D&DLS Bulletin
Contents
5 -
6 -
6 -
8 - SV2 – Supporting Victims
9 - Law Firm Chooses Oberoi Business Hub For Expansion Plans
10 - Derby Junior Lawyers’ Legal Walk: Supporting Access to Justice
Editorial
Summer is usually a quiet time for your local law society, but this edition is once again packed with reports on events and details of future ones. Please read through and note your diaries. Our next Tapas Thursday event, kindly sponsored by Ascentant Accountancy, is 10th October and tickets are already on sale via Fienta. Our Annual Awards Dinner will be Friday 21st March 2025.
I am pleased to see the number of active subcommittees is growing. We have courses/ events coming up in both conveyancing and family which are free to members. Details of members of each sub-committee are on page 4 of this Bulletin. Feel free to e-mail any of them to make contact or just let me know who you need to be introduced to and I will be happy to help. We are always looking for new members of these sub-committees and it is an excellent way to make contacts and get involved.
Derby & District Law Society Aug/Sept2024
11 - Summer Soirée 2024
11 - In Memoriam: Ashley Wood
12 - Member Profile: Gary Steel
14 - Tapas Thursday Networking Lunch
14 - Criminal Sub committee
15 - Situations Vacant
16 - Great Map Of Willanthropy to launch this Remember A Charity Week
18 - The Solicitors’ Charity
20 - Legacy bequests reach highest number ever recorded
Equally we are trying to establish our golf and cricket teams. The Battle of the A52 is the cricket match which DDLS play each year against Notts Law Society. We have silverware to defend at the match this year which takes place at Attenborough CC on Thursday 29th August from 5pm. Please do come along to support. It is always an entertaining and social event.
A reminder that our first Charity Golf Day is on Thursday 5th September at Breadsall Priory GC. Please contact me to book either individual or group places. The day is open to members, colleagues and clients. Dates for next year to note are the Coleman Cup on 8th May at Hollinwell GC and the local law societies match involving Notts, Leics, Northants and DDLS on 14th May 2025 at Northamptonshire County GC. If you wish to be included on the list of contacts for either golf/ cricket or both please let me know.
The new membership model has largely been met with enthusiasm. Firms rather than individuals have rejoined DDLS and
22 - A bona fide game changer for financial services
24 - Update on Civil Procedure Rule Committee Access to Court Documents Proposals
26 - More inept expert witnesses (and solicitors)…
27 - Book Review
28 - PII- Where are claims emanating from?
30 - Deputyship and Statutory Will Applications
all fee earners of those firms are now members as a result. Our membership has grown hugely thanks to firms sending me their lists of fee earners. If your firm has yet to let me have the list, then please prompt them to do so.
I am grateful once again to the organisational skills and energy of our Derby Junior Lawyers. Please see pages 10 and 11 for the write ups on the Legal Walk and the fantastic Summer Soirée. Well done DJL – it is a pleasure to be working with you.
If you have not already done so, please find DDLS on LinkedIn to stay up to date with announcements and news.
I hope to see you at an event soon.
Take care.
Julia Saunders
admin@derbylaw.net 01283 734989
Officers and Committee Members for 2024-25
Officers
President*
Tina Attenborough Attenborough Law, Derby Tel: 01332 558508 tina@attenboroughlaw.co.uk
Vice-President*
Lucy Tissington lucy.tissington@familylawgroup. co.uk
Immediate Past President* Oliver Maxwell Eversheds Sutherland 01332 378696 o.j.z.maxwell@gmail.com
Deputy Vice-President*
Rachel Maxwell rachel.maxwell@nelsonslaw.co.uk
Honorary Secretary*
Fiona Apthorpe Geldards LLP, Derby Tel: 01332 378335 Fiona.Apthorpe@geldards.com
(*=Ex-Officio)
Parliamentary Liaison Officer
Julie Skill, Elliot Mather LLP Chesterfield Tel: 01246 231288 julie.skill@elliotmather.co.uk
Public Relations Officer (+) Vacant
Derby Junior Lawyers
John Ellis john.ellis@aandco.co.uk
Laura Matthews laura.matthews@geldards.com
Amelia Sutcliffe amelia.sutcliffe@ smithpartnership.co.uk
Constituency Council Representative, Derbyshire (+) Shama Gupta shama.gupta@freeths.co.uk
(+)attendCommitteebyinvitation
Other Committee Members
Julie Skill, Elliot Mather LLP Chesterfield Tel: 01246 231288; julie.skill@elliotmather.co.uk
Tina Attenborough tina@attenboroughlaw.co.uk
Felicity Coats felicity.coats@elliotmather.co.uk
Diana Copestake
Freeth Cartwright LLP Tel: 0845 2725674 diana.copestake@freeths.co.uk
David Hardy Tel: 01332 842008 david.hardy1630@gmail.com
Martin Salt martins@simpsonjones.co.uk Tel: 01773 540480
Claire Twells claire.twells@smithpartnership. co.uk
Sue Jennings Tel: (M) 07946 609436 s.jennings@derby.ac.uk
Treasurer*
Ben Lawson Elliot Mather LLP Tel: 01246 231288 ben.lawson@elliotmather.co.uk
Claire Rudkin
Flint Bishop, Derby Tel: 01332 340211 claire.rudkin@flintbishop.co.uk
Simon Stevens
Eddowes Waldron 01332 348484 sws@ewlaw.co.uk
Solicitors’ Benevolent Assoc. area representative
Peter Lord 9 Larkhill, Swanwick DE55 1DD Tel: 01773 541753
Administrator / Bulletin Editor
Julia Saunders, 14 Risborrow Close, Etwall, Derby DE65 6HY
Tel: 01283 734989 Mobile: 07964 358042 Email: admin@derbylaw.net
Sub-Committees (Secretaryinitalics)
Criminal Litigation SimonStevens
Andy Cash
Felicity Coats felicity.coats@elliotmather.co.uk
Andrew Oldroyd (01332 225225)
Education & Training
SueJennings, & all Sub-Committee Secretaries
Employment and Business Law SueJennings
Tina Attenborough tina@attenboroughlaw.co.uk
Equality, Diversity and Inclusion ManeshaRuparel mr@aandco.co.uk
Tina Attenborough tina@attenboroughlaw.co.uk
Sue Jennings s.jennings@derby.ac.uk
Family Law FionaApthorpe
David Guthrie dg@aflp.co.uk
Fiona Apthorpe Fiona.Apthorpe@geldards.com
Fiona Lazenby fiona.lazenby@knightsplc.com
Julie Skill Julie.Skill@elliotmather.co.uk
Kelly Mower kellym@eglegal.co.uk
Liz Guyler lizguyler@eglegal.co.uk
Lucy Tissington lucy.tissington@familylawgroup. co.uk
Manesha Ruparel MR@AandCo.co.uk
Melanie Bridgen melanie.bridgen@nelsonslaw. co.uk
Natalie Haydon-Yeung Natalie.Haydon-Yeung@geldards. com
Nick Herbert nh@aflp.co.uk
Ruth Jones ruth.jones@smithpartnership. co.uk
Sole Practitioners’ Group (SPG) TinaAttenborough tina@attenboroughlaw.co.uk
Last updated 05.06.24
President’s Page
Welcome to the August/ September edition of the DDLS bulletin and I’m so happy to see that summer has finally come out for those of you taking some precious time off to be with your children on their school holidays! As I am lucky enough to be able to work remotely, I have taken myself off to Cornwall for the summer and can confirm that for any of you visiting in the coming weeks, the weather is delightful, and the sun is due to stay with us for the next few weeks ahead!
Well, I must be really enjoying myself as the first quarter has gone by so quickly! Since taking on the honored role as your President, I have had a wonderful time, it started on the very next day (9th May) with the Coleman Cup; for those that don’t know the Coleman Cup is a golf trophy that has been fought over by medics, the clergy and lawyers for many decades, this year’s game was hosted by the Medics at the prestigious Hollinwell Golf Club on the outskirts of Nottingham/Mansfield where many of the Medics are also members. The weather was glorious, but unfortunately, despite all efforts, the Medics retained the trophy. Not that I’m competitive at all, but it would be fantastic if we could beef up the lawyer’s golf team for next year and bring the trophy back to Derby and a golf club this side of the A52!
With that in mind we are hosting a golf day at Breadsall Priory on 5th September next, so please if there are any golfers out there, please get in touch and join us for a great day out! There is no requirement to have a low handicap or even a handicap at all, as long as you know your way around a set of clubs and a golf course, you are welcome!
At the end of May I was fortunate enough to attend the Athena venue in Leicester to celebrate its President’s, ( Bhumiker Parmar ) Annual Awards Dinner for the Leicestershire Law Society. It was a sparkling event, attended by about 400 people and was thoroughly enjoyable.
In June, I attended the DJL Summer Soiree held this year at Amalfi White, which was another well attended event with more glorious sunshine, and lots of money raised for their chosen charity, YMCA Derby, another successful event, well done DJL!
As a society, led by DJL another dry and enjoyable afternoon was had in aid of our annual Legal Walk around Derby, bringing the legal community together in support of free legal advice agencies. A good amount (£340 tbc) was raised for this worthy cause.
On the same day, (4th July) we saw a new government installed at No.10 and as an employment lawyer, that always means a change to our existing employment laws. Before the end of the first month in power, we saw some changes coming through, first in was the ‘firing and rehiring’ provisions. For more information, please see my LinkedIn posts on other forthcoming changes and my post about mis-predicting the speed at which some changes will be made!
On 11th July, Rachel Maxwell and I hosted one of our Tapas Thursday Networking events, at Lorentes in the Mills in Darley Abbey, which was sold out and once again thoroughly enjoyed by everyone that came along. We are hosting our next event on 10th October and tickets are selling out fast. So, don’t delay getting a ticket if you want to share in this unique, cosy but vibrant networking space with some fantastic food too!
I was fortunate to have sat next to David Gilmore and opposite two guys from Review Solicitors. The former agreed to become a silver sponsor and the latter has offered to sponsor our Annual Awards Dinner in March next year.
And finally, I had the pleasure of interviewing the CEO of our chosen charity, Rachel Morris, from SV2. She has provided some fantastic replies to my questions about herself and her thoughts and feelings about Derby and its people, for this edition of the Bulletin.
By way of a reminder, don’t forget to check out our diary of upcoming events, it would be great to see you and meet some new faces too and the odds of a sunny and successful day appear to be on our side! Wishing you all a great summer, whatever your plans are!
Tina Attenborough President, 2024-25
Tina Attenborough
Conveyancing update
Updates:
There have been a number of updates in the residential property over the course of the last few weeks. Some updates are:
• The Law Society have delayed the mandated use of the new TA6 forms until January 2025 to allow the Law Society to undertake further consultation. Both the 4th Edition and Fifth Edition can be used at present.
• Campaigning property lawyers failed to secure a Vote of No Confidence in the Law Society’s Nick Emmerson and Ian Jeffrey in relation to their ability to represent conveyancers.
• The Leasehold and Reform Act 2024 received Royal Assent in the Sunak Conservative Government, however we are yet to see this implemented.
• Stamp Duty – multiple dwelling relief has been abolished as announced in the March 2024 budget Upcoming events:
Amongst the growing list of DDLS events, there are two events which may appeal to residential (and commercial) lawyers both are available to link via fienta or e-mail admin@derbylaw.net for the link. These events are:
1. Bell Howley and Perrotton are coming in to deliver a lunch time session
Council Member Report
• TA6 form consultation
If you’re a conveyancing professional and would be interested in taking part in this research, use the form at Sign up to take part in TA6 form consultation (https://www. lawsociety.org.uk/topics/property/sign-up-totake-part-in-ta6-form-consultation) by Friday 16 August:
Further reading: Sign up to take part in TA6 form consultation (https://www.lawsociety.org. uk/topics/property/sign-up-to-take-part-inta6-form-consultation ) - The Law Society
• Financial Benchmarking Survey
For a free personalised financial report for your firm, complete the survey at Take part in the Financial Benchmarking Survey 2025 (https://www.lawsociety.org.uk/topics/businessmanagement/take-part-in-the-financialbenchmarking-survey-2025?sc_camp=C7F0
updating us on SDLT rules and considerations of our requirements under the CQS Scheme. This is 14th August at 12.30 at the Nelsons office.
2. Following success of previous legal and business property related networking events, a ‘Cake, Conveyancing and Connections’ has been scheduled for 30th August at 12.00pm. This event has been kindly sponsored by The Search Bureau.
Despite both events being targeted for those in property, all welcome. To date, we have had great success with the property related networking events and I hope that the success of this continues. Please be sure to let your colleagues know about these events to increase attendance.
Subcommittee members appeal:
As the residential property subcommittee is quite active, I am appealing for members who are interested in getting involved with the planning and hosting future events. Please do speak to your colleagues and ask them to get in contact with me (via admin@derbylaw.net) if they are interested.
003414AA4230C6194004E418ACD4) - The Law Society, before Friday 27 September. This report enables you to compare your firm’s performance to your peers on key firm income and expenditure measures.
Further reading: Take part in the Financial Benchmarking Survey 2025 (https:// www.lawsociety.org.uk/topics/businessmanagement/take-part-in-the-financialbenchmarking-survey-2025?sc_camp=C7F0 003414AA4230C6194004E418ACD4) - The Law Society
• SRA and the regulation of CILEX members
The SRA requires TLS’s approval for changes to the corporate objects of SRA Limited to be able to take on the regulation of CILEX members. TLS stands firm in its opposition to the SRA regulating CILEX members. Watch this space.
Further reading: Regulation of CILEX members (https://www.lawsociety.org.uk/ topics/regulation/regulation-of-cilex-members)
- The Law Society
• SRA Compensation fund increases for 2024/25
Following consultation, the SRA has confirmed that law firm and individual contributions toward the SRA Compensation Fund will need to increase for the first time in five
years, subject to approval by the LSB (individual contributions will be £90 (£30 last year) while firm contributions will be £2,220 (£660)).
As part of their ongoing review of consumer protection arrangements, the SRA are continuing to consider how the compensation fund should operate in the future.
Further reading: SRA | Compensation fund increases confirmed, while practising fees to remain unchanged (https://www.sra.org. uk/sra/news/press/compensation-fund-pcfees-2024/ ) - Solicitors Regulation Authority
SRA | Protecting the public: our consumer protection review (https://www.sra.org.uk/sra/ consultations/discussion-papers/consumerprotection-review/) - Solicitors Regulation Authority
TLS welcomes feedback from you and I would like to hear from you about anything you may wish to share concerning your professional needs. Please contact me at https://www. lawsociety.org.uk/about-us/our-governance/ council-constituencies-and-current-members/ shama-gupta
Don’t forget to update your personal information on My LS Shama Gupta
Rachel Maxwell
Shama Gupta
SV2 – Supporting Victims of Sexual Violence Ltd
1. Derby is a great city with some admirable plans for its immediate and longer-term future, do you have any thoughts about them?
I love Derby! I grew up here and have lived all over the south and midlands but purposefully returned to allow my children to grow up here. My views and wishes are for those vibrant and exciting plans to be followed through to completion and succeed. It’s great to see the development of the arena at Becketwell and I hope we are able to provide the infrastructure needed for tens of thousands of visitors to enjoy it and the wider area. The investment into the Guildhall and Market is particularly exciting and promises to be a multipurpose ‘go to’ venue which will hopefully help regenerate the Cathedral and St Peter’s Quarters.
I’m hopeful we will not ‘hide’ our beautiful river any further, it is one of the city’s most beautiful assets, which I would love to see opened up and celebrated, water is so therapeutic. We are exuding positivity and confidence for investors but it must also benefit our future communities.
2. What do you love most about Derby?
There are so many things but I’d start with the people. We have many talented, passionate and enthusiastic people and host cultures from all over the world. Our rich heritage including Romans, Saxons and Vikings, has always been a huge attraction and especially for innovators. The term ‘a local derby’, originates here, the ‘meridian line’ would actually have been called the ‘Derby line’ if its inventor had been allowed his way.
I love the sense of pride Derby people carry and we have plenty to be proud about. The fight for survival of our football club, of Bombardier
and more recently Alstom shows the unity and passion which exists in our city and our ability to fight adversity, which goes all the way back to the industrial revolution and beyond.
We have wonderful buildings, I’m biased but it was an absolute delight in the last few years to lead the building works on Derby Cathedral to connect gas, rewire, decorate internally, and replace the lead roof, the biggest works in recent times. To be part of ensuring our beautiful cathedral is there for generations to come makes me burst with pride…. and there is that word again, ‘pride’ runs through Derby.
3. On your journey to the top who would say has influenced you the most and how has that person’s influence shaped your leadership style?
I think you learn a little from everyone you work with and around you, good and bad. I’m from a humble background growing up in Allenton and Alvaston, I didn’t realise it until later in life but both my grandmothers and my own mother have definitely shaped me through their own life successes and teaching me the importance of business relationships.
I’m a relational leader, building high performing teams by providing a supportive and safe environment. Though it’s not always possible to bring people on a journey when there are difficult decisions to be made, I try to focus on the ‘greater good’. I also draw in external stakeholders who effectively become part of a wider team. I enjoy working in organisations whose values match my own personal standards and as a leader try to instil these values across the DNA of an organisation.
4. What do you love the most about your role at SV2 and the impact either you or SV2 has on the city?
I’m relatively new to this role having been in post since April, 2023 but the charity is now in its 30th year. I love to work where I feel I can make a difference and SV2 improves the lives of hundreds of people across Derbyshire every year. We worked with 1,500 survivors of sexual abuse and rape just in Derby and Derbyshire last year and have hundreds on our waiting lists.
Commissioned funding has been reducing, but I’ve managed to bring in new funding streams and make cost savings without reducing the number of women, children and men we support. Part of my remit is to raise awareness of our services
and educate on the prevention of sexual abuse. It’s something I’m passionate about so although a difficult subject it’s relatively easy for me to promote. Most people across the country will know someone who has been a victim of rape or sexual offence but may not know about it because there is still so much stigma. Every time I speak on the subject or there’s a high profile national or celebrity case we have a rise in referrals. The more we talk about it the more people are likely to access the help they need to return to a life free of guilt and shame.
It’s a fast developing crime with rapidly growing numbers of offences taking place online, even in the meta sphere where the first reported case was in Derbyshire. I’d hope by raising awareness I’m helping people across our city access support and certainly SV2’s impact shows that thousands of lives have been improved.
5. Given your success in business/life, would you mind sharing your top 3 life hacks or lessons for our readers?
i. Always do work which makes you feel proud (that word again!), of what you do. - After working in the health service as an Occupational Therapist and then in the commercial world of hospitality management I eventually found my vocation working where I felt I was making a tangible difference to people’s lives. For the last 25yrs I have worked in the charitable and religious sectors where I can genuinely say I have felt rewarded every single day. I’m lucky to be able to do this in my paid work but I also feel incredibly rewarded through my various voluntary work with charities.
ii. Make your own tracks – don’t feel you have to follow others, you are worthy in your own right and don’t need the validation of others to succeed….something which took me a long while to accept.
iii. Give back – it’s the best feeling ever! Nothing can beat the feeling of helping somebody else. Don’t accept the restrictions and blocks often put in our way - The restrictive nature of funding bids and the public purse inspired me to find a funding model which could be quick and effective for people in need in my home city. That’s how Friends of Derby 500 Club was born and I’m constantly delighted by its success, to date we have given away well over £50,000.00 to local people in crisis, all from our members donating just £1 a week.
Rachel Morris, CEO of SV2
Law Firm Chooses Oberoi Business Hub For Expansion Plans
Fishers Solicitors have opened a new office in Derby’s Pride Park as part of its expansion plans across the East Midlands.
The firm, which already has a number of Derby-based commercial and private clients, have moved into offices at Oberoi Business Hub.
The Oberoi Business Hub is this year’s gold sponsor of Derby and District Law Society (DDLS). As part of their sponsorship, the Hub is keen to further strengthen relationships with local law firms, many
of whom already benefit from high quality services including call handling and conference and meeting room facilities as well as serviced offices.
Fishers Solicitors’ co-director and head of residential property, Amanda Payne , explained that the firm is already planning to take further space in line with their ongoing recruitment drive: “Having been established in Ashby for nearly 200 years and, with an office in Tamworth, we were looking for new locations in the East Midlands.
“Derby was the natural choice. This is a
thriving and growing city and we were particularly keen to be based in Pride Park which continues to attract a wide range of new and growing businesses which we can support through our commercial and private client services.
“Oberoi Business Hub is also the ideal location as it is easily accessible, offers free parking for clients and has a range of further office accommodation to support our growth plans.”
Oberoi Business Hub manager Jodie Brady continued: “Fishers Solicitors are the perfect fit for us – a growing professional services business who require a prestigious serviced office location and address with their sights set on growth.”
Founder and managing director Kavita Oberoi OBE concluded: “We understand the legal world having supported a number of solicitors with our back office services including call handling so we are delighted to welcome Fishers Solicitors to the Oberoi business community.”
https://www.oberoibusinesshub.co.uk/ ; https://www.fisherslaw.co.uk/
Derby Junior Lawyers’ Legal Walk: Supporting Access to Justice
The Derby Junior Lawyers recently organised the Derby Legal Walk, aimed at raising awareness and funds to support access to justice. This event was part of a coordinated effort across the country, with various groups walking to highlight the importance of ensuring that all individuals have access to legal assistance. The Derby contingent, comprising around 30 participants, took a “green route” through Darley Park, raising over £300 for the cause.
Purpose and Significance
The walk was organised to address critical issues related to barriers to the access to justice, particularly in light of ongoing challenges within the legal aid system. Legal aid cuts and other barriers have made it increasingly difficult for many people to secure the legal representation they need. The funds raised through these walks
are vital in supporting organisations that provide legal services to those who cannot afford them. More information about the Access to Justice Foundation can be found on their website at https://atjf.org.uk/
Participants and Route
The Derby Legal Walk brought together a diverse group of legal professionals, including junior solicitors, paralegals, and judiciary members. This diversity underscored a collective commitment within the legal profession to uphold justice and support those in need. The choice of Darley Park’s “Green Route” not only provided a beautiful and serene setting but also emphasised a commitment to environmental consciousness alongside social justice.
The event highlighted a strong sense of community within Derby’s legal sector. The participation of various legal professionals, from junior roles to senior positions, reflected a shared dedication to addressing issues within the justice system. This unity is crucial for driving change and supporting initiatives that aim to make the legal system more accessible and equitable.
Fundraising and Impact
The participants successfully raised over
£300, which will be allocated to the Access to Justice Foundation. These vital funds will help support vulnerable individuals and communities, ensuring they receive the necessary legal assistance and representation. This effort is particularly important in the current climate, where many face significant legal challenges without adequate support.
Future Directions
As the landscape of legal aid continues to face challenges, events like the Derby Legal Walk are increasingly important. They provide both financial support and raise public awareness about the critical need for accessible legal services. The success of this event demonstrates the potential for further community engagement and support for justice-related causes.
In conclusion, the Derby Legal Walk was a successful and poignant event, both in terms of fundraising and awareness. It served as an important reminder of the ongoing need to support access to justice, and the legal community’s role in addressing these issues. The funds raised will contribute to meaningful efforts in assisting those who struggle to access legal services, highlighting the impact that collective efforts can have in promoting justice.
Summer Soirée 2024
The Derby Junior Law Society Summer Soirée took place on a wonderful summers evening at Amalfi White in Melbourne this year. After the traditional slow start on ticket sales, the event was attended by almost 100 members of both the local legal community, and other associated sectors, such as estate agents, auditors, property developers, and many more. The attendees ranged from law students at Derby University, through to the more experienced legal professionals.
A huge thank you must go to all of the Derby Junior Law Society Committee, who worked tirelessly to put on another major event, for the benefit of both the DDLS and DJL alike. It is fantastic to be a part of such an enthusiastic and forward-thinking Committee, and presented another fine example of the brilliant events the DJL aims to provide.
After a welcome drink and brief introduction by one of our key sponsors, Affinity Law, everyone was able to enjoy the fantastic live music, a
In Memoriam: Ashley Wood
It is with profound sadness that we announce the passing of Ashley Wood – Director, colleague and friend.
Ashley was a dedicated solicitor whose legal acumen and positivity earned him a stellar reputation. Ashley initially trained and qualified with Russell & Creswick, becoming a Partner there and subsequently at HLW Keeble Hawson, before joining BRM in 2013 as Director in our Dispute Resolution team. His approachable demeanour and wealth of knowledge were invaluable to the many businesses he advised.
He leaves behind his beloved wife and two children and his brother, all who will miss him dearly.
good drink, and an opportunity to catch up with old friends, and make new connections.
A huge thank you to everyone involved with this event. It is a delight to see all the hard work pay off, and present a wonderful event for our members to enjoy.
We hope that you enjoyed yourselves, and we look forward to seeing you at our next event –keep an eye out for our LinkedIn posts to stay up to date!
Ashley was deeply passionate about his family, Sheffield Wednesday and golf – becoming President of Hallowes Golf Club earlier this year.
Ashley will be remembered not only for his professional contributions, but also for the lasting impact he made on those who knew him. Always generous, involved and interested, Ashley brought good humour and fun to all those around him. Our thoughts and deepest sympathies are with his family during this difficult time.
We invite those who wish to honour Ashley’s memory to make donations to Weston Park Cancer Charity here: https://wpcc-in-memory. raisely.com/ashley-wood
Member's Profile of Gary Steele of Derbyshire Law Centre
“I went to university with the reading age of a 10 year old”
Gary Steel became a solicitor after his training was funded by our Diversity Access Scheme (DAS) in 2016. He describes how he left school at age 14 with no qualifications and eventually became a social welfare lawyer, never taking no for an answer.
I left school at 14. My mum was unwell and I was bullied, so one day I walked out of school and never went back. I grew up in Skegness and, because of the education system at the time, I fell through the gaps. I went to work in a chip shop and cared for my mum.
My family dynamic was quite difficult. My dad was an ex-miner and had traditional values, so my mum did most of the parenting. I had a lot of freedom, which made me more independent. I left home at 17 and view my childhood as quite separate from my life now.
I discovered law by sneaking into my partner’s law lecture. I remember thinking: “If those students can do it, then so can I.” I was a little bit arrogant looking back, but I was just thinking: “I have a voice, a brain and the ability to learn, so why not?”
I studied law at the Open University (OU) for six years, while living at home. I had the reading age
of a 10-year-old and writing age of about 13. I don’t have GCSEs or A-levels and, luckily, the OU didn’t have entry requirements. I graduated with a high 2:2, and I’m really proud of it.
From a young age, I knew nothing would be handed to me on a plate. I wasn’t going to take no for an answer. When a job advert required a 2:1, I would apply anyway. My partner often tells me I always get what I want. It’s because I’m not going to be constrained: I’m going to push through.
I’m an accidental lawyer, I think. During work experience in private practice, a partner told me to give up because I was at the OU. The Diversity Access Scheme (DAS) was my lastditch attempt. Without it, I wouldn’t have been able to progress. I was a mature student, had to pay rent and needed to get on with my life.
My advice for applying for DAS is to be brutally honest. I detailed the debt I was in and that I was on benefits. In my essay, I wrote about the ineffectiveness of blind recruitment and was challenged in my interview. I said a Magic Circle firm used blind recruitment as a PR stunt because it already gets the best candidates. I didn’t know it, but someone on the panel was a partner there. But I didn’t back down; we had a bit of a debate.
Ask yourself, are you going to get to 40 and regret not doing it? I would have. I couldn’t believe it when I was successful – things like that didn’t happen to people like me. Getting DAS should have been a massive confidence boost.
But because of who I am and where I come from, I felt pressure to not let people down.
I hated the Legal Practice Course (LPC). I was a lot older than the other students and there was a perception that degrees from the OU aren’t as good. Some people felt they were entitled to a training contract because of the university they went to and the grade they got.
In the middle of my LPC, I nearly gave up law. I briefly worked as a paralegal in private practice. It was a toxic environment, where I was subjected to homophobic comments from my supervisor. When I resigned, he told me to stop going on about my mental health because people would think I was crazy. I ended up thinking law wasn’t for me.
If it wasn’t for the law centre, I wouldn’t be a solicitor. I applied for one training contract at the Derbyshire law centre and basically cried in my interview. It made me a firm believer in great things come to those who stop trying to force things that aren’t meant for you.
As a social welfare lawyer, my job is to stand in front of the little person and make sure they get justice. We’re at the coalface of society. Every day, I see people at crisis point. If a day goes by where a client isn’t threatening suicide, that’s a good day. I feel like I’m doing my best work now, ensuring access to justice in difficult circumstances. Housing is the worst, with the cost-of-living crisis increasing evictions, rent increases and mortgage repossessions.
I charge £48 on legal aid, it hasn’t gone up since 2007. When I win a case and can get my costs from the other side, I can charge £186 an hour. How can that be? Without legal aid providers holding the safety net, the council wouldn’t be able to cope with housing needs. It affects every aspect of society.
It’s not all about the money, but I would like to put the heating on during the winter. I would’ve done it for nothing, but only now am I on the same wage that friends were being paid as trainees. I’m not asking for much, but my employer can’t increase my pay because the funding isn’t there.
Change is coming because of the new generation. You can get what you want: just don’t take no for an answer, or allow someone else to dictate where you want to go. Work as hard as you can, make contacts and be broadminded.
Tapas Thursday Networking Lunch 11.07.24
Our July Tapas Thursday was another great success with 30 or so local (and not so local) lawyers and business people enjoying making connections whilst sampling the fabulous tapas at Lorentes Darley Abbey
After a brief welcome from President Tina Attenborough, everyone was free to mingle and swap business cards. We welcomed representatives from Nelsons, Attenborough Law, Timms, MC Assess, Calm in a Box, Status Social, Simpson Jones, DG Legal, Mabe Allen, Review Solicitors, Fishers, Alexander & Co, Elliot Mather, Peak Mortgages, X-Pres Legal, Legal Connect and Smith Partnership
Thank you to everyone who came along and the event is becoming so popular that we have already planned the next for 10th October 2024. Book via Fienta or e-mail admin@derbylaw.net
Criminal Sub committee - 31st July
There are Issues with contacting the court and getting timely responses - this is getting a real problem in terms of changing court listings, getting matters in before the Court or even advising the court of essential information. The family teams are likely to be experiencing the same problems
It is understood that the Courts are losing more legal advisors. Which means less courts available.
High work loads on the days the courts are running guilty plea courts and not guilty plea courts – this is leaving a lot of work needing refixing due to lack of court time. I have a
sentence in October that should have been in May 2024!
There are real concerns about the work load in Chesterfield. There is only one bail court date, where there are new matters and adjourned matters, this is Thursday. It is very heavily listed and therefore a lot of work is going to Derby. This means, those on benefits and without homes, are travelling to Derby to do simple shop theft cases. A cost that they clearly can not afford. The Court will not listen to reason with this and will not accept that the work is being absorbed by Derby and say that there isn’t enough work to run another court. The Chesterfield conglomerate is working to getting some stats
to disprove the Court on this.
At my last criminal board meeting the Court team that attended said others should get their houses in order before they come looking to them which was not awfully helpful.
It appears arrest rates are going up – with Domestic matters being the highest priority
There is some good news on the horizon, the previous government agreed a higher fee structure for police station and youth court work – watch this space!!
Felicity Coats
Situations Vacant
Job Title:
Experienced Family Law Solicitor
Location: Chapman & Chubb Solicitors, Alfreton, Derbyshire
About Us: Chapman & Chubb Solicitors is a well-established legal firm committed to providing exceptional family law services to our clients. Our team values professionalism, empathy, and a friendly client-centric approach.
Role Overview: We are seeking an experienced Family Law Solicitor to join our team. As a key member of our practice, you will handle a diverse caseload, including divorce, child custody & financial settlements. You will also be available for matters such as Change of name deeds, cohabitation agreements and prenuptial agreements.
Experience with settlement agreements is also desirable.
Responsibilities:
• Represent clients in family law proceedings, both in court and through negotiation.
• Provide legal advice on divorce, child custody, prenuptial agreements, and related matters.
• Draft legal documents, including petitions, affidavits, financial disclosure and similar.
• Conduct legal research and stay up-to-date with changes in family law legislation.
• Collaborate with colleagues and support staff to ensure efficient case management.
• Maintain strong client relationships and uphold the highest ethical standards.
• Requirements:
• Qualified solicitor with substantial experience in family law (minimum 2 years PQE).
• Solid understanding of divorce proceedings, financial settlements, and child-related issues.
• Excellent communication skills, both written and verbal.
• Ability to work independently and as part of a team.
• Empathy, discretion, and a clientfocused mindset.
• Experience with a digital CMS
• Benefits:
• Competitive salary and benefits package.
• Supportive work environment.
• Opportunities for professional growth and development.
Chapman & Chubb Solicitors are part of the DJF Group of solicitors, with firms spread across the UK and experience in most areas of law.
How to Apply: Please send your CV and a cover letter detailing your experience and interest in the role to michael@djfsolicitors. co.uk
Job Title:
Trainee Solicitor/Paralegal
About Us: Chapman & Chubb Solicitors is a well-established legal firm committed to providing exceptional family law services to our clients. Our team values professionalism, empathy, and a friendly client-centric approach.
Job Description: We are seeking a motivated and enthusiastic Trainee Solicitor or Paralegal to join our team. The successful candidate will work closely with our experienced specialists, gaining valuable hands-on experience in private client work and residential conveyancing. This is an excellent opportunity for someone looking to start or further their career in the legal field.
Key Responsibilities:
• Assisting solicitors with case management and client correspondence.
• Conducting legal research and preparing legal documents.
• Managing and progressing a caseload of residential conveyancing matters.
• Drafting wills, powers of attorney, and other private client documents.
• Liaising with clients, estate agents, and other third parties.
• Ensuring compliance with legal and regulatory requirements.
• Requirements:
• A degree in law (LLB) or equivalent qualification.
• Previous experience in a legal environment, particularly in private client work or conveyancing, is desirable but not essential.
• Strong organizational and time management skills.
• Excellent written and verbal communication skills.
• Ability to work independently and as part of a team.
• Attention to detail and a commitment to providing high-quality legal services.
What We Offer:
• Competitive salary and benefits package.
• Comprehensive training and development opportunities.
• Supportive and collaborative working environment.
• Opportunities for career progression within the firm.
Chapman & Chubb Solicitors are part of the DJF Group of solicitors, with firms spread across the UK and experience in most areas of law.
How to Apply: Interested candidates should submit their CV and a cover letter outlining their suitability for the role to michael@ djfsolicitors.co.uk
Great Map Of Willanthropy to launch this Remember A Charity Week (9-15 September 2024)
This year’s Remember A Charity Week (915 September 2024) will see the launch of an interactive map of legacy giving, showcasing the impact of charitable gifts in Wills across the world. The Great Map of Willanthropy* will display a wide range of charitable services and places that have been funded or supported through gifts in Wills to UK charities, while also showing what future legacies could achieve.
Remember A Charity Week, now in its 15th year, brings together almost 200 member charities, 900 Campaign Supporters (solicitor firms and Will-writers), wealth advisers, and partners to encourage more people to consider leaving a gift to charity in their Will. While Remember A Charity runs consumer campaigns all year round, the week serves as a key moment to equip and activate all those in the consortium’s network to champion charitable legacies.
Alongside the digital map and a celebritybacked national PR drive, Remember A Charity will launch the next phase of its Be Remembered consumer advertising campaign during Remember A Charity Week, encouraging the public to think about
what they want to be remembered for. The consortium’s legal partners and Campaign Supporters will be provided with promotional assets to use on their digital channels to open up conversation about charitable Wills with clients and prospective clients.
Lucinda Frostick, Director of Remember A Charity, says:
“Remember A Charity Week is a wonderful opportunity for charities and the legal sector
to collaborate to inspire people across the UK to not only write or update their Will but to leave a gift to their favourite charity. This year, we’ll be sharing a mix of warm, humorous and informative content throughout the week, aiming to win both hearts and minds, while encouraging people to take action.
“For professional advisers and Will-writing providers, it’s a great chance to promote the importance of having an up-to-date Will and deepen client relationships with values-led conversations about the good causes they care about.”
Solicitors, professional Will-writers and others who wish to participate in this year’s campaign and sign up as a Campaign Supporter, are encouraged to get in touch with Remember A Charity in the next few weeks.
*Willanthropy is a term for legacy giving, which was introduced by Remember A Charity in 2023. It has since been used by a wide range of audiences and referenced in parliament.
To find out more or take part in Remember A Charity Week (9-15 September 2024), visit www.rememberacharity.org.uk
Lucinda Frostick
The Big Report 2024 highlights The Solicitors’ Charity’s key role in supporting the profession
• 33% increase in number of solicitors supported by The Solicitors’ Charity
• Wellbeing support to clients totalled £972,064
• Rising demand for wellbeing support led to more funded referrals
• Disproportionately high demand from diverse ethnicities
“The support we offer is a real lifeline to the solicitors we help in times of hardship or crisis – it really validates The Solicitors’ Charity as a key safety net for the profession,” says a Case Manager from the Wellbeing & Grants Team.
The Big Report 2024 reflects this – with 33 per cent more solicitors being helped by the charity in 2023, compared with previous year, together with an increase in the overall awards made to clients.
A total of £972,064 of wellbeing support was given to solicitors in need last year or paid to partners to provide services.
The rise in demand for the charity’s support with emotional, physical, professional, and financial wellbeing in 2023 led to more funded referrals for all the charity’s partners –LawCare, Onebright, Renovo, Citizens Advice Manchester, and AdviceWorks.
The demographic breakdown also revealed that demand for services was high from those with diverse ethnic backgrounds. Industry data shows that this figure usually represents 18-19% of the solicitor workforce. However, the Solicitors’ Charity reports double this proportion of new clients from different ethnicities.
The Solicitors’ Charity CEO, Nick Gallagher, said: “We are proud to publish such a positive Big Report this year, reflecting the financial support we have provided over the past year to more than a third more solicitors facing challenges.
“The Big Report shows there is a real demand for our wellbeing services in all four wellbeing pillars – emotional, professional, physical and financial – and we are providing more support than ever before.
“Our clients came from a wide demographic across England and Wales – 66% identified as having some type of disability and over 60% were aged between 30 and 50. This demonstrates that we are helping a large proportion of people in mid-career or when their professional lives are (or should be) in full flow. The biggest stress factors were identified as time pressures, high workload and client demands and the charity has provided wellbeing support to help solicitors with tackling these.
“Now, more than ever, the growing demand for wellbeing support from solicitors and the increase in awards we have made over the past year demonstrates that The Solicitors’ Charity plays a key role in providing all our clients with the help they need to achieve a healthy work-life balance.”
The Solicitors’ Charity funded 324 clients to receive wellbeing support from LawCare, which was almost double the previous year’s number of solicitors, seeking help with bullying and harassment concerns. Onebright was funded to provide mental health assessments and therapy referrals to 28 solicitors and their dependants.
Career transition counselling was provided to 19 clients by Renovo, with 40% already having secured a new job and others actively searching for work after receiving this targeted support. A further 37 solicitors were helped with money management advice by AdviceWorks and 32 received welfare benefit or debt advice from Citizens Advice Manchester, all with The Solicitors’ Charity funding.
The charity also supported solicitors (and former solicitors) with their physical wellbeing, including funding a specially adapted car for wheelchair transport.
If you would like more information about The Solicitors’ Charity services or to make a donation to support the charity, visit thesolicitorscharity.org.
Read the Big Report 2024 at thesolicitorscharity. org/big-report
Legacy bequests reach highest number ever recorded
The latest findings released by Legacy Futures reveals that legacy income received by its Legacy Monitor consortium members in the year to March 2024 was £1.81bn – 1% up on the previous financial year.
The income growth has been driven primarily by bequest numbers, which reached almost 60,000 – the highest number of annual bequests ever recorded.
Legacy Futures’ data suggests that the growth in bequests is, in the main part, a result of improvements in the probate process at HM Courts and Tribunals Service (HMCTS). The backlog of probate cases declined in the period analysed, implying that investments made in additional resources are starting to pay off.
Looking forward, the increased numbers of bequests coming out of the probate process and a less pessimistic outlook than expected for house prices means that the legacy market is predicted to remain resilient and show flat
or potentially slow growth for the remainder of 2024.
Ashley Rowthorn, CEO of Legacy Futures, said: “Charities and supporters alike have felt, and are still feeling, the impact of the ongoing political instability and cost-of-living crisis. Add to that the delays at probate, and legacy
giving, although still a reliable income stream for charities collectively, wasn’t seeing the levels of growth that had previously been predicted. It’s great news for charities therefore that bequest numbers have reached a record high and that efficiencies at HMCTS have started to improve. Income resilience is what’s needed in the current climate and it’s very positive indeed that this research points to that being a reality for the future of the legacy market.”
About Legacy Futures’ Legacy Monitor Legacy Monitor is a consortium research programme to analyse, benchmark and debate trends in the legacy market. Set up in 2008, it incorporates an annual review of trends in the legacy market, and a quarterly benchmarking service. This year’s programme benchmarks 81 of the UK’s leading charities, who together account for almost half of the legacy market. Thank you to our member charities for agreeing to share top-line legacy performance data with the sector, allowing information and insight to be gained. The next quarterly data will become available in August 2024.
Radical new tech development delivers seamless one stop ID verification process - a bona fide game changer for financial services
A game changing new app launched by tech developer Professional Office is set to radically change the way financial services firms verify their client identity and improve their KYC process.
As part of the company’s SanctionsSearch.com © suite of tools, users can now VERIFY the identity of people from anywhere in the world holding a valid biometric passport simply by using the smart phone app, ValidateMe.
ValidateMe© takes customers through a comprehensive, sign posted journey of collecting documents, liveness facial recognition and the current ‘live’ status of the documents presented.
And it is all done via the applicant’s smart phone.
The technology - cleverly - unlocks the NFC chip in the passport to confirm the individual is actually who they say they are. Critically, all data is then cross verified to ensure that all the information is authentic.
“Our new product is set to radically transform the way financial services and associated legal and professional services firms do business,” said MD Chris Clare.
“There’s a host of software products out there that claim to be market leaders in the verification process, by using ‘liveness’ and facial recognition to match people with images on documents.
“But while none are inherently bad, most are not 100 per cent perfect,” added Clare.
“The problem is, they all rely on the validity of the document, such as the included data, and - amongst other things - the photo of the person on a passport.
“If that photo or document is compromised, then any validation that comes from it is inherently flawed. And then you have a big problem,” said Clare.
“Here at Professional Office, we have focused our energies over the last four years and developed our NFC (Near Field Communication) PCV (Passport Chip Verification) tool
“We believe it is the most state of the art ID verification tool available.”
So, how does it work?
“The NFC chip in a passport contains an encrypted copy of all the data printed on it, including the photo of the client, which should match the one visible on the document.
“All this data is digitally encrypted and signed with a verifiable Government - issued secure certificate.
“That government-issued encryption certificate held on the chip is verified to ensure that the data has not been tampered with, providing one of the most robust ID verifications on the market at the moment.
“All data collected by ValidateMe© is fully encrypted on the phone ensuring it is not accessible to anyone. Once it has been used it is permanently removed from the device.” explained Clare.
www.professionaloffice.co.uk
Update on Civil Procedure Rule Committee
Access to Court Documents Proposals
From February to April 2024, the Civil Procedure Rule Committee (‘Committee’) held a consultation on a proposed draft amendment to the Civil Procedure Rules (‘CPR’) rule 5.4C (supply of documents to a non-party from court records). Details of the consultation are available on the Committee website at: About us - Civil Procedure Rule Committee - GOV.UK ( www.gov.uk ). https://www.gov.uk/government/organisations/civil-procedurerules-committee/about
The proposed amendment would permit a non-party to obtain specified documents in relation to the proceedings, including expert reports (except for medical reports or where a rule or practice direction provides otherwise), without the permission of the court. A non-party will be able to obtain these documents (subject to certain restrictions) where the defendant has filed an acknowledgement of service or a defence, the claim has been listed for a hearing, or a judgment has been listed in the claim. A summary of the EWI’s response to the consultation is available here: https://www.ewi.org. uk/News/the-ewis-view-on-the-civil-procedure-rule-committeecourt-documents-consultationc
The initial intention had been to introduce the amendment in October. However, in May the Committee noted that the reforms may not be ready to come into force by then, and in the minutes of the Committee’s June meeting, the Committee noted that this work would be temporarily paused:
“AL(23)235 - Access to Court Documents (UKSC Cape -v- Dring). Further to the update provided at the last meeting (paragraphs 8 – 13 of the May 2024 minutes refer) and following internal discussions, the work will be temporarily paused. This is to allow the Lady Chief Justice’s Transparency and Open Justice Board (chaired by High Court Judge, Mr Justice Nicklin) to conduct the first phase of its work. It is envisaged that a member of the Board will be nominated to act as liaison with the CPRC. Action: Secretariat to provisionally allocate time in the autumn for the matter to return.”
The Lady Chief Justice published the membership and Terms of Reference for the new Transperancy and Open Justice Board in April 2024. The Board’s purpose is to lead and coordinate the promotion of transparency and open justice across the Courts and Tribunals in England & Wales, with initial activities including establishing a Stakeholder Committee and finalising the Board’s Key Objectives
after wide engagement with interested parties. The EWI has written to the Lady Chief Justice offering to represent the Expert Witness community on the Stakeholder Board.
The EWI will continue to monitor the progress of the Access to Court Documents proposals and engage fully in any further consultation on them. We will also continue to engage with the Transperancy and Open Justice Committee.
More inept expert witnesses (and solicitors)…
…and an annoyed judge.
Those who have read my articles and blogs in recent years will recognise that I have a “thing” about inadequate or incompetent experts. This “thing” developed over many years; as an expert chartered accountant I found it tiresome to have as opposing expert a chartered accountant who may have been a good general practitioner, but who found it sexy to do a bit of court work between audits and didn’t have the first idea of how to perform.
I tried to solve the problem in two ways. First, I served for 14 years on the Forensic Committee at ICAEW where we devised a scheme of accreditation for forensic accountants and expert witnesses. Out of a total membership of over 155,000, only about 100 of us have reached the necessary standard.
Second, I have sat on the Investigation Committee at The Academy of Experts for many years, and one of our tasks is to assess the performance of Academy members who have been criticised by a judge. The Academy gives excellent training for experts (of many professions) and I am pleased to say that cases where our members have been criticised by a judge are vanishingly rare.
The lesson is obvious: if you wish to practise as an expert witness, you must be an outstanding member of your primary profession, but you must also have taken the trouble to train for your second profession, as an expert.
Moral for solicitors: when appointing experts, ask them what training and accreditation they have as experts. I am a fellow at The Academy, one of only about 60 worldwide. You can be confident my reports will comply fully with CPR or equivalent, that I will not crumble under cross-examination, and so on. These matter to the success of your cases.
Let’s turn to this recent case where things didn’t go smoothly. It is Scarcliffe -v- Brampton Valley Group Ltd [2023] EWHC 1565 (KB). The facts are simple: Scarcliffe was a tree surgeon who injured his lumbar spine in an accident, couldn’t work again and suffered from intense pain. There were arguments about pre-existing medical conditions, and about whether his career would in any event have been shortened.
The claimant’s Schedule of Loss included claims for loss of earnings and for care, and the total claim was a staggering £6,189,507.49. At least four things went wrong.
First, there was a complicated situation at home, with three children before the accident and a further two by the time of the trial, several of them with special needs. Did the need for childcare arise as a direct result of the accident? Probably not.
Second, the judge found that the evidence of Mr Scarcliffe and of his wife was not credible about the home situation before and then after the accident so that the claims in the Schedule for loss of earnings and for care were “unsustainable”
Third, the claimant’s orthopaedic expert had changed his opinion several times, so that his evidence was rejected.
Fourth – and this is where we see the main lesson to be learned by both experts and by instructing solicitors – the pain experts had not been informed that the orthopaedic expert had changed his mind, so they attended trial and gave evidence without knowing that the report on which they had based their opinions was no longer in evidence. The two lessons to be learned were obvious: instructing solicitors must advise their experts if the evidence changes, and experts must constantly ensure that their opinions are still valid, and inform those instructing them if their opinions change.
Let me spell this out. A condensed wording is in CPR Part 35, but the wording from the Ikarian Reefer is even clearer: “If, after exchange of report, an expert witness changes his view on a material matter having read the other side’s expert report or for any other reason, such change of view should be communicated (through legal representatives) to the other side without delay and when appropriate to the court.”
The trial judge Mr Justice Cotter, a judge very experienced in multi-million pound personal injury and clinical negligence cases
Chris Makin
took the exceptional step of writing to the experts to ask them if their opinions were still valid. They went blindly into the witness box anyway. Not wise.
There were other weaknesses in the claimant’s case which came out at trial. One was to ask whether all the aids and appliances were really necessary. Another was to ask if a claim was being made for care which would in any case have been given by the wife, or childcare by the grandparents. And – this a real bloomer – the claim for childcare had been quantified up to the claimant’s expected retirement date, when the children needing help with the school run would have been in their late twenties! Yet the care expert ran the cost of the school run up to retirement date, and the solicitors blindly copied that into the Schedule of Loss. Cotter J was not amused.
After all these unsafe elements of loss had been weeded out at trial, the final award of damages was £275,063.03, a mere 4.4% of the original claim. The judgment I have seen does not speak of the costs awarded, but I anticipate there would be little to fund the claimant’s loss of earnings and care costs.
Book Review
Lots of lessons here, for experts and for solicitors.
Biog : Chris Makin has practised as a forensic accountant and expert witness for 30 years, latterly as Head of Litigation Support at a national firm. He has given expert evidence about 100 times. He also performs expert determinations.
Chris is a fellow of the Institute of Chartered Accountants where he has served on the Forensic Committee, and as an ethical counsellor; he is a fellow of the Chartered Management Institute, a fellow of the Academy of Experts where he serves on the Investigations Committee, and a mediator accredited by the Chartered Arbitrators. He practises as a mediator, from his home in West Yorkshire and his rooms at 3 Gray’s Inn Square, London WC1R 5AH, telephone 020 7430 0333 . He has mediated 100+ cases so far, on a huge range of subjects, with a settlement rate to date of 80%. For more see his website with videos:
www.chrismakin.co.uk chris@chrismakin.co.uk
by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE , Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
The Drink- And Drug-Drive Offences A Handbook for Practitioners
Third Edition
By P M Callow
ISBN 978 0 85490 302 3 WILDY, SIMMONDS & HILL PUBLISHING www.wildy.com
An Important Updated Statement For Criminal Practitioners In This Developing Area Of Offending In 2024
The purpose of this book is to bring together the statutory provisions and the case law on the drink- and drug-drive offences. Wildy, Simmonds and Hill offer us advice in an accessible, practical way which author P M Callow describes as “elucidating issues which are often surprisingly difficulty”
The second edition of this handbook was published and updated in 2018 and has been further updated for 2024. The drugdriving offences have come into their own at this time, with the book adopting “a neutral standpoint” between the various interests of the police, prosecution or defence. These offences, originally introduced in 2015, now account for almost as many convictions as
excess alcohol offences do. The conviction rate for both groups of offences continues to be extremely high, at approximately 95%.
The new third edition “takes account of some forty judgments of the appellate courts since the publication of the second edition”. As the author says, “the recent challenges to the drink- and drug- driving regimes have taken on a somewhat different character from before”. So, whilst the interpretation of the statutory road traffic provisions continues to be developed in our case law, other issues are coming to the fore with new cases.
Precedent on the circumstances in which judicial review is appropriate has also been drawn together. The line of developing cases often features contested decisions on adjournments which can be crucial for the development of a case. Common issues reviewed are lack of diligence in preparation for trial and/or failure by the court below properly to scrutinise the application for adjournment. In fact, all the usual problems practitioners face are covered here.
“Appeal courts”, says Callow, “have remained constant in insisting on “rigorous scrutiny” of requests for adjournments and have robustly
applied the Criminal Procedure Rules (Crim PR) aimed at avoiding delay”. Delay being one of the biggest difficulties the court system currently faces in the middle of 2024.
In addition, judicial review has been increasingly used to challenge decisions of the lower courts; the case law on the circumstances in which this route is appropriate has been drawn together. The third edition offers commentary on the difficult cases of DPP v Carless [2005] and R v Coe [2009]. Both have been reviewed to emphasise that neither case sets a precedent for the admission in evidence of the analysis of blood specimens taken outside the regime of the 1988 Act.
It is right to say that this work remains a practical and accessible book. The author is always glad to hear from readers who have any comments to make or suggestions to offer concerning the content of the book. As with all Wildy books, this one goes to the heart of our practice is an invaluable addition to your law library.
The date of publication of the hardback second edition is cited as April 2024.
PII- Where are claims emanating from?
For a number of firms you will be in the midst of your PII renewal, there has been much written with regards to improving market conditions, and for a number of practices that will be the case.
For our feature for the readership this year, rather than provide a commentary on what to expect for renewal, we wanted to share with you the current claims environment and the common areas whereby claims are being made against firms.
To start with a positive, the number of claims made against the profession has continued to decline, it must however be commented that the cost of claims has continued to rise, some of which have caused real issues for Insurers.
Wills, Trusts and Probate
The number of matters notified relating to Private Client work: Wills, Trust and Probate work, remains high.
The number of claims relating to the preparation of wills, in particular, emanating from other family members (disappointed beneficiaries) has remained high.
We have also seen an increasing number of claims, targeting law firms, on the basis of an alleged failure to check the capacity of the deceased.
Claims between disputing family members are often difficult to resolve and, as a result, can be very expensive for an affected firm.
Conveyancing
Perhaps unsurprisingly, Conveyancing claims remain high and are still the most significant contributor both in terms of number and cost of claims to Insurers.
The time taken on the part of HMLR in raising requisitions, in response to applications to register title, have further resulted in claims against firms. Clients have complained about the absence of any warning about the time taken by HMLR to respond to issues and, with the rise in interest rates causing clients to pay more in mortgage rates, this has resulted in claims against law firms.
Lastly, we have seen an increase in the success of fraudulent sellers, there has been a clear correlation between this and where the work is emanating from, with particular success for the criminals occurring through panel/referrer
work whereby a quick and efficient sale is the nucleus of the referrers business model. These type of claims tend to be expensive, but also difficult to defend as the loss crystalises immediately.
Commercial Real Estate
The number of claims relating to Commercial Real Estate has changed trajectory and have now increased fractionally. The increasing value of property, and number of transaction deals relating to the sale of property, means that the value of these claims have increased.
Cyber Crime (hacking)
We continue to see a number of cyber-attacks suffered by firms. The cost and time to resolve these issues has continued to escalate.
Notification of data breaches may also need to be made to the ICO and to the SRA. Further, law firm clients may also need to be told about a data breach. These issues may impact on the reputation of a firm.
For the avoidance of doubt, cover is provided under the Minimum Terms and Conditions Insurance policy (PII) for claims by third parties. The firm’s own internal (first party losses) are not covered under the policy, and this is where Cyber Insurance may be useful for a firm.
Regulatory Issues
The number of regulatory investigations remains high, and is likely to increase furthermore such are the reported outcomes of the Axiom Ince incident towards the end of 2023.
We suspect that the SRA will become even more active in investigating the activity on the part of law firms in dealing with AML, client due diligence and the SRA Accounts Rules. Our view remains that we expect SRA vigilance on dealing with these issues to amplify.
The SRA’s increased power to fine firms will mean that firms may feel greater impact from regulatory investigations. It is possible that the SRA’s power to fine firms may increase further. Please note that the Minimum Terms and Conditions Insurance policy does not provide insurance cover for regulatory investigations. If you have queries about your position, please speak to your broker at Lockton at your earliest convenience.
Claims by practice Area
We have seen a consistent pattern in terms
of work types that have commonly caused claims. This chart summarises claims frequency against the profession.
Should you be in the process of renewing your Insurances and wish to seek a second opinion, myself and the team at Lockton would be more than happy to discuss with your firm.
Marc Rowson Partner marc.rowson@lockton.com
02079332034
Deputyship and Statutory Will Applications: How does a probate genealogy firm help?
As all Deputies and Court of Protection specialists will know, applying for a Statutory Will can be a complicated and time consuming matter. As part of the duty of care, and requirements for making a Statutory Will, it is necessary to hold a copy of the person’s existing Will, a draft of the proposed Will, details of their family, assets and income, as well as medical evidence of their incapacity in order to provide these to the court, together with any other evidence the court requires.
Anyone who would be potentially affected by the application (perhaps a beneficiary who would lose out, for example) will be a party to the court proceedings. Finders International specialises in researching P's next of kin, providing a verified family tree and a full report of the required findings to support your Application to Court.
Here are some of the ways in which a probate genealogist can help:
1. Verifying Family Tree Information:
We can conduct thorough research to trace and identify all of P’s next of kin according to intestacy rules. We can do so with little or no contact with the family, at the authority of the Deputy, and ensure that our research is backed by documentary evidence. The court or the deputy may receive information about P’s family from various sources, including family members. This information can often be inaccurate; therefore, we can verify the accuracy of any information already held, ensuring that the family tree is comprehensive and reliable.
2. Resolving Complex Family Scenarios:
In cases where the family structure is complex or unconventional, a probate genealogist can provide expertise in unravelling intricate family scenarios. This includes stepsiblings, half-siblings, or other unique family relationships. With modern families spread across the globe our international expertise can assist in even the most complicated of family make ups, and wherever people may live.
3. Ensuring you are aware of P’s existing Will & financial assets
Ensuring you know of any Will P may have made in the past is crucial to this process. Finders can assist by conducting a comprehensive Will Search to identify any Will that may have been made before P’s affairs were managed under Deputyship Order. Additionally, a full missing asset search can also be conducted for P, ensuring that you are aware of the full financial picture.
4. Providing Evidence for the Court:
The findings of a probate genealogist can be presented as evidence to the Court of Protection. This documentation helps validate the accuracy of the family tree and ensures the correct family members are notified of the process.
Insights into the research process
A question that we are often asked is, ‘How do you do it?’ Many
who have researched their own family tree will know that birth, marriage, and death records are essential in confirming findings. At Finders International, we also have in-house databases, local representatives, and a network of international researchers to assist with our research. Each case comes with its challenges, including children born out of wedlock, overseas research and common surnames. Our team work on cases with these elements on a daily basis and carry out research for Court of Protection teams all over the country, so have the experience to overcome these research hurdles.
Case Study
At the point of our instruction, the only information held was that P had a deceased partner and one living cousin.
Our research first confirmed that P had no children and was an only child.
Extensive research using all available genealogical resources confirmed that P had no living Paternal family. However, we confirmed that P’s maternal family was larger than expected.
During the course of our research, we identified 6 maternal aunts and uncles who left descendants, identifying a number of living cousins.
As part of our verification process, we obtained birth, marriage and death certificates and identified current addresses for all P’s next of kin. This information was provided to the Deputy in an easily digestible family tree and report, with appropriate supporting documentation. In this case, at the Deputy’s request, no contact was made with the family before our report was submitted.
Our involvement in this case was key, as we identified three more family members in addition to the cousin previously known. This full picture enabled the Deputy to proceed with the Statutory Will Application and notify all the correct next of kin.
Our expertise in genealogical research ensures a thorough and accurate representation of the P’s family connections, enabling confidence in the information provided to the Court for the purposes of obtaining a Statutory Will.
Finders International can assist pre-deputyship application if the court requires you to contact family, friends or neighbours of P. We can also assist with Statutory Will Application research, Missing Will and Assets searches, Administrator searches and Unoccupied Property Insurance. If you have a case like the above or have any questions regarding our services, contact us today at quotes@ findersinternational.co.uk, call 0800 085 8796 or visit our website www.findersinternational.co.uk
