology companies.

We all rely on technology to a greater or lesser extent. Power, phones and internet are now an everyday given. But, there’s more than this to consider. Your workforce, for example.

A norovirus could mean your business can’t operate effectively for a few days. Without a plan, then, you’re vulnerable and can easily be caught off guard, whatever your business type.

With a lot hinging on these two plans, it’s important to get it right. To help you in this gargantuan task, here are ten top tips… #1: Outline what’s vital to keep your business running The first step is to detail the things you just couldn’t operate without. In other words, if any one of these is missing due to circumstances beyond your control, you’ve got a potential grind-to-a-halt situation on your hands. Remember it’s all about the basic elements: premises, power, internet, hardware, software, water, people etc. #2: Create a list of disaster types This may sound pessimistic and defeatist, especially when you consider the rarity of most disaster situations, but catering for a multitude of catastrophic eventualities is actually a really positive exercise.

That’s because you’re better equipped to

26

www.derbylaw.net

cope during a real disaster.

Looking at your essentials list (see #1 above), think about the reasons your critical systems and functions might stop working.

Phones: could there be a line fault at the exchange? People: could a number of your staff have been struck down by a virus or could you have received resignations from key members? PCs and laptops: could you be facing the likes of a ransomware attack rendering your hardware useless? And so on and so forth.

Make a record and rank these disasters based on their likelihood as well as level of impact to your business. #3: Define your plan B Taking things a step further, put pen to paper and determine what your plan B might look like. For example, if you run an in-house server which hosts your applications and stores your data, does this have a RAID configuration of hard disks? Do you have a UPS? Even with seemingly fool-proof cloud systems, it’s still important to establish whether you have both main and emergency power supplies for your computer to access the cloud environment. Back-up generators and the like will usually feature here.

Similarly, if your phones are disconnected, do you have an arrangement in place to divert landline numbers straight through to corresponding mobiles, or even a second office? Do you have a pay-as-you-go spare mobile in the cupboard? This would allow those contacting you to still touch base, even if not straightaway with the intended individual.

Also, if you rely on internet banking for accounting purposes, and you lose your web connection, is there a telephone banking option? Where’s the number stored?

The scenarios go on and on… the point is, try to conjure up the many possibilities and put into place a plan B alternative. This may necessitate involvement from your core suppliers. #4: Set your recovery objectives How long, realistically, can you manage in plan B? This is an oft quoted metric called your recovery time objective. Your figure will be based upon real calculations, for instance how much diesel is there in

the tank to run the generator if there’s a power cut? How long can you cope in the absence of departing staff before they need to be replaced? If your bank account’s inaccessible via internet banking and you can’t keep tabs on your finances, when will you run out of cash?

The difference here can be anything from an hour to several days. Knowing just how long you can last in plan B will help you prioritise the importance of putting new systems in place to preserve plan A or continue in a robust plan B mode. #5: Assign roles and responsibilities Should disaster strike, which of your key personnel will initiate the plan task-by-task and who will take their place should they not be available at the time?

Similar in lots of ways to a military operation, your plan requires each participant to understand their job, who they need to interact with and the proper chain of command. Calm, confident, quick-thinking people are best placed to cope during the ensuing chaos. This should largely consist of your senior managers and compliance officers. #6: Include a directory of emergency contacts Write a list of contact names and phone numbers to be accessed instantly. Wasting time searching for this basic information during the catastrophe itself causes unnecessary delay and stress.

You’ll want to cover organisations such as your bank’s fraud report line, police national fraud and cybercrime centre, SRA fraud office (and other industry regulators), professional indemnity insurer, localised emergency services, utility providers, IT suppliers, building management team (if you rent office space), regional and legal press, and your PR agency, should you decide to submit a statement. #7: Outline your preventative measures and phases of recovery Prevention is always better than cure. Your business continuity plan should cover a range of preventative and detective measures from SSL encryption and anti-virus software to CCTV surveillance and fire alarms.

In your disaster recovery plan, map out the various contingency phases – response, resumption, recovery and restoration. This is a co-ordinated effort between all parties involved which will ultimately set out how exactly you’ll resume mission-critical operations in as short a time period as possible. #8: Test the plans The only way to truly know if your plans are fit for purpose is to test them in as close to realistic conditions as possible. Regularly!

An under-tested plan can actually be more of a hindrance than no plan at all. Rigorous testing enables your plan to stand up to the most disruptive events.

Of course, it’s a major operational undertaking each time you perform a test but the up-side is that your employees are thoroughly trained on their function in executing the plan. Afterwards, you can address any shortcomings or failures.

The details relating to tests should be well documented. You’ll need to record the dates, scenarios and outcomes. This’ll allow you to analyse properly and modify your plan accordingly.

#9: Keep your plans up-to-date These are living and breathing documents, so make sure they’re current. Maintain and update them every time an element within your working environment or infrastructure changes and people with assigned responsibilities leave or join your business. #10: Hire an outsourcing service and managed services provider (MSP) As a leading supplier of cloud-hosted case management and legal accounts software, and outsourced legal cashiering and payroll services, we’re bound to say this! But please hear us out…

Large organisations with big teams of in-house IT expertise can leverage their own technical professionals to facilitate effective planning. Those operating on a smaller scale simply don’t have the same luxury and it can be cost-prohibitive to implement an effective plan because they lack the internal technical resources to accomplish this.

In the same vein, bigger companies recruit teams of people nicely formed into

departments ready-and-willing to cover for others’ work when the going gets tough.

Conversely, SMEs tend to employ individuals performing core functions single-handedly.

In the absence of that particular individual, the work simply doesn’t get done.

The solution is to instruct a third-party MSP, such as Quill. By becoming our client, you automatically inherit our business continuity and disaster recovery plans. Our software and outsourced services are delivered on a pay-as-you-go, software-as-a-service basis. You pay an easily affordable fixed monthly sum allin with 24/7 data access and year-round uninterrupted support.

Talk to us about disaster recovery and business continuity planning to safeguard your company and operate on a ‘business as usual’ basis, whatever pitfalls come your way. With our input, you can quickly pick yourself up after the fallout. Email info@quill.co.uk or call 0161 236 2910.

Julian Bryan Managing Director Quill Pinpoint

www.derbylaw.net

27

Flood risk – are you getting the full picture?

The risk of property flooding often crops up in conveyancing articles but, when we look at the pattern of conveyancing searches our clients are ordering, we notice that around 80% of orders we receive do not include a thorough flood assessment and details on insurability.

Law Society Practice Note The Practice Note on flood risk was updated recently (February 2016) and full details can be found on the Law Society website. The Practice Note highlights that different parties will have different appetites for risk, but that conveyancers should consider:

1. advising the client to establish the terms on which buildings insurance, including flood risk cover, is available; 2. advising the client to discuss the level of risk with a building surveyor or flood risk assessment consultant.

Ensuring that you have the full picture on flood Confusion about the thoroughness of information can arise because a number of different searches include details on property flooding.

The information provided ranges from basic flood screening as part of an automated environmental report, through to a full assessment, insurability and consultant opinion in some of the standalone flood reports and more comprehensive environmental reports.

Please see the table below for a summary of coverage in a number of different residential conveyancing searches: FLOOD RISK ASSESSMENT

INSURABILITY STATEMENT

CONSULTANT OPINION

Landmark Homecheck Professional Flood

✓

✓

✓ (risk model)

Landmark RiskView Residential

✓

✓

✓ (risk model)

Argyll SiteSolutions Residence

✓

✓

✓ (fully manual)

✓

✓ (risk model)

✓

✓ (risk model)

SEARCH

FLOOD SCREEN

Landmark Homecheck Pro Environmental

✓

Landmark Envirosearch Residential

✓

Groundsure HomeScreen

✓

Groundsure Homebuyers

✓

Groundsure Flood

✓

Note: risk model opinions are automated, whereas a fully manual opinion denotes that the information is manually reviewed by a consultant.

Identifying the likelihood of risk The Geodesys website provides you with a search alert tool that screens properties and land for all conveyancing risks. If there is a likelihood of flooding, then suitable recommended searches will be highlighted within the Geodesys product list to aid conveyancers in their choice of search.

For further details on the different levels of residential and commercial flood information available please talk to Geodesys Customer Services on 0845 070 9109.

28

www.derbylaw.net

Chancel Repair Liability: Safely Ignored?

Robert Kelly, Stewart Title’s Commercial Business Development Manager considers the ongoing threat of chancel repair liability.

At a recent seminar, I talked about a claim that Stewart Title paid in respect of a chancel repair liability. Afterwards at least two of the delegates commented that it was a good thing chancel repair liability was no longer an issue. When I asked what they meant, they explained that after the Land Registration Act 2002 changes came into force, their firms didn’t bother with insurance or chancel searches as the church could no longer enforce the liability.

Unfortunately, this is not correct and any firm that fails to consider the possibility of chancel repair liability for all commercial and residential properties is not protecting their clients adequately.

Put simply, after 13 October 2013 chancel repair liability ceased being an “overriding” interest and is only enforceable if it is registered against the registered title or as a caution against first registration in the case of unregistered land. Parochial Church Councils (PCC) did not lose their right to register these interests and can

30

www.derbylaw.net

continue to register at any point up to completion of a registration of a transfer for valuable consideration. This can happen even if you have a clear priority search.

The chance of a PCC registering against your client’s intended property may be remote, but a new owner presented with a large bill for repairs to the church or discovering that the PCC has registered and encumbered the property will rightfully be angry and concerned about the advice given by the conveyancer.

Fortunately there is a simple, inexpensive and quick means through which the well advised conveyancer can protect their client and their firms PI insurance.

Stewart Online Solution, allows you to order policies with cover up to £3,000,000 for residential properties and £5,000,000 for commercial properties in three simple steps. Not only is this quicker than carrying out a search, but with premiums starting at £15.06 it is cost effective as well.

Policies are available for all residential and commercial properties throughout the UK. For additional information about our policies or Stewart Online Solution please contact me at: robert.kelly@stewart. com or our Telephone Solution Team on 02070107821.

See policy for terms and conditions.

Stewart Title offers a “No Search Chancel Indemnity” policy which can be ordered at the same time as searches are ordered in a transaction. The policy removes the need to do a “chancel check” search and protects against any possible liability.

Stewart Title Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Registered in England and Wales No: 2770166. Registered office address: 6 Henrietta Street, London, UK, WC2E 8PS.

Our new easy-to-use ordering application,

© Jan 2017 Stewart. All rights reserved.