Pears 27 online edition

Issue 27 Spring 2018

WLS Awards Evening 2018 Gallery on p.18

ALSO: Support The Kili-Billies! • Fundamental Dishonesty Pleas Employment Law Implications of Brexit • The Power of Mediation and more...

Bulletin Sponsored by

This edition...

Issue 27 Spring 2018

4

Committee Members and Member Firms

16

Proposed SRA changes to PII provision

5

President’s Introduction

18

WLS Awards Evening 2018 Photo Gallery

6 News

20

Commercial Conveyancing: A Bespoke Solution

7

Fundamental Dishonesty Pleas

22

Is There no Limit to the Powers of Mediation?

7

Getting to know you #1 - James Osborne

24

How Equity Release can help your clients

8

Support the Kili-Billies!

27

An inspirational start: Bromsgrove School

10

Employment Law implications of Brexit

28

Dormant accounts and good causes

11

Getting to know you #2 - John Aldis

30

Planning Risks in Residential Transactions

12

Clear information and the home-buying process

32

Book Review

14

Worcester University

34

Outsourcing - the solution to staffing problems!

Published by: EAST PARK COMMUNICATIONS Ltd. Maritime House, Balls Road, Birkenhead, Wirral CH43 5RE

Advertising

Design

Simon Castell James Bentley

David Coffey East Park Studio

Managing Editor Thomas Evans

Published

Tel: 0151 651 2776 Accounts simon@eastparkcommunications.co.uk www.eastparkcommunications.co.uk

Tony Kay

Spring 2018

Legal Notice Š 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.

www.worcestershirelawsociety.com

3

Committee Members

Visit our website: www.worcestershirelawsociety.com or follow us on Twitter: @worcslawsociety

Alex Phillips President MFG Solicitors LLP alexandra.phillips@mfgsolicitors.com

Priya Tromans Secretary Harrison Clark Rickerbys tel: 01905 746469 ptromans@hcrlaw.com

Laura Moore MFG Solicitors LLP Telephone: 01562 820181 laura.moore@mfgsolicitors.com

Kevin Joynes Treasurer Higgs and Sons Telephone: 01384 327 246 Kevin.Joynes@higgsandsons.co.uk

Nick Hughes Painters Solicitors NAH@painters-solicitors.co.uk

James Osborne Committee Member Harrison Clark Rickerbys josborne@hcrlaw.com

Patricia Beeching Family Law Consultant, Hallmark Hulme Solicitors.

Law Society Council Member for the Welsh Marches.

Pat.Beeching@hallmarkhulme.co.uk

John Aldis Pupil Barrister St Phillips Chambers jaldis@st-philips.com

Hannah Nicholls, Thursfields Solicitors, 01562 512479 HNicholls@thursfields.co.uk

Worcestershire Junior Lawyer Division JLD Hailey Nip Chair hnip@hcrlaw.com

Shauna Halls Social Media representative shalls@thursfields.co.uk

George Charteris Social Secretary George.charteris@hallmarkhulme. co.uk

Charlotte Perry Vice Chair cperry@thursfields.co.uk

Lara Wilkinson Treasurer lwilkinson@russell-law.co.uk

Luke Crocker Social Secretary Luke.Crocker@hallmarkhulme.co.uk

Nerys Thomas WJLD Secretary nthomas@hcrlaw.com

Rachael Wheeler National JLD rep rwheeler@hcrlaw.com

Ann Marie Forster Social Secretary Annmarie.forster@mfgsolicitors. com

Joe Rollins Social Media representative jrollins@thursfields.co.uk

Hannah Yates Social Secretary hannah.yates@stiveschambers. co.uk

Ellie Newman Social Secretary ellie.newman@mfgsolicitors.com

 Â

4

www.worcestershirelawsociety.com

President’s Introduction Welcome to our latest edition of the Pears.

your space. All proceeds raised on the day will be donated to the Worcestershire Maternity Bereavement Suite for which we have been raising funds all year.

Firstly I would like to thank everyone who

Priya can be contacted at PTromans@hcrlaw.com.

attended our Awards Night 2018 at the Guildhall and huge congratulations to all of our winners. I

I am delighted to confirm that so far we have raised over £3,000.00. As part of

would also like to thank our sponsors, St Phillips

our “Kili-Billies” campaign our goal is to raise £20,000.00. We still have a way to

Stone Chambers, Index Property Information,

go but with your support we very much hope to reach our target.

TLO Risk Services Limited, Ballards LLP, McCarthy Taylor and Anja Potze for their support. I also want to thank Bennetts Ice Cream for the delicious pudding!

Please also keep an eye out for our upcoming curry night and bike-a-thon outside the Guildhall!

Our next event will be our African themed summer fundraiser at WRFC on

We are currently looking for new committee members so if you would like to

Saturday 9th June at 2018. The party starts a 4pm and tickets include food,

get involved and have your say in how Worcestershire Law Society is run then

giant garden games, face painting a Worcester Warriors, Legends Q&A and an

please contact me directly.

auction of promises.

Alexandra Phillips, Places for this even are limited so please contact Priya Tromans to reserve

President

www.worcestershirelawsociety.com

5

News News News News News News

l-r Maynard Burton, Clare Lang, Stephen Wyer and James Hayes of mfg Solicitors

Worcestershire law firm grows corporate team with appointment of new partner Worcestershire legal firm mfg Solicitors has strengthened its corporate and commercial offering with the appointment of a new partner.

Widely respected business specialist Clare Lang, who has 16 years of experience advising and supporting businesses, has joined the 33-partner firm which has its county offices in Worcester, Kidderminster and Bromsgrove.

She will work alongside existing corporate and commercial partners, Stephen Wyer and James Hayes.

Based at the firm’s Kidderminster headquarters, she will focus on growing mfg’s corporate and commercial client base and advising clients across the region on mergers and acquisitions, business disposals, management buy outs, reorganisations, and a series of business-related finance matters.

Maynard Burton, partner and chairman of mfg Solicitors said: “Clare is a first-rate and hugely admired corporate and commercial law specialist who will add significantly to an already respected team.

6

www.worcestershirelawsociety.com

“Having successfully worked closely with both large and small businesses for 16 years, she has the credentials, track record and professionalism we look for in a partner.

“I am looking forward to Clare contributing to our success in the months and years ahead. She is already making a brilliant impact within the firm and with our clients regionally and nationally.”

Clare Lang added: “Joining Stephen, James and the rest of the team at mfg Solicitors presents an exciting opportunity for me to grow and develop our corporate offering.

“The firm’s large client base of corporate businesses and high net-worth individuals is well recognised and impressive. I’m looking forward to strengthening the range of services provided by the firm and helping to cement mfg’s reputation as a premier provider of corporate and commercial legal services.” mfg Solicitors has offices across Worcestershire and Shropshire.

Its head office is in Kidderminster with other regional offices in Worcester, Bromsgrove, Telford and Ludlow.

Fundamental Dishonesty Pleas D

ishonest claims have attracted a lot of attention and sanctions in recent years.

There has always been the right to bring contempt proceedings against dishonest claimants, but the procedure for an application for committal for contempt of court must be adhered to strictly and contempt proved to the criminal standard of proof; i.e. beyond reasonable doubt. Costs is a means of imposing a sanction and with the advent of QUOCS protection for personal injury claimants the threat of removal of that protection under CPR 44.16 where the claim is found “on the balance of probabilities to be fundamentally dishonest” is a real deterrent. Likewise, s.57 of the Criminal Justice and Courts Act 2015, which came into force on 13 April 2015, a claimant who has been “fundamentally dishonest in relation to the primary claim or a related claim” the court must dismiss the primary claim unless it is satisfied that the claimant would suffer substantial injustice if the claim were dismissed. Thus, the claimant who dishonestly exaggerates his claim or another related claim e.g. by dishonestly supporting another related claimant, will probably lose any damages he would otherwise have been entitled to.

These provisions beg the question of what is a fundamental dishonest claim or fundamental dishonesty by a claimant, but that will primarily be a question of fact. Lawyers have to think about what needs to be done before being able to ask a court to make a finding of fundamental dishonesty. Must fundamentally dishonesty and the factual grounds for it be fully pleaded in the Defence? Or is it sufficient to put a claimant to proof and/or merely raise concerns or suspicions about the bona fides of the claim? We must bear in mind that ethically dishonesty should only be pleaded where there is an evidential basis for making such an allegation. The Court of Appeal has been ambiguous on the requirement for pleading fraud: compare Hussain v Amin [2012] EWCA Civ 1456 and Kearsley v Klarfield [2005] EWCA Civ 1510.

In the recent case of Howlett v Davies & Ageas Insurance [2017] EWCA Civ 1696 the CA has reinforced the guidance in Kearsley v Klarfield to the effect that an express pleading of fraud is not necessary in all cases. It is open to a Judge to make a finding of fraud and fundamental dishonesty even where fraud has not been pleased expressly in the Defence. The key question is whether the claimant has been given

adequate warning of and a proper opportunity to deal with the possibility of the Judge coming to such a conclusion and the basis of it. In terms of pleading it is sufficient to put in issue that the accident or injuries occurred as alleged or at all and to advert to matters, which tended to put the claimant’s honesty in issue. In terms of cross-examination it still remains that generally the allegation of lying or deliberate exaggeration must be put to a witness along with the facts and matters relied upon in support of that contention. If that is done then there can be no complaint from a claimant if the Judge goes on to find fundamental dishonesty even if there is no express pleading in the Defence and removes QUOCS protection and/or dismisses the primary claim pursuant to s.57 CJCA. Howlett v Davies & Ageas Insurance is a good case for insurers, who can now raise the threat of a finding of fundamental dishonesty without an express pleading and do so on the basis of matters merely giving rise to suspicion. This alone may deter some claimants whilst giving the insurer the opportunity to investigate the bona fides of a claim.

by Petar Starcevic

Getting to know you... James Osborne 1. Tell us what you do?

I’m an Associate Solicitor in the Family Law team at Harrison Clark Rickerbys.

I deal with private law matters in respect of complex financial issues, divorce, Children Act applications, domestic violence issues, cohabitation, and pre/post nuptial agreements.

2. How did you get to where you are now?

Having attended the University of Sheffield for my law degree I then trained at a firm in the Black County called Higgs & Sons before moving to Harrison Clark Rickerbys. I’ve now been at the firm for four and a half years.

3. Where were you born and brought up?

Weirdly, I was born in Saudi Arabia but flew back to England two weeks later. I grew up in a small town called Kingswinford in the West Midlands.

4. What was your favourite/least favourite subject at school?

Easy – English was my favourite and I was never a big fan of Maths!

been to Glastonbury that would be one to tick off the list.

5. Describe yourself in three words?

Ambitious, confident and determined.

10. What is your favourite saying/slogan/mantra to live life by?

Believe in yourself. Have faith in your abilities.

Without a humble but reasonable confidence in your own powers you cannot be successful or happy.

6. If you weren’t in the job you are in now, what could you see yourself doing?

I’d love to have been involved in football. I idolised David Beckham as a child so to have played for Man Utd as he did would have been a dream.

7. What is your favourite holiday destination/the most interesting country you have ever visited?

Having just returned from Australia that has to be my answer to this one. It’s a fantastic country and I could genuinely see myself moving there one day!

11. If you had three wishes what would they be?

1) To find a cure for cancer. 2) For world peace.

3) For Man Utd to return to the glory days of Sir Alex Ferguson.

12. What skill would you like to master?

I’d love to play off a scratch golf handicap.

8. What hobbies do you have?

I’m a sports fanatic. Football is my first love but I am also a keen golfer.

13. What is something that is considered a luxury that you could not live without?

Chocolate – I have a very sweet tooth!

9. If you could get tickets to any event what would it be?

I’m also a big music lover and having never

14. Tell us something about you that is surprising/not many people know?

I suffer from Type 1 Diabetes.

www.worcestershirelawsociety.com

7

WLS Fund Raising Campaign 2018 that you can’t put words to engulf them. The additional bereavement suite will provide a safe space to begin that journey, have time, different conversations, create memories, scream, shout and cry with staff, family and friends in privacy.

When the existing suite is unavailable it not so easy to create the right environment. Families definitely go home a lot quicker and this sometimes creates regrets and guilt later on in life. It really upsets me when families are unable to use the bereavement suite because I know it can make such a difference”.

Unfortunately, Trudy and the team at Worcestershire Royal Hospital don’t have the resources or the facilities to help every family that needs their help.

Every month they are forced to turn grieving parents away.

Some parents who have benefited from the existing maternity bereavement services at Worcestershire Royal Hospital told us just how vital these services are: “Having the use of the bereavement suite gave us a chance to breathe and start to make sense of what had happened and was happening”.

“It gave us the time to bond and create memories with our baby, in a home from home setting, until we were ready to say goodbye and take the next difficult step of going home”.

L to R: Priya, Alexandra Phillips, Claire and Sharon at their first training session.

W

orcestershire Law Society’s Campaign to Raise Funds for a New Maternity Bereavement Suite at Worcestershire Royal Hospital:

This year the committee wanted to support a local charity that would see a real tangible benefit from the money raised enabling people who donate to be able to say “my donation helped to build that”.

For most people, losing a baby is the worst thing that they can imagine.

Worcestershire Royal Hospital (WRH) currently provides limited bereavement services to help families in our county come to terms with the

8

loss of their baby.

We met Trudy, a specialist Bereavement Support Midwife at WRH. It is sad that such a specialism even exists but, every day, people like Trudy and the facilities they provide help a family in our community.

Trudy explained: “Your donations are so hugely important, I can see a difference when families have time and space to digest what has happened. When they find out that their baby has died their whole world is turned upside down and their hopes, dreams and expectations for the future are ripped away from them. It can be like a boat being thrown about in a storm, families don’t know which way to go, where to be, how to be and a whole mixture of emotions

www.worcestershirelawsociety.com

“It gave us that quiet, private time with our baby, family and friends. The staff where there at the end of the call bell if we needed absolutely anything or had any questions”.

“The room was so valuable as it gave us space and time. With the garden as well we could create beautiful memories and stories that can only help for the future and how we cope”.

“Being there meant we didn’t have to deal with everyday things we could just spend time with our baby, it was a safe bubble before we had to take the next steps to go home”.

Other parents highlighted the importance of having a separate space away from the normal delivery ward: “I can’t imagine having to stay on delivery suite and hear other babies being born”.

“If the bereavement room hadn’t been

available then I would have gone home straight away, I couldn’t have stayed and would have missed out on spending time with my baby”.

Whilst we climb the world’s highest free standing mountain, perhaps you could find a few minutes to donate towards this fantastic local cause?

Unfortunately, this situation is all too common as with just one bereavement suite at Worcestershire Royal Hospital there is currently only room for one family at a time and often grieving parents have to turned away and sent to the normal delivery ward.

Your donations will be used to change an existing room at Worcestershire Royal Hospital into an additional bereavement suite. This involves ensuring that the room conforms to the necessary regulations for use, changing lighting, creating a door out into a private garden shared with the other bereavement suite, providing a shower room and kitchen facilities. Structurally a private entrance will be built, so that families no longer have to use the main delivery suite entrance.

The plans also involve soundproofing two delivery rooms and furnishing them so they are a little less clinical and allow the visitors that are providing support the ability to be able to relax and have refreshments and be comfortable. The works will also refurbish the current bereavement suite as its looking a little tired.

It is simply heart breaking that some parents have to go through this gruelling time without this additional support. A new Worcestershire Royal Hospital Maternity Bereavement Suite will provide a private space for parents who have experienced the tragedy of a stillbirth or the loss of their baby post-birth, where they can begin to grieve the loss of their baby in private. The staff will also provide community support so that parents and siblings can continue to access the help they need after leaving the unit.

This cause touched our hearts and gave us a real desire to do something to help.

We quickly decided that this is a charity that we wanted to go the extra mile for and we made the slightly crazy decision to climb Kilimanjaro, Africa’s highest mountain (and a dormant volcano) in an effort to raise as much money as possible for this great cause.

For those of you who know us well, you will know that this challenge is something very much out of all of our comfort zones!

We have formed a team of four who make up Team Kili-Billies:

• Alexandra Phillips: President of Worcestershire Law Society and an Associate Solicitor at mfg Solicitors in Worcester • Priya Tromans: Secretary of Worcestershire Law Society and an Associate Solicitor at Harrison Clark Rickerbys in Worcester • Claire Gamage: Associate Solicitor at Bird and Bird LLP, London.

• Sharon Sheehan: Consultant Microbiologist in Eastbourne.

We are not asking for you do anything too active - you can sit at home in the glowing warmth of your loving families and wait for updates from us to see how we are doing.

The money raised will also be used for the furniture, equipment, soft furnishings and crating storage for all the items that Trudy’s team use for bereavement, so everything is available for families to assist them in creating the memories they wish. The donations will help with the maintenance of both suites to ensure that they remain fresh and comfortable and provide the best support possible for families.

The Suite is an NHS funded resource that needs a bit of extra help so that they don’t have to turn away grieving parents at a time when they desperately need this additional help and support. If we can help them raise the funds they need, they don’t have to fight for funding with every other hospital department trying to get their share.

Your donation will not be a drop in the ocean.

Your donation will go towards building a brand new maternity bereavement suite, one which you helped build!

Such a tragedy could happen to anyone you know.

Please help those who just want a place to say goodbye to their little one, in their own time.

We hope to raise at least £20,000.00 and the focus of our fundraising and the publicity we hope to generate is very much Priya and I.

Two local women educated in Worcester (supported by two others) who work for two local law firms doing something to help a local charity raise money for something tangible for our community.

Trudy recently attended our WLS quiz night and explained that some of the money raised will go towards sound proofing a couple of delivery rooms as well as an additional bereavement suite. Sadly one mother’s memory is “as I was giving birth to my baby that had died all I can remember is the sound of the mother next door who was exactly at the same stage of labour but her baby cried, my heart broke”. When Trudy told our guests about this mother’s experience on Monday you could see how touched people were and we raised £450.00 that night alone.

We also raised £115.00 at a raffle during our bowling night at the end of last year.

Alexandra Phillips, WLS President

Other Events Planned:

An African themed fundraising extravaganza on Saturday 09 June 2018 to be held at WRFC’s clubhouse, the Wanderers having donated their facilities to our campaign for this.

Other events TBC.

TO DONATE

Supporting the Kili-Billies and the campaign to build a new maternity bereavement suite:

We have a dedicated website for the climb and the fund: www.kili-billies.co.uk

We also have a Just Giving page:

A Facebook Page: Kili-Billies

Twitter: @Kili_Billies •

www.worcestershirelawsociety.com

9

Employment law implications of Brexit – Dr Mirza Ahmad T

he UK is heading into a sea of uncertainty and choppy waters as it negotiates a best divorce deal from the European Union and then implements change arising from the June 2016 referendum which gave the UK government a legitimate mandate for the UK to exit the EU. However, the Referendum Act 2015 never determined ‘how’ or gave the legal power to the Government to exit the EU. That power, as established by the Supreme Court in the Miller case, remains the sole preserve of the UK Parliament and forced the Government to introduce the European Union (Withdrawal) Bill 2017, which is currently going through the various Parliamentary stages.

Accordingly, until Exit Day, it is most important to recognise that the UK has not actually exited from the EU and its institutions. The UK will, of course, never exit from Europe.

Until Exit Day, therefore, all EU laws and jurisdiction continue to apply and bind the UK as they did before the UK’s referendum. This brief article looks at some, not all, of the potential implications of UK’s decision to exit from an employer/ employee perspective.

In a nutshell, on Exit Date – date still to be determined but likely to be on or before 31 March 2019: (a) any new EU laws (unless saved by local domestic UK law) will no longer become effective or operative within the UK, but any existing EU laws (prior to exit day), along with any UK domestic Acts of Parliament and/or secondary legislation (unless repealed by local domestic UK law) will continue to apply in the UK and remain of binding effect, applicable and arguable in UK courts; and (b) Any developments in the jurisprudence by the European Court of Justice, post exit day, will no longer be binding on UK courts and will become only of persuasive effect.

10

The government, in its House of Commons Briefing Paper, CBP 7732 of 10 November 2016, made it clear that: “A substantial component of UK employment law is grounded in EU law. EU employment law where it exists provides a minimum standard below which domestic employment law must not fall… subject to the provisions of the EU withdrawal arrangements or a subsequent trade agreement, withdrawal from the EU would mean that UK employment rights currently guaranteed by EU law would no longer be so guaranteed… The Government has already indicated that it would seek to preserve employment rights through the ‘Great Repeal Bill”.

The House of Commons Briefing Paper is a useful starting point for relevant laws in this area as it includes a most useful Annex which sets out relevant EU and UK domestic law implementing the same. It lists, for example, relevant laws relating to Agency, Data Protection, Discrimination and Health & Safety, with the key applicable EU and UK laws.

Leaving aside the current political debate about trade deals and the fine detail of the UK’s ultimate divorce settlement from the EU, from an employer/employee perspective, the following main areas of impact, rights and responsibilities must be considered and prepared for – in the time available: (a) Equality law – as enshrined by Article 157 on the Functioning of the European Union, relevant Working directives (such as 97/7 on social security, 2006/54 on equal pay and treatment, 2000/43 on race and ethnic origin, 2000/78 on disability, sexual orientation, age etc., and 2010/41 on self-employed); (b) Family friendly laws – as enshrined

by Directives 92/85 on pregnant workers, 97/81 on part-time workers, 99/70 on fixed term work, 2008/104 on agency workers and 2010/18 on parental leave;

www.worcestershirelawsociety.com

(c) Working Time laws – as enshrined by Directives 2003/88 on working time, 94/33 on young workers, 2000/79 on working time in civil aviation, 2005/47 on working conditions in cross-border railway services; 2002/15 on working time in road transport and Regulations 561/2006 on daily and weekly driving time; (d) Health and Safety laws – as enshrined by Directives including 89/391 framework, 89/364 on minimum requirements for workplace, 89/656 on PPE, 90/70 on display screen equipment, 90/269 on manual handling, 89/58 on safety signs, 2009/104 on work equipment, 2003/10 on noise and 2009/148 on asbestos; (e) Information & consultation – as enshrined by Directive 2002/14, generally, and specifically by Directives 2009/38 re European Work Councils, 2001/86 and 2003/782 on information and consultation in ECS and Co-operative society; and (f) Economic Restructuring – as enshrined by Directives 2001/23 on Transfer of Undertakings (TUPE), 98/59 on collective redundancies and 2008/94 on insolvency.

Regrettably, the limit on the length of this article does not permit a detailed exposition of those areas.

In summary only, as respects the European Union (Withdrawal) Bill 2017, it is intended that, on and from Exit Day, EU law will no longer be

supreme in the UK, but UK law will once again become supreme. This will reverse the position created by the European Communities Act 1972, which was the ‘conduit’ for all EU law and jurisprudence into the UK. Accordingly, any ‘new’ laws passed

by Parliament after Exit Day will not be interpreted by the European Court of Justice. As respects ‘exiting’ EU/UK law derived from EU law and of direct effect in the UK prior to exit day, the stated governmental position under the Withdrawal Bill is that such laws will be ‘preserved’ and the UK courts will interpret the same, including the same being mindful of – but not being bound by – any ECJ / EU developed jurisdiction, post Exit Day. Only time will tell if the UK courts will, indirectly, continue to ‘develop’ (and be developed by ECJ jurisdiction) in areas preserved by the Withdrawal Bill.

Obviously, those EU laws which were derived from and implemented in the UK by primary legislation (e.g. Equality act 2010, Employment Rights Act 1996 and Health & Safety at Work etc Act 1974) and/ or secondary legislation under the same, will continue to apply after Exit Day – until repealed and/or amended by Parliament as per other UK domestic legislation. Only time will tell if the UK’s ship docks safely or drifts rudderless after the choppy seas have calmed.

Getting to know you... John Aldis 1. Tell us what you do?

I’m a barrister at St Philips Chambers with a special interest in property, probate and insolvency work.

I’m married with a 4-year-old daughter.

4. What was your favourite/least favourite subject at school?

9. If you could get tickets to any event what would it be?

Maths / Art.

Red Bull Ramage. The world’s most extreme downhill mountain biking competition.

5 Describe yourself in three words?

Task-focussed; adventure.

academic;

restless-for-

6. If you weren’t in the job you are in now, what could you see yourself doing?

Foreign diplomat.

10. If you had three wishes what would they be?

If we’re talking purely selfishly, rather than world peace etc.: to be able to practice English Law from a villa in the South of France with a good English pub and all of my friends and family nearby.

2. How did you get to where you are now?

By the least efficient route possible. I studied law, then trained to be a vicar, then retrained to be a barrister (after my first law degree had expired).

7. What is your favourite holiday destination/the most interesting country you have ever visited?

Probably France. I lived in Paris for 2 years discovering the richness of the French language, culture and landscape.

The piano.

12. What is something that is considered a luxury that you could not live without?

Real Ale and Radio 4.

3. Where were you born and brought up?

South of the Sahara Desert in a village called Galmi in Niger. My parents emigrated to Africa so that my Dad could take up a post as a doctor in a rural mission hospital. We moved to Worcester when I was 11.

11. What skill would you like to master?

8. What hobbies do you have?

Mountain biking, struggling to learn jazz piano & pursuing whatever intellectual interest is inspiring me at the time (whether New Testament Greek or the history of the English Common Law).

13. Tell us something about you that is surprising/not many people know?

I was the first person born British in Niger.

My consulate birth certificate is marked Entry No.1.

www.worcestershirelawsociety.com

11

Up-front access to clear information will improve home-buying process M

aking clear and concise information available at the right time could speed up the entire home buying process, the Law Society of England and Wales argued today in response to a consultation by the Department for Communities and Local Government.

The Law Society also argued the need for robust and consistent consumer protections.

“Buying a home is one of the biggest decisions people make, and it is important they have access to enough information to make an informed choice,” Law Society president Joe Egan said.

“We are also calling for all stakeholders to be held to codes of conduct or protocols which will maintain the high standards expected by consumers.

“Many people can get lost in the conveyancing maze. Estate agents, lenders and conveyancers all have a role to play in ensuring things proceed as smoothly as possible.

“There need to be minimum standards which require all relevant information to be shared.

“Home buyers and sellers should be aware of their rights, as well as the responsibilities of all stakeholders in the transaction. This should include an overview of the process and the potential costs and fees involved.

“We are calling on the government to ensure consumers have access to this information at the beginning of transactions - this should limit the number of purchases that fall through.”

Julie Rankin

Interior

Design }

J

ulie Rankin Interiors offers a high quality design service for private clients and contract projects.

Established in 2002 and based in Upton upon Severn, the company provides a comprehensive service including curtains, upholstery, carpeting, bespoke furniture, lighting, paint, wall coverings, art and accessories. The showroom houses a wide range of fabrics and wallpapers from companies including Designers Guild, Jane Churchill and Romo. Lighting from Libra and India Jane sits alongside unique artwork from artist-in-residence Kate Rees.

Julie, a trained interior designer, has extensive experience an in-depth knowledge of the products and fabrics available. She revels in the variety of contracts large and small, always seeking to deliver excellent work in an efficient and friendly manner.

Please phone 01684 438320 to arrange a free initial consultation

julierankininteriors@gmail.com

12

www.worcestershirelawsociety.com

Joe Egan added: “Ensuring clients are able to make informed decisions is just the first step in protecting their interests.

“Too often we hear stories about consumers being surprised at the eleventh hour or after a sale has gone through about extra costs involved in their purchase – this is unacceptable.

“We want to ensure consumers are well-informed and protected.

“This consultation is a good first step in improving this process and we hope the government takes action to address our concerns – and more particularly the concerns of consumers.”

University of Worcester School of Law Photo: Jonathan Brew

to generate opportunities, especially for Worcester Law students. The Forum, chaired by Jonathan Brew of Harrison Clark Rickerbys, comprises a number of senior and successful legal professionals from various parts of the legal profession and justice system so as to maximise the different types of opportunity that students may apply for.

President of the Supreme Court, Lady Hale, receiving her honorary award with College Fellow, Jonathan Brew and Prof Sarah Greer

T

he University of Worcester’s new School of Law is now celebrating its second year of welcoming law students onto its suite of LLB qualifying law degrees.

The School of Law was officially opened in January 2017 by Sir Andrew McFarlane QC, at the time a Lord Justice of Appeal and due to take up the role of the new President of the Family Division from July 2018.

Bill Davies, Head of the School of Law, said: “It was an honour to have a lawyer of such high standing in the profession to come to open the School of Law. We were very grateful for the kind words he said and the encouragement he gave to the new students.”

realistic as possible,” said Mr Davies. “With the increasing emphasis in the profession on the importance of skills training, we felt that a bespoke room where the students could practise their advocacy and court etiquette skills was essential.”

Employability is at the heart of what the School of Law seeks to promote. Commercial awareness training is built into the core curriculum and guest speakers contribute to all teaching to ensure it remains relevant and focussed on the real world issues facing clients and lawyers today.

Central to the employability mission was the creation of a Law Forum to help

To date, students have been provided with a chance to gain practical work experience (mainly over the summer vacations) in a variety of legal settings, including at large and medium sized local law firms, Worcestershire County Council’s legal department, West Mercia & Warwickshire Police legal department, the Crown Prosecution Service and in a barrister’s chambers. In addition, a number of the current Law students have volunteered as generalist advisers or specialist welfare benefit case workers at the Worcester Citizens’ Advice Bureau.

Stephen Hurley, a solicitor, JP and Senior Lecturer in Employment and Equality Law, who leads on employability at the School of Law, explains: “As a former law firm partner myself, I know that success in any legal career depends not just on excellent technical legal knowledge but also on building up good practical client facing experience. We are extremely grateful to the local legal community who have been very generous both with their time and by getting involved with the School of Law’s activities.”

Based in the Jenny Lind building, part of the University’s City Campus, students are taught in the legal heart of Worcester, a short walk to the Law Courts and many law firms’ offices.

Students benefit from being able to practise their legal skills in a brand new mock courtroom, complete with the latest video link technology allowing evidence to be relayed from a sensitive witness room. The court room is fully wheelchair accessible and was built with inclusion in mind. It has received much praise from visiting members of the judiciary and local lawyers for its realism.

“We were determined to make the students’ experience of learning the law as

14

Sir Andrew McFarlane QC opening the School of Law

www.worcestershirelawsociety.com

to a number of Law students. This allows the students to gain guidance and encouragement from a legal professional who can share the benefit of their experience.

Bill Davies and students in the court room Worcester students also have the opportunity to get real life experience of using their legal skills in the University’s Legal Advice Centre, which operates from The Hive. With the pro bono help of local specialist solicitors, trained and supervised students are able to support the giving of free legal advice on employment law matters to members of the public. Given the popularity amongst students and the genuine local need for free advice given ongoing legal aid cuts, the Advice Centre

is looking to expand its services over the coming years.

In their third year, LLB students will also have the option of choosing a work placement as one of their modules. This allows them to immerse themselves in gaining practical legal work experience while gaining academic credit at the same time.

Members of Worcestershire Law Society have kindly acted as professional mentors

The Law students are also encouraged to take part in extra-curricular activities to broaden their understanding of the law and develop their skills at the same time.

These have included taking part in national competitions, such as the mock trials completion, the mooting competition and the client interviewing competition. They are also encouraged to sharpen their legal research skills for example by taking part in the ground breaking Women’s Legal History Project or speaking at one of the School’s regular lunchtime research seminars.

The School of Law faces an exciting future.

Would you like to be a part of it?

If you are interested in providing students with employability opportunities or supporting the School of Law in any other way, please contact either Bill Davies at bill.davies@worc.ac.uk or Stephen Hurley at s.hurley@worc.ac.uk

www.worcestershirelawsociety.com

15

PIB Insurance Brokers urges law firms to prepare for proposed SRA changes to PII provision O

ne of the UK’s leading insurance brokers is calling for law firms to prepare for proposed SRA changes to PII provision, urging solicitors to seek specialist advice in advance.

Business leaders at PIB Insurance Brokers have highlighted the potential repercussions that the Solicitors Regulation Authority (SRA) proposed changes to professional indemnity insurance (PII) could have on the profession if adopted. They have warned that purchasing protection will no longer be a straightforward process.

The call for firms to act comes as the SRA revives proposals to introduce changes to the minimum terms and conditions via their consultation process, including cutting the minimum levels of insurance cover by significant amounts both in indemnity limit and scope of cover.

Jon Cook, Head of Professions at PIB, said: “Solicitors should take steps now to seek out expert advice ahead of the potential introduction of far-reaching changes outlined in the consultation, ‘Protecting the users of legal services: balancing cost and access to legal services’.

“The proposals are more likely to get the go-ahead this time given the time and input that’s gone into this consultation.

“Firms need to work on the assumption these changes will happen. They need to be ready for it and fully prepared as these changes could most likely first impact those who have PII renewals in spring 2019 or thereafter.

“We’re urging law firms to act now in preparation. Purchasing PII has become easier recently however it’s going to get

16

harder because of the need to build cover more specifically designed for each individual firm. Solicitors should seek the right level of advice to help them navigate these proposed changes before they are introduced. Here at PIB we can offer extensive expertise, knowledge and guidance to help firms manage and minimise the impact of the proposed changes.”

Ged Wood, PIB Regional Manager, Professional Risks, added: “The market’s already competitive, what drives the market is claims and claims costs; it’s what drives every insurance market.

Reduce the claims costs and premiums will reflect this, risk management is the key in this market - not just tinkering with the policy wording.”

Key proposals outlined in the consultation, which lasts until 15th June, include:

While the SRA has indicated the call for change is to improve access to legal services and cutting PII cover will potentially reduce insurance overheads, Mick Eardley, Northern Regional Manager at PIB, doesn’t think that will automatically be the case.

He said: “While we agree with some of what the SRA is proposing it’s not as straightforward as it appears. While you cannot argue with the time, effort and input that’s gone into the latest consultation document, what you can argue with, is the likely outcomes given our anecdotal evidence from insurers.

• Revival of a proposal, previously rejected by the Legal Services Board, to reduce the minimum professional indemnity insurance cover from £2 million/£3 million to £500,000. Firms conducting conveyancing work would need £1 million cover for each claim.

• Flexibility around who pays defence costs.

• Doing away with the requirement for compulsory insurance to include cover for large commercial clients such as lenders in a conveyancing transaction.

• Maintaining the need for a six year run-off period of insurance cover but with a £3 million cap for those needing conveyancing services cover and £1.5 million for other firms.

The SRA says changes could have a positive impact on premiums, encouraging a more competitive marketplace. It states over half of firms take out more than the minimum cover currently required and 98% of PII claims against law firms are valued at under £500,000. The SRA estimate premium savings between 9-17% if the proposals are implemented.

www.worcestershirelawsociety.com

“Some have indicated it’s unlikely their premiums will change if the limit goes down and most likely not at the lower end of the scale. Some insurers have said if there’s a minimum of £500,000 they may not offer that minimum, instead keeping the cover at the current levels, because reducing the cover creates a risk for them of the business going bust with the insurer becoming exposed to even greater risk. Overall, the view in the insurance market is these proposals will have little or no effect on costs.

“Our advice is all firms need to be prepared and seek the right advice on the effects of the proposals. Ultimately we’re all about ensuring lawyers understand risk and can manage it better than they’re doing because actually that’s the main thing that does drive price down.”

WLS Awards Evening 2018

18

www.worcestershirelaws

And the winners

are...

Support Staff (Adminis tration): Jessica Hathaway of Hallmark Hulme Support Staff (Parale gal): Robin Appleyard of Silv erback Law Trainee Solicitor of the Year: Daniel de Saulles of Ha rrison Clark Rickerbys Junior Solicitor of the Year: Tom Bell of mf g Solicitors and Nerys Thomas of Harrison Clark Ricker bys Solicitor of the Year: Sam Pedley of mfg Sol Barrister of the Year: icitors David Mitchell of No.5 Ch ambers (nominating firm mfg Solicitors) Professional Disciplin e Award (Commercial Property): Commercial Property team of the year is: Harrison Clark Ricker bys Lifetime Achievemen t Award: Jonathan Bre w of Harrison Clark Ricker

The Winners

bys

cestershirelawsociety.com

19

Commercial Conveyancing: A Bespoke Solution C

ommercial property conveyancing covers a multitude of different locations and uses and it’s probably true to say that no two searches are the same.

With this in mind, Index Property Information provides a tailored service for commercial property searches that is designed to match to its clients’ specific requirements.

Index West Midlands director Kate Bould sums up the difference.

“At Index we offer a bespoke service to commercial clients – everything from fish & chip shops to brownfield sites,” she said.

“We guarantee accurate and intuitive solutions that are site specific. We convert ‘land at’ into a postcoded area and advise on the search alerts for this area.

“A general approach would include lots of searches which are not really relevant or required. Our personalised approach checks what assets are recorded in the area, avoiding a lot of unnecessary searches.”

Index works with leading providers, including Landmark, Groundsure, Future Climate Info, DevAssist and The Coal Authority. The West Midlands team offers a full range of reports from utility reports, including gas and electricity distribution; plotting of scaled plans; wayleaves; extent of highways; fibre optic; local authority; environmental; mining and planning.

They also have the insight to ensure the best suite of searches is used to cover the curtilage type searched.

The company specialises in agricultural and commercial property. It has wide-ranging experience working with local organisations to ensure the conveyancing process goes smoothly, along with a thorough understanding of utility reports and data.

“We worked on a major project with Herefordshire Council recently when it sold off its farms,” says Kate. “It was an extensive project and we worked closely with the council, land agents and solicitors to tailor reports that were specific to the client’s requirements.”

Index is a national company which operates on a local basis.

Each regional business is run by people who know the area, have a lot of local knowledge and excellent contacts.

the Sacramento Delta. This involved selling development and agricultural land including vineyards and row crops with irrigation systems.

On her return to the UK, Index Property Information seemed an ideal match for Kate’s skills and experience, and she established the business in the West Midlands in 2014. Index West Midlands currently has 14 employees based at its Warwickshire offices. It works with many of the key legal businesses in Worcestershire, Herefordshire, West Midlands and Shropshire.

“Index is the fastest-growing search provider in the UK and prides itself on its close working relationships with local law firms,” Kate adds. “That was a big part of the appeal for me. “ “Although our online platform is one of the most sophisticated in the business, making remote ordering a simple and streamlined task, the key to client satisfaction is always the relationship they have with us as individuals. “ “We are always on hand to deal with clients’ problems and take immense pride in our individual approach to every client, whatever the size and scope of their business.”

Index Property Information was one of a handful of search providers to partner with the National Land Information Service (NLIS), the only regulated data hub in the UK land and property information market.

This is certainly the case in the West Midlands. Director Kate Bould grew up in the area, attending school in Bromsgrove, and trained with Pinsents many years ago.

It can integrate with most case management software providers, simplifying time management. In addition, Index currently offers pre-completion assistance with SDLT with AP1 submissions coming shortly.

After a period working in marketing for residential housebuilders, she moved to California and spent 18 years working in agricultural and commercial real estate in Napa Valley and

To find out more about Index Property Information in the West Midlands, contact westmidlands@indexpi.co.uk or call the office on 0121 546 0377.

20

www.worcestershirelawsociety.com

Is There no Limit to the Powers of Mediation?

Chris Makin

A

few days ago we saw the funeral of brave Alfie Evans, the terminally ill little boy of 23 months who died despite a campaign to have him treated in Italy, supported by no less an advocate than the Pope, and whose parents had taken his case right up to the European Court of Human Rights.

One cannot but be moved by such a tragic case.

Now, I’m just a humble chartered accountant and commercial mediator, and not a social campaigner; but even I recognise the heart-wrenching dilemma of parents who seize every change of life for their beloved children.

The previous similar case was that of Charlie Gard1 where, again, parents had to fight it out with the medical profession through the courts and where, again, they lost, and Charlie died. But the words of The Hon Mr Justice Francis in the High Court stage of that fight are illuminating, since they include a plea for mediation to be used even in a case such as this. The emphasis is mine: (20) “Fourthly, I want to mention, again, the subject of mediation.

Almost all family proceedings are now subject to compulsory court led dispute resolution hearings. This applies in disputed money cases, private law children cases and in all cases involving the welfare of children who might be the subject of care proceedings. I recognise, of course, that negotiating issues

22

such as the life or death of a child seems impossible and often will be.

However, it is my clear view that mediation should be attempted in all cases such as this one even if all that it does is achieve a greater understanding by the parents of each other’s positions.

Few users of the court system will be in a greater state of turmoil and grief than parents in the position that these parents have been in and anything which helps them to understand the process and the viewpoint of the other side, even if they profoundly disagree with it, would in my judgment be of benefit and I hope that some lessons can therefore be taken from this tragic case which it has been my duty to oversee.”

1 Great Ormond Street Hospital -v- Yates and Gard [2017] EWHC 1909 (Fam).

So his Lordship did not expect that mediation would necessarily achieve a bridging of such disparate views, but he saw great value in the understanding of different viewpoints which it could bring.

So too in the commercial cases which I often mediate. Very few of them fail to achieve a settlement but, even with the small number which don’t see an end to the dispute on the day, there are advantages. There may be a settlement soon afterwards when the parties realised they were not so very far apart; what is learned at a mediation, although being without prejudice, can help to craft a persuasive Part 36 offer; and, even if all of that fails, you will have seen the whites of the enemy’s eyes and counsel can plan their advocacy and cross-examination accordingly.

But the fact is that mediation, being so powerful, really can achieve a settlement in the most difficult circumstances. I always hold a joint meeting at the start, even with parties who at first refuse to sit in the same room as their enemy; and it is surprising just how often such an unpromising start does lead on to settlement. And why not? Where, as so

www.worcestershirelawsociety.com

often is the case, the future legal costs to trial are likely to be more than the claimed amount, what possible sense can there be in fighting on?

Going back to heart-breaking medical cases, another infamous case – which again featured Alder Hey Children’s Hospital – was that where a consultant had been retaining the organs of deceased children “for research” without their parents’ permission, so that hundreds of parents had buried their children without knowing that they were incomplete. That most heartwrenching case went to mediation.

Now, it is often said that the parents and other relatives of loved ones who had received negligent medical care want, above all else, two things: an apology, and assurance that others will not suffer in the same way.

The Alder Hey mediation achieved those things. The hospital apologised – something which in litigation could have been construed as an admission of liability. The offending consultant had long since left, and procedures were put in place to retain children’s organs for research or organ donor purposes only after the parents’ informed consent had been given. And then, at the hospital’s expense, a peace garden was established, in memory of all those little children who were with the angels but in incomplete bodies.

Mediation is a wonderful process.

If there really is a limit to its power, I haven’t found it yet.

Biog: Chris Makin was one of the first 30 or so chartered accountants to become an Accredited Forensic Accountant and Expert Witness. He is also an accredited civil & commercial mediator and an accredited expert determiner. He has given expert evidence at least 100 times and worked on a vast range of cases over the last 30 years. For CV, war stories and much more, go to his newly relaunched www.chrismakin.co.uk with videos!

FINGERPRINT ANALYSIS Peter M Swann FAE FFS Independent Consultant to the Legal Profession A former Home Office Adviser with five decades experience in all aspects of finger print and crime work.

A Fellow of the Academy of Experts, a Fellow of the Fingerprint Society, a Member of the International Association for Identification, a Member of the Forensic Science Society and included in the UK Register of Expert Witnesses.

Provides a full independent fingerprint service to legal profession, industry and other agencies.

Examination Development

Assessment Report

Briefing Expert Witness

Telephone: Wakefield 01924 264900 (Office) 01924 276986 (Home) Fax: 01924 265700 Email: peterswann@btconnect.com www.fingerprint-analysis.co.uk

Mr R Scott-Watson

BSc MB BS LLB CUEW DDAM FRCS(Ed) RSW Medico-Legal Ltd Expert Witness in Orthopaedic Trauma since 1990. Over 22,000 reports APIL Expert. MEOL Approved Expert Low Velocity RTA cases accepted

MedCo Accredited. DME 4726 Secretary: Mrs Carol Couzens Main Office: 7A Heath Lane, Oldswinford, Stroubridge, West Midlands DY8 1RF Contact: Tel/ Fax 01384 441126 Email: CarolCouzens@ymail.com Clinics: Stourbridge, Birmingham, Coventry, Bristol, Swindon, Oxford.

Urgent reports, Home and Prison Visits Honorary Member: Federation of Forensic and Expert Witnesses.

Winner: 2018 Corporate intl Global Award 'Orthopaedic Therapy Expert Witness of the Year in England; Orthopaedic Expert Witness (UK) Leaders in Law 2017/8; Lawyer Monthly Orthopaedic Expert 2016, 2017; Forensic Insider Orthopaedic Award 2016; Forensic and Expert Witness E Magazine Medico Legal Awards 2014/2015 and 2016/2017; Forensic and Expert Witness E Magazine Lifetime Achievement Award Trauma and Orthopaedics

www.worcestershirelawsociety.com

23

How Equity Release can help your clients

E

quity Release schemes, particularly Lifetime Mortgages, have come a long way since their inception and apart from the typical reasons for equity release such as: • Asset rich, cash poor people, that simply want to improve their lifestyle • Those with interest only mortgages coming to an end, re-mortgaging • To provide purchase funds when moving home or buying out a partner • Retirees reducing withdrawals from taxed pension funds, by accessing some of the capital tied up in their property tax free.

We’re now seeing equity release schemes being used as tax efficient ‘family planning’ vehicles.

24

If the intention is for children and maybe grandchildren to inherit, why not consider advancing some of that wealth now, perhaps when it’s needed most. Future beneficiaries currently faced with funding children’s school / university fees or providing housing deposits / rent etc. may, as a result have large mortgages as well as other loans or credit card debt at comparatively high interest rates, with no real prospect of repaying such until they eventually receive their inheritance.

With the additional benefits that the equity release is tax free to the property owner and the loan is a debt against the estate for Inheritance Tax purposes, such schemes, when viewed as an analysis of the cost vs benefits for the family’s combined financial situation, can be very efficient and challenge the usual mantra of ‘Equity Release isn’t for me as I must leave the house to my children.’

More and more people have found it incredibly rewarding to be able to help their children, whilst still being around to witness it.

www.worcestershirelawsociety.com

Of course, equity release may not be an ideal solution for everybody and this highlights the need to seek expert guidance from a professionally qualified and independent adviser.

A recent addition to what’s available are schemes for Buy to Let properties and second homes, with potential Capital Gains Tax / Inheritance Tax advantages.

Robert Levy is a Malvern based equity release specialist with The Right Equity Release and a member of the Equity Release Council. robert.levy@therightequityrelease.co.uk www.equityreleaseworcestershire.co.uk Tel: 07730 517671 Tel: 0800 145 5399

An inspirational start B

romsgrove School’s results are impressive, but Bromsgrove is much more than a place to get good grades, it prides itself on being a happy school where children of all ages can thrive both academically and outside of the classroom. The most recent ISI inspection in 2016 rated Bromsgrove as excellent in every category and the Goods Schools Guide states that: ‘the school looks for what every individual is good at and helps them find their niche and passion’.

Catering for 1600 pupils aged 3 -18 on three sites, the Bromsgrove School is a small global community – a place to live, work and make friends for life. And this all starts for our youngest pupils in the most inspiring of settings.

Bromsgrove Pre-Preparatory and PreSchool overlooks the green countryside of North Worcestershire, based in a beautiful Victorian mansion, it is approached by a

long drive and surrounded by delightful grounds. This is where the foundation is laid for many pupils. They learn not simply to read and write and paint and operate computers: they learn to live by the values of the School. They learn to care and contribute. In an invisible, rather mystical way, the joyous atmosphere of the Pre-Prep sets our youngest pupils up for the rigours of life. The academics are taken very seriously indeed (we stretch our pupils beyond the expectations of any national curriculum), though the purposeful nature of the lessons is always illuminated by flashes of unapologetic fun. In our most recent ISI inspection it was found that teaching in the Pre-Prep is often inspirational, we would love you to come and see this for yourselves.

Please contact Admissions Bromsgrove School 01527 579679 ext 347

www.worcestershirelawsociety.com

27

Additional £2 Billion from dormant accounts can be reunited with customers and to fund good causes W

ithin the UK there is a large amount of money that remains unclaimed by its true owners and this issue was first addressed in 2008 which led to the ‘Dormant Bank and Building Society Accounts Act’. Under this Act, banks were required to trace account holders who had not been in contact for several years. In instances where they were unable to find the account holder, the money would be declared dormant and would be used for alternate causes.

In December 2015 the Commission on Dormant Assets was formed to help with this initiative and said the dormant asset schemes should include bonds and shares which could potentially unlock up to £2 billion. In February 2018, the Commission on Dormant Assets published a report where the government will consider legislation to expand dormant accounts schemes

28

One of their core principles state that firms should prioritise reuniting customers with their assets before the money is transferred to good causes and customers should be able to reclaim dormant money at any time.

Assets should only be transferred after appropriate reunification efforts have been made.

regulated by APR (Association of Probate Researchers). We are well known for beneficiary tracing and deceased estate distribution but now we have branched out into the world of asset reunification, helping ensure that the unclaimed assets is reunited with the asset holder. The unclaimed asset can be anything financial or also known as liquid assets. For example, stocks, bonds, dormant bank accounts or monies held by a custodian, and not just physical items from unclaimed estates.

In 2011 the co-operative Banking Group (CBG) established the country’s first Reclaim Fund (RF). Both the CBG and RF have been working with the government in establishing the scheme, and since inception the RF received over £1 billion from several participating banks and building societies.

Do you need to trace people who you know have unclaimed assets? Do get in touch with us, we work alongside many organisations, both corporate and public and our infrastructure is catered towards tracing and identifying any known persons especially in the event of an estate being involved.

Fraser and Fraser are one of the few firms within the genealogy industry who are

www.fraserandfraser.co.uk legal@fraserandfraser.co.uk

to include other assets and financial instruments.

www.worcestershirelawsociety.com

Planning Risks in Residential Transactions A

t the start of the year, we began hosting a series of webinars which are designed to provide property solicitors and conveyancers with helpful Tony Rollason guidance and training related to identifying and managing a host of risks in residential and commercial property transactions.

The most recent webinar on ‘Planning Risks in Residential Conveyancing’ was particularly well received.

For anyone looking to purchase a property, it’s important to know whether there are any nearby planning applications or land use designations, which have the potential to impact the enjoyment, value or future saleability of the property.

From the solicitors’ perspective, how can such information be identified and what’s the best way of advising clients on the matter?

Planning Risks: what does it mean to you and your clients?

As we see it, there are three key areas that need to be researched to fully understand if there are any areas of concern that need to be raised for the client.

1. The property itself 2. The local area; and 3. Local energy and infrastructure projects.

The Property in Question The first port of call is to ensure that the property that is being transacted has all the necessary consents.

There two key rules to consider are: 1. Has the property been physically changed, especially in the last 4 years?

2. Has there been a change of use of the property, within the last 10 years (or four years for dwelling house)?

If, however the owner has not had permission for either physical changes or change of use, there may have been a breach of planning law and the local planning authority may take enforcement action.

Under the provisions of the 2011 Localism Act, it enables Local Planning Authorities to take action against landowners or developers who attempt to avail themselves

30

of immunity from planning enforcement by deliberately concealing the breach of planning law.

The Local Area When it comes to the immediate area, buyers will be interested to know whether changes are taking place to neighbouring properties or green spaces that may impact them in any way. Also, if any new developments are in the pipeline, which may affect their outlook, or create additional burden on the local infrastructure.

In addition, understanding whether neighbouring properties are changing from a single dwelling to that of multiple occupancy (HMO) or even whether any existing planning permissions are yet to be fully exercised – clients expect this information to be made available to them.

The Growth & Infrastructure Act 2013 has updated permitted development rights to now permit extensions to the rear of a property up to 6m in depth at single story level, without necessarily requiring formal planning permission. For semi-detached and terrace homes, this is up to 3m, or up to 4m for detached properties.

The only proviso here is that the property mustn’t be within ‘designated land’, such as within a site of special interest, national park and the Broads, Areas of Outstanding Natural Beauty, conservation areas or World Heritage Sites.

For those eligible, written notice must be given to local authority, including consultation with immediate neighbours.

Building regulations are still a requirement and documentation to support this is needed for a property transaction.

Infrastructure & Energy For anyone buying a new property, they will want to know if any major projects are planned nearby – from major infrastructure changes such as HS2, Crossrail or highways, through to new energy developments, such as a solar farm, wind turbines, or fracking designations.

The Planning Act 2008 was brought about to help speed up the planning process for infrastructure projects that

www.worcestershirelawsociety.com

are deemed of national importance – for example HS2. Here no planning is needed.

The aim is to streamline the number of consents required with the final decision taken by the Secretary of State.

Planning Due Diligence Undertaking LLC1 searches LLC1 and the Con29R will provide a host of information, including Planning and Building Regulation decision, S 106 Agreements & CILs, Road Adoption, some road and traffic scheme information, any statutory notices, enforcement, conservation and compulsory Purchase information. In the majority of cases however the information is property specific, but doesn’t include any location specific information.

Reports such as Plansearch Plus, or RiskView Residential with Plansearch included, provide the additional insight required to cover all areas mentioned above.

For example, a transaction of a property in Hollingworth, Hyde, highlighted some planning risks that were not immediately apparent when the clients viewed it with the estate agent.

The couple liked the fact it enjoys the use of a football pitch opposite the property, and also the far-reaching views over the Peak District beyond. Plansearch Plus revealed there were seven planning applications within 250m of the building, one of which was to redevelop the open ground for 38 new build properties, which would impede the outlook from the home.

This application had the potential to cause significant impact on use, enjoyment and value of the property and further investigation was needed. Without this additional due diligence, these details may not have come to fruition until it was too late for the clients to make a judgement call.

Ultimately, forearmed is forewarned and by providing clients with access to planning insights, upfront, it could save a lot of potential heartache, while demonstrating that full and thorough due diligence has taken place, leaving no stone left unturned. www.landmark.co.uk/landmark-legal

Book Review Schemes of Arrangement in Corporate Restructuring. Second Edition

By Christian Pilkington ISBN: 978 0 41405 695 4

detail throughout this new edition, which includes leading cases in this area that have emerged since the previous edition of 2013. Then there are new chapters on different areas of law relating to schemes of arrangement, including those pertaining to listed companies, tax, capital markets, bond restructurings and more.

SWEET & MAXWELL/THOMSON REUTERS www.sweetandmaxwell.co.uk A DEFINITIVE TEXT ON CORPORATE RESTRUCTURING – NOW IN A NEW EDITION FROM SWEET & MAXWELL An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister” Commercial lawyers will welcome the recent publication

by Sweet & Maxwell of a new second edition of this highly regarded text on corporate restructuring, a process often seen as one of the most sensible solutions available to those dealing with the problems of corporate debt.

Commonly called a ‘scheme’, (which refers to an English law scheme of arrangement) corporate restructuring is, in the words of author Christian Pilkington, “an established tool of choice for those engaged in complex financial restructuring”, especially in situations where creditors are cutting up rough, raising the roof, or being awkward, argumentative and impossible -- and therefore unable to reach a consensus as to the way forward.

It seems that since the economic downturn (which means disastrous economic crash) of 2008, corporate restructuring has been more commonly used, says Pilkington, not only for UK-based corporate entities, but also for those from overseas, provided they have the required ‘sufficient connection’ with England and/or Wales.

As the author further explains, such schemes have come to be generally regarded as more ‘user friendly’ and more efficient than local law alternatives. There is apparently a statistic which shows that in 2016 over 75% of scheme applicants were foreign companies which met the usual requirements.

But there are complications that arise here, primarily increased and more rigorous scrutiny by the courts on supporting evidence, for example, and other issues such as the identities of creditors The biggest complication of all is Britain’s planned exit from the European Union (“Brexit”), which puts into question the recognition of English schemes of arrangement by EU member states when hitherto, such schemes were automatically recognized and enforced.

These and a host of other related issues are discussed in

32

www.worcestershirelawsociety.com

There is a new feature too, in the form of a further annex (in addition to the eight other annexes) which provides in tabular form a comparison of schemes across seven other jurisdictions. One is reminded here that in terms of procedure, a scheme of arrangement in the UK equates to Chapter 11 of the Bankruptcy Code in the United States of America. At the front of the book, there is a tabular summary containing a six-page listing of big corporates, many of them overseas, which in recent years have undergone pre- and post-restructuring debt.

Written with clarity, authority and style, this is a navigable, information-rich and easy to use work of reference on an often vexed and complicated subject. It should be considered a must-have purchase for every practitioner involved in this area of corporate law.

The law is stated as at 31 May 2017.

FINDING YOUR VOICE IN TODAY’S DIGITAL AN D P R INT M E D IA

East Park Communications Maritime House, Balls Road, Birkenhead, Wirral CH43 5RE www.eastparkcommunications.co.uk

A W

ithin the UK there is a large amount of money that remains

In December

www.worcestershirelawsociety.com

33

Catch-all solution to in-house staffing problems: outsourcing!

By Julian Bryan, Managing Director, Quill

E

very employer knows that, at some point in their life, employees will be absent and depart their place of work.

Such matters are not always possible to predict. That’s the main reason for the immense popularity of outsourced cashiering services as a more reliable alternative to in-house staff.

Businesses have a real fight on their hands when they’re understaffed because it’s unfair to expect other people to share their absent colleagues’ additional workload.

The same argument applies when staff are departing. It’s a similarly tough challenge allocating sufficient time to the recruitment process. On top of pre-existing responsibilities, adequate attention should be given to the advertising, shortlisting, interviewing, selection and initiation processes. This is too tall an order for most companies.

The preferred way to man a business is outsourcing. With this type of set up, staffing is constant. Typically, firms will be allocated a named cashier. Just like anyone else in employment, there will be occasions when this cashier’s off work.

Unlike a traditional set up, however, an assigned deputy will pick up the workload until the cashier’s return. It’s seamless. No service interruption. Ever.

Here we’re going to address some of the causes of absent and departing cashiers to demonstrate exactly what employers can find themselves up against…

1. Cashier retiring?

The combination of an increased life expectancy and government-introduced austerity measures mean that the state pension retirement age is now 67. In theory, while this is good news for employers, who get to keep valued employees for longer, in reality it’s actually possible to retire on a state pension as soon as age 55.

It’s new pension reforms that are enabling people to build up bigger pension pots thereby giving them greater freedom to retire early.

2. Cashier resigning?

Retirement aside, there are multiple other causes of employees to quit their jobs in order to progress their career elsewhere.

Staff turnover is a real issue for today’s employers, and a talent management strategy and succession planning are essential elements of a senior leadership team’s toolkit.

34

3. Cashier on holiday?

Holiday entitlements are typically around the 25-day mark of paid annual leave each year, often escalating with length of service. While holidaying employees don’t cause a notable problem for much of the year, there are peak holiday periods when it does, school summer months and Christmas amongst them.

During these times, organisations are stripped right back to a core staffing structure. While staffing problems will be magnified in holiday season, all employers have to accept that staff members will request days off work in order to spend time with family and friends, most likely at the same time as other colleagues.

4. Cashier on sick leave?

One thing that simply can’t be planned is sickness. Sometimes people do know in advance about scheduled operations or medical procedures that necessitate time off work. Largely not, though. The wide spectrum of illnesses has minor complaints and infections at one end to serious diseases and disorders at the other.

Current reports estimate sick leave costs UK employers £29 billion a year in lost productivity, a figure predicted to maintain an upward trend because of factors such as an ageing workforce and rising mental health problems.

5. Cashier on maternity leave?

Statutory maternity leave entitlements are up to 52 weeks, the first 26 weeks being ‘ordinary maternity leave’ and the last 26 weeks being ‘additional maternity leave’. There are also fathers’ rights to bear in mind with paternity and shared parental leave obligations. It’s 2 weeks’ leave for the former, and up to 52 weeks’ leave between mother and father for the latter.

6. Cashier going part time?

The need to switch from full to part time working can be driven by many things including family commitments and health concerns. For employers, job sharing isn’t always the most desirable solution.

Recruiting two part timers can be more costly than one full timer. There may not be enough workload to warrant appointing a part timer and full timer simultaneously.

It’s a dilemma and one that’s aggravated by complicated employment legislation.

I could go on and on… jury service, study leave, dependant leave, career breaks etc.

www.worcestershirelawsociety.com

The key message being the plethora of motives that exist, resulting in a deficient staffing structure and making it difficult to run a business efficiently.

What may be surprising to learn is that, although these are tricky to remedy with in-house solutions, they’re really easily solved with outsourced service support.

Outsourcing can be instructed in all manner of ways. By and large, outsourcing is a permanent, full time arrangement.

Less frequently, but no less effective, outsourcing is a temporary resource engineered ad hoc to help companies through what may be a slight rough patch or critical emergency situation.

Outsourcing providers operate in similar ways with subtle differences in cashier allocation, cashier-firm interaction, software utilised and so forth. As a Quill client, you have a named cashier and deputy for the duration of your cover period. Our cashiers use our own legal accounting software, Interactive, and its echits functionality is the tool that closely connects your firm with its Quill cashier.

The biggest claim any outsourcing supplier can make, Quill included, is that we’re always available. Even if any Quill cashiers retire, resign, go on holiday, get sick, take parental leave or switch to a part time contract, there’s zero impact on you, the end user of our outsourced cashiering service. That’s because your deputy will cover instead and / or you’ll simply be assigned another cashier for longer term agreements.

To you, this means no more short staffing worries. Instead you’ve got continuous cashier support, whatever your unique circumstances and however your requirements might alter over time.

To find out more on Quill’s Pinpoint outsourced legal cashiering service, visit www.quill.co.uk/quillit, email info@quill. co.uk or call 0161 236 2910.

Julian Bryan joined Quill 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 40 years’ experience supplying outsourcing services and software to the legal profession.