Herts law 25

issue 25 Winter 2014 / 15

Hertfordshire Law Society Gazette

Annual Dinner 2015 at Hatfield House see page 14

Also this issue: Council Members 2015, Meet your new Vice President, EWI Conference 25.9.14, A better way for divorce, Hertfordshire Law Society Prize 2014, Houses of Parliament Tour and much more...

â–˛

Contents

Hertfordshire Law Society Gazette

Contents issue 25 Winter 2014 / 2015

4

Council Members for 2015

10

Hertfordshire Law Society Prize

20

Millions of Britons have no will

4

Editor’s Comment

11

A Better Way for Divorce

22

Practice Management proposal

5

From the President

12 EARLLS

24

Take the 'Search Alert' challenge...

6

Meet your new Vice President

13

Houses of Parliament Tour

26

Stamp Duty Land Tax

7

Letter to the Editor

14

Annual Dinner 2015

28

Book Reviews

7

AGM Report

16

EWI Conference 25.9.14

29

The SBA

8

Herts University

19

Dadcheck Gold

30

The Annual Bar Conference 2014

Published by: EAST PARK COMMUNICATIONS Ltd. Maritime House, Balls Road, Birkenhead, Wirral CH43 5RE Tel: 0151 651 2776

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

Marketing Denise Challener

Accounts Mandy Barlow

Design David Coffey East Park Studio

Media No: 1148 Published: Winter 2014 / 2015

Legal Notice © East Park Communications Ltd. None of the editorial or photographs may be reproduced without prior written permission from the publishers. East Park Communications

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

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

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

3▲

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 and Criminal

Ginny Harrison Ginny Harrison Legal Limited (St Albans) Employment

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

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

Administrator & Membership Secretary

Amanda Thurston Curwens (Hoddesdon) Family

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 Stephen Halloran Lawtons Solicitors Ltd (Hatfield) Crime

From the Editor B

elated wishes to you all for a Happy New Year and every success in 2015. At the time of writing, the length of the gloomy winter’s day is scheduled to be just 7hours 55 minutes. By the time you receive this magazine, the day will be 38 minutes longer. Things are looking up – spring is just round the corner...

Plans for 2015 In similarly upbeat mood, the Society has a number of plans for the coming year in terms of increased exposure to, and better communication with the Hertfordshire legal community. A number of projects are underway, for example adding more social events to the calendar, and introducing new members to the Society. The new website will play a valuable role in these initiatives, and plans are well underway to launch the new site in the first half of 2015.

Welcome to the new President and Vice President In the President’s Report, Richard Atkins takes a look at the role of the local law society, and encourages members to meet and communicate with each other, and to work together to

▲4

keep legal services local - a key message in his Presidential year.

Vice President Claire Sharp also highlights the importance of participating in Hertfordshire Law Society activities, and of making your voice heard at a local level to enable views of the profession to be brought to a national level – most notably to Chancery Lane and to Central Government.

Subscriptions I am sure Membership Renewal to the Society is on your list of New Year resolutions, and this is a polite reminder that subscriptions for 2015 are now due. You will have seen from the November AGM report on page 7 that subscriptions for the coming year are to remain the same for 2015. For easy reference these are: £45 – ordinary membership £20 – Associates £10 – Trainees and Students Corporate membership is also available for all firms or organisations with 12 or more ordinary members.

If you would like more information about renewals, or have any questions

Anna Donovan

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

about membership or subscriptions in general, please do contact me. I am happy to help.

Save the Date The Annual Summer Dinner will be held on Thursday 18 June in the Old Palace at Hatfield House – the childhood home of Elizabeth I. More details will follow in the coming weeks.

Articles for Future Editions Thank you to all of you who responded to the call for items for the magazine. The quarterly magazine offers you the invaluable opportunity to engage with, learn from, and share professional views with colleagues in the legal profession. This is your magazine, your opportunity to give voice to issues of local and national interest, so do please keep those news items coming in.

Judie Caunce Administrator & Membership Secretary Enterprise House, 5 Roundwood Lane Harpenden, Herts AL5 3BW T: 01582 765006 F: 01582 467906 M: 07775 65257 E: admin@hertslawsoc.org.uk or jac@events-plus.co.uk

Hertfordshire Law Society Gazette

Editorial

From the President

H ertfordshire L aw S ociety - Keep it L ocal !

I

t is a great privilege to have It may sound old fashioned, even clichéd, but it is true! been elected as President of the Hertfordshire Law Society for 2015 and In days gone by, people looked to their local bank manager to be given the opportunity to serve as their trusted advisor. They might have looked to their members in the coming year. accountant to perform the same role. Nowadays, most bank managers are no more than salesman for financial In my view the primary role of a local Law Society is products with no scope for giving impartial or independent not about arranging dinners (although that is important); advice. The local solicitor still has the trust and respect to it is not about having committee meetings (although these fulfil the role of trusted advisor. We must, however, think are necessary); it is primarily about getting a very simple beyond performing a specific task for a “one off service”. message across to members.

We need to develop relationships with our clients who will, increasingly, begin to call upon us for advice on more inThat message is “keep legal services local”! depth issues, allowing us to cross-sell a number of services.

The local Law Society is the forum to get this message across to members and to encourage our members to share experiences and compare notes as to how to achieve the goal of promoting local legal services. One of the biggest benefits I have derived from membership of the Hertfordshire Law Society is the opportunity to meet with fellow practitioners and to discuss areas of common interest.

Most local practitioners have the experience to fulfil the role as a trusted advisor, but the key issue is to get the message across to the consumer. Marketing our services is absolutely vital.

Ensuring that legal services are delivered locally is for me, the number one issue for the practitioners in Hertfordshire right now. We might think that our competitors are other local practices on the high street. The real competition however is based in a conveyancing “shed” somewhere; it is based in the offices of Co-Op Legal; it is based in the boardrooms of the big accountancy firms.

If we, as a local Law Society, are to play a meaningful role in keeping legal services local, then our members must play their part. I urge members to get involved in the work of the Hertfordshire Law Society. We have a number of practice-specific committees which will be relevant to members. I am setting out below details of the Chairs of each of these committees. Please do get in touch and feedback your views on how we may best serve your Practice and your practice area within Hertfordshire. I am very conscious of the need to listen.

Many of you will know that Ernst & Young is the third of the “big four” accountancy firms to be granted an ABS Licence by the SRA. We all know that the first thing that they will do is to cherry pick lucrative areas of law but accountancy firms will not ignore the huge market in personal legal services which is worth billions of pounds annually.

I was struck by the following comment published on the Gazette website on 1st December 2014 following the announcement by Ernst & Young. Talking about small local firms, who are struggling all over the country, the correspondent said: “We just carry on feeling unhappy, poor and unappreciated, abandoned by the Law Society, harangued by SRA.” I am under no illusion that many feel a real discontent and a sense of helplessness that nothing can be done. Is there a solution? I believe the best chance of survival for local solicitors is to get the message across to the public that legal services are best delivered locally. We must not try to be Tesco, Easyjet or Barclays in the way we deliver our service. It doesn’t work!

People want a local solicitor. People want a personal service. People want someone they can trust.

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

I believe the local Law Society can play a role in helping local solicitors to market their services. This can be through informal networking or through a more structured programme of marketing seminars.

If you think the Law Society does nothing to hit back in the face of increasing competition then do feedback your constructive thoughts as to how you would like to see things changed.

Civil Litigation - Charles Duchenne Charlesd@hamiltondavies.co.uk Education and Training - Penny Carey p.carey@herts.ac.uk Family Law - Amanda Thurston Amanda.thurston@curwens.co.uk Probate & Trusts - Graham Field gjf@longmores-solicitors.co.uk Property & Commercial - Richard Atkins richard.atkins@taylorwalton.co.uk Sole Practitioners - Jeremy Chandler-Smith jeremy@jcssolicitors.co.uk In conclusion I wish all members a happy and prosperous 2015.

Richard Atkins President; Hertfordshire Law Society

5▲

Editorial News

Meet Your New Vice President I have been very fortunate and worked with some brilliant people, so everything I have achieved has in part been as a result of the support of those people, but being made a Partner at my firm, Debenhams Ottaway, comes pretty high up the list of proud moments. Also qualifying as a Solicitor was a great moment, after 7 years of study as a mature student whilst trying to raise a very boisterous small child!

C

laire Sharp, formerly Honorary Secretary and Treasurer of Hertfordshire Law Society, was elected to Vice President for 2015 at the November AGM. Here she answers questions from the Editor.

1. How and why did you choose a career in law?

I came to the law late, as a mature student, at a time when I was looking for a change of career. I’d always been interested in the law and I wanted to have a “proper” profession. Friends and family encouraged me, as they said I was always fair minded, with an aptitude for seeing both sides of the argument. That might just be the flip-side of an inability to make a decision!

2. When not working, how do you like to spend your leisure time?

My passions are running and ski-ing, and I do both to excess whenever I can. I run with St Albans Striders, and although I am not particularly quick, I compete in races of all distances regularly.

More recently I’ve taken up cycling, to compliment my running as I get older and am unable to run as much as I would like. Ski-ing I love, so best not get me started on that otherwise I shall bore you to death!

3. Tell us something that you are most proud of in your professional career.

▲6

4. Tell us a little known fact about yourself (that you don’t mind sharing!)

I love sci-fi and am a huge Star Wars fan! My son, Ben, and I are well overdue for a day of watching the complete set of movies. Perhaps there will be time over Christmas, in preparation for the new movie next year, which I am really looking forward to.

5. How long have you been a member of Hertfordshire Law Society?

Since 2003, when I joined Debenhams Ottaway (then Turner & Debenhams). One of our Partners, Denis Keegan, was on the Council at the time and he invited me along to join the Council, which was probably around 2006. I then became Honorary Secretary/ Treasurer in about 2009.

6. How has the Society changed since you first joined?

In some ways it hasn’t changed all that much, it still provides a great opportunity to get involved with the profession at a local level, and the invaluable link to Chancery Lane and what’s happening in the wider profession. If anything, the Council is rather less formal than it was when I joined, which is a good thing because it encourages participation, although I do still value some of the traditions, where possible. The links with the Junior Lawyers are much stronger now, thanks in large part to my successor, Laura Colville, and this has been a great benefit to the Society.

7. What do you see as the greatest challenge for Hertfordshire Law Society in the coming year?

Getting the new website up and running successfully, and using it to

spearhead a campaign to increase our membership.

8. What has been your greatest achievement as Honorary Secretary / Treasurer?

Balancing the accounts every year, not losing any money and not making any mistakes!

9. What piece of wisdom would you like to pass on to your successor, Laura Colville?

Balance the accounts, don’t lose any money, and don’t make any mistakes.

10. Tell us about the successful St Albans Supper meetings I have been part of the organisation of the St Albans Supper for some years now, and that has been enormous fun. We’ve dined out at most of the best restaurants in St Albans, for a very reasonable cost, and it’s always been really well attended. I’ve got to meet lots and lots of fellow solicitors from near and far as a result. They’re a very good bunch, and contrary to what you might think, we all get on very well, even if we are from different firms. It’s so much better to hear what’s going on out there and to get involved if you can.

11. Do you have a New Year message for members and magazine readers?

I understand how difficult it is to find the time to get involved in things like Hertfordshire Law Society, given the enormous pressures that practitioners are under. But it’s great to be able share that with other like-minded people, and getting involved with your local law society is a great way to make friends and influence people. As with anything worthwhile in life, you have to make the effort and put the time in to reap the rewards. Thank you to all our members for your continued support, and may 2015 be a prosperous and successful year for you, and I hope for some of you, a year in which you resolve to become more involved with your local law society.

Hertfordshire Law Society Gazette

News

Letter to the Editor Assisted dying

As one who is no longer in the first flush of youth, I was heartened to read [2014 October Hertfordshire Law Society Gazette, page 18] that a trainee and, therefore, hopefully part of the next generation of solicitors has such a good grasp of the danger that an elderly person may feel under pressure to end his/her life to avoid being a nuisance to those caring for them.

I hope those who have not already done so will read the article and take careful note of what it says.

Graham Spittle, Retired Solicitor, Berkhamsted, Herts. HP4 2DF

2014 AGM Report T

he AGM was held on Tuesday 25 November 2014 in the Committee Meeting Room of the MacLaurin Building at the University of Hertfordshire.

New Officers Richard Atkins was elected President. Please see his article “From the President” on page 5.

Claire Sharp was elected Vice President. Please see “Meet your new Vice President” on opposite page.

Laura Colville was elected Honorary Secretary and Honorary Treasurer.

Treasurer’s Report As current Treasurer, Claire had earlier reported that the Society’s finances for 2013 remained in good order, but continue to be under pressure as a result of falling membership numbers and the resulting lower income. This was not altogether unexpected in a challenging financial climate where a number of firms are merging or closing or generally cutting costs. She further reported that, although the Council were working on a membership drive for the

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

New Year, members were encouraged to spread the word among their own network and to encourage new members to the Society for which subscription rates remain unchanged for the coming year: Ordinary Members Associate Members Trainee Members Student Members

£45.00 £20.00 £10.00 £10.00

The “corporate membership” introduced in 2007 is to continue. This provides that for firms or organisations that have 12 Ordinary paid up members in any one year, there is no further fee payable for any additional members of any category in that firm / organisation during that year, and applies across the whole firm / organisation including individual or satellite offices.

Hertfordshire Law Society Prize The Hertfordshire Law Society Prize was presented during the meeting. For a fuller report, please see page 10.

7▲

Editorial Advertorial

The New Resource Supporting You to Help Your Client: The Hertfordshire Mediation Centre Meet. Talk. Resolve “…mediation has a number of advantages over the court process. It is usually less expensive than litigation which goes all the way to judgment, although it should not be overlooked that most cases are settled by negotiation in the ordinary way.

Mediation provides litigants with a wider range of solutions than those that are available in litigation: for example, an apology; an explanation; the continuation of an existing professional or business relationship perhaps on new terms; and an agreement by one party to do something without any existing legal obligation to do so.”

Lord Justice Dyson in Halsey v Milton Keynes General NHS Trust [2004] 1 W .L.R. 3002 at [15]

A

s the courts have regularly stated, there are many advantages to be gained by parties attempting to mediate their disputes rather than resorting immediately to litigation proceedings, and all the while the legal and/or other rights of the parties remain unaffected. However the five key reasons are that: • Most claims never progress to trial anyway, so it is sensible to settle earlier and save time, stress and expense.

• It takes a fraction of the time and cost of court proceedings.

• Over 85% of mediations reach a successful outcome.

• The more diverse range of solutions available than would be the case by proceeding to court.

• As the outcome is negotiated and agreed by the parties, and not imposed by outsiders, it ensures a greater level of satisfaction with the result.

Due to these overwhelming benefits the stance taken by the courts has hardened with Sir Rupert Jackson stating in the preface to the First Supplement of The White Book 2013 that, “the aim [is], in general, no case should come to trial without the parties having undertaken some form of ADR to settle the case.”

This is why the University of Hertfordshire is pleased to announce the opening of The Hertfordshire Mediation Centre, a new purpose-built mediation facility at our state-of-the-art de Havilland campus in Hatfield. The Centre, with its five additional breakout rooms, is available daily at times to suit you and your client; no matter the size or subject matter of the dispute. Our competitively priced, hassle-free Essential Service also

▲8

takes care of all your addition needs from parking, stationary and other equipment, through to catering.

However, we are more than just a venue. In addition to providing excellent facilities, The Hertfordshire Mediation Centre also has a large panel of experienced, qualified mediators available to facilitate obtaining the agreement that your client is looking for.

The facility, and all our services, are accredited to Civil Mediation Council standards and is a member of the National Mediation Providers Association. So come and meet your opponent, talk about the matter in dispute, and resolve it that day at The Hertfordshire Mediation Centre.

If you would like to find out more about the vast array of benefits that mediation can bring to your client and you, and enable you to provide an even better level of client care, register to attend our mediation workshop:

Protecting your client and you: Recognising an ADR applicable case 6pm Wednesday 4th March 2015 W125, Law Court Building University of Hertfordshire, de Havilland Campus 2 CPD points available £40 Email Lorraine De-Souza on mediate@herts.ac.uk go.herts.ac.uk/mediation

Hertfordshire Law Society Gazette

Editorial News

Hertfordshire Law Society Prize

T

he Hertfordshire Law Society Prize is awarded by the University’s Board of Examiners for outstanding performance by a second-year law student. It was instituted by Hertfordshire Law Society in 1997, and has been awarded each year since then.

Students do not make an application to be considered for the award.

All second-year law students are automatically considered, and the winner is invited to attend the Society’s AGM in November to receive the prize

from the President of the Society.

Hertfordshire Law Society is a non profit-making association. As such, its funds are limited, and thus the prize consists of a modest cheque. However, it is hoped that winning this prize will enable a deserving candidate to display his or her achievement when seeking future employment.

The Society highly values it connections with the University and we work together in a number of ways, thereby benefiting both students and

the legal profession in and around Hertfordshire. The Associate Dean (international) of the School of Law currently sits on the council of the Society, which greatly assists in developing a range of joint initiatives.

Senior representatives of the Society receive invitations to attend University functions, including graduation ceremonies. Such opportunities for access to local solicitors are valued highly by the students. The University also offers an extensive programme of local CPD events throughout the year to the Society’s members.

2014 Hertfordshire Law Society Prize or not she ultimately came to join the legal profession. Apart from an uncle who is just retiring from legal practice in New York, she didn’t have any family connections in the law, so she started with an open mind about which legal subject areas she might enjoy.

As it turned out, she has taken options in commercial law as well as intellectual property and company and employment law. She’s found the key thing for her is to sort out the main principles and, once she has that structure, she relishes fitting the detail around it.

But she isn’t just a bookworm! Amy has really enjoyed participating in mock trials in the University’s court room setting, including questioning medical students to help them learn how to give evidence. All that might suggest she would look to a career at the Bar, but she tells us her work experience in both branches of the legal profession has taught her that she enjoys working as part of team. At the moment, she is looking for a training contract at a commercial solicitor’s firm, probably in the City of London.

T

he Vice President of The Law Society, Jonathan Smithers, was delighted to present Amy Hewitt with the 2014 Hertfordshire Law Society Prize at the Society’s AGM in Hatfield, to which he was invited as guest speaker.

The first Amy knew about winning this prize was a telephone call following her success in the second year examinations of her law degree at Hertfordshire University. All students taking those exams are entered automatically for this prize, and the winner has the chance to join the Society to receive their award at our November AGM. Amy is a local girl, who went to primary school in Wheathampstead, followed by St George’s School in Harpenden.

She made a very modern choice to stay living at home and attend her local university. Law attracted her because she thought the skills she would learn would be really valuable and transferable, whether

▲ 10

In her spare moments, she enjoys observational drawing and swimming, as well as running through the Hertfordshire countryside.

Ginny Harrison Council Member Hertfordshire Law Society

Where is he now? Update on last year’s winner Readers will be interested to know that last year’s prizewinner, Adeoluwa Adesina, went on to gain a first class honours degree in Law. He has stayed on to complete a Master’s Degree, specialising in Commercial Law, and he then plans to complete his professional qualification.

Hertfordshire Law Society Gazette

Featured Article

A Better Way for Divorce Dennis Sheridan LLP MCIArb, past President of Hertfordshire Law Society, is a solicitor and senior partner of Dennis Sheridan & Co. He is also a collaborative lawyer and the Author of Family Law Arbitration, a judicially recognised alternative to the family law court, published by The Law Society in June 2014.

A

nyone who has experienced a judge picking over the bones of their matrimonial assets and deciding who gets what will tell the uninitiated that there has to be a better way. Ending one’s relationship and divvying up the finances can become a most unpleasant, laborious task within a court controlled process. There is a better way!

In fact, there are several alternative methods of resolving family financial disputes, such as mediation, collaboration (a specific type of round table meeting with Clients and their respective lawyers in which all four are wholly committed to achieving settlement) and Family Law Arbitration.

Family Law Arbitration In February 2012 Family Law arbitration became available in family financial disputes in England & Wales, and deals with family financial disputes. It means that married couples, civil partners and former co-habiting couples can have their financial and property disputes resolved together, if appropriate, the financial provision for children where there are issues, such as school fees and housing, by a highly qualified decision maker.

Arbitrators include retired Court of Appeal, High Court and Circuit Judges, District and Deputy District Judges, Queens Counsel, Barristers and Senior Solicitors who are specialists in dealing with Family Financial Disputes Family Law Arbitration is approved by the judiciary who accept and recommend this method of dispute resolution.

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

The Benefits of Arbitration Arbitration in a family financial dispute has many benefits including: • The parties select their Arbitrator from a panel of qualified Family Law Arbitrators.

• The Arbitrator, once appointed, is involved throughout the matter from the time they are appointed until conclusion of the dispute.

• Arbitration is confidential.

• It is flexible in its process (working out with the parties such matters as dates, times and location of hearings, and working with the parties as to what is most convenient to them) resulting in speed and costs savings compared with conventional litigation. An Arbitrator could agree with the parties to sit in the evening if that was more convenient to them. Few judges will sit after 5.30 pm- not because they are unwilling but because court security will want to close the building for the evening.

• It has the ability to deal, where necessary, with all the disputed financial matters of the parties or, if required, just one or two of those matters if it assists in enabling resolution of the other financial matters.

• Arbitration can and does assist parties who are involved in other dispute resolution methods, such as mediation - particularly where a matter has arisen and is possibly preventing the other financial or property matters from being settled. The Arbitrator can, in such a situation, be appointed to adjudicate on that matter, and their decision being final and binding, concludes that specific dispute, thus enabling the other matters before the mediator (if any) to then be resolved.

An Active Role in the Process The other great benefit of Family Law Arbitration is that the parties take an active role in the process and are not just sitting on the sidelines.

The courts today are overwhelmed with people who act in person (“Litigants in Person”) and it therefore takes the court considerably longer to deal with their

case as a result. This causes long delays and disruption to the court system in general, and the parties, who may have a case already in court together with those who have cases to be heard, sadly have to get in the queue and place their lives on hold for what may seem an interminable time until their case is heard.

The President of the Family Division of the High Court, Sir James Munby, recently made it clear that Family Law Arbitrators’ Awards would be fast-tracked through the court system with a dedicated Judge appointed to deal with such matters. This is because, although the Arbitrator ’s Award represents the resolution of the dispute, a court order approving it is currently required to render the award effective and enforceable. Sir James stated, however, that it would be unusual for a court not to accept the Arbitrators Award, as the Award would have been granted by specialist lawyer who is highly qualified and experienced in Family Financial Disputes and the Award itself will set out in writing the rationale behind the Arbitrator ’s decision.

Sir Peter Singer, a recently retired senior High Court Judge, who remains very influential in Family Law, commented when describing the possible benefits of an alternative arbitration process: “The parties themselves,” he says, “can feel far more involved in shaping the resolution of what is after all their dispute, rather than being made to feel that they have become a piece of litigation luggage on a long and congested conveyor belt limping with fits and starts to a final Court hearing.” Arbitration, he adds, is more of a fast track where “if you choose to take only hand luggage, you won’t be bumped off the flight!”

The contention here is that arbitration works as effectively for those travelling economy as it does for all those privileged folk in first class.

E: drs@sheridan.org.uk T: 0208 950 6768

11 ▲

Editorial EARLLS

EARLLS – the East Anglian Region Local Law Societies meeting together

T

he meeting on 11th December was too late for a report to appear this time. At the meeting on 4th September, Hertfordshire Law Society were represented by the President, and Hertfordshire Law Society Administrator Emeritus, Graham Spittle, was also in attendance as EARLLS’s Assistant Administrator. Here he reports.

Because the re-booked speaker, Adam Sampson, the Chief legal Ombudsman, withdrew again, and at less than 24 hours’ notice, it was not possible to find another speaker for the event. The additional time was, nevertheless, usefully employed in discussing EARLLS business; particularly the arrangements for a social after the next meeting on 11th December.

There was also discussion on the usual topics of Compliance Officers working breakfasts, Regulation, the Access to justice campaign, ABSs, Conveyancing and Litigation

Particularly worthy of mention under Regulation was the point that the SRA consultation on Professional Indemnity Insurance had come at the worst possible time, and created uncertainty in the insurance market, which had interfered with this year's insurance renewals. It was noted that the Legal Services Board had declined to approve the reduction in the compulsory minimum for professional indemnity insurance and the proposal had been deferred for 12 months, and this was considered an unfortunate period to choose, as it would have the same effect on next year's renewals.

In connection with the Access to Justice Campaign, the Meeting reflected upon the wake-up call from the speaker at the June meeting (see report in the Hertfordshire Law Society Gazette for October 2014) and noted the Government had had to defer their proposed deadline for firms to bid for second-tier (Police Station) criminal legal aid contracts. It was also understood that there had been 175 applications for exceptional funding in family cases, of which only six had been accepted.

Under Conveyancing, The Law Society’s conveyancing portal was discussed and it was noted that an address on the subject by the Vice President of The Law Society was to be held at the University of Hertfordshire on 23rd September.

[If any members of Hertfordshire Law Society would like more information about the topics discussed at EARLLS meetings, or would like to suggest any matters the Society might take up with future speakers at EARLLS meetings, they are invited to contact the Hertfordshire Law Society Administrator or any of the Society's Council Members.]

▲ 12

Professional communications for professionals www.epc.gb.com

Hertfordshire Law Society Gazette

News

An Autumn Afternoon Tour of the Houses of Parliament

Past President and regular columnist, Charles Duchenne, reports on a visit to the Houses of Parliament by Hertfordshire Law Society members, their families and friends.

T

his charming photograph shows the intrepid group from the Hertfordshire Law Society, who braved the “airline style searches” at the entry to the Houses of Parliament on Saturday 11th October 2014 to take a guided tour of both Houses of Parliament in the Palace of Westminster.

Rufus. Its roof, constructed later, is one of the largest hammer beam roofs in existence. Westminster Hall was used as the law courts until the construction of the Royal Courts of Justice in the Strand in the 1890s. It was the scene of the trial of Charles I, Sir Thomas More, and many other political prisoners.

The photograph (courtesy of your now President, Richard Atkins) was taken in Westminster Hall, the main surviving part of the old Palace of Westminster which was burned down in the 1830s to be replaced by the edifice (there is no other suitable word) with which the world is familiar.

The tour took one hour forty minutes, the guide being very knowledgeable about the history of the buildings which were designed by architect Charles Barry, assisted by Augustus Pugin, who was responsible for the almost overpowering decoration, under the supervision of the Prince Consort, Prince Albert, the husband of Queen Victoria.

Westminster Hall was constructed by order of William II, William

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

The tour begins with the gallery

into which the Queen comes at the state opening of Parliament (Queen’s Robing Room), from there into the Royal Gallery, Prince’s Chamber, House of Lords (with the Woolsack), then into the Central lobby, Members’ lobby, Aye lobby (where the members of parliament voting in favour of a motion are counted), House of Commons, ending with St Stephen’s Hall and a visit to the shop where House of Commons champagne and chocolates can be bought.

It was a well worthwhile visit which can be thoroughly recommended.

It is hoped that further visits which are open to ALL members of the Society and their families will be organised. As can be seen from the photograph, children are welcome.

13 ▲

Editorial Social Events

Annual Dinner 2015 Hatfield House, Thursday 18th June We are delighted to confirm that the 2015 Annual Dinner will take place in the beautiful Tudor Old Palace at Hatfield House – the childhood home of Queen Elizabeth I.

P

lans are well underway for this year, and we look forward to welcoming you, your colleagues, clients and guests at the Society’s popular annual summer event.

Save The Date!

More information will be available in the next few weeks and will also be given in the April edition of the magazine.

If you would like or need further information at this stage, or if you would like to reserve a table in advance, please contact the Society’s Administrator, Judie Caunce – 01582 765006 or admin@hertslawsoc.org.uk Hatfield House is 7 miles North of the M25 motorway (junction 23) and 2 miles East of the A1(M) (junction 4). Hatfield railway station is a very short taxi ride from Hatfield House.

Hatfield is on the Cambridge to London route, and is therefore easily accessible by train from Royston, Baldock, Letchworth, Hitchin, Stevenage and Welwyn. Kings Cross to Hatfield takes 20 minutes.

▲ 14

Hertfordshire Law Society Gazette

Editorial Conference Report

The Expert Witness Institute Conference 25.9.14 “Expert Witnesses - Fit For Purpose” ...Yes - They are!

T

An article by Phillip Taylor MBE, Richmond Green Chambers

he Expert Witness Institute (EWI) returned for its 14th year to the excellent facilities of the Church House Conference Centre next to Westminster Abbey on 25th September 2014. Well over 150 experts and members of the legal community participated in a day full of legal updates, expert training and practical information, workshops and question and answer sessions.

It will come as no surprise to read that this year’s Conference was another excellent event which surpassed all my expectations for its content, clarity and the overall pleasantness of the experience. It is nice to attend an event which people clearly like coming to without feeling they are pressed into it!

The Conference, chaired again so well by Amanda Stevens, reviewed recent legislative changes (the Jackson reforms and LASPO to name a couple) and to anticipate how these issues will shape the legal landscape with the inevitable effect on the role of experts for the future.

The main aspect of the EWI Conference which I believe is its greatest selling point is the great practical benefit it gives to the attendees that I spoke to throughout the day. The detail contained in each of the sessions and the contributions from the attendees made the day well worthwhile and, as is often the case, it is extremely difficult to select the important high points so I will settle for the main guest presenters again although I have no wish to denigrate or limit the tremendous value of all those who participated.

LORD DANIEL BRENNAN QC Dan Brennan probably needs no introduction to most of the audience although younger lawyers will probably remember the name from his time as Chairman of the Bar Council at the beginning of the century. He came to the Conference with a series of important points and some proposals which are much in keeping with our current legal concerns. It was a vintage sparkling talk, both penetrating and thought provoking, with all the usual policy ‘suspects’ present including the continuing debate on future legal aid funding.

Brennan’s short survey of DNA evidence and the implications on liability issues for experts were useful areas to begin his main theme which I took to be fairly substantial proposals for the future on training. Such proposals can be summarized simply as the need for law firms to achieve a greater understanding of the economics of the law and the need for training by both legal professionals and experts and he welcomed the developing role of the Judicial College.

He also expressed the view that there is a public expectation

▲ 16

today in ‘seeing and knowing everything’ whilst at the same time that ‘the law will do its best to get it right’ when making decisions. We have the basic policy which I prefer to call a “legal fiction” that ignorance of the law is no excuse but you try telling the client that! So training and education are the keys I took away with me.

A certain modern reality is what ran through Brennan’s presentation with his ‘fit for purpose’ theme which will inevitably require training, re-training and genuine education uplift akin to the ‘Public Legal Education’ concept which will probably become even more pressing in the immediate future.

The last word from Dan Brennan must be on legal aid cuts which he described as “extremely crude”, “insensitive”, and “monetary based”. I am glad he said what most attendees were thinking and of course we had no Coalition Government speaker to respond… which was probably a good thing this year after the Solicitor General’s carefully constructed speech in 2013 which was at least ‘listened to’.

THE PANEL SESSION- A VIEW FROM THE BENCH The next session deserves some comment for its high content and thought alone. It was chaired by Michael Napier in conversation with Mr Justice Ramsey and Mr Justice Coulson and the questions and answers were what I believe many attendees found of great value (as long as some of them did not have to raise them themselves!).

It is pleasing to say that “hot tubbing” made its regular appearance (I am a firm supporter of it as an evidentiary device) and Ramsay J made the observation that the principle of access to justice must be at a ‘proportionate cost’ which is a kind way of saying that we all have to tighten our belts a bit as the shrunken budgets are unlikely to expand in the immediate future. Michael Napier was, of course, an assessor to the Jackson Review so those reforms featured prominently in some of the questioning.

One important theme which will almost certainly develop next year is the philosophical change on the ‘contingency fee’- this issue is going run and run after the turmoil of Conditional Fee Agreement (CFA) introduction and its uneven history to date where successive governments have not been able to get the ‘no win, no fee’ concept right: at least that is the view of the ‘some’ and possibly the ‘many’.

ADDRESS BY SIR ANTHONY HOOPER Another highlight for me was the excellent contribution from Sir Anthony Hooper who reprised his role from 2013 and built upon the themes of where the EWI is going as chairman. Institute members will be very familiar with Hooper’s position on most issues from his columns in the journal so I don’t intend to repeat

Hertfordshire Law Society Gazette

Conference Report

what he said but merely to compliment him on the sage direction in which he is taking the EWI as change is clearly on the way in the longer term.

Members of the Institute will also be well aware of the current ‘Agenda Setting’ which the EWI will need to revisit for experts to remain fit for purpose in 21st century and that is the linked functions of training, accreditation and probable regulation at some level or other in the future. It remains a recurring theme and one I believe will have to be decided upon before too long.

PROFESSOR ADRIAN ZUCKERMAN It is always a pleasure to hear from Lord Zuckerman and he did not disappoint. I was fortunate enough to corner him beforehand during the coffee break in an attempt to ascertain the strength of his views on maintenance of the accusatorial system of justice which we continue to enjoy in England and Wales. His spot centered on “comparative perspectives of civil procedure” and set the afternoon off to a good start after a splendid lunch. My main concern with this highly erudite academic lies with his obstinacy over any change towards an inquisitorial system but he did explain his stance to me, and to the audience.

Zuckerman made the strong point that virtually no jurisdiction in the world would abandon the accusatorial system pitting Counsel against Counsel to arrive at a decision. He did give way a bit on the new model for the Family courts, admitting to me that there are circumstances where ‘an informed preliminary view’ from the judge may set the parties on the right track towards a judgment by consent but it looks as though much of Zuckerman’s theses, especially in the notes attached to his presentation, remain the current orthodox position on retention of the accusatorial process. And of course he did contribute to both Woolf and Jackson, being influential in shaping the judicial approach to some key issues, so his views remain of the highest quality.

Hot tubbing does remain the best example of a modern approach which, whilst putting more pressure and responsibility on the judge, helps to refine the relative positions of the experts when they are both together in the box giving their concurrent evidence. Yes, it is the inquisitorial process by the back door to some, but it does work!

THE LATER AFTERNOON The final sessions which I am not dwelling on so much this time were all of a very high quality and covered much of the day-to-day concerned which experts face, including “Getting Paid Post Jackson” (always of interest to all!) with EWI Governor, Kay Linnell, John mead and Steven Green. Mediation also showed up- probably more of a statutory requirement these days unfortunately- with presentation by Frances McCarthy and Tim Wallis, sub titled ‘another string to your bow’ for that is really what mediation is to the professional.

International matters were not excluded for we heard from Dr Thomas Walford, Alan, Anderson, Carol Ludington and Phillip Mead on “Expanding your horizons- Going international”

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

to advertise the global village we now belong to. The ever excellent Suzanne Burn together with Patrick Walsh brought up the rear with the expert guidance update and if you have not seen her notes, do so as they are of great value as a true expert. I should say that this year all the sessions were audio recorded so attendees can listen to what was said at the event to refresh the memory. It is always of use because it can be quite surprising how much one does actually miss with all the things which take place on these occasions.

The pack of papers which the EWI always produces was really first c lass this year and I found the slides from the PPPs a great guide through some of the heavier sections of some of the presentations.

AFTERWORD I did not attend the dinner but I understand that it, like the Conference was another great success and both the enthusiasm, good humour and sense permeated the entire day.

This is the second year I have attended the EWI and I found as in 2013 that many issues still remain to be decided as to the direction in which the Institute will go. One thing is sure: it is a Conference not to be missed by anyone who has any requirement to use or be involved with experts.

Emmerson A S S O C I A T E S

Forensic Science Services, Accident Investigators and Expert Witnesses

F

or over 26 years, Emmerson Associates has maintained their leading position within the Forensic Science sector by drawing on the vast experience of their dedicated team of Forensic Consultants who provide a wide range of services for clients throughout the UK and abroad, dealing with many serious and high profile cases. Some of their experts are accredited experts for the ICC at The Hague.

Our services include: • EXHIBIT EXAMINATION • AUDIO, VIDEO, HANDWRITING

• MOTORING OFFENCES • PRIVATE INVESTIGATIONS

Collectively, our forensic experts and accident investigators have many years’ experience within the Government forensic laboratories, as well as Police and private practice. This knowledge enables us to provide reliable and independent forensic science services, as well as acting as Expert Witnesses.

A sign of the esteem in which Emmersons experts are held is evidenced by the number of commissions received to re-examine cases previously examined by the Crown’s experts. We review this work and report upon it.

Emmerson Associates, 9 Stephenson Road, St. Ives, Cambridge PE27 3WJ Tel:+44 (0)1480 460 116 Fax:+44 (0)1480 460 117 Email: info@emmerson-forensic.co.uk

17 ▲

XPC services provides expert witness advice and written reports to both prosecuting and defence counsels in drug related criminal and similar cases. Our clients include the Crown Prosecution Service (CPS), Police Authorities and many private solicitors.

The expert witness Dr Mould has an extensive and broad knowledge in the action of drugs on the body and the way in which the body deals with drugs once they are taken. He is therefore qualified to answer queries regarding clinical pharmacy, clinical pharmacology and toxicology.

The experience With over 40 years of experience in the Pharmaceutical Industry and National Health Service and 5 years of providing comprehensive reports and oral evidence in court, Dr Mould is ideally placed to advise you on your drug therapy enquiry.

The question For a representative selection of questions, please go to recent queries. This gives an idea of the range, but it is by no means comprehensive and we would aim to advise on situations where almost any type of medicinal and non-medicinal compound is involved. Please contact us directly:

tel: +44(0)1483 685785 fax: +44(0)1483 573704 www.xpertwitness.co.uk XPC Services, The Surrey Technology Centre, 40 Occam Road, Guildford, Surrey GU2 7YG

Mr Gerald J Jarvis F.R.C.O.G., F.R.C.S. (Ed) Consultant Obstetrician & Gynaecologist Offers experience in Expert Witness work in clinical negligence and personal injury in all areas of Obstetrics & Gynaecology, but especially in the complications of childbirth and the complications of gynaecological surgery.

Instructions accepted on behalf of both Claimant and Defendant.

10 Harley Street, London W1G 9PF Tel: 01491 412 111 Fax: 01491 412 121 Email: gerryjarvis@hotmail.com

Advertorial

Dadcheck Gold A

t the dadcheck®gold DNA testing service, we have recently noticed a surge in the number of prospective parents wishing to enter into a surrogacy arrangement with an overseas mother. There are significant grounds for arguing caution in these arrangements, not least because there are cases where the intended parents are not at all linked genetically to the child born (or to be born) under the “surrogacy agreement”.

The identification of a reputable clinic (the chosen route for many) can be tortuous and if your clients wish to go down this path, we strongly recommend that steps are taken to establish the genetic link. Indeed, this is perhaps one of the reasons why the involvement of dadcheck®gold is increasingly requested by the legal profession.

Surrogacy contracts are not enforced by UK law and are only legally binding in a small number of countries. Entering into a surrogacy contract overseas can be a very lengthy and complicated process which is heavily dependent on a number of situational factors. Also of importance, besides the obvious issue of the child’s passport, is the need for a UK based parental order which transfers legal rights from the surrogate.

There are two types of surrogacy which present different legal implications: The first, “traditional” surrogacy, or artificial insemination, involves insertion of sperm into the fallopian tube of the surrogate mother, who will consequently be the biological mother of the child. As a result, the surrogate mother must agree to a series of legal obligations transfer her rights as the parent of the child to the individual(s) who have opted for surrogacy. The second, “gestational” surrogacy, more commonly known as in vitro fertilisation (IVF), involves implantation of an externally fertilised embryo where the biological parents do not involve the participation of the surrogate mother; therefore the child and the surrogate mother are biologically independent of one another. Whilst the embryo may have

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

one, both, or neither parents as participants in the surrogacy, under UK law the mother and father of the child is the woman who gives birth to the child and the man she is married to at the time of conception. Therefore, if the overseas surrogate mother is married, although the prospective parents’ names should be on the child’s birth certificate, the child is not necessarily recognised as automatically eligible for British nationality.

The parents must apply to the Home Office for registration of said child as a British citizen before applying for a UK passport. On the other hand, if the surrogate mother is single, such an application to the Home Office is unnecessary provided that the father has provided evidence that he is genetically related to the child.

Both of these possibilities require the use of accredited DNA paternity testing, as this is imperative to confirm the biological father of the child and, ideally, also the biological parentage of the mother if the surrogacy is gestational. DNA paternity testing is mandatory evidence to support a passport application for the child to become a British national and must be completed by one of the DNA testing services on the list provided by the UK Ministry of Justice*, such as dadcheck®gold.

Our dadcheck®gold service provides accredited testing for the legal profession and social services and we regularly liaise with the Home Office and various embassies worldwide to provide advice and DNA evidence in such matters.

The Foreign and Commonwealth Office provide a PDF document detailing international surrogacy on their website. * https://www.justice.gov.uk/courts/paternity-testing/paternity-test For more information, contact us via: Tel: 0191 543 6334 Email: sales@dadcheckgold.com Fax: 0781 231 1282

19 ▲

Editorial Press Release

Law Society research: millions of Britons have no will

T

he representative body for solicitors has now warned that the consequences of dying without a valid will can be dire for those left behind.

The research revealed that 73 per cent of 16-54 year olds don’t have a will, while 64 per cent of people over the age of 55 have made their final wishes clear in a will. The research also found that men are more likely to have a will and keep it updated than women. ‘£8m went to the government because people had not written a will’

of people draw up a will for one for one of these two reasons.

‘I wrote a will after nearly dying in a hotel swimming pool’ One respondent said nearly dying in a holiday swimming pool compelled them to write their will, while another said they didn’t want their estranged wife to inherit anything. A high number of respondents said they had a will drafted following a divorce.

Last year, £8m went to the government because people died intestate.

The biggest reason people do not have a will is because they do not believe they have anything worth leaving (34 per cent).

Twenty-three per cent of respondents wrongly believed that without a will, their possessions would automatically go to their family.

Regionally, the highest rate of people with a will is in the South East of England (46.9 per cent), whilst nearly 6 out of 10 people in Wales don’t have a will.

It is estimated that by 2018 the government will receive nearly £6bn from inheritance tax. But by careful planning, such as leaving money to charity, those with a will can substantially reduce the amount of inheritance tax that becomes liable or even alleviate it all together.

Inheritance tax can be a lot higher without a will.

Law Society president Andrew Caplen said the figures are extremely concerning: ‘Thousands of people die every year without making a will or without a properly drafted will. These figures show just how bad the problem is.

‘Dying intestate not only means your final wishes will probably go unheeded, but the financial and emotional mess is left for your loved ones to sort out. This need not be your final legacy.

‘Making a will is usually a very simple process but we urge people to use a qualified, insured solicitor because he or she will be able to spot the nuances that could lead to trouble later on if not properly addressed.’

In a separate recent survey conducted by YouGov, 71 per cent of people said that they would be more likely to use a WIQS-accredited law firm. The Law Society’ Wills and Inheritance Quality Scheme provides a best practice quality mark for wills and estate administration advice that consumers can trust.

The biggest motivators for people writing a will are seeing the negative implications of not having one, and ‘feeling old enough’. Nearly half (47.2 per cent)

▲ 20

Hertfordshire Law Society Gazette

Editorial Press Release

Law Firms strongly against Law Society Case + Practice Management proposal 9

9% of l a w fi rms su r v e y e d d is a g r e e w ith The Law Soc i e t y’s vi e w of e n d o r s in g o n ly o n e o r tw o c as e + pr ac t i c e ma n a ge m e n t s o f twa r e su p p lie r s In a su rv ey by t h e L e g a l S o ft w a re S u p p lie rs Associa t i on ( L S S A ) 2 3 6 o u t o f 2 3 7 s e nio r represe n t a t i v e s of o v e r 2 0 0 l a w fi r m s s a i d t h e y w e re oppose d t o t h e L a w S o ci e t y ’s p ro p o s a l t o h a v e o ne (or a v e ry sma l l n u m b e r o f) p re fe r re d s u p p l i er/s o f case an d p ra c t i c e m a n a g e m e n t s o ft w a re t o t h e le gal professi o n .

Early i n 2 0 1 4 t h e L a w S o c i e t y b e g a n a t e n de ring process t o en d o rse o n e p re fe r re d s u p p l i e r o f c as e and p ra c t i c e ma n a g e m e n t s o ft w a re . T h e LSSA im medi a t el y pri v a te l y t h e n p u b l i c l y re g i s t e re d its opposit i o n t o t h i s, th e re a s o n s fo r w h i ch a re d e taile d in t he O p en L et t e r o f 1 0 t h Ap r i l 2 0 1 4 (s e e Ap pe ndix 3 below ) . S e v e ra l t i m e s t h e L S S A re q u e s t e d m ee tings wit h th e L a w S oc i e t y t o d i s cu s s t h i s i s s u e b ut was not su c c essf u l i n o b t a i n i n g a m e e t i n g . It has sub seq ue n t l y t ra n sp i re d t h a t t h e L a w S o c i e t y is no w look ing t o a ppo i n t m o re t h a n o n e p re fe r re d s u p p lie r, but t he l e ga l p ro f e ss i o n i s v i r t u a l l y u n a n i m o u s in its opposit i o n t o t h i s p ro ce s s .

Chief E xec u t i v e o f t h e L S S A, R o g e r H anc o c k com me n t s: “ D i v erse C a s e a n d P r a c t i c e Ma n a g e me nt solut ion s re f l e c t th e re q u i re m e n t s o f t h e le gal professi o n f rom t h e s m a l l e s t t o t h e l a rg e st, the specia l i st n i c h e f i r m s a s w e l l a s t h o s e i n g e ne ral pract ic e . T h e L a w S o ci e t y s h o u l d t a k e n o t e o f its mem be rsh i p ’ s v i e w s re g a rd i n g a p re fe r re d s up p lie r of cas e a n d pra c ti c e m a n a g e m e n t s o ft w a re . The professi o n d o es n o t w a n t t h i s , a n d co n s i de rs it t ot ally i mpra c t i c a l fo r a v a r i e t y o f re a s o n s . We c all upon th e L a w S oc i e t y t o a b a n d o n t h i s s ch e m e that t he ind u st ry i s so a g a i n s t . ” At t ac h e d t o t h i s pre s s re l e a s e a re s e v e r a l c o m me nts from surv e y resp o n d e n t s , fu r t h e r c o m m e n ts are availab l e t o v i ew. O n e e x a m p l e i s : “ C a s e m a n a ge me nt soft wa re a n d pa c ka g e s v a r y v a s t l y i n t e r m s o f p ric e and rel e v a n c e t o a p r a ct i c e . F i r m s s h o u l d b e giv e n t he op t i on t o c h o o s e o n e t h a t i s re l e v a n t to and afforda bl e by t h e m . On e s i z e d o e s n o t n e ce s s arily fit all. ”

findings the Law So c ie ty p re s s o ffic e m ade no c o mme nt.

About the Legal Sof twar e Supplier s As s oci at i on (LSSA) The Le ga l So ftw a re Supplie r s A s s o cia tio n ( LSSA) is the UK indus tr y b o dy fo r le ga l s ys te ms devel opers a nd ve ndo r s .

R e pre s e nting mo s t o f the le a di ng U K s upplie r s , the LSSA s e ts a nd ma inta ins pro f essi onal s ta nda r ds w ithin the le ga l s o ftw a re indus tr y, and al so ma na ge s a re a s o f mutua l inte re s t b e tw e e n la w y ers and s o ftw a re pro vide r s . The LSSA is co mmitte d to de vel opi ng cle a r cha nne ls o f co mmunica tio n, s o tha t la w fi rm s can ga in the ma ximum b e ne fit fro m the ir s e le cte d sof t ware s o lutio ns .

THE HAMPDEN CONSULTANCY Building services (M&E) consulting engineers ---------------------------------------------------------Specialisms include: Heating installations Hot & cold water services Chilled water & condenser water services Ventilation & air-conditioning systems (including issues pertaining to operating theatre suite ventilation) Thermal insulation (in respect to its selection & application to mechanical engineering services) Testing & commissioning of mechanical engineering services Maintenance of mechanical & electrical engineering services (or rather the lack of it!)

Preparation & application of contracts or sub-contracts, in respect to both the installation of mechanical & electrical engineering services and/or the maintenance thereof Professional negligence claims involving M&E consulting engineers Statutory and/or regulatory compliance issues Design audits Due diligence reports Condition surveys & reports Expert witness reports Acting as a Single Joint Expert ---------------------------------------------------------41High Street, Prestwood, Great Missenden, Buckinghamshire, HP16 9EJ Tel: 01494868868 Fax: 01494866775 Mobile: 07768497005 E-mail: expert@thehampdenconsultancy.com Website: www.thehampdenconsultancy.com

When a ske d t o c o m m e n t o n t h e L S S A’s surv e y

▲ 22

Hertfordshire Law Society Gazette

Editorial Advertorial

Take the 'Search Alert' challenge...

Time is precious and time is money but in conveyancing, shortcuts and inadequate research on your clients’ investments can end up costing a lot of time and a lot of money as well as emotional distress!

Search Alert

?

Ball Clay

OK

Brine Extraction

OK

Cheshire Brine

OK

CO2

OK

Coal

OK

Crossrail

OK

Energy Exploration

OK

Flood

!

High Speed 2 Rail

OK

Limestone

OK

Radon

OK

Solar Farms

OK

Subsidence Risk

OK

Wind Farms

OK

W

ill their picture postcard countryside view be replaced by that of an enormous solar park or multiple turbine blades from a large wind farm?

Will that beautiful landscaped garden that swung their decision to buy the “home of their dreams”, be at risk because of collapse due to underground issues?

The fact is, that neither of these situations or any other negative surprises should arise if conveyancing searches are undertaken thoroughly using the “Search Alert” tool available on our Geodesys ordering website.

Flood Potential flood risk in the area based on historical and insurance claim data.

You may want to consider the following searches: Homecheck Professional Flood Report

Not only does it take out the guesswork about which risks might exist, it is simple and easy to use and can give a very quick but thorough initial assessment of all the conveyancing searches that should be considered to help identify risks about prevalent and known issues in the proximity and location of the property or land identified.

How does Search Alert work?

Once you have entered the name/ number, town and postcode of the property you are searching against, potential risks are identified and it highlights which reports may be helpful in assessing the extent of the

risk and any impact on the property transaction.

Which risks are covered?

Search Alert currently identifies eleven areas of risk. These are flood, coal, radon, limestone, ball clay, Cheshire brine, brine extraction, High Speed 2, subsidence, energy exploration and windfarms.

How do you know what areas merit further investigation?

Any known potential risks are highlighted in a table on the left hand side of the ordering page on the Geodesys ordering website, with the appropriate search highlighted within the usual list of packages and products. You can get further details on the risk(s) by clicking in the table or on the exclamation icon next to the relevant search. Please note that if you are ordering a package, the recommended search will be highlighted in both the package list and the product list.

A final note We know that you will find Search Alert invaluable as it enables you to provide your clients with the right information at an early stage in the transaction process. This allows them to understand any issues which may affect their enjoyment of the property and enables them to take appropriate steps to safeguard their investment.

Nobody likes nasty surprises so take the ‘Search Alert’ Challenge it’s free and it’s a “no brainer”!

For more information on Search Alert and the full Geodesys range of nationwide conveyancing searches, please visit www.geodesys.com or contact customer.services@geodesys.com or telephone 0845 070 9109.

▲ 24

Hertfordshire Law Society Gazette

C time

www.derbylaw.net

25

Editorial Press Release

Stamp Duty Land Tax - major changes for residential property

T

he calculation of stamp duty land tax (SDLT) for residential properties changes on 4 December 2014.

The new rates, which apply where purchases are completed on or after 4 December 2014, are set out below. Each new SDLT rate will only be payable on the portion of the property value which falls within each band (rather than tax being due at one rate on the entire property value).

Transitional rules apply where contracts are exchanged before 4 December but the transaction completes on or after that date. In that situation, buyers will be able to pay SDLT under the old rules or the new rules, whichever is more beneficial for them.

▲ 26

Key points This is a move from a 'slab' to a 'slice' system.

Changes take effect for transactions completing on or after 4 December 2014 (with transitional rules for those who exchanged contracts before that date) The reform affects residential property transactions only. Commercial property transactions are unaffected.

SDLT will be cut for 98 per cent of people who pay it and everyone buying a house for up to £937,500 will pay less or the same SDLT as under the current system.

The new rates will apply to homes purchased in Scotland until 31 March 2015. After this date the Land and Buildings Transaction Tax (LBTT) replaces SDLT in Scotland.

New rates Under the new rules, tax will be charged at a marginal rate on each slice of the consideration for a transaction: 0% on any amount up to £125,000 2% on any amount over £125,000 up to £250,000 5% on any amount over £250,000 up to £925,000 10% on any amount over £925,000 up to £1,500,000 12% on any amount over £1,500,000 Anyone who exchanged contracts before 4 December (and completes on or after that date) can choose whether to use the old or the new rules simply by entering the appropriate amount of tax on their land transaction return.

- See more at: http://www.lawsociety.org. uk/news/stories/calculation-of-sdlt-majorchanges/#sthash.9BHFuW0T.dpuf

Hertfordshire Law Society Gazette

Editorial Book Reviews

Book Reviews

LEXCEL INFORMATION MANAGEMENT TOOLKIT 2nd edition THE LAW SOCIETY Practice Management Standards ISBN: 978 1 907698 76 7 www.lawsociety.org.uk A NEW EDITION FROM LAW SOCIETY PUBLISHING: BEST PRACTICE IN INFORMATION MANAGEMENT FOR LAW FIRMS - WITH ACCOMPANYING CD ROM In today’s competitive trading environment, the practice of law is a business as well as a profession, especially following the full implementation of the Legal Services Act 2007. This concise and informative new publication from Law Society Publishing tells you how to achieve best practice in information management, which it refers to as central to the effective operation of any legal business.

The toolkit makes an interesting point that will be obvious to some but not to others: in other words that ‘information management’ is not a precise term’ and that no official definition of it exists. But precise or imprecise, the term is not the same as – and not to be confused with --‘information technology’ (IT), which is only a part of any given information system. Once you recognize this distinction – and the overlap between, say, IT systems, information systems and business systems, you’ll be better able to manage your information management procedures and processes.

But if you think you already know all there is to know about such processes as, for example, e–mail, internet access policies and website management, this book tells

▲ 28

you more. The relevant template documents are included on the accompanying CD ROM which you can customize to suit the specific requirements of your practice. The book and the CD are purpose designed to update you on continuing developments in information technologies as they impact on and enhance the efficient operation of legal business.

which IP meets IT -- and which examines the linkage, between the two, of nonprofit organizations (NPOs).

Author Jyh-An Lee, who hails from the National Chengchi University, Taiwan, explains in the preface that ‘intellectual commons’ are intellectual resources (common to all ) which anyone can use, either without permission, or with permission granted in advance.

This new second edition of the toolkit explains in detail the latest and most important changes to ‘Information Management (Section 4) of Lexcel Standard v5’. It is suitable, however, for any legal practice, whether Lexcel accredited or not. Besides up-to-date examination of new policies on social media and website management, there are sections on cloud computing and mobile devices.

It’s subsequently pointed out that protecting these resources has ‘been one of the most important goals of recent innovation and information policies’ and that ‘public interest advocates have also sought ways to expand access to various online intellectual resources,’ in other words, the intellectual-commons environment.

As mentioned in the Preface, information management is a vast topic -- hence the number of useful references for your further information and research. If you are in any way involved in information management for your law firm -- particularly if it is a larger firm – you need this toolkit. The publication date cited as at 2013.

The focus of the book is on the role of NPOs in this process worldwide. In the opinion of the author, NPOs have certain unique features that enable them ‘to serve important social aims that neither the private sector nor the government can adequately fulfill’.

The author concludes that ‘by clarifying the role of NPOs in correcting contract failures in the digitally-networked world, the book illustrates how the trust provided by (said) NPOs is indispensable for commons governance’.

And here’s something we didn’t know: a number of ‘for-profit’ companies including Google and IBM have, according to the author, successfully built new business models by recognizing and embracing the nature of the commons.’

NONPROFIT ORGANIZATIONS AND THE INTELLECTUAL COMMONS

By Jyh-An Lee ISBN: 978 1 78100 157 8 www.e-elgar.com ‘A NOVEL THEORY OF NPOs AS PART OF THE IP ECOSYSTEM’ – Mark A. Lemley -- Stanford Law School Here’s an important new legal treatise in

It would appear that, so far, the role of NPOs in the intellectual environment worldwide has been somewhat neglected in legal literature and it is this oversight that this book seeks to address. In so doing, it certainly presents a dizzyingly broad and impressive range of research to substantiate its central thesis.

There is a massive bibliography no less than nine pages long at the back of the book and an extensive index which enables the researcher to cross-refer.

Practitioners as well as scholars and researchers in intellectual property as well as IT will appreciate the author’s quite original perspective NPOs and their role in supporting the production of intellectual commons.

Hertfordshire Law Society Gazette

Charity

SBA - The Solicitors' Charity Many applicants advise that they have known about SBA for most of their professional lives, often via their own local law societies. However, the charity is associated with more traditional types of support for older or disabled people.

SBA does of course still help former colleagues but, as the profession’s own charity, it has also geared services in readiness for market contraction. One new pathway is to provide free careers support, underpinned by short-term financial help to boost people’s chances of getting back into work, either in the law or not. Subject to a confidential test of income and savings, solicitors who qualify for financial assistance can join a threemonth programme which offers holistic career, job search and wellbeing support, all provided by a single professional consultancy. SBA also wants to help create financial breathing space for colleagues who need that extra bit of support at the right time – for example, covering the costs of removal expenses for a family looking to downsize their home.

The next few years could well be grim for many in the profession but, with support organisations standing by to help, it is possible to see some light at the end of the tunnel. Don’t wait to hit crisispoint – act now. Visit www.sba.org.uk for further information, telephone 020 8675 6440 or email bensec@sba.org.uk.

N

ot a week seems to go by these days without more speculation in the legal press about how uncertain the future is for small firms, sole practitioners and those in legal aid practice. For organisations like SBA the Solicitors’ Charity, however, it’s clear that starker times arrived quite some time ago. SBA Beneficiary Secretary Dervilla Carroll explains, “We regularly take calls from solicitors affected by redundancy and shorter hours. In many cases, all their savings have been used up, the home is on the verge of repossession or already gone and debts are spiralling out of control. It’s not unusual to see people sofa-surfing, living in temporary bed-and-breakfast accommodation or moving back to live with an elderly parent.

One former partner is currently living in his car while trying to sort out job interviews.”

It’s obviously not pleasant to muse on what it’s like to move from comparative prosperity to £72.40 a week, the level of Jobseeker’s Allowance. However, some of the research shared

by LawCare suggests that lawyers are uniquely well qualified in the art of denial. Solicitors who are buried in the detail of heavy workloads and managing their own clients’ expectations don’t necessarily recognise when they themselves need to ask for help.

As professionals who excel at taking control in chaotic situations, solicitors are often overwhelmed when, despite their best efforts, they cannot influence a particular outcome. Professional and personal relationships start to crack and, as both SBA and LawCare know only too well, families can blow apart as a result.

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

29 ▲

Editorial Event Review

The Annual Bar Conference 2014 'Celebrating Excellence...' ... and they certainly did!

A review by Phillip Taylor MBE of Richmond Green Chambers

L

et’s start with the venue! A different one and very pleasant this year! The Westminster Park Plaza in London is new and spacious offering a most international feel for visitors. The Conference took place in the basement areas and held the usual mix of formal key note speeches and break-out sessions. A tip for the newer barrister is to go to the ‘early bird’ session at 8:15 which was well attended (even for that hour of the morning). The subject was ‘pro bono’ assistance: quite often the first topic of the day. You get more CPD points if you need them for this session but do remember to sign in to each session to collect the hours.

With any Conference review, it’s a matter of selection from the vast collection of different things happening so I am going to pick highlights. From the ‘early bird’ session, I was particularly impressed

by HHJ Laura Harris who mentioned the introduction of a Mackenzie friend form to be completed in some county courtsI hope this policy is extended. Such a snippet of information was one of many which make the day particularly useful, especially in those practice areas which currently experience particular sensitive issues such as the increase in the number of litigants in person.

The Conference was opened admirably

by Richard Atkins QC who set the tone for the day highlighting individual sessions.

The theme was ‘celebrating excellence’ and who better to do so than our Bar Council chairman for this year, Nicholas Lavender QC. It was very much the sort of speech we wanted to hear because of what he covered. Readers of ‘Counsel’ can see a potted version of the 9 page speech (also on the web) but his theme was the Bar as it is today.

Then we moved to the keynote address from Lord Hughes of Ombersley. You cannot read his speech so I noted some highlights of what he said in what was a most thought-provoking and interesting set of points. As has been said before, attendance at a Bar Conference is actually a highlight of the legal year just so you can

▲ 30

hear the most senior lawyers tell us what we actually want to hear, warts and all: and that we are good. Hughes began by addressing the theme that “this conference is about you”. Yes, and then he gave some examples of how the true legal professional brings independent expertise and selfimposed disciple to the work we do.

Moving on, Hughes discussed how much reliance is actually placed on the work of the advocate. For instance, we, the advocates will ask ‘who is the judge?’ but we don’t really think that the judge will ask ‘who is in it (Counsel)?’ as though we might have forgotten the two-way street we walk upon.

I remember this from some marshalling during pupillage when I realised, sitting with the judges that they will do their own homework about who appears in front of them. So what happens in the robing room is probably well-mirrored in the retiring room: a point which we would all do well to remember. One point I did like was the possibility that a judge will form a preliminary view (as so often happens) then we come along and change it!

Those Break Out Sessions A lot of them! I visited each session briefly to gauge support/interest in the subject-matter. Attendances were generally very good although some were much higher than others. The morning sessions covered: LASPO one year on (very popular); making use of EU law in domestic courts (well attended); exporting excellence- a workshop for the junior Bar (newer members were well represented but we do need more Conference-goers who have just been called); human rights (very popular… what a surprise as this continues to remain such a big and controversial issue for us all); vulnerable witnesses in the Family Court (useful content but narrow for some); great criminal advocates and what we can learn from them (well attended in what is a very large room, and essential for members of the Criminal Bar).

The sessions after lunch were not so well attended as some had clearly left for the big rugby match but the sessions were

all of a very high quality and delivery: the Chambers’ Pension Scheme; combating FGM (disappointing attendance for what is such an important matter); the Bar Mentoring Service; conducting litigation (not as many people as I expected and the jury may still be out on whether this is a serious starter for some- unlike the public access scheme which is a clear success); achieving excellence in advocacy at the Commercial Bar (no, not an oxymoron and actually very good value); and mock trials and pre-recorded cross-examination and the questioning of vulnerable witnesses in the criminal justice system which were both very much “hands-on” workshops.

Finally, there were two sub-plenary sessions on expert evidence and ‘thinking outside the box maximising your potential as a Barrister’ (which probably says it all!).

By this time, I have to admit that fatigue does begin to set in a bit. Meanwhile, there was a good trip to be had around the exhibitions which are always enjoyable and the exhibitors both friendly and helpful.

The stalls were all extremely informative with the usual publishers and other regular exhibitors. This year, I saw that Inner Temple exhibited which interested me because they offer now a most useful service for potential barristers from the final school year students onwards who might wish to seek mini pupillage and find out what we do. Inner Temple set up system as a focal point for such interest to help secure such opportunities and it seems to be working well!

The final word goes to Sir Alan Moses. He chairs the Independent Press Standards Organisation having retired from the Court of Appeal. He summed it up really in a great ending when he said: “I hope the public appreciates the need to cherish and cultivate those who seek to provide powerful and independent advocacy”. Yes. The theme of the Conference is “celebrating excellence” and it did just that. Thank you to all concerned for such an informative day- do come next year because it’s worth it.

Hertfordshire Law Society Gazette