Another Cracking Countdown
All the pictures from this years Countdown inside along with the NCLS Pub Quiz and details of the forthcoming 200th Anniversary, Treasure Hunt and Annual Dinner events and more...
This issue...
A host of event pictures in this edition as we review Lawyers Do Countdown 2025 and the ever popular NCLS Pub Quiz. Plus details of events coming up before we break for the Summer and advance notice of our main events in the Autumn. Plus, just announced the date of our 2025 Norwich Law Walk - Wednesday 17th September. Save the date, start training!
The Bishops Garden event was very busy early on, but when I arrived the heavens opened and everyone scarpered!
President’s Report
The past few months have been a particularly vibrant chapter in the life of our Law Society. As President, I am delighted to reflect on a period that has blended intellect, inspiration, and a healthy dose of fun with plenty more still to come.
We kicked off the spring with an event quite unlike any other: our very own Norfolk Lawyers Do Countdown. Wonderfully hosted by Mark Fitch, our member firms pitted their wits against one another in a fast-paced test of wordplay, mental arithmetic, and on-thespot strategy. With legal professionals proving just as competitive with consonants as they are in court, the evening was a roaring success. Our thanks go to all who took part, and I must say I rather enjoyed being Queen of Dictionary Corner.
We were honoured to welcome Baroness Shami Chakrabarti to speak before us. A formidable voice in British public life and a champion of human rights, Shami delivered a compelling address that explored the evolving role of the rule of law in modern democracy. Drawing on her experience as Director of Liberty, Shadow Attorney General and member of the House of Lords, she challenged us to consider how lawyers can be both defenders and reformers of the legal system. The event was a sell-
out and left us with plenty to reflect on — not least the enduring importance of our profession’s moral compass.
Our gaze now turns with great anticipation to a historic moment: the Law Society’s Bi-Centenary celebrations arrive in Norwich. Preparations are well underway for a celebration worthy of our 200-year legacy. It promises to be a night to remember.
After that, something a little lighter awaits: our Treasure Hunt returns on 3 July. This much-loved event brings our members out of the office and onto the streets in teams, deciphering clues, solving riddles, and (usually) ending up in a pub. It’s a brilliant way to meet new faces and explore the city through a different lens. As ever, prizes await the victorious, but the real reward is the laughter along the way.
Our Law Society continues to thrive thanks to the enthusiasm and involvement of its members. Whether through intellectual engagement, professional development, or simply the joy of connecting with colleagues, if there is more you think the Society can do, please do reach out to us.
Kerry
Read President, Norfolk & Norwich Law Society 2025-26
Charitable gifts in wills most prevalent among younger will-makers
The majority of charity supporters in their 40s and over have written a Will (at 61%) and just under one third (31%) of those with Wills have included a charitable gift, according to new research released by Remember A Charity1 today. Charitable Wills are most prevalent amongst younger Will-makers, with 34% of those in their 40s and 50s having included a charity, compared with 30% of people with Wills aged 60+.
Charitable legacies now raise more than £4 billion of vital funding a year for good causes across the UK*, with almost 11,000 charities named in Wills**.
Remember A Charity’s consumer benchmarking study*** is carried out by independent research firm OKO and surveys more than 2,000 charity donors aged 40+ annually to track charitable Willwriting attitudes and behaviour. It follows Prochaska’s Stages of Change model and has tracked long-term forward movement in legacy giving from awareness through to preparation and action over the last 15 years. The latest data is for 2024.
This year’s research reveals that the average age of writing a Will is 50 and that half (50%) of those with a Will - and 41% of those aged over 70 - have never updated it. However, the study also found that supporters are four times as likely to have added than removed a charity when making changes to their Will (43% vs 11%).
Key motivations for including a charitable gift include the recognition that: even a small gift can make a difference (35%); charities rely on gifts in Wills to continue their vital work (30%); and leaving a gift is a natural step after supporting charities for a long time (27%)
For those who have written a Will, but haven’t included a charitable gift, 1 in 4 simply didn’t think about it at the time. The most prevalent reason (63%) for not including a charity was that they wanted to leave everything to family and friends, while 30% said it was because they didn’t have the money or assets to leave a large amount
The role of solicitors Legal professionals play an important role in making clients aware of the option of leaving a charitable gift in their Will. The research shows that 66% of those who have written a Will used a solicitor.
Lucinda Frostick, director of Remember A Charity – the UK’s charity consortium working to grow the legacy giving market, says:
“This study shows long-term growth in people’s appetite for including a charity in their Will, but what’s particularly fascinating is to see how prevalent this has become for younger Willmakers, seeding hope for the future. Over the years, legacy donations have become a crucial income stream for charities and communitybased organisations across the UK, building their resilience and funding services for future generations.
“Solicitors and professional Willwriters continue to play a critical role in increasing awareness across their client base of the option of including a charitable gift in a Will, alongside gifts for family and friends.”
Remember A Charity runs a free Campaign Supporter scheme2 for solicitors and Will-writers, providing promotional resources and useful guidance for referencing legacy giving with clients. Find out more at www.rememberacharity.org.uk/aboutus/for-solicitors-will-writers3
*Data Dashboards - Legacy Futures
**smeeandford.com/reportswhitepapers/2024-smee-fordlegacy-trends-report-download/
***OKO, Legacy Giving Consumer Benchmark Study
Commissioned by Remember A Charity, the consumer benchmark study explores the public’s attitudes to legacy giving, with regular surveys carried out since 2009. The latest survey was carried out by OKO in November 2024; an online survey of 2,000+ charity supporters across the UK, aged 40+. The research has been carried out by OKO since 2021, and nfpSynergy before that.
The tracking study, which follows Prochaska’s Stages of Change model, shows forward movement over 15 years from donors’ active rejection of leaving a gift in their Will and lack of awareness through to awareness, contemplation, preparation and action (leaving a gift). The Stages of Change model features six levels: rejection of leaving a gift in their Will; pre-contemplation unaware – those who have never thought about it and are not sure if they would consider it, pre-contemplation aware – those who have thought about it and given it low consideration; contemplation - those who know about it and would consider leaving a gift; preparation – those who intend to give; and action - those who have already included a gift in their Will
NB. A small number of respondents don’t fall into any group (i.e. those who say they’re not sure if they’ve thought about and wouldn’t consider leaving a gift in their Will, plus those who haven’t thought about it but say they would consider leaving a gift and/or intend to do so) and are excluded from the analysis and results from the other groups prorated to 100%.
1 https://www.rememberacharity.org.uk
2 https://www.rememberacharity.org. uk/about-us/for-solicitors-will-writers/
3 https://www.rememberacharity org. uk/about-us/for-solicitors-will-writers
Lucinda Frostick
Canine
Inaugural
Legacy Giving Report reveals 9% legacy market growth reaching £4.5 billion
Charitable estates rise 22% from previous year, Poppy’s reaching 46,000
When Poppy’s Dog Guardian conta
14 May 2025 - Despite a challenging external environment, legacy income rose by 9% in 2024, up significantly from the 1.3% growth seen in 2023. Legacy gifts now make up an average of 30% of fundraised income across the top 1,000 legacy supported charities, with some sectors such as animal, conservation, and disability charities seeing figures as high as 50%.
These are just some of the key findings from The Legacy Giving Report 2025 (https://smeeandford.com/reportswhitepapers/legacy-giving-report-2025/) the first report of its kind from the Smee & Ford (https://smeeandford. com) and Legacy Futures’ (https://www.legacyfutures.com) partnership announced last year that has enabled the most comprehensive legacy data and market review ever available. Designed to support charities of all sizes, the free report provides valuable statistics, projections, and insightful case studies to help charities maximise the potential of legacy income.
More key findings include:
• The average estate size for those leaving a charitable gift was £599,000, compared to £394,000 for non-charitable estates.
• Average gift values reached £65,000 for residual gifts and £4,500 for pecuniary gifts.
• The South Coast and London remain the strongest regions for charitable bequests, with nearly 18% of probated estates in the South Coast containing a legacy gift.
• Baby Boomers (born 1946–1964) now make up 21% of all legators and are set to dominate legacy giving by 2035.
One of the key drivers behind the record growth in 2024 was a 15% surge in charitable bequests, largely due to HM Courts & Tribunals Service clearing a longstanding backlog of probate applications. As a result, bequest numbers in 2024 reached an estimated 145,000 — the biggest number ever recorded.
The report also explores the impact of upcoming changes to inheritance tax rules and highlights opportunities for charities to engage supporters who may be motivated to leave a charitable gift for this reason.
Rob Cope, Executive Director Membership & Operations at CIOF, said:
“Legacies play a pivotal role in supporting charities, of every shape and size, across the UK to continue their vital work. As such, resources like this report are invaluable. In
sharing such a comprehensive overview of the nation’s legacy giving, with key trends and projections for the future, The Legacy Giving Report will no doubt become a go to benchmarking and guidance resource for fundraisers looking to develop their legacy fundraising and bolster broader fundraising strategies.
“It is also an excellent example of agencies working together to provide, for free, the kind of unique data and insight that can help charities grow and thrive, something the Chartered Institute of Fundraising is pleased to encourage and support.”
Ashley Rowthorn, Executive Director of Legacy Futures and Smee & Ford, said:
“This report represents an important step in improving our shared understanding of the legacy giving landscape. By bringing together data, analysis and real-world examples, we hope it will help charities of all sizes to better navigate current challenges and plan for the future.
“Legacy income is a long-term, resilient source of support for the sector, and having access to clear, evidence-based insights is vital for organisations looking to grow or sustain this important form of giving.”
The Legacy Giving Report can be downloaded for free here: https://smeeandford.com/reports-whitepapers/legacy-givingreport-2025/
A helpful and free source of data is Legacy Futures’ Data Dashboard, (https://www.legacyfutures.com/resources/datadashboard/), which describes the size and shape of gifts in wills in the UK, and how legacy incomes have grown over the past 30 years.
Book Reviews
Appreciations by
Elizabeth Robson
Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor,
“The Barrister” and Mediator
Discrimination In Housing Law
By David Renton
ISBN 978 1 91364 856 5
LEGAL ACTION GROUP
The access to justice charity www.lag.org.uk
ESSENTIAL READING FOR HOUSING PRACTITIONERS ACTING FOR CLIENTS FACED WITH REPOSSESSION
There is very little that strikes more terror in the souls of its victims than the threat of impending homelessness via the judicial processes involved, which culminate in the process of eviction.
There ought to be an erudite and readable le book about it — and there is, thanks to this very useful publication from the Legal Action Group (LAG), the access to justice charity, who are justly famed for producing legal texts accessible not only to lawyers, but to the average concerned reader. David Renton, the author, is a barrister who represents tenants and mortgage holders embroiled in possession hearings.
Published in handy paperback format, the book offers a broad and concise coverage of ‘the use of the principles of equality in housing law’ — and equally of prime importance — the duty of landlords to fulfil their duties under the general categories of fitness and repossession.
As the publishers point out, the book covers the often complex and controversial matters, for example, of council houses let by housing associations, as well as houses held in thrall either to mortgages, or long leases. It should be added that homeowners in mortgage arrears suffer the same anxieties as those who rent — hence the general and urgent need for all practitioners to be duly bound in support of clients who struggle with these and other difficulties in the housing sector.
Practitioners and clients alike coming to grips with these problems will find this book especially helpful. As a concise work of reference, it truly excels. The precise introduction points directly to the subject of the book, namely the Equality Act of 2010 and its related principles — which apply both to business premises and residential properties.
Straightforward to navigate, the book has a detailed table of contents, enabling the reader — lawyer of not — to find the necessary advice they may be looking for, and for those doing further research, the book contains extensive footnotes, plus a detailed and useful index at the back.
Note too, the particular advantage of a 30-page section of precedents — including for example, the precedent entitled ‘Case Summary Application to Set Aside Possession Order.’ Also included in this concise text are Tables of Statutes, Statutory Instruments and also a Table of European and International Legislation.
For practitioners and clients alike, this book emerges as a practical and indispensable purchase.
The date of publication of this paperback book is cited as 2024.
Making Lawful Decisions
A guide for decision-makers on acting within the law
By Victoria Butler-Cole KC and Steve Broach KC
ISBN 978 1 91364 862 6
LEGAL ACTION GROUP
The access to justice charity www.lag.org.uk
LAWYER OR NOT, A DECISION MAKER NEEDS TO KNOW THE LAW
If you have found yourself — or your client — in the position of being appointed as a decision-maker over a number of issues in either the public or private sectors, you need this book, recently published by the Legal Action Group (LAG), the access to justice charity, who are justly famed for producing legal texts accessible
not only to lawyers, but to the average concerned reader.
Pertinent, applicable and directly accessible to lawyers and nonlawyers alike, this book emerges as an essential guide — no doubt about that — to both the basics and the possible and probable complexities which, more often than not, are likely to emerge in the decision-making process.
With depth and clarity, a wide range of issues are discussed, with a focus on the most controversial, including for example, cases pertaining to equality and human rights. The book therefore covers a lot of ground in explaining an extensive and complex subject, with the thoroughness and clarity that makes it accessible to all decision-makers — lawyers and non-lawyers alike.
As the LAG explains, the book’s overall aim is to ensure that “a decision-making process follows a lawful process.” And that includes, appropriately, answers to the problems of those who are aggrieved by a decision and therefore considering a complaint, or a legal challenge.
The first chapter to turn to is the ‘Checklist’ and an invaluable checklist it is. Certainly, it covers such necessities as powers, problems, evidence and much, much more, including what to do if your decision is challenged — a challenge indeed.
Certainly, this compact volume provides a treasure trove of useful resources for further research. Note the almost twenty pages of Tables of Cases plus the Table of Statutes and Statutory Instruments - and a Table of European and International Instruments. Also note the handy index, the glossary of legal terms and the extensive footnotes — indispensable if more detailed research is required — and it usually is, in so many circumstances.
“A guide for decision makers on acting within the law” is the book’s subtitle and an excellent guide it is. Any lawyer advising clients embroiled in these or similar problems should very quickly acquire a copy.
The date of publication of this paperback book is cited as July 2024.
Solicitors’ Professional Indemnity renewal: insights from an underwriter
Recently, the solicitors’ professional indemnity market has seen an increase in the number of insurers offering firms primary insurance. With more choice available, how should firms best present their risk — and why should they choose HDI?
At HDI, how do we assess you as a firm?
As your insurer, we are there for you when the worst happens. However, insurance is just one tool in your armoury against risk. We look for firms that invest in a clear and robust risk management strategy. We want to hear about how you identify and manage risk in your firm. This can include how you structure your firm, risk management planning, business continuity plans, file review and supervision policies, and external audits.
When reviewing a firm’s proposal form, I like to pay particular attention to the answers that provide insight into the workings and values of your firm. Your submission can be really enhanced, for example, by sharing your firm’s history, any particular specialisms, your future goals, the type of work you like to do and the type of work that you would turn away. These details allow me to take a more holistic view of your firm.
Getting your submission in early and in full order is vital. Work with your broker to ensure you have up-to-date claims summaries. It is also very helpful to
include a narrative around any open and closed claims — for example, what the allegation was and what lessons were learned. The fact that you may have experienced a claim is not necessarily an issue — at HDI, we recognise that there is often a story behind every claim, and we are open-minded and willing to listen.
What are the key concerns for Insurers currently?
Whilst the frequency of claims appears stable, the severity of claims has notably increased in recent years. Contributing factors include rising asset values, more complex transactions and defence cost inflation. Worryingly, the market has begun to see more claims exceeding the compulsory primary limit. Firms should have heightened risk management measures in place when taking on matters of high value, or when acting for clients of considerable net worth.
Conveyancing remains the main source of claims, both in frequency and overall cost. Conveyancing firms continue to be prime targets for property fraud. Being aware of key red flags and undertaking rigorous due diligence is vital to protect your firm from such claims.
Additionally, there has been a notable rise in claims from wills, trust and probate work. The drivers for this are a combination of more complex family structures, increases in overall estate values and the challenges that can arise with people living longer. Our advice is that this would be a good time to conduct a review of policies and procedures and implement targeted refresher training for staff.
Beyond this, insurers will be taking into account the economic environment, technological development and other similar contextual factors as drivers for claims, such as the impact of AI, and the continued cyber threat we all face. Sharing your firm’s policies and risk management strategy for these areas
helps provide insurers with reassurance that your firm is well equipped to navigate such challenges.
Why choose HDI as your insurer?
In the past, we have seen volatility created by insurers entering and exiting the solicitors’ professional indemnity market. At HDI, we have the experience, strength and stability to support you now and into the future. Our recent credit rating upgrade by international rating agency S&P Global Ratings to AA- (Very Strong) is a testament to our financial resilience, enabling us to be your trusted insurance partner.
We look to provide law firms with a high-quality, long-term solution. That’s why many of the practices we cover have been with us for the 15+ years as we have been a primary insurer for law firms. We use our specialist experience to ensure that we are the experts for your needs today – and help prepare you for what might happen tomorrow.
If you are a firm with a turnover of under £20 million and would like to obtain a quotation from HDI, please contact Lockton Insurance Brokers.
By Sarah White, Underwriting Manager, HDI Global SE.
Climate Change and Flood Risk in Fenland: How Conveyancers Can Advise Clients
Introduction
The impact of climate change on flood risk is becoming an increasingly pressing issue for property transactions, particularly in low-lying areas such as Fenland. Rising sea levels, extreme weather patterns, and evolving flood defence strategies all have a bearing on property due diligence. For conveyancers, understanding these risks is critical in ensuring clients are fully informed before committing to a purchase.
The changing flood landscape in Fenland
Historically, the Fenlands have been highly susceptible to flooding due to their flat terrain, proximity to tidal influences, and reliance on man-made drainage systems. The Fenland Level 1 Strategic Flood Risk Assessment (SFRA) indicates that approximately 67% of the district falls within Flood Zone 3, meaning it is considered at high risk of flooding. Climate change is expected to worsen this situation, with projections suggesting that sea levels could rise by up to one metre by 2100, increasing the risk of both tidal and river flooding.
In addition to rising water levels, changes in rainfall patterns are also a significant concern. The frequency of intense rainfall events is expected to increase, leading to more occurrences of surface water flooding. Furthermore, groundwater flooding could become more common as prolonged periods of wet weather heighten soil saturation levels. These factors, coupled with the natural subsidence of Fenland peat soils, pose a growing challenge for property developers and homeowners alike.
Implications for property transactions
A recent study by Geodesys revealed that 1 in 3 customers do not consider a flood report for every transaction, reasoning that property location plays a big part in their decision-making.
For conveyancers operating in the region, flood risk assessment is a crucial aspect of due diligence. The presence of flood risk can significantly impact mortgage lending, insurance premiums, and the long-term value of a property. Many lenders now require detailed flood risk reports, beyond the standard Environment Agency flood zone classifications, before approving finance on properties in high-risk areas. To ensure thorough due diligence, conveyancers should look for a full flood risk report providing a comprehensive assessment of the risk to the property.
Insurance considerations are also becoming more complex. While the UK government’s Flood Re scheme provides affordable insurance for properties at risk, it is only available for homes built before 2009. This means new-build properties in floodprone areas may face difficulties securing viable insurance cover, which could impact their desirability and resale value.
How conveyancers can support clients
A comprehensive approach to flood risk assessment is essential for conveyancers advising clients in Fenland. Beyond obtaining a standard flood search, solicitors should consider climate change projections, the effectiveness of existing flood defences, and potential mitigation measures. The presence of sustainable drainage systems (SuDS), flood barriers, and raised building elevations can influence a property’s resilience against future flooding.
In addition, local government planning policies are increasingly considering climate change when approving new developments. Conveyancers should ensure that clients purchasing new properties understand any planning conditions or obligations related to flood risk mitigation. In some instances, property owners
may be required to contribute to the maintenance of local flood defence schemes, which is a financial consideration for potential buyers.
Jake Hawkey, Account Partner at Landmark Information Group, comments: “As climate change continues to reshape our environment, the property market cannot afford to overlook its long-term impact. Conveyancers and solicitors must now consider both current and future flood risk to homes and real estate. Landmark is proud to work with Geodesys to provide the foresight needed to provide comprehensive advice in a digestible way that’s easy to communicate, ensuring investments are protected against the uncertainties of a changing climate.”
Conclusion
As climate change increasingly alters the flood risk landscape of Fenland, conveyancers play a crucial role in informing property buyers about these associated risks. By keeping current with flood risk assessments, insurance implications, and local mitigation efforts, legal professionals can offer vital guidance that protects their clients’ investments and ensures long-term security. In an era of growing environmental uncertainty, conducting thorough due diligence in flood-prone areas has never been more crucial.
Geodesys offers a range of flood reports and combined environmental risk searches, providing conveyancers with a comprehensive understanding of flood risks to their clients and enabling them to make more informed decisions about their purchase before proceeding.
To find out more visit: http://www. geodesys.com
Celebrating our 1st Birthday as FHM Forensic Accounting
In April we celebrated our first birthday as FHM Forensic Accounting. Although only founded a year ago, our expert Fiona Hotston Moore has over 20 years’ experience as a forensic accountant and expert witness. Our Associate Director, Tom Arnold, is a qualified accountant and has worked alongside Fiona as a forensic accountant for almost five years.
In addition to Fiona and Tom, who lead on all client assignments, we have Graham Hines who is our Managing Director and co-founder. He looks after all the back-office including technology, website, finance and compliance.
In May we were delighted to welcome our fourth team member, Kirsty Shuckford. She joined the FHM team as an Assistant Manager. Kirsty is a qualified accountant with five years’ experience working both in accountancy firms and also as a financial accountant in a global business. In addition to the core team, we are delighted to work with other professionals. This includes tax and corporate finance specialists and allows us to provide a first class and seamless advisory service to our clients. We do not provide ongoing accounting or tax compliance but we can suggest appropriate firms.
As a team we have adopted fully remote working. This delivers an excellent worklife balance for the team and means we operate in a sustainable way by
eliminating the need for dedicated office space… and the daily commute.
Year one
statistics
Of course, as forensic accountants, we do like numbers and financial analysis so here are a few of our statistics.
In our first year, we accepted 102 engagements. Of these 48 were appointments as Single Joint Expert in matrimonial cases or shareholder/ commercial disputes. Thirty engagements were as Shadow Adviser or Party Expert and another ten were company valuations for tax or strategic planning purposes. About a quarter of the instructions came from law firms based in East Anglia.
Businesses we have valued for dispute, divorce and tax planning cases have been in a wide variety of sectors. These include dentists, wealth management, law firms, accountancy practices, technology, media, farming, property, construction, industrial services, fashion, hospitality and retail.
What next?
We plan to continue focusing on our mission to help clients resolve financial disputes and problems in an efficient and cost-effective way. Whether the case is large or small, we provide opinions that are clear, relevant, credible, informed and cost-proportionate.
Our specialist forensic accounting services include:
• Business valuations
• Divorce and matrimonial matters
• Shareholder and commercial disputes
• Professional negligence claims
• Private client and family matters
By continuing our focus on business valuation and forensic accounting we hope to further expand our law firm network and to recruit additional qualified accountants who would like to specialize in forensic accounting.
Over the next few months, we will continue our webinars series for our legal contacts and, if you would like an inhouse training session or virtual meet-up, please do let us know.
Further information
Our website has details of our services and also lots of relevant articles on business valuation and forensic accounting. You can also download our brochure, CVs and tax cards.
The FHM team: Kirsty Shuckford, Graham Hines, Fiona Hotston Moore and Tom Arnold.
FHM Forensic Accounting Instructions
A fundamentally dishonest claimant
Summary
This case concerns a fundamentally dishonest claimant. The judge held that the experts in the case were reliant on self-reporting by the claimant, who the judge found to be wholly unreliable, as to the extent to which the alleged injuries suffered had impacted her life.
Learning points
Learning points for experts:
• The medical and psychological experts in a personal injury case will often need to rely largely on the selfreport of the claimant,
• If an expert’s report is built on a false factual basis (e.g. the client is found to be wholly unreliable), the expert evidence can be rejected
• Consequently, the credibility of the injured person is of central importance.
Learning points for instructing parties:
• The rule determined by the Supreme Court on uncontroverted evidence in Tui v Griffiths does not apply in certain circumstances. Seven circumstances are cited in the judgment including where the report is founded on a false basis.
The case
The claimant was seeking damages for soft tissue and psychological injuries she claimed to have suffered while a passenger in 3 separate car accidents between 2015 and 2016. She also claimed to have suffered tinnitus as a result of the second and third accidents.
Expert evidence in general
The judge noted that these types of soft tissue and psychological injuries are rarely susceptible to objective proof, and that a medical expert must instead rely almost exclusively on examination and the history provided by the apparently injured party. As Mr Justice Martin Spenser had noted in Molodi v CVMS [2018] EWHC 1288 (QB) if the history is not materially accurate, then the medical opinion expressed must be unreliable.
Key to any history is the impact of the injury on the person’s life, with an injury that prevents or limits pursuit of a loved pastime likely to be seen as more serious that one that does not. Therefore, the judge noted, the credibility of the apparently injured person is of central importance. The
judge noted that the factors referred to by Mr Justice Spenser in Molodi as likely to be present in a genuine claim, concern credibility, including: seeking medical assistance and acting in accordance with medical advice.
The expert evidence in the case
The claimant instructed Mr Farhan, who dealt with shoulder and back issues, and Dr Whittington, who dealt with the psychological injury. She also saw experts in tinnitus and rheumatology, and a pain consultant.
Mr Farhan found some generalised restriction of the claimant’s cervical spine and, based on the claimant’s accounts of the psychological impact, referred to her a psychologist after concluding that the psychological reactions to the accident overshadowed her physical injuries.
Dr Whittington diagnosed mixed anxiety and depressive disorder (‘MADD’), body dysmorphic disorder (‘BDD) and bulimia, attributing them to the accident. He relied on the claimant’s account that before the accident she had “attended the gym 6 times per week, twice daily and regularly competed in fitness events” but after the accident “she was unable to exercise”.
The experts did not provide oral evidence.
The claimant’s evidence
The claimant had held a number of roles in legal firms. In cross-examination, the claimant accepted that in her Linkedin profile and CV she held herself out to be far more qualified than she actually was, leading her, the judge determined, to pre-emptively resign from a role ahead of a disciplinary meeting about her qualifications.
The judge determined that the claimant was “a wholly unreliable witness who gave evidence without any regard for the truth guided only by what she perceived to be her own interests. She made things up when asked difficult questions and on occasion gave patently false answers.”
Documentary evidence
The court considered documentary evidence on the number of times the claimant accessed the gym after the accidents and Facebook posts showing that she had competed in several strenuous runs and hikes in 2017 and 2018, which were inconsistent with the self-reporting of the impact of her life.
Findings of fact
• The judge made several findings of fact including:
• The Claimant deliberately lied about her academic achievements on her CV and Linkedin profile.
• She deliberately lied about her professional status.
• She made up a story about being effectively blackmailed by a witness in the case who she maintained had threatened to share an intimate video of the 2 of them with the Claimant’s long-term boyfriend.
• She deliberately failed to give Dr Whittington the full story of her recovery from any injury sustained in the accidents by failing to mention the fact that she had completed an ascent of Ben Nevis and the Yorkshire 3 Peaks.
• The claimant is a generally dishonest person.
Tui v Griffiths
Counsel for the claimant submitted that the defendant’s had to “undermine the factual substratum of the claimant’s uncontroverted evidence” and that the points ought to have been raised in questions to experts.
The Supreme Court held in Tui v Griffiths [2023] UKSC 48 that generally, if a conclusion expressed in an expert report was to be challenged , the expert should be given an opportunity to respond to the challenge. However, this rule would not apply in certain circumstances including where the report is founded on a false basis.
The judge found that he was entitled to reject the expert evidence in this case because it was built on a false factual basis, i.e. the claimant’s untrue history.
Findings in respect of injuries suffered
The judge dismissed all parts of each claim, rejecting the claimants account of the injuries in its entirety as the entire case was based on her credibility.
Sean Mosby EWI
Link to the Judgment https://www.civillitigationbrief.com/wp-content/ uploads/2024/12/scullyjudgment_914295.pdf
Access to public domain documents pilot
The Civil Procedure Rule Committee has approved in principle a 2-year pilot on “access to public domain documents” in the Commercial Court, London Circuit Court and the Financial List effective from 1 October 2025. The pilot was recommended by the sub-Committee which is reviewing the Committee’s implementation of access to court documents. You can read the background to this issue at: The EWI’s view on the Civil Procedure Rule Committee Court Documents Consultation and Update on Civil Procedure Rule Committee Access to Court Documents Proposals.
The pilot will be implemented by a new pilot PD under CPR Part 51: Transitional Arrangements and Pilot Schemes.
The aims and purpose of the pilot are to advance the principle of open justice in the civil courts by testing a relatively simple protocol which works within the Court’s existing systems. The pilot is designed to maximise accessibility for the public without adding to the burden on court staff. The Committee noted that it represents both a tempered approach and a more gradual introduction of changes than its earlier proposals.
The Committee expects to publish the guidance and pilot PD in July as part of the October 2025 common-commencement date. The sub-committee will consider and propose plans to monitor and evaluate the operation of the pilot PD in practice.
We will look forward to further details on the pilot being published in July and are hopeful that the Committee has taken into account the concerns we raised in our response to the consultation on its earlier proposals.
Sean Mosby EWI
How SME Law Firms can tackle the 2025 legal skills shortage
The legal landscape is evolving and SME law firms face an ongoing skills shortage that threatens long-term viability. With Gen Z and Millennial lawyers bringing different career expectations and experienced professionals moving toward flexible working or retirement, firms must evolve to attract and retain talent. A 2024 PwC study found that 37% of Gen Z employees considered leaving their roles in the past year. This reflects a broader generational shift toward flexibility, purposeful work, and the use of modern technology. For SME firms, adapting is critical for survival.
The workforce is changing and firms must change too
Today’s legal professionals are rethinking the traditional 9-to-5. Gen Z and Millennial lawyers prefer flexible or hybrid roles, supported by digital tools using AI that reduce admin and enable meaningful client engagement. Meanwhile, many senior lawyers are stepping away from full-time roles, leaving mid-level expertise gaps. Replacing skilled employees is difficult and expensive. Firms must reassess their employee experience, looking beyond salary to flexibility, work-life balance, and technology adoption. Those who fail risk losing talent to larger, more progressive competitors.
Technology:
The problem and the solution
Technology is both a cause and a cure for the skills shortage. Legal software has streamlined tasks once handled by secretaries, bookkeepers, and junior lawyers, creating a leaner workforce where departures are keenly felt. However, cloud-based practice management systems powered by AI can turn this to firms’ advantage. AIdriven tools automate repetitive tasks, freeing lawyers to focus on billable client work.
Winning back talent through flexibility
Many lawyers have left traditional firms but remain in the profession. Offering remote and flexible work supported by cloud-based software allows SME firms to re-engage this skilled group. With integrated tools and AI powered solutions, a workday no longer means long office hours. Lawyers can work around family commitments or travel, boosting satisfaction and reducing burnout.
Empowering the next generation of lawyers
Junior lawyers have higher expectations and can struggle to gain experience. Many firms hesitate to invest in training,
but ignoring development risks losing future leaders.
AI-enhanced tools offering integrated guides and templates, enable junior lawyers to upskill independently, reducing the mentoring burden while accelerating career growth.
Automate to let lawyers focus on what matters
Administrative overload drives many lawyers from the profession. Automation software can handle time recording, drafting, billing, and updates, freeing lawyers for high-value legal work. This not only improves productivity but also creates a more rewarding and sustainable environment.
Hiring without borders
Cloud-based systems powered by AI eliminate geographical barriers. Lawyers no longer need to live near an office to contribute meaningfully. Gen Z lawyers are exploring digital nomad visas, while experienced practitioners embrace consultancy and relocation. Firms that embrace a flexible working model facilitated by cloud-based and AI enhanced systems can build agile, distributed teams, ensuring access to talent regardless of location. The skills shortage isn’t going away, but by investing in a flexible work culture, AI-powered tools, and professional growth, SME firms can future-proof their operations and build a modern, resilient workplace.
Gareth Walker, LEAP
Download the full whitepaper at: https://www.leap.co.uk/whitepapers/ retaining-talent-how-to-overcome-theskills-shortage-in-2025/
‘AI is transforming the legal profession – but be informed and stay human’ says The Solicitors’ Charity Trustee
and innovative tech lawyer
Rory O’Keefe
Artificial Intelligence (AI) is revolutionising the legal sector, bringing major advances in efficiency and accessibility. But it also demands new levels of scrutiny, responsibility, and ethical oversight, says Rory O’Keeffe, AI and innovative tech lawyer, Founder of RMOK Legal1 and Trustee of The Solicitors’ Charity.2
Reflecting on the fast-moving integration of AI into legal workflows, O’Keeffe highlights both opportunities and risks for professionals across the sector.
“AI is
work faster and more cost-effectively, but we must remain vigilant. These tools are still developing, and mistakes –like fabricated case law – can and do happen if we trust them blindly”.
O’Keeffe also points to the growing role AI is playing in improving access to justice. Chatbots and automated tools now guide the public through tenancy disputes, employment rights and immigration queries, offering vital support for those who might not otherwise seek legal help.
“It’s a win-win”, he says. “The public get informed, and firms can triage cases more efficiently, directing time and expertise where it really counts”.
Despite these benefits, O’Keeffe urges the profession to proceed with care. “Lawyers have a new duty, not just to use these tools, but to understand them”, he explains.
“Knowing where your data goes, how your AI system works, and what biases may be embedded is now part of delivering safe, responsible legal services”.
across England and Wales, is keen to ensure that lawyers are equipped to adapt to these changes while maintaining high standards of care, ethics, and professionalism.
“As the technology evolves, so must we”, says O’Keeffe. “AI will never replace lawyers, but it will change what we do, how we do it, and how we deliver value. The key is to stay informed, stay engaged - and above all, stay human”.
To learn more about The Solicitors’ Charity and its work supporting solicitors in challenging times, visit www.thesolicitorscharity.org.2
Want to support The Solicitors’ Charity? 3
Rory O’Keeffe, AI and innovative tech lawyer and Trustee of The Solicitors’ Charity.
no longer a futuristic concept”, he says. “It’s here,
it’s in
use, and
it’s reshaping
how solicitors research, draft, and interact with clients”.
AI-powered platforms now offer support ranging from clause suggestions in Word to first-draft case summaries that mirror the work of a junior lawyer.
“Time savings are the most obvious win”, O’Keeffe notes. “AI can help firms
He adds that AI adoption is no longer limited to large firms. “Smaller practices, once priced out of legal tech, are catching up thanks to more accessible and scalable tools. The gap is narrowing, and that’s exciting for the future of the profession”.
However, he cautions against being swept up in hype. “The best advice? Treat AI’s output like a junior lawyer’s memo. It’s a starting point, not a final answer”.
The Solicitors’ Charity, which supports the health and wellbeing of solicitors
1 https://www.rmoklegal.com/
2 https://thesolicitorscharity.org/
3 https://thesolicitorscharity.org/supportour-work/
