HLS Gazette Issue 38 - online version

issue 38 Spring 2018

Hertfordshire Law Society Gazette

Annual Dinner 2018 Back to Hatfield House!

Details on page 12

Also this issue: • Largest ever survey on gender equality in legal profession • Disclosure Reform: Farewell to Standard Disclosure • Lawyers bake for charity in the Great Legal Bake and much more...

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Contents

Hertfordshire Law Society Gazette

Contents issue 38 Spring 2018

4

Council Members for 2018

12

5

From the President

13 Arbitration

6

'It's all alright, except overnight"

14

8

Gender equality in the Legal Profession

16

9

Graham Spittle - 'Mr HLS'

10

Disclosure Reform

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

Annual Dinner Notice

19

Sexting in Schools

23

GDPR and your copier

The Great Legal Bake

24

UFAW Charity

Domestic Abuse Seminar

26

Dormant Account Refunds

17

Merchant Taylors' School

28

Appropriate Homecare Services

18

Fundamental Dishonesty

30

Achieving growth through efficiencies

Advertising Simon Castell

Design East Park Studio

Published: Spring 2018

Managing Editor Jeremy Chandler-Smith

Accounts Tony Kay

Legal Notice Š East Park Communications Ltd. None of the editorial or photographs may be reproduced without prior written

permission from the publishers. East Park Communications Ltd would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of East Park Communications Ltd. Correct at time of going to press.

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 2018 President Attia Hussain Crane & Staples (Welwyn Garden City) Family Vice President Judith Gower Hertfordshire County Council (Hertford) Local Government Hon Secretary and Treasurer Claire Sharp Debenhams Ottaway (St Albans) Private Client Immediate Past President Stephen Halloran Lawtons Solicitors (Hatfield) Crime

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Members

Robert Bedford Machins Solicitors LLP (Luton) Employment Nicholas Belcher Nockolds Solicitors Limited (Bishop's Stortford) Agricultural and Liquor & Gaming Licensing Marilyn Bell SA Law (St Albans) Family David Bird Crane & Staples (Welwyn Garden City) Private Client & Trusts

Penny Carey University of Hertfordshire (Hatfield) Academic Jeremy Chandler-Smith JCS Solicitors (Codicote) Sole Practitioner Steven Hamilton Taylor Walton LLP (Harpenden) Private Client

(From January 2018 until 31 December 2018) The Law Society Relationship Manager – East

Neil Johnson HRJ Foreman Laws (Hitchin) Civil Litigation

Jack Dunkley

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

Parliamentary Liaison Officer Judith Gower

Amanda Thurston Curwens (Hoddesdon) Family

National Council Member

Paul Davies Hamilton Davies (Stevenage) Employment, Family and Litigation

Hertfordshire Law Society Gazette

Editorial

From the President...

The Hertfordshire Law Society will be organising training events across different areas of practice including conveyancing over the next few months for our members. I take this opportunity to thank Nick Wild of Property Search Group, who is offering four training events this year, which will be without charge for our members.

The Hertfordshire Local Family Justice Board met on 21 February 2018 at the Watford Family Court, the meeting was well attended. The panel agreed the Hertfordshire LFJB should have its own annual training day with a specific topic and invite a variety of speakers for the day. A working group to organise this event is to meet and details of the event will be circulated to our members when available. I thank Amanda Thurston for agreeing to assist in the organisation of this on behalf of the Hertfordshire Law Society.

Members will also find within this edition details from District Judge Mellanby of the Bedfordshire LFJB training day taking place on 7 June 2018, covering domestic abuse legal changes and challenges.

For those wishing to attend the next Court User Group meeting in Hertfordshire, this is to be held at the Watford Family Court on 17 April 2018 at 4.30pm. The previous Court User meeting had a large turnout, and the judiciary welcome feedback as to any other issues that local practitioner’s wish to raise, either in advance or on the day.

I am pleased to report that the Hertfordshire Law Society will be hosting its Annual Dinner on Thursday 7 June 2018 at Hatfield House. Booking details for the event will follow, and the Council looks forward to meeting as many members as possible at the event which is a highlight in the Hertfordshire legal social calendar.

Whilst writing, the Hertfordshire Law Society does wish encourage members to consider whether they could serve in some capacity on the Council, if you are interested please do make contact.

Attia Hussain President, Hertfordshire Law Society

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• Fraud, including evasion of VAT and Excise Duty

• Directors misfeasance & disqualifications • Wrongful and fraudulent trading

• MTIC, advance fee and boiler room • Partnership and directors disputes • False accounting and money laundering • Business valuations • Charity, PAYE fraud and tax cheat • Mortgage fraud • Drug offences • Proceeds of Crime Act (POCA)

• Preparation of detailed reports which clearly set out the issues and conclusions • Assistance at Court including Expert to Expert consultation and giving evidence • Appointment as joint expert

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Editorial Notice

‘It’s alright, except overnight’ – reflections from the High Court Bench, Family Division The Family Justice Board’s Family Forum will be hosting Sir David Bodey, a recently retired Judge of the High Court, Family Division who will speak about his two decades in the Family Division. The event will be held at the University of Hertfordshire, Hatfield on 21st May from 6.30-8.00pm.

For those who do not know Sir David, he was, until very recently a Director of the Judicial College, which runs training and refresher courses for the judiciary.

It promises to be varied, informative and amusing evening.

Members who are interested in attending can contact Geraldine Poulain of the University of Hertfordshire, G.Poulain@herts. ac.uk and booking details will be sent out to them.

Geraldine Poulain Lecturer University of Hertfordshire

SAVE THE DATE: 7th June 2018

DOMESTIC ABUSE – CHANGES AND CHALLENGES TRAINING EVENT Venue: Crescent Hall – TBC Cost: £20 per person Further details and booking forms will be available April 2018

Editorial Expert Witness

Mr Sameer Singh MBBS BSc FRCS Consultant Orthopaedic Surgeon

Expert Profile: R.G. Wagstaff BSc, DipPhys, Cert Comp Math (Open), LCGI, MITAI and Hertfordshire Police before finally serving prior to retirement on the triforce collaborated unit for Bedfordshire, Cambridgeshire and Hertfordshire.

B

ob Wagstaff is the managing director of this company. He was a time served Engineering Technician prior to joining the Police Service, he has served for 30 years in Bedfordshire Police with the last 23 years as an expert in the field of collision investigation. During his service within the Police he has investigated many fatal, serious injury and life changing events, including a number of murder investigations and ‘Cash for Crash’ jobs the most notable being “Operation Exhort” a £3.24 million fraud case.

Since 2015, following retirement from the Police Service, he has remained active in the field of collision investigation working as a consultant Bob Wagstaff was the Senior Collision Investigator for Bedfordshire Police and for the Collaborated unit of Bedfordshire

Bob has been commended by the Chief Constable on a number of occasions for his work in the field and most recently commended in open court by the Deputy Coroner, Mr Oldham for his services to the Coroner’s and to the county of Bedfordshire in the role of Collision Investigator.

He has continued to develop his skills maintaining a portfolio for Continued Professional Development (CPD) and was registered with Council for Registered Forensic Practitioners (CRFP) in the specialist discipline of Road Transport (Collision Investigation and Vehicle Examination).

Bob Wagstaff is currently the External Examiner for De Montfort University overseeing the UCPD, Cert HE and the FdSc courses in Collision Investigation.

Bob Wagstaff has written and verified approximately 850 reports in his career and has given evidence on a number of occasions at Magistrates / Crown Court, and has presented evidence on numerous occasions at a number of different Coroners courts.

Tel: 01525 864 852 or 07917 208 308 Email: bob@wagstaffforeniscs.co.uk 9 Sharp Close, Maulden, Bedforshire, MK45 2BZ, United Kingdom

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Mr Sameer Singh is an experienced expert witness in personal injury and medical negligence cases relating to his specialist areas of expertise. These include: • All aspects of trauma soft tissue and bone injuries • Sports Injuries • Upper and Lower Limb Disorders and Injuries • Whiplash Injuries His practice concentrates on shoulder, elbow and hand disorders, using techniques that are tailored to patient needs and utilising accelerated rehabilitation techniques to promote faster recovery and reduced time off work.

Mr Singh completes over 200 medico legal reports per year and offers an efficient turnaround within 10 days from receipt of all relevant documentation. He can take instructions for cases on behalf of either claimant or defendant.

Clients can be seen in clinic locations in Bedford and Milton Keynes.

T: 01908 305127 M: 07968 013 803 • www.orthopaedicexpertwitness.net E: orthopaedicexpert@gmail.com • www.shoulderelbowhand.org

Hertfordshire Law Society Gazette

Editorial Featured Article

Largest ever survey on gender equality in legal profession T

he largest international survey of women in the law has been released by the Law Society of England and Wales, shedding light on the road to gender equality in the legal profession.

“People working in law across the world have spoken out about the challenges the profession faces in achieving gender equality,” said Law Society vice president Christina Blacklaws.

- Current resistance to flexible working practices (41%) • 91% of respondents said flexible working is critical to improving diversity - 52% work in an organisation where flexible working is in place • 60% are aware of gender pay gap in their place of work - Only 16% see visible steps taken to address gender pay gap

Christina Blacklaws concluded: “With our women in leadership programme, the Law Society is committed to giving women and men in law the tools to make positive changes towards gender equality.

“Every law firm, lawyer and client will benefit from greater equality in our places of work. I believe the justice system will also be stronger if the legal professions better reflects the values we uphold.”

“I am a passionate believer in equality. Where there is inequality, I will not flinch from tackling it. I know I’m not alone in this justice, fairness and the rule of law are what drew most of us to the legal profession.

“Unconscious bias in the legal profession was the most commonly identified barrier to career progression for women, while flexible working was seen as a remedy by an overwhelming 91% of respondents to our survey.

“Interestingly while half of all respondents said they thought there had been progress on gender equality over the last five years there was a significant difference in perception by gender with 74% of men reporting progress in gender equality compared to only 48% of women.”

Key figures: • 7,781 people responded to the Law Society’s Women in the Law survey (5,758 women, 554 men and 1,469 unknown or other) • 74% of men and 48% of women reported progress on gender equality in the last 5 years (overall 50%) • Main barriers to career progression perceived as: - Unconscious bias (52%) However, only 11% said unconscious bias training is consistently carried out in their organisation work/life balance - Unacceptable demanded to reach senior levels (49%) networks/routes to - Traditional promotion are male orientated (46%)

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Hertfordshire Law Society Gazette

Featured Article

days of the Crown Prosecution Service).

Graham was then one of the younger partners in the firm and combined a practice in Wills, Trusts and Probate with a criminal practice, not only undertaking advocacy in the local Magistrates Court but also dealing with claims in St Albans Crown Court. When I joined the firm one of the first files I read related to the defence of a murder that Graham had undertaken – he told me that it was one of the few cases he had done where he was convinced that an innocent man had been sent to prison.

Graham subsequently left Penman Johnson and Ewins to set up his own practice in Berkhamsted as Graham Spittle and Co, dealing largely with private client work. Despite claiming to have retired some years ago he has continued to work in Berkhamsted but has finally been persuaded by his long suffering wife Helen to hang up his wig & gown and ceased to practice at the end of last year.

Over the years I have come to know Graham and his family very well. As well as his wife Helen, Graham has two children, Peta and Andrew; the latter now a Church of England vicar. As well as his duties on behalf of Hertfordshire Law Society Graham is an accomplished organist and regularly played at his local church in Langleybury and at his son’s church, as well as at Law Society events such as the Xmas Carol concert which took place for many years in Downing College Chapel in Cambridge.

Graham Spittle - “Mr HLS” I

f one had to describe anyone as synonymous with Hertfordshire Law Society it would surely have to be Graham Spittle.

Over the course of his lengthy association with the Society he has variously been a member, Council member (three times), President and

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

latterly worked on behalf of the Society as administrator for many years. In recognition of his services he is also one of only two Life Members of the Society.

I first met Graham in 1972 when I left school and joined Penman Johnson & Ewins (now part of Penman Sedgwick) in Watford as a trainee clerk (unpaid!). At that time Penman Johnson & Ewins was one of the two largest firms in Watford and undertook a large number of prosecutions on behalf of the police (this is before the

I suppose I should close by remarking on Graham’s longevity in the profession and express astonishment that he has remained in practice for so long. However before I joined Penman Johnson & Ewins I used to walk to school each day when I would pass a short, elderly gentleman wearing a black suit, grey stripped trousers and a homburg hat going the other way. I later learned that he was a local solicitor called Mr Godman who, with his son and grandson, practiced in Watford, which he continued to do so until well into his 90s. So in a sense I think Graham may be packing it in a bit soon.

Robert Bedford, Machins Solicitors

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Editorial Featured Article

Disclosure Reform: Farewell to Standard Disclosure Intro

T

he Woolf Reforms, enshrined in the Civil Procedure Rules (CPR), intended to encourage parties to settle disputes, to be less adversarial or at least more cooperative in the litigation process and sought to make litigation less complex and, consequently (it was hoped) less costly and time consuming.

Nineteen years on concerns persist that the civil justice system is failing to deliver on Lord Woolf’s objectives. One particular concern is that of disclosure, which practitioners are well versed in advising their client, is often one of the most expensive, complex and time-consuming stages in proceedings.

Specifically, in an age when ever increasing amounts of documentation are generated electronically, the view is that standard disclosure, whereby parties are required to lay all their cards on the table (by disclosing documents on which it relies, which adversely affect its or another party’s case or which support another party’s case), is no longer fit for purpose.

Lord Justice Jackson’s 2013 reforms led to the CPR provisions on disclosure being amended in attempt to persuade parties and the courts to consider a variety of orders for disclosure. The six options, which are at CPR 31(7)(a)-(f), include standard disclosure and also the expansive ‘any other order ... that the court considers appropriate’.

Notwithstanding the generous disclosure menu open to parties and the courts, standard disclosure has remained, well, the standard direction.

Perhaps because of this, and within 3 years of the 2013 reforms, the Disclosure Working Group (DWG) was established to explore a solution.

The DWG reported in November 2017 and, following a consultation ending in February 2018, its proposals will be considered by the Civil Procedure Rules Committee before a very likely two-year pilot in the Business and Property Courts.

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What’s the Plan?

The DWG’s unanimous view is that there needs to be ‘a wholesale cultural change’ which will only be achieved with a completely new rule and guidelines, a change in professional attitudes and more proactive case management by judges.

The DWG believes this will be accomplished by dispensing with standard disclosure in its current form. The starting position will be ‘Basic Disclosure’ of key (but limited documents) relied on by the disclosing party and which are necessary to receiving party’s understanding of the case it has to answer. These documents will be provided with statements of case, thus bringing forward an element of disclosure before the first case management conference (‘CMC’).

Before the first CMC, similar to costs management, the parties will cooperate in providing the court with a ‘disclosure review document (DRD)’, which will list the main issues for which disclosure is required, proposals for extended disclosure based on five models within the new rule, information on storage, search and review, including electronically held items.

Also as with costs management, the DRD will be subject to review throughout proceedings and the watchwords will be reasonableness and proportionality in line with the overriding objective. The DRD will also contain costs estimates for disclosure.

Comment One notable aspect of Basic Disclosure (a duplication of pre-action disclosure?) is the absence of any obligation on the disclosing party to provide adverse documents. Such disclosure is not a requirement in the current rules, absent an application, until after the first CMC. The new Disclosure Practice Direction makes disclosure of adverse documents

a primary and continuing duty. There is no express direction, however, that adverse documents should be provided with Basic Disclosure or indeed what the trigger for such compliance is. The thought might be for parties to present their cases with their best evidence with statements of case in the hope that this might precipitate early settlement.

The threat of costs sanctions during proceedings, expressly provided for in the proposed rule, and the risk of appeal post judgment might be thought to provide sufficient incentive for parties to reveal adverse documents.

This alone may not address the prospect of advising clients early on in proceedings on the merits of their cases where only the trump cards are on the table.

As to whether the DWG’s proposals make disclosure any less complex, a review of the 20 page draft Practice Direction and 19 page draft DRD might cause a few sighs for those in general practice. As a personal view, the majority of cases crossing my desk require relatively modest disclosure exercises in which regard the level of cooperation between the parties and their advisors is generally good.

When one looks at the participants in the DWG, it is notable that the Group was principally made up of large firms with national and international reach (almost all based in London). Clearly these firms may well have the concerns reflected in the new proposals and as such, the reforms may be appropriate for high-value or complex multi-track cases. For smaller practices serving the provincial markets, where fast track and lower value multi-track cases are the norm, my concern is whether the proposed changes are necessary and that the disclosure reforms, if extended to general application, might have the unintended outcome of unnecessarily increasing complexity and cost.

Neil Johnson, Associate Solicitor at HRJ Foreman Laws Solicitors

Hertfordshire Law Society Gazette

Editorial AGM Notice

Annual Dinner 2018 The Old Palace, Hatfield House Thursday 7th June 2018 Save The Date!

We are delighted to confirm that the Hertfordshire Law Society 2018 Annual Dinner will once again take place in the beautiful Tudor Old Palace at Hatfield House We look forward to welcoming you, your colleagues, clients and guests at the Society’s popular annual summer event.

More information will be available in the next few weeks.

If you would like or need further information at this stage, or if you would like to reserve a table, please contact the Event Coordinator, Sheryl Hartigan, at: s.hartigan@crane-staples.co.uk

Hertfordshire Law Society â–˛ 12

Hertfordshire Law Society Gazette

Notice

Arbitration A

rbitration as a dispute resolution process has been available for a variety of areas of law for some considerable time. However, it is relatively new in the family law arena. Family arbitration can deal with all aspects of matrimonial finance and with basic children matters, albeit only those cases that do not involve safeguarding issues or such applications as leave to remove children from the jurisdiction (though this particular aspect of children’s law arbitration is currently under review and may change).

1. The parties choose their Arbitrator.

This means they are able to select someone who has specialist expertise in the area in which the dispute has arisen – be it children’s or finances.

Thus guaranteeing an outcome which is measured and truly reflective of the current law;

6. The Court is wholly supportive of arbitration as a process and under the special protocol an Arbitrator’s award can be turned swiftly into Consent Orders as those Orders do not need to be cross-checked by a District Judge and simply sealed by the Court upon lodgement;

2. The time saving is enormous.

Depending on how advanced the parties are in their negotiations when they move to arbitration, their arbitration can take place in as little as two months or less. This is a significant advantage when a matter can take two years to get to a final determination in Court proceedings.

The introduction of arbitration in family law proceedings can be chartered from the corresponding failures in the Court system. It is news to none of us that government funding for the Court service has shrunk considerably and this has resulted in a significant reduction of services by the Court and every increasing delays. It also coincided with the removal of Legal Aid for all but the most exceptional circumstances; meaning that the overburdened Court service was also facing unprecedented levels of litigants in person with all the problems that entails for the smooth administration of justice.

3. The issue with court delay is that all sorts of separate issues can arise between hearings, which then need to be dealt with. This is costly for the parties to deal and is emotionally destructive of whatever is left of their relationship.

Arbitration does not have that difficulty. Parties are able to get a determination as soon as the information required to deliver that determination is available;

7. Arbitration can also be used in satellite litigation or satellite mediation.

For example if the parties are in negotiation but have come to a ‘log jam’ as to one aspect of their discussions, then arbitration can be used to deal with that. Examples being the correct level of maintenance, the correct interpretation of a single joint expert or other such single issue determinations.

Arbitration can take place, an award given and then the parties can move forward either in the Court process or solicitor negotiation or, indeed, return to mediate the other aspects of their situation.

Aside from the difficulties in actually getting matters listed in a timely way is the lottery as to the Judicial Officer hearing the matter when you get to court. The reliance on Deputy District Judges mean that you may not be before a tribunal with any real family law knowledge, let alone specialist knowledge that may be needed. This makes predicting outcomes and advising prudently very difficult.

I am sure we can agree that the government should be providing a proper Court service which is fit for purpose.

However that is not happening and practitioners providing good client service need to look alternative remedies where consensus is otherwise unachievable.

Arbitration has a real benefit in the family arena. It has the following key advantages:-

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4. The process is bespoke. It can “ape” the Court process if that is what the parties are comfortable with. In the alternative, it can be considerably more relaxed. Whilst the parties have a genuine dispute that needs to be arbitrated, a relatively convivial dispute resolution mechanism heightens the ability or at least the opportunity for the parties to maintain a better relationship after its determination has been made.

It also means that the arbitration can be more practical. Instead of being bound by the Court formality, parties can be giving evidence at the same time on one particular issue so that if the dispute involves a “compare and contrast” situation (such as the property housing particulars) both parties can comment on the same document in quick succession rather than, potentially, on alternative days aiding the decisionmaking process; 5. Arbitration is also swifter in terms of coming to an outcome. Data is showing that where a matter might be listed for a four day final hearing before the Courts that will be a 1.5 to 2 days arbitration;

The Arbitrators themselves are generally very experienced members of the profession who are specialists in specific areas of law. They have undergone a proper training process and accreditation. The Court, in those rulings that exist where arbitration awards have been challenged, have been wholly supportive of the Arbitrator and it is as difficult to challenge an arbitration award as a decision of a District Judge. An Arbitrator has all the powers of a High Court Judge when dealing with any given dispute.

Arbitration really should be at the fingertips of all solicitors when advising their clients if matters have become deadlocked and a thirdparty determination is needed for any aspect of the dispute. Its speed, cost effectiveness, and specialism tailored to any individual problem should mean it is the go to mechanism of dispute resolution as it will invariably help the parties move forward quicker and more effectively.

Article by Julian Bremner, Executive partner at Rayden Solicitors. Julian is a qualified Financial Arbitrator and a member of Resolution, Chartered Institute of Arbitrators and the Institute of Family Law Arbitrators.

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Editorial Featured Article

Lawyers bake for charity in the Great Legal Bake

By Elizabeth Russell, Trainee Solicitor at Crane & Staples

E

very year, lawyers across the country take part in the Great Legal Bake to raise funds for charities.

The event has become very popular in recent years and in 2017, teams raised over £33,000 nationally!

Created by Danielle Peters (and her children), Partner and Head of the Family Department at Crane & Staples.

‘Employment Tribunal Fees Cake’ Winner of Best Legal.

In February, firms across Hertfordshire dusted off their aprons and channeled their inner Mary Berry.

Crane & Staples Solicitors raised over £370 in aid of the Eastern Legal Support Trust and Welwyn Hatfield Citizens Advice Bureau.

Deputy Mayor Councillor Barbara Fitzsimon and Citizens Advice Chairman Charles Tinder had the difficult task of judging the entries.

Created by Elizabeth Russell, Trainee Solicitor at Crane & Staples and ViceChair of Herts JLD.

Here were the winners…

Other worthy mentions…

Welwyn Hatfield Citizens Advice Bureau’s 2016/17 Annual Report Cake.

Rayden Solicitors also took part in this year’s Great Legal Bake to raise money for the Eastern Legal Support Trust and The Hospice of St Francis.

The firm invited local businesses along to participate and Phil Thompson, Head Chef of Thompson Dining in St Albans was on hand to judge the cakes.

The winners included a flavoursome entry from Amy Deane from Encourage Life Coaching, who baked an Orange, Pomegranate and Pistachio Cake.

‘Mum working at desk’ Winner of Best Cake and Best Effort.

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Hertfordshire Law Society President, Attia Hussain, created this clever cake to celebrate her one year anniversary as a Solicitor-Advocate.

Hertfordshire Law Society Gazette

Featured Article

The winner of the best looking cake at #GreatLegalBake was Janice O'Neill from #bizbuzzherts. Congratulations Janice and thanks to all our professional colleagues & Team Rayden for their creations. @EasternLegal and @Hospicstfrancis.

The winner of the best tasting cake was #amydeane from Encourage Life Coaching. Amy baked an Orange,

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Pomegranate and Pistachio cake which was praised for it's flavour combinations.

Congratulations Amy #bakingfirjustice @ Hospicstfrancis.

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Editorial Event Preview

Luton Local Family Justice Board all Day Seminar:

DOMESTIC ABUSE - CHANGES AND CHALLENGES

Thursday 7th June 2018 10 am – 4.30 pm Crescent Hall 50 Dunstable Road Luton LU1 1EF

S

ince the introduction of PD 12J (2nd October 2017) and Part 3A of the Family Procedure Rules 2010 and PD3AA (27th November 2017) the courts and court users have been grappling with the rules of procedure and been instructed to draw up local protocols to ensure that where there are allegations of domestic abuse, proper protection and reassurance is available to the parties. A “Vulnerable Court User Protocol” is required to be put in place by every Family Court by 31.3.18 Section 76 of the Serious Crime Act 2015 with effect from 29th December 2015 introduced into the criminal law the offence of controlling or coercive behaviour in an intimate or family relationship punishable with up to 5 years imprisonment.

The Sentencing Council has recently (February 2018) provided guidance “Overarching Principles,” when considering sentences involving domestic abuse with effect from 24th May 2018. That Guidance defines Domestic Abuse as: “Any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. The abuse can encompass, but is not limited to: psychological, physical, sexual, financial, or emotional.

Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capabilities for personal gain, depriving them of the means needed for independence, resistance and escape and/or regulating their everyday behaviour.

Coercive behaviour is an act or pattern of acts of assault, threats, humiliation (whether public or private) and intimidation or other abuse that is used to harm, punish, or frighten the victim.

Abuse may take place through person to person contact, or through other methods, including but not limited to, telephone calls, text, email, social networking sites or use of GPS tracking devices.”

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It is a fast-changing landscape and has far reaching consequences. Coupled with the rich and varied cultural and ethnic mix in our local communities there is a need for a heightened awareness and an understanding from many different perspectives and points of view. We are often faced with dealing with Litigants in Person who are unfamiliar, confused and intimidated by the rules and procedure.

It is vital that practitioners, court staff, lawyers, professionals and judges are fully conversant, not only with the changes in the law and procedure, but also that appropriate strategies are in place so that such cases can be sensitively and fairly managed. Local initiatives should be explored and utilised so that there are accessible and reliable arrangements at each court centre to ensure that victims/ survivors/witnesses/young people, feel safe and supported and thereby encouraged to come forward. Those that are making false allegations for nefarious reasons should be quickly identified.

How should we liaise with other agenciespolice, IDVA, intermediaries, security etc to give proper effect to the protocol any local issues?

Luton Local Family Justice Board plan to hold a seminar to discuss, explore, and inform such issues. Your help and support in formulating and improving upon a local protocol would be greatly appreciated. We look forward to seeing you at the event. The draft programme is as follows

6. 3.45 - 4.30 Discussion panel Chaired

by HHJ Hildyard Q.C

1. 10.00 am - Opening HHJ Hildyard Q.C. Designated Family Judge 2. 10.10 am - HHJ Perusko - PD12J What it says and how courts and advocates should approach it when parties are represented.

- LIPs - Separate fact finding - Suggestions for preambles in orders 3. 10.30 - 11.15 CAFCASS Pathway Risk assessments 4. 11.30 - 12.50 DJ Clarke.

PD 3AA and the Vulnerable court user protocol.

What are the court’s duties and responsibilities?

How to involve all court users and the public in raising awareness on how the court can and will ensure the safety and participation of vulnerable persons Followed by Panel discussion local agencies and how to access them. To include expediting police information and evidence, photographs body worn footage, how to arrange/request video link, confidentiality/disclosure, how IDVA can communicate with court and raise support/safety issues etc.

LUNCH 1pm-2.00 pm 5. 2.00 - 3.30 Geese Theatre production.

Sponsored by various Chambers and Local solicitors (any excess contributions to be donated to Local Refuges)

Cost £20 per delegate to cover and include lunch. Payment by BACS or cheque payable to MRS CAF MellanbyDomestic Abuse Seminar Luton Bank NAT WEST Sort Code 60-04-23 Account Number 95921338 Please contact Maria Healy maria.healy@ hmcts.gsi.gov.uk at Luton County Court Cresta House Alma Street LUTON LU1 2PU to secure a place and to make a donation of up to £250 towards the costs of the Geese Theatre Production (excess funds to be donated to the Local Women’s Refuges in Bedfordshire). If you have not seen a production by Geese theatre before it is a thought provoking and disturbing production challenging belief systems and often unacknowledged prejudices or stereotypes.

We look forward to seeing you at the event.

District Judge Carolyn Mellanby

Hertfordshire Law Society Gazette

Advertorial

Merchant Taylors' School Rob Garvey is Head of Upper School at Merchant Taylors'. He writes of how the school prepares boys for a fast-changing world.

‘D

oes the world still need trained professionals in an online age?’

‘What can you do that a robot can’t?’ Young people today have some challenging questions to answer as they think about the world in which they are growing up and which they will help shape. It is often said that most of the jobs that young people will do haven’t been invented yet, and even if that’s an exaggeration, it’s certainly true that the shape of those jobs and how they will be done is changing radically. Preparing our teenagers for this brave new world and equipping them to handle change is a key part of what all schools need to be doing.

At Merchant Taylors’ it is our conviction that school days really should be the best days of your life, and as Head of Upper School, I am convinced that the Sixth Form must be far more than just a waiting room for university.

Fostering a love for academia is at the core of

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what we do. We encourage our boys not just to do their work in class and at home, but to follow their curiosity and see where it leads them. I have been thrilled to listen to teenagers evaluating President Trump’s tax reforms, discussing the infinite sum of the natural numbers and exploring the human heart and why it goes wrong. We also have Lower Sixth formers writing Extended Project Qualification essays on topics from Islam and Medicine to the conservatism of Winston Churchill.

Fostering curiosity is core to developing the character that our young men need as they look ahead. Character is also developed, of course, outside of the classroom and ensuring that our teenagers have the chance to do this is vital. Be it performing on stage in Oklahoma! this year, joining with the RAF for flying lessons in CCF or playing sport under the guidance of former Olympians, we encourage our boys to seize the opportunities to learn and grow in all they do.

Particularly popular with our young men is the

Young Enterprise programme which our Careers Department facilitates. Boys form companies, design and market products and pitch them to experts from KPMG, all under the guidance of professional business advisors who help them develop creative ideas. They even pay tax!

It is no wonder then, that our boys head off to their first choice of university with fond memories of school, secure friendships and a humble confidence that they are ready for whatever is ahead. Our Headmaster Simon Everson likes to encourage them to develop ‘sprezzatura’ - an Italian notion that encompasses humility, grace and confidence. Do they all go to Oxbridge?

No; a good many do, but so too do they head to Imperial, Durham, Stanford and beyond. Our boys are savvy enough to know that university is only one of the many stages of their lives ahead.

They enjoy living in the present, developing the skills they need to flourish everywhere and ensuring they leave wherever they go a little bit improved. Sprezzatura indeed.

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Editorial Articles

High Court provides first authority on meaning of ‘fundamental dishonesty’

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personal injury claimant’s dishonest actions must “substantially affect” the presentation of his case if the court is to make a finding of ‘fundamental dishonesty’, the High Court has ruled in the first ruling on the meaning of the phrase.

It came in the context of section 57 of the Criminal Justice and Courts Act 2015 but should apply to qualified one-way costs shifting too.

In London Organising Committee for the Olympic and Paralympic Games (in Liquidation) v Sinfield [2018] EWHC 51 (QB), the dishonesty related to part of the damages sought – specifically over help with gardening, amounting to 42% of the special damages claim – but the whole case was dismissed as a result.

Mr Justice Julian Knowles said: “A claimant should be found to be fundamentally dishonest within the meaning of section 57(1)(b) if the defendant proves on a balance of probabilities that the claimant has acted dishonestly in relation to the primary claim and/or a related claim… and that he has thus substantially affected the presentation of

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his case, either in respects of liability or quantum, in a way which potentially adversely affected the defendant in a significant way, judged in the context of the particular facts and circumstances of the litigation.

fundamentally dishonest, the entire claim must be dismissed, including any genuine element of the claim, unless the claimant could show he would suffer substantial injustice if his claim was dismissed.

“By using the formulation ‘substantially affects’, I am intending to convey the same idea as the expressions ‘going to the root’ or ‘going to the heart’ of the claim.”

There was no evidence here to support a finding of substantial injustice.

Here the judge held that the claimant had knowingly made dishonest misrepresentations in his schedule of loss which could have resulted in the defendant’s insurer paying out far more than it could properly, on honest evidence, have been ordered to pay.

The fact that the greater part of the claim may have been genuine was “neither here nor there” where the court finds fundamental dishonesty, he added.

He went on to say that where an application is made under section 57 and the judge determines that the claimant has been

Roger Jones, the Kennedys partner who acted for defendant insurer Aviva, said: “After various lower court rulings on ‘fundamental dishonesty’, it was important to have a binding decision...

“Mr Justice Julian Knowles has provided clear guidance on how the test works in relation to section 57, and it will also apply to CPR 44.16, where a finding removes a claimant’s costs protection under qualified one-way costs shifting (QOCS).

“Both are helpful for defendants, but section 57 carries the real bite, since the entire claim will be dismissed unless the claimant proves substantial injustice, with the claimant paying the defendant’s costs less the amount the he would otherwise have received in genuine damages.”

Hertfordshire Law Society Gazette

Articles

Sexting in Schools and beyond themselves, with a smaller proportion reporting sharing the images.

Where the content is not just written text that may contain sexual content or references, but also the exchange of explicit images or videos, the messages or distribution or posting of media can stray into the realm of the criminal law and become of concern to both schools and the police.

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lmost every teenager in these modern days has a mobile phone or access to one and we all know, as parents, how our children are tied to their devices, they are their worlds, the first thing they will often look at in the morning and perhaps the last thing that they will see or use before they go to sleep.

Mobile devices are inescapable and are capable of some fantastic things, helping our children to communicate with us, their friends and the wider outside world as well – they are capable of helping our children to learn, to expand their horizons and broaden their knowledge. Mobile phones are evolving and the technology is changing as quickly as our children grow up, the release of the new iPhone X and its technological advances illustrates this.

However, the availability of technology does bring its own problems. The exchange of messages and media between mobile devices and children does sometimes cause problems. The increasing use of sexual texts and sharing of sexual related content and media has given rise to a phenomenon otherwise known as “sexting”.

Some children believe ‘sexting’ means sending flirty written texts and describe the sharing of images as sending ‘nudes’ and many parents are unclear about what is illegal. NSPCC reported that three per cent of 11-16 year olds had taken fully naked pictures of

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If a boyfriend and girlfriend under the age of 18 were to take explicit “selfies’ of themselves and send it to each other, the recipient could find himself in possession of “indecent images” of a child, even if those images are sent to him consensually and in private. It is a criminal offence to make, distribute or be in possession of an indecent image of a person under the age of 18, even where that is done or possessed by someone of the same age as the person within the media content.

The situation regarding Sexting is of such concern to both Education Providers and Law Enforcement Agencies that in November 2016 the College of Policing issued guidance as to how such matters should be handled from an investigative perspective.

This was issued alongside the advice provided to schools by the UK Council for Child Internet Safety (UKCCIS).

It is helpful for schools and parents of children that may be exposed to or participate in sexting be referred to this Guidance, https://www.gov.uk/ government/uploads/system/uploads/ attachment_data/file/609874/6_2939_ SP_NCA_Sexting_In_Schools_FINAL_ Update_Jan17.pdf It is clearly recognised in that Guidance and that provided by the College of Policing that a measured and proportionate approach should be adopted when such matters come to light. There is a natural concern that young people who do sexting should not be criminalised and stigmatised as a consequence of adolescent curiosity or immaturity.

The context of any sexting between young people or groups of young people needs to be carefully considered. For safeguarding reasons and to protect the welfare of children, such behaviour is always of concern.

The College of Police Guidance makes it clear that:

“Most offences involving sexual activity connected to children will raise significant safeguarding concerns."

If the Police do get involved in relation to such behaviour, in accordance with Home Office Counting Rules, it will be officially recorded as a crime, this in itself can have implications for the young people concerned. With the inevitable police investigation that will follow, it is then imperative to ensure that the young people are properly helped and assisted to ensure that they are not criminalised as a consequence.

If a young person is Cautioned or given a form of Youth Diversion to Youth Offending Services, this can have long term implications as far as the child is concerned, both in connection with the Disclosure and Barring Service (DBS) and even the Sexual Offences Registration requirements.

Ensuring that the parents and children are advised of the risks associating with Sexting is vital. Ensuring that they are properly advised if the Police become involved is even more important.

Nick Titchener, Director and Solicitor-Advocate at Lawtons Solicitors

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A new Ricoh MPC4504EX

This problem came to our attention when we discovered that many of the solicitors and accountants high-volume blackand-white copiers were being exported in particular to Africa and the Far East. These machines weren’t wanted for the hardware value rather the value of the data on the hard drive of the machine.

We realised very early this service to clean hard drives was something that our clients would need and so our service contracts now contain a clause that covers for dirty data by shredding or deleting the hard drive memory. This is so clients

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We are also supplying the new range desktop GDPR compliant Kodak scanners. These fast and accurate machines take various size originals, duplex and thickness of card in one simple transaction and with the professional software route and file, store and retrieve files using its OCR feature.

Expert Witness and contact reviews We have also been asked on numerous occasions to be an expert witness in the legal dispute as to invoices and contracts of the supplying copier companies.

Where the money has gone is often a question the clients ask when they don’t understand the invoices or the contracts they have inadvertently entered into. Often the client doesn’t get charged what he believes is on his

There is even now a spot colour and professional colour option on many models where the higher coverage of toner used on colour copies is billed at a considerably different rate.

01923 89 20 40 sales@thedigitaloffice.co.uk

The Digital Office UK Ltd Xnilo House, Copse Hill Welwyn, Herts AL6 0SG sales@thedigitaloffice.co.uk www.thedigitaloffice.co.uk www.tdo3dprinters.co.uk

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Scanning and GDPR

many clicks the meter has gone up by, it should always be one per colour copy or print and one per black and white. If there are more than a total read counter, say for different toner coverage then that can be a problem. It is when clients discover this problem they seek legal address and this area we can clearly help advise on the contract and the clients obligation and redress.

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Kodak Alaris I2820 www.youtube.com/watch?v=SEcK Ec57pG4&feature=youtu.be

contract. However this is not often discovered until a simple check is made on how the machine is reading copies and prints. This is because the service providers are able to set meters to turn from single copy into developments, where four developments cyan, magenta, yellow and black make up a full colour copy. You can imagine a client who has signed for what he believes is a very competitive colour charge could upon invoice could be charged four times the amount if the machine was set to developments.

An easy way to check this is to print out a meter reading of all of the metres and then take a colour copy and re-read the meter. If you then take a black-and-white copy and re-read the meter and see how

4 PC Ricoh M

A local, reliable Hertfordshire and Home Counties based office equipment company with over 25 years of exprience.

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e have 30 years’ experience in supplying Ricoh and Samsung copiers, MFDs and printer solutions. Our customers range from national accounts to one off SME companies. We advise on the best software and audit software and are now broadening our portfolio to include the dynamic world of 3D printing. We have researched and sourced innovative printers for use in a multitude of industries.

TDO provide service support for all printers, scanners software and print audit devices. Your contract is with us. We place, monitor and provide you with feedback relating to your service call with our dedicated team. In effect you get the best of both worlds, personable, stable, friendly service supported by manufacturer stock, technical skill, labour force and nationwide scale of service.

We sit on the same side of the table as our client using our knowledge base and “inside line” to obtain the best service available for you.

• Outstanding service • Full product training • Extensive product range • Valuable advice • 3d printer Range • 3d printer Lab • Education scheme • Project Management of moves

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ith the advent of requirements of GDPR, a lot of people do not realise that one of the major areas of consideration is the dear old photocopier in the office. The reason why is that every copy that is taken leaves an image on the hard drive for ever. Older machines pre-2016 have no ability to automatically clear this image from the hard drive. We at the digital office have assisted many legal firms and clients in removing this old dirty data.

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are confident, on collection of their machine, that they are not liable for any information left on it and are covered for the cleaning of the machine. The new range Ricoh machines have the ability to automatically delete the last document. This is seen by a flashing red light indicating the cleaning process of the hard drive.

Recently we have been requested to ensure that this function is available to most of our clients and we subsequently offer a cleaning process on old machines to ensure that customers are GDPR compliant.

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GDPR and your copier

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Call us now on: 01923 89 20 40 Please approach us for a competitive quotation

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Editorial Charity

Universities Federation for Animal Welfare (UFAW)

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t is now widely accepted that many animals have the capacity to feel pain and distress and to experience suffering. Ensuring good welfare is about more than ensuring good health. Animal welfare is about the quality of animals' lives - their feelings.

Over 90 years ago, the first public meeting of the newly-formed University of London Animal Welfare Society (ULAWS) took place at Birkbeck College, University of London with the aim to enlist the influence of university men and women on behalf of animals – wild and domestic and to use the power of science to benefit all. The audience consisted of just two people.

Today, two have become many. By 1938, ULAWS had spread to a number of other universities and had become UFAW and the charity’s achievements have already been truly outstanding, benefitting millions of animals

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around the world. Over the years UFAW has led the way in using science to bring about lasting change. In its first few years alone, it began a long (and eventually successful) campaign to abolish the use of the gin trap, championed the use of humane perfumes, free from animal products such as musk or civet, and joined a committee set up by the British Board of Film Censors to scrutinise the welfare of animals used in films.

Since 1926, UFAW has become internationally recognised and is increasingly involved in efforts to support and promote the advancement of animal welfare science around the world. Recent innovations include the development of a valuable web-based resource for prospective pet owners and breeders which now includes information on more than 50 breeds of dog as well as cats, rabbits, horses, guinea pigs, birds and fish. The project was started to help reduce the prevalence of

genetics-related health and welfare conditions in companion animals.

Finding ways to protect the welfare of the many species of animals with which we interact is a huge challenge. Despite its substantial achievements, outside the scientific and academic/veterinary community, relatively few people are aware that there has been an independent charity hard at work for nearly a century, and a significant force in bringing about fundamental and long-lasting improvements in animal welfare.

By supporting our work, you will help us to continue to use science to better understand animals and their needs. Because UFAW’s work changes attitudes and legislation regarding how animals are cared for and treated, your support of UFAW can help make real, practical and lasting advances to animal welfare throughout the world – a truly wonderful legacy.

Hertfordshire Law Society Gazette

Editorial Advertorial

Additional £2 Billion from dormant accounts can be reunited with customers and to fund good causes W ithin the UK there is a large amount of money that remains unclaimed by its true owners and this issue was first addressed in 2008 which led to the ‘Dormant Bank and Building Society Accounts Act’. Under this Act, banks were required to trace account holders who had not been in contact for several years. In instances where they were unable to find the account holder, the money would be declared dormant and would be used for alternate causes.

In December 2015 the Commission on Dormant Assets was formed to help with this initiative and said the dormant asset schemes should include bonds and shares which could potentially unlock up to £2 billion. In February 2018, the Commission on Dormant Assets published a report where the government will consider legislation to expand dormant accounts schemes to include other assets and financial instruments.

One of their core principles state that firms should prioritise reuniting customers with their assets before the money is transferred to good causes and customers should be able to reclaim dormant money at any time. Assets should only be transferred after appropriate reunification efforts have been made.

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In 2011 the co-operative Banking Group (CBG) established the country’s first Reclaim Fund (RF). Both the CBG and RF have been working with the government in establishing the scheme, and since inception the RF received over £1 billion from several participating banks and building societies.

Fraser and Fraser are one of the few firms within the genealogy industry who are regulated by APR (Association of Probate Researchers). We are well known for beneficiary tracing and deceased estate distribution but now we have branched out into the world of asset reunification, helping ensure that the unclaimed assets is reunited with the asset holder. The unclaimed asset can be anything financial or also known as liquid assets. For example, stocks, bonds, dormant bank accounts or monies held by a custodian, and not just physical items from unclaimed estates.

Do you need to trace people who you know have unclaimed assets? Do get in touch with us, we work alongside many organisations, both corporate and public and our infrastructure is catered towards tracing and identifying any known persons especially in the event of an estate being involved. www.fraserandfraser.co.uk legal@fraserandfraser.co.uk

Hertfordshire Law Society Gazette

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Editorial Advertorial

Looking for appropriate home care services is like travelling down a road paved with obstacles.

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relative or a friend is approaching the stage where it is likely that some care support will be needed. Talking it through about what form this support should take and then finding a care agency to provide the service sounds simple enough. The reality is likely to be different.

There are several excellent voluntary organisations that offer information about the care sector but unless you have one in your area or can research their websites on the internet or on others such as NHS Choices, you may find it difficult.

to do as some providers will want to make an assessment visit first and will not offer a ‘ball park’ figure.

To make the journey a little easier before the time of need, the advice is to investigate what is available in the local area, download details, ask for brochures and put the information in a safe place.

Angela Gifford MD of Able Community Care info@ablecommunitycare.com

Libraries may have some or no information, or it will be hard to locate unless you ask. There are no standard leaflets which are universal. (There used to be one for NHS Continuing Care, but this is no longer freely available).

Regardless of where the information is found it is likely that finding the right care package is going to take time. The process for many is often described as ‘frustrating and time consuming’. This is especially the case for working people as most of the care sector, including social services are not weekend friendly.

Having a care service means that it must be paid for. Depending on financial circumstances this may be State funded or partially State funded. If the State is going to fund all or part of a care package and is going to contract with an agency this will take time to become reality and in the interim a person may have to make their own arrangements.

If a person is funding their own care, then they need to locate a care provider to support their needs. It might be thought that in a city or urban area this would be easier than in a rural location, but this is not necessarily the case. In city and urban areas there will be more providers but also more people to support.

Many care providers have one main customer, their local council.

This may mean that though they could provide the support asked for, it may not be at a time of choice, a person may have to have several, different care workers coming in or simply they may not be able to help.

Hourly care, shift care, night sitters, night sleepers, ‘pop in’ 15-minute visits, 24-hour care, live-in care, specialised care, domestic care and companionship care, will all be available but not in every locality. The cost of care services can be different for the same type of care package from different providers. Contrasting the financial rates charged for weekdays, weekends, night times, bank holidays, having employed care workers or self-employed care workers as provided by Introductory agencies is not always easy

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FINDING YOUR VOICE IN DIGITAL AND PRINT MEDIA www.eastparkcommunications.co.uk

Hertfordshire Law Society Gazette

Editorial Advertorial

Achieving growth through efficiencies

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017 was yet another successive year of strong growth for Quill clients. That’s according to analysis undertaken by Quill using 4 years’ worth of anonymised accounts billings data for a sample of over 400 legal software and outsourced cashiering service clients.

Some key findings from Quill’s research of law firms’ financial performance are:-

• 22% increase in average profit costs across the past 48 months • Average monthly billings in 2017 of £81,901 for SME businesses (Quill’s average client has around 11 software users) • The top third performers more than doubled their profits, with monthly billings increasing from £71k to £144k • The middle third performers achieved 12% increase in profits Translating what these statistics mean in real terms, it’s quantitative evidence that proper use of legal software and outsourcing back office tasks has a positive impact economically. Legal practices choosing Quill’s Interactive system – comprising document and case management, time recording, reporting and legal accounts tools – and outsourcing administrative functions – cashiering, payroll and typing – are able to significantly improve profitability.

That’s because Interactive facilities efficiency improvements by straightforward management of inprogress matters, automatic population of templates and precedents, easy capturing of time, reduction of overheads, access to data and files 24/7 on the move, monitoring of performance and recovery of costs. Similarly, Quill’s Pinpoint cashiering service drives further efficiencies because, by offloading the entire accounting function with support given on a continuous basis, time can be channelled elsewhere, monthly costs minimised and regulations adhered to.

Quill’s research is supported by anecdotal evidence from end users including Daniel Hewitt, Managing Director at JP Goldman

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Figures are shown above in visual graphical format.

Solicitors, who comments: “We've been using Quill's Interactive cloud legal software and Pinpoint outsourced cashiering service since our company began trading in early 2016.

“Since then we've seen sizeable growth within our business. This has been made possible by the functionality within Interactive and flexibility of Pinpoint. Having a supplier as professional as Quill providing feature-rich systems and allocating us an off-site cashier to manage our accounts brings peace of mind as we're able to work more efficiently, operate continuously and compliance with accounting rules is a given.”

Quill’s MD, Julian Bryan, explains: “There is obviously variation in fees generated by the highest and lowest performing law firms in our study. This is partly resulting from the discipline of law, such as legal aid funded areas, but mainly it demonstrates adoption of good processes via Interactive and Pinpoint to log time at every touchpoint, use available functionality to its fullest capacity, take advantage of advanced reporting capabilities to delve deep into financial data, act upon system prompts to manage accounts in line with prescribed rules and much more besides.

By doing so, legal practices are able to maximise billings per fee earner.

“Additional benefits can be driven where law firms have completely delegated their cashiering role because they’re able to focus exclusively on fee earning and business development without distraction. By being more productive in these two areas, businesses can assume a truly competitive stance in what’s becoming an increasingly challenging industry.”

Quill’s results are echoed in various industry reports, the Law Society’s LMS Financial Benchmarking Survey amongst them. According to the Law Society’s evaluation of 152 participating firms, fee income increased by a median 5.8% in 2016, compared with a still-healthy 5.4% in the previous year. Median net profit per equity partner was similarly buoyant, standing at £135,979, up by 8.4% year-on-year. Overall, firms are achieving 10% net profit margins.

If legal service providers are wavering in their decision to upgrade to newer systems and switch to an outsourced business model, it’s convincing proof that firms doing just that are being rewarded with superior revenues.

To contact the Quill team: email info@quill.co.uk, call 0161 236 2910 or visit www.quill.co.uk/growth.

Hertfordshire Law Society Gazette