Norfolk Law Society Magazine issue 41

Norfolk Law Magazine of the Norfolk & Norwich Law Society - www.nnls.org - Autumn / Winter 2019/20

Dinner & Awards Edition We are delighted to dedicate 5 pages to this year’s Annual Dinner and Excellence Awards.

Plus details of all our CPD planned so far for 2020, articles and news. Season’s Greetings!

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This issue...

Welcome to our closing edition for 2019. After a year which started with the possibility of Brexit, a call to political parties to share their thoughts on the Government’s manifesto pledges on Justice (to which only the Conservatives and Liberal Democrats responded) we have now had a General Election and a promise it’s all change at the end of January... So we keep things ‘law’ this time, with lots of Annual Dinner and Awards pics, next year’s CPD events so far, NCLS news and a feature on diversity and equality - 2019 was the 100th Anniversary of women being allowed to practise law!

Contents 4 President’s Report 5 Committee 6 Annual Dinner 10 NNLS Awards 2019 12 News and Events 16 NCLS News 17 Book Review - Zen & the Art of Mediation 18 Diversity and Inclusion

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Advertising Simon Castell Managing Editor Sue Bailey Layout Stuart Turner pp. 5-16 David Coffey pp. 18-36

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Government U-turn on Probate Fees welcomed A Precious Gift for Local People Facing Cancer Digitisation and the future of home-buying Into the Unknown Talking About Care for a Loved One in 2020.

The New SRA Accounts Rules - A Practice’s Guide for Compliant Software Why Quill Ticks All The Boxes

Accounts Tony Kay

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Published Autumn / Winter 2019/20

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President’s Report I would like to thank the Norfolk and Norwich Law Society in electing me as its President for the coming year. I am very grateful for the opportunity of representing a wonderfully vibrant, diverse and commercial legal community. I will do my very best to represent the interests of all lawyers and firms, of whatever size and specialism over the coming 12 months. I have already had the privilege of representing NNLS at the High Sheriff of Norfolk’s Justice Service at Norwich Cathedral and the annual dinner of the Suffolk and North Essex Law Society, both of which were hugely enjoyable and a tremendous success.

I follow in the footsteps of a long line of past-Presidents who have made NNLS a key part of the Norfolk and Norwich legal community. I would particularly like to thank Richard Bailey, the immediate past-President for his hard work and support over the last 12 months. In looking forwards, I know that I will be assisted by a very passionate and dedicated Vice President, Jessica Piper and the other members of the NNLS committee.

I wish, in particular, to continue the work of past Presidents in making sure that the brightest and best lawyers, of whatever background, are able to qualify as lawyers and that access to the profession is available to all.

Despite the uncertainty of Brexit and the forthcoming general election,

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thanks to the effort of Carla Morphett and Claire Clark, we have an incredible selection of training events coming up over the next few months and I do hope that all members will take advantage of what is on offer as there really is something for all practitioners, whatever their particular specialism.

In the New Year, we will be hosting the Chief Executive of the Law Society, Paul Tennant OBE in an event that will be open to members and further details will follow for what I am sure will be an interesting event.

Also planned in the New Year are events with the Norfolk Chamber of Commerce and the Chartered Institute for Securities and Investments and I believe it is very important that NNLS works with member organisations such as these in order to continue to ensure the success of Norfolk and Norwich businesses and the legal community. No doubt there will be much to discuss on 13th December and into 2020!

Finally, I have a simple message for the firms and individual members of NNLS - “Your Law Society Needs You!” If there are any members who would like to be involved in the work of the committee then please do get in touch with either Claire Clark or me. The work of the committee is genuinely great fun and very rewarding.

I wish everyone continued success for the coming months.

Thomas Bailey President, Norfolk & Norwich Law Society

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High Achievers Recognised

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In October, Countrywide Legal Indemnities celebrated 25 years as the UK’s leading provider of insurance solutions for property title defects. To mark the occasion, they hosted a champagne reception in Norwich and were joined by solicitors and conveyancing professionals from across Norfolk.

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Government U-turn on Probate Fees welcomed by charity bodies MONDAY 14 OCTOBER 2019, LONDON: After lobbying Government to abandon plans for a new probate fee regime that could threaten legacy giving, Remember A Charity and the Institute of Fundraising are pleased to welcome this weekend’s announcement that the proposed changes are to be scrapped.

Dubbed a ‘stealth tax’, the proposed probate system would have seen thousands of bereaved families a year facing sliding charges of up to £6,000, as opposed to the current flat rate fee of £215. The Ministry of Justice expected to generate around £185 million from the increased fees by 2022-23. However, charity sector bodies had raised concerns with HMCTS and the Ministry of Justice that the planned fee increases could severely disrupt legacy giving; a ‘lifeline’ for charitable causes.

Remember A Charity warned that such a hefty price tag for wealthy individuals – many of whom leave sizable gifts to charity – could discourage legacy giving and estate planning altogether.

Speaking to The Daily Mail, Justice Secretary Robert Buckland confirmed the new fee structure had been abolished, saying: “I have listened very carefully to the strong views aired on proposed new probate fees.

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“While fees are necessary to properly fund our world-leading courts system, they must be fair and proportionate. We will withdraw these proposals, and keep the current system while we take a closer look at these court fees as part of our annual wider review.”

Rob Cope, Director of Remember A Charity, says: “We’re hugely relieved to hear that there will be no major increase to probate fees and that that the current structure will be retained, at least for the timebeing. Charities large and small rely heavily on gifts in Wills. Worth around £3 billion a year, we simply can’t afford to risk jeopardising such an important income stream or to reverse the trend for growth in legacy giving.”

“We’ll continue to work closely with Government to ensure the sector’s views are heard and that the legacy environment is protected. This includes ensuring that concerns about the prolonged delays to probate are addressed and the sector keep informed.”

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A Precious Gift for Local People Facing Cancer Sadly, 1 in 2 of us will receive a cancer diagnosis at some point in our lifetime.

Norfolk and Waveney cancer charity, Big C, is committed to providing outstanding cancer support when and where people need it, now and for future generations. Funds received from legacies are a fundamental source of income for Big C and vital to enable the charity to continue the crucial role it plays in supporting our community.

From its first small, but important, fundraising project providing chemotherapy equipment at the Norfolk and Norwich Hospital in 1980, Big C has grown into an impressive organisation which funds specialist support and information services, life-saving equipment and internationally significant research projects based at the Norwich Research Park. These projects greatly benefit local people and have a global impact on our understanding and treatment of the many types of cancer.

In 2020, Big C celebrates 40 years of helping those affected by cancer. Among exciting plans for the charity’s anniversary year are the upgrading of the Big C centres in Great Yarmouth and Kings Lynn and a new state of the art cancer support centre in Norwich via the Nearer to Home

Appeal which is looking to raise £500,000 for the facility.

The new centre will complement Big C’s existing acute centre at the Norfolk and Norwich University Hospital.

Dr Chris Bushby, CEO at Big C says, “Sadly most people in our local community will be affected by cancer at some point in their lives, whether that be their own diagnosis, or that of a loved one or friend. As a local charity, we are often overwhelmed by how people express their gratitude for the support we offer and the investments we make in research and medical equipment. One of the most significant ways they do this is by leaving a legacy to Big C in their will.

The difference that legacy giving makes to Big C cannot be understated. It is vital to our ability to invest in research and equipment in Norfolk and to provide outstanding and accessible support and information close to where people live. It can literally change the future for people facing cancer now and in years to come.”

Leaving a legacy to Big C is a precious gift for future generations.

For more information on leaving a legacy to Big C please contact Katherine Morgan at katherine.morgan@ big-c.co.uk or call 01603 964490

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How digitisation is changing the future of home-buying

By Jonny Davey, Product Manager at Geodesys Data in the 21st century has been described as the oil of the 18th century – an incredibly valuable resource with potential for immense rewards for those who learn how to extract and use it1.

Living in a connected, digital economy means that we are increasingly reliant on data in order to function and evolve, so businesses and consumers alike have a part to play in shaping the role of digital information in our society.

The commercial value of data has already been recognised by the automotive industry, where mobile phone signals and GPS positioning have been used to reveal important information about driver behaviours. Monitoring of parking locations, destinations, mileage and speed, even the frequency of sudden braking feeds huge back-end systems that collate that data and package it to be resold.

While that data can ostensibly help by keeping costs down for careful drivers, it remains to be seen whether it’s good news for all from a financial perspective. Where it should benefit everyone is in speeding up the insurance claims process for those involved in a road incident.

Similarly, house-buying is ripe with data and there is always appetite to streamline the process. Current estimates indicate that half of all UK house sales fall through before completion 2, so there is a clear need to improve the home-buying process and make the data that we have work for rather than against us.

Information collected along the way includes personal data about buyers and sellers as well as surveyor reports, significant property improvements and environmental data.

While these records are useful, managing the sheer volume of repetitive data associated with the house-buying process is often cited as a major cause of delay in transactions going through and even leading to ultimate failure.

Stakeholders from all quarters are keen to improve the process, and HM Land Registry is leading the charge with a wholesale review launched in 2017 to make home-buying simpler, faster and cheaper.

Local Authority data is often considered as one of the most troublesome areas, with searches into planning permissions, conservation areas, TPOs, smoke control zone conditions or light obstruction notice conditions taking weeks if not months to be returned. It has therefore been prioritised for digitisation with a pilot scheme being launched across five Local Authorities as a first wave in 2018. The plan is that this will be rolled out across all Local Authorities in time.

The digital Local Land Charges Registry scheme aims to provide 24/7 access to data, which is free to view or access

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for reference. As with the automotive industry, there is scope for monetisation, such as the £15 fee already in place for official copies that can be saved, printed, and re-run for six months, a service that is particularly useful when checking whether any information has changed following a delayed or drawn-out transaction.

The scheme has been universally acclaimed by those that are already participating and is due to roll out across a further 18 Local Authorities over the next 18 months. It’s hoped that all 326 Local Authorities within England will be offering digital LLC within 5 - 7 years.

The Land Registry’s initiative is a great showcase for the power of data and how it can be used to streamline processes, so how can we expand this across other areas of the market?

Could we imagine a future when holders of flood data, contaminated land data, or drainage and water information make these details accessible through an online portal, attributed to every registered address and summarised instantly for potential buyers (and their legal representatives) at the touch of a button and for a set fee?

In other words, each property would come complete with its own set of data at the point of being offered for sale. Sound familiar? It’s not entirely different to the abandoned Home Information Packs of the mid-noughties, in fact. With the advances in digital technology and data management since then, perhaps it’s time to revisit the concept.

1 https://www.wired.com/insights/2014/07/data-new-oil-digitaleconomy/ 2 https://www.estateagenttoday.co.uk/breaking-news/2019/1/ shock-fall-through-figures-show-almost-50-of-salescollapsing

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Into The Unknown

By Danny Clifford

In looking at the immediate future there are potentially three major events that may occur in a relatively short period; A General Election, an emergency Budget and Brexit.

I write this a few weeks before the General Election – indeed before either of the main parties have published their manifestos.

Currently the polls (for what they are worth) are indicating the likelihood of a Conservative majority. Nevertheless, I am experiencing a mini surge in clients seeking IHT advice on the basis that, should the next Chancellor be John McDonnell, there may be considerable changes to the ability to pass assets on to the next generations, either on death or during lifetime.

For many, a substantial reduction in the IHT nil rate band, as mooted by Jeremy Corbyn, would represent a seismic increase in their family tax liability – and a resulting reduction in the value passing to the next generation.

For some the mere risk is of such concern that they want to consider taking action before the Election.

By the time you read this, you will know the outcome of the Election. A Labour win would undoubtedly see a huge and sudden client demand for immediate tax planning advice in an attempt to beat the emergency budget – albeit that assumes

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that there is no forestalling legislation put in place such that emergency budget measures are effectively backdated to Election Day. Even a Conservative win may not mean that all matters IHT continue as they are.

The previous Chancellor commissioned a report on IHT by the Office for Tax Simplification. The recommendations of that Report are now available and “waiting”.

Against that Sajid Javid has hinted that he would consider scrapping IHT completely – albeit I would put short odds on there still being some tax on death (e.g. Capital Gains Tax).

All of which means that in all likelihood, even after the Election, no one will know for sure where they stand. So, is it the right time to be reconsidering at IHT planning?

I think undoubtedly yes – albeit giving consideration to something does not mean there needs to be any subsequent action taken.

The starting point for me is that, if there are actions that clients may have been considering in the short to medium term,

there is an argument to consider bringing action forward such that the current legislation applies.

The position we find ourselves in is far from ideal and it is, in my view, to the shame of all politicians that they have managed to put the country in a situation where such a huge amount of uncertainty exists. The uncertainty impacts both businesses and individuals. Just as businesses are having to prepare as best they can for Brexit, individuals need to consider whether they need to take action to protect their own wealth from possible legislative change.

Danny Clifford Tax & Trust Partner Ensors Chartered Accountants E: danny.clifford@ensors.co.uk T: 01473 220083 W: www.ensors.co.uk

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Talking About Care for a Loved One in 2020.

Christmas and the New Year are the times of the year when many families meet, and this leads to the discussion that a loved one needs care support or increased care support.

Care is available from many care providers and a look online at www.Yell.com will bring up the care providers in your local area.

If you live in a rural or remote area of the country the list of available care providers will be significantly reduced and as a family, you may think that a move to a residential care home is going to be the answer to the support needed.

This is not necessarily the situation. Live-in Care, having care workers supporting you in your own home, is the alternative to making the often-sad exit from your home of choice, your own.

Live-in care workers will help with your personal care needs, your domestic tasks and can provide companionship. Your home and how you wish to live in your home and surrounding community is respected.

Able Community Care has been providing Live-in Care packages throughout the UK for 39 years. We introduce appropriate carers into your home on a fortnightly basis and our objective is to provide you with a rotational system of carers whom you have chosen to support you.

Our website at www.ablecommunitycare.com gives detailed information and if you wish we can also send you our information brochure. If you have questions, please give us a call on 01603 764567 and we will be happy to answer them.

Able Community Care has provided millions of hours of reliable care support throughout the UK and beyond.

Angela Gifford MD, Able Community CAre

Wishing everyone, young and old, a very Happy New Year.

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The New SRA Accounts Rules A Practice’s Guide for Compliant Software

By Deborah Witkiss, Professional Services Director at Insight Legal Law firms are now in the midst of a wave of regulatory change, with the SRA Standards and Regulations replacing the SRA Handbook on 25th November.

Included in this change are a new set of accounting rules, governing the way in which all firms regulated by the SRA manage their accounts and deal with Client money.

The new Accounts Rules are much shorter and less prescriptive than the SRA’s previous Accounts Rules, with the intention being to reduce the burden on law firms and enable them to use their professional judgement in how they apply and maintain the required standards.

Firms should already have familiarised themselves with the new rules and

developed processes that fit the practice, including a review of accounting and practice management software, to ensure that they have the systems in place to fully support the business in its compliance.

The new rules do not offer an introductory period. Firms are expected to comply from the outset, so it is essential to review how your firm is performing against these new rules, and whether your software is suitable in practical terms.

For example, the rules regarding payment of Interest to your Clients stipulate that the payment to them must be “fair”, but also that you may, by agreement, come to a different arrangement. There are some software systems which apply prescriptive rules – some even in line with the old Law Society limits and de minimis rules.

For firms formulating and applying their own procedures in line with the “reasonableness” rule, you need your systems to be adaptable to you.

Another change is the removal of prescriptive timings and deadlines. For example, where firms may previously have been required to transfer monies within 14 days, or bank cheques within two days, these exact requirements have been removed and replaced with the firm’s own procedures and timescales for what is reasonable.

Legal accounting software has always aimed to simplify these transactions and provide notifications and reports to highlight breaches, but if your software is not up to date, it may not be able to ensure your compliance with your new procedures.

There are a number of resources available to law firms that provide information on the new rules, and firms must review their software with compliance in mind. This will determine whether they are able to fully support your business and prompt any necessary changes should your firm require further functionality or an alternative supplier.

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Why Quill Ticks All The Boxes Our recently acquired Cyber Essentials accreditation is yet another tick in the growing list of reasons to use Quill’s software and outsourced support. Carrying the National Cyber Security Centre’s seal of approval with Cyber Essentials certification means our infrastructure is recognised as robust and we’re committed to raising the security bar even higher. Clients now have more incentive to choose their trusted full-service supplier.

But the rationale for designating Quill preferential provider status doesn’t end there.

No other legal sector software and outsourcing house can boast the unique combination of Cyber Essentials endorsement along with: Continually enhancing software Our Interactive Cloud case management, document management and legal accounts application is subject to an extensive development roadmap which is responsive to end users’ demands and agile enough to flex as marketplace priorities change. Functionality is added constantly and communicated to clients through our monthly e-newsletters.

Law firms using Interactive are assured of having the optimum toolkit for complete practice management from accounting and AML checking to matter management and time recording.

With an absolute focus on compliance, all new and enhanced features are designed with regulatory guidelines at their core. Essentially, we see our role as software provider to lighten the load where compliance is concerned. We liaise intently with regulators, keep abreast of ever-changing rules and develop our systems accordingly way ahead of deadline.

Take the refined SRA Accounts Rules 2019. Although the rules themselves are simplified, being less prescriptive actually makes them more open to interpretation with accompanying higher risk of error. And the penalties for mistakes are no less severe than previously. We’ve been introducing important changes to Interactive in line with the new rules, for example warning messages about transferring unbilled disbursements (rule 4.3) and narrative-only transactions (rule 2.2) to record monies paid directly from practice to third parties.

LSSA founder member We’ve been in close alliance with the UK industry body from day one of its formation. We live and breathe its code of conduct, uphold high quality professional standards always and take our accountability to safeguard clients’ best interests extremely seriously. In fact, we assign accountability such gravity that it’s literally in our brand.

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Best Companies status If anything demonstrates what a great company Quill is to work for and do business with, it’s Best Companies official recognition.

Being a 1-star organisation indicates workplace engagement as an integral component of our success and growth. In other words, we look after our employees and they, in turn, look after our clients. It’s a win-win situation for everyone involved.

Living Wage Employer Having voluntarily signed up to the Living Wage Foundation’s scheme, we promise to calculate salaries for permanent, temporary, apprenticeship and contracted staff on the higher hourly Living Wage rate rather than the lower Minimum Wage. Our responsible leadership stance is a way of actively closing the gap between what people need to earn in order to live in society and the Minimum Wage as defined by government.

ILFM membership By fortifying our partnership with the Institute of Legal Finance & Management, we’ve credited all of our cashiers, support team and trainers with paid-for-by-Quill membership as well as diploma studies for those at the early stage of their career progressing towards recognised legal cashiering qualifications.

As the leading education authority and membership body for the sector, the ILFM is perfectly aligned with Quill, being industry specialists too.

Cashiering service provider We’re not exclusively a software house. We have a team of 60 experienced cashiers who offer outsourced legal accounting support in compliance with the stringent SRA Accounts Rules, CLC Accounts Code or Scottish Accounts Rules. Clients can choose from Pinpoint – complete with deep integration to Interactive – or Precision – remain using an existing accounts application whilst reaping the benefits of the same rigour and knowledge applied to Pinpoint.

Payroll and typing outsourcing service provider With an extended range of outsourced services in the form of payroll processing and

pension management, and typing assistance, there really is no better logic for selecting Quill as the primary supplier for all backoffice requirements.

The former – outsourced payroll – is delivered by our in-house specialist payroll clerks who are fully conversant in the latest payroll and pension legislation, PAYE, RTI, AE, SSP, SMP, SPP and attachment of earnings amongst them. The latter – outsourced typing – is powered by the renowned Document Direct team, enabling clients to dictate from anywhere and receive expertly typed-up documents within agreed timescales.

We’re setting out our stall like this because lawyers are sometimes surprised to learn the full extent of what we do at Quill. The fact of the matter is we’re the one-and-only company who can make bold claims about supplying the complete behind-the-scenes framework to thrive in today’s challenging legal environment. We’re different and proud of it.

Why not take a closer look at our accreditations, awards, portfolio and history? Then get in touch with our friendly team to chat about the best blend of tools to optimise the performance of your practice. Please visit www.quill.co.uk, email info@quill. co.uk or call 0161 236 2910.

Julian Bryan joined Quill as Managing Director in 2012 and was also the Chair of the Legal Software Suppliers Association from 2016 to 2019. Quill has been a leading provider of legal accounting and case management software, and the UK’s largest supplier of outsourced legal cashiering services to the legal profession for over 40 years.