Herts 27

issue 27 Summer 2015

Hertfordshire Law Society Gazette

A British Bill of Rights?

A perennial topic examined on p.7

Also this issue: The Collaborative Law Process - Kate Carroll & Paul Owens Marathon - Dealing with Disengaged or Distracted Clients and much more...

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Contents

Hertfordshire Law Society Gazette

Contents issue 27 Summer 2015

4

Council Members for 2015

8

Marathon Report

18

Drainage & Water

4

Editor’s Comment

10

Dealing With Distracted Clients

21

The Open Spaces Society

5

From the President

12

Retirement Income

23

LSSA Appointment

6

The Collaborative Law Process

14

Guideline Hourly Rates

24

Book Reviews

7

A British Bill of Rights

17

FLOOD RE

26

Probate Case Management

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simon@epc.gb.com www.epc.gb.com Advertising Simon Castell Managing Editor Judie Caunce

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Media No: 1154 Published: July 2015

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DISCLAIMER: the views expressed by the writers in this magazine are not necessarily those of the Hertfordshire Law Society

http://www.hertslawsoc.org.uk/

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Council Listings

Council Members 2015 President Richard Atkins Taylor Walton (Harpenden) Property Vice President Claire Sharp Debenhams Ottaway (St Albans) Private Client Hon Secretary and Treasurer Laura Colville Debenhams Ottaway (St Albans) Private Client Immediate Past President Jeremy Chandler-Smith JCS Solicitors (Hitchin) Sole Practitioner

Members

Robert Bedford Machins Solicitors LLP (Luton) Employment Nicholas Belcher Nockolds Solicitors Limited (Bishop's Stortford) Agricultural and Liquor & Gaming Licensing David Bird Crane & Staples (Welwyn Garden City) Private Client & Trusts Penny Carey University of Hertfordshire (Hatfield) Academic

(until 31 December 2015)

Charles Duchenne Duchennes (Bedford) Litigation

Attia Hussain Crane & Staples (Welwyn Garden City) Family

Law Society Eastern Regional Manager

Judith Gower Hertfordshire County Council (Hertford) Local Government

Gary Smith Nockolds Solicitors Limited (Bishop's Stortford) Commercial

Stephen Halloran Lawtons Solicitors Ltd (Hatfield) Crime

Amanda Thurston Curwens (Hoddesdon) Family

Parliamentary Liaison Officer Judith Gower Hertfordshire County Council (Hertford) Local Government and Criminal

Administrator & Membership Secretary

Anna Donovan

Samantha Worth Tees Law (Bishop’s Stortford) Commercial

National Council Member Aileen Hartnett

Taylor Walton LLP (Harpenden) Paul Davies Family Hamilton Davies (Stevenage) Employment, Family and Litigation

Judie Caunce, Enterprise House, 5, Roundwood Lane, Harpenden AL5 3BW Tel: 01582 765006 E-mail: admin@hertslawsoc. org.uk

Ginny Harrison Ginny Harrison Legal Limited (St Albans) Employment

From the Editor I

t’s the morning after the night before. Last night Hertfordshire Law Society welcomed 140 guests to the beautiful Old Palace at Hatfield House. The pretty gardens at the childhood home of Elizabeth I were bathed in evening sunshine while guests enjoyed a chilled welcome drink, before taking their seats for dinner.

Trainees, newly qualified solicitors, partners, members of the judiciary and past Presidents of the Society dined, chatted and laughed in the wonderful medieval hall. We were also delighted to welcome Andrew Caplen, to his last local law society dinner in his role as President of The Law Society, as our guest speaker. If you were not able to join us this year, we hope to see you next June; it is an excellent evening.

A full report of the annual dinner and photos will follow in the next edition of the magazine.

The Magna Carta celebrations have come and gone, and Cameron, somewhat controversially, used the opportunity to allude to the government’s plans to replace the Human Rights Act with a British bill of rights. At the time of writing, Cameron is touring Europe on a mission to cajole and convince European political leaders that the European Union is due for changes that might include breaking the “formal link” with the European Court of Human Rights. Elizabeth Wilson, first year trainee at Taylor Walton, discusses this issue further in her article, in which she looks at the challenge of staying in the European Convention and protecting the rule of English Law.

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Also in this edition, Immediate Past President, Jeremy Chandler-Smith, takes us through the role of Collaborative Law and its commitment to finding the best solutions to matrimonial issues by agreement rather than through court proceedings. Helen Midgley, 2nd year trainee at Tees Law, takes a light-hearted look at trainees tasked with making contact with disengaged clients – which will surely strike a chord with many of you.

Congratulations to Kate Carroll (Debenhams Ottaway), Paul Owen and Gavin O’Donovan (Machins) on their London Marathon achievements in April. See them proudly sporting their medals on page 8.

As ever, thank you to contributors to the Hertfordshire Law Society magazine. If you would like to write an article of a legal topic of particular or topical interest for the next edition, do please contact me ready to submit it for publication by 11 September, thank you. In the meantime, if the summer means holidays for you, I wish you relaxing days of sunshine, strawberries and Pimm’s.

Judie Caunce Administrator & Membership Secretary Enterprise House, 5 Roundwood Lane Harpenden, Herts AL5 3BW T: 01582 765006 M: 07775 652578 E: admin@hertslawsoc.org.uk or jac@events-plus.co.uk

Hertfordshire Law Society Gazette

Editorial

From the President Why are we, as a profession, so sceptical about marketing?

S

hortly after I joined my present practice 20 years ago, I was told that I was a “rainmaker” and was asked to become Business Development Partner.

I was terrified! I knew nothing about marketing other than I knew it worked.

When, eventually, I was persuaded to take on the role I found there were a number of stock excuses amongst some partners for not getting involved in marketing. These included the simple “we don’t do marketing – we are lawyers!” to “we market ourselves by what we do and don’t need to spend money “bragging about it””! Luckily those Partners are no longer with us.

The truth is that we, as a profession, are not very good at marketing ourselves. It may be because we feel that marketing is not professional, and that this is not what we became a lawyer for! We have not been taught it at law school and the truth is we do fear the unknown.

Sometimes, when you look at competitors who, instinctively, you feel are not as good as you, but are doing better, you wonder why. The truth is often other practices are marketing themselves better than you are, and this is producing results.

• Play to your strengths. If marketing professionals tell you to “reinvent yourself” they are usually wrong. Work with what you have and improve it.

• Find the “champions” within your organisation. Some people are natural marketeers. Others are hopeless. Some are “big picture” people others are good at the detail. Do not expect everyone to be a natural marketeer.

• Keep your eyes open. There is nothing wrong with copying good ideas as long as it is not too blatant!

• Do not dismiss new media. Although many of us do not understand social media, it is likely to produce costeffective marketing solutions in the future.

• Get some outside help!

Hertfordshire Law Society is running a marketing seminar in the Autumn, specifically tailored for Practices who would like to increase profitability. We have joined forces with Law Society Consulting and a leading marketing consultant to the legal profession, Larry Cattle, will be presenting exclusively to Hertfordshire Law Society members. Further details to follow!

Richard Atkins President; Hertfordshire Law Society

The secret of marketing is that there is no secret. Like anything else when it comes down to it, marketing is quite simple. It is not a mystery but it requires time and effort to reap the benefits.

Nowadays, as lawyers, we can hopefully see that marketing does have it benefits. However few of us have huge marketing budgets and can afford in-house marketing professionals.

There is an old saying that only half the marketing spend works. The trick is knowing which half! I firmly believe that marketing can assist a practice in growing and, more importantly, increasing profitability. Growth for growth’s sake is no use whatsoever. We are here to make a profit!

Here are my top ten tips for marketing law firms (many of which I have learnt through painful experience!): • Do the research. Although it may seem tedious, you have to analyse strengths weaknesses opportunities and threats (SWOT) before you can move forward with marketing.

• Marketing has to be targeted. A scatter gun approach does not work.

• Do not be afraid to say “no” where opportunities are offered which don’t fit your profile.

• Do not try to be something you are not. Clients are not easily fooled and far less so potential clients.

• Do not ignore your existing client base. These are usually the “low hanging fruit” that are easiest to market to. It is far cheaper to sell more to existing clients than to find new clients to sell to.

http://www.hertslawsoc.org.uk/

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Editorial Featured Article

The Collaborative Law Process – an effective approach to dispute resolution Immediate Past President, Jeremy Chandler-Smith, is a Resolution qualified Collaborative Lawyer and Family Mediator.

Here he comments on the increasingly popular alternative to using the courts for resolving matrimonial and family disputes.

O

n the whole, there are only ways by which a dispute can be resolved: agreement or determination by a judge at trial.

Where a marriage has broken down, most couples are still able to agree on one thing; they do not want to end up in court.

There are various options available to couples to help them discuss and resolve issues. Whilst mediation has a high profile, to the extent that for certain applications to the Family Court, a party must attend a Mediation Information and Assessment Meeting (MIAM) at which they meet a mediator and discuss whether mediation is a suitable way forward, it is not a simple case of mediation or court; there are other options available to couples. One of the options is the Collaborative Law process.

Face-to-Face meetings Collaborative Law is an effective approach to dispute resolution. Each person appoints their own lawyer but instead of conducting negotiations through lawyers by letter or phone, the parties themselves meet, with their lawyers, to work things out face to face.

Each party has their lawyer by their side throughout the process and will benefit from legal advice as matters progress. The central aim of Collaborative Law is to resolve family disputes without going to court.

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The Participation Agreement Underpinning Collaborative Law is the “participation agreement” where the couple commit themselves to the process. The participation agreement sets out the basic rules of the Collaborative Law process. The participation agreement embodies the fundamental principle that both the couple themselves and their respective lawyers will act in good faith throughout the process.

As well as committing to a process based on mutual trust and respect, the parties declare that they will use their best efforts to resolves issues without recourse to the court and if either party commences court proceedings, both lawyers must cease to act and the parties must find new lawyers to act for them in court proceedings.

Having established the ground rules, the parties set out their objectives. Inevitably, differences will arise during negotiations and it is helpful to remind parties of their objectives, which are often shared.

Emphasis on Solving Problems The process of negotiation involves “4-way meetings” where the couple and their lawyers meet to discuss the issues. Having all the parties present in the meeting allows the couple to retain control of the process and work towards a solution that is best suited for their own unique circumstances.

before the next meeting is agreed.

The parties will “debrief” with their own lawyer, reviewing issues discussed as well as issues to be discussed at the next meeting.

The process is fairly streamlined as there are no letters to pass back and forth between the lawyers.

The process will involve as many meetings as is necessary to achieve agreement. Usually, this will involve about four meetings, but each relationship and family is different.

Streamlined Process to Approve Agreements Once an agreement is achieved, the lawyers draw it up into a document which is then sent to the court for judicial approval.

The courts are very supportive of the collaborative process and have provided a streamlined process to approve agreements.

Couples find that the process allows them to retain control of negotiations and deal with the issues with dignity. Where there are children this is particularly important as though the marriage may have ended, the family has not.

Rather than taking a confrontational approach, the emphasis is on solving problems. The lawyers work together to achieve this. Often other neutral experts are brought into the process to assist, such as an independent accountant or financial adviser.

Herts Collaborative Law All collaboratively trained lawyers join a local practice group. Here in Hertfordshire we have a dynamic and dedicated practice group. We meet up around once a month with collaboratively trained members of other professions to discuss practice issues. Meeting in this way helps lawyers and other professionals to work more effectively together on collaborative cases.

Notes are taken at each meeting and a list of actions to be taken

Our website can be found at www. hertsfamilylaw.co.uk

Hertfordshire Law Society Gazette

Featured Article

A British Bill of Rights

Elizabeth Wilson is a Trainee Solicitor at Taylor Walton LLP based in the firm’s Luton office. She is currently in her first year of training sitting in the Employment department, having previously completed a seat in the Corporate and Commercial department. In this article Elizabeth takes a look at the legal complexities of repealing and replacing the Human Rights Act.

F

ree from the constraints of a coalition government, it was no surprise that one of David Cameron’s first acts as Prime Minister was to task Michael Gove, the newly appointed Justice Secretary, with providing a draft British Bill of Rights within the first 100 days of his new government to replace the Human Rights Act 1998 (HRA). However, this timetable has subsequently been revised and Michael Gove now has much longer before he must present his draft bill.

The British Bill of Rights There is no doubt that the Conservative Party’s intention to replace the HRA has caused much debate since their promise to scrap the HRA in favour of a British Bill of Rights emerged in their 2010 Election Manifesto (and was repeated in their 2015 Manifesto). We have seen headlines ranging from “This British Bill of Rights could end the UK” (The Guardian 14th May 2015) to “A British Bill of Rights should be welcomed” (The Telegraph 3rd October 2014), but what changes to human rights laws are actually being proposed by the Conservatives and how will these be achieved in practice?

http://www.hertslawsoc.org.uk/

David Cameron does not seem to have made up his mind as to whether the UK will be withdrawing from the European Convention of Human Rights (Convention) or not. This route was suggested by the Conservative MP Chris Grayling in his 2014 report “Protecting Human Rights in the UK” and is supported by senior Conservative members, including Theresa May and Michael Gove. However, David Cameron appears to view leaving the Convention as a last resort, instead preferring a British Bill of Rights drafted with the objective of re-defining the UK’s relationship with the European Court of Human Rights (ECtHR) in Strasbourg.

Private Life versus Public Security One of the primary arguments put forward by the Conservatives for the repeal and replacement of the HRA is to make the UK’s Supreme Court the “ultimate arbiter” for human rights issues in the UK and to break the “formal link” with the ECtHR. The Conservatives claim that the ECtHR has expanded the remit of the Convention to increasingly interfere with domestic laws and that the ECtHR often fails to consider important factors in its application of the Convention. The key example used by the Conservative Party to show that the application of the Convention has become open to abuse is the inability of the UK government to deport foreign nationals, who have criminal or terrorist links, on the basis that it would breach their right to a private life under the Convention. The discretion given to the UK courts to determine if there will be a breach of such a foreign national’s human rights in this situation, has been undermined by Strasbourg, where greater emphasis is placed on the right to private life over other relevant factors, such as public security.

Strasbourg’s influence on Domestic Courts However, when looking at the legal relationship between the domestic courts and Strasbourg, the HRA only requires the domestic courts to “take into account” the jurisprudence of the

ECtHR, and rulings from the ECtHR are not binding on the UK courts. Although there are many cases where our courts have chosen to adopt the approach of Strasbourg, leading to the assertion that the ECtHR has too much influence over UK laws, there have been instances where our courts have declined to follow the ECtHR in favour of their own view. Perhaps the most well reported example of this is the Supreme Court’s refusal to allow prisoners the right to vote, despite clear direction from the ECtHR that a blanket ban on prisoners being allowed to vote is a violation of Article 3 of Protocol Number 1 of the Convention. It appears the UK judiciary are willing to assert their ability to refuse to follow ECtHR directions as and when they believe it is necessary.

Constraints of the Convention Even if the British Bill of Rights adopts wording to give our domestic courts greater scope to decline to follow ECtHR jurisprudence, the problem may still manifest itself. As the Conservatives do not currently intend to remove the UK from the Convention, even if the UK judiciary has greater scope to depart from Strasbourg decisions, it is likely the UK will be found to be in breach of the Convention if they do.

Unless the UK decides to remove itself from the Convention completely, even a British Bill of Rights cannot remove the government’s obligation to “abide by” adverse rulings from Strasbourg regarding UK cases. It raises the question as to whether there is any need to repeal and replace the HRA with the Conservatives’ core argument for a British Bill of Rights being significantly weakened.

In conclusion, it appears that the legal complexities of repealing and replacing the HRA have not been fully considered by the Conservative Party. As a result, it seems increasingly likely that a British Bill of Rights will not dramatically alter the legal position regarding human rights law -begging the question of whether it is a worthwhile exercise to undertake at all?

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Editorial Featured Article

Marathon Report Editor ’s Note: Below are 2 stories received by the Editor about Hertfordshire Law Society members’ personal achievements at the London Marathon 2015. Congratulations to all of you on your courage and your success

London was Buzzing The atmosphere was incredible – crowds cheering, jazz bands and drums playing, discos blaring out from pubs. One of the highlights was running over Tower Bridge and then on past the Tower of London.

The roads had been taken over by runners. When else could one experience Tower Bridge from the middle of the road? The crowd was deafening. Just after the Tower we headed towards the Isle of Dogs. On the other carriageway were the runners many miles ahead who had already been round the Isle of Dogs and were on their way back. I didn’t spot Paula Radcliffe so she must already have gone by.

All is well for 20 miles…

ate Carroll, Past President of Hertfordshire Law Society and Partner at Debenhams Ottaway, took part in, and completed her first London marathon in a very respectable time. Here she shares her experience of a very special day.

I enjoyed every minute of the first 20 miles of the race and my pace was good. But after 20 miles I was in unknown territory and the last few miles were tough. I was properly hydrated, but breakfast was at 6.10 a.m. and apart from the banana at the start, here I was at 2 p.m. having only had energy gels and a few jelly babies during the run. Missing lunch is not ideal when you are burning 500 calories an hour. But you can’t stop off for a sandwich half way round. What got me through the last 5 miles was the incredible crowd calling out “Go on Kate, you can do it” which was such a boost, and the thought of all the wonderful people who have made donations of over £4,500 for Arthritis Research UK. It was wonderful to see Buckingham Palace with only yards to go. I crossed the finish line in 4 hours 33 mins 47 secs, not quite as good as I had been hoping, but still fairly respectable for my first marathon. And I ran every step of the way.

In Anticipation of the Start

A Celebratory Cup of Tea

It was standing room only on the 7:05 train from St Albans.

More and more runners converged at London Bridge station, carrying official London Marathon red plastic kit bags. The drizzle stopped as I walked to the start area in Greenwich Park. After eating a banana, I handed over my kit bag which was put in a huge lorry to be driven to the finish. Then I joined the 20-minute queue for the loo where I met a lady from Colorado on her first visit to the UK to run the marathon raising money for The Donkey Sanctuary.

I was so glad I had decided to wear a long-sleeved running top under my bib and long leggings. Some people were in skimpy shorts and just a bib – they must have been freezing.

One of the runners in the starting pen had a portable karaoke kit, and was singing ‘Delilah’ and we all sang along. Before we knew it, the race had started, although we were many hundreds of yards back from the start line, and it took 15 minutes to reach the line.

It seemed very quiet beyond the finish line compared with all the razzmatazz on the route, but my kit bag was there waiting for me, a medal was put round my neck and I was given a goody bag including a finisher ’s t-shirt.

The organisation was excellent – a very slick operation.

K

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It was lovely to be able to change into dry clothes and have a cup of tea proudly displaying my medal which stayed round my neck for the rest of the day! We wended our way home, tired but buzzing with the experience of a lifetime.

The support of family, friends, colleagues, clients, and local business contacts has been tremendous. Thank you to everyone who has supported me. http://uk.virginmoneygiving.com/KateCarroll

Hertfordshire Law Society Gazette

Featured Article

P

aul Owen, Partner at Sumner & Tabor (a trading name of Machins Solicitors LLP) and trainee, Gavin O’Donovan, are proud members of the Marathon “sub 4 -hour” group.

Paul ran the Marathon for the third time in 3.37 (making it his 56th marathon or ultra-marathon to date). Gavin ran it in 3.47 – a brilliant achievement for a first marathon.

Paul explained he had been injured for the last two months before the Marathon and that his training had not gone particularly well. On the day, he was in the “Good For Age” pen, which meant that he was right down the very front, but had to run it slower than he would have liked because of his lack of fitness.

Paul goes on to comment, ”I would have liked to have been closer to three hours, but it wasn’t to be. Gavin had hoped to break 3.45 which he just missed but, in the end, he was just so glad to finish.”

He added, “The crowds were very vocal and they lined the streets all the way, which really did help when the head started to dip, and the legs got heavier!”

“The Medallion Men!” - Gavin O’Donovan (L) and Paul Owen (R)

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Note: Paul Owen is the author of “The Joy of Running: For Those Who Love to Run’’. He also runs a running group for the Hospice of St. Francis in Berkhamsted. For further information or a copy of the book, please contact Paul on paul.owen@sumtab.co.uk

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Editorial Featured Article

Dealing with Disengaged or Distracted Clients

Helen Midgley is a secondyear Trainee from Tees Law, currently completing a seat in the Family Department in their Bishop’s Stortford office. She is due to qualify into the Family team in September this year.

In this article she comments on some of the customary tasks assigned to a trainee, and offers suggestions on how to approach them.

M

anaging a client’s expectations is one of the very first lessons that a trainee or LPC student is taught.

It usually comes shortly after the one which instils a healthy fear of being disbarred – woe betide the solicitor who fare-dodges!

This lesson is tremendously valuable, and it is important to put it into practice from the very first client meeting; always ensuring that the client is advised of possible outcomes, the viability of their case, time estimates and costs.

And then later, keeping the client regularly informed of developments and options for the future. A client who knows the score is a happy client (or at least is a client who knows the score and, ideally, can’t complain about it later!).

“Chase that Client” However, dealing with the

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disengaged client is often the trainee’s assignment. It is a common trainee task to “chase that client”, the client whose instructions are either lacking, or out of date, or both. The trainee then has to perform the unenviable errand of leaving polite but pestering voicemails or sending emails asking clients to get back in touch, maintaining an appropriate level of deference while getting the urgency across.

Usually there is a reason if a client isn’t on top of their case, and it is not uncommon for a client not to be best pleased when they are contacted by the people they have employed to “get on with it”.

So the trainee has to strike a delicate balance between polite enquiry and harassing clients who don’t really want you to contact them.

Coping with Distracted Clients Worse still, is the client who is distracted when you have actually managed to arrange a meeting. Trainees must learn to deal with clients who decide to answer telephone

calls in meetings or who perhaps have several children accompanying them (who all need the toilet), or who just know all the answers and want to tell you themselves.

So, it can be useful to devise some coping mechanisms for these types of clients. Here are some suggestions: 1. Diarise, diarise, diarise – from the outset inform the client that you will be keeping them regularly updated and then do so. Being in contact by arrangement makes it easier to keep instructions up to date, and it establishes you as reliable and professional; 2. Use different mediums of communication. If your client is not responding to email, pick up the telephone (if this sounds obvious, that’s because it is!); 3. When you do finally get hold of the client, tell them that you have had trouble getting back in touch.

Ask them why: perhaps they’ve been on holiday but they may have been purposefully avoiding

communication. If you can find out which, perhaps you can avoid difficulties next time; 4. Always prepare a mini agenda before any client meeting or telephone call.

This can help you to keep a client focussed on what has to be achieved that day. If a client raises additional points, suggest that those be picked up at a later stage so you can keep to today’s plan; 5. Make a point of switching off your own mobile telephone as you start the meeting. If the client answers their own telephone in the meeting, politely remind them that the clock is ticking (and the meter running!) and that perhaps it would be better for them to deal with their call once your meeting is done.

These suggestions won’t prevent the disengaged or distracted client from being assigned to you as a trainee.

But they may help to make a difficult job easier, and to manage your client more effectively.

Hertfordshire Law Society Gazette

Editorial Advertorial

Retirement income breaking the habit of a lifetime P

ensions and retirement income are synonymous with one another.

The first thing most clients will think about when considering their income in retirement will be their pension. But with the new pension freedoms it isn't necessarily the first place they should turn to when deciding where to draw their retirement income from.

Pensions and retirement income are synonymous with one another. The first thing most clients will think about when considering their income in retirement will be their pension. But with the new pension freedoms it isn't necessarily the first place they should turn to when deciding where to draw their retirement income from.

The familiar scenario of using the pension to provide income needs and other savings earmarked for other purposes, perhaps as a future inheritance for the kids or as a rainy day fund, requires a rethink.

Tax efficient income It pays to make use of the available tax allowances when structuring retirement income. Up to £26,700 of income and capital gains can be taken tax free this year.

For a retired couple that's £53,400 a year without a penny in tax.

The personal income tax allowance increased to £10,600 from April. In addition, it is now possible to take a further £5,000 savings income tax free. Then, of course, there's the annual CGT exemption which stands at £11,100.

The order in which funds are withdrawn in retirement can have significant impact on the tax allowances available and ultimately how much tax is payable. For example, the £5,000 tax-free savings rate band is lost if income from pensions exceeds £15,600.

Providing a legacy This is where attention should turn to securing the greatest inheritable legacy for future generations. It may be a choice between withdrawing funds from an investment which is outside the IHT net and one on which would potentially attract a 40% tax charge on death.

Where to turn?

As a rule of thumb the order to withdraw funds will be the reverse order to the optimum way in which they are accumulated - last in first out. Using that philosophy means tax privileged savings are retained for the longest period and potentially preserves the greatest inheritance.

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1. Unit trusts/OEICs/Share Portfolios Using withdrawals from a unit trust/OEIC or share portfolio to meet retirement income needs will result in a capital gain rather than an income tax liability. If the gain can be managed within the £11,100 annual CGT allowance then withdrawals will be tax free.

2. ISAs Keeping savings in a tax friendly wrapper such as an ISA makes sense. So typically it will be worth withdrawing other taxed funds up to the available allowances before touching the ISA. NB. Those with excess income might want to consider investing in a portfolio of qualifying AIM (Alternative Investment Market) listed stocks in order to remove their ISA portfolio from their taxable estate for IHT 3. Pensions The new pension freedoms have turned conventional retirement income planning on its head. No longer should pension savings be the first thing clients turn to provide their income in retirement. Any clients with other savings in addition to their pension may be advised to withdraw income from other sources first and leave their pension until last.

The funds within the pension enjoy the same tax free gross roll up as the ISA. But, unlike other investments, pension savings are generally free of IHT. And the new death benefit rules provide greater choice on who and how pension wealth can be inherited.

The taxation of pension death benefits has changed for the better too. If a client dies pre 75 their pension can be passed on tax free. Post 75 their beneficiary will be able to draw an income which will be taxed at their marginal rate.

Summary Having a range of different investment wrappers will increase the scope to utilise the tax free allowances. But that doesn't necessarily mean spreading savings across wrappers is always the right thing to do. Pensions now enjoy such a privileged tax status that they should now be the first choice for life savings and the thing to keep hold of longest in retirement.

Philip Bailey Provisio Chartered Financial Planners The Nexus Building, Broadway, Letchworth Garden City, Herts SG6 3TA Tel 01462 687 337 Email pbailey@provisio.co.uk Provisio Chartered Financial Planners is a trading style of Provisio Limited. Provisio Limited is authorised and regulated by the FCA

Hertfordshire Law Society Gazette

Editorial Advertorial

Guideline Hourly Rates

I s a i d a t t h a t t i m e t h a t I p ro p o s e d t o h o l d discussions with the Law Society and the G o v e r n m e n t . I h a v e d o n e s o , a n d I h a v e re c e i v e d a d e t a i l e d w r i t t e n re s p o n s e f ro m t h e L a w S o c i e t y.

T h e s e d i s c u s s i o n s a n d t h i s c o r re s p o n d e n c e h a v e not made any material change to the position I was p l a c e d i n l a s t J u l y – t h e re i s n o f u n d i n g a v a i l a b l e f ro m a n y s o u rc e f o r u n d e r t a k i n g t h e s o r t o f i n depth survey which the Civil Justice Council’s Costs Committee and its expert advisers consider i s re q u i re d t o p ro d u c e a n a d e q u a t e e v i d e n c e b a s e .

T h i s e x e rc i s e i s n o t h a p p e n i n g i n a v a c u u m , a n d I a m c o n s c i o u s o f a n u m b e r o f t re n d s i n t h e l e g a l s e r v i c e s m a r k e t a n d o t h e r f a c t o r s t h a t a re re n d e r i n g G H R s l e s s a n d l e s s re l e v a n t . T h e y i n c l u d e , b u t a re n o t re s t r i c t e d t o : • a d v a n c e s i n t e c h n o l o g y a n d b u s i n e s s p r a c t i c e s and models; • t h e e v e r- i n c re a s i n g s u b - s p e c i a l i z a t i o n o f t h e l a w w h i c h i s s e e i n g t h e m a r k e t i n c re a s i n g l y d i c t a t e rat es i n so me f i el ds (p a r t i c u l a r l y co m m e rci a l law ); • t h e j u d i c i a r y ’ s u s e o f p ro p o r t i o n a l i t y a s a driving principle in assessing costs; • the greater adoption of (and familiarity with) c osts budgeting amongst the judiciary and practitioners alike.

N o t l e a s t , I h o p e , o f s u c h f a c t o r s , i s a t re n d t o w a rd s t h e g re a t e r u s e o f f i x e d c o s t s i n l i t i g a t i o n .

I have long advocated their wider application, and w i l l c o n t i n u e t o p re s s t h i s p o i n t t o M i n i s t e r s a n d others in the hope that this important element of t h e J a c k s o n re f o r m s i s i m p l e m e n t e d .

L e s s re l e v a n c e i s n o t t h e s a m e a s n o re l e v a n c e , a n d I a m c o n s c i o u s t h a t t h e re a re s t i l l m a n y u s e s t o w h i c h G H R s a re p u t . T h e y re m a i n a n i n t e g r a l

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I a m n o t t h e re f o re s u g g e s t i n g t h a t t h e e x i s t i n g G H R s n o l o n g e r a p p l y.

T h e e x i s t i n g r a t e s w i l l t h e re f o re re m a i n i n f o rc e f o r t h e f o re s e e a b l e f u t u re , a n d w i l l re m a i n a component in the assessment of costs, along with t h e a p p l i c a t i o n b y t h e j u d i c i a r y o f p ro p o r t i o n a l i t y and costs management.

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

PERSONAL INJURY • CLINICAL NEGLIGENCE • DEFAMATION

Leading the field in costs recovery Bills of Costs Points of Dispute Replies to Points of Dispute Costs Pleadings Costs Management (Precedent H) Advocacy CMCs In House Service when Required

www.law-lords.co.uk LONDON 9 Devonshire Square, London EC2M 4YF T: 020 3714 1915 F: 020 3714 1934 E: info@law-lords.co.uk DX: 130991 CDE

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

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

CONTRACTUAL DISPUTES • DELIVERY UP OF GOODS • SHAREHOLDER ACTIONS

T h e re i s a l s o c o n s i d e r a b l e d o u b t t h a t e v e n i f s u c h f u n d s w e re f o r t h c o m i n g t h e re w o u l d b e s u ff i c i e n t n u m b e r s o f f i r m s w i l l i n g t o p a r t i c i p a t e a n d p ro v i d e t h e l e v e l o f d e t a i l e d d a t a re q u i re d t o e n a b l e t h e C o m m i t t e e ( a n d i n t u r n m y s e l f ) t o p ro d u c e a c c u r a t e a n d re a s o n a b l e G H R s .

p a r t o f t h e p ro c e s s o f j u d g e s m a k i n g s u m m a r y a s s e s s m e n t s o f c o s t s i n p ro c e e d i n g s . T h e y a l s o f o r m a p a r t , e v e n i f o n l y a s t a r t i n g re f e re n c e p o i n t , i n t h e p re p a r a t i o n o f d e t a i l e d a s s e s s m e n t s . T h e y a l s o p ro v i d e a y a rd s t i c k f o r c o m p a r i s o n p u r p o s e s in costs budgeting. I know that for some smaller p r a c t i c e s G H R a l s o o ff e r a r a t e t o b a s e p r a c t i c e c h a rg e s o n , a n d t o d e m o n s t r a t e t o c l i e n t s a n a t i o n a l benchmark.

ADMIRALTY & MARINE • SPORTS • BANKING • PROBATE • CONSTRUCTION

I

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

JUDICIAL REVIEW • AGRICULTURAL • ARBITRATION

Hertfordshire Law Society Gazette

Advertorial

FLOOD RE: Who, What, When, Where, Why? Marketing leading conveyancing search provider PSG asks Philip Wilbourn, Director of Future Climate Info to explain the Flood Re Scheme.

What is Flood Re? Following the Water Act 2014, the Government have announced their plans to introduce Flood Re, which was expected to roll out in July 2015 but the election has got in the way and the regulations won’t be laid before Parliament before September/October. That assumes of course no further political interference.

Flood Re is a not-for-profit financial scheme designed to ensure that affordable flood insurance is available for home owners in the most seriously affected areas. It is owned and managed by the insurance industry and has been created to protect against large scale losses.

It is being rolled out in 2 stages with a year long trial prior to full implementation in 2016.

What does Flood Re change for the consumer?

The process of obtaining flood insurance through standard home insurance policies will not change for consumers, as Flood Re is an internal protection measure for the insurers. The introduction of Flood Re could actually make insurance premiums more competitive as insurers will be able to pass the flood component of the policy to Flood Re. If a consumer needed to claim on their insurance policy, they would deal with the insurer in the normal way, Flood Re would simply sit behind the policy.

Where does the funding come from?

To fund this, there is an initial £10 million investment that the insurance industry is financially supporting. Going forward the Flood Re investment pool will have two sources of income: The first source will come from the existing flood component of the home insurance policy, and premiums will be capped based on Council Tax bands.

The second is that all home insurance premiums will carry a 2.2% levy (which equates to a national average of approximately £10.50 per policy).

Contrary to recent reports, the Association of British Insurers have explained that “this will not lead to an ‘extra £10.50’ on customer bills; customers already pay the equivalent amount to cross-subsidise high flood risk already. The levy will simply formalise this arrangement.”

Together, it is hoped that this will create a contingency fund of £180m a year, which will contribute to the clean-up operations from future floods. However the floods of 2007 (that affected South Yorkshire and Humberside) cost the insurance industry £3bn to clean up; which highlights that this is only a transitional relief from much higher insurance premiums in the future for all homeowners.

If a property has suffered flood damage in the past, or if the property is within an identified flood risk area, it can sometimes be difficult to find insurance cover.

Flood Re ensures domestic properties within the UK that are in ‘high risk’ areas have access to affordable insurance policies. It is not yet clear whether the “three strikes and you are out” policy of Flood Re will be applied however However, Flood Re is not a lifetime guarantee of affordable insurance

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and homeowners will have to protect themselves against flooding in the future. This is why obtaining a Flood Protection Report by a Chartered Building Surveyor is so important. If insurance becomes unaffordable the value of the home is at risk. The Government Minister Lord de Mauley stated: “We want households to become more aware of their risk. Therefore allowing them to make informed decisions and providing incentive for investment in flood defences and resilience at both the community and individual level. Adjustments in house prices whilst insurance premiums will be a necessary part of this transition. We believe that 25 years is a reasonable period of time in which to manage a gradual transition for those affected personally.”

The Flood Re approach raises other questions such as: How do valuers properly appraise residential assets where the guarantee of flood insurance cover is a shrinking asset? And if a homeowner typically takes a 25 year mortgage but there is only 15 years left on Flood Re, what then?

What properties are excluded?

Flood Re does not apply to commercial property; neither does it apply to leasehold properties which may include blocks of flats. Although it is mooted that where there are less than 3 flats in a converted house that this will fall inside Flood Re. It doesn't apply to small and medium sized enterprises nor does it apply to properties above Council Tax Banding H, or the private rented sector which is becoming the tenure of choice for many people.

All these exclusions make some of our prime assets vulnerable to capital swaps because of the issues and challenges raised by Basel III where the banks have to take a high level view of their capital adequacy.

Are your clients at risk?

According to the Environment Agency, there are approximately 5.2 million properties in the UK at risk from flooding or more simply, 1 in 6 homes. Latest guidance for the Law Society states that during a conveyancing transaction you should discuss the risk of flood with your clients and where appropriate make further investigations.

PSG have a wide range of environmental and flood reports to support you in your best practice due diligence and ensure your clients are aware of any potential risk.

For more information and to find your local PSG office Email nickwild@propertysearchgroup.co.uk Visit www.psgconnect.co.uk/hertfordshireandbedfordshire or Telephone 01707 386101 About Philip Wilbourn Philip Wilbourn is Director of Future Climate Info and provides the Professional Opinion on FCI’s suite of Environmental Reports, which reports on Contaminated Land, Flood, Ground Stability and Energy & Infrastructure.

Philip has also completed a guide for consumers and small businesses which was launched in October 2010 in the company of H.R.H Duke of Gloucester entitled “A clear guide to Flooding.....For property owners” In March 2012 Philip Chaired the Flooding Conference at RICS designed as an important contribution to an issue that affects all stakeholders in property. In 2014 Philip has contributed evidence to the debate on the Water Bill and the impacts on real estate values.

As a result he has featured in the media notably in The Guardian and The Times as well as appearing on Sky News. Latterly he contributed significantly to the edition of Week In Week Out entitled “Seaside Retreat” broadcast by BBC Wales on 28th October 2014.

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Editorial Advertorial

Drainage and Water

are you getting the full picture?

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

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

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

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

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

Can your clients afford the cost, time and disruption to deal with drainage and water issues. Personal Searches do not tend to include answers to all 23 of The Law Society questions, and instead offer insurance to cover unanswered questions.

As issues only tend to come to light once

the buyer has moved in, the new owner then has all the difficulties of dealing with the problem retrospectively.

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

What’s the risk?

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

Would you want an overflowing septic tank in your garden?

A Personal Drainage and Water search was ordered in place of a CON29DW and this search indicated that the property was connected to the public sewer. In reality, there was no sewer connection and sewage drained into an old septic tank. This was only discovered when the tank backed up causing nasty leakage into the homeowner’s garden! Resolving

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

At Geodesys we had a similar situation where the CON29DW had indicated a connection, where none actually existed. The home owner had the same issue when waste from the septic tank flooded his landscaped garden but, in this case, Geodesys arranged and paid for connection to the public sewer, as well as for removal of the old tank and waste.

Call in the Geodesys experts!

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

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

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

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

For more information contact Lauren Lieser, Geodesys Client Account Executive on 07885135314 or lauren.lieser@geodesys.com and start getting the full picture! www.geodesys.com/con29dw

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Hertfordshire Law Society Gazette

Editorial Featured Article

E

T

he introduction of fees to bring claims in the Employment Tribunal 18 months ago, coupled with

Some comme

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Hertfordshire Law Society Gazette

Advertorial

The Open Spaces Society objecting if we believe the change is against the public interest. This means that we may need to appear at public inquiries and hearings. We cannot afford legal representation so we make use of our in-house expertise from staff and volunteers with long experience.

Photo: Ian Rowat

T

his year is the 150th anniversary of the Open Spaces Society.

Founded in 1865 as the Commons Preservation Society it is Britain’s oldest national conservation body. In its early years it saved many commons and other open spaces in and around London: Hampstead Heath, Epping Forest and Wimbledon Common for example. Then it extended its remit to the whole of England and Wales and embraced open spaces and public paths too.

The splendid county of Worcestershire is rich in open land, and it is thanks to the Open Spaces Society that so many of its commons and green spaces are still unspoilt and available for public enjoyment. The society helped to stop enclosures on the Malvern Hills and to secure the Malvern Hills Act 1884 which protects this magnificent range from encroachment and gives the public rights to enjoy it.

In the 1990s we helped to defeat a massive path-reorganisation scheme at Ombersley, which would have shifted more than 100 footpaths and bridleways to inferior routes. It was a 15-year campaign culminating in a public inquiry, involving the society in much time and effort—but it was an important victory, for if it had gone ahead it would have encouraged landowners throughout Britain to devise similar schemes detrimental to the public interest.

The society’s local representatives defend the public-path network and we advise our members in protecting commons, green spaces and paths, taking up hundreds of cases each year. We lobby parliament for better, tougher laws.

We have no public funding; we depend on legacies and donations to support our vital work.

Web: www.oss.org.uk Tel: 01491 573 535 Email: hq@oss.org.uk Registered in England and Wales, limited company 7846516 Charity no 1144840

In 1895 the society’s founders created the National Trust as a landholding body. The society then established local committees who raised money to buy threatened properties for the Trust. An example is Poor’s Acre, near Woolhope in Herefordshire, which the society bought for the Trust in 1931.

Today the society still champions common land: as a statutory consultee it scrutinises every application for works there. Commons are important to their local communities and it is vital that the society examines all the applications for works. These can be particularly contentious where land managers propose to fence commons so as to introduce grazing, such as at Hartlebury Common, Stourport, and it is important that they recognise the public’s interest. Consequently the society published guidance to land managers, Finding Common Ground, on how to ensure that they take account of all those with a stake in the common before they proceed with plans which might alter its appearance or ecology.

We also help communities to protect their green spaces, by registering them as town or village greens. In Worcestershire we have helped communities to register village greens at Chawson, Droitwich Spa and Austin Rise, Lickey Hills among others. This gives local people the right of recreation there and protects the land from development.

It is more difficult to claim land as a green now that the Growth and Infrastructure Act has been passed, outlawing the registration of greens where land is threatened with development. So we are promoting an alternative means of protecting land, by applying for its designation as Local Green Space in the local or neighbourhood plan. The society is also notified of all proposed changes to public paths in Worcestershire and we study them carefully,

http://www.hertslawsoc.org.uk/

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Advertorial

Matt Lancaster appointed Chair of Legal Software Suppliers Association (LSSA) At last week’s AGM Roger Hancock retired as Chief Executive of the LSSA. Hancock had held this role for over 19 years and was presented with a leaving gift from the membership. Glyn Morris steps into the role of Chief Executive.

The LSSA is responsible for setting and maintaining professional standards within the legal software industry, and also manages areas of mutual interest between lawyers and software providers. The LSSA also has links with a number of legislative bodies – including the Land Registry, HMRC, The Law Society, the Court Service and the LAA – and is committed to developing clear channels of communication so that law firms can gain the maximum benefit from their selected software solutions.

About the Legal Software Suppliers Association (LSSA) The Legal Software Suppliers Association (LSSA) is the UK industry body for legal systems developers and vendors. Representing most of the leading UK suppliers, the LSSA sets and maintains professional standards within the legal software industry, and also manages areas of mutual interest between lawyers and software providers. The LSSA is committed to developing clear channels of communication, so that law firms can gain the maximum benefit from their selected software solutions.

M

att Lancaster, Sales and Marketing Director of Osprey Legal Cloud has been appointed as the new Chairman of the Legal Software Suppliers Association (LSSA), the UK industry body for legal systems developers and vendors.

Lancaster takes over from Glyn Morris.

"The LSSA’s collective clients form the majority of law firms in the UK. My vision is to passionately promote the LSSA as a leading representative body and to address issues that affect the legal software industry." comments Matt Lancaster, incoming LSSA Chairman.

I would like to thank Glyn Morris, as outgoing Chairman for his fantastic work over the past year. I would also like to thank “Mr LSSA” Roger Hancock for his 19 years of service as Chief Executive during which he has shaped and guided the organisation superbly. We all wish him well in his retirement."

Dominic Cullis of Easy Convey Ltd takes up the role as Vice Chair. Phil Snee of Linetime Ltd continues as Treasurer and Patrick Carmody of Perfect Software Ltd as Chair of the Membership Committee. Steve Dixon of Select Software will now chair the Disciplinary committee.

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The LSSA provides a highly representative and unified voice for the legal software industry and is therefore best placed to provide a strong focus in establishing standards and cooperation between suppliers, professional bodies, and government organisations. The Association has set up and actively contributes to a number of different working parties and forums, representing and lobbying on behalf of its members with HM Land Registry, HMRC, Court Service and the LAA. www.lssa.co.uk

Professional communications for professionals www.epc.gb.com

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Editorial Reviews

Book Reviews

by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

the Child Poverty Action Group (CPAG) has established with their ‘handbook’ series of advice manuals.

Benefits for Migrants Handbook 6th edition

By Rebecca Walker, Timothy Lawrence and Michael Spencer Child Poverty Action Group ISBN: 978 1 90607 667 2 www.cpag.org.uk An important “Hands On” advice handbook for migrants from the Child Poverty Action Group (CPAG) Now in a 6th edition These three experienced authors, Rebecca Walker, Timothy Lawrence and Michael Spencer, have fully revised and expanded this excellent handbook for its sixth edition.

As they say, it is the essential guide for European Economic Area nationals, asylum seekers and refugees, families with different immigration statuses, British citizens returning from abroad and other migrants who need to “navigate the complexity of the immigration and benefit rules” in what is an emotionally charged climate here in the United Kingdom at present.

The three authors have restructured the book making it easier to use, and they continue the fine record which

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This title, like others covering all aspects of what are ‘difficult’ areas of welfare law has become well established and highly regarded. It makes a major and certainly vital contribution to the aims of the CPAG, which exists to ‘promotes action for the prevention and relief of poverty among children and families with children.’

Do read the introductory chapter which sets out how to use the book by checking the rules which may affect you and finding out about the relevant law. The biggest single problem both for readers looking for advice and for advisers is that the law determining benefit entitlement for migrants is both complex and frequently changing: a problem now covering many other areas as well.

Produced and updated by this team of experts from CPAG in these ever changing and complex areas of law, this particular handbook has become the standard text for any professional adviser.

It sets out a systematic approach to the rules which are ridiculously complicated and bureaucratic (as always).

It is time for rules to be made simpler but we fear that is a long way off yet.

It is to be hoped that one day some simple, straightforward sets of rules can be devised which everyone can understand with ease: we have the ability available with the clarity of judgements which

many senior judges regularly produce in the judgements… it is just a pity that the drafted rules we have are so difficult to understand. So we are a long way off this ideal concept but CPAG’s handbooks go a long way towards the helpful approach needed to understand these difficult and worrying rules. Do follow the 7 steps which are set out in chapter one which we feel are of great assistance.

The final word of thanks goes to Walker, Lawrence and Spencer for producing a readable handbook which is authoritative and of immense practical use to advisers when confronted with all the usual suspects: delays; the need to provide evidence; and problems with the enforcement of rights.

It also offers tactics in an easy to read format and the seven appendices contain a massive amount of useful detail without which any application being made faces serious obstruction. So, thank you, CPAG, for maintaining these high level advice manuals for the vulnerable.

The law is as stated on 1st June 2014.

Blueprints: Constitutional and Administrative Law Your plan for learning

By Chris Monaghan Pearson Education Limited Always Learning ISBN: 978 1 44790 497 7 (print) 978 1 44790 498 4 (PDF) 978 1 29201 513 2 (eText) www.pearson.com

A brilliant modern approach to the study of Constitutional and Administrative Law for 21st century lawyers Any course of study on constitutional and administrative law can be easy or hard depending on whether you like the subject and understand the British political and legal systems.

Teaching the subject has often caused some problems for both tutor and studentmainly from those overseas learners who may not be as familiar with our system in the United Kingdom which can seem strange to those in other jurisdictions.

So, to the rescue comes Pearson’s “Blueprints” series and author Chris Monaghan has brought together an excellent learning programme in four parts covering the following: constitutional fundamentals; government institutions and the prerogative; human rights; and, finally, administrative law. The sub-heading for these “Blueprints” is explained as “your plan for learning” and that is exactly what you get!

The Pearson mission is “to help people make more of their lives through learning” and the way they achieve this aim is to combine innovative learning technology with trusted content and

Hertfordshire Law Society Gazette

Reviews

educational expertise. The end product is what they describe as providing “engaging and effective learning experiences that serve people wherever and whenever they are learning” so the titles are excellent in particular for the distance learner.

Pearson Education provides both digital learning tools and testing programmes with their curriculum materials which offers a fresh introduction to this substantive law area.

For those new to the “Blueprints” guides, they are visually designed to assist the acquisition of information giving answers to the mostasked questions including: what is the law and how is it applied; what problems does the law attempt to solve; what do we think about the law; how has the law become this way; what factors are shaping the law today; what do we need to know if we want to understand the subject; where do different points of the law overlap; and where can we find further information about a topic?

The answer to these and other questions are set out clearly in the book which is a boon to the modern law student seeking to build a solid understanding of constitutional and administrative law.

As Chris Monaghan says in his introduction, this area of law is often viewed with apprehension by learners but it is not a prerequisite to have expertise in history, politics and comparative constitutions. The beauty of this book is that you can find all you need as an undergraduate with the useful contemporary examples illustrating what

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you may see on the news, or read in newspapers.

As Monaghan says, it is an exciting time to study constitutional and administrative law with all the changes which are taking place in 2014 and 2015. The three key features of Britain’s constitution are brilliantly explored and brought alive by the author: Parliamentary Sovereignty; the rule of law; and the separation of powers.

Whilst this book is only introductory for what is a vast study area, Chris Monaghan fills the gaps which the learner may have with the study programme: the “Blueprint” series create the indispensable building blocks of the subject to give you, the reader, how each area of the law fits together in the big picture which is the English legal and constitutional system today.

Email, Social Media and the Internet at work A concise guide to compliance with the law 7th edition

By Stephen Mason PP Publishing ISBN: 978 1 85811 723 2 Ebook ISBN: 978 1 85811 724 9 www.peerpractice.co.uk A practical explanation for communicating in the virtual

world: now in a new edition.

Barrister Stephen Mason is probably well-known to many readers for his excellent statements on “electronic evidence” and “electronic signatures in law” which have added greatly to our understanding of how the virtual world operates legally.

We feel that this updated work entitled “Email, Social Media and the Internet at Work” is of such current importance that no firm or set of chambers should be without it. The changes to the issues relating to the use of the computer in the world of work are of profound significance half-way into the second decade of the 21st century.

All readers will know of the massive shift in the way we do our business today.

By necessity that has created a new area of “virtual world law” if we can call it that because of the obligations and responsibilities we all now have to face up to in order to comply with the law… if we actually know what it is!

As Mason says, the content of this work is “deliberately general in nature” because his aim is to make this developing area of law and precedent understandable to those “setting up a policy, policing it, or defending themselves”.

Of considerable interest are the problems which have occurred very recently with use of the computer in the workplace. One fundamental example quoted will be of universal importance to both ‘managers’ and ‘workers’ if we can use such outdated

terms in the computer age and it is this leading statement: “Some people do not adjust their behaviour when using such technologies, causing themselves, their friends and families, and their employers’ embarrassment.

Others use the technology to steal, commit fraud, bully and continue with unpleasant and illegal activities- and do so when using the corporate infrastructure”.

What Mason does here is to answer these questions as fully as possible and give both guidance and support to those who are, frankly, both bemused and possibly terrified about some of the implications of “virtual world law”.

There are pragmatic step by step points and policies throughout the 12 chapters to provide assistance to those who have to confront this “minefield” as we traverse social media and its effect on our business and personal lives. The practical tips and case law are also well explained and helpful.

This book is a necessary purchase for any business library in your firm or set of chambers because there will be no retreat from the expansion of the virtual world in the coming years as a new generation of workers and managers come to grips with the way people connect with each other in the early 21st century.

Thank you, Stephen Mason and Peer Practice Publishing for a massive piece of assistance to what is so confusing to so many people.

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