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Editor
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I am still here as President! Ben Carver will now be taking over as President in 2026.
This year has been a busy one with The Law Society Bicentennial celebrations. I will publish the article of TLS President’s visits around the Country and the photos in the next edition.
Unfortunately, this year we will not be hosting an Annual President’s Dinner but will still be having a social gathering with an opportunity for Sponsorship towards the end of the year so look out for more details of that in upcoming emails and the next edition.
I still have the usual Presidential events coming up such as the Lectures for both Suffolk & Essex Law Universities and other events so again I will report back on those.
In the meantime, if you wish to reach out to us, please do not hesitate to drop me an email.
Best Wishes
Louise Goodenough
Louise Goodenough President SNELS
Louise.goodenough@haywards-solicitors.co.uk
View from Council Member for Essex: Karen Dovaston
Well, what a summer so far! At central Law Society, there was the 200th birthday celebration event for the Law Society at Chancery Hall, attended by Sarah Sackman MP, the Lady Chief Justice, solicitors (of course) and judges.
The solicitor of 200 years ago would find a very different practice now – and our profession is looking at further fast paced change. We have seen the CEO of the SRA exit and the new CEO appointed, the LSB issue directions to the SRA to up their game and the LSB CEO and chair also exiting. Then the cyber attack on the LAA. It’s all go. Turbulent times.
So what should our focus be? Well, the obvious ones are to get an understanding of AI. It is not going away and is already being used by many solicitors in their day to day. Get involved if you are behind the curve. Next up, we have the possible
change in regulation of AML – with a possible move to FCA being the regulating body.
From the SRA perspective, the focus on the profession will be AML compliance (of course), competency (so get your training records in good order) and ethics.
It is this last one that I want to raise with you all. As will move on, I ask that we pause and take stock of what it means to be a solicitor and to reconnect with our ethical heart. We can do this individually and we can do this by joining with others in our profession, locally and nationally, to reinforce and reconnect the very special role our profession holds, making sure our younger solicitors know this too.
My last plea to you is for you to have a fantastic summer break before the start of the new legal year in October and to eat as much ice cream as you can. Rossi’s of Southend, of course.
Karen Dovaston Council Member
What It’s Really Like to Work with Me – Stories from Two Solicitors
Who Made a Move
After 16 years in legal recruitment - and a whole career in law - I’ve supported countless legal professionals as they navigate career moves, rebalances, and sometimes complete reinventions.
Whether someone is looking for more flexibility, leaving London, or returning after time away, my approach is always people-first. I don’t believe in cookiecutter placements. It’s about listening deeply, understanding what matters most, and finding a role that fits both personally and professionally.
Recently, I asked two candidates I placed to share their experiences. Both are qualified solicitors who moved from London-based roles into something new, and each had their own unique set of challenges. I’m incredibly grateful they agreed to tell their stories—and hope they give you a real sense of what it’s like to work with me.
“I loved the firm… but I was exhausted by the London commute.”
Before we spoke:
This candidate had spent just under three years at a top 30 law firm in London. She told me:
“Although I loved the firm, I was becoming very tired of the London commute. It was wearing me down.”
How she found me: She came across my name through word of mouth:
“Clara is renowned locally for being one of the best legal consultants, and various friends recommended her after using her services to find new legal roles.”
What the process was like:
We took time to understand exactly what she wanted—beyond just salary or firm size. She said:
“Clara was very professional and knew the local market inside out. She really took the time to identify my requirements and made the process so much easier than if I’d made direct approaches myself. She convinced me
to look at roles and areas I would otherwise have dismissed.”
Where she landed: Happily, she found a role that really fits:
“I’m really happy in my new position—it feels like a perfect match. The firm is very forwardthinking, with several impressive female lawyers I admire. I already feel part of the team and even have a say in shaping how the firm evolves.”
Biggest hurdle I helped with: Like many solicitors, she was extremely busy while trying to make a move:
“I was working long hours on large projects with tight deadlines. It felt overwhelming being bombarded with questions from prospective firms. At one point, I nearly put the whole search on hold. Clara stepped in and took the pressure off completely— handling queries, negotiations, and scheduling. Her calm, capable support made all the difference.”
“I’d left a City role for family life—but I didn’t know how to return to law.”
Before we spoke:
This former Magic Circle lawyer had stepped away from her legal career for two years to relocate and focus on family:
“For two years, I’d filled the career void with voluntary work—serving as a school governor and trustee for a local charity. Leaving my career was a hard decision, but we moved to Suffolk to find a better work/life balance and spend more time with our daughter.”
When we met, she was ready for something more—but unsure what that looked like:
“It had to work within the constraints of school hours and holidays, and I wasn’t feeling hugely confident after time out of the profession.”
How she found me: Through a friend:
“I wasn’t actively looking for a role, but a friend encouraged me to meet Clara for a coffee. She said Clara would have ideas— and she did!”
What the process was like:
We talked openly about her concerns and options:
“From the outset, Clara was brilliant. She completely understood the work/life balance piece and helped me realise that flexible ways of working do exist in law. She highlighted roles at both small and medium-sized local firms— but the real win was a consultancy position I’d never have considered.”
Where she landed:
She found a new rhythm—and a fulfilling role:
“I’ve now been in the role for just over six months and I’m really enjoying it. The work is varied and interesting, and the flexibility is exactly what I needed. Getting back into it was surprisingly smooth—you forget how adaptable you are!”
Biggest hurdle I helped with: Confidence and self-belief:
“Clara helped me focus on the 18 years of experience I’d already built, not the gap. She helped me realise I had so much to offer, and that it was possible to find a role that fit my parameters. Her enthusiasm, positivity, and tailored approach made all the difference. Thank you so much, Clara.”
What These Stories Have in Common
Both of these women made bold moves— but they didn’t do it alone. My goal is always to lighten the load, provide insight, and be a calm, strategic partner in what can be a complex and emotional process.
Legal recruitment isn’t just about matching CVs with roles. It’s about helping people build lives they want to live - careers that support, not restrict.
If you’re thinking about what’s nextwhether you’re actively looking or just curious - I’d love to talk. Even a coffee or a chat can open doors you hadn’t considered.
Clara Rose LL.B LL.M
Clara Rose Consultancy www.clararoseconsultancy.co.uk 020 3286 7884
Clara Rose
Feeling anxious about mistakes? You’re not alone
Mistakes are a normal part of life. But in the legal sector, where accuracy and high standards are expected, the fear of making a mistake can feel overwhelming. At LawCare, we often hear from people who worry about past mistakes or feel anxious about what could go wrong in the future.
For some, this fear takes over. We’ve spoken to people who keep going over past decisions, questioning themselves, and believing they’ve made a huge mistake they can’t fix. Others worry so much about making a mistake that they struggle to focus, put things off, doubt their choices, or even avoid tasks completely.
These worries don’t just disappear when the workday ends. Many legal professionals tell us they struggle to sleep because of anxious thoughts, replaying case details or conversations in their heads late into the night. Some describe waking up with a racing heart, feeling physically sick at the thought of what might happen if they make a mistake.
Why does this happen in the legal sector?
The legal sector places high expectations on its people. Lawyers, paralegals, trainees, and support staff often work in environments where mistakes can have serious consequences - for clients, cases, the reputation of the employer and careers.
There are several reasons why people have a strong fear of making mistakes:
• Pressure to be perfect – Many people in law feel they must get everything right, often setting impossible standards for themselves. The work can be complex with tight deadlines and high regulatory standards.
• High stakes – In legal work, even small mistakes can feel significant due to the potential for serious outcomes.
• Fear of judgement – Worrying about what colleagues, supervisors, or clients think can make mistakes feel like personal failures.
• Blame culture – In some workplaces, mistakes aren’t treated as learning experiences, making it hard for people to admit errors or move forward after making one.
The impact of constant anxiety When the fear of making mistakes takes over, it doesn’t just affect work - it can harm mental and physical health too. Constant worry can lead to burnout, making it harder to focus and stay motivated. It can also knock confidence, causing selfdoubt even when things are going well. Some people start putting off tasks or avoiding opportunities because they’re afraid of getting things wrong. Anxiety can also show up in physical ways, like headaches, stomach problems, tense muscles, and trouble sleeping.
Moving forward: how to manage fear of mistakes
If this all sounds familiar, here are a few ideas that might help:
1. Acknowledge negative thoughts – It’s common when we’re under stress to jump to worstcase scenarios, particularly in law where it’s often part of the training. If you keep stressing over a mistake, take a moment to acknowledge those thoughts.
What would you say to a friend feeling the same way? Indulge in some self-care, which might free up some headspace to think things through more clearly.
2. Speak to someone you trust –Whether it’s a mentor, colleague, or a support service (like LawCare). Talking about your worries can help you see things more clearly
3. See mistakes as a chance to learn – No one gets everything right 100% of the time. Instead of viewing mistakes as failures, try to see them as opportunities to grow and improve.
4. Be realistic – No one is perfect. Focus on doing your best instead of trying to be flawless.
5. It is so important to be kind to yourself. Mistakes don’t define you; they’re a normal part of life.
You’re not alone
If you’re feeling anxious about making mistakes, you’re not alone - lots of people in the legal sector feel this way too. Support is available, and you don’t have to deal with it on your own.
Talking about your worries can help. At LawCare, we provide confidential, non-judgemental support to anyone in the legal sector who is struggling with stress, anxiety, sleep problems, or anything else that’s making life difficult. We’re here for you.
Use LawCare’s online chat at www.lawcare.org.uk to connect with a real person who understands
Email LawCare at support@ lawcare.org.uk
Four months later... ...(nearly)
Further to all of the interesting articles we have to read in this magazine and have done over many years, I thought it may help aspiring legal minds to know what it is like running a law firm. It was only April 2025 that I took over as Senior Partner of John Fowlers LLP succeeding our long standing Senior Partner Kim Kennedy who many of you would have known, his career spans over 40 years at the firm and he continue to act as a consultant when not travelling about enjoying a well earned retirement.
But what is it like running a firm… well... what I have learned quickly is that I really am only a custodian, of the firm name, and its clients, reputation and staff, all important constituents of what makes a firm tick. Most of us in our day to day lives do not in all honesty see what goes on behind the scenes and how much effort it takes to control and manage a firm, no matter its size. There are the unforeseen which require urgent attention, regulation (and lots of it) to comply with and uphold, issues with client matters and those of the staff. There is then, of course, the day job and the legal work itself to contend with.
It is however rewarding and whoever does ready this I would urge you to think about what you want to do in your legal career, and hopefully aspire to progress as I have done, hard work and dedication will always push you forward I have found. Seeing you can make a difference, no matter how small, is comforting and being part of a team and being able to push through with new ideas and making a real difference is a benefit the position allows at times.
Looking at those you work with can also be inspiring and making sure that everyone, no matter their role, appreciates how vital what they do is to the success of your firm and then seeing them achieve really is priceless. There is a great deal of negativity in the legal sector at present and my opinion is that we must start, again, to value ourselves and what we do and what we offer to society so that others value us as well. We are heavily regulated and whether that is a positive or not is for other articles but we have all worked so hard to be where we are, we should be proud or ourselves and each other. I have seen so many examples recently of how much we benefit our communities, how we go above and beyond day in and out to care, to support and offer comfort, we must hold on to that.
Time flies by as the old saying goes and that seems truer
now than ever but keep going, push forward with your career and one day you too will be 4 months into being a Partner, Managing Partner, Senior Partner or whatever role you are working towards.
As a final note, please also remember to take care of your own mental and general health, we are, contrary to opinion, not robots and cannot work 24 hours a day 365 days a year. There are groups and resources available to tap into if you need to, so remember that, it is ok not to be ok, and that is really very true.
I wish you all the very best now and in the future, and hope to see many more both on Council and moving onwards in your careers,
Best wishes,
Chris Andrews
Housing Legal Aid service re-established in Suffolk
Suffolk Law Centre is pleased to announce the expansion of our housing legal advice service, with two full-time legal advisers based in our Ipswich offices and serving the whole of Suffolk. Thanks to funding from The Legal Education Foundation (TLEF) we have been able to build capacity to provide legal advice and representation and address the access to justice issues in housing facing Suffolk residents.
In October 2024 we recruited a full-time solicitor, Salma Zuberi, who has been providing a comprehensive pro bono housing advice service and developing our local networks which are central to our role as a community law centre. SLC has continued to run the in-court duty representation service at Bury St Edmunds County Court during this period and now also provide volunteers to the court duty rota at Ipswich County Court run by Ipswich County Court and Advice Representation service (ICCARS). These services provide “on the day” emergency advice and advocacy to anyone facing possession proceedings regardless of means.
In May 2025 Lucy Davies, CILEX lawyer, joined the housing team full-time to re-establish our Housing Legal Aid contract and develop provision of Legal Aid services in housing across Suffolk. The Legal Aid Agency confirmed the award of the Housing Legal Aid contract in July 2025 and we are now able to offer Legal Aid funded services to those facing possession of rented and mortgaged properties, poor housing conditions or requiring assistance to challenge local authority homelessness decisions, alongside the wider pro bono advice housing advice services already on offer. This new service is critical to ensuring access to justice in Suffolk and is a first step to addressing the Legal Aid deserts that are particularly prevalent in housing in East Anglia.
Suffolk Law Centre’s Co-Directors, Sophie Steward and Sue Wardell said, “The provision of Housing Legal Aid in Suffolk has been a key driver for us here at Suffolk Law Centre, but setting up from scratch in an advice desert isn’t easy, and we haven’t always been able to meet LAA verification requirements. We are really delighted that with Lucy and Salma in place we have an excellent team and can get back to offering expert legal advice and support to prevent people from losing their homes.”
Please do contact us if you would like more information on our services or would like to refer someone for housing advice or legal aid funded services office@suffolklawcentre. org.uk
Litigation Update: Artificial Intelligence
The use of artificial intelligence (or “AI” as it is known) is becoming more prevalent in the workplace. However, this also comes with stark warnings about the potential for misuse, even unknowingly. There have been a number of cases recently where the courts have scrutinised the use of AI where barristers and solicitors have been caught citing fake cases in pleadings, witness statements and applications where the cases have simply been generated by AI.
Last month, it was widely reported within the press that a High Court
Judge, Mr. Justice Ritchie found during the course of the proceedings that lawyers acting for the defendants had presented five fake case citations within their submissions. This was the case of Ayinde, R v The London Borough of Haringey. During the hearing, Mr. Justice Ritche lambasted the solicitors (Haringey Law Centre) and the instructed barrister (Sarah Forey), who had filed written submissions which had cited fake cases before the court.
The validity of those cases had been challenged by the defendant’s solicitor prior to trial; however, the claimant’s solicitor wrote back describing the erroneous citations as mere “cosmetic errors”. The claimant solicitor also stated within this open correspondence that the citations could be easily explained but it was not obligated to do so.
Mr. Justice Ritchie described the letter from the claimant’s solicitor as “remarkable” and that it was neither professional, reasonable nor fair to say it was unnecessary to explain the citations. The assertion that these were cosmetic errors was deemed a grossly unprofessional categorisation.
Furthermore, when challenged at court, Ms. Forey, rather than admitting the clear error, doubled down and advised the court that she kept a box of copies of cases and a paper and digital list. She tried to explain that she transferred the relevant cases from that list into her submissions. This was clearly a flagrant misrepresentation given that the cases were fictitious. Mr. Justice Ritche rejected this explanation finding as a fact that the case did not exist. Ms. Forey accepted that the citation errors were serious.
Mr. Justice Ritchie commented:“… the finding which I can make and do make is that Ms. Forey put a completely fake case in her submissions. That much was admitted. It is such a professional shame. The submission was a good one. The medical evidence was strong. The ground was potentially good. Why put a fake case in?”
He stated further: - “I should say it is the responsibility of the legal team, including the solicitors, to see that the statement of facts and grounds are correct. They should have been shocked when they were told that the citations did not exist. Ms. Forey should have reported herself to the Bar Council. I think also that the solicitors should have reported themselves to the Solicitors Regulation Authority. I consider that providing a fake description of five fake cases, including a Court of Appeal case, qualifies quite clearly as professional misconduct”.
This serves as a clear warning to anyone using AI that you cannot forget the absolute basics when drafting, to check the legitimacy of any authorities which you will quote and rely upon. The case above found that counsel and the instructing solicitors conduct had been improper, unreasonable and negligent and the result was a wasted costs order to be paid in equal measure by counsel and the solicitors.
Sean Kirk John Fowlers Solicitors
Sean Kirk
The role of a business valuation Expert
When do you need a valuation Expert?
Where the valuation of a business is required as part of legal proceedings, the engagement of a suitably experienced valuation Expert can prove extremely valuable to both the court and instructing parties or solicitors. Often, this can be relevant where one or both of the parties hold business interests which need to be valued as part of matrimonial proceedings.
The role of a valuation Expert in this instance is to provide an impartial opinion to assist the court in navigating what can often be complex financial issues. This can typically include, but is not limited to, the valuation of a business interest, the assessment of available liquidity of a business from which to enable a ‘lump sum’ payment, the assessment of maintainable earnings derivable from a business, and an assessment of the most tax-efficient method by which to enable distributions to, or transfers of assets between, the parties.
The role of an Expert in business valuation is not limited to divorce matters, nor legal proceedings, and an Expert can be engaged in several capacities. It is common for an Expert to be engaged in the resolution of commercial disputes, for example, where uncertainty arises as to the value of an exiting shareholder’s business interest, in the absence of sufficiently detailed Articles or Shareholder Agreements.
An Expert may be instructed jointly (Single Joint Expert or ‘SJE’) or separately by the parties’ solicitors. The Expert has an overriding duty to the court, so it is critical that an impartial opinion is provided regardless of the instructing party(ies). It is also common for Experts to be engaged by a single party in an advisory or ‘shadow’ capacity, which can assist in providing a second opinion outside of court proceedings, or in determining whether any potential legal claim is worth pursuing.
Why do you need a valuation Expert?
Business valuation can be a complex area, often employing several different methodologies. Whilst some aspects of a valuation may be formulaic, more often than not this can include a significant degree of subjectivity, and so is often considered an art rather than a science.
In determining an accurate business valuation, it is therefore critical for an experienced Expert to exercise their professional judgement, to interpret not only the relevant financial data, but also the specific circumstances of a business and its wider market.
An example of where an Expert may provide important insight in business valuation is in respect of the recent changes to legislation following the Autumn 2024 Budget, whereby the rate of Capital Gains Tax (‘CGT’) applicable to gains attracting Business Asset Disposal Relief (‘BADR’) has increased from 10% to 14% from 6 April 2025, and will increase further to 18% from 6 April 2026. This could significantly impact the net proceeds available for allocation in the matrimonial ‘pot’, depending on the date of any hypothetical business disposal. Other recent changes to legislation relevant to matrimonial proceedings include an extension of the ‘nil gain nil loss’ transfer period to three years following the tax year of separation (or an unlimited period if ordered by the court), giving couples more time to transfer assets between one another whilst deferring any CGT liability until any future subsequent disposal.
Depending on the nature of the matter, it can often be beneficial to involve an Expert sooner rather than later, to provide independent clarity from the outset.
Barry Howell Larking Gowen
How Larking Gowen can help Larking Gowen offer various Expert Witness services including business valuation for matrimonial matters as discussed above, as well as commercial valuation and contractual disputes, and loss of profit or damage claims. Please get in touch with to see how Larking Gowen can be of assistance – enquiry@larking-gowen.co.uk
Climate Change and Flood Risk in Fenland: How Conveyancers Can Advise Clients
Introduction
The impact of climate change on flood risk is becoming an increasingly pressing issue for property transactions, particularly in low-lying areas such as Fenland. Rising sea levels, extreme weather patterns, and evolving flood defence strategies all have a bearing on property due diligence. For conveyancers, understanding these risks is critical in ensuring clients are fully informed before committing to a purchase.
The changing flood landscape in Fenland
Historically, the Fenlands have been highly susceptible to flooding due to their flat terrain, proximity to tidal influences, and reliance on man-made drainage systems. The Fenland Level 1 Strategic Flood Risk Assessment (SFRA) indicates that approximately 67% of the district falls within Flood Zone 3, meaning it is considered at high risk of flooding. Climate change is expected to worsen this situation, with projections suggesting that sea levels could rise by up to one metre by 2100, increasing the risk of both tidal and river flooding.
In addition to rising water levels, changes in rainfall patterns are also a significant concern. The frequency of intense rainfall events is expected to increase, leading to more occurrences of surface water flooding. Furthermore, groundwater flooding could become more common as prolonged periods of wet weather heighten soil saturation levels. These factors, coupled with the natural subsidence of Fenland peat soils, pose a growing challenge for property developers and homeowners alike.
Implications
for property transactions
A recent study by Geodesys revealed that 1 in 3 customers do not consider a flood report for every transaction,
reasoning that property location plays a big part in their decision-making. For conveyancers operating in the region, flood risk assessment is a crucial aspect of due diligence. The presence of flood risk can significantly impact mortgage lending, insurance premiums, and the long-term value of a property. Many lenders now require detailed flood risk reports, beyond the standard Environment Agency flood zone classifications, before approving finance on properties in high-risk areas. To ensure thorough due diligence, conveyancers should look for a full flood risk report providing a comprehensive assessment of the risk to the property.
Insurance considerations are also becoming more complex. While the UK government’s Flood Re scheme provides affordable insurance for properties at risk, it is only available for homes built before 2009. This means new-build properties in flood-prone areas may face difficulties securing viable insurance cover, which could impact their desirability and resale value.
How conveyancers can support clients
A comprehensive approach to flood risk assessment is essential for conveyancers advising clients in Fenland. Beyond obtaining a standard flood search, solicitors should consider climate change projections, the effectiveness of existing flood defences, and potential mitigation measures. The presence of sustainable drainage systems (SuDS), flood barriers, and raised building elevations can influence a property’s resilience against future flooding.
In addition, local government planning policies are increasingly considering climate change when approving new developments. Conveyancers should ensure that clients purchasing new properties understand any
planning conditions or obligations related to flood risk mitigation. In some instances, property owners may be required to contribute to the maintenance of local flood defence schemes, which is a financial consideration for potential buyers.
Jake Hawkey, Account Partner at Landmark Information Group, comments: “As climate change continues to reshape our environment, the property market cannot afford to overlook its longterm impact. Conveyancers and solicitors must now consider both current and future flood risk to homes and real estate. Landmark is proud to work with Geodesys to provide the foresight needed to provide comprehensive advice in a digestible way that’s easy to communicate, ensuring investments are protected against the uncertainties of a changing climate.”
Conclusion
As climate change increasingly alters the flood risk landscape of Fenland, conveyancers play a crucial role in informing property buyers about these associated risks. By keeping current with flood risk assessments, insurance implications, and local mitigation efforts, legal professionals can offer vital guidance that protects their clients’ investments and ensures long-term security. In an era of growing environmental uncertainty, conducting thorough due diligence in flood-prone areas has never been more crucial.
Geodesys offers a range of flood reports and combined environmental risk searches, providing conveyancers with a comprehensive understanding of flood risks to their clients and enabling them to make more informed decisions about their purchase before proceeding.
To find out more visit: http://www. geodesys.com
Solicitors’ Professional Indemnity renewal: insights from an underwriter
Recently, the solicitors’ professional indemnity market has seen an increase in the number of insurers offering firms primary insurance. With more choice available, how should firms best present their risk — and why should they choose HDI?
At HDI, how do we assess you as a firm?
As your insurer, we are there for you when the worst happens. However, insurance is just one tool in your armoury against risk. We look for firms that invest in a clear and robust risk management strategy. We want to hear about how you identify and manage risk in your firm. This can include how you structure your firm, risk management planning, business continuity plans, file review and supervision policies, and external audits.
When reviewing a firm’s proposal form, I like to pay particular attention to the answers that provide insight into the workings and values of your firm. Your submission can be really enhanced, for example, by sharing your firm’s history, any particular specialisms, your future goals, the type of work you like to do and the type of work that you would turn away. These details allow me to take a more holistic view of your firm. Getting your submission in early and in full order is vital. Work with your broker
to ensure you have up-to-date claims summaries. It is also very helpful to include a narrative around any open and closed claims — for example, what the allegation was and what lessons were learned. The fact that you may have experienced a claim is not necessarily an issue — at HDI, we recognise that there is often a story behind every claim, and we are open-minded and willing to listen.
What are the key concerns for Insurers currently?
Whilst the frequency of claims appears stable, the severity of claims has notably increased in recent years. Contributing factors include rising asset values, more complex transactions and defence cost inflation. Worryingly, the market has begun to see more claims exceeding the compulsory primary limit. Firms should have heightened risk management measures in place when taking on matters of high value, or when acting for clients of considerable net worth.
Conveyancing remains the main source of claims, both in frequency and overall cost. Conveyancing firms continue to be prime targets for property fraud. Being aware of key red flags and undertaking rigorous due diligence is vital to protect your firm from such claims.
Additionally, there has been a notable rise in claims from wills, trust and probate work. The drivers for this are a combination of more complex family structures, increases in overall estate values and the challenges that can arise with people living longer. Our advice is that this would be a good time to conduct a review of policies and procedures and implement targeted refresher training for staff.
Beyond this, insurers will be taking into account the economic environment, technological development and other
similar contextual factors as drivers for claims, such as the impact of AI, and the continued cyber threat we all face. Sharing your firm’s policies and risk management strategy for these areas helps provide insurers with reassurance that your firm is well equipped to navigate such challenges.
Why choose HDI as your insurer?
In the past, we have seen volatility created by insurers entering and exiting the solicitors’ professional indemnity market. At HDI, we have the experience, strength and stability to support you now and into the future. Our recent credit rating upgrade by international rating agency S&P Global Ratings to AA- (Very Strong) is a testament to our financial resilience, enabling us to be your trusted insurance partner.
We look to provide law firms with a high-quality, long-term solution. That’s why many of the practices we cover have been with us for the 15+ years as we have been a primary insurer for law firms. We use our specialist experience to ensure that we are the experts for your needs today – and help prepare you for what might happen tomorrow.
If you are a firm with a turnover of under £20 million and would like to obtain a quotation from HDI, please contact Lockton Insurance Brokers.
By Sarah White, Underwriting Manager, HDI Global SE.
Sarah White
More Than Numbers: How Financial Advisers Support Divorce Clients and Their Legal Teams
Divorce is rarely just a legal or emotional process, it is a financial one too. And when it comes to dividing assets, especially pensions, savings and investments, the decisions made can have long-term implications for both parties involved. This is where financial advisers play a crucial role, not only in supporting clients during an emotionally charged period but also in working collaboratively with legal professionals to ensure outcomes are fair, considered, and sustainable.
As financial advisers, we are often brought in after a settlement has been agreed. But the real value we can bring is in being part of the process much earlier. Our involvement from the outset can support lawyers in building a clear picture of the financial landscape and help clients understand what different settlement options might mean for their future lifestyle.
Specialist Pension Knowledge
Pensions are often among the most valuable and most complex assets in a divorce. Understanding how they are built up, what they’re worth, and how they might behave in the future is not always straightforward. Many people, understandably, don’t know the details of their own pension schemes, let alone their spouse’s.
Having worked in the pension industry for years, our firm brings insight and experience that can often uncover important features or hidden benefits within schemes, such as guaranteed annuity rates, protected tax-free cash, or unusual retirement age provisions that might otherwise be overlooked. We know what to ask for, how to interpret what comes back, and how to present that clearly to both the client and their legal team.
Pension sharing orders, offsetting and earmarking all come with their own
complexities. Advisers can add real value by helping clients and their lawyers weigh up the options and make informed decisions. And crucially, we can ensure any transfers or implementation that follow are handled smoothly, avoiding costly mistakes or delays.
Clarity Through Cashflow Forecasting
Another area where advisers can make a real difference is through cashflow forecasting. Divorce is disorienting. Suddenly, the future can feel uncertain and clients are faced with big financial decisions without necessarily understanding what’s affordable or sustainable.
Cashflow forecasting helps clients visualise what life might look like after the divorce, not just now, but five, ten or twenty years down the line. It brings to life the impact of retaining a family home, receiving a pension share, or accepting a particular settlement offer. We can model scenarios for income needs, inflation, future costs such as children’s education or care needs, and illustrate what is and isn’t possible in a clear, supportive way.
This can be especially useful in helping individuals reach an agreement without going to court. If both parties understand what their future could look like, backed by professional analysis, they may feel more confident about finding a fair and workable resolution. This not only supports emotional wellbeing but can also save time, costs and stress for everyone involved.
Supporting the Legal Process
As Financial advisers, we can help interpret complex financial documents, assess settlement options, and ensure all relevant assets, particularly pensions are fully considered and appropriately valued.
We can also act as a sounding board for clients who need reassurance or help
understanding the bigger picture, freeing up legal time and allowing solicitors to focus on the legal intricacies of the case.
It’s worth noting that our support doesn’t end once the settlement has been signed. Often, this is just the beginning of our relationship with the client. We provide continuity and longer-term planning support, helping individuals rebuild financially after divorce. This may involve investment advice, retirement planning, rebuilding savings, or adjusting to a new income level. The reassurance of an ongoing financial relationship can be a great comfort to those starting over.
Working Together for the Client’s Best Interests
At the heart of all this is the client. Divorce can leave people feeling vulnerable, overwhelmed and uncertain. As advisers, we see our role not just in terms of technical guidance, but in providing calm, clear and compassionate support.
Working collaboratively with family lawyers, we can provide clients with a joined-up team that helps them feel supported emotionally, legally and financially. We take the time to listen, to explain, and to guide, not just through the immediate crisis, but towards a stable and secure future.
As the legal landscape around divorce continues to evolve, the need for highquality financial advice becomes even more essential. Financial advisers bring a unique and valuable perspective to the process. One that, when combined with expert legal advice, can make a significant difference to client outcomes.
If you don’t already have a trusted adviser to refer clients to during divorce cases, consider partnering with one. The right adviser won’t just bring technical skill, they’ll bring empathy, experience and a long-term focus that can truly support both you and your clients.
Elite Law Solicitors discover
£270K in a hidden account
Elite Law Solicitors have uncovered £270,000 held in a previously unknown account while managing an estate administration case. The discovery was made following a Financial Profile Search carried out through the legal technology group Estatesearch, which provides a range of estate administration services to help legal teams save time and mitigate risk during probate and deputyship cases.
Meg Wilton CILEX Lawyer and TEP, Elite Law Solicitors explains: “We pride ourselves on offering comprehensive advice to clients. This often means asking the right questions and checking the wider picture to see if there is a recommendation we can make beyond our services which is in the best interests of our client.
“We have used Estatesearch’s services for several years and it is not uncommon to discover the odd account or asset but no one was prepared for what transpired on this occasion. The search yielded a positive match, and further enquiries revealed an account containing over
£270,000 which no one was aware of.
“This represented a huge windfall for our clients. Although funds and the estate was now subject to IHT, both beneficiaries will both still receive a substantial sum once the HMRC account and legal fees are settled. By contrast, if the asset had been discovered after the estate had been distributed, it would have been likely they would have needed to pay interest and penalties to HMRC, so they were pleased and relieved this bank account was discovered thanks to the Estatesearch’s Financial Profile Search we recommended. It was rewarding to work on a case which had such a positive impact on our clients.”
Estatesearch’s Financial Profile Search makes enquiries of more than 150 organisations, searching over 450 companies and brands including banks, building societies, investment managers, share registrars, pension providers and insurers to help identify accounts. Private client solicitors then make further enquiries if a financial institution confirms the subject holds, for example, an account or a pension of which they were previously unaware.
Meg Wilton continues: “This case
has also been a useful example to share with clients to explain about the importance of an asset search. It’s not just about the potential of finding ‘buried treasure’ but also avoiding any penalties or fines relating to IHT or potential additional legal fees should assets become known, even years later and the estate needs to be redistributed.”
Ben Furlong, Managing Director, Estatesearch confirms: “While it is unusual for our Financial Profile Search to contribute to the discovery of an account containing such a significant sum of money, identifying unknown assets is not. Feedback from the 2,000 legal firms we work with regularly shows that 70% of private client firms have identified assets their clients were previously unaware of, thanks to our Financial Profile Search. The report also acts as a due diligence record, a liability bridge should anything surface later. If an asset is found after estate distribution, we can help firms seek to recover readministration costs from the financial institution involved, supporting clients and helping to protect legal firms.”
For more information about Estatesearch’s Financial Profile Searches or Will Searches or to read Elite Law Solicitors’ full case study please see: https://www. estatesearch.co.uk/
For more information about Elite Law Solicitors please see: https://www. elitelawsolicitors.co.uk/
6 in 10 professional advisers report increased demand for estate and tax planning advice and anticipate growth in charitable legacies
• 92% of professional advisers say that estate and tax planning will become even more important following the Inheritance Tax (IHT) changes announced in the 2024 Autumn Statement;
• 60% say they are already receiving more requests for advice;
• 65% say charitable tax incentives will become even more important to their client base; and
• 62% think more people will consider leaving a gift to charity.
Upcoming Inheritance Tax (IHT) changes are already beginning to influence the charitable Will-writing and estates market, with professional advisers reporting an increase in demand for estate planning advice and predicting a rise in charitable legacy giving, according to new research from Remember A Charity.
The changing IHT landscape
In the Autumn Budget 2024, the Chancellor announced that IHT thresholds would remain frozen until 2030, with pension wealth no longer exempt from IHT from April 2027. As such, it’s estimated that the proportion of estates facing an IHT bill will almost double by 2030.
Remember A Charity’s Professional Adviser Tracking Study*
– carried out by Savanta – reveals that 60% of professional advisers (solicitors, Will-writers and financial advisers) are reporting an increase in requests for advice about estate or inheritance planning since the IHT changes were announced. 9 in 10 advisers expect estate and tax planning to become more important under the IHT changes (92%), and that more people will need to consider how to mitigate the tax due (91%). Only 15% think there will be no discernible impact from the changes.
As more estates fall within the scope of IHT, two thirds of advisers believe that the charitable tax incentives will become an even more important consideration for their clients (65%), and that a greater number of people will consider leaving a gift to charity from their estate (62%). Charitable gifts are exempt from IHT and estates that donate 10% or more of the net value can qualify for the reduced IHT rate of 36%.
Tanya Watson, Chartered Tax Adviser and Senior Director at Alvarez & Marsal Tax LLP, says:
“The changes to IHT are prompting a fundamental reassessment of estate planning strategies, particularly among clients who may not have previously been impacted. What we’re seeing is a growing need for tailored advice that balances financial objectives with personal values. Charitable giving can be a highly effective planning tool, and these changes provide a timely reason for advisers to revisit legacy plans with clients who may not have considered this route before.”
Eleanor Evans TEP, Partner, Trusts and Estates Administration at Hugh James, says:
“We’re already seeing an increase in clients seeking early advice on estate planning. Many people choose to leave legacies to benefit a cause they care about, and the tax breaks for gifts to charity provide an added incentive. As more estates will become liable for IHT once the changes take effect, charitable giving is becoming an increasingly important part of the estate planning conversation.”
Advisers communicating charitable giving more actively When it comes to Will-writing, over two thirds (77%) of solicitors and Will-writers now say they always or sometimes proactively raise the charitable option with clients (up from 72% in 2023). Charitable gifts are becoming more prevalent over time, with an average of 21% of Wills written through a solicitor or Will-writer now including a donation. This rises to 24% amongst those who always reference charitable legacies with clients and falls to 14% of those who never do.
Tax incentives are the most prevalent reason advisers give for raising the topic of legacy giving with clients. 92% of solicitors and Will-writers and 86% of financial advisers in the study say they always or sometimes advise their Will-writing clients of the charitable tax incentives.
Lucinda Frostick, Director of Remember A Charity – the consortium of UK charities working to grow the legacy giving market, explains:
“Across the advisory spectrum, we’re seeing more advisers referencing the option of charitable giving when talking to clients about their estate and inheritance planning. While the reasons for giving extend far beyond tax incentives, the fiscal framework forms a natural starting point and these IHT changes make the legacy conversation even more relevant to a wider group. This is helping to build understanding of legacy giving and to inspire more people to support the good causes they care about –alongside their loved ones – from their estate.”
Remember A Charity works with professional advisers, legal partners, regulators, trade bodies and government to build awareness about legacy giving. Find out more at www. rememberacharity.org.uk/advisers.
* A summary report of the findings is available here: https://www.rememberacharity.org.uk/media/seflc0aj/savantasummary-report-2025-public-june-2025.pdf
The 2025 EWI Conference: 20th June 2025 - Another Virtual Success!
A review by Phillip Taylor MBE, Richmond Green Chambers
A legal highlight each year for those involved in expert evidence is to visit the EWI’s Online Conference It is well established as a virtual event working to update us on the work of experts with panel discussions including, this year, ADR. The Conference was again excellently chaired by Kitty St Aubyn with panel chairs.
The event was no different to previous occasions and highly informative! The webinar brings together expert witnesses, solicitors, barristers and eminent judges, including, this year, Lady Rose and Birss LJ. Discussions reviewed key issues facing our expert community, giving legal updates, and delivering “an enlightening day of insight, advice and discussion”. And all online, too, from the comfort of your home or office.
Lady Rose “How to be a witness as well as an expert”
The day’s highlight was the leading keynote address from a Supreme Court Justice, Lady Rose of Colmworth. In her recorded address, Rose reflected on the vital role of the expert witnesses across all aspects of modern litigation and dispute resolution.
Drawing on memorable cases from her time in the Chancery Division and on the Competition Appeal Tribunal, Rose highlighted the powerful impact that expert evidence can have on the outcome of a case. She cited two trends shaping expert testimony involving the nature of an experts’ work for the future.
The first trend identified the growing importance of “collective actions”, where a representative brings a claim on behalf of many individuals. These are sometimes known as “class actions” being “the presentation of individualised evidence from numerous claimants” which can often be impractical as sole proceedings. “Such cases”, Rose said, “increasingly rely on expert witnesses to provide an aggregate analysis”.
To avoid expert analyses duplication, Rose discussed use of ‘hot tubbing’ - always a favourite issue with the conference in recent years because of the imagery of the title! It’s a process where experts collaboratively present and discuss findings before the judge early in the process. It’s also an approach that does narrow the issues, promoting collaboration between experts, and it saves time.
The second trend covered the increased technical nature of expert evidence. “Such evidence is becoming more technical”, she said, observing that “it makes it harder to communicate clearly to barristers and judges, who must in turn explain the evidence in their judgments”
To help experts navigate these challenges, four points emerged:
1. Remember that your duty is to the court and not to the party instructing you. Rose stated that “it’s the judge’s trust and respect that ultimately will prove the most important factor in your evidence being accepted by the court.”
2. Be clear and precise. “Quantity does not guarantee the quality”, Rose explained. “Sometimes the sheer weight of analysis obscures the royal the real point of issue.”
3. Do not underestimate the tribunal’s expertise. Rose made this observation: “You may find that your most searching questions come not from opposing counsel, but from the bench.” Too true!
4. Judges don’t want to trip you up or catch you out. Rose explained here that “We want you to help us understand what for many will be on familiar territory, and if you do that with honesty and clarity, you will find yourselves indispensable to the process.”
Lord Justice Birss
“Expert witnesses: vital participants in civil justice”
Colin Birss is a judge of the Court of Appeal, Deputy Head of Civil Justice, and an advisory editor to “Civil Procedure: The White Book 2025”. A self-confessed “computer wonk”, Birss offered a most useful picture of current issues in civil justice as the most experienced judge in both IP and IT matters today. We were very lucky to hear from him.
Conference aims for 2025 were to assist new experts looking to develop their understanding of key issues; experienced experts looking to develop their practice; and those who work with or instruct experts, so there was much variety again this year.
Expert witnesses come under continual scrutiny in the courts, so the conference provided essential insight and practical advice to help experts further develop their knowledge and skills, obtain instructions, and win repeat business.
Hearing from the senior judiciary, solicitors, and experienced experts, participants could reflect on important legal updates and ethical issues when considering what instructing parties are looking for. As usual, latest case law decisions introduced by Sean Mosby were particularly helpful.
There was a useful participation in a range of practical interactive sessions and discussions which are easy to use once one gets the hang of it in the virtual environment. For those who missed any sessions, recordings from the Conference are available, so thank you again, EWI, for a most successful virtual day. See you next year.
Business Valuation – the thorny issue of undisclosed cash and personal expenditure
Business valuations in shareholder disputes and matrimonial cases often highlight undisclosed cash takings and personal expenditure hidden in company accounts. It can also be relevant when considering the valuation of a company for strategic planning or a business sale.
When dealing with disputes, including divorces, it is not uncommon for one party to raise concerns about undisclosed cash or personal expenditure and the impact they have on the valuation. At the same time, the other party may dispute the existence, extent or relevance of the transactions.
Undisclosed cash takings
Historically, cash-based industries provided an opportunity to not record all takings and to either spend the cash personally or bank it in a private account. The move to a cashless economy has made it more difficult to divert cash income in this way. However, we do come across situations where certain types of business sales are omitted completely from the records and the
sales receipts are diverted to a private bank account.
Quantifying undisclosed cash takings is difficult unless the parties are willing to provide an estimate that we can use in our calculations. In some industries, we may be able to estimate a figure based on, for example, diary entries or bookings. Clearly if the undisclosed takings are banked in a private account, we can use statements from those accounts to quantify the amount omitted from the accounts.
We have had cases where both parties are fully aware of a long-term practice of undisclosed sales and it only becomes an issue at the time of the divorce. We also need to consider the implications in respect of underpaid tax, VAT and penalties.
In terms of the impact on valuation, it depends on valuation basis in our instructions. If instructed to provide an “open market valuation”, we may decide not to include undisclosed takings in the valuation calculation. This may be
because, in our view, the undisclosed takings cannot be reliably estimated or because an external buyer will not be prepared to pay for profits that are not recorded in the accounts. An external buyer may in fact discount the valuation due to the potential tax issue.
Alternatively, if instructed to provide an “equitable basis” valuation, we may decide to include the undisclosed income to arrive at a fairer outcome where one party is going to retain the company and future undisclosed profits.
In a divorce case, undisclosed takings may also be relevant in assessing future sustainable income if it is expected the undisclosed takings will continue.
Personal expenditure within business accounts
In family companies it is common for personal or discretionary expenses to be paid through the company. In the first instance the valuer needs to ascertain if the expenditure has been charged to a director’s loan account or whether it is charged within the profit and loss account.
If expenditure is charged to a director’s loan account, then there is no impact on the valuation of the business. In effect a cash balance is replaced by a debt in the company. It may be an adjustment if the directors is unable to repay an overdrawn loan.
The expert may be instructed to investigate the level of private expenditure in the accounts or it may be identified through analysing the profit and loss variances. However, it can be difficult to identify, particularly if hidden in the “cost of sales” heading.
If the expenditure is in the profit and loss account and can be quantified,
The FHM team
there is likely to be an impact on valuation – potentially significant. For example, let’s assume that the personal expenditure in the profit and loss is £100,000 annually. A value based on future maintainable earnings/ EBITDA and a multiplier will increase: if we adopt a multiple of, say, 5X, then the valuation in this case increases by £500,000.
Again, in divorce cases, personal expenditure within the profit and loss account will impact the assessment of future sustainable income as well as valuation.
Personal expenditure within the profit and loss account may also raise potential issues in terms of potential future tax liabilities.
In commercial valuations for a potential sale of the business, the seller will provide an estimate of personal and discretionary expenses which a buyer is unlikely to continue paying. They will seek to add these back in the assessment of the company’s market value. Such adjustments typically include family wages and other benefits to directors which exceed an assessment of the
commercial salary for the role.
In conclusion
Undisclosed takings and personal expenditure are typically sensitive issues but can have a significant impact on a business valuation. If instructing an expert, it is helpful to engage early with the expert and to provide clear instructions on how the issue is to be dealt with. Valuations can be prepared based on alternative assumptions.
fiona@fhmforensic.co.uk
+44 (0)7770 642491
www.fhmforensic.co.uk
Charities supporting
three times
as
many people
with essential aid, research finds, as sector faces increased financial pressure
The Charity Commission has published its annual public and trustee research, revealing a stark long-term rise in people seeking charitable support amid continued high levels of public trust in charities.
The Commission’s annual survey of public attitudes to charities reveals that in the last year 9% of people received food, medical or financial support from charitable organisations, compared to just 3% five years ago.
While demand for such services has risen dramatically, the Commission’s research shows that charities themselves are feeling increased financial pressure.
Over the same five-year period, the proportion of people who said they’d donated to, or raised funds for charity in the past year, fell from 62% to 48% as households have felt the pinch.
Nearly half of charity trustees said their charity had been forced to make changes as a result of costof-living pressures in the past year (46%). This included stopping some services (11%) and using more of their reserves than expected (17%).
Against the backdrop of these challenges, public trust in charities
remains high, with almost 60% of people reporting high trust in charities – placing them second only to doctors among trusted institutions.
The research indicated that public confidence in charitable spending has improved, with over 6 in 10 people believing donations are reaching the intended cause. This confidence has risen by 7 percentage points in 12 months.
In other findings, the research suggested that charities’ campaigning activities are unlikely to diminish public support in their work – and for nearly half, may increase it. Fewer than 1 in 20 said they would be less likely to support a charity that campaigned, suggesting continued public support for charities that advocate for their beneficiaries.
In the Commission’s annual survey of trustees, also released today, there are signs of slight improvement in banking services, after the regulator and its partners highlighted persistent issues for many charities.
The research found that 38% of trustees reported problems with their charity’s bank, which is down from 42% in 2024, but remains an issue for many.
Charity Commission Chief Executive, David Holdsworth, said:
“These findings highlight the central role of the charitable sector at a time of significant pressures in wider society.
“Charities are providing a vital lifeline to ever more people, while simultaneously navigating their own financial challenges as donors feel the pinch.
“It’s encouraging to see improved public confidence in charitable spending, though there is no room for complacency. Charities must continue to keep their charitable purposes central to everything they do because this remains a key driver in maintaining public trust.
“The data paints both a challenging picture and a hopeful one – showing a sector that continues to be a bedrock of support and community for people across the country as well as overseas, despite navigating unprecedented demand in an increasingly unstable global landscape.”
