Herts Law 34

issue 34 Spring 2017

How’s this for a ‘Soft’ Brexit?

Hertfordshire Law Society Gazette

Committee members win ‘best cake’ in the Great Legal Bake - details in our HJLD section.

Also this issue: • Cyber Crime Seminar – 11th May • Arbitration and Family Law • UK Data Protection – Change is on the way • Law Society Library • and much more...

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Contents

Hertfordshire Law Society Gazette

Contents issue 34 Spring 2017

4

Council Members for 2017

13

Annual Dinner Booking Form

22

Ilott v Mitson –

4

Editor’s Comment

14

Introducing Neil Johnson

The role of insurance

5

From the President

17

UK Data Protection

22

LawWare joins the LSSA

6

Herts Junior Lawyers

18

The Law Society Library

24

Ten Disaster Recovery and

9

Cyber Crime Presentation

19

Past Presidents Dinner

10

Arbitration and Family Law

20

Budgeting & Proportionality

29

Retirement Income

12

Annual Dinner Invitation

21

Genealogical Research

30

Cyber Security

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Published: Spring 2017

Business Continuity Tips

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

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

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Council Listings

Council Members 2017 President Stephen Halloran Lawtons Solicitors (Hatfield) Crime

Members

Robert Bedford Machins Solicitors LLP (Luton) Employment

Vice President Attia Hussain Crane & Staples (Welwyn Garden City) Family Hon Secretary and Treasurer Laura Colville Debenhams Ottaway (St Albans) Private Client Immediate Past President Claire Sharp Debenhams Ottaway (St Albans) Private Client

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

(From January 2017 until 31 December 2017)

Penny Carey University of Hertfordshire (Hatfield) Academic Jeremy Chandler-Smith JCS Solicitors (Codicote) Sole Practitioner Judith Gower Hertfordshire County Council (Hertford) Local Government Steven Hamilton Taylor Walton LLP (Harpenden) Private Client

From the Editor

Cyber Crime Presentation – 11 May 2017

The Society is co-hosting an evening presentation on Cyber Crime by Sean O’Neil, Cyber Security Officer, Bedfordshire Police, on Thursday 11 May at Hertfordshire University. This is a free CPD event for members. However, places are limited so please be sure to register in advance. The event is jointly hosted by the Insurance Institute of Luton and St Albans and the Hertfordshire Law Society.

For further details about the speaker, the presentation and how to book, please see page 9 .

Annual Dinner – 15 June 2017 Plans are well underway for the Annual Dinner on 15 June at Hatfield House, and we look forward to welcoming you to this very popular event in the Society’s social calendar. For further details and to reserve your tables, please see the invitation and booking form on pages 12-13. For additional information or queries, do please contact admin@hertslawsoc.org.uk The Hertfordshire Law Society Prize

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 Amanda Thurston Curwens (Hoddesdon) Family Samantha Worth Tees Law (Bishop’s Stortford) Commercial

National Council Member

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

the Society. As you may know, I run an events planning business, which focuses on the legal profession. Last year was an incredibly busy for Events Plus with some substantial conference events from new clients. Luckily for me the trend looks set to continue for 2017 and beyond which makes it difficult to dedicate sufficient time to manage the HLS administrative role.

I have really enjoyed my three years in post, particularly working with my colleagues at the council meetings, and organising the annual dinner; it has been a pleasure to meet with many of you at the social events and seminars. I am also indebted to Simon Castell and David Coffey at East Park Communications who have held my hand throughout my first foray into the role of magazine editor.

I do hope I leave the Society’s administrative records in good order for my successor, and that the Society continues to flourish.

Of course, if you are looking to organise a client-facing event for your firm, I would be happy to help you (!). So I do hope this is au revoir, rather than farewell.

With all good wishes.

Judie Caunce Administrator & Membership Secretary Enterprise House, 5 Roundwood Lane Harpenden, Herts AL5 3BW

Au Revoir

T: 01582 765006 M: 07775 652578 E: admin@hertslawsoc.org.uk or jac@events-plus.co.uk

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Judith Gower

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

The Hertfordshire Law Society Prize (formerly the Marcus Godman Prize) is awarded at the dinner to the Trainee who has achieved the best results in the LPC exam during the preceding year. Please be sure to nominate your trainees and add their details to the dinner booking form.

This Spring edition of the magazine will be my last as I stand down from my role as Administrator / Membership Secretary for

Parliamentary Liaison Officer

Hertfordshire Law Society Gazette

Editorial

From the President...

Membership One of the perennial questions that Local Law Societies pose themselves is how to maintain/ increase membership. With the many demands on time/money faced by individuals and Firms, we recognise that the Hertfordshire Law Society (HLS) needs to provide value for the membership fee.

To promote and maintain HLS, the council has resolved to increase the number and scope of the events we are running, and to reach out to those Firms who have not joined thus far, and Solicitors working in-house.

Colville, is relocating and we thank her for the commitment she has shown to HLS over the years and wish her well for the future. Secondly, our current Administrator & Membership Secretary, Judie Caunce, is also stepping down from her role. As with Laura, we will miss her commitment to the cause, but again leaves with our best wishes.

I hope that the next column I write will be congratulating the membership on their support for the May Cyber Security event and a successful Annual Dinner in June (Information and Booking form on pages 12-13).

Stephen Halloran President, Hertfordshire Law Society StephenHalloran@LawtonsLaw.co.uk

One of the break-out sessions that is being held at this year’s Presidents & Secretaries Conference is on the theme of attracting membership from the in-house sector. This timely session should provide some ideas that we hope to be able to use to inform our decision making later in the year. Our current Vice-President, Attia Hussain, and Secretary, Laura Colville, have kindly agreed to attend and feedback on the event.

Cyber Security Presentation – 11 May You will read elsewhere about a joint event on Cyber Security we are running with the Insurance Institute for St Albans & Luton on Thursday 11 May at the University of Hertfordshire. This is part of a programme of events that we are looking to run over the forthcoming year to ensure that what we offer to members is a service that they will find useful.

What we do need from members is the support for these events.

Immediate Past President, Claire Sharp, congratulates Stephen Halloran and hands over the chain of office to him as the new President of the Hertfordshire Law Society 2017.

It is very easy at the end of a long working day to take the easy option and head home, but without your support for events it makes the task of creating a vibrant local society even more difficult.

If we can showcase what we do and evidence that the events we put on our worthwhile, it then becomes easier to attract and maintain new members. So, I hope that you will be able to support our first Spring event to enable us to use it as a springboard for the future. Please see page 9 for details on how to book your place.

Farewell It is with regret that we are losing two key members of the current council team. Firstly, our Honorary Secretary, Laura

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

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Editorial HJLD

Herts Junior Lawyers Division

I

t has been an exciting few months for the Hertfordshire Junior Lawyers Division. The Committee (consisting of Faye, Tom, Laura, Aisling, Elizabeth, Keshia and Olivia) has, with a little help from our friends at Flying Egg Media, created a brand new website which we are all very proud of. Please visit us at www.hertsjld.co.uk

So what have we been up to so far in 2017?

Annual Quiz Night We kicked the New Year off with our Annual Quiz Night in aid of the Rennie Grove Hospice. The evening was themed ‘superheroes’ and was a huge success. Together we managed to raise over £440!

This is a fantastic amount which goes a long way to providing care and support for those who need it. Particular thanks to our Quiz Master, Helen, who did a wonderful job at coming up with ‘superhero’ themed questions. Congratulations to the winning team from Debenhams Ottaway.

Right: HJLD Chair Faye Judkins and member Annie Blake at the Superherothemed quiz night Below: The Winning Team from Debenhams Ottaway

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Hertfordshire Law Society Gazette

HJLD

The Great Legal Bake Committee members Tom (Vice Chair) and Elizabeth (Treasurer) entered the Great Legal Bake to raise money for the London Legal Support Trust / Welwyn and Hatfield Citizen’s Advice Bureau and their BREXIT masterpiece (pictured) won ‘Best Cake’.

The London Marathon Continuing with the theme of good deeds, committee member Laura has signed up to run the Virgin Money London Marathon to raise money for (and awareness of) the Mind Charity. Laura has lately featured in the Herts Advertiser discussing this and her recent brush with Royalty at the Heads Together training day. We are delighted to support her in her efforts and wish her success on the day!

five years post qualification. The Hertfordshire JLD (also known as the HJLD) welcomes any of the same who live and/or work in Hertfordshire. There is no fee to be a member.

Following in the footsteps of National JLD we have formed a friendship with the charity LawCare. LawCare are on a mission to promote good mental health and wellbeing in the Legal Community and we are delighted to be able to support their work.

The aim of the HJLD is to provide support, advice, information and networking opportunities as we develop our careers. To find out more please contact a member of the committee or email us on mail@hertsjld.com.

Faye Judkins Chair, HJLD mail@hertsjld.com faye.judkins@judkins-solicitors.co.uk

Young Professionals Networking Evening Our Young Professionals Networking event with Machins’ Next Generation Networking Group on the 23rd March was well attended.

Advertising your

Expert Witnesses

Annual Conference and Ball The National Junior Lawyers Division’s 10th Annual Conference and Ball is being held at the Law Society on the 8th April 2017.

Tickets may still be available for those who wish to attend.

Looking Forward The committee is in the process of organising a few exciting events over the next few months. We will be having an event with our Sponsors, Errington Legal, and another with Wesleyan as we head into the summer. We would ask anyone reading this to ‘save the date’ for the biggest event of the year falling on the last Bank Holiday in August. We are currently in the process of organising this but can confirm that the event will involve a boat, a party, and a voyage on the river Thames. More details to follow soon!

A lot of hard work on behalf of the committee goes into planning the events we host and we are so delighted at the enthusiasm we have received from our members so far – as the HJLD is nothing without your support. We hope that over the coming months that engagement in the HJLD will continue to grow. We would also like to thank The Hertfordshire Law Society who have welcomed us and our involvement in their committee meetings, allowing us to continue building a good relationship.

Andrew Munro BSc (Hons) CEng MICE MCIHT

I have over 30 years’ experience in highways design and construction, and I am an expert in the field of highway engineering and design.

My expert services cover all aspects of highway and civil engineering projects, from car park construction to motorway design. This includes reporting on technical details, working practices, statutory requirements, and industry good practice.

The way I work is to provide an initial opinion, then a thorough report if necessary, providing my opinion on the technical aspect of the matter in detail. I am fully familiar with the obligations on Experts placed by the Civil Procedure Rules.

I can provide expert analysis of: • procedural lapses • project pathway compliance

About The Hertfordshire JLD

• design and construction flaws

For those who are not necessarily familiar with the Junior Lawyer Division, it is a division of the Law Society that has its own independent voice. The National Division has an automatic membership for all LPC Students, LPC Graduates (including Paralegals), trainee Solicitors and solicitors all the way through to

• highway maintenance

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

• highway design and construction • contractual obligations

Munro Consulting 44c High Street, Chippenham Ely, Cambridgeshire CB7 5PR Tel: 0333 577 0073 or 01638 563627 enquiries@munro-consultants.co.uk

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Editorial Featured Article

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Hertfordshire Law Society Gazette

CPD Event

Cyber Crime Evening Presentation - Thursday 11th May 2017, 5.30pm Cyber Security and the prevention of cybercrime attacks are becoming more and more important for firms and companies of all sizes. The Hertfordshire Law Society, together with the Insurance Institute of Luton and St Albans, invite you to attend our Cyber Crime event. This is a free CPD Event. All Welcome.

About the Presenter: Sean O’Neil L.Lb (Hon) MSyl, Cyber Security Officer, Bedfordshire Police has an extensive law enforcement experience, having served for 30 years in the UK Police service. He was a fully qualified 'Senior Investigating Officer' (SIO), with vast experience in dealing with 'Critical incidents' and 'Crisis Management' affecting organisational reputation. These include: murder, kidnap, extortion, product contamination; and wider reputational incidents, such as slavery, large-scale frauds and internal matters.

Sean is now tasked to provide cyber security advice to business; to help prevent cybercrime attacks and to bring companies together to learn and tackle cyber enabled crime.

Who Should Attend: Anyone in or connected with the legal or insurance markets. This is particularly relevant to Solicitors, Underwriters, claim handlers, brokers and loss adjusters.

Learning Objectives: By the end of this session you will be able to discuss: •The nature and size of Cyber Crime and its continued growth; •How the Cyber Crime Unit can offer assistance to combat cyber attacks and cyber enabled crime; •The type of work undertaken with in-depth local and national examples of cyber crime; •Walk through the steps you should employ to mitigate the risks against the majority of attacks/threats.

Thursday 11th May 2017 5.30 p.m. Coffee and Registration 6.00 p.m. Presentation 7.00 p.m. Buffet and Refreshments

UNIVERSITY OF HERTFORDSHIRE Room W040 The Law School Building University of Hertfordshire De Havilland Campus Hatfield AL10 9EU

To Book: To reserve your place at this event please visit www.cii.co.uk/luton-st.albans

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

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Editorial Featured Article

Arbitration and Family Law Julian Bremner joined the Hertfordshire Law Society at the beginning of the year. He is a partner and financial arbitrator at Rayden Solicitors, specialising in medium to high value matrimonial cases.

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).

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.

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: 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; 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.

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; 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

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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 decision-making 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; 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; 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.

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.

Julian Bremner jab@raydensolicitors.co.uk

Actually, organising a business event can be painless (if you have the right assistance)

Events Plus owner, Judie Caunce, has spent most of her professional life in the legal sector – which makes her ideally qualified to provide a niche event management service for lawyers.

Judie understands the issues involved in working within partnership organisations, the confidential nature of legal business, and the high expectation of a flawless service.

Contact Judie on 01582 765006 or jac@events-plus.co.uk to explore the possibilities.

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■ 100% referenceability ■ 25 years' experience of the legal sector ■ Hallmark attention to detail ■ Local knowledge, international experience ■ A reputation for delivering successful business events Conferences - Seminars - Networking Receptions Milestone Events - Annual Dinners

Hertfordshire Law Society Gazette

Editorial Featured Article

Welcome to The Hertfordshire Law Society Annual Dinner Guest Speaker

Robert Bourns, President of The Law Society Drinks Reception in the Gardens Dinner in The Old Palace Presentation of the Hertfordshire Law Society Prize Entertainment…

Thursday 15th June 2017 The Old Palace, Hatfield House Tickets £50

Individual places or group bookings To reserve your table(s) please complete the booking form.

6.45pm for 7.30pm.

Carriages at Midnight.

Dress: Black Tie

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Hertfordshire Law Society Gazette

Booking Form

HERTFORDSHIRE LAW SOCIETY ANNUAL DINNER BOOKING FORM

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

13 â–²

Editorial Featured Article

I

Introducing Neil Johnson - your new Law Society Council Member

t is a genuine privilege to have been elected to the Council of the Hertfordshire Law Society.

As a newcomer to the Council, I am also delighted to have been given this opportunity to introduce myself to the members of the Society.

I did not read law as an undergraduate, receiving my first degree in Economic History and Geography from the University of Glasgow. Following graduation, I spent much of the next decade teaching English in Greece and Italy before returning to the UK in 2001 to take the Graduate Diploma in Law at Westminster University. I was then called to the Bar in 2003 and cross-qualified as solicitor in 2008.

My early legal career was based in London, where I spent more than four years with a leading white

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collar crime practice before taking up a position with a boutique commercial litigation firm. With the arrival of children I moved to regional practice based in Bedfordshire in 2010 before taking up my current position with HRJ Foreman Laws in January of 2016. I practise in civil litigation, advising clients in contractual, property and contentious probate disputes in particular. I have Higher Rights of Audience, and am a member of the Solicitors’ Association of Higher Court Advocates (SAHCA).

As with many practice areas, the world of litigation has experienced and continues to experience a period of significant change.

This has manifested itself partly in the drive for savings in the delivery of legal services to the public, through reforms in the

availability of Legal Aid, and also in the number of courts open to consider claims. Civil litigation practice has also been revolutionised by the Woolf and Jackson reforms on procedure and costs. In my view, one of the major results of this has been the increased emphasis on litigators to consider and advise their clients on appropriate forms of Alternative Dispute Resolution from the point that instructions are taken.

With further radical change on the horizon, such as the extension of the fixed fee regime to claims up to £250,000 and the promotion of the Short Trials Scheme, I would be delighted to hear from fellow litigators in Hertfordshire so that I might report their views and experiences to the Council and the Law Society.

Outside of work, I enjoy cooking and music. I also try to keep up my Italian and Greek, and I am an active member of the Italian Society of Bedford. Now that my playing days are over, I am also a qualified football and cricket coach with youth teams in Bedford.

I am really looking forward to being an active member of the Council, and helping to represent all those who practise as legal professionals in Hertfordshire.

Whilst I look forward to meeting members at one of the Society’s training or social events, please do not hesitate to contact me if you have particular issues you wished to be raised with the Council or indeed just to say ‘hello’.

Neil Johnson Neil.Johnson@hrjforemanlaws.co.uk

Hertfordshire Law Society Gazette

HLS Prize Winner 2016 J

emma James, who attended the AGM in November with her proud

Jemma

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

15 â–˛

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Featured Article

UK Data Protection Regime: Comprehensive Changes Are Just Around The Corner James Brawn is a solicitor in the Corporate and Commercial team at Debenhams Ottaway LLP, St Albans. In this article James considers the current UK data protection regime and the changes due to be made to that regime next year.

Introduction

C

urrently, the main data protection statute in the UK is the Data Protection Act 1998 (DPA). The DPA applies to the “processing” of “personal data”, both of which attract wide definitions.

Consequently, businesses operating in the UK which hold information about individuals (including employees and customers) are almost certainly affected by the DPA. Organisations cannot ignore their obligations under the DPA; breaches can result in adverse publicity, as well as potential civil and criminal liability.

To date, there has been very little publicity concerning the impending changes to UK data protection law taking place on 25 May 2018, which is when the EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) will take effect. In light of the current BREXIT timetable, the UK will be required to implement the GDPR. In the UK, the transposed GDPR will replace the DPA. The DPA itself is based on the Data Protection Directive (95/46/EC) which was introduced in 1995, a time where dial-up internet was gaining popularity, and Mark Zuckerberg was in the fifth grade.

Since then, there have been major advances in information technology and wholesale changes to the manner in which individuals and organisations communicate and share information with each other.

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

GDPR - The Key Provisions The GDPR is multi-faceted and has been published following a root and branch review of the existing EU data protection regime. The text of the GDPR is extensive, but some of the key provisions contained in it include the following: • Enhanced individual rights. These include facilitating easier access by individuals to their personal data, informing them in greater detail as to how their personal data will be used: a ‘right to be forgotten’ (where personal data is deleted because a data controller has no legitimate grounds for retaining it); a right of data portability (where individuals can request the transfer of their personal data to another service provider); and a right to object to profiling.

• Consent. Individuals’ consent to processing personal data must be freely given, specific, informed and unambiguous, and there must be clear affirmative action by the individual to show consent. It must also be as simple to withdraw consent as it is to give it.

Explicit consent will be required to the processing of special categories of data.

• Privacy impact assessments. These will be mandatory in certain circumstances, including where the processing of special categories of data takes place on a large scale.

• Data breaches. Where a data security breach occurs, data controllers must generally notify the Information Commissioner’s Office (ICO, the UK’s national data protection authority) without undue delay and, where feasible, no later than 72 hours after having become aware of the relevant breach. Data controllers will usually be required to notify breaches to data subjects without undue delay if the breach is likely to result in a high risk to the individual.

• Data protection officers. Certain organisations will be required to appoint data protection officers.

• Others may appoint data protection officers voluntarily. Data protection officers must have knowledge of data protection law and practice.

• Accountability. Instead of submitting annual registrations to the ICO, organisations will be required to maintain records demonstrating data protection compliance.

• Enforcement. The maximum fine the ICO can impose on organisations will be the greater of 2% of annual worldwide turnover for the preceding financial year or €10 million for violations relating to internal record keeping, data processor contracts, data protection officers and data protection by design and default. Maximum fines of the greater of 4% of annual worldwide turnover for the preceding financial year or €20 million can be imposed for violations relating to breaches of the data protection principles, conditions for consent, data subjects rights and international data transfers.

GDPR – The Potential Impact The potential impact of the GDPR on law firms and clients cannot be underestimated. Even after BREXIT takes place, in order to continue to trade with EU members, the UK will require a data protection regime substantially similar to that contemplated by the GDPR; therefore, these changes are likely to remain in place for years to come.

This is even more likely given that vast swathes of the GDPR text originate from Whitehall. Whilst the ICO is still in the process of publishing its guidance on the GDPR, steps should be taken now to ensure that the comprehensive requirements of the GDPR are understood, and appropriate organisational measures should be put in place so as to ensure future compliance with these requirements.

James Brawn jab@debenhamsottaway.co.uk

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Editorial Featured Article

The Law Society Library – How We Can Help You

Enquiries come from members working in all types of legal organisations - from small firm practitioners to Top 100, in-house, and government. The majority of enquiries we receive are either by email or telephone, so it does not matter where you are based, you are able to use our research service.

T

his article is an excellent overview of the services The Law Society provides to members - namely research, access to the collection, and a sameday document delivery service. It also includes details about an additional service they are looking to introduce on which they would appreciate feedback from Hertfordshire Law Society Members.

For the vast majority of research there is no charge. Charges only apply if research takes longer than 30 minutes and you will be notified well in advance if that is likely to happen. So, if you need research help please contact the library service on 020 7320 5946 or library@lawsociety.org.uk

law reports • Legislation - public general acts, local and private acts, plus access to original and amended legislation • Journals - a large collection of journal indexes and legal journals • Parliamentary - House of Commons papers from 1801 and Hansard debates from 1804 • Commentary - an extensive collection of up-to-date practitioner textbooks and looseleafs The library also provides 11 public access computers, including two for visually impaired lawyers, which provide access to Lexis, Westlaw, PSL and Justis.

Telephone and emails enquiry lines are open 09.00am - 5.00pm, Monday to Friday.

3. LawDocs Document Delivery 3. 3.

3. Service

Introduction

2. Collection Service

The Law Society library has one of the most comprehensive printed collections of law material in England and Wales. It provides three key services to all members of the Law Society, irrespective of type of organisation, size or location, to support their information needs.

The library provides members with access to one of the most comprehensive printed collections of law material in England and Wales.

The printed collection comprises of 55,000 volumes housed in a Grade 2 listed interior room at The Law Society in Chancery Lane. It is a reference only collection made up of: • Precedents - including EF&P, Atkins and a wide range of textbooks such as, Tristram and Coote • Law Reports - a wide range of law reports for England and Wales, smaller collections covering other British jurisdictions and a small collection of Commonwealth

LawDocs is the library's heavily used document delivery service, and deals with around 100 member requests for copies of legal information each month.

Providing it is within copyright, the majority of our collection can be emailed straight to your inbox, be it precedent material, law reports, commentary, or legislation. Alternatively, documents can be posted, sent by DX delivery, faxed or collected. The service can be used when documents are required for current judicial proceedings.

1. Library Research Service The library deals with about 10,000 member enquiries each year, covering a wide range of legal research from pointin-time legislation, finding precedents, case law, parliamentary material, locating articles, even genealogy.

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Email contact details are: lawdocs@ lawsociety.org.uk and the service is open 9.00am - 5.00pm, Monday-Friday.

As the library is fully compliant with

Hertfordshire Law Society Gazette

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the Copyright Licensing Agency (CLA), there is a copyright fee for using the service which is passed on to the CLA. 4. New Legal Research Training Service We are currently investigating the value to members of creating a library legal research service providing members

with practical training on the basics of legal research techniques.

This would cover how to use popular commercial services, such as Lexis and Westlaw, top tips to bear in mind when researching case law and legislation, and even more abstract training on areas such as legal genealogy. Training would tie in with

the SRA's competencies framework.

The project is in its infancy but if you have any thoughts on content, type of delivery, or may be interested in attending such a session then please contact the librarian: E: michael.maher@lawsociety.org.uk T: 0207 320 5696 M: 07548 678133

Past Presidents’ Annual Dinner

T

he Past Presidents of Hertfordshire Law Society gathered for their sixth consecutive annual dinner at the Red Lion, Digswell Hill on Thursday 23 February 2017.

It was a very enjoyable evening; a chance for old friends to put the world to rights, and to share stories and anecdotes of, in some cases, bygone eras.

The event was organised by David Bird (President in 2009) who was delighted to welcome 13 diners this year spanning presidential years 1988 – 2016.

Richard Debenham 1988, Bill Church 1992, Nicholas Belcher 1993, John Bartholomew 1998, Peter Kelly 2001, Marilyn Bell 2002, Paul Davies 2003, Graham Spittle 2005, Robert Bedford 2006, Brian Purser 2008, David Bird 2009, Jeremy ChandlerSmith 2014, Claire Sharp 2016 It would have been a group of 14 but Graham White (1994) was unfortunately defeated by traffic in Suffolk.

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

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Editorial Advertorial

Budgeting and proportionality issues in the spotlight again

A

rguably the two biggest issues in the costs world right now – the relationships between budgeting and detailed assessment, and between proportionality and additional liabilities – have continued to bubble with rulings from regional costs judges.

“If, when considering what is a proportionate figure, the success fee was included, the costs, as in this case, may well appear disproportionate. If reduced on a global basis, that would amount to a reduction simply on the grounds that, when added to the base costs, the total appears unreasonable.

Such an action would be contrary to the rules.

District Judge Hale in Nottingham explicitly agreed with the ruling last October made by District Judge Lumb in Merrix that budgeting does not stop detailed assessment.

“Further, the amended definition of ‘costs’ by excluding additional liabilities implies that they are no longer relevant when considering ‘proportionate costs’. To include them would be ignoring the new definition and would penalise a party solely on the basis that they acted under a CFA.”

In Bhojani v University Hospitals of Leicester NHS Trust, DJ Hale said: “Like Judge Lumb, I think the answer… has to be more nuanced than the claimant’s contention for a fixed figure and the defendant’s contention for an entirely unfettered entitlement to attack a bill on detailed assessment.

“The budget will be a strong guide to what will be allowed on a detailed assessment and, because the receiving party’s costs have already passed scrutiny once, the scope for further reduction might prove to be limited.”

Describing the budgeting stage as involving “a consideration of the landscape and assessment as a more detailed survey of the terrain”, he said budgeting was not intended to replace detailed assessment: “Had that been the intention of the rule committee, they would have made the appropriate and specific changes to CPR parts 44 and 47 and they did not.”

DJ Hale said: “It seems clear to me that, without an authoritative and binding ruling from the higher courts or a clear and unequivocal change to the Civil Procedure Rules, parties and judges alike will continue to operate in an atmosphere of uncertainty.

“Clarification and guidance is required urgently and, while I have reached a conclusion, I have not done so without significant hesitation. For those reasons, I have indicated to counsel that I shall readily grant permission to appeal and would hope that any appeal would be dealt with as speedily as possible.”

The judge said the budget would still be an important factor on detailed assessment – once a budget has been approved, he would be reluctant to reduce the receiving party’s costs on grounds of proportionality.

Meanwhile, District Judge Besford in Hull, an honorary vicepresident of the ACL, was faced with a bill split between pre- and post-1 April 2013 work, and recoverable additional liabilities.

The costs in Mather v Doncaster & Bassetlaw Hospitals NHS Foundation Trust had not been subject to budgeting. The total bill, including additional liabilities, disbursements, VAT and assessment costs, was £514,700, which on assessment DJ Besford reduced to £332,229.

He then had to consider proportionality.

He agreed with Master O’Hare’s 2015 ruling in Hobbs that the relevant figure to consider was the total figure as assessed. “It would be a selective exercise if the court was to ignore what could be a significant pre-April 2013 amount of costs. This is particularly pertinent given that there are likely to be ‘split’ bills going forward for a number of years.”

It would also be inconsistent with the way the court considers incurred costs, including those from before 1 April 2013, when assessing a budget.

The ATE premium, though different in nature to the success fee, should be treated the same as otherwise the court would introduce “a degree of inconsistency”.

As a result, he found the base costs of £72,253 plus counsel’s fees of £25,181, a total of £97,434, proportionate where £60,000 was paid out in damages.

DJ Besford granted leave to appeal, and was told that leave had also been granted in King.

AJA Legal Services AJA Legal Services have been trading for over twenty six years.

The Managing Director of the Company Avril Ashley, is a Costs Lawyer & Mediator with authorised body status which means that she can act for you in many types of cases in the Courts concerning legal costs.

She is a Member of the Association of Costs Lawyers and has their advocacy certificate and can therefore act for you without the need for a solicitor.

The service had been built on a friendly and reliable service with the personal touch, nothing is too much trouble and all bills of costs are taylor made and not from a computer programme so are individual to each case. This does not mean a quill pen is used! All bills, points of dispute/replies are prepared using up to date software and can be easily emailed to you to save time.

We deal with all aspects of costs including bill preparation both Legal Aid and Inter Partes and offer the following services: • Advice for both professional clients and litigants in person • Bill drafting/Claimant/Defendant • Budgets/drafting/advice, attendance at the costs management hearing • Points of Dispute • Replies • Attend detailed assessment hearings • Prepare for provisional assessment • Part 8 claims (costs only) • Solicitors Act 1974 Assessments • Court hearing (costs only) • Mediation • Commissioner for Oaths Contact Tel: 020 8302 2467 Fax: 020 8302 0130 Email: avril.ashley@ajalegal.com Twitter: @thecostlawyer LinkedIn: Avril Ashley A.J.A LEGAL SERVICES LTD Costs Lawyer/Costs Draftsman/Mediator 26 Midfield Way, Orpington, Kent BR5 2QJ

He decided that the total figure for these purposes should not include the additional liabilities, in line with Master Rowley’s ruling in King late last year.

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Hertfordshire Law Society Gazette

Advertorial

The industry is changing - A new approach to genealogical research

R

ecent media coverage has seen a number of high profile cases reported which have highlighted how clients have paid more than they should have for legal services. This has resulted in growing pressure on legal firms to make their client proposition as transparent as possible and, where possible, to offer services on a fixed fee basis.

One such case saw the Legal Ombudsman rule that a solicitor should refund £34,000 of the £37,000 fee that their client signed under a contingency fee agreement (CFA).

The Ombudsman ruled that the client had not been properly advised about the terms and effects of the CFA when signing a contract relating to work in a probate dispute case.

After a small amount of work had been completed and paid for, the client could not afford to pay any more upfront fees having been told that the litigation could cost up to £35,000. She then agreed to pay the firm 20% of any damages that they reclaimed on her behalf.

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Following a settlement, the client was billed £37,608, which was deducted from her inheritance, leaving her with £25,000. The Ombudsman said that there was no evidence of the ‘significant activity’ required to justify the firm’s charges in relation to the case.

Although this is an extreme case, reports of clients being overcharged as a result of firms not fully explaining their pricing structure are on the increase. This is one of the key drivers behind why clients are increasingly looking to firms to provide fixed fee services.

At Title Research we understand that this means that we need to adapt the way in which we offer our services as well, which is why we have listened to feedback from our clients and have introduced a new fixed fee pricing structure to deliver even better value for money.

We now offer fixed fees to locate missing beneficiaries and reconstruct family trees – not only in England and Wales, but also in overseas jurisdictions as well. If we are unable to locate a missing beneficiary, we

will provide a quote for insurance to protect against future claims. In the unlikely event that we can’t do this, we will waive our research fees completely so you won’t pay anything.

Tom Curran, Chief Executive at Title Research said: “Unfortunately, cases of unclear fees and overcharging are still all too common and something which we would like to see eradicated altogether from the legal sector.

That’s why we believe that any service we offer should be priced fairly, transparently and wherever possible, on a fixed fee basis. We will never charge contingency fees like many of our competitors as we feel this approach is unethical and unfair to the client.

Title Research always offers its services based on a price that is agreed before any work is undertaken – we believe this offers a clear solution and the best value for all involved.”

For more information Title Research’s services, visit www.titleresearch.com or call 0345 87 27 600.

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Featured Article

Ilott v Mitson – The role of insurance

T

he landscape surrounding the legal framework that currently applies to disappointed beneficiaries has been the source of much recent media attention as a consequence of the landmark judgment from the Supreme Court in the Ilott v Mitson case.

While this case has been ongoing, there has been a noticeable increase in the number of Personal Representatives seeking insurance cover for potential claims under Inheritance (Provision for Family and Dependents) Act 1975 (the Act). So has the judgment from the Supreme Court clarified the position with regard to the application and scope of the Act and how will it affect insurers’ willingness to offer this type of cover?

By way of an abridged reminder, Melita Jackson died in 2004, leaving the majority of her estate (approximate value of £500,000) to three charities – RSPCA, RSPB and Blue Cross. She was estranged from her daughter, Heather Ilott, and had omitted her from her will (leaving two side letters explaining her decision).

Consequently, Mrs Ilott made a claim under the Act and received £50,000. Mrs Ilott sought to appeal that decision and a cross-appeal by the charities quashed this award. Mrs Ilott took the case to the Court of Appeal, which overturned the judgment and eventually awarded her the funds to purchase her property and a capital sum on top (approximately £140,000 and £20,000 respectively). The Supreme Court has now set aside the Court of Appeal’s decision and reinstated the original £50,000 award.

The repercussions of this latest decision will be far reaching and insurers, like many others will be considering the implications of the judgment. Previously, as a rule, insurers were wary of indemnifying estates where a known individual, in the specified classes of potential claimants under the Act, had been omitted

from a will. This was especially true if the individual omitted is a child of the deceased.

So, while this type of cover was difficult to arrange prior to the Ilott case, it has become even more difficult to secure since.

This is understandable, given that a policy will typically seek to protect the insured (normally the Personal Representatives but can be extended to include the residuary beneficiaries as well) from the moment a claim is received by the insurer, whether it has merit or not. As such, and as can be seen starkly in the Ilott case, the time involved and costs of defending such a claim are not insignificant. While this is the first claim under the Act to reach the Supreme Court, litigation and settlement costs can be financially onerous, especially after the distribution of the estate.

In light of the above, an insurer has to consider the approach in relation to the extent of cover a policy will provide. For example, if a deceased had remarried and the new spouse had children from a former marriage, might they be entitled to claim because they were treated as the deceased’s child or were being maintained by them? Insurers might decide to exclude claims by them from the policy or if cover is required for such claims, extensive underwriting would need to take place and if the insurer is comfortable with the risk, it will have implications on the level of premium.

Consequently, most policies provide cover more for the comfort of the Personal Representatives ie where there are no known potential claimants but where there is a desire to distribute the estate more expediently and not to wait for the time for making claims under the Act to expire. Under the Act a potential claimant has six months from the date of the grant of representation to make their claim but also has an additional four months to serve papers on the Personal Representatives, so it could be up to ten months before an estate becomes aware of any

claim. It is worth noting that the Court has discretionary powers to permit applications after the six-month period, so the potential period may be in excess of the ten months.

So what options are there now for the legal profession? It very much depends on whether there are known potential claimants under the Act or not. While the Supreme Court’s judgment provides some guidance regarding claims and quantum under the Act, the decision and the comments of the judges demonstrate just how wide the court’s options are when considering such claims. In light of this uncertainty and what has been described as the unsatisfactory state of the present law, giving, as it does, no guidance as to the factors to be taken into account when considering such claims under the Act, insurers will continue to be cautious when considering cover in respect of known potential claimants.

Where there are no known potential claimants though, help is more readily available. In many instances it can be difficult for a Personal Representative, especially a professional one, to be certain that there are not individuals who would be entitled, or believe they should have been remembered, even if there is no suggestion of a potential claimant. As a result, some professional Personal Representatives in particular, can be reluctant to allow funds to be distributed within the ten-month period.

Peace of mind policies that allow early release of funds to beneficiaries and remove the risk to Personal Representatives of personal liability in the event of a successful claim under the Act, can provide comfort and certainty in uncertain times. Insurers will continue to be relatively comfortable with this type of risk and such insurance solutions will continue to be available, notwithstanding the Supreme Court’s judgment.

Neil Kevan Trust & Probate Underwriter Legal & Contingency Limited

LawWare joins the LSSA (Legal Software Suppliers Association) T

he LSSA is delighted to announce its newest member is LawWare Ltd. LawWare is the third legal software firm to join the LSSA in 2016. As the UK’s industry body for legal systems developers and vendors, the LSSA sets and maintains professional standards within the industry and manages areas of mutual interest between lawyers and software providers.

LawWare Managing Director, Warren Wander comments: “Together with the LSSA, LawWare is about to celebrate 20 years in the legal software industry. To mark this key milestone, we are very pleased to join the LSSA to raise our profile even further in the English marketplace and enjoy the benefits of a close association with other likeminded legal technology providers. Over the last 5 years we have experienced tremendous growth and LSSA membership will add greater credibility and weight to our brand.”

LawWare provides practice management technology to hundreds of legal practices in the UK. With offices in Edinburgh and Manchester LawWare improves the efficiency of law firm staff by making it quicker to achieve tasks.

Chairman of the LSSA, Julian Bryan comments: “With its pedigree, LawWare is a very welcome addition to the LSSA membership. We are very much looking forward to working with the LawWare team to help shape the future of legal technology in the UK.”

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Hertfordshire Law Society Gazette

Featured Article

HLS Prize Winner 2016 J

emma James, who attended the AGM in November with her proud

Jemma

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

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Editorial Advertorial

Top ten disaster recovery and business continuity planning tips

W

hen it comes to business, there’s no point in having a plan A unless you’ve got a plan B. While plan A might be the route to profits, plan B is the means of surviving, whatever challenges you come up against.

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

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

To clarify further, disaster recovery and business continuity plans are essential constituents of any business, not just technology companies. We all rely on technology to a greater or lesser extent.

Power, phones and internet are now an everyday given. But, there’s more than this to consider. Your workforce, for example. A norovirus could mean your business can’t operate effectively for a few days. Without a plan, then, you’re vulnerable and can easily be caught off guard, whatever your business type.

With a lot hinging on these two plans, it’s important to get it right. To help you in this gargantuan task, here are ten top tips…

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

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because you’re better equipped to cope during a real disaster.

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

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

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

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

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

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

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

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

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

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

Hertfordshire Law Society Gazette

Advertorial

to CCTV surveillance and fire alarms.

to analyse properly and modify your plan accordingly.

In your disaster recovery plan, map out the various contingency phases – response, resumption, recovery and restoration. This is a co-ordinated effort between all parties involved which will ultimately set out how exactly you’ll resume mission-critical operations in as short a time period as possible.

#9: Keep your plans up-to-date These are living and breathing documents, so make sure they’re current. Maintain and update them every time an element within your working environment or infrastructure changes and people with assigned responsibilities leave or join your business.

#8: Test the plans The only way to truly know if your plans are fit for purpose is to test them in as close to realistic conditions as possible. Regularly!

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

#10: Hire an outsourcing service and managed services provider (MSP) As a leading supplier of cloud-hosted case management and legal accounts software, and outsourced legal cashiering and payroll services, we’re bound to say this! But please hear us out…

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

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

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

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In the same vein, bigger companies

recruit teams of people nicely formed into departments ready-and-willing to cover for others’ work when the going gets tough. Conversely, SMEs tend to employ individuals performing core functions single-handedly. In the absence of that particular individual, the work simply doesn’t get done.

The solution is to instruct a third-party MSP, such as Quill. By becoming our client, you automatically inherit our business continuity and disaster recovery plans. Our software and outsourced services are delivered on a pay-as-you-go, software-as-a-service basis.

You pay an easily affordable fixed monthly sum all-in with 24/7 data access and yearround uninterrupted support.

Talk to us about disaster recovery and business continuity planning to safeguard your company and operate on a ‘business as usual’ basis, whatever pitfalls come your way.

With our input, you can quickly pick yourself up after the fallout. Email info@quill.co.uk or call 0161 236 2910.

Julian Bryan Managing Director Quill Pinpoint

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Advertorial

Lifetime Allowance

What could the further reduction mean to your retirement income?

T

he Government has introduced comprehensive reforms to the pension rules over the previous few years. One important change, which may have been overlooked by some savers, is the reduction of the Lifetime Allowance that applies to pension savings. This further reduction means that you may be affected.

When the Lifetime Allowance was introduced in 2006 (and in subsequent years when it has been reduced), following pension reforms, those with benefits valued in excess of the Lifetime Allowance have been able to apply for ‘protection’ to protect the value of benefits they have built up (and future benefits that may accrue) from tax charges.

Your private pension contributions are tax-free up to certain limits. This applies to most private pension schemes, for example, workplace pensions, personal and stakeholder pensions, and overseas pension schemes that qualify for UK tax relief. The Lifetime Allowance is a limit on the value of payouts from your pension schemes – whether lump sums or retirement income – that can be made without triggering an extra tax charge.

If you have accrued pension benefits since April 2016, Fixed Protection will not be available, so you should obtain professional financial advice to look at the options available to you.

INFLATIONARY INCREASES The Government has indicated that this allowance will increase each year in line with inflation (CPI) but only from 6 April 2018. It was reduced from £1.25m down to £1m from 6 April 2016. If you have more than £1m in your pension pot, you can apply to protect it against reductions to the Lifetime Allowance.

TAKING ACTION Whilst some people may not be affected by the Lifetime Allowance, it’s important to take action if the value of your pension benefits are approaching, or are above, the Lifetime Allowance . As pensions are a long-term commitment, what might appear modest today could exceed the Lifetime Allowance by the time you want to take your benefits TAX CONSEQUENCES Exceeding the Lifetime Allowance could have significant tax consequences, for example, any lump sum withdrawals you take from the excess amount within your pension are taxed at 55%, and if you retain the excess amount within your pension fund a 25% tax charge is made (and any income taken from the fund will be taxed at your marginal rate of Income Tax).

TAKING BENEFITS If you are already taking benefits from a pension, this will also impact your Lifetime Allowance. It is important to note that the allowance applies to the value of your pension when you eventually come to draw money from it (and not the value on 6 April 2016). This means that even if your pensions are currently worth well short of the new £1m limit, you could still be affected by the reduction and may need to take action now – even if you think the reduction does not really affect you currently.

WILL YOU BE SUBJECT TO THE LIFETIME ALLOWANCE TAX CHARGE? While £1m may sound like a generous sum, it is surprisingly easy to breach this limit, meaning that you could be subjected to a tax bill of up to 55% on some of your pension pot.

Whether you’re a saver in the middle of your working life or nearing retirement, it’s crucial you know if you’re on track to breaching the Lifetime Allowance. If you have any concerns and would like to discuss your situation, please contact us.

Philip Bailey Provisio Wealth Management

01462 687 337 pbailey@provisio.co.uk

PROTECTION BENEFITS

Tax treatment varies according to individual circumstances and is subject to change.

If you could be affected by the reduction in the Lifetime Allowance, there are some actions you could take to help protect yourself from this potential tax charge.

Provisio is authorised and regulated by the Financial Conduct Authority.

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Editorial Advertorial

Cyber security – protecting you, your firm and your clients’ funds

C

ybercrime, phishing, scam emails – unfortunately these are all too familiar phrases in our modern technology driven world.

In fact, cybercrime is now one of the most prevalent crimes in the UK with fraudsters using increasingly sophisticated tactics to infiltrate computer systems and divert funds.

Action Fraud, the national fraud and cyber-crime reporting centre, revealed last summer that a startling £1 billion was lost by businesses to online crime in the twelve months previous. The legal sector is a huge target, and it will come as no surprise that the large money transfers involved in conveyancing act as a significant draw for cyber criminals.

Research conducted by the SRA shows that a quarter of UK law firms have been targeted in one form or another by online fraudsters, with one in ten of those cases ending in the loss of client funds.

It is of upmost importance, not only from a compliance perspective, but also to preserve your reputation, that law firms remain vigilant in the fight against cyber-crime and are aware of

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the tactics that are being used to gain trust, obtain personal information and divert client funds.

Emails scams Cyber criminals will often seek to use the name and address of existing firms, and even the name of individual solicitors to confuse the intended target and get them to reveal sensitive information. These emails can be extremely difficult to detect amongst your usual communication to your clients, they can feature your logo and footer information and can even include links to websites that are cloned from your own to make them appear genuine.

Such emails will sometimes contain links or attachments which when clicked will download ‘Malware’, programmes which can allow them to harvest data directly from your computer.

In January of this year alone, the SRA scam alert system was triggered 15 times.

Keeping information safe There are, of course, steps that you can take to protect your firm and

your client from the risk.

If you use a cloud server to store information, as so many people do these days, you need to ensure that it meets with requirements of your regulatory body, that it meets your legal obligations under the Data Protection Act and that you have performed stringent due diligence to ensure that your data is secure from hackers.

You should also regularly review and update your Malware protection and ensure that all staff are fully trained in how to identify and safeguard against a cyberattack. Back up data and consider implementing a cyber security policy. If you receive a suspicious email, especially on a Friday afternoon, follow your instincts and check it out further.

How can PSG help?

The latest addition to our range of risk management products, our integrated AML solution from global id specialists GBG, includes an optional Bank Account Validation and Verification service. Accessible and usable worldwide, it checks bank account, name and address

details against the latest reference data – online and in real time to verify that the account belongs to the customer. The check will alert you when an entered bank account has been closed, when a match hasn’t been found or if account details known to be fraudulent are supplied, allowing you to protect all parties in the transaction.

Practice Support Services We have recently launched a range of Practice Support Services to assist in compliance and optimising best practice and performance. Working closely with Legal Eye and Training Eye we can offer support with your cyber-crime policies, data protection and IT security whilst ensuring that you and your staff are fully trained in understanding Cyber Security.

For more information on Practice Support Services, our AML solution or Bank Account Validation and Verification services: Email: nickwild@propertysearchgroup.co.uk Visit: www.psgconnect.co.uk or Telephone: 01707 386101

Hertfordshire Law Society Gazette

Featured Article

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