Norfolk law 29 online version

Norfolk Law Magazine of the Norfolk & Norwich Law Society - www.nnls.org - Autumn 2016

Inside...

More pictures from this year’s Annual Dinner and the winners of the NNLS Excellence Awards.

Event reviews and full details of the Annual Law Lecture taking place at The UEA Enterprise Centre in November.

Norfolk Law - Contents - 3

This issue...

Norfolk L Maga zine

Welcome to the Autumn issue of Norfolk Law. In this issue we take a look back at the busy summer training sessions and the event of the year, The NNLS Annual Dinner. Full event write ups and photos inside...

President’s Report

5

Committee - AGM

17

Law Society News

CPD Reviews

19

Book Review

6

Property Transaction Opportunities & Pitfalls

20

The Solution to Title Problems

7

Residential Property Acquisitions

22

The Oyéz Gateway

8

Employment Law Update

24

Would you credit it?

10

An Afternoon with Selborne Chambers

26

PDSA Free Wills Scheme

Event Reviews

28

How Technology is Evolving

11

JLD Annual Ball

12

Annual Dinner, Sponsored by Lovewell Blake

14

NNLS Excellence Award Winners

15

- Autum n 2016

Inside...

More pictures from this year’s Ann ual the winners Dinner and of the NNL S Excellence Awards.

Event revi ews and full details of the Annual Law Lecture taking plac at The UEA e Enterprise Centre in Nov ember.

Contents 4

aw

of the Norfo lk & Norw ich Law Socie ty - www.nnls .org

Articles

the Conveyancing Market 30

10 questions to ask your outsourced cashiering provider

Previews

32

Making Land Work?

The Changing Face of the Legal Profession

34

Interviewing Care Workers

www.nnls.org

4 - Norfolk Law - President’s Report

President’s Report This is my last report for the Norfolk & Norwich Law Society and so I would like to take this opportunity to say a very big thank you to all of the committee members and society members who have provided such excellent support and encouragement (usually!) throughout the year-and-a-bit during which I have had custody of the gong. And of course Claire Clarke, our outgoing Administrator, has been invaluable and I owe thanks to Claire for everything she has done behind the scenes.

Published by: EAST PARK COMMUNICATIONS Ltd. Maritime House, Balls Road, Birkenhead, Wirral CH43 5RE Tel: 0151 651 2776 simon@epc.gb.com www.epc.gb.com

www.nnls.org

I have really enjoyed my time as President and can look back on a year of campaigning about court closures and SRA reform as well as the many social events, the Law Walk, the law lecture, the annual dinner (see page 12) and other great moments.

I was fortunate enough to be invited in May this year to a Garden Party at Buckingham Palace as part of the allocation of tickets to the Law Society, as well as attending the Justices Service in Norwich Cathedral and formal dinners with the West Norfolk Law Society, Cambridgeshire Law Society, Chartered Institute of Securities and Investment, Norfolk Association of Agricultural Valuers, Insurance Institute and more.

Advertising/Features Simon Castell Managing Editor Claire Clarke Marketing Richard Castell Design David Coffey/Stuart Turner

At all of those occasions I have been struck by the really positive contribution made by lawyers in Norwich and Norfolk to the lives of individuals and businesses and by how important it is for us to be proud of what we do, to enjoy each other’s company when we can and to celebrate the role of the profession. I am sure you will join me in wishing the next President of the Society every success for the coming 12 months and I would encourage all of you to get involved with what we do.

James Hunter Immediate Past President Norfolk & Norwich Law Society

Published Autumn 2016 Accounts Tony Kay Legal Notice © East Park Communications Ltd. None of the editorial or photographs may be reproduced without prior written permission from the publishers. East Park Communications Ltd would like to point out that all editorial comment and articles are the responsibility of

the originators and may or may not reflect the opinions of East Park Communications Ltd. Correct at time of going to press.

Disclaimer 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.

Norfolk Law - Committee - 5

6 - Norfolk Law - CPD Reviews

www.nnls.org

Norfolk Law - CPD Reviews - 7

www.nnls.org

8 - Norfolk Law - CPD Reviews

www.nnls.org

10 - Norfolk Law - CPD Reviews

www.nnls.org

Norfolk Law - Event Review - 11

www.nnls.org

12 - Norfolk Law - Event Review

www.nnls.org

Norfolk Law - Event Review - 13

www.nnls.org

14 - Norfolk Law - Event Review

www.nnls.org

Norfolk Law - Event Preview - 15

www.nnls.org

16 - Norfolk Law - Articles

Geodesys This The e

www.nnls.org

Norfolk Law - Articles - 17

Public opinion strongly against changes to rules governing solicitors Proposed changes to the Solicitor Regulation Authority (SRA) handbook that would deprive clients of a string of key protections and create confusion for people seeking legal advice are likely to be widely opposed by the public, a new survey has shown.

The SRA has been conducting a consultation on its proposals - due to end on 21 September - with a focus on gauging opinion in the solicitor profession.

Now a survey conducted by Ipsos-Mori and commissioned by the Law Society shows considerable disquiet among those members of the public questioned about proposals to allow some solicitors to advise the public from unregulated organisations.

Those taking part in the survey were asked a series of questions which have direct bearing on the SRA’s proposals which the Law Society believes will create a two-tier solicitor profession.

This could see some solicitors able to work in unregulated companies and offer services to the public without the safeguards required in solicitors’ firms, including holding indemnity insurance, strict rules on conflict of interest and on legal professional privilege (LPP).

Of those asked: • 77 per cent said they thought the businesses in which solicitors work should be regulated • 97 per cent thought it important that advice from a solicitor on a new legal issue should be private and could not be made known to anyone else without prior consent • 67 per cent felt it would be unacceptable for a solicitor from the same business to advise the other party involved in their legal issue • 86 per cent thought businesses in which solicitors work should have professional negligence insurance • The survey asked if the money clients pay to solicitors up front should be kept in a separate account and used only for

services to deal with the client’s issue rather than being used for any other activities carried out by the business in which the solicitor works. Nearly 88 per cent thought the monies should be kept separate.

The results reported here are based on a representative sample of 1,647 individuals interviewed between the period 2-18 September 2016, and 36 per cent of those questioned said they or a member of their household had sought advice from a solicitor in the previous three years and therefore had direct experience of solicitors.

Law Society chief executive Catherine Dixon said: ‘It’s clear from this survey that the changes to the rules governing solicitors are liable to be met with widespread opposition among the public. We urge the SRA to think again as their proposals will undermine public confidence in the solicitor profession and cause confusion for clients.’

The Law Society is asking solicitors to take part in the SRA consultation which closes on 21 September.

www.nnls.org

Did you know that just mentioning a charitable gift to your clients could double the amount raised for good causes?

A recent study* found that people prompted to think about charitable giving were twice as likely to include a gift. Clients asked if they were passionate about any good causes were three times more likely to make a gift in their will. And the value of their gifts was double the normal amount. This is why I’m asking for your help.

You could help double the amount raised for charitable causes just by asking your next client if there are any charitable causes they are passionate about. mind.org.uk/wills

We’re Mind, the mental health charity. We believe no one should have to face a mental health problem alone. We’re here to make sure anyone with a mental health problem has somewhere to turn for advice and support.

Douglas Flood, Mind Wills Team mind.org.uk/wills

Mind is the leading mental health charity in England and Wales and gifts in wills are vital to fund our work. In 2014-15 around 65,000 enquiries were answered by our helplines. So, you can see how vital this source of income is to our ability to fund these services, provide information, and support people coping with a mental health problem.

We can only continue our work because of public support, events, donated goods sold in our shops, donations and gifts in wills.

Our 2015 supporter survey showed that 40% of our supporters would consider leaving a gift. But the number of people who actually make a gift is far lower. This isn’t just a challenge for Mind, because only 16% of wills subject to probate end up including a gift to any charity.

PS - Mind is part of a consortium of charities in Free Wills Month in Norwich this October. Clients using the offer have no obligation to make a gift to any charity in the consortium, or outside it. Although we of course hope that many will see this as a chance to help us. More details at www.freewillsmonth.org.uk *Behavioural Insights Team, Cabinet Office 2013.

Norfolk Law - Articles - 19

Book Review

by Phillip Taylor MBE, and Elizabeth Taylor of Richmond Green Chambers

Marjoribanks which people of my vintage read as part of our legal studies decades ago.

Counsel today are not (thankfully) viewed in the same way as they were in the early 20th century. The Bar has rightly moved away from its heavy newspaper emphasis on “celebrity lawyers” in a different media age although we do have a few contemporary contenders whom we all know and love!

MARSHALL HALL A Law unto Himself

The bitchiness and downright hostility and grudge-holding which permeated the Bar of the past are well documented in this thoughtful and well-constructed new biography. Smith has not been constrained by sycophancy which has been the problem of so many biographies when the subject has recently passed on. So we have a reasoned and meticulous analysis for 2016.

By Sally Smith QC ISBN: 978 0 85490 187 6 WILDY, SIMMONDS & HILL PUBLISHING www.wildy.com A COMPASSIONATE MAN WHO WILL REMAIN MOST SPECIAL TO ALL ADVOCATES AND TO THE GENERAL PUBLIC This important biography is a book about yesterday for today’s readers before everything changes with the way we do our legal business.

It’s quite possible that the art of the advocate will be modified again very rapidly in the twenty-first century as we see the creation of new ways to resolve disputes with emphasis on the written word and online decisions.

That is not to say that Marjoribanks produced a work with only the good points covered because he did not so his work should always be read for the excellent points of advocacy and speech detail covered in 1930s. He had to leave certain matters out which were and remain common knowledge about Marshall within the Bar and made him the man he was. We now have a better picture of Marshall the man thanks to Sally Smith.

I am sure most judges are delighted not to have to sit through a modern day Marshall Hall, if she or he could ever exist now. It’s highly unlikely as they would probably be disbarred if not sent to Coventry pretty quickly if they tried some of the splendid devices Marshall used (which still work, actually, but be very, very careful).

However, Sir Edward Marshall Hall will always remain top of the advocate’s tree as a man who fitted into a particular part of our more recent legal history during that winding down period of what was a particularly brutal and insensitive judicial past.

Not everyone can be such a good advocate because one cannot, as Marshall’s life shows, learn such an attribute or facility: it has to be experienced. Yes, experience does count but the very frailty and vulnerability of the human condition makes the successful advocate that very special person who was needed at a time of judicial homicide and massive public interest in capital trials.

Sally Smith QC gives us the twenty-first century view of an Edwardian barrister following on the seminal work from Edward

Fortunately, we can decline the services, generally, of a modern day Marshall because the sanctions are all most moderate in

comparison with his time yet the crimes were just as gruesome. There’s something about a capital trial which is always going to be different and the nearest we get to it today here is the death sentence passed on a pet (non-human) unless one has actually represented parties in capital proceedings abroad.

One can reflect, when reading Sally’s exceptionally crafted account of Marshall’s life, why he was the way he was irrespective of the outcome of his cases and those clients who lied to him: it has happened to all of us, of course.

There is always a bit of Marshall Hall in all of us as advocates even today when we are heavily constrained by what we say and do.

The recommendation is that all budding advocates should ensure they read this new well-researched version of Marshall’s life afresh, especially trainee lawyers at any level.

If he was nothing else, Marshall lives as a man with a warning about how we should do things in our forensic world: with care, meticulous planning and checking, relevant specific expertise and a special flamboyance so often sneered at by some both then and now… but it does work!

And this book also works for modern Counsel today and should be compulsory reading for all lawyers and general readers for the future.

Final words are left to Smith at the end of the 19 chapters when she writes that “Marshall was the ultimate exponent of total advocacy: he lived his entire life as though the world was one huge courtroom and its inhabitants a universal jury to beguile. He cared little or nothing for the restraints of his profession, or for the discipline of the law; be he introduced the concept of compassion into a legal system in which it was lacking, was universally adored and trusted by those whom that system is meant to serve, made speeches of such extraordinary power that they have lived on for more than a century and, more important of all, saved many lives. No other lawyer could claim that.”

Absolutely!

www.nnls.org

20 - Norfolk Law - Articles Event Review

Title problems holding up your transaction?

Stewart Title has the solution.

Here at Stewart Title many of our Underwriting and Business Development Team have experience of working in busy conveyancing teams so we understand the time pressures property lawyers are under.

In order to help you we have spent a lot of time developing a new on line site which offers a wide range of the Title Indemnity policies you need and we are pleased to announce that our new Stewart Online Solution site is going live this summer.

Stewart Online Solution is an intuitive system which allows you to order over 150 individual policies providing cover of up to ÂŁ5,000,000 in 3 simple steps. The site will enable you to combine all the risks you need for a property within one quote and to benefit from a further discount for the combined premium.

Like our bespoke policies, Stewart Online Solution can offer cover for both residential and commercial properties in England, Wales, Scotland, Northern Ireland and Isle of Man. As part of our aim of providing a real solution to your problem; most of our existing use policies provide automatic 10% inflation cover for the first 10 years of the policy.

www.nnls.org

We realise that in many cases you need to get the approval from another party or their lender to the policy so Stewart Online Solution automatically generates a draft policy that you can save or email to other lawyers. Once you have that approval you just need to enter the commencement date and issue the policy for cover to commence.

If you can’t find the policy you need our Telephone Solution Team is ready to deal with your query or to order a policy for you. Where additional help is needed; our highly experienced Underwriting Team can assist and our bespoke policies are fully integrated with the new system.

To make accounting and administration as easy as possible, the system allows you to keep all of your firms quotes, ordered policies, invoices and accounting history in one easy to access part of the site.

To get more information or to request a demonstration get in touch with me by email (robert.kelly@stewart.com) or by phone (07415240703).

22 - Norfolk Law - Event Review

New digital submission portal will facilitate submissions to Government authorities

According to government statistics, there are currently more than 650 transactional services provided by UK government departments that process more than 2.4bn transactions every year.

The Government’s much heralded Digital by Default strategy was announced in 2010 with the objective of replacing cumbersome and expensive paper transactions with an easier and more cost efficient digital model.

However ideal these digital solutions may be in relation to the general public, the non-collaborative approach taken by government agencies is inadvertently adding complexity to processes for law firms. Separate sign-ins and different workflows for each authority are just two examples of why government portals are not an ideal environment for the legal practitioner.

Additional efficiency barriers include limited functionality and reporting, time-out issues and, critically for law firms, a threat that risk management and compliance could be compromised. In response to these shortcomings, Oyez Professional Services has developed the Oyez Gateway digital submission portal, a single independent platform that allows submissions to all relevant Government authorities. This will allow legal practitioners to collaborate and incorporate digital submissions into their current workflows using a common process across multiple government agencies. Ultimately this will lead to more efficient, lower cost submissions and the adoption of workflow collaboration will reduce the risk of submission rejections.

The first portal developed for The Oyez Gateway is the Companies House Charges Module (MR1-5, LLMR1-5), from an agency whose intent is to be 100% digital by 2019. It was designed with the twin principles of more efficient, lower cost digital submission and the enforcement of workflow collaboration which reduces the risk of non-compliance. The Oyez Gateway Companies House Charges Module has generated strong interest from larger law firms including two top ten practices who are looking to future proof their submission processes.

www.nnls.org

The Oyez Gateway removes the risks associated with unsupervised submissions. An option was developed that allows a pre-elected authoriser to check and approve all submissions before they are sent to the receiving authority. Users also have access to a dashboard view of submissions, listed by their current status, and can share view links with relevant co-workers to bring them into the process. The general collaboration engine is enhanced for each specific area of e-submission, and for the Companies House Charges Module (it verifies company details against the receiving authorities register as the user enters the data, thus removing the risk of submitting incorrect details that could lead to rejection. Users can also view the attached legal instrument to ensure the correct one is attached. Human error is minimised through the Gateway ‘Duplicate’ feature by automatically transferring original data directly into the newly created copy of the initial document.

By centralising the point of release for all submissions, the Oyez Gateway also neutralises any access issues caused by technical problems with the receiving government service. The Gateway can detect and notify all users of any changes in availability and submissions are held securely until they can be released.

The Oyez Gateway also offers the elasticity of a UK cloud hosted service. It allows system users to be added, removed or updated instantly, and enhances security and reduces demand on internal infrastructure and IT resources. .

Digital: www.oyezgateway.co.uk Tel: 0845 017 5517

Norfolk Law - Articles - 23

www.nnls.org

24 - Norfolk Law - Articles

Would You Credit It…?

I was interested to see the introduction of a new piece of legislation earlier this year entitled The Small and Medium Sized Businesses (Credit Information) Regulations 2015. This has relevance to solicitors and their clients.

These regulations were one of a number of measures in The Chancellor’s Autumn 2014 statement. The idea is to free up the flow of credit information between lenders and Credit Reference Agencies (CRAs) thereby in theory increasing the amount of lending to small businesses (defined here as turning over less than £25million).

However laudable the reasoning, I imagine many SMEs might be quite surprised to learn of the extent of information which can now be shared between (at the time of writing) nine major banks and three credit institutions.

The information covered by the Regulations includes; • Current account balance • Average, maximum and minimum balances • Total payments to and from the account • Loan balances and repayments • Number of missed repayments

www.nnls.org

As you can see the information retained by the CRAs is quite extensive and a finance provider will now have the opportunity to request credit information from the CRA once they have obtained the permission of the SME to do so. Presumably any business in need of finance will be willing to grant such permission but the customer’s authority for the bank to release the information to the CRAs in the first place will be incorporated into normal banking terms and conditions. Whilst only finance providers will access the detailed information held by the CRAs, general credit ratings for a business will be far more scientific and up to date than in the past, which arguably, is a good thing.

Small misdemeanors such as a brief breach of an overdraft facility will be part of the information now available to assess creditworthiness. In view of the impact general day to day banking activity can have on a credit rating, it has never been more important for small businesses to manage their financial affairs efficiently and to ensure that they have access to real time financial information about their own organisation.

Paul Briddon is the lead partner at Lovewell Blake for services to the legal profession.

Disclaimer: Please note that this article is provided for your information only. Whilst every effort has been made to ensure its accuracy, information herein may not be comprehensive and you should not act upon it without seeking professional advice.

26 - Norfolk Law - Articles

Vet charity PDSA launches nationwide Free Wills scheme Veterinary charity PDSA, which provides care for sick and injured pets of people in need, has launched a nationwide Free Wills service for pet lovers and is seeking solicitors to join its programme.

The charity’s vets and nurses provide over two million treatments every year, helping 300,000 owners who would otherwise be unable to afford veterinary care for their pets. Two out of three treatments are funded by gifts in wills, making the charity one of the UK’s most popular beneficiaries among legators.

Ruth Lister, PDSA’s Legacy Development Manager, says: “Legacies make up a vital part of PDSA’s funding.

When we piloted our Free Wills scheme, we had a fantastic response from animal lovers who chose to leave a gift to us.

This lasting legacy shows their love for pets by helping us provide our life-saving veterinary services across the UK.”

www.nnls.org

PDSA will pay participating solicitors a fee to write a simple or mirror will. Clients may then choose to leave a gift to PDSA in their will although this is not compulsory.

“PDSA has been saving, protecting and healing pets for nearly 100 years and we are one of the most popular animal charities to offer this free will service,” said Ruth. “We hope solicitors will add us to their current list of Free Will charities, or work with us to provide free wills for the first time.”

PDSA’s offer of a free simple will or codicil is available to individuals or couples over the age of 50, with solicitors building up ‘will banks’.

Dominic Mackenzie of Ison Harrison Solicitors, Leeds, said: “Partnering with PDSA on their Free Will offer has given us the opportunity to secure long-term business with clients who require executor and other services.

It is also a great way to demonstrate our commitment to corporate social responsibility, supporting a charity that helps hundreds of thousands of pets each year.”

Solicitors across the UK can join PDSA’s Free Wills offer, and right now the charity is especially keen to hear from firm in the following areas; • Leicestershire • Derbyshire • Northamptonshire • Cambridgeshire • Worcestershire • Hertfordshire • Suffolk and North Essex • Norfolk For more information about joining PDSA’s Free Will scheme, please visit: www.pdsa.org.uk/freewill or contact Ruth Lister on: 01952 797 274 or lister.ruth@pdsa.org.uk.

Norfolk Law - Articles - 27

T This The e

www.nnls.org

28 - Norfolk Law - Articles

How Technology is Evolving the Conveyancing Market

By Adam Bullion, General Manager of Marketing - InfoTrack Recently, Apple announced the release of their latest iPhone, and as is seemingly tradition with these releases, there is often a controversial twist involving legacy standards and processes that shake up the status quo, ones that show Apple as a frontrunner of technology.

These moves have included the removal of CD and disk drives in Apple laptops; the changing of charging ports; and most recently, the universal audio jack has been replaced by lightning port, causing much heated debate amongst consumers.

However, all these decisions, whilst contentious, are geared towards Apples’ goal of driving the market forwards and making the consumer think differently.

So how do Apple and their strategic product plays apply to the conveyancing sector?

Technology does not distinguish between

industries. There are many companies that create technology specifically for the legal industry, and are working to push the limits of the legal process status quo, driving the market to invoke change.

However, it is not only the companies but also the early adopters of new tech that are needed to push changes in the market ahead, and within the legal world, law firms will find themselves benefitting from the risk/reward model that this offers. InfoTrack are one such technology thought-leader who, similarly to Apple, demonstrate an understanding of driving change in a market through a process of evolvement. InfoTrack are introducing solutions that encompass the process from searching through to SDLT submissions and AP1 transfers, and most recently, the introduction of electronic contract packs (eCOS). eCOS is a paperless solution that offers an electronic alternative for preparing and exchanging contract packs (including the TA6 and TA10 forms) between the buyer, seller and their solicitors. Electronic contract packs are a great example of the type of technology that

consumers now expect from their conveyancer during the selling process. These Contract Packs are lodged in InfoTrack’s portal and can be accessed from any device, at any time.

Utilising this technology avoids delays that are often a result of postage, making eCOS technology an appealing advance for the conveyancing process.

Unique to InfoTrack, the development of the eCOS is a strategic move to drive change in how conveyancing is conducted, and to encourage law firms to move from legacy based, manual processes to working predominantly in an electronic environment.

Companies who take a trail-blazing approach like InfoTrack and Apple, aim to make an impact and lasting contribution on a market. However, they are also aware that implementation can be a slow process of adoption which is why evolution, over revolution, is important. In the conveyancing world where faster, safer, smarter solutions are needed sooner rather than later, it is imperative that the profession are adopting technology from businesses who push the boundaries to drive the market forward.

Win a trip to Australia with InfoTrack If your holidays aren’t yet planned for 2017, then it’s worth checking out InfoTrack. InfoTrack have announced their latest incentive – a prize draw to win a two-week holiday for 2 to Australia.

Having recently added electronic contract packs to their platform, InfoTrack are a service provider that bring together all the key conveyancing tasks under one roof, including SDLT Submissions and AP1 Transfers.

For the chance to win the trip to Australia, InfoTrack customers receive an entry each time they use one of three services – eCOS (electronic contract packs), SDLT or AP1. The more often these services are used through InfoTrack, the more entries users will receive into the prize draw.

Adam Bullion, General Manager of Marketing at InfoTrack comments ‘We recognise that our clients work very hard. Our aim is to bring the enjoyment back to conveyancing through technology. The prize of a trip to Australia, running through to the end of December, is designed to be enjoyable and simple to enter, which is similar to our platform. The more a user conducts SDLT Submissions, AP1 Transfers and eCOS (electronic contract packs) through InfoTrack, the more entries they’ll get, increasing their chances of winning.’

For more information and to find out how the promotion works, simply visit http://www.infotrack.co.uk/takemetoaustralia

www.nnls.org

30 - Norfolk Law - Articles

10 questions to ask your outsourced cashiering provider

Outsourcing is a strategy increasingly adopted by law firms eager to operate more efficiently and focus on their priorities of fee earning and business management.

But, before engaging an outsourcing provider, careful screening is recommended.

To help you, we’ve compiled 10 top questions…

1. Who will manage my account?

4. What are the costs to outsource?

As you’ll be working together closely, will a dedicated individual be handling your day-to-day tasks and is there an assigned deputy for absence cover? Also, who heads up the team? Over time, you’ll need to interact with your cashier, deputy and supervisor so chat over the phone or meet face-to-face to decide if you’ll get on well.

Secure detailed pricing up-front to avoid any nasty surprises from hidden costs later on. Do any add-on fees apply for various outsourced service components?

What happens if your business changes? Will the service scale up or down alongside you?

Finally, weigh up the final pricing structure against the in-house alternative – employing staff and purchasing software – to get the total pricing picture.

2. Do you have a proven track record in my industry?

Specialist suppliers to the legal profession are well versed in how you work and the challenges you face. Check credentials, ask about service level agreements and request reference sites.

Speak with a handful of these existing customers for honest feedback about service quality and overall satisfaction to assist your purchase decision.

3. What’s the status of your financial health and ownership?

This is potentially the beginning of a long-term partnership. Probe into the supplier’s profitability, stability and longevity. You might want to review their balance sheet at Companies House as a starting point. Successful, independently owned, long-standing businesses are preferable for obvious reasons.

www.nnls.org

5. What are your security measures?

Enquire about encryption, firewalls, password protection, physical data centre antiintrusion systems, regularity of software updates and back-up procedures. In the rare event of a security breach, what’s the provider’s response plan?

How will they handle incidents and rectify any ensuing data or financial losses? Seek minimum ISO 27001 standards and a business continuity plan.

6. How quickly can I get up and running?

How long will it take to set up and configure your database in order to make the switchover to outsourced support? Likewise, for the supporting software package (if provided), what time period’s required for granting access and delivering end-user

training? Along the way, is there a migration plan to ensure a smooth transition? Allow up to 6 weeks.

7. What are my minimum contract terms and how do I terminate?

Life happens, circumstances alter and cancellation can become a necessity. What’s your escape strategy and who owns your data? Read the standard contract small print so you know exactly how long you’re committing yourself to at the outset. Your provider should act as custodians of your data so ensure you’re offered transitional assistance with data provided in an appropriate format for your retention if the relationship comes to an end.

8. What happens if I have a problem out of hours or receive notification of a compliance visit?

The norm is 9am-5pm support with 24/7 system access for your accounts and matter data. If you’re informed of a compliance visit from a governing body, however, can you contact your provider for assistance preparing reports and other documentation? And, are they available during the visit itself should any queries arise? Any self-respecting provider should be willing and able to provide this type of back up, even if it’s overand-above the normal call of duty.

9. What other outsourcing services do you offer?

Some providers will have an extended range of offerings so you can take advantage of optimum outsourced support, for example payroll and pension management. If they offer software too, better still. ‘Onestop-shop’ provision takes convenience to a new league because you have one point of contact for everything.

10. Why should I outsource anyway?

If you’ve got retiring, resigning or long-term absent employees, and if you’re just a tiny bit curious what positive impact outsourcing may have on your business, then begin your enquiries. Outsourcing isn’t always the answer but imagine the possibilities if it is.

Julian Bryan joined Quill Pinpoint as Managing Director in 2012 and is also the Chair of the Legal Software Suppliers Association. Quill is the UK’s largest outsourced legal cashiering provider with 35 years’ experience supplying outsourced services and software to the legal profession.

To contact the Quill team, call 0161 236 2910, email info@ quill.co.uk or visit www.quill. co.uk/cashiering.

Personal Injury & Clinical Negligence Assistant to Head of Department - Norwich Hours 8 - 16 per week (flexible) Experienced part time Solicitor/FILEX required to assist busy Head of Department with growing caseload.

Duties include: • meeting/liaison with clients and witnesses • drafting statements and pleadings • instructing experts • sorting medical records • preparation of instructions to Counsel • attending case conferences.

Experience of complex personal injury claims including stress at work, industrial disease and clinical negligence work desirable.

Would suit a semi-retired person or one with children of school age as hours/days can be flexible.

8 – 16 hours per week, salary commensurate with experience.

If you are interested in this position, please apply with a full CV to: hbrown@fosters-solicitors.co.uk or by post to: Heather Brown, Fosters Solicitors, William House, 19 Bank Plain, Norwich NR2 4FS. Please apply in person. This post will not be filled through agencies.

We are an equal opportunities employer.

www.nnls.org

32 - Norfolk Law - Articles

Making Land Work?

Remember the Law Commission report of 2011? It’s been dusted off and we can now expect a draft Property Bill courtesy of Her Majesty in the Queen’s Speech of May this year.

This together with other measures such as the Neighbourhood Planning and Infrastructure Bill are designed to simplify the law relating to ownership and use of land.

The Neighbourhood, Planning and Infrastructure Bill will provide new provisions to better enable the development of land, including eliminating the misuse of planning conditions and enhanced CPOs, plus more relevant levels of compensation.

The Property Bill will, amongst other things, streamline the creation of easements and will rephrase restrictive and positive covenants as “land obligations.” It will purportedly be clearer that both types will bind successors. The intention is to deal with some specific issues including contributions to payment and maintenance of communal areas. The legislation will need to very carefully consider the wider implications of misuse of such positive obligations, not allowing any provisions that are too onerous.

Jurisprudence 101 tells us that statute is the bare bones of the legal system, whereas case law adds the flesh. It is highly likely that the new system will require interpretation of its wordings both to establish the meaning of the intention of Parliament and the impact of the provision on the specifics of the case at hand. In order to reach a satisfactory solution will we be tempted to slip back into established thinking, or will we start to build a new library of case law to run concurrently with the run off of the old?

Ending, perhaps, on a positive note; there’ll certainly be a lot more work for all of us...

Wesley Timothy, Senior Underwriter, Real Estate Trading, DUAL Asset Underwriting

The opinions expressed in this article are the author’s own and do not reflect the view of DUAL as a whole.

I cannot help feeling this is a sledgehammer to crack a walnut. I need not remind the reader that we find ourselves in uncertain times.

It is very important to protect the value and amenity of land and the law relating to covenants should facilitate that. The claims with which we deal are chiefly about money and legal mechanisms whose original motives were to protect and are now being used to create a ransom scenario or nuisance in this increasingly litigious age. Rarely is the principle the actual concern.

The current law relating to covenants and easements is complex, is that rightly so? The human mind is infinitely complex, it evolves and times change. The law must surely do likewise to reflect this.

Cases that no longer work should be examined and overridden by specific statute if the status quo is unsatisfactory. We’ve seen this already concerning Village Green legislation. The pendulum of favour has swung from dog walker to developer more than once; the latest position enabling the latter to build, to generate jobs and help the economy without being thwarted by spurious claims.

I find it difficult to understand why the same swift action has not been taken to rights of light. The courts are slowly assisting with new thinking about injunction versus damages and the profit driven developer versus the little person. Nevertheless, we are still left with an unsatisfactory Court of Appeal decision that realistically will not be challenged as a commercial agreement, and will always be the preference to the legal costs of a Supreme Court ruling.

Will new high level legislation help or hinder us? If the new thinking overrides the way easements to light are established will a balance be found?

We will of course be operating two systems: the old based on established and presumably ongoing case law and the new ‘simpler’ version.

www.nnls.org

0151 651 2776 www.eastparkcommunications.co.uk

34 - Norfolk Law - Articles

How Was Your Care Worker Interviewed?

Early in the year we had several phone calls from a care worker from the west of the country who wished to become an Able Community Care live-in care worker...

In any business, impressions of the people who work under a company name can build or destroy a company’s reputation.

Her application form was correctly completed, it was impressive with care work experience over several years, her references had been written for and verbally checked and we were happy to offer her an interview.

Able Community Care always interviews face to face but there is a trend increasingly used by care providers to interview via Skype, telephone interviews or by using international agency recruiters.

However, this potential live-in carer was unable to access interviews that were taking place in other parts of the country so opted to travel down to our office in Norfolk to be interviewed by our Recruitment Manager. Our interview pattern is designed to put the applicant at ease and to give a true and friendly impression of the company they are seeking to work with.

Able Community Care provides live-in carers who are introduced into our clients home where they live with our clients and by definition integrate into some family aspects, associate with our client’s friends, neighbours and other professionals within the client’s care environment.

www.nnls.org

The potential carer came for the interview too casually dressed. Unfortunately the carer was also suffering from a cold or hay fever and proceeded to lay a line of used tissues along the desk ready for the next sneeze.

After a few minutes the carers mobile phone rang and, apologising to the interviewer, she proceeded to answer it, followed by sending a text that needed to be sent, again apologising.

All our carers are expected to cook for our client’s, fresh food daily. When this was brought up during the interview the response was “all my clients like the microwave meals I give them, but I always have something different”.

A couple of times the applicant appeared to nod off and when asked if it was due to medication being taken for the cold or hay fever the answer was ”no”.

When the domestic side of the job description was brought up, the applicant’s preference was to work “where cleaners were employed”.

Sadly for this applicant, who wished to become a live-in carer for Able Community Care, a rejection letter was sent the next day.

A telephone or Skype interview,

or an applicant sold to us by an international recruitment agency would not have presented us with an accurate picture of the person we were hoping we could introduce into the homes of any of our clients.

So far in 2016, we have rejected over fifty applicants who wish to work through Able Community Care.

Angela Gifford, MD Able Community Care