Norfolk Law 24

Norfolk Law Magazine of the Norfolk & Norwich Law Society - www.nnls.org - Summer 2015

Annual Dinner Special!

Three pages of pictures from this year’s Annual Dinner, including the NNLS Excellence Award Winners - plus two pages of Treasure Hunt pictures...

Norfolk Law - Contents - 3

This issue...

In this issue we take a look back at the Society’s Spring and Summer highlights including the huge Norfolk & Norwich Law Society Annual Dinner which took place at Blackfriars at the beginning of the month. Turn to pages 6-8 for the event review and full details on the NNLS Excellence Awards.

If you have not already renewed your membership, please do so as soon as possible. The year ahead promises to be the biggest and busiest yet and work is well underway for the Autumn and Winter Events schedule... You can keep up to date with all things NNLS at www.nnls.org Membership 4 Committee President’s Report 5 Christopher Cubitt Event 6 8 9 10

Reviews Annual Dinner NNLS Excellence Awards Norfolk Junior Lawyers Treasure Hunt

CPD Reviews 12 Taxation of Trusts 13 The Use of DNA in Legal Practice 13 Growing your firm with Social Media 14 CQS Discussion Forum News 15 Renew your membership!

Articles 18 Clapham & Collinge Re-establishes itself 20 Drainage & Water 22 Ten steps to prepare your estate and finances

before you die 26 Simple Solution to Accelerate Costs Recovery 27 Review - ‘The Green Book’ 28 The Open Spaces Society

Disclaimer

Norfolk Law is published for the Norfolk & Norwich Law Society by east Park Communications. All rights reserved. Reproduction without consent is prohibited. Any comments or views expressed in any article are not necessarily those of the Society or Publisher. All times, prices and event details were correct at time of publication.

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Norfolk Law - President’s Report - 5

President’s Report Since Easter it seems to have been non-stop for the Norfolk social calendar, Festivals, Big Weekend, a trip to Wembley, more Festivals, a Ball or two. As an eventful 2015 continues through the Spring and into the Summer, Norfolk & Norwich Law Society is pleased to have been there alongside it all with some fantastic events of its own.

These pages of Norfolk Law will review recent events but my personal highlights are below: The NNLS Treasure Hunt. Event organiser David Richards plainly never doubted the success of this event when he announced it the First Annual Treasure Hunt and pre-ordered the winner’s shield with inscription plaques for the next 8 years! I strongly suspect he was right. This was a hugely successful and well attended event and long may it prosper.

The excellent Magna Carta Norwich 2015 lectures and debates finished on 30 June with the Norfolk Community Law Service’s Annual Law Lecture, given this year by Philippe Sands QC on the topic of the Human Rights Act debate. These lectures have been some of the highest quality I have attended and have been the highlight of my year.

Our NNLS training and CPD events diary remains strong. Events do fill up so please keep an eye on the upcoming events via the website and make sure you book in advance.

One to look out for. We are in the process of finalising the details but we hope to host two of the country’s leading Arbitration lawyers to present a lecture on arbitration.

Given the MOJ court closures and hike in court fees is it time to look elsewhere? Is Arbitration the answer?

I know since the increase in court fees some of our larger commercial firms have been busily updating precedents. Hopefully this lecture will enlighten.

The lecture is provisionally scheduled for midSeptember so keep an eye on our website and email footers for details when they become available.

The NNLS Committee had a very positive meeting with Law Society vice President, Jonathan Smithers, ahead of his taking on the role as national President on 9 July. We had a good list of questions from members and Mr Smithers gave frank answers unfortunately the minutes seem to have been lost somewhere in transit but I hope a copy of the questions and answers will be circulated shortly.

Please remember membership renewals are due in July. To aid the process please do be proactive and

contact NNLS Administrator Claire Clarke to book your renewal. Claire will be issuing reminder emails to relevant contacts.

If a sales pitch is needed to encourage your renewal, along with the ongoing training and social events and traditional court liaison and national Law Society liaison, there are a number of new initiatives in the pipeline.

We are creating a ‘members benefits’ offering, with discounts and offers from local business for NNLS members. We are also looking at ways we can help raise the profile of the legal profession in Norfolk.

As I write this I am finalising my speech for the Annual Dinner where HH Philip Curl will take the stage as After Dinner Speaker, I am looking forward to the announcement of the winners of the inaugural NNLS Excellence Awards and the evening will end with another set from the amazing Fortissimo who return to the event once again. For those wishing to continue the evening, there is an opportunity to attend the official after party taking place at St Andrews Brewhouse. A full review of the event is enclosed within for you all to enjoy.

Finally, belated, Happy Birthday to Magna Carta.

Christopher Cubitt, President NNLS

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More pictures & Raffle Winners at www.nnls.org

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More pictures & Raffle Winners at www.nnls.org

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Norfolk Law - News - 15

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A Both Mitochondria

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Norfolk law firm reaches 60 years and reclaims independence

has replaced the bright pink QualitySolicitors logo.

Clapham & Collinge, one of Norfolk’s oldest and best respected law firms, announced earlier this year that it has left national legal network QualitySolicitors after four years. The move to reestablish itself as a completely independent firm coincides with Clapham & Collinge’s 60th anniversary and has been marked with a fresh new visual identity.

On Monday, 9th February, Clapham & Collinge officially reclaimed its independence.

Clients and staff arriving at the firm’s city-centre offices were greeted by an elegant plum and pistachio brand-mark which

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Hugh Berridge is Senior Partner at Clapham & Collinge and has been with the firm for more than 35 years. “As a firm we have never been afraid of change, preferring to tackle challenges head on. Over the years we’ve adapted our services and approach to ensure we always offer what our clients need in a way that works best for them”, Hugh explains. “Becoming part of a large, national network was absolutely the right decision for us four years ago. We were determined to put ourselves in the best possible position to retain our market share and grow as a business. There was a good fit between Clapham & Collinge and QualitySolicitors and we were able to learn from each other and create a customerfocused brand that is now wellknown across the UK.”

“We have enjoyed and benefited from being part of QualitySolicitors but, after a great deal of deliberation, the Clapham & Collinge partners decided that the time was right to start re-focusing on our own brand”, continues Hugh Berridge. “We have always been incredibly proud to be a Norfolk firm and, as we develop the business, the county is where our commitment lies.”

As part of its commitment, Clapham & Collinge is actively involved in a range of local charities and community initiatives. As well as supporting charities such as Break, Will-Aid and the Norfolk Wildlife Trust, the firm develops and promotes its own events such as regular free advice coffee mornings, dementia awareness events and training sessions.

Clapham & Collinge continues to establish its position in the local business community by hosting a number of networking events, such as its annual ‘Lunch on the Green’ in July which attracted over 200 attendees and gave a number of business owners the opportunity to exhibit their services.

Earlier in the summer the firm also hosted a 60th anniversary celebration evening at its Georgian premises of St Catherine’s House in All Saints Green, which saw more than 150 clients and contacts enjoy food and wine from local producers and music from a Norfolk based jazz band.

This year also sees the expansion of Clapham & Collinge’s presence in North Norfolk with the opening of a larger office in Sheringham in July.

Mark Kermez, Litigation Partner at the firm, was delighted to announce the opening of the new office and stated, “it is a great moment for Clapham & Collinge to relocate its North Norfolk presence to a significantly larger new office. The new premises, at the very heart of Sheringham, provide the firm with the base from which to continue with their ambitious expansion plans and we look forward to many more years of providing the very best of legal services to the local market”.

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Drainage and Water Are you getting the full picture?

When considering a property, home buyers don’t usually give the highest priority to drainage assets and water pipes. Hidden below ground and out of sight, it’s really easy to overlook their importance. A property’s value, title and maintenance costs, however, can be directly and in some cases, adversely, impacted by issues relating to these assets.

Geodesys offers the CON29DW for all properties in England and Wales, so we are well aware of the costly oversights that could have been identified, had purchasers used a CON29DW search instead of alternative water and drainage searches, commonly known as Personal or Regulated Drainage and Water Searches.

CON29DW: setting the standard The Law Society introduced the CON29DW to provide a nationally uniform approach to the provision of property-specific water and drainage information. With 23 standard questions it is the only drainage and water search mentioned by the Law Society in its handbook and is supported by a robust and underwritten guarantee that protects home purchasers and their legal advisor(s).

CON29DW: key benefits • Unlimited liability on residential property transactions • Updated as soon as drainage and water legislation changes • Regular legislation and product updates keep users up to date with improvements and legislation changes • Monitored by the Drainage and Water Searches Network alongside The Law Society • Swift turnaround – Personal Searches can take up to five days longer!

• Drainage and water expertise provided at no extra cost to investigate issues arising from a CON29DW, both pre- and post-sale Should I choose a CON29DW or a Personal Search?

Can your clients afford the cost, time and disruption to deal with drainage and water issues. Personal Searches do not tend to include answers to all 23 of The Law Society questions, and instead offer insurance to cover unanswered questions. As issues only tend to come to light once the buyer has moved in, the new owner then has all

the difficulties of dealing with the problem retrospectively.

the issue and connection to the public sewer cost the owner around £10,000.

In contrast to other drainage and water searches, choosing the CON29DW gives the FULL picture. You have all the facts up-front ensuring that transactions can proceed in the full knowledge that any risks have been properly identified.

At Geodesys we had a similar situation where the CON29DW had indicated a connection, where none actually existed.

The home owner had the same issue when waste from the septic tank flooded his landscaped garden but, in this case, Geodesys arranged and paid for connection to the public sewer, as well as for removal of the old tank and waste.

What’s the risk?

This recent case study illustrates what can to wrong and gives an idea of the costs involved.

Would you want an overflowing septic tank in your garden?

A Personal Drainage and Water search was ordered in place of a CON29DW and this search indicated that the property was connected to the public sewer. In reality, there was no sewer connection and sewage drained into an old septic tank. This was only discovered when the tank backed up causing nasty leakage into the homeowner’s garden! Resolving

Call in the Geodesys experts!

At Geodesys, our internal experts are dedicated to producing the most accurate picture they can for you and your clients.

If questions regarding the location of assets are raised either during our checking process or after you receive the search, we do our utmost to find out what’s really going on, including visits to the property.

Above image: Underground cameras are just one example of the equipment we have at our disposal.

Geodesys offers the CON29DW throughout England and Wales, turn around 98% of CON29DW (Anglian Water area) within 24 hours and offer in-house training / CPD on drainage and water.

For more information contact Matt Bowles, Geodesys Client Account Executive on 07764986563 or matt.bowles@geodesys.com and start getting the full picture! www.geodesys.com/con29dw

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Ten steps to prepare your estate and finances before you die Death comes to us all – and you’ll want to be sure that when it does, your estate is handled in accordance with your wishes.

Louise Lewis, a succession and tax solicitor at the law firm Blake Morgan, outlines 10 steps you should take.

1. Where there’s a Will… It’s the obvious one but an estimated seven out of ten people die without having made a Will. It’s not safe to assume that those closest to you will automatically inherit everything in the event of your death – particularly true if you live with a partner but are not married or in a civil partnership. Co-habiting couples have no automatic right to a share of each other’s estates – and there is no such thing as a “common law” husband or wife. So a Will is the way!

2. Choose your goals – Families can be complicated – and your will needs to reflect your precise wishes. For example, if you have children from a previous relationship, your priority may be to provide for your current partner while still ensuring your share of the overall estate ultimately ends up with your children. Or you may want to provide in your Will for someone with a disability in a way that does not interfere with their state support. A solicitor can find the best ways to ensure your wishes are followed.

3. Don’t do it yourself – So-called “DIY” Will kits may seem like a tempting

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option but their use could cause problems in the future. High Court statistics have shown a recent rise in the number of cases launched in relation to disputed Wills – and the use of off-the-shelf kits is one possible reason. Wills that are drafted without the help of a professional can be ambiguous, leading families into disagreements about the deceased’s intentions. A solicitor may cost a little more, but it is money well spent.

4. Keep up to date – Making a Will at any stage of life is a good idea – but bear in mind that circumstances can change. Children are born, couples divorce, families can suffer unexpected bereavements. Be sure to regularly review the arrangements you have made to ensure they reflect your current wishes, and update your Will if necessary.

5. Choose wisely – There are key decisions to make, such as choosing the most appropriate people to act as your executors. You solicitor will be able to help with this. If children are involved then you may also need to choose someone to act as a “testamentary guardian” to look after their best interests.

6. Give gifts – If you know you will be leaving a significant sum to children or grandchildren it may be best to give some away while you are alive to reduce the impact of Inheritance Tax. There is an annual exemption that allows you to give away £3,000 a year without any Inheritance Tax

implications – meaning a married couple could together give £6,000.

7. Trust in a trust – There may be good reasons why you would not want a child to come into possession of a large sum of money on his or her 18th birthday. If you’d prefer that this happened later – perhaps on a 21st or 25th birthday – then it is possible to set up a trust to leave the assets in the hands of a responsible person. If there are concerns you may also consider a discretionary trust, with trustees who decide who the money goes to and how it can be spent (for example they may decide a sum should only be used for rent or to buy a car).

8. Make an inventory – It’s worth making a list of any significant items of financial or sentimental value, and perhaps deciding how you would like these to be distributed. Remember also that these days our assets are not just physical – you may own digital music, videos and photographs or have money in accounts with online retailers and utility companies.

Consider using a secure online service to securely store logins and passwords, which can be passed on to your executors after your death.

9. Be organised – One of the biggest headaches after a relative’s death is making sure banks, utility companies, insurance companies and so on are informed. It’s a good idea to keep a summary of direct debits and contact numbers for a relative to find. Leaving details of your wishes for your funeral can be a weight off the minds of your relatives immediately after your death. Consider a pre-paid plan – if money is tight this can help ease the burden on relatives who may otherwise have to pay up front for a funeral and recover the costs from your estate.

10. Power of attorney – As well as considering what happens after your death, it’s worth being clear about what should happen if you are incapacitated and unable to handle financial and legal matters yourself.

Choose someone to have power of attorney to act in your best interests if you are unable to. The power of attorney ends when you die, in which case the control of your finances will shift to the executor, who may or may not be the same person.

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A Both Mitochondria

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Simple Solution to Accelerate Costs Recovery Leading firm of costs lawyers and draftsmen John M Hayes are proud to announce its partnership with Fee Solutions Limited, providers of finance for solicitors to facilitate effective costs settlement.

Kate Oliver, Chief Executive Officer, said that “……this was an exciting development and one that would be key in furthering the company’s prominent position in the field of inter partes costs, and would be an important platform to increase its market share.” Kate went on to say “……the principal bone of contention with all solicitors is the ever lengthening time that it takes paying parties to settle costs claims, the demands of cash flow resulting in frequently compromised settlements, which otherwise in many cases would not have been conceded.”

The Costs Award Accelerator Solution provided by Fees Solution Limited offers, at a very modest cost, a simple, easy to administer system to assist solicitors when a case has concluded, in negotiating their costs with paying parties on a more equal footing.

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Mike Dobson, director of Fees Solutions Limited, said “Fee Solutions is delighted to welcome John M Hayes to our select panel of Costs Lawyers and Costs Draftsmen and wish them continued success. We anticipate being able to enhance their already high reputation for outstanding customer service and innovative solutions and look forward to helping smooth the cash flow position of their partner Law Firms.”

For a very modest tax allowable charge, or lend fee, the benefits of this scheme are: • No set up Fees • No draw down Fees • No monthly interest charge payments • No requirement to make any payment out of the Office account.

• No personal guarantees required from the firm.

• Up to 80% of the Cost Award Valuation as an advance Mike added “……at a time when even the most successful and well established firms are faced with cash flow pinch points, we feel this is a very timely association between our two businesses, looking to work together in order to bring about a Fee Solution.

Norfolk Law - Book Review - 27

Review - ‘The Green Book’ IF YOU ARE IN CIVIL PRACTICE, THEN YOU KNOW YOU WILL NEED ‘THE GREEN BOOK’ FOR 2015. LET US EXPLAIN WHY! An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers mentioned above, it also comes with a supplementary publication, ‘Civil Court News’, supplied at intervals throughout the relevant year.

All this of course means that the Green Book and/or its supplements can be with you wherever and whenever required. When you purchase the Green Book, you’re getting not just a book, but a service and we are very grateful to the publishers for this is where the law and the procedures are to be found.

This latest edition includes all of the most recent updates to the CPR, including the Civil Procedure (Amendment No 7) Rules 2014, SI 2014/2498; the Civil Procedure (Amendment No 8) Rules 2014 SI 2014/3299; and the Civil Procedure (Amendment) Rules 2015 SI 2015/406.

If you practise in either the High Court or County Court, then you will need to know about ‘The Civil Court Practice 2015’ familiarly known as ‘The Green Book’ which we have all seen (and come to love) during our student years.

The 4 volumes plus a CD are published by Butterworths and LexisNexis together with regular updates, and remain the essential foremost guide to bringing, defending and appealing civil proceedings. “The Green Book” is the standard reference to which judges almost invariably refer in the civil courts- you will see it on the bench when you go into court.

The work provides focused, authoritative and comprehensive coverage of the CPR from a range of experts, including judges, masters and leading practitioners and it is fully cross-referenced to ‘Butterworths Civil Court Precedents.’ The general editors are P K J Thompson and Louise di Mambro.

Known for its clear, comprehensive and pertinent explanation of the Rules, “The Green Book” continues to provide the detailed coverage we expect and need and which, as most practitioners agree, is the premier publication, unrivalled by other texts on civil procedure which are not named here! All this and the inclusion of numerous case examples and their application place “The Green Book” firmly at the top of the litigation tree and highly relevant to readers of this Law Society journal.

All the information you could need is contained in the two main volumes with nothing archived. Yes, it is formidable but is a quite easy to use work of reference and nothing if not authoritative being presented in four formats for the 21st century. You can use it as a book, CD-ROM, eBook and online as part of the Civil Procedure menu and very much part of the way we currently conduct our legal business with all the digital changes that lay in wait for us this decade.

It used to be that ‘The Green Book’ was published every three years (that is going back a bit now). Today, because of the frequent occurrence of massive and significant changes to the law and the CPR and PDs, it’s produced annually and in addition to the reference facilities it provides as

Other new developments include practice direction updates (the 76th, 77th and 78th) and the new cases in their context, together with the various legislative consequences. There is also a note on new developments concerning fees which we feel is most welcome for the advocate.

We feel it is important to mention that “The Green Book” also comes with two additional paperback volumes. One - to give them their full titles - is ‘Civil Court Practice 2015 Procedure and Guidance’. The other is ‘Civil Court Practice 2015 Forms.’ Both extremely useful for litigation staff.

The Procedure and Guidance supplement is a handbook to which you as a practitioner can confidently turn for practical guidance on claims, appeals and applications, matters which you will encounter day to day in the civil courts.

Bearing in mind the reduction in the availability of legal aid and the resulting increase in litigants in person, it is worthy of note that the Forms supplement is useful and user-friendly, for laymen as well as professional practitioners. In fact, the editors and publishers have stated that ‘setting out all the forms in a single volume will assist practitioners and litigants alike.’

It is interesting to quote only one small but indicative example from this particular volume. Section 8 of the ‘Guidance Notes on Completing the Respondent’s Notice’ asks what turns out to be one of the toughest questions for the bemused client; namely: ‘What decision are you asking the court to make?’ Although a difficult question for the litigant, it is at least comprehensible thanks to the clarity and helpful tone which generally characterizes this distinguished publication.

‘We’re pretty proud of it,’ the publishers have said to us. ‘We just wish more people realized how good the content is! Our editor and author team have been fantastic at making sure we are as up to date as possible.’ Yes, they have!

Considering the ever-increasing amount of legal material the civil practitioner has to assimilate, ‘The Green Book’ together with its ancillary services, functions admirably as a friend in need - which does make it an essential purchase for all who practice in the civil courts if you have not already done so.

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The Open Spaces Society interest. This means that we may need to appear at public inquiries and hearings. We cannot afford legal representation so we make use of our inhouse expertise from staff and volunteers with long experience.

Photo: Ian Rowat

This year is the 150th anniversary of the Open Spaces Society.

Founded in 1865 as the Commons Preservation Society it is Britain’s oldest national conservation body. In its early years it saved many commons and other open spaces in and around London: Hampstead Heath, Epping Forest and Wimbledon Common for example. Then it extended its remit to the whole of England and Wales and embraced open spaces and public paths too.

The splendid county of Worcestershire is rich in open land, and it is thanks to the Open Spaces Society that so many of its commons and green spaces are still unspoilt and available for public enjoyment. The society helped to stop enclosures on the Malvern Hills and to secure the Malvern Hills Act 1884 which protects this magnificent range from encroachment and gives the public rights to enjoy it.

In 1895 the society’s founders created the National Trust as a landholding body. The society then established local committees who raised money to buy threatened properties for the Trust. An example is Poor’s Acre, near Woolhope in Herefordshire, which the society bought for the Trust in 1931.

Today the society still champions common land: as a statutory consultee it scrutinises every application for works there. Commons are important to their local communities and it is vital that the society examines all the applications for works. These can be particularly contentious where land managers propose to fence commons so as to introduce grazing, such as at Hartlebury Common, Stourport, and it is important that they recognise the public’s interest. Consequently the society published guidance to land managers, Finding Common Ground, on how to ensure that they take account of all those with a stake in the common before they proceed with plans which might alter its appearance or ecology.

We also help communities to protect their green spaces, by registering them as town or village greens. In Worcestershire we have helped communities to register village greens at Chawson, Droitwich Spa and Austin Rise, Lickey Hills among others. This gives local people the right of recreation there and protects the land from development.

It is more difficult to claim land as a green now that the Growth and Infrastructure Act has been passed, outlawing the registration of greens where land is threatened with development. So we are promoting an alternative means of protecting land, by applying for its designation as Local Green Space in the local or neighbourhood plan. The society is also notified of all proposed changes to public paths in Worcestershire and we study them carefully, objecting if we believe the change is against the public

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In the 1990s we helped to defeat a massive path-reorganisation scheme at Ombersley, which would have shifted more than 100 footpaths and bridleways to inferior routes. It was a 15-year campaign culminating in a public inquiry, involving the society in much time and effort—but it was an important victory, for if it had gone ahead it would have encouraged landowners throughout Britain to devise similar schemes detrimental to the public interest.

The society’s local representatives defend the public-path network and we advise our members in protecting commons, green spaces and paths, taking up hundreds of cases each year. We lobby parliament for better, tougher laws. We have no public funding; we depend on legacies and donations to support our vital work.

Web: www.oss.org.uk Tel: 01491 573 535 Email: hq@oss.org.uk Registered in England and Wales, limited company 7846516 Charity no 1144840

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A Both Mitochondria

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