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This is my last piece for the Bulletin as your President, having handed over the baton to Laura Carter at our AGM on the 7th July.
I have thoroughly enjoyed my time as President. It has been an honour to represent the NLS in our 145th Year and during the Law Society’s bi-centennial. It has been a busy 12 months which really have flown by.
Our Casino Royale dinner in September was a great success with several new sponsors coming on board – and hopefully some if not all of them will continue to support Laura this year.
My two charities of the year were Parkinson UK and Hope UK and we have raised several hundred pounds for both, including a sponsored walk and a quiz evening as well as the money raised from our ‘heads & tails’ game at the dinner.
I plan to do an end of term event soon to
Northamptonshire Law Society
Officers & Council Members
2025
President
Sarah Franklin
Vice President
Laura Carter
Immediate-Past President
Maurice Muchinda
All Council members should in the first instance be contacted through the Society Manager. Welcome all to this
Honorary Secretary
Ika Castka
bring this year to an end a little out of my comfort zone so watch this space!
I’ve attended lots of events during the term including other Law Society dinners, the Northampton Court Service, the annual community dinner during Ramadan and the MALA ball which was a new event for us to be invited to and hopefully one to which our next President will be invited again this year.
I attended an afternoon at the King Power Stadium to see Leicester City Football Club take on Arsenal with the Law Society President, Richard Atkinson. It was really interesting to hear the views and hurdles currently being faced by the Law Society.
We hosted our first afternoon tea with Landmark which was very successful and hopefully we can continue with these going forward.
We made history when I not only attended the RoKart Legal karting race this year, but took part! They’ve never had a President who raced (my team came third) and immediate past President, Maurice Muchinda was also part of a team.
I really enjoy talking to law students – the future of our profession - so it was an honour to attend the law graduation ceremony at Northampton University and speak to our dissertation of the year winner. I was also invited to speak to Law Degree students at Derby University.
Ika has made some adjustments to our Bulletin as you will have no doubt noticed and
Honorary Treasurer Afua Akom
Constituency Member
Steven Mather
Council Members: Jabeer Miah
David Browne
Michael Orton Jones
Euan Temple
Oliver Spicer
Sharine Burgess
Edward St John Smyth
Lyndsey Ward
Hassan Shah
I think she’s doing a great job. We’re trying to make it a bit more personal and hopefully get members more involved. Please do submit news and articles so we can continue to support each other.
One of our long standing Council members and past President, Sharine Burgess has stepped down from the Council this month. I just wanted to say a huge thank you to Sharine for all of her years’ service on the Council. Her advice, thoughts, suggestions and participation have been invaluable and she will be greatly missed.
Our Treasurer, Afua has also stepped down and I want to wish her well and thank her for her contributions and time spent on the Council.
Jabeer Miah will be stepping into the role of Treasurer, with Maurice Muchinda as his Deputy.
We also have a new Council member – Louise Tyler. Welcome Louise!
As we move into the next year with Laura at our helm, there is still plenty to do and I know Laura has big plans! I want to wish her all the best for the forthcoming year and thank you all for your support over the last 12 months.
Kind regards,
Sarah Franklin
President Northamptonshire Law Society
Society Manager
Carolyn Coles
Northamptonshire Law Society
The Gatehouse, Stable Lane Pitsford Northampton NN6 9NG
Tel: 01604 881154
Email: Sec.nls@outlook.com
Northamptonshire
Welcome to your next President
As we click over into a new Presidential Year of the Northamptonshire Law Society I am honoured to be your President this year. I am based on the North East fringes of the county in Thrapston, a lovely bustling
market town. My specialism is Private Client work. I am also a Notary Public – another little known branch of the legal profession (the oldest branch I might add!)
I look forward to working with you all this year to continue the good foundations laid by previous presidents. I would urge every member to come along to our social or training events; to mingle and get to know colleagues. I look forward to meeting many you at the Society’s annual dinner which is a true celebration of what the local legal community have achieved over the previous year.
My vision is to build on what’s already great, and to elevate us even further. I want to focus on three things: growth, inclusivity, and engagement.
• Growth —we must aim to bring in new members, and new energy for the society to grow.
• Inclusivity — making sure every member feels valued and those that there is a range of social and training events to make people want to come along.
• Engagement — to strive to involve the members and retain their interest in our society.
If you want to get involved on Council and make a difference in the local legal community, then please speak to any one of us, we would love to hear from you.
Laura Carter VP President NLS, 2025-26
On 5th July, Samantha Adkins, Associate at Wilson Browne solicitors in Kettering, did an abseil down the Northampton lift tower.
Samantha lives in Northampton and had driven past the lift tower most of her life. Once she found out they did abseils she always said she would do one for her 40th birthday which is in November 2025.
At a recent netwalking event arranged by Wilson Browne solicitors, Samantha met Hope Staines (Events Fundraising Lead)
Abseil for Northampton Hope Centre
for the Northampton Hope Centre who mentioned she could abseil the lift tower and raise money for their charity at the same time! So Samantha signed up!
On the day she turned up excited rather than nervous but unfortunately due to high winds on the day she was advised that it wasn’t safe to abseil on the outside and she had to do it on the inside of the lift tower instead. She became very nervous and also was disappointed because it meant that her family couldn’t come inside to cheer her on from the bottom.
The inside of the tower seemed scarier as it was dark and cramped in places (see the photo with the pipe work behind Samantha’s back). The nerves were real, hands were clammy, back was sweaty! But she did it! You can see from the photos she remained smiling despite the nerves although her hands didn’t stop shaking for ages after!
A different way to spend a Saturday but one raising important funds for Northampton Hope Centre!
Clarity and confidence: Landmark’s perspective on the Law Society’s Climate Change Practice Note
Following the publication of the Law Society’s Climate Change and Property Practice Note1 on 12 May 2025, the Conveyancing Information Executive (CIE) issued a clear and helpful statement outlining what this guidance means – and crucially, what it doesn’t.
What the Practice Note means for conveyancers
There have been understandable concerns in the market about the potential for further “scope creep” – the idea that conveyancers and commercial property lawyers might be expected to become climate risk experts. However, the Practice Note does not impose new legal duties or compliance requirements, as the CIE points out:
• It is not a mandate for solicitors to order climate risk searches.
• It is not legal advice or a compliance note.
• It offers examples, not a checklist, of climate-related risks to include in searches.
Instead, it encourages firms to review their practices, consider how they discuss climate risks with clients, and ensure they are equipped to interpret and communicate the legal implications of those risks – not the technical details.
Supporting property lawyers with confidence We know that many conveyancers and commercial property lawyers already
use environmental reports that include climate risk data – often supplied by Landmark and other CIE members. For those who don’t, the Practice Note is an opportunity to reflect, not a requirement to change.
As Professor Robert Lee, Professor of Environmental Law at the University of Birmingham, stated: “It’s not the lawyer’s job to advise on the technical risk… but clients will expect advice on the legal implications that follow from that risk.”
We’ve captured further insights from Simon Boyle2, Environmental Lawyer and Robert Lee3, to help conveyancers and commercial property lawyers understand what the Practice Note really means for them in this video: A guide to the Law Society’s Climate Change Risk Property Practice Note4
Looking ahead
We believe this Practice Note is a positive step – not because it changes the rules, but because it opens the door to more informed, confident conversations about future climate risk in property transactions.
We’ll continue to work closely with the CIE and the wider industry to ensure that conveyancers are supported, not burdened, as the landscape evolves. Read the CIE’s full statement here.5
Our role in shaping the guidance Members of Landmark’s Sustainability
Team played a key role in the development of the Practice Note. Our Environmental Law Director, Simon Boyle, and Special Advisor, Professor Robert Lee, were both contributors to the Practice Note and coauthors of the accompanying Technical Note. Their insights helped ensure the Practice Note guidance is both practical and proportionate.
Our reports are backed by in-house expertise, and our dedicated sustainability team is always on hand to help interpret findings and support your conversations with clients.
Alternatively, find out more about Landmark’s market-leading Climate Change Risk Management Services6 , Climate Change Reports7 and Sustainability Training Services.8
On Monday July 7th, we held the annual AGM for the 146th year of the Society.
We said farewell to Past President and long-standing council member Sharine Burgess, and our Treasurer Afua Adane
Sharine has served on Council for many years and was instrumental in keeping the Society afloat during Covid. Her “can do” attitude, and no-nonsense approach will be missed.
Having recently started a family, and taking on a significant new role within her firm Afua stepped down from her post as treasurer. Council wishes her and Sharine all the very best.
Sarah Franklin stepped down after her year as President and Laura Carter was welcomed as our new President. Ika Částka is this year’s Vice President and remains Honorary Secretary. Jabeer Miah was appointed as the new Treasurer, with Maurice Muchinda as his Deputy. Louise Tyler was welcomed as a new Council member.
After the formal AGM meeting the members present enjoyed a meal together – always a nice chance to socialise with other members.
The AGM is open to all members and we would welcome input from all our members not only then but throughout the year.
If you are an enthusiastic individual who wants to get involved, please drop me a mail, text or call me to discuss.
Carolyn Coles Sec.nls@outlook.com
Mobile;07543662572
The Legal Aid Agency cyberattack — What does it mean for lawyers?
Background
On 23 April, 2025 it became clear a cyberattack had taken place on the Legal Aid Agency’s digital services as announced in the official notice1 issued on 19 May, 2025. The Agency has been working closely with the National Cyber Security Centre2 and it is now known that the attackers have accessed an extensive amount of data relating to those who have applied for legal aid using the digital service since 2010. This data is believed to include address and contact details as well as dates of birth, ID numbers, employment statuses, financial information as well as sensitive data such as criminal history.
The Ministry of Justice (MoJ), as the Government Department responsible for the Legal Aid Agency (Agency), has urged all members of the public who applied for legal aid digitally since 2010 to, “to take steps to safeguard themselves”3 including being alert for suspicious activity as well as changing any potentially exposed passwords and taking care to verify the identity of persons they are communicating with if they are in any doubt. But, what about the other major stakeholder in the Legal Aid relationship, the lawyers who represent those individuals?
What does the data breach mean for lawyers?
The Law Society4 provided an update on 27 May, 2025 and the Bar Council5 issued a similar statement on 23 May, 2025, covering what the incident meant for the continued operation of legal aid systems as well as providing links to the Government’s dedicated official webpage6 that will provide regular updates on the situation and answers to frequently asked questions.7
The legal regulators are unsurprisingly dealing with several enquiries related to this incident but, at this stage, little is in the public domain whilst the matter is still being investigated.
The latest information indicates that “some financial details of legal aid providers” (such as law firms) may have been exposed, including bank account numbers and sort codes. It is, therefore, essential that those responsible for such potentially exposed accounts are
extra vigilant for unusual activity following this incident.
One positive piece of news is that the official website has confirmed that the scope of the incident relates to a system that functions one way only. Providers (e.g., law firms) can send data to the Agency using it but the system doesn’t provide a return route and so the providers’ IT systems have not been put at direct risk from the incident on the Agency’s system.
It has also been clarified that there is no concern regarding the email systems of the Agency. Individuals and providers can continue to correspond with the Agency using email as they did previously.
Should providers contact individuals impacted?
Sadly, there are a number of notable similar previous data breach incidents in the legal sector, including the July 2006 fire at document storage facility Iron Mountain, the 2007 Child Benefit Agency breach and, more recently, the June 2021 cyberattack on 4 New Square Chambers. In each of those cases, the individuals affected by the breach were contacted promptly by the controllers of the data, so in addition to the Agency’s actions, should providers be doing the same this time?
This is not a simple question, and trying to imagine problems in the absence of any real claims and without the particular factual context of each provider and the information concerned, is tricky. The official Government website states that providers do not need to contact clients either as regards their contractual duties under the Legal Aid scheme or for any wider reason (seemingly such as data protection obligations). Their analysis is that the responsibility for notification falls solely on the Agency/MoJ as the independent Controller or as the nominated responsible controller of this data.
It further notes that the MoJ notified data subjects through the public announcement on gov.uk on19 May, 2025 as well as all providers being notified by email separately. When contacted in one case, the SRA ethics
online helpline has taken a similar approach stating that as “… the data breach has not been caused by the solicitor or the firms affected. There is no need to report to us. In view of this, please comply with any guidance from the ICO and from the Legal Aid Agency on this issue”.
Each provider (whether a law firm or a Barrister) will have to satisfy themselves that they are acting compliantly in relation to their various legal obligations, including data protection ones. It would be sensible to review your operating practices and consider what (if any) data shares you were a part of with the Agency and what data they involved for what purpose and what the nature of the share was. Armed with that analysis, you will be able to come to a reasonable conclusion as to whether you agree with the official website view that no further action is needed on your part in this regard. That outcome could be for example because:
• You assess that you have not shared any relevant information in the relevant period.
• The share was set up as a clear controller to controller share and the breach arose subsequent and separate to the transfer, such that the breach only relates to copies of information under the control of the Agency/MoJ and not to any original copies of that information controlled by you.
This approach is also what has been recommended by the SRA ethics online service, which highlighted that firms will still need, “to consider whether any further advice or guidance is required to specific clients who may be at higher risk due to their individual circumstances — we appreciate that the LAA has put out a public statement but your firm [still] needs to consider this…”.
If you are in any doubt, and in particular, if you believe there might be relevant data that is subject to joint-control between yourselves and the Agency, further investigation and due diligence checks (potentially with expert assistance) are recommended given the tight time limits on the obligation to notify the ICO and to take further action.
It is also important to check the upstream supply chain of any information that you may have provided to the Agency. Because, in addition to the general legal requirements that apply in all cases, it is far from uncommon for additional conditions to be placed on data when they are originally provided. This could be a condition built into the consent given by the individual who supplied their data to you, or it might be a condition built into a data share arrangement between you and the person/body that supplies you with this data in bulk. For example, a Barrister might have a standard data share arrangement in place with a particular law firm under which they are supplied all the material needed for the cases they work on for that firm. That arrangement might have a clause that specifically requires the recipient to notify the sending law firm of any breaches that may arise in relation to the data that is supplied. In those scenarios, the recipient is under an obligation to provide the supplier with that required notification for that data even though the general legal position is likely that they wouldn’t have to otherwise.
Guidance for notifying insurers
Firms might have to justify what they have done, not just on a data regulatory basis but on the basis of duty assumed and ongoing for such clients. In terms of notifying insurers and managing the situation for various clients potentially affected, Marsh considers the safest approach for firms is:
1. To make cyber and professional indemnity underwriters aware that the firm continues to have Legal Aid contracts and clients and clients may be affected, but at this time there are no actual claims, and the firm has no reason to believe that claims may be made against the firm for civil liability (unless that is untrue).
2. Ongoing clients and matters
a. To consider and address the risk for ongoing clients (especially vulnerable, elderly, disabled, unsophisticated) who may not understand or be aware of the attack and offer appropriate warnings, and take steps to ensure communication remains secure.
b. Bear in mind some of these people may be targeted for attack by individuals
posing as “rescuers” using confidential information.
c. Ensure appropriate warnings are sent.
d. Ensure fee earners are alert to the risk that identity theft and impersonation risk is more likely for this group. Where possible ensure the clients understand the extent of the risk they are exposed to given the breach. Changing passwords and watching out for unusual emails and activity is advised.
3. Historic clients and matters
a. It seems likely that if there is argued to be some duty or responsibility on the firm, it might be higher in relation to current clients than those for whom the firm acted many years ago.
b. If the steps needed to identify and contact past clients are relatively straightforward, not entailing significant time or resources, then it seems more possible that there could be criticism by those who fall victim to attacks that no effort was made to warn them.
c. If for example the firm sends a bulletin email to clients regularly, it would not be a difficult step to send a warning as a one-off publication; some firms have put notices on their websites.
d. There may be particular clients who are especially vulnerable and may be at higher risk due to their individual circumstances. Consider for example:
i. A former Legal Aid Agency client who the firm knows received a significant financial settlement and is vulnerable — should they be warned?
ii. Abuse victims might find their new names and locations are leaked if these are known to the Agency; while the firm is not responsible for what has happened, we know some practitioners will have acted on repeat occasions, and always do the very best to protect such clients.
4. Protection of the vulnerable affected should be something the Legal Aid Agency prioritises, but the duty to uphold public trust and confidence in the profession in the best interests of each client and acting with integrity may well be engaged, and action to protect the most vulnerable should be considered.
Conclusion
The recent Agency cyberattack saw personal data belonging to hundreds of thousands of legal aid applicants in England and Wales accessed and downloaded by unauthorised parties. This is yet another stark reminder of the critical need for robust cyber defences in public sector institutions. But also, of how our increasingly interlinked digital world means that cybersecurity is a team sport, even the most active and effective individuals can suffer a loss if others in their team or supply chain take a hit.
While the latest information is that providers’ IT systems and the Agency’s email systems remain secure, providers should stay vigilant for suspicious account activity. Official updates and FAQs are available on the Government’s dedicated webpage.8 Additionally, each provider (whether a law firm or a Barrister) should take the opportunity to consider their unique position and potential exposure here. Both in order to satisfy themselves that they are acting compliantly in relation to their various legal obligations (including data protection ones) but also as regards their obligations to their clients and insurers.
John Kunzler
Managing Director, Risk and Error Management, Marsh UK Thomas Barrett, Partner, CyXcel.
Following the NLS recent training day for property lawyers run by Ian Quayle, NLS Council member Ika Částka was invited to answer a few questions in the Ask the Expert section of Property Law UK magazine
Ian Quayle (IQ). What brought you to commercial property work?
Ika Částka (IAC). Like many of my era, when training I undertook a wide range of different areas of law. I soon realized that I wasn’t cut out to be a litigator and that I much preferred working towards a common goal. I began with residential conveyancing as a trainee and for several years I did a mix of residential and commercial property work. I moved across to fully commercial work as I enjoy the challenge of the more complex and often academic issues which arise – it keeps you on your toes and I’m constantly learning – every day is a school day!
IQ. Do you still enjoy your work?
IAC. Yes I still enjoy the challenge and the interaction with clients!
IQ. When you are onboarding a new client, can you share examples of situations where alarm bells might ring and when you would decline to act?
IAC. There are occasionally issues which do raise alarm bells, although sometimes the “red flags” are only that and further investigation can alleviate concerns. However, from time to time we have had to decline to act. I could set out the SRA/Law Society red flag warning signs, but I’m sure readers are already aware of those.
A few obvious bullet points:
• Why has the client chosen to instruct us?
• If they aren’t local, is the property local to us or is there some other explanation?
• Does the transaction make sense having regard to the client?
• How is the client financing the transaction – source of funds/source of wealth?
• Is the client forthcoming with ID and other information requested?
We carry out online ID checks which highlight potential PEPs, sanctions lists, etc.
We did decline to act for a teenager who was buying a nail salon local to us where the person lived in a different part of the country and where funds were coming from a relative in the Far East, and who was using an e mail address that bore no resemblance to their name. There were just too many red flags on that one!
IQ. If there was one thing you could suggest to make the commercial lease transaction process smoother and more efficient, what would it be?
IAC. Probably as simple as everyone actually adopting the Lease Code and using standardised leases! Having to look at 101 different versions of leases is just so time consuming and we go back and forth on issues where we pretty much know where we will end up anyway.
IQ. If you were taking on a new trainee or member of your support staff, what would
be your three most important pieces of advice when acting for a commercial client buying a commercial property?
IAC.
• Ask as many questions as you need to in order to understand the client and the transaction
• Attention to detail – it’s easy to miss a crucial piece of information if you don’t read things carefully
• Work closely with other professional advisers wherever possible (agents/ surveyors, accountants etc.)- we’re a team acting for the client.
IQ. How do you deal with pre-exchange buyer client inspection?
IAC. We remind the client pre exchange that they will be committed on exchange so encourage them to re inspect before giving us the go ahead.
IQ. Where do you stand on reporting on title? Do you prepare interim reports on title or a full and complete report on title when the due diligence process is completed?
IAC. I tend to report on things as they crop up but then prior to exchange prepare a Report on Title pulling all the important information into one place – that may be an overview if the detail has previously been reported. I think it’s helpful for a client to have things in one place if they need to go back over things but the Report shouldn’t have any surprises.
Amber Ferdous-White taking to the Skies for Cransley Hospice: A Wing Walk in Memory of Neil Dorothy
Recently, I embarked on one of the biggest challenges of my life, a Wing Walk! Alongside the incredibly brave Lara Dorothy. This wasn’t just a personal milestone, it was a heartfelt tribute to Lara’s father, Neil Dorothy, who sadly passed away in 2023.
In honour of his memory and to support Cransley Hospice, a charity that holds deep meaning for both of us, we decided to take fundraising to new heights literally! The idea of standing on top of a plane flying at 125 miles per hour, over 500 feet in the air, was both thrilling and terrifying.
As the day approached, the nerves really kicked in. I couldn’t stop thinking about what I was about to do. The anticipation was intense, and stepping so far outside my comfort zone felt overwhelming. But once I was up there, strapped in and flying, everything changed. The rush of adrenaline, and the powerful emotions tied to our cause all came together in a moment I will never forget.
It was more than just a challenge for me, it was a celebration of
Neil’s life and a way to give back to the hospice that provided such compassionate care. I’m incredibly proud to share that we successfully completed the challenge and, thanks to the generosity of our supporters, raised over £1,600 for Cransley Hospice.
Every donation, message of encouragement, and kind word has meant the world to us. This experience has reminded me of the strength that comes from community and shared purpose. Thank you to everyone supported us, enabling such a thrilling activity to raise so much money!
Amber Ferdous-White is a Legal & Finance Assistant at Wilson Browne’s Northampton office.
Max Engel on the move!
Founded in 1949, Max Engel & Co LLP is led by Partners Helen Carville (Managing Partner) and Sara Lawson. Together, they oversee an all-female (by circumstance, not by design) team of twenty professionals.
The firm recently relocated from Hazelwood Road in the town centre to new premises at Tudor Court in Wootton, a thriving and growing village known for its strong sense of community. The new office offers a bright, modern, and accessible
environment, which has been met with highly positive feedback from staff, clients and visitors alike.
Since relocating, staff have been actively engaging with the local community, including participating in the recent Preston Hedges Primary School fete. In addition, I regularly deliver talks in Northampton (including care homes, community groups, hospices and businesses) on the important areas of Private Client work; thereby promoting greater accessibility to trusted legal services for all.
This started many years ago, when I became involved with Age UK Northamptonshire; working with them to endeavour to ensure that properly qualified, insured and regulated providers (solicitors and regulated professionals being the gold standard) are at the forefront of the public’s radar for trusted legal advice. This is why I can so often be found out in the community giving a talk or providing support to a range of community groups, to benefit not just us as a firm, but the local profession as a whole.
Rebecca Walker Senior Associate Solicitor and Head of Private Client
Rights of Way Public and Private Right of Ways and the Ownership of Roads
In her article, Emily Griffiths explores one of the longest running legal disputes currently before courts which concerns neighbouring property owners and their dispute over sections of tracks that operated between the Properties.
Price v Nunn [2023] EWHC 3200 (Ch) (19 December 2023)
This case centers around whether the owners of a bungalow could obtain vehicular access over Mr Price’s neighbouring farm, as there had been no right of way reserved over the grounds of Woodside Bungalow. With the first solicitor’s letter in this matter being written in October 1960, the first proceedings failed to establish such right and were concluded, after an appeal to the Court of Appeal in 1979, with the grant of an injunction against the then owner of the bungalow preventing him from using part of the track that led through the farm’s farmyard. The second set of proceedings brought were struck out as a result of abuse of process. The proceedings at the center of this article were initially commenced in 2011 by Mr Price, who was seeking to prevent use of a different part of the track.
Facts
The Claimant, Mr Christopher Price, is the freehold owner of Painswick Slad Farm, compromising a farmyard, which is let under summer grazing licences, and a chauffeuring business which from time to time involved parking clients’ vehicles in the farmyard. Painswick Slad Farm is at the botto occupier of a bungalow, Woodside Bungalow, which is at the top of the track.
The track subject to this dispute is divided into three different sections, “the Pitch”, “the Lower Track” and “the Upper Track” The Pitch and the Upper Track are recorded as public highway, with the status of a Footpath. It is well documented throughout this dispute that the Pitch is very steep. Mr Nunn has a registered caution against the Upper Tracks first registration. No highway rights are recorded over the Lower Track and it is not disputed that Mr Price owns the Lower Track.
Woodside Bungalow was built in the 1920’s in the grounds of an older dwelling namely Woodside House. Mr Nunn also owns a separate piece of land referred to as the Paddock. New access to the Paddock was created by Mr Nunn in 2020,allowing him to access Woodside Bungalow by vehicle by driving across the Paddock and joining the Upper Track at the point whether the top of the Pitch, Lower Track and the Upper Track meet. Mr Nunn needed to establish the right to do this, meaning he would no longer have any need to pass through the Farm in order to use the Lower track, as the outcome of the 1976 proceedings limited him and his successors in title to using the Lower Track for purposes connected with the Paddock.
Mr Nunn also constructed hard standing within the Paddock close to the area the three tracks meet for the purpose of parking cars as close to his home at Woodside Bungalow as possible.
The Claimant, Mr Price, however, claims ownership to the whole or one half of the
Upper Track. He is therefore seeking a negative declaration that Mr Nunn has no vehicular right of way over the UpperTrack, and is seeking injunctive relief prohibiting Mr Nunn from trespassing and using vehicles over the Upper Track. m of the track. The Defendant, Mr Johnathon Nunn is the owner and cases in this case can be broadly distinguished into two categories, Right of Way, and Ownership of the Upper Track.
Issues
The pleaded cases in this case can be broadly distinguished into two categories, Right of Way and Ownership of the Upper Track.
Right Of Way
In reality, the issue in regard to the right of way dispute have been broadly narrowed, as Mr Nunn was not perusing his claim to a vehicular right of way by prescription.
The only remaining claim was to establish whether, subject to any estoppel that may be argued, a private vehicular right to the Upper Track under s67 (5) and (7) of the Natural Environment and Rural Communities Act 2006 could be established, on the basis that, alongside it, either the Lower Track or the Pitch formed part of the former public highway for mechanically propelled vehicles (MPV’s). Such a road was known to have existed in 1800 because it was specifically identified in a Turnpike Act, but only for the purposes of giving the Turnpike Trustees powers to discontinue it and to stop it up after the construction of a new road.
Ownership of the Track
In order for Mr Price to allege that Mr Nunn’s use of the Upper Track amounted to trespass, Mr Price would have to claim ownership of the Upper Track. Mr Price claims ownership of the whole of the Upper Track, or alternatively, ownership up to the center line. The basis of this claim is various conveyances from which title to the farm has been derived. Mr Nunn denies this claim on the basis that at no time before 10
December 1919 (one of the conveyances relied upon),did the Upper Track form part of the estate of which the Farm was part of.
The Court will need to establish as to whether Mr Price is estopped or barred from perusing a claim to ownership of the Upper Track as a result of previous proceedings, and the judgement previously handed down by HHJ Cridlan. If it is found Mr Price is not barred from bringing this clam, the Court are to establish whether ownership can be established for the Upper Track in its whole, or alternatively, for the Upper Track to its center line.
“In order for Mr Price to allege that Mr Nunn’s use of the Upper Track amounted to trespass, Mr Price would have to claim ownership of the Upper Track.”
Judgement
This case has a litigation history of over half a century, and has a vast history of previous cases to consider when reaching a Judgement. The ultimate conclusion
was that the farm owned the road up to its center line, applying the ad medium filium presumption that establishes the owner of land abutting a highway or watercourse generally also owns up to the median line (‘ad medium filum’) of the road.
His Honour Judge Russen KC acknowledged that relevant parts of the track had formed part of the road in 1800 and it could not be presumed that the highway had been ‘stopped up’ (the highway land ceases to be a highway, road or footpath ie the highway rights are extinguished in law), Mr Nunn was unable to establish that any private right of way had arisen under section 67 of the Natural Environment and Rural Communities Act 2006.
Comment
Whilst this Judgement concludes some of the longest litigation recorded and spread across some 400 paragraphs, the facts of this case boil down to whether or not a vehicular public or private right of way can be established, and details with the matter of establishing ownership of roads.
This case underscores the necessity for clarity and precision in conveyancing, as well as the importance of adhering to the law. When the law is not executed properly, this case uniquely highlights the scale issues that may arise.
About the Author:
Emily Griffiths is a Trainee Solicitor in the Commercial Property team at Wilson Browne Solicitors. Emily graduated from university in 2021 with a first-class Law LLB, and then went on to undertake the LPC whilst working at Wilson Browne on a part time basis. Emily is now in the third seat of her training contract in the Commercial Property team and has previous experience in Commercial Litigation and Family Law.
This article has previously been published in Property Law UK and is reproduced with their consent.
www.propertylawuk.net
The great Legal walk 2025
On Thursday, 17th July, members of the Northamptonshire legal community gathered to promote awareness and raise funds for local legal charities. Local firms, judiciary representatives, academics and legal charity organisations met outside the Northampton combined law courts and participated in either a 5 or 10k walk around Northampton, ending at the University of Northampton campus. Despite the hot and humid weather, forecasted thunderstorms bypassed the area, allowing participants to complete the walk in the sunshine and without rain. There was a good turnout, and everyone enjoyed the opportunity to both raise funds and network with fellow professionals in the legal world.
Acknowledgements are extended to the staff at Northamptonshire Community Foundation, Dominic Hopkins and Joe Hobbins from HCR Hewitsons, and the University of Northampton for their support in organising the event.
Donations came be made by the following link : www.justgiving.com/campaign/northamptonlegalwalk2025
Carolyn Coles Society Manager, Northants Law Society
Jabed’s Work Experience at Shepherd & Co. Solicitors
Shepherd & Co Solicitors were pleased to work with Abbeyfield School and provide Jabed Ali (pictured middle) 3 days work experience shadowing the Commercial Property Partner; Jabeer Miah and the Residential Property Solicitor; Mahdiya Rasalat and working alongside the Office Manager; Lorraine McLaughlin.
Jabed proved tenacious, motivated and willing to learn. Jabed hopes to qualify as a solicitor in due course and it was a pleasure to have him at the offices where he learnt how a solicitors office operates and was welcomed to the life of a solicitor and learnt key administrative skills and office procedures.
Jabed reflected on his experience as follows:
Meet Lynsey Ward!
“During my work experience at Shepherd & Co., I organised files and observed how legal documents are handled in cases such as housing purchases, wills, and landlord-tenant disputes. The excellent staff made the experience even more valuable, giving me real insight into the practical side of law and the attention to detail it requires ”.
Providing work experience to the future of the profession is key for the Firm and we work closely with local schools and universities.
Carolyn Coles Society Manager Northants Law Society
I qualified in 2012 after graduating from Kingston University London with a First Class degree in Law with Criminology. I
have trained & worked locally ever since. Since 2019 I have worked part time as an associate lecturer at the University of Northampton. I teach on family law modules and practical legal skills in addition to career development. I am an Associate Fellow of the Higher Education Academy. In addition, in 2024 I qualified as a family mediator and I am currently working towards accreditation.
In my spare time I enjoy spending time with
my family and my 9 year old twin daughters! I absolutely love travelling and exploring new places. I am currently packing for a 3 night break to Slovenia whilst writing this. My latest hobby is getting back into netball! I play in the local league every Tuesday evening and some Sunday afternoons.
Although following my recent broken elbow, from roller skating with the kids, I am worried about another injury (the competitiveness gets the better of me even against 9 year olds! ) as someone seems to have a fall most games as you can see in the picture (slightly exaggerated she was fine really- just a few grazes!).
I look forward to meeting as many of you as possible at the upcoming Legal Walk and the annual NLS awards dinner in October.
Lynsey Ward Council Member Northants Law Society
Hi, I’m Lynsey, I am a Partner and mediator at Tollers Solicitors. I work at their Northampton office. I specialise in all areas of private family work.
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 long-term 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
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:
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 re-distributed.”
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 re-administration 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/
Invest 2035: Legal services a key driver of UK growth
The UK government is announcing its industrial strategy Invest 2035 soon recognising that the legal sector, as part of Professional and Business Services (PBS), is a key component of the country’s economy and growth.
Acknowledging that the services sector is one of the country’s strengths signifies a fundamental shift from previous strategies. The UK is the world’s second biggest services exporter after the US, valued at £1.9 trillion supporting regional development and innovation.
The legal sector is a key growth enabler bringing all other sectors together. It is the second largest in the world and the biggest in Europe*. It generated £44 billion in 2022 and grew by 45% between 2013 and 2022. Investing in legal services is an opportunity that cannot be missed. The Law Society is asking the government to:
• invest in the courts infrastructure that are facing a £1.3 billion repairs backlog
threatening the legal sector’s global position and reputation
• open global markets for UK lawyers and law firms by promoting the sector and business mobility
• provide a LawTech grant, loan or tax incentive scheme. The £1.5m LawTech funding that the government has committed to for startups is a welcome start but more ambition is needed
• expand the starting age of the Level 7 Apprenticeship to those over 21 and introduce a similar apprenticeship scheme in Wales. It is essential for people who cannot afford university fees but want to pursue a career in law
• support Wales by providing cybersecurity upskilling schemes, better mapping of the economic value of the Welsh legal sector and ensuring that there is better and more reliable data about the legal sector
Richard Atkinson, president of the Law Society of England and Wales, said:
“Invest 2035 can be a game-changer for the UK economy and the legal sector. The Law Society is looking forward to the unveiling of the new industrial strategy later this week and working with the government to deliver its long-term ambitions.
“Putting legal and professional services at the heart of the country’s economic engine is key to making sure we live up to our potential. The government needs to invest in our courts’ infrastructure, open global markets and upskill English and Welsh lawyers.”
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.
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.
Lady
Navigating student visa translations for study abroad
The student visa season is firmly here for the summer. Students looking to study abroad now face lengthy processes for obtaining visas to study at universities in Europe. The process is not the easiest to navigate and can be costly.
Until Brexit the process was relatively straightforward. Few documents were needed to study in Paris or Madrid with UK universities partnering with European counterparts making the process easier. From my own experience of my daughter attending university in Paris, the greatest challenge was opening a bank account for which she needed a letter from the university confirming she was a student there, her passport and a notarised original and translation of her birth certificate with apostille attached.
Now the United Kingdom has left the EU the process is longwinded and requirements may differ from country to country. The process is not seamless, leaving anxious parents and students trying to navigate it as best they can. It is worth noting there some countries will only accept translations undertaken by their own consulate appointed translators. Others have a list of sworn translators who they will accept translation from.
A good place to is the university itself that will provide information on the process and documents needed. Recently, I found this to be vague when asked to help a family with their student visa.
The student was required to provide original documents including apostilles on all legal documents, as well as sworn translations of the police certificate, sponsorship letters, confirmation of the sponsors’ employment, birth certificates and notary statements.
The family organised for the Foreign and Commonwealth Office to legalise the relevant documents while WS Translations confirmed the legal format required by the relevant European visa authorities and organised the sworn translations quickly. Inevitably, there was a deadline to meet as a visa appointment at the consulate had been booked. Working together with the local notary, WS Translations were able to provide the sworn translations quickly for the family and help the student with studies abroad.
WS Translations has provided accurate legal translation services to solicitors in Northamptonshire for over 25 years, using a global network of qualified, expert legal translators and we welcome your inquiries for further information.
Invest 2035: Legal services a key driver of UK growth
The UK government is announcing its industrial strategy Invest 2035 soon recognising that the legal sector, as part of Professional and Business Services (PBS), is a key component of the country’s economy and growth.
Acknowledging that the services sector is one of the country’s strengths signifies a fundamental shift from previous strategies. The UK is the world’s second biggest services exporter after the US, valued at £1.9 trillion supporting regional development and innovation.
The legal sector is a key growth enabler bringing all other sectors together. It is the second largest in the world and the biggest in Europe*. It generated £44 billion in 2022 and grew by 45% between 2013 and 2022. Investing in legal services is an opportunity that cannot be missed. The Law Society is
asking the government to:
• invest in the courts infrastructure that are facing a £1.3 billion repairs backlog threatening the legal sector’s global position and reputation
• open global markets for UK lawyers and law firms by promoting the sector and business mobility
• provide a LawTech grant, loan or tax incentive scheme. The £1.5m LawTech funding that the government has committed to for startups is a welcome start but more ambition is needed
• expand the starting age of the Level 7 Apprenticeship to those over 21 and introduce a similar apprenticeship scheme in Wales. It is essential for people who cannot afford university fees but want to pursue a career in law
• support Wales by providing cybersecurity upskilling schemes, better mapping of the economic value of the
Welsh legal sector and ensuring that there is better and more reliable data about the legal sector
Richard Atkinson, president of the Law Society of England and Wales, said: “Invest 2035 can be a game-changer for the UK economy and the legal sector. The Law Society is looking forward to the unveiling of the new industrial strategy later this week and working with the government to deliver its long-term ambitions.
“Putting legal and professional services at the heart of the country’s economic engine is key to making sure we live up to our potential. The government needs to invest in our courts’ infrastructure, open global markets and upskill English and Welsh lawyers.”
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 highquality, 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.
And Finally...
I hope that you all had a wonderful Easter break, and as I write this, we have several long weekends to look forward to.
Since I last wrote, I had a great afternoon with my fellow Law Society counterparts (VP’s and Presidents were also there) in Birmingham, organised by Michelle Foster from Notts Law
Society. It is a great way to build relations, share good practices, and support each other. I have been busy supporting the Ian Quayle training event that will be taking place early May, and I had the pleasure of spending a couple of bright blustery hours with Joe Hobbins from HCR Hewitsons planning the legal walk. We have kicked off the planning for the AGM and the NLS Legal Dinner.
Please keep an eye out in on LinkedIn and in your inbox for more details.
Aside from my planning activities we are looking for enthusiastic passionate individuals who would be looking to join Council. Is this is something that is of interest to you, please reach out to any of the council members or you can always contact myself.
Carolyn Coles Society Manager Sec.nls@outlook.co.uk
