Hertfordshire Law Society Gazette Spring 2022 Issue 50

issue 50 Spring 2022

Annual Dinner, Save the date!

Hertfordshire Law Society Gazette

Details on page 8

Also this issue: • New Council Members Report • HLS Legal Excellence Awards 2022 • Your SQE questions answered • Loneliness in the Legal Workplace • Technology for Quality Compliance • Mewsings of a Princess & much more

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Contents

Hertfordshire Law Society Gazette

Contents issue 50 Spring 2022

4

Council Members for 2022

14

Flood Data Insights

22

Legal Coaching and Support

5

From the President

16

Mewsings of a Princess

24

Charitable Bequests in Wills

6

Council Member's Report

17

Badenoch + Clark Recruitment

26

Water and Drainage Reports for

8

Annual Dinner 2022 details

18

ACL Legal Aid Funding Plea

9

Legal Excellence Awards 2022

19

LSSA Anounces Media Partnership

28

Book Reviews

10

Your SQE Questions Answered

20

Probate Genealogy

30

Loneliness in the Legal

12

Technology for Quality Compliance

21

Homecare in the UK

New Build Homes

Workplace

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Published: Spring 2022 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 2022 President Steve Hamilton Taylor Walton LLP (Harpenden) Private Client

Members

Vice President Diana Kirsch University of Hertfordshire (Hatfield) Hon Secretary and Treasurer Jessica Moseley Debenhams Ottaway (St Albans) Immediate Past President Neil Johnson HRJ Foreman Laws (Hitchin) Civil Litigation

Marilyn Bell SA Law (St Albans) Family David Bird Crane & Staples (Welwyn Garden City) Private Client & Trusts Jeremy Chandler-Smith JCS Solicitors (Codicote) Sole Practitioner Paul Davies Hamilton Davies (Stevenage) Employment, Family and Litigation

Jessica Moseley Debenhams Ottaway LLP Probate and Trusts Dilpesh Shah Pellys Solicitors Limited Property & Commercial

(From January 2022 until 31 December 2023) National Council Member

The Law Society

Josephine Duchenne National Council Member for Hertfordshire and Bedfordshire (from 15th October 2021)

Relationship Manager – East Jack Dunkley Parliamentary Liaison Officer Judith Gower

Claire Sharp Debenhams Ottaway (St Albans) Private Client Christiane Colborn Elite Law Solicitors Gary Smith Nockolds Solicitors Limited (Bishop’s Stortford) Employment

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Hertfordshire Law Society Gazette

Editorial

From the President...

At last, Spring has arrived and we can all take pleasure in the lighter evenings and the abundance of beautiful British wildlife emerging from winter. And whilst we continue to be concerned by the unfolding troubles affecting our friends abroad, we can take some comfort in the knowledge that our fight against Covid is largely won.

The year is already passing at an alarmingly fast rate.

In January I attended the first meeting of the year of the Southern Area Association of Local Law Societies (SAALS) in Andover. Top of the agenda was the SRA consultation on closure of the Solicitors Indemnity Fund (SIF), with the deadline to respond to the consultation having closed on the 15th February. I am pleased to report that I responded to the consultation on behalf of the Hertfordshire Law Society and would like to take this opportunity to thank those members who contributed by getting in touch with their own representations. I do hope that many of you also responded on an individual and firm basis.

We will, once again, be presenting our inaugural awards with prizes being awarded for: • Junior Lawyer of the Year Award 2022 • Excellence in Client Services Award 2022 • Lifetime Achievement Award 2022 • Hertfordshire Law Society Community Engagement Award I would therefore urge you all to put pen to paper and find time to send in your nominations by the deadline, which is 13th May 2022.

I will sign off with a request to all our members who believe they may have something to offer the Council. If you believe you could serve the Council in some capacity then please do get in touch.

Steven Hamilton President of the Hertfordshire Law Society Steven.hamilton@taylorwalton.co.uk

I ‘virtually’ attended the High Sheriff Awards in March where Lionel Wallace DL, the High Sheriff of Hertfordshire, publicly recognised and rewarded thirteen Hertfordshire voluntary organisations. The annual Awards, now in their 27th year, celebrate the excellent work undertaken by charitable groups and individuals who have made a significant contribution to Hertfordshire’s communities.

On 24th March, on a rare warm and bright spring evening, I attended the ICAEW Beds, Bucks & Herts President’s Annual Dinner at St. Michael’s Manor Hotel, St. Albans.

Unfortunately due to a massive power outage that affected the whole of St Albans the evening was cut short. However, whilst the light allowed I enjoyed a drinks reception on the terrace with members of the Beds, Bucks and Herts business community.

This nicely brings us on to our own Annual Dinner which we will be holding on the 9th June at The Old Palace at Hatfield House. This will be our first annual dinner since 2019 and so I hope, like me, you all want to make up for lost time! I would therefore ask you to ‘save the date’ and really hope that we can have a big, celebratory night and focus on the positives ahead of us.

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

Untitled-1 1

06/10/2020 09:51

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Editorial Editorial

Council Member's Report

I

should like to introduce myself as the Council Member for Bedfordshire and Hertfordshire. I have taken over from Paul Davies who has had to leave Council because the profession voted to require that members of the Council who had served more than 12 years should retire. Following an election I took up my position on 14th October 2021 at the AGM.

courts to follow case law of the European Court of Human Rights, introduce a permission stage for human rights claims and restrict the ability of foreign national offenders to challenge deportation orders under human rights law. The consultation closed on 8th March 2022.

TLS submitted a full response and is engaging with key stakeholders.

I was a sole practitioner for almost 25 years in Bedford, initially doing civil litigation and latterly matrimonial and in January 2022 I moved to Susan Hall & Co in Hitchin, concentrating on family work. The matter of the proposed SIF closure was of considerable concern to me and I responded to the consultation as well as contributed to the debate.

Events: In the first quarter of 2021-22, TLS Events Team held 27 event, with 8,464 registered delegates, 4,030 live views and 2,562 on-demand views. Event satisfaction has remained high at 4.4 (out of 5). The Domestic Abuse Act webinar in December 2021 was the most popular event that year.

Since the beginning of the year there have been two Council Meetings on Teams and I also attended a SARLLS meeting with Steve Hamilton. There follows some of the main issues (known as Part One business, arising from the Council Meeting on 30th March 2022): Criminal Legal Aid Review In communications received both before and after publication of the recent consultation, the unmistakable impression had been given that proposed government investment in criminal legal aid rates for solicitors and barristers alike amounted to 15%, as recommended by Sir Christopher Bellamy and reinforced by the Lord Chancellor, Dominic Raab, in the House of Commons on 22nd March 2022.

On studying the detailed analysis of the proposals, it emerged that while investment for barristers amounted to 15%, the value of investment for solicitors was only 9%. The Law Society is now campaigning, engaging MPs and raising awareness for our members though social media and press coverage. TLS will continue to work hard to get the message across that continuous erosion of the criminal justice system is unacceptable and our members deserve to be treated fairly and with respect.

Please consider responding to the Ministry of Justice consultation Ministry of Justice consultation which ends on 7th June 2022.

Human Rights On 14th December 2021 the Lord Chancellor announced the Government’s plans to replace the Human Rights Act with a “modern Bill of Rights.” The Government’s proposals included plans to remove the duty on UK

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If you would like to contact me to raise any issues, please do so either at Susan Hall on josephine@susanhall.co.uk tel: 01462 427554 or josephine@duchennes.com / 01234 356678.

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Hertfordshire Law Society Gazette

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

25 ▲ Education

Herts 49.indd 25

S

F

rom September 2018 the University of Hertfordshire’s Law School will be

Both

27/04/2022 13:45

AGM Notice

Annual Dinner 2022 The Old Palace Hatfield House Thursday 9th June 2022

Save The Date!

We are delighted to confirm the return of the successful Hertfordshire Law Society Annual Dinner, to be held at the beautiful Tudor Old Palace at Hatfield House.

Tickets will be on sale soon, if not already!

Poweredbypie are our headline sponsors this year and the evening also incorporates our 2022 Legal Excellence Awards.

So make your nominations, buy your tickets as soon as they go on sale and we will see you there!

For further information and booking forms please email steve.hamilton@taylorwalton.co.uk

Hertfordshire Law Society ▲8

Hertfordshire Law Society Gazette

AWARDS 2022

HERTFORDSHIRE LAW SOCIETY LEGAL EXCELLENCE AWARDS 2022

T

he Hertfordshire Law Society Legal Excellence Awards return this year and will be presented at the planned Hertfordshire Law Society Annual Dinner on the evening of Thursday 9th June.

Junior Lawyer of the Year Award 2022

To be awarded to an individual who has shown an exceptional standard of work as well as great dedication in their role as a junior lawyer. They will be excelling in their role rather than just doing a good job, or making a significant contribution to their firm, their office, their clients and/ or their local or legal community in the early part of their career, raising their own profile or that of their team/firm and bringing flair, imagination and hard work to everything they do. This award is open to LPC students or LPC graduates (for example those working as a paralegal), CILEx students, trainee solicitors, and Solicitors or Chartered Legal Executives with up to 5 years’ PQE.

Excellence in Client Services Award 2022

To be awarded to an exceptional individual, team or firm, including sole practitioners, who have gone above and beyond to impact their firm and clients and is able to demonstrate excellence which has been recognised in Hertfordshire. This can include involvement in a lawchanging case, or having made an outstanding contribution either in their organisation or to their clients or the legal sector generally.

Lifetime Achievement Award 2022

To be awarded to an individual who has made an exceptional contribution to the legal profession, their firm and/or their clients during their career. The winner will have demonstrated a strong and dedicated commitment to the supply of high quality legal work for the benefit of individuals, organisations and the local region and/or notable commitment to supporting causes or projects in the local region.

Hertfordshire Law Society Community Engagement Award 2022

be nominated for this category. This award is intended to encompass the full range of corporate social responsibility, fundraising, access to justice and pro bono work undertaken by all individuals, teams, firms or sole practitioners.

This would include pro bono work undertaken by any university pro bono initiative.

Who Can Nominate?

Nominations can be made by any HLS member, for themselves or for someone else.

How to Nominate?

Please email steven.hamilton@taylorwalton.co.uk for a nomination form. Nominations will close on Friday 13th May 2022.

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

9▲

Education

YOUR SQE QUESTIONS ANSWERED Part 1 (the SQE assessments) • What is the new SQE route to qualification as a solicitor?

The route to qualification as a solicitor in England and Wales is changing, with the introduction of the Solicitors Qualifying Examination (‘SQE’). After a transitional period, SQE will replace the LPC as the main route to qualification.

Unlike the LPC, the SQE is not a prescribed programme of study; instead it is two sets of centralised assessments, set by the SRA and its appointed assessment body, Kaplan. SQE 1 is two days of single best answer multiple choice tests, designed to test candidates’ functioning legal knowledge in a broad range of practice areas.

Candidates who pass SQE1 can then register for SQE2, which are practical legal skills tests.

SQE is open to graduates of any discipline, law or non-law. It also replaces the Qualified Lawyers Transfer Test (QLTT) as the means by which overseas qualified lawyers can gain a licence to practice in this jurisdiction. In theory, aspiring solicitors can prepare for the SQE assessments with self-study alone; however there is now a general assumption, even seemingly on the part of the SRA itself, that almost all candidates will want to undertake some form of preparation course, and a wide variety of such courses are becoming available.

These are not regulated by the SRA, although institutions must register with the SRA in order to be able to use the descriptor ‘SQE’.

In order to complete their qualification, aspiring solicitors must also demonstrate two years’ Qualifying Work Experience, (‘QWE’). This will be the subject of part 2 of this article.

The SRA’s character and suitability requirements for solicitors continue to apply.

Comment: The breadth of the SQE assessment specification is not dissimilar to the LPC. The practice areas tested in the SQE1 assessment incorporate the core modules of a traditional undergraduate law degree or GDL, together with topics traditionally studied on the LPC [(see Box 1)].

BOX 1 - Areas tested in SQE1:

Business Law and Practice; Dispute Resolution; Contract; Tort; Legal System of England and Wales; Constitutional and Administrative Law and EU Law; Legal Services; Property Practice; Wills and the Administration of Estates; Solicitors Accounts; Land Law; Trusts; Criminal Law and Practice.

Ethics and professional conduct is pervasive throughout and taxation examined within certain practice areas.

The skills assessed in SQE2 are again similar to the skills assessed in the LPC (Client Interviewing, Advocacy, Drafting, Legal Research and Legal Writing), with the addition of a new skill, Case and Matter Analysis. These are tested on SQE 2 assessment days, in various legal contexts: Business, Property, Criminal, Dispute Resolution, and Wills.

Interestingly, and unlike the LPC, in the SQE2 skills assessments candidates are marked on not only the skill demonstrated, but also on their understanding of the relevant law.

In terms of rigour, the SQE1 assessments are closed book, in contrast to the LPC assessments where institutions could choose between open- and closed- book assessment methods. The timing of the SQE1 assessments is challenging, with 100 seconds allowed to candidates per question (excluding those with extra time under reasonable

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adjustments). The SQE 2 skills assessment days sound like a kind of legal bootcamp, with candidates assessed on up to four different legal skills each day over more than a week of tests (each skill is assessed more than once, in differing contexts). According to the SRA, the pass standard for both SQE1 and SQE2 is the level of a Day 1 Solicitor, whereas the LPC pass standard was that of a Day 1 Trainee.

Concerns have been expressed over the depth of understanding it is possible to demonstrate in the SQE1, multiple choice style assessment, in contrast to the longer written answers required in the core LPC assessments. Whilst it is emphasised that the SQE 1 assessment questions are (i) designed to test functioning legal knowledge (i.e. legal knowledge applied to hypothetical client scenarios) and (ii) are ‘single best answer’ questions (i.e. more than one option might be technically correct, but candidates are required to select the ‘best’ option for their hypothetical client), nonetheless it is undeniably difficult, if not impossible, to give a nuanced answer to this type of question, or to demonstrate an understanding of counterargument. It is hard to respond to these concerns; to an extent we will have to wait and see what type of candidates the new regime produces. It is however worth remembering that SQE candidates must have an undergraduate degree (or equivalent), which hopefully will have given them the opportunity to explore and develop these important critical and analytical skills before undertaking the SQE. This might be an area to explore with potential employees during the recruitment process.

Timing and transitional arrangements

The first SQE1 assessments took place in November 2021. If you are interested in the SRA’s analysis of the results of these, we would recommend listening to the highly informative SRA Webinar, ‘SQE1 – How the first assessment went.’ The first SQE 2 assessments are to follow in April 2022.

Some aspiring solicitors can still qualify under the established LPC / training contract route, under the SRA’s transitional arrangements.

In order to do so, a candidate must generally have begun studying a qualifying law degree (broadly, a LLB from a university in this jurisdiction), or GDL, in 2021 or earlier. Note that it is not the date of completion of studies which counts, but the date of commencement.

There is a useful eligibility checker, for determining whether a candidate may still qualify via the LPC route, here: https: //www.lawcabs.ac.uk/eligibility-checker .

Comment: Again, when interviewing potential employees who may wish to qualify in the future, their options and plans could be explored.

Importantly, an aspiring solicitor whose undergraduate studies are in a subject other than law (or in the law of another jurisdiction), cannot now qualify under the old GDL / LPC / training contract route, unless they have already begun their GDL studies (e.g. in September 2021). Firms which traditionally recruit non-law students in the 3rd year of their degree, should now prepare to support them through qualification via the SQE route.

For law undergraduates on a traditional, three-year degree programme, the last cohort of students who can be expected to have the choice to qualify via the LPC route, is likely to graduate in summer 2024. Students of this cohort will then presumably begin their LPC in September 2024 and their training contract in summer 2025. Where a firm traditionally recruits law undergraduates in the 2nd year of their law degree, this recruitment will be in academic year 2022/23. In the not-to-distant future, law graduates too will be expected to qualify via the SQE route.

Although the SRA’s transitional arrangements give a a long runout period for the LPC, bear in mind that commercially, institutions

Hertfordshire Law Society Gazette

Education

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may decide to stop offering it in a few years’ time, as the number of eligible candidates reduces.

• How can we adapt to the new SQE regime?

regime. There is nothing to prevent this in the new regime (see the SRA’s guidance, here: https://www.sra.org.uk/become-solicitor/ sqe/qualifying-work-experience-employers/ ). Indeed, this could count as the two year period of QWE for such individuals.

Comment: If not already doing so, firms need to begin adapting their recruitment and training processes to the new SQE regime. Consider sponsoring your trainees through an SQE preparation course, in place of the LPC. This will give them an introduction to the skills they will need in the workplace, and practice areas (including property conveyancing, wills and the administration of estates, and business law) which may not have been covered in their undergraduate degree. Some such courses also include training in more specialist areas, such as family law or employment law, which would traditionally been covered as electives on the LPC, but which are not assessed under the SQE regime.

• Remember that QWE can take place before or after undertaking the SQE assessments; due to the level of ‘Day 1 Solicitor’ in the SQE assessments, one school of thought is that the assessments should be undertaken at the end of the period of QWE, as the final step to qualification. Consider an arrangement whereby trainees work part-time in the workplace alongside studying an SQE preparation course. Alternatively, consider requiring candidates to undertake the SQE 1 assessments before joining the firm, then complete their 2-year QWE ‘training contract’ with the firm, then undertake the SQE 2 skills assessments in order to qualify.

For further information about the issues discussed in this article please contact Diana Kirsch, Associate Dean for Enterprise (D.Kirsch@ herts.ac.uk) or Kate Marriott, SQE Lead (k.marriott3@herts.ac.uk) at University of Hertfordshire. There is also a wealth of information about the SQE on the SRA’s SQE website, here: https://sqe.sra.org.uk/

• Your firm may be asked to sign-off QWE, by current and past employees seeking qualification. There is a lot of discussion going on as to the obligation of a solicitor or COLP in this position.

By signing off, you are not guaranteeing the competence of the individual to practise; you are merely confirming the time (hours, period) over which they worked for your form, and that they had the opportunity to develop at least two of the solicitor competencies mentioned above – simply manning the phone on the reception desk will not count. The SRA has indicated that it expects solicitors and COLPs to be willing to sign off in most instances.

Part 2: QWE

In part 1 of this article, we looked at the SQE 1 and SQE 2 assessments which aspiring solicitors must pass in order to qualify under the new SQE route. In order to complete their qualification, such aspiring solicitors must also demonstrate two years’ Qualifying Work Experience, (‘QWE’).

• What is QWE? This is a more flexible concept than the traditional ‘training contract,’ overseen by the SRA. QWE can be paid work or voluntary, undertaken before or after taking the SQE assessments; candidates can even rely on QWE undertaken prior to the introduction of the SQE regime. In order to be QWE, a placement must involve providing legal services and give the individual an opportunity to develop at least two of the competencies listed in the SRA’s Statement of Solicitor Competence, here https://www.sra.org.uk/solicitors/resources/ continuing-competence/cpd/competence-statement/ . Importantly, QWE hours must be signed off by a Solicitor, or Compliance Officer for Legal Practice (COLP), in England and Wales. SQE candidates can submit a portfolio of up to four placements as their QWE, totalling the equivalent of two years’ full-time experience.

• How is this likely to impact recruitment of trainee solicitors, NQ’s and paralegals?

Comment: Some possible impacts of the new QWE regime for law firms and other employers in the legal sector are as follows.

• Your firm may still decide that all aspiring solicitors seeking to qualify with them should complete a two-year ‘training contract’ with them before being employed in a Solicitor role, even though this is not required for candidates seeking to qualify under the SQE

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

• When recruiting newly qualified solicitors who have qualified under the SQE route, examine carefully their QWE. The flexibility and de-regulation of QWE under the new regime means that there is the potential for wide variation in the quality of experience an NQ may have relied on in order to gain their qualification.

This issue is of course likely to become more prevalent over the next few years.

• Conversely, where you employ graduate paralegals within your organisation, be aware that under the new regime they may now undertake, and pass, the SQE 1 and SQE 2 assessments, ask you to sign off their current paralegal role as their QWE (or part of it), and thus qualify as a solicitor. (Note that a paralegal who already has the LPC is allowed to skip SQE 1 and would only need to take and pass SQE 2 to qualify in this way.) This may or may not fit in with the firm’s plans for them. Remember, again, there is no obligation to employ such an individual in a ‘Solicitor’ role, or to give them the job title ‘Solicitor’. The best advice of course is to have early and honest communication with employees as to their career plans and aspirations, and to manage expectations accordingly.

For further information about the issues discussed in this article please contact Diana Kirsch, Associate Dean for Enterprise (D.Kirsch@ herts.ac.uk) or Kate Marriott, SQE Lead (k.marriott3@herts.ac.uk) at University of Hertfordshire. There is also a wealth of information about the SQE on the SRA’s SQE website, here: https://sqe.sra.org.uk/

11 ▲

Editorial

Leveraging Technology to Manage Quality Compliance

p

oweredbypie, a Dye & Durham company, processes 8,000 property search packs every month and nearly half a million searches a year. However, we are far more than just a search company. Our technical solutions help legal firms speed up workflows, enable compliance and improve the overall efficiency of legal processes.

Our solutions help streamline processes, track progress, and deliver the best results by managing everything in one place.

One way we do this is through our Brighter Law technology which enables law firms to provide instant, automated quotes on their websites, to the order and delivery of searches and insurance. We aim to ensure all our reports are user friendly and clear, making it as easy and efficient as possible to consume and understand the data.

We know that compliance is a significant and continually evolving challenge faced by legal professionals. As a result, we are also supporting solicitors with a series of enhancements to solutions designed to help law firms cope with the increasing burden of compliance.

For example, most recently, the Law Society Conveyancing Quality Scheme (CQS) has updated its Core Practice Management Standards (CPMS) and accredited firms will now need to be compliant before 1 May 2022.

One new rule for the CQS CPMS is the need to check mortgage lenders’ Part 2 instructions. It states: 6.4 Practices must have a policy for dealing with lenders which must: contain a procedure to ensure that Part 2 of the UK Finance Handbook is checked by a fee earner to ascertain the lender’s standard requirements, as well as those specific to a transaction, and for verifying that all of those requirements have been satisfied, prior to exchange and recording on the file that the check has been carried out.

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In response we have introduced Lender Handbook Tracker to ease the burden of compliance and help legal professionals manage their vast workloads more easily, ensuring compliance, demonstrating due diligence and protecting PI insurance against claims at the same time.

Lender Handbook Tracker, which is supplied by Navro, costs just £6.50 + VAT and produces a pdf report which can be updated up to five times during the conveyance, enabling legal teams to see any changes that may affect the transaction clearly and concisely. The report can be run against any lender listed by UK Finance, with the database refreshing four times a day.

Crucially, the UK Finance Mortgage Lenders Handbook does not keep records or databases of when the Part 2 changes are made. Therefore, the Lender Handbook Tracker solution now offers a convenient, concise summary and audit trail of any Part 2 changes that have occurred since instruction.

In the past 12 months, we have also updated offerings available through our platform with integration with Thirdfort’s app www.thirdfort.com which is setting the new standard in legal security and client checking by verifying ID and automating AML in a matter of minutes.

Further to this, we provide access to Lawyer Checker which helps mitigate risk against cyber fraud. Lawyer Checker checks the law firm’s account details against our unique database to determine whether those details have a track record of successful usage within conveyancing. Lawyer Checker is a web-based solution and can be accessed securely from any location 24/7 at the click of a mouse, supplying an audit trail for law firms as well as ensuring due diligence in relation to the SCCS.

scam alerts and safeguards transactions against human error and typos while also providing the most up to date information. All frequent and infrequent results are processed through the latest NatWest tracker to check bank account details.

We also have a dedicated research team who are highly skilled in providing enhanced further investigation when necessary.

Lawyer Checker’s reports are low cost and can be attributed as a disbursement and include two searches – one completed at the start of the conveyancing process, plus a further check just before the funds are transferred.

Lawyer Checker’s algorithm ensures there have been no new alerts in the interim. This is key with protracted transaction times to ensure the search is fully updated, making it easy and cost-effective to mitigate the risk of fraud during the conveyance.

We are dedicated to supporting conveyancing teams’ compliance obligations through a range of solutions.

We understand the continued and everevolving burden of risk and compliance and have harnessed technology to help automate processes and mitigate risk.

For further information, or to find out more about our full range of solutions designed to help legal firms improve their processes and achieve greater efficiencies please see: https://dyedurhamuk.com/ about-us

Jeremy Dorkins, UK Director of Customer Success at poweredbypie, a Dye & Durham Company

Lawyer Checker’s unique algorithm checks details against ten different databases in real-time. It checks SRA

Hertfordshire Law Society Gazette

HELP YOUR CLIENT TO PROTECT THEIR INTERESTS, NOW AND IN THE FUTURE Informing homebuyers of the hazards arising from climate change that could affect their future property.

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Editorial

Flood Data Insights

D

ata from a series of Data Insights Reports from Landmark Information has shown the broad extent to which flooding poses an ongoing threat across England and Wales.

“From paper-based reports, CD-ROMs and PDF reporting, now the transition is taking us to digital. The reliance on documents and PDFs will ease and we will see an increased appetite for digital data that feed directly into an organisation’s existing workflow. Instead of capturing a single moment in time, the data will instead be continuous and provide a current flow of data that is relevant at any given moment in time.

1 in 6

The report provides land and property industry professionals with insightful snapshots of rich flood data to explain the true impact risk upon communities across the country. It highlights the local authorities that have the highest rate of properties located in Flood Zones 2 and 3, and reveals that 37 out of the 335 local authorities have at least a fifth of properties in Flood Zone 2 within their jurisdiction.

“Flood data, alongside planning datasets, is one of the most dynamic risk types. The data is continually changing, driven by many factors – from local community and infrastructure updates, to the changing picture of the global climate. Having access to data that considers historical flood events while assessing modelled data relating to future impacts offers precise insights that developers and purchasers need, in order to make informed decisions.

properties in the UK are affected by flooding

The report also identifies that more than 27,000 (6.7%) notable Listed Buildings are based in areas deemed to be at the highest Flood Risk parameter (3), in addition to almost 12% of all 200,000 Scheduled Monuments are situated in Flood Zones 2 or 3, which include highly notable buildings like the Tower of London, Hampton Court Palace and Caerphilly Castle.

The new series of Data Insights Reports, which will be published every quarter, will focus on specific themes, from a review of planning updates and the local and national impacts, to uncovering information relating to a range of environmental hazards.

Chris Loaring, managing director of Landmark Information (Legal), said, “According to the Environment Agency, approximately one in every six properties in England are considered to be at risk of flooding. This is forecast to grow as climate change continues to translate into shifting impacts on both current and evolving land use.

“It is no secret that flooding poses a continued risk across our country – whether from surface water floods from heavy rainfall, groundwater flooding, through to coastal erosion and rising sea levels. It is something property professionals in all sectors need to be highly tuned to.

“From a legal conveyancing perspective, the way you manage – and access – that data is critically important to ensure the most appropriate advice is provided. Live data feeds will provide the most up to date picture, and this approach will herald a significant new chapter in the evolution of due diligence in the property sector.

“We are proud to be driving forward this digitised approach and working closely with industry stakeholders to consider how the continued evolution of data feeds can benefit every part of the property industry.”

Landmark Information has an extensive wealth of data that is used across the property industry, every day, by developers, property lawyers, environmental consultants, estate agents, surveyors, architects and planners to help in confident decision-making and in transactions.

For more information visit, https://www.landmark.co.uk/ news-insights/industry-reports/.

“We are therefore pleased to share a series of Data Insights Reports that provide valuable and revealing insights derived from our data and help better inform those working across the property industry who can benefit from a clearer view of the future.

Data: the lifeblood of the property transaction “In the two decades that Landmark Information has been supporting the property industry with vital due diligence, the way the data is captured, accessed, assessed and delivered has 0844 844 9966 | helpdesk@landmark.co.uk | landmark.co.uk/legal-conveyancing shifted.

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Hertfordshire Law Society Gazette

1 in 6 properties in the UK are affected by flooding

0844 844 9966

| helpdesk@landmark.co.uk | landmark.co.uk/legal-conveyancing

News

Mewsings of a Princess one said she would come round. Apparently, their no 1 daughter had died and they were all very upset – and still are. I keep trying to cheer them up by bringing them presents.

My hooman mother has thanked me but has told me that she doesn’t like dead mice in her shoes. I’ve only done it twice – the other times I’ve left them outside their bedroom door!

They got lots of Easter eggs which is not good for them as they are trying to lose weight but they didn’t get me anything and won’t let me have any chocolate as it is bad for cats too cruel! @princessgigi2019

The good news is that the golden one has only been round once, every other time they have gone to his house. I thought I was safe from him but he can now climb the stairs by himself.

I was not amused as you can see.

A

nother day another present. Well a lot has happened since my last article.

Some heart breaking and some good. The phone went early one late February morning – waking us all up and they were all crying.

Hooman daughter 2 mother of the golden

My mother has also got a new car, don’t tell her but it looks just like the old one. However, I am reliably informed that it is a Toyota selfcharging hybrid – whatever that means. I think it’s supposed to mean that she is helping save the planet.

Not all views are safe.

Our reports educate property buyers about development risk.

Don’t find out when it’s too late.

Request a sample report and ask your provider to add DevAssist to your conveyancing package.

www.devassist.co.uk t: 01342 890010 e: orders@devassist.co.uk

PROTECTING BUYERS, SOLICITORS & LENDERS

▲ 16

Hertfordshire Law Society Gazette

Editorial

Badenoch + Clark - LHH Recruitment Solutions

B

adenoch + Clark - LHH Recruitment Solutions, the world's leading talent development and career solutions brand; and provides specialist recruitment services across permanent placement, professional staffing, executive search, interim management, assessment, and RPO. We have developed an extensive network across the UK legal sector to become a trusted long-term recruitment solutions advisor to both clients and candidates alike.

Our consultants are equipped to support your legal hiring needs — from global to sole practitioner law firms and FTSE100 clients to start-ups. We are also experts at supporting our legal candidates in reaching for their career ambitions.

We recruit from newly qualified up to Partner level on both a permanent and temporary basis. Christopher Ewles also offers a full complement of In-House legal recruitment solutions across Hertfordshire and the surrounding area.

Our dedicated team; Jonathan Barber, Mostaque Ahmed and Taylor Moore recruit specifically across the Northern Home Counties, especially with Hertfordshire Private Practice Law firms.

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

17 ▲

Editorial News

ACL joins cross-profession plea to government to increase legal aid funding T

he Association of Costs Lawyers has put its name to a crossprofession letter to Lord Chancellor Dominic Raab highlighting new evidence of “the urgent need for government action to ensure that legal aid provers are sustainable and can respond to the needs of the public”.

low and failing to reflect the complexity of the work, the vulnerabilities of clients and the time taken to provide the services that clients require, “leading practitioners to do unpaid work, work far longer than they are remunerated for and limiting the type of cases that can be taken on”.

Organised by the Legal Aid Practitioners Group (LAPG), the letter comes with publication of the results of the legal aid census it carried out last year.

The letter continued: “These factors are primary reasons cited by practitioners for leaving legal aid and help to explain the steady exodus of lawyers and organisations from the sector over the last decade.”

The letter said the census provided “the robust evidence that we need to demonstrate what life is really like for practitioners and organisations on the legal aid front line”.

The census was devised by legal academics from the Glasgow School of Law and Cardiff University and launched in April 2021. It received “such a surfeit of quantitative and qualitative data” that the team expanded with additional researchers from Monash University and Oxford University.

It told Mr Raab: “You have accepted the parlous state of the criminal legal aid sector and the need for urgent investment in the system and its people if we are to ensure that legal representation is there for those who need it.

“The same is no less true for those in civil legal aid where years of cuts and underfunding have taken their toll. The census demonstrates that practitioners are highly motivated and committed to their clients and to social justice.”

They concluded that the legal aid sector was characterised by “significant financial insecurity, which in turn has led to crisis”.

The lack of investment has caused significant issues across the legal aid sector, the census said, including:

The academics said: “This poses significant threats to the ability of legal aid organisations and chambers to operate, the sustainability of the current workforce, the possibilities for recruiting and retaining the future generation of legal aid practitioners, and the accessibility of justice.”

• Considerable barriers for those seeking to enter the profession – from limited training opportunities to high levels of student debt that cannot be serviced by low salaries – which are creating a recruitment crisis;

The number of organisations with civil legal aid contracts has almost halved since 2012 (down to 1,369 from 2,134), with a similar drop in criminal legal aid offices over the same period (down to 1,062 from 1,652).

• Difficulties in retaining staff due to low salaries, a lack of career progression and a range of issues impacting adversely on staff wellbeing;

The letter calls on the government to:

• Fixed fees and hourly rates being too

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• Commit to an immediate increase in civil and criminal legal aid fees, accounting for historical inflation, and index-linked in the future to

ensure that fees increase in line with the cost of delivering services.

• Give more people the opportunity to forge a career in legal aid through, for example, a return to government-funded training and qualification processes for both civil and criminal areas of law.

• Establish an expert advisory panel to conduct further research on access to justice and sector sustainability, to inform future government policy on all aspects of legal aid.

Giving the LAPG the “wholehearted support” of the ACL’s Legal Aid Group, chair Bob Baker said: “We should all be very grateful to their teams for this supreme effort. The results are probably not much of a surprise to anyone involved in legal aid work and we just have to hope that someone listens enough to take the necessary steps to rectify the obvious failings.”

LAPG chief executive Chris Minnoch said: “The census report is a unique and compelling analysis of the legal aid sector and provides yet further evidence that, without significant government action, access to justice will continue to be an illusory concept for all but the wealthiest of UK citizens…

“Despite being an incredibly committed and motivated workforce, lawyers are steadily leaving the sector due to unsustainable workloads and a lack of work-life balance caused by myriad issues across the legal aid system.

“These issues are detailed in the census findings, and the action now required from government is clear – invest and put the legal aid workforce on a sustainable footing.”

Association of Costs Lawyers March 2022

Hertfordshire Law Society Gazette

COSTS BUDGETS - HOW DO YOU REVIEW YOURS?

Great care is taken when preparing a costs budget as it sets out the amount of costs that are reasonably recoverable following successful conclusion of the proceedings.

The same care should be extended during the life of the proceedings to ensure that an application to amend the costs budget is made promptly if a significant development occurs. Our experienced team can assist with all aspects of the costs budgeting process.

The LSSA announces partnership with For Media Group

LSSA members to provide expert content to For Legal innovation and technology channel

A

s the UK industry body for legal systems developers and vendors, the LSSA maintains technology standards and manages areas of mutual interest between lawyers and software providers.

And, it mean Through this partnership, the LSSA and For Legal will provide UK legal professionals with high quality educational content to ensure a more impactful approach to learning across practice areas, such as Conveyancing, Private Client, Family Law and channels focusing on Management, Best Practice and Compliance.

Legal professionals will have the ability to enhance their knowledge, develop future-ready skills and grow their careers.

On the new partnership, Tim Smith, Chair of the LSSA commented, “The LSSA is delighted to partner with For Legal to help disseminate our legal technology expertise to law firms.

We are very excited to use the webinar format to promote

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

legal technology and look forward to much interesting and healthy discussion regarding the UK legal profession’s use of technology.”

“We are delighted to partner with the LSSA,” said Wayne Spencer, Director of For Media Group. “Over 75% of professionals have turned to video content to increase their knowledge and understanding of the profession and there is a high demand for industry-specific learning which we are experts in delivering.”

Wayne explains, “It’s clear that suppliers can significantly increase their customer reach via actionable content. For Legal is the only platform that provides free access for legal professionals to engage with leading content delivered by thought leaders on a modern intuitive platform.

We have already seen an incredible response to the platform, and we are excited to see how our partnership with the LSSA will continue to grow.”

19 ▲

Probate

Probate Genealogy – Specialist Help for Private Client Practitioners P

Joe Lander

robate Genealogy – also known as ‘Heir Hunting’- is a crucial part of the legal sector, helping private client professionals with their workload on a daily basis. The core service offerings are locating difficult to find beneficiaries named in wills and tracing the next of kin in intestacy cases, as well as undertaking statutory will research on Court of Protection cases.

With recent analysis showing that up to two in three deaths in the UK last year was intestate, the work carried out checking family trees and verifying entitled beneficiaries by probate genealogists can save probate professionals a huge amount of time. This work can also help ensure the accurate distribution of estates too.

with a long-established track record should ensure that future risks are fully mitigated.

In addition, it’s not just people tracing and verifying family trees where probate genealogists can help; they can also assist with financial and liability asset searches, global bankruptcy checks, and obtaining missing beneficiary insurance quotations.

So next time you are faced with a not-so-straight forward probate or Court of Protection case, don’t be afraid to instruct a reputable probate genealogy firm to carry out the heavy lifting for you.

Joe Lander heads up the business development function at Anglia Research, who are based in Ipswich, Suffolk. For further information or advice please send your query to legal@angliaresearch.co.uk

You might think that in this ever-connected world that we live in, finding beneficiaries would be relatively straight forward, yet this is frequently not the case. On a general level, people forget to update their contact details when they move residence or can drop off electoral rolls and other government databases. In some instances, individuals simply don’t want to be found easily for whatever reason.

Whilst the importance of probate genealogy firms is ever increasing, it surprises many to learn that it is an unregulated industry, with no set entry requirements. Ever since the Heir Hunters TV series sensationalised the sector, there has been a small boom in the number of firms and individuals offering the service – often with little to no experience.

Therefore, reputation and professionalism are key, and most firms (though not all) have suitably qualified staff undertaking the research work. East Anglia-based firm Anglia Research employ more accredited genealogists, legally qualified and independently regulated staff than any other UK probate research company.

Accreditations can also help indicate if a firm follows industry or best practice recommendations. Both firm and individual accreditations should come from professional bodies, with recognised staff qualifications via exam boards such as CILEx. Firms can become corporate members of industry organisations such as the Association of Probate Researchers.

Transparency and ethical practice should be key in the probate genealogy industry. Working with a reputable firm

Untitled-2 1

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03/07/2020 14:26

Hertfordshire Law Society Gazette

Editorial

Winter is Coming

Angela Gifford Owner of Able Community Care Ltd.

Home Care in the UK W

ill talk of a career path encourage more people to work in the Care Sector? A point of view from a Home Care Provider since 1980.

One definition of a career path is: a sequence or series of job positions which lead on to short term or long-term professional goals.

2. A second level would provide assistance with personal care, helping to shower a person, supporting continence needs, mobility support, medication assistance, helping to feed a person, etc.

3. The third level is for more complex care, the level before the support needs to become a nursing or mental health nursing need.

Career path sounds attractive, butAble in the home care sector, thesupporting older and disabled Throughout the UK Community Care will be vast number of people working in this area of care support are Few would recognise this as a career path, but such a system people through all kinds of weather. care workers who daily turn up at an individual’s front door to would enable a care worker to choose to remain at the support Supporting with Live-in Carers offer domestic personal care support provide care support from a 15-minute visit who to covering 24/7. support, level they feel happier with or to progress to the next stages and The real engine of companionship. any care system. knowing the difference in skills needed would be compensated with a higher wage.

Able Community Care was established in 1980 and has enabled thousands of people, There is little scope for a career path in the care sector. There are throughout the UK, to remain living in their own home throughout every season. approx. 950,000 care workers in England so very few are going Daily the number of care workers is reducing. The sector to make senior professional positions.

Can we help someone youSome know?may go onto other needs a major shakeup and now is the time to do it. related professions such as nursing, but they are a tiny minority.

Call 01603 764567 for our Live-in Care brochure or email to Angela Gifford info@ablecommunitycare.com It is my view therefore that trying to encourage people into this Owner of Able Community Care Ltd. sector can only come from one direction and that is having www.ablecommunitycare.com levels of care that have related, skill set, renumeration. www.ablecommunitycare.com 1. There should be domestic task care workers, offering support that enables people to stay in their own home such as shopping, cleaning, making meals, laundry, being outside the door when someone has a shower, etc. the choice to stay Because

Live-in Care

in your own home with your own front door is priceless.

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

www.ablecommunitycare.com

For a free brochure on any of our professional care services call us today on 01603 764567 info@ablecommunitycare.com

21 ▲

News

New Coaching and Support Programme for Legal Professionals Launched 3

May 2022: In the wake of post-pandemic conditions, Herefordshire-based life coach, Kim Parker, has today announced the launch of a six-month online coaching and support programme for legal professionals ‘with soul’.

The Six Keys (to Personal Success and Professional Satisfaction) begins on 16 May 2022, right after Mental Health Awareness Week.

"In an uncertain world, professionals are needing support now more than ever, yet many are reluctant to reach out for help, for fear of repercussions in their career" notes Kim. "I want to make sure no one has to struggle alone. Each person in the coaching group is heard and valued. The Six Keys offers proven sustainable resources that help people navigate their way effectively through their challenges and create their unique version of success."

This group programme enables connection with other likehearted professionals in a safe, confidential, supportive structure.

By the end of the programme, participants will gain clarity, connect with their purpose, understand what really gets in their way and learn how to overcome challenges, inspiring them to create the fulfilling life and career that is true for them.

Kim has personal understanding of the legal industry as she was a solicitor for over 20 years and is an established volunteer for the Law Care helpline. The Six Keys is run online, so it is accessible to

▲ 22

all wherever you are. It is interactive with 12 live 90-minute group sessions held fortnightly via Zoom over six months. In a nod to Mental Health Awareness Week, if booked by 11 May, a 30% discount will be applied. A payment plan is available.

"When I engaged Kim for some coaching, I was at a low ebb career wise," admitted Caroline, a solicitor. "Through sensitive steering over the course of our six-month coaching period, Kim drew out a set of values, aspirations and capabilities I didn’t realise I owned.

By gently helping me readjust priorities and accept that what mattered 20 years ago may not be what matters now, I was able to give myself permission to follow a different career path. I would whole-heartedly recommend Kim." To find out more about the new Six Keys group coaching programme for legal professionals please go to www.kim-parker.com/six-keys/ Kim Parker Kim Parker, a former solicitor, has been a life coach since 2009 and is a helpline volunteer with Law Care. Kim provides coaching and retreats for professionals online and on location in Herefordshire.

For more information please contact Kim by email at kim@kim-parker.com

Hertfordshire Law Society Gazette

Opening minds fulfilling hearts For Open Days... www.st-francis.herts.sch.uk For individual visits year round... admissions@st-francis.herts.sch.uk

St. Francis’ College L E T C H WO RT H G A R D E N C I T Y PREPARATORY - SENIOR - SIXTH FORM - BOARDING

Charity

22% Of Wills Written Through Legal Advisers Include A Charitable Bequest 0

The Savanta Will-writing survey*, commissioned by Remember A Charity, reveals that 7 in 10 solicitors and Willwriters (71%) always or sometimes alert clients to the Inheritance Tax benefits of leaving a gift in their Will, up from 6 in 10 (61%) in 2013.

The survey also shows that the large majority of advisers (86%) proactively raise the topic of charitable bequests with their Will-writing clients, making them aware of the option to donate.

Often, the charitable option is included in their routine client questions or forms. And yet, 1 in 8 advisers (12%) say they never raise the issue.

Gifts in Wills are the largest single source of voluntary income for charities in the UK, raising £3.4 billion** for good causes annually and funding vital charitable services. Generous tax reliefs make gifts in Wills one of the most efficient ways of donating. In the UK, charitable bequests are exempt from the 40% Inheritance Tax and, when clients donate 10% or more of the value of their estate, the IHT rate on the remaining inheritance reduces to 36%.

Rob Cope, director of Remember A Charity – a consortium of 200 UK charities, says: “There’s so much to think about when writing a Will, particularly when it comes to taking care of family, friends and all those we leave behind, so a charitable donation is easily forgotten. But people in the UK are often deeply charitable, finding it both empowering and a great comfort to remember good causes by leaving a gift in their Will.

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Proportion of professionally-drafted Wills including charitable bequests (%)

Proportion of Wills that include a donation (%)

1 APRIL 2022: New figures released today show that solicitors and Willwriters are playing an increasingly important role in charitable Willwriting, with more than 1 in 5 Wills handled by UK legal advisers (22%) now including a donation to charity.

50 45 40 35 30 25 20 16

16

2013

2014

17

17

2015

2016

18

19

20

22

15 10 5 0

2017

2018

2019

2021

“Legal advisers are hugely important in this space. Even the simplest of references to the option of making a charitable bequest can double the chances that a client will do so, raising vital funding for good causes, while helping them feel fulfilled that all those things they care about are covered in their Will.”

the consortium offers promotional resources and useful guidance for referencing gifts in Wills with clients.

This news follows a parallel consumer study from the charity consortium, which found that public appetite for legacy giving has reached record levels, with almost 3 in 10 UK donors aged 40+ (29%) saying they had already written a gift in their Will or were preparing to do so. The same study found that the majority (60%) of charitable donors have used or would use a legal professional to set out their final wishes.

Remember A Charity is part of the Chartered Institute of Fundraising, which is incorporated by Royal Charter (RC000910) and is a charity registered in England and Wales (No. 1188764) and Scotland (No. SC050060).

Remember A Charity is working to normalise charitable Will-writing across the UK by raising awareness of legacy giving among legal professionals and the public. The campaign encourages advisers to make clients aware of the opportunity of leaving a small donation in their Will, alongside their gifts for family and friends. Through its free Campaign Supporter scheme (click for link) for solicitors and Will-writers,

Find out more at w w w. r e m e m b e r a c h a r i t y. o r g . u k / solicitor

*Savanta, Will-Writing Survey 2021 Commissioned by Remember A Charity and carried out by Savanta, this Will-writing study explores how professional advisers view and approach charitable bequests when discussing Will-writing with clients. It is based on a survey that was carried out December 2021 - January 2022 when telephone calls were made to gather the views of 230 solicitors, Will-writers and IFAs across the UK.

**Smee & Ford, Legacy Trends Report 2021

Hertfordshire Law Society Gazette

Pet Rescue welfare association

Pet Rescue and Rehoming Centre – Founded 2001. Taking in unwanted and abandoned animals and finding them loving homes.

More than just a rescue...

• Community Vet Clinic and Fully Equipped Surgical Unit • Pet Food Bank • Outreach Programme • Re-Homing • Long Term Care Service • Neutering and Surgical Services • Training Centre • Education Centre • Rehabilitation

Legacies The chariTy relies on legacies and gifTs jusT as many oTher chariTies do, if you wish To consider leaving PeT rescue welfare associaTion a gifT in your will, ThaT gifT is marked by a PermanenT reminder of your kindness. named on The websiTe under eTernal friends and a Plaque on siTe aT The rescue cenTre. all legacies and gifTs helP Provide for The animals in our care no flash cars or large offices, jusT animal care and welfare.

If you wish your gift to be used on something special i.e. New kennel / cattery or equipment rest assured your wishes will be honoured. Please ask your solicitor for help with your will, we can if you wish nominate a trustee to act as executors. Please ask your solicitor to contact Rev. M. Summerfield. All bequeaths to Pet Rescue Welfare Association.

Registered charitynumber 1116170

conTacT us:

Pet Rescue Welfare Association Tel: 01745 571061 Email: info@pet-rescuecharity.co.uk Llewerllydd Farm, Dyserth, Denbighshire LL18 6BP

Pet Rescue Quarter Page Autumn 2019.indd 1

25/10/2019 11:05

Advertorial

Geodesys drainage and water report for new build homes

The Geodesys NewBuildDW - the first of its kind - provides all the same quality data on water and sewerage connections as the Law Society’s official CON29DW report. However, NewBuildDW focuses specifically on the information relevant to new build residential properties and offers conveyancers a lower-priced alternative to the full report. It also includes several pages of extra tips and advice for buyers.

Jonny Davey, Product Manager for Geodesys, comments:

• Top tips and advice relevant to buyers of new build properties • £5m professional indemnity insurance Jonny continues: “Produced by industry experts, our streamlined report clearly outlines all the most pertinent information. Some data contained in a full CON29DW is simply not available for new builds, so NewBuildDW allows conveyancers to access the key details at a more competitive price.”

“We are committed to providing all the information home buyers and their legal advisors may need on a property to avoid any unnecessary future risks and additional costs.

“We decided to launch this new product after identifying a gap in the market for a comprehensive report which has been specifically tailored to provide information for new build residential properties. All data used in the report is sourced from Anglian Water, which retains liability for its accuracy.”

Making conveyancers’ jobs easier, the new report will provide: • 17 questions including two high quality water and sewerage maps • Crystal-clear front-page customer dashboard highlighting information on key questions • Easy-to-use interactive navigation making retrieving information easy for users

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The NewBuildDW Report is available for £36 (including VAT) in the Anglian Water sewerage area only and for residential properties classed as new build. For more information, please visit: http://www.geodesys.com

Hertfordshire Law Society Gazette

Book Reviews

McPHERSON & KEAY

THE LAW OF COMPANY LIQUIDATION - Fifth edition

By Andrew R Keay | ISBN 978 0 41408 920 4 | Sweet & Maxwell/Thomson Reuters | sweetandmaxwell.co.uk

MUCH NEEDED IN ‘A NEW WORLD’ THE LATEST EDITION OF ‘THE LAW OF COMPANY LIQUIDATION’ An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister” and Mediator

B

e you lawyer or accountant -- if you are in any way involved in matters relating to insolvency, you need this long-established and highly regarded work of reference -- out now in a new fifth edition from publishers Sweet & Maxwell.

Company liquidation is referred to in the Foreword written by the Chief Insolvency and Companies Court Judge Briggs as ‘an important part of the insolvency landscape.’ ‘It is axiomatic,’ he adds, ‘that the law of insolvency continues to evolve and world events such as the UK leaving the European Union and the pandemic have contributed to or hastened legislative change that requires the practitioner to understand new practices and procedures in what looks like a new world.’

their existence by eventual dissolution” -- and to do so fairly and equitably, particularly in cases in which there is a public interest factor.

In the words of Judge Briggs, this specialist text ‘explains the nature of winding up in all its forms and takes the reader on a journey through the intricacies (and there are many) of its processes.’

Certainly, the book excels as a work of reference, rendered easily navigable via a very detailed sixteen-page table of contents, (covering eighteen chapters) and a thirty-six-page index. Also note the 160 pages of tables of cases, statutes, and statutory instruments.

While looking very much to the future, the book does illuminate, with admirable clarity and thoroughness, all aspects of company liquidation, including the “winding up” of solvent, as well as insolvent companies. (Note here that editor Andrew Keay points out that the terms ‘liquidation’ and ‘winding up’ are used interchangeably throughout the text.)

As “a part of the insolvency landscape” company liquidation is no one’s ideal of a desirable outcome of business activity.

But for lawyers advising clients who have taken risks (particularly in the current post-pandemic ‘new world’ of business), this new fifth edition of McPherson & Keay provides a comprehensive and indisputably authoritative guide to this difficult area of law.

‘A purpose of the winding up of both solvent and insolvent companies,’ he states, ‘is to prepare companies for the end of

The date of publication of the fifth edition of this hardback was 27th September 2021. The law is stated as 1st May 2021.

THE MEDIATOR’S TALE - The CEDR Story of Better Conflicts

By Eileen Carroll QC (Hon) and Dr Karl Mackie CBE | ISBN 978 1 52651 583 4 | BLOOMSBURY PROFESSIONAL LAW sweetandmaxwell.co.uk

BRILLIANT PERSONAL AND PROFESSIONAL INSIGHTS INTO MODERN MEDIATION

An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister” and Mediator

“The Mediator’s Tale” has been published by Bloomsbury Professional “to celebrate the 30th anniversary of CEDR's emergence as the world's leading independent disputes consultancy”. The book arrives at a particularly pivotal moment for the future of mediation as an alternative dispute resolution option in view of the massive build-up of unheard

▲ 28

cases in the courts. But mediation is not to the taste of all litigants, or “participants” as we call them! However, you may change your mind when you read this tale.

The authors, Eileen Carroll QC and Dr Karl Mackie give us a fresh light on the personal motivations and strategy behind

Hertfordshire Law Society Gazette

Book Reviews

what they describe as “a unique example of disruptive innovation in the legal system, while sharing their professional insight into how we can achieve better conflict management in our personal and professional lives”.

In their own words, Carroll and Mackie begin their tale by charting “the personal and organisational drivers behind the success of CEDR in the UK and internationally, drawing out important insights for other innovators and campaigners for change to a traditional system”. Don’t you just love the description of how they describe their task- “very mediation”, but don’t be put off!

The main part of the book then draws on experience spanning thirty years to illustrate key insights in “a matter of fact” way as to how the mediation process, and other independent conflict intervention techniques which deliver results. The book explains how such techniques can be made to work “most effectively”; and how one can adapt these skills and systems

for old and new dispute contexts, with the “challenges for the future of better conflict management” (as they put it).

This splendid work also offers tips to assist the reader analyse their own personal experiences in conflict and dispute resolution. The purpose is to offer suggestions on what they can learn from “the insights of leading practitioners, while becoming familiar with a fascinating and unique lifetime's professional practice, and the diverse experiences of a leading independent institution in the field”.

Without doubt, this important and readable book is one which any mediator or potential mediator should include in his or her library as ADR continues its upward journey as a realistic way of resolving disagreements without recourse to the courts.

The date of publication of this new paperback edition is cited as 7th December 2021.

MEDICAL NEGLIGENCE - 6th edition

By Michael Jones | ISBN 978 0 41408 909 9 | SWEET & MAXWELL/THOMSON REUTERS | sweetandmaxwell.co.uk

THE 30th ANNIVERSARY EDITION OF THIS IMPORTANT STATEMENT ON MEDICAL NEGLIGENCE

An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister” and Mediator

M

ichael Jones offers us a “comprehensive and authoritative analysis of the potential legal liabilities of healthcare professionals and hospitals arising out of the provision of healthcare” in the sixth edition of “Medical Negligence.”

The principal focus is on the law of negligence as it applies in the medical context, but the book also includes extensive coverage of consent to medical treatment, defective products, confidentiality, the liability of hospitals, defences and limitation, the principles applied to the assessment damages, and procedural issues.

This sixth edition remains as a comprehensive statement of the law of medical negligence in England and Wales, with appropriate reference to Commonwealth jurisdictions.

Jones gives us a 30th anniversary edition which is fully up to date, including discussion of relevant statutory provisions and Commonwealth case law such as Barclays Bank Plc v Various Claimants (2020) from the UK Supreme Court; Schembri v Marshall (2020) from the Court of Appeal and Bell v Tavistock and Portman NHS Foundation Trust (2020) from other Courts to name a few.

There is a detailed discussion of developing caselaw on the Mental Capacity Act 2005, plus the following areas depending upon what you might be looking for: a discussion of the emerging tort of misuse of private information; full reference to relevant professional guidance issued by the General Medical

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

Council (Decision making and consent, 2020); useful Appendices on NHS Indemnity, Pre-Action Protocol for the Resolution of Clinical Disputes, and a detailed glossary of medical terms, The key features of “Medical Negligence” for 2022 provides us with a thorough analysis of the tort of negligence as it applies to the provision of health care. There is a discussion on the liability of doctors as well as dentists, nurses, and pharmacists.

Michael Jones also covers the general principles of medical negligence and covers specific areas such as consent to medical treatment, defective products, confidentiality, and the liability of hospitals; emerging issues related to medical negligence practice, access to treatment, patient autonomy and complaints; thorough coverage defences and limitation; and explanation of the general principles as they apply to medical negligence.

Jones goes on to expand on the general principles by applying them to specific areas such as consent and confidentiality. He analyses current case law authorities and interprets applicable legislation, giving us a clear, concise analysis applicable to generalist and specialist practitioners. You cannot be without this excellent new edition if you practise any area of medical negligence claims.

The date of publication of this new hardback sixth edition was 22nd September 2021.

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Mental Wellbeing

Loneliness in the Legal Workplace

H

umans are hard-wired to connect - we are tribal and social animals.

We are biologically programmed to need other humans, and a feeling of belonging and connection drives our happiness. Despite this many of us will know what it’s like to be lonely, especially after living through two years of reduced social interaction.

Loneliness arises from either a lack of social relationships or a lack of close emotional bonds with those we have relationships with. It can occur because we work from home and don’t interact with colleagues often or have the time to pursue social connection, we live alone and rarely see others, or it may be that we just don’t have the quality of connection in our everyday lives, we don’t have people we feel close to or share values with.

Connection exists between people when they feel seen, heard and valued, when they can give and receive without judgement and when they derive sustenance and strength from that relationship.

Many lawyers have contacted LawCare feeling disconnected from work, their teams and their manager. Although increased use of technology has brought people virtually closer, it has reduced the opportunities for face-to-face communication and instilled a sense of psychological loneliness. No screen interaction can ever equal the connections made in real time and space.

Whilst it is normal to occasionally feel lonely, long-term loneliness is associated with an increased risk of certain mental health problems, including depression, anxiety and increased stress. People with strong social relationships are 50 percent less likely to die prematurely than those with weak social relationships.

As Professor Brene Brown says “A deep sense of love and belonging is an irresistible need of all people. We are biologically, cognitively, physically, and spiritually wired to love, to be loved, and to belong. When those needs are not met, we don't function as we were meant to. We may think we want money, power, fame,

▲ 30

beauty, eternal youth or a new car, but at the root of most of these desires is a need to belong, to be accepted, to connect with others and to be loved”.

LONELINESS IN THE WORKPLACE Most of us spend more time working than doing anything else, particularly in the legal profession where long hours are endemic allowing little time for family and friends. If you are lonely at work and feel isolated from others either physically or emotionally it can adversely affect job performance, job satisfaction, creativity and work engagement. You are more likely to be off work regularly, to leave for another job, and it may also lead to problems at home. If someone is lonely at work it can also negatively affect their colleagues and the organisation as a whole. Loneliness cost UK businesses an estimated £2.5 billion each year pre-pandemic. Research conducted by Gallup the consulting firm found that employees with close and best friends in the workplace are more engaged in work, which results in high-quality work and greater employee well-being.

WHO IS MOST AT RISK OF LONELINESS? Men are often lonelier than women. A report from Cigna insurance company in the US revealed that nearly two-thirds of men (63%) felt lonelier when compared to women as men were more likely to spend time socialising with colleagues but tended to hide their true selves at work which made them feel lonely. Men have been found to be more reluctant admitting being lonely than women due to the social stigma associated with it in some cultures.

Entry-level employees and senior executives were found to be the loneliest.

Leaders such as Tim Cook the CEO at Apple reported feeling lonely despite being surrounded by thousands of employees.

WHAT EMPLOYERS CAN DO • Check in regularly. Managers should check in regularly, little and often works best, and informal chats are as important as work conversations. Ask how people are and how they are managing their workload. Make sure

employees are looking after themselves.

Ask them about their lives outside of work. In our Life in the Law research into legal workplaces wellbeing we discovered that of a wide range of workplace measures available, from private health insurance to mental health training, regular catch-ups or appraisals were reported to be the most helpful.

• Pay attention to vulnerable groups.

Juniors will often need more support, and are less likely to have a comfortable home working set-up, with those in flat shares or living with their parents often having to work from their bedroom.

• Build a culture of connection and community. Look for meaningful ways to increase connection/interaction at work and meet employees’ psychological needs of social exchange.

Brainstorms, informal tea-breaks, weekly catch ups, team days, peer support/mentoring programmes can all be useful here.

• Encourage people back to the workplace. Incentivise and encourage people to spend at least some time in the workplace interacting with others, even if the majority of their work is carried out at home.

• Ensure a work/life balance is possible.

Encourage everyone to work sensible hours – staff will take cues from how leaders behave. Take full lunch breaks; rest and recuperate after busy periods; avoid working at weekends; take annual leave entitlement. Make sure teams are well resourced in order to make this happen.

If you are feeling lonely, LawCare can help. We’ve been providing emotional support to legal professionals, support staff and concerned family members for 25 years. You can call our confidential helpline on 0800 279 6888, email us at support@lawcare.org.uk or access online chat and other resources at www.lawcare. org.uk We offer free peer support to those working in the law via our network of around 90 peer supporters, all of whom work in or have worked in the law.

Hertfordshire Law Society Gazette

FRP Forensic and Expert Witness Services – Norwich/Cambridge team

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Our forensic services expertise in East Anglia incorporates share valuations, matrimonial valuations, commercial disputes, shareholder disputes, fraud investigation, professional negligence and expert tax opinion.

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In 2021, our key statistics for the local team were:

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Lawyers attended our four webinars

Getting in touch: FIONA HOTSTON MOORE is a partner of FRP’s Forensic Services practice.

Fiona specialises in share and business valuation cases and has experience in the Family Court as well as commercial dispute, tax disputes and professional negligence matters including giving evidence in the High Court and Tax Tribunal.

She has been instructed as an expert in approximately 300 cases in her career to date. In addition to her valuation expertise, Fiona is also often instructed to provide expert opinion on a range of matters including tax disputes (including EBTs, film schemes, entrepreneurs’ relief and Generally Accepted Accounting Practice), officer and employee fraud, auditor and tax adviser professional negligence claims, shareholder disputes, agency disputes and insurance claims.

Professional qualifications Fellow of the Institute of Chartered Accountants (FCA) Chartered Tax Adviser (CTA) Member of the Academy of Experts (MAE) Accredited Counter Fraud Specialist (ACFS)

+44(0)7770 642491 Fiona.hotstonmoore@frpadvisory.com

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