The Pears issue 29 - Autumn 2018

Issue 29 Autumn 2018

Kili Billies conquer Kilimanjaro!

Story on page 16

ALSO: Women in Leadership & Law • Are you planning to take on an employee for the first time? • Law Society Council Report • What is the dispute really about? and much more...

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Issue 29 Autumn 2018

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Committee Members and Member Firms

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Harrison Clark Rickerbys News

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President’s Introduction

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The Kili Billies Conquer Kilimanjaro!

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mfg / Pearson Rowe merger

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Taking on employees for the first time

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The power & benefits of Hypnotism

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Law Society Council Report

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Women in leadership in Law

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A time and a place for free wills?

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Landowners and Option Agreements

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Parents warned on Tax Liability gifts to children

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Thursfields finalist in Family Law Awards

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Keeping parents together with their children

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Thursfields’ Healthcare Sector Team

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What is the dispute REALLY about?

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Thursfields trio’s 50km walking challenge

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EWI Conference 2018

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HCR named best legal advisor to education institutions

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Quill's investment in interactive documents

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Autumn 2018

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Committee Members

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

Patricia Beeching President Family Law Consultant, Hallmark Hulme Solicitors.

Law Society Council Member for the Welsh Marches.

Pat.Beeching@hallmarkhulme.co.uk

Priya Tromans Treasurer

James Osborne Vice President Harrison Clark Rickerbys josborne@hcrlaw.com

Laura Bligh Admin and Events Headturner Search laura@headturnersearch.co.uk

Lisa Kemp Thursfields lkemp@thursfields.co.uk

Alex Phillips Secretary mfg Solicitors LLP alexandra.phillips@mfgsolicitors.com

Andrew Chandler Editor of Pears mfg Solicitors LLP andrew.chandler@mfgsolicitors.com

Hailey Nip Harrison Clark Rickerbys hnip@hcrlaw.com

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

Lara Wilkinson Russell & Co Solicitors lwilkinson@russell-law.co.uk

Robin Appleyard Silverback Law robin.appleyard@silverbacklaw.co.uk

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

Simon Hocking Silverback Law simon.hocking@silverbacklaw.co.uk

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

Rebecca Rogers mfg Solicitors LLP rebecca.rogers@mfgsolicitors.com

Worcestershire Junior Lawyer Division JLD George Charteris Treasurer George.charteris@hallmarkhulme.co.uk

Ellie Day Social Secretary ellie.day@mfgsolicitors.com

Charlotte Perry Vice Chair cperry@thursfields.co.uk

Rachael Wheeler National JLD rep rwheeler@hcrlaw.com

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

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

Jessica McSorley Social Secretary jessica.mcsorley@mfgsolicitors.com

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

Hailey Nip Chair hnip@hcrlaw.com

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President’s Introduction One of the pleasures of being President of the Worcestershire Law Society is enjoying the hospitality of fellow professionals. On Thursday, 4th October I was honoured to attend the Bicentenary Gala of the Birmingham Law Society at the kind invitation of their President, James Turner. The event, at the ICC, was a glittering occasion, with a host of distinguished guests, including the Vice President of the Law Society, Simon Davis, and compere Rory Bremner.

The dinner served was an interesting riff on aspects of Birmingham’s culture and history created specially by Michelin-starred local chef, Glyn Purnell. Your President took away some lessons for our own Annual Awards Dinner next year (although aerial acrobats might be a step too far). At present your Committee are finalising date and venue for the event, about which more anon.

Invitations will shortly be going out for nominations for our Awards. I can confirm that the shortlisting and interview process for the Awards is both transparent and rigorous. No-one should be deterred from putting names forward by the thought that only the larger firms or those with Committee members have a natural advantage. We want to see as broad a range of candidates as possible. Do please consider the categories carefully. There is bound to be an unsung hero in your firm who deserves recognition and, at very least, a good night out.

Patricia Beeching, President

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News News News News News News

The power (and benefits) of hypnotism Birmingham expansion for mfg Solicitors as merger deal is sealed Law firm mfg Solicitors has expanded into Birmingham after announcing it has concluded a deal to merge with an historic city legal practice. mfg, which has five offices across Worcestershire and Shropshire, has merged with Pearson Rowe, a two-partner firm which employs 13 staff at its offices in St Paul’s Square.

Specialising in a variety of legal services, Pearson Rowe was originally founded on Colmore Row in 1918 by Geoffrey Pearson, with the firm marking its 100th anniversary this year.

Pearson Rowe’s St Paul’s Square base will now become a key regional office for mfg, adding to the award-winning firm’s 35 partners and 151 employees.

Suzanne Lee, partner and managing director of mfg Solicitors said: “We have continued to grow both organically and commercially over recent years and have been carefully focusing on the best and correct strategic opportunity in Birmingham for some time.

“To gain a foothold in Birmingham’s thriving legal market through a merger with such a respected city law firm is therefore perfect for us. Pearson Rowe has

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a first-rate team of people and is known for the quality and depth of its advice.

“We feel we complement each other perfectly and our existing team of experts will add superb value to Pearson Rowe’s clients as they merge into mfg. It is another exciting chapter in our success story and we are delighted to be launching the mfg brand into the second city.”

Brian Flint, partner at Pearson Rowe added: “As a firm, mfg Solicitors has a hugely talented group of lawyers who are making an impact across all areas of private and commercial law.

“To be part of mfg is a big milestone for us as we mark our 100th year as a firm. More than anything, the merger will see us delivering a far greater breadth of advice for clients in and around Birmingham.”

This comes five years since mfg merged with Ludlow firm Phillips & Co in June 2013. That merger was followed in September 2013 with mfg expanding its presence in Bromsgrove by merging with Scotts Holt & Sellars. mfg Solicitors has five main offices across the West Midlands. Their head office is at Adam House, Kidderminster, with other offices in Worcester, Bromsgrove, Telford and Ludlow.

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On Wednesday 10th October a select few gathered in the upper room of The Hand in Glove in College Street to hear a presentation by Steve Woods, Executive Hypnotist and Director of Experiential Hypnotherapy Ltd. Those who expressed interest in the meeting but then had second thoughts missed a treat.

There was no showmanship or trickery but instead a very professional explanation of the benefits of deep relaxation in removing blocks to performance and achievement of goals, whether in business, sport, personal life or even weight loss, and, above all, in defusing stress.

Steve’s client list is impressive, including the BMA, West Mercia Police and Acorns hospice, demonstrating that hypnotism is

now regarded as a serious tool in managing the pressures of modern life and, for employers, helping staff to achieve a healthy, well-balanced lifestyle.

Four willing volunteers (including your President and Vice President) agreed to try deep relaxation. It is a testament to Steve’s skill that, even with the noise of rush hour traffic in College Street and the notinfrequent sirens of emergency vehicles, tranquillity was achieved.

For those who did not take part, the Hand in Glove’s excellent cocktails provided refreshment.

Members interested in learning more about hypnotism and the very varied range of ways in which Steve offers his services should visit the website www. executivehypnotist.com or email: steve.woods@executivehypnotist. com for more information.

News News News News News News Women in Leadership in Law

The ladies of the Worcester round table

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hen the new President of the Law Society, Christina Blacklaws, announced this as a project for her presidential year, there was a measure of scepticism as to the relevance of gender issues in the modern legal profession. Die-hard feminists of an older generation who had encountered and fought through some of the worst sexist attitudes of the 70s and 80s declared that the battle was won.

Nowadays, women were seen as equals and there was really nothing we needed to talk about. I must confess, I was one of those. My generation could swap entertaining anecdotes about some of the comments and behaviours of our male colleagues as we climbed the career ladder, but surely all that nonsense was a thing of the past?

My eyes were opened when I attended one of the first Women in Leadership in Law round table meetings in Chancery Lane. Held under Chatham House rules, senior women lawyers from a number of well-regarded firms and institutions

began, tentatively at first, to share their experiences of the subtle way in which principles of equal treatment, to which their employers and partners were ostensibly committed, were subtly undermined by day to day actions. Although such actions might be in themselves apparently quite trivial, they were nonetheless wearing and destructive of the confidence and self-regard of those on the receiving end.

I realised how lucky I had been with the people I had worked with.

invited to consider: unconscious bias, the gender pay gap, flexible working and barriers to women reaching leadership positions.

Those attending that first meeting were then tasked with hosting round table meetings in their local areas. The Worcester Law Society kindly sponsored the meeting I held at the Guesten, Worcester Cathedral, on 21st August.

The women who attended represented diverse backgrounds and all stages of a legal career, from just having signed a training contract to recently-retired. The meeting was convivial, informative and, at times, alarming. Over a splendid lunch provided by Cathedral staff, discussion ranged widely over the topics we were

More than the target of 100 round tables have now taken place and invitations are currently going out to men invited to join the project and to take part in round table meetings of their own. If you happen to receive an invitation, please do not disregard it. You may be an enlightened employer, colleague and supporter of your female colleagues but, sadly, it appears there are still pockets of resistance to the idea that true equality in the profession exists.

With the assistance of a very able notetaker, the conclusions of the meeting were collated and forwarded to the project coordinators to be included in the research data to be presented at an International Symposium in London on 20-21 June 2019.

Pat Beeching

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News News News News News News Landowners warned of passing point of no return with option agreements

into an option agreement, particularly the potential for higher purchase prices that they might otherwise achieve.

Worcestershire landowners who are considering granting developers the option to buy their property in return for a fee are being warned there is “no turning back”.

“However, signing that deal is the point of no return. Ultimately if the purchaser then wants to go ahead, the land has to be sold.

Agricultural affairs expert Tom Bell, from county firm mfg Solicitors, said farmers and other rural landowners need to be sure they want to sell and that the proposed agreement meets with their individual needs before signing option agreements with potential purchasers.

Option agreements typically involve developers giving a nonrefundable sum to an owner in return for a legally-binding option to buy the land within a certain period or when certain conditions are met, such as planning permission being granted for new homes.

Mr Bell, this year’s Worcestershire Law Society’s Junior Solicitor of the Year, said landowners need to carefully consider what it is they are agreeing to before signing the deal.

He said: “There are lots of good reasons for a landowner to enter

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“It is therefore essential that clear and comprehensive heads of terms are agreed between the parties and their solicitors and agents at an initial stage.

“Landowners will need expert and considered advice on everything from how the purchase price is to be calculated, to clearly showing the land and boundaries on plans. They’ll need to know the exact circumstances under which the option can be triggered, so they can get on with using the land for day to day business until such a day as that might occur.

“Failure to do so can potentially have a significant financial and legal impact on landowners.”

For advice, readers can email tom.bell@mfgsolicitors.com or call 0845 55 55 321.

Tom Bell is part of the award-winning Agricultural and Rural Affairs team at mfg Solicitors. The department is led by partner, Iain Morrison.

News News News News News News Thursfields named as finalist in Family Law Awards for second year running

a success largely based on the team’s skilled and cohesive approach.”

The awards – sponsored by Lexis Nexis, the legal research and intelligence group – will be presented at a glittering ceremony following a black-tie dinner at The Ballroom, South Bank in London on 28 November.

Shane Miller

Thursfields Solicitors has been shortlisted for a top award in the national Family Law Awards 2018.

The shortlisting comes just weeks after Thursfields Solicitors was named as a finalist in the Excellence in Learning and Development category of The Law Society’s Excellence Awards 2018.

Thursfields’ Healthcare Sector Team receives record number of M&A instructions

It reflects great achievements at Thursfields which has increased turnover by 20 per cent in the last financial year, while the growing Family Law department achieved 23 per cent growth in the last financial year.”

Thursfields’ Family Law department is also actively involved in charity work, with the team last year working together to help to restore an unused garden area for residents at The Mary Stevens Hospice, in Stourbridge.

Shane added: “To have been shortlisted for the second consecutive year reinforces Thursfields’ Family Law department’s position as one of the leading advisers in the Worcestershire and West Midlands area,

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Our aim is the same as yours – to achieve the outcome you are seeking by applying our sector knowledge and commercial focus. We also have the scale and resources to achieve the best possible result.”

Thursfields had a record number of accolades bestowed in the legal trade directory Legal 500 in 2017 across areas of the law including corporate and commercial, commercial litigation, insolvency and corporate recovery, employment, personal injury, charities and not-for-profit, contentious trusts and probate, family, personal tax, trusts and probate, commercial property and property litigation.

Shane Miller, head of Thursfields’ Family Law department, said: “We’re thrilled to have been named as finalists in the 2018 Family Law Awards.

The 2017 edition of the Legal 500 recommended the department as “one of the best legal practices in the area of family law”, with three of its solicitors also named as “next generation lawyers”.

Tim Edwards said: “Whether you are making an acquisition or seeking to make a disposal of a business, we are able to offer practical and pragmatic solutions to your legal issues.

Thursfields’ commercial services team is increasingly recognised by its legal peers.

The Family Law department is a finalist in the “Family Law Firm of the Year” category for the Midlands region for the second year running.

The Family Law department has grown by more than a third in the last year, adding new solicitors, a legal executive, a trainee and an apprentice.

with colleagues such as Stewart Coles in our Birmingham office who advises on commercial property issues and Lisa Kemp in Worcester providing expert advice on all employment and HR matters.”

Tim Edwards

In the last 12 months, Thursfields’ Healthcare Sector Team, led by Tim Edwards, Senior Associate in the Corporate & Commercial Team, has been instructed on 16 M&A transactions with a total deal value of over £44 million.

Tim Edwards said: “The message is clear. If you are buying or selling businesses in the West Midlands, Thursfields is well placed to handle all related legal matters on your behalf, providing pragmatic and commercial advice and always with the end game in mind.”

Over £1,000 raised in charity netball tournament

Around 70% of the deals involved acting on acquisition and disposal of care homes, with the balance comprising of veterinary practice and dental lab deals.

Tim Edwards said: “The sector is extremely buoyant at the moment and we are very pleased to have been asked to provide our professional expertise in this area.

Clients place their confidence in us because we can offer a seamless service,

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Thursfields Solicitors has helped to raise more than £1,100 for charity after jointly

News News News News News News organising a netball tournament in memory of a well-known local player.

More than 70 people competed in seven mixed teams in the event at Stourport Sports Club in September. The tournament was motivated by Becky Giddins, a talented sportswoman and founding member of Worcester Netball Club, who died aged just 34 in 2016 after fighting a long battle with skin cancer.

Once proceeds from a charity raffle were added, a total of £1,141 was raised from the day and this will be donated to the Queen Elizabeth Hospital Charities’ ‘Fighting Skin Cancer Appeal’.

Lucky Bassi, a property litigation solicitor at Thursfields’ Kidderminster office, jointly organised the event with Siobhan Record of Cre8 Wealth Management.

Lucky said: “Everyone had a great time and enjoyed not only the exercise and competition but also raising such a lot of money for a great cause in memory of Becky Giddins.”

Mike Hammond, chief executive of the Queen Elizabeth Hospital Charity, said: “We’re really grateful to Thursfields Solicitors and Cre8 Wealth Management for organising such a great event. The money raised will go towards helping patients with skin cancer and raising awareness of this disease.”

The charity netball tournament was won by a team from Dains Accountants.

Thursfields trio’s 50km walking challenge to raise £1,000 for local hospice A trio from Thursfields Solicitors took on a challenge to march 50km in a single day to raise more than £1,000 for a Worcestershire hospice.

Trainee solicitors Nicola Pearce and Katie Morris, from Thursfields’ Kidderminster office, and legal assistant May Patel, from the company’s Solihull office, entered the Thames Path Challenge for St Richard’s Hospice in Worcester.

Both Nicola and May completed the walk

Katie Morris, May Patel and Nicola Pearce on Saturday 8 September, although Katie had to pull out on the advice of medics after falling ill during the day. Despite this, the trio have raised more than £1,000.

Nicola said: “The walk stretched from Runnymede near Windsor to Henley-onThames in Oxfordshire – the equivalent of walking from Thursfields’ offices in Kidderminster to Solihull.

for our Build 2020 Appeal.

Every penny raised is going directly towards the appeal, helping us build a bigger hospice to care for more patients and loved ones. We truly appreciate this amazing effort by the Thursfields’ team”.

It was exhausting but really fulfilling and we have been thrilled at all the messages of support from friends, family and colleagues.

We want to thank everyone for their generous donations which will go towards building even better facilities at St Richard’s Hospice, which plays such an important role in the local community.”

The money raised will go towards the hospice’s Build 2020 appeal for the final £1.4m needed to build a bigger hospice, enabling more patients and families to be cared for. The total cost for redeveloping the existing building in Wildwood Drive, Worcester, is £5.3m.

Tricia Cavell, fundraising director at St Richard’s Hospice, said: “Nicola, Katie and May did an incredible job taking on the 50km challenge and have raised a fantastic amount

On Wednesday 17th October mfg supported the Birmingham University of Law Careers Fair. Pictured above are newly qualified Jack Morley and Trainee Jessica Moore.

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News News News News News News The arrival of two new partners has boosted the commercial team across Harrison Clark Rickerbys’ offices, attracting top talent from the Midlands and beyond.

Specialist technology lawyer Charles Drayson, based in Worcester, brings more than 25 years’ experience working with IT and software firms to the team – he said: “Because my experience of IT ranges from programming in the 80s to the latest developments in commercial use now, clients can talk to me about complex projects without needing to explain everything.”

Working largely with software and service providers who sell business-tobusiness, Charles has also worked inhouse, so has plenty of experience of negotiating within the sector.

Education lawyers win major national award

Harrison Clark Rickerbys’ education team has been named best legal advisor to education institutions against strong competition at the prestigious EducationInvestor Awards in London.

The awards, which recognise outstanding contributions to the education sector, bring together the leading companies in the sector and are highly coveted – they were presented at a dinner at the Hilton, Park Lane, on Wednesday.

In making the award, the judges made it clear that the “powerful testimonials made Harrison Clark Rickerbys truly stand out from the crowd”, and that their “passion for education shines through.”

The team, led by partner and Head of Education Kristine Scott, focuses solely on education and includes specialists in corporate, charities, commercial, employment, immigration, real estate and regulatory law.

Kristine Scott said; “This award recognises the fact that we deliver great work every day, getting to the heart of a client’s needs and developing innovative solutions which support their needs. I am, delighted that the team’s dedication and exceptional expertise has been acknowledged in this way.”

Harrison Clark Rickerbys has 470 staff and partners based at offices in Cheltenham, Worcester, Birmingham, Hereford, the Wye Valley, the Thames Valley, Cambridge and central London, who provide a complete spectrum of legal services to both business and private clients, regionally, nationally and internationally.

New partners boost strong commercial team

Based in Cheltenham but working nationally and internationally, it has strong links with the Independent Schools’ Bursars Association and offers particular expertise to independent schools, as well as supporting academy trusts and working with both further and higher education bodies.

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Leading education sector expert Emma Swann, who will be based in the Wye Valley office, is a member of the Department for Education’s academies working group and has led on more than 140 academy conversions. She has advised Diocesan Boards of Education and worked with many multi-academy trusts (MATs) on constitutional matters, advising on a wide range of issues including governance, exclusions, parental complaints and safeguarding.

She said: “I’m looking forward to building up the commercial team in the Wye Valley office but also to working on academies and with the wider education sector across the firm.”

Robert Capper, head of the commercial team and head of sectors for Harrison Clark Rickerbys, said: “Emma and Charles are great additions to our team and will support our development across the firm – they both work in fields where there is real potential for growth and have established reputations for excellence.”

Harrison Clark Rickerbys has 470 staff and partners based at offices in Worcester, Cheltenham, Birmingham, Hereford, the Wye Valley, the Thames Valley, Cambridge and central London, who provide a complete spectrum of legal services to both business and private clients, regionally and nationwide. The firm also has a number of highly successful

News News News News News News teams specialising in individual market sectors, including health and social care, education, advanced manufacturing, agricultural and rural affairs, defence, security and the forces, and construction.

Safe from harm, for children and victims of domestic abuse

Keeping children and victims of domestic abuse safe from harm is the aim of a new team within Harrison Clark Rickerbys.

The team, led by Mat Waddington, who specialises in law relating to children, draws on the specialist expertise of Victoria Pratt, an expert in supporting the victims of abuse, as well as the firm’s family law partners and teams across the region.

Mat and Victoria and their colleagues, supported by partners and senior staff across the firm’s family law teams in Worcester, Hereford, Cheltenham, and the Wye Valley, will take referrals from CAFCASS, the service which supports children through the court system, as well as from individuals who need help.

care and supervision orders; the domestic abuse work includes getting injunctions including non-molestation and occupation orders.

Mat explained that the team can act either for the children or for parents or family members – he said: “A local authority’s wishes for a child are not necessarily the same as what really is best for the child and that child should have the right representation. Parents or grandparents who want to keep the child in the family, but safe, also have the same right, so on other occasions, we can act for them. The central factor is the safety and wellbeing of the child concerned.”

Victoria, who is an expert in domestic abuse, said: “Abuse can be psychological, physical, sexual, financial or emotional; it can control and limit someone’s life as well as causing them physical harm.

I detest bullying and violence and am passionate about protecting anyone who has been the victim of domestic abuse.”

Keeping Warriors at the heart of Worcester

Keeping Warriors at the heart of Worcester was central to the sale of the club to its new owners, according to Alison Scott, who led on the deal for Harrison Clark Rickerbys.

Partner and corporate lawyer Alison said: “It was vital that we found the right kind of buyer because Warriors is such a central part of the city’s life. It was very important to the club that it could stay at Sixways, where

businesses have grown up around it, and that staff and fans were reassured about its future.

“Every deal is different and in this case, the fact is that the stakeholders encompass so many different groups of people – fans, staff, players, residents, all the business in the supply chain; the list is a long one. We were delighted to have brought it all to a successful conclusion and we look forward to seeing the club flourish under its new owners.”

The consortium which has bought the club brings together finance specialist Errol Pope, Jed McCrory and Scott Priestnall, along with former Saracens and Sale flanker David Seymour. They take the club on from former owners Sixways Holdings Ltd. Bill Bolsover, Warriors chairman, said: “Working with Alison and her team was rewarding because throughout the inevitable challenges associated with a deal of this kind, they stayed focused on doing a deal which gave all our stakeholders the best outcome possible both for now and into the future. They are a pleasure to work with and I would recommend the Harrison Clark Rickerbys corporate team without hesitation.

“We’ve worked with the firm for some years and they always demonstrate attention to detail and professionalism.

Alison and Mandip Riar understand our ethos and the most important elements of the sale, and have been a central part of our team. We’re looking forward to taking the club to the next level.”

They are taking on legally-aided public law work – this includes cases where local authorities become involved with families and want to remove a child from their family to keep them safe, as well as cases of domestic violence, where victims need to get court orders to keep abusers away from them.

Mat explained: “We see this as a natural extension of our family law work; we have all, sadly, come across instances of abuse, and our new focus will mean that we can respond rapidly and really effectively to support those who are the most vulnerable.

The work involving children includes

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Kilimanjaro with Miranda (a medical student from Oxford), Kat (a law student from Oxford) and Simona, M and Carlo (doctors from Italy).

So we were basically a team of lawyers and doctors climbing a mountain. It sounds like the start of a really bad joke!

Arrival at Kilimanjaro National Park and The Climb: We woke up bright and early on day 1 and provided with our delightfully bright orange Kandoo hats before setting off for the Machame Gate. On arrival at Kilimanjaro National Park we were told by the guides that they needed to go and pay for “the Buck’s Fizz”. At this point I was a little confused. Sending us off up a mountain after a glass of fizz might not be the best idea.

It was only when Priya and I were overheard discussing the prospect of Buck’s Fizz that we were reliably informed that the guides had gone to pay the park fees.

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n Monday 27th August 2018 at approximately 6am a group of 4 of us including two ex-Presidents of Worcestershire Law Society (Priya Tromans (St Ives Chambers) and me (mfg Solicitors LLP)) successfully summited the tallest freestanding mountain in the world, Mount Kilimanjaro.

After 5 gruelling days of hiking, climbing and scrambling coupled with 5 nights of restless sleep in tents we began the summit attempt at 11pm in the pitch dark and walked for 7 hours in the bitter cold – minus 18 – wearing 13 layers of clothing and with only a head torch to see where we were stepping on Kilimanjaro’s steep summit face.

Here is our story!

drove us into town, along with a couple from New Zealand who were also climbing Kilimanjaro, to meet our lead guide Filbert.

My first impression of Filbert was of a tall but extremely slight young man, with a quiet persona, who definitely would not be able to carry me up the mountain if I needed him to! I was to be proved very wrong by this first impression as whilst Filbert may not have physically carried us up the mountain, without a doubt he mentally did.

Briefing before the climb and health checks: After exploring what Moshi had to offer we returned to our hotel to meet the rest of our team. We discovered that we would be climbing

Arriving in Tanzania: We arrived in Tanzania at Kilimanjaro Airport after nearly 24 hours of travelling and feeling rather worse for wear, but extremely excited.

Just as we began our descent into Kilimanjaro Airport I experienced a moment of what can only described as pure terror and realisation of the mammoth task ahead of us when Priya kindly pointed out that despite being in a plane we were lower than the summit of Kilimanjaro.

Meeting our lead guide and the extended team Kili-Billies members: After a good night’s sleep (and possibly a Serengeti lager or two to aid the good night’s sleep) we awoke refreshed and ready to explore Moshi. Kandoo Adventures (our tour operator)

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It was in this very moment that the realisation that we were a long way from home hit us.

For the next 5 days we walked, scrambled and, at times felt like crawling, approximately 60km averaging 5 to 7 hours most days with a mammoth 16 hours on summit day.

Throughout the climb we suffered from headaches, nausea and a complete loss of appetite after day 3, all classic symptoms of altitude/mountain sickness. Whilst every day was harder than the previous, particularly the day we had to scale the Barranco Wall – a sheer rock face – with no ropes, we pulled together as a team and supported each other enormously. I can honestly say I would not have made it to the summit had it not been for the extended team Kili-Billies.

Some particularly memorable highlights included day 1’s beautiful route winding gently, and only slightly uphill, through the imposing Kilimanjaro rainforest which gently opens up as you near Machame Camp.

Day 2 was particularly memorable for our arrival at camp, after what was the steepest and hardest day’s climbing apart from summit night, we were met by our incredible porters with a warm drink and popcorn. The guides then introduced us to each porter one at a time and explained their vital roles, from cooking to carrying the toilet, in getting us up that mountain. The entire team of guides and porters then proceeded to perform a traditional “welcome to the mountain” dance and song, which after a hard day dramatically lifted our spirits (and a few tears).

Our summit to the Lava Towers was particularly challenging. This is when we really began to feel the effects of the altitude with members of the Kili-Billies team enduring snowy conditions up an extremely steep part of the mountain whilst also battling severe mountain sickness.

The next day I faced my own personal nemesis, the Barranco Wall. This is the only time (other than summit night) that I cried on the climb out of real and overwhelming fear.

Reaching to top of the wall felt like an incredible achievement all on its own.

After this the landscape is more volcanic and space-like. It is what I imagine the moon would look like: devoid of life and honestly quite intimidating.

Summit Night: By this point of our climb we have walked over steep mountain terrain and scrambled up rock faces for 5 days, all the while sleeping for a maximum of 4 or 5 hours a night. Our guides put us to bed at 6.30pm and after tossing and turning with nervous anticipation for hours our alarms went off at 10pm giving us enough time to force down a quick breakfast and add the 13+

layers of clothing that we would need to wear in order to make it to the top safely.

Approximately 3 to 4 hours into the summit climb doubt really began to settle in. By this point every bone in your body hurts and the temperature has dropped to minus 18 degrees Celsius meaning that, despite wearing two pairs of thermal gloves you can no longer feel your fingers (or grip your walking poles!) and the minute you stop walking your teeth begin chattering so much that you cannot hold a conversation. The danger at this point is that if your core body temperature drops too much you will literally not be able to continue – we had to keep moving!

It is at this point that the climb got really steep and altitude sickness began to really affect us.

Members of the team suffered from nausea, breathing difficulties and blindness.

It was purely our mental determination not to let our friends and family and the charity down and the amazing support of our guides, porters and the other Kili-Billies members that got us to the top that night.

The view from the top was quite simply out of this world. Team Kili-Billies member Claire put this well when she said it felt like we should not be there.

The utter euphoria of getting to the top made the whole summit night experience well worth it.

Waking up on day 7 was like a dream come true – today we can have a shower!

On behalf of the Kili-Billies team we are so delighted that we were able to experience this amazing adventure to help build a new maternity bereavement suite at Worcestershire Royal Hospital and we would like to say a huge thank to all the Pears readers for your support and donations.

Alexandra Phillips

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Are you planning to take on an employee for the first time?

T

he continuing rise of start-ups and small businesses brings into focus the question of employing employees and this can often seem daunting for firsttime employers. The process can be made much more manageable if a careful checklist is prepared and some prior thought and attention is paid to the terms on which the employee is recruited. Here is a handy guide 12-point guide for the first time employer: 1. Register with HM Revenue and Customs. You can register online: www. gov.uk/register-employer 2. Check that the prospective employee has the legal right to work in the UK. By carrying out 'right to work' checks before employment starts. This should now be done as a matter of course for any employee because an employer could face a civil penalty if it fails to do so and as a result employs an illegal worker. For information on the documents that are sufficient to prove the right to work in the UK, and how to go about making the checks correctly, go to: www.gov.uk/government/publications/ right-to-workchecks-employers-guide 3. Apply for a Disclosure and Barring Service check. If employing employees for certain types of work, such as working with children or vulnerable adults: www.gov.uk/government/organisations/disclosure-and-barring-service/about 4. Get employers' liability insurance. And display your insurance certificate as soon as you become an employer. Most employers are required by law to insure against liability for injury or disease to their employees arising out of their employment. The HSE can fine ÂŁ2,500 for every day without proper insurance. See: www.hse. gov.uk/pubns/hse40.pdf 5. Undertake a health and safety risk assessment. By considering what, in the individual business, might cause harm to people and decide whether the business is taking reasonable steps to prevent that harm, a business will be able to treat its employees fairly. With five employees or more the risk assessment should be in writing and also draft a health and safety policy. See: www.hse.gov.uk/simple-health-safety/index.htm 6. Pay the data protection fee. For data controllers to the Information Commissioner's Office: ico. org.uk/for-organisations/register/. New Data Protection Regulations are unforgiving, and in the event of breach, any risk assessments in place will be subject to close scrutiny 7. Pay at least the National Minimum Wage. The amount depends on the employee's age and if they are an apprentice: www.gov.uk/nationalminimum-wage 8. Provide a written statement of employment particulars to each employee.

The required information is set out at this link: www.gov.uk/ employmentcontracts-and-conditions/written-statement-of-employmentparticulars.

Certain information can be included in a separate policy which is referred to in the written statement. An employee might be able to claim compensation of two or four weeks' capped pay for breach.

9. Consider what individual tailored terms and conditions are needed for the employee. The requirement for a written statement provides a crucial reminder to consider whether any specific terms would benefit the business.

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Should there be post-termination restrictions on what the employee in the event of his leaving your employment? What about a bonus arrangement, but one in which the employer stays in control of what is paid? These are complex areas where is it wise to consider specialist legal advice.

10. Make policies and procedures available to employees. Such as a health and safety policy, whistleblowing policy (required for certain financial services employers), and data protection policies. There are other policies (e.g., antibribery, equal opportunities etc) which are not legally required by law but may be useful.

11. Put payroll procedures in place and give employees written itemised pay statements with details of the gross and net pay they receive on or before pay day. From April 2019, pay statements must be given to all workers (not just 'employees') and for hourly paid workers must include the number of hours paid.

12. Auto-enrolment. Check if you need automatically to enrol your staff into a workplace pension scheme: Find out here: www.thepensionsregulator.gov. uk/en/ employers/.

Ed Beever, St Philips Chambers

Law Society Council Report

T

he Law Society is the representative body for solicitors in England and Wales.

The Society negotiates on behalf of the profession, lobbies regulators, Government and others and has a public interest role in working for reform of the law Council met in Chancery Lane on 26 September for the first meeting of the 2018-19 season, under the presidency, for the first time, of Christina Blacklaws. Council welcomed several new members attending their first Council meeting following elections earlier in the year. It also congratulated Sara Chandler following her election as chair of the Equality, Diversity and Inclusion Committee.

Christina tweeted a picture of Council from the chamber with the message “Delighted and a little nervous to chair my first council meeting. Your council members give up huge amounts of time to devote themselves to the governance and the policy development of our profession. We don’t see enough of them so here they are! #solicitors #publicinterest” The new president is taking the opportunity to make some changes to how Council conducts its business, with the aim of giving Council more opportunity

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to scan the horizon on behalf of the profession and debate major issues of policy. She is also keen to encourage networking among Council members and between Council members and the staff of the Society as part of the Society’s work to act as one team for the benefit of the members it serves.

Influencing for impact – policy debate and legal interventions Council spent some time ‘in committee’ – with the formal rules of business relaxed to permit a more interactive debate – discussing the Law Society’s policy priorities. Inevitably, Brexit continued to loom large, with a clear view from Council of the dangers of a non-negotiated Brexit and the importance of continuing to press for a negotiated settlement that would ensure the protection of the Law Society’s priorities in the interests of the profession and the public. Council also heard about the Society’s continuing work in terms of events, round tables, briefings and case studies.

A number of successful legal interventions were reported to Council. Firstly, the Law Society’s successful judicial review in relation to changes in the Litigation Graduated Fees Scheme (LGFS) – which would have substantially reduced the ‘cap’ on

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pages of prosecution evidence the reading of which can be charged for – which received widespread coverage. Secondly the Law Society had provided litigation support to the Law Centres Network (LCN) claim for judicial review of the proposed changes to the Housing Possession Court Duty Scheme which would have introduced larger scheme areas and price-competitive tendering. This challenge was also successful, and the matter has been remitted to the Lord Chancellor for re-consideration.

In a third legal success, the Law Society had intervened in the case of ENRC v SFO as part of our ongoing campaign to protect legal professional privilege, and the Court of Appeal’s judgment delivered earlier in September had been favourable.

On the wider policy agenda, Council discussed the Law Society’s role in dealing with regulatory issues including the SRA’s handbook reforms, transparency proposals, the solicitors’ qualifying examination, and the forthcoming changes to the internal governance rules; civil justice including clinical negligence and civil liabilities; access to justice, including legal aid support, the condition of court premises, and the pro

bono charter; technology and innovation in the law, including the role of artificial intelligence in the law, the work of the public policy commission of criminal justice and humans rights, and GDPR and cyber security; and the Law Society’s continuing work on the role of the profession, for example in the context of the UN General Principles, and legal professional privilege. A planned series of policy discussions will follow.

Practice excellence and career companion – supporting the profession Council also had a highly engaged discussion of options for enhancing the Law Society’s offer to the profession in terms of education and learning, including mentoring, career coaching, and personal development. With warm support from Council for the business case for this, the details are now under active development and this is part of the business plan for 2018-19.

Council were also updated on a review of the Society’s Diversity and Inclusion Charter which is currently under way. The Society’s Divisions and a range of stakeholders are already engaged in the review.

Piloting a new approach to the Charter, designed to help firms of

all sizes meet their obligations and tackle diversity within all levels of the profession will begin in 2019.

Promoting the profession The Society’s campaign to promote the profession as honest and honourable, approachable and accessible, experts in their field, client focused, delivering value for clients and adding value to society was also highlighted following an advertising campaign on busses, trains and social media. The campaign features our members. Council were shown some of our latest advertising during their lunch break. You can see more by clicking the “for the public” button on our Law Society homepage.

Ongoing programmes of work include continuing the solicitor brand campaign to promote the benefits to clients of using solicitors; the global legal centre campaign to protect the position of the Law of England and Wales internationally post-Brexit, the Women in Leadership in Law campaign, personally sponsored by the president, which aims to increase gender equality in the profession; and the Society’s work on technology and the law.

It was also noted that the Society has received overwhelmingly positive coverage in the press and broadcast media. Broadcast media coverage has been a priority and has doubled this year. Keeping the Society and our views in the spotlight supports our lobbying and influencing as well as promoting the profession.

Keeping members informed Council heard about the new publication ‘Your professional body – the value of membership’, which sets out the key components of the work we do to promote the profession, influence

for impact, keep members up to date, support practice excellence and support members at every stage of their career. This is available on line and is now sent in hard copy to every new member along with a welcome note from the president. Copies are available from corporatecommunications@ lawsociety.org.uk.

Efficient and effective – planning for the future Council spent time at this meeting considering future plans and budgets for the Law Society, including formal approval of the final budgets for the Law Society and the SRA for 2018-19 following detailed scrutiny by the relevant boards.

The business plan agreed by Council for the Law Society draws on input from the successful Council strategy weekend earlier in the year, setting a number of priorities focused on the efficient and effective delivery of services to our members. This includes planned improvements to the way the Law Society manages and uses data about its members, the creation of an enhanced online experience for our members, streamlining the management of the accreditation process and enhancements to Law Society telephony to make it more flexible and userfriendly. Council also agreed to progress plans to refurbish 113 Chancery Lane and to market 114 Chancery Lane for rental. Refurbishment work will enable more efficient use of the central London premises and create revenue from the vacated building. This will not impact on our member areas such as the Library, Reading Room and newly refurbished 113 Restaurant.

The next meeting of Council is scheduled for 5 December.

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Free wills have a time and place, but it’s not all we need to talk about

By Rob Cope, Director of Remember A Charity

A

t a recent legal sector conference, I was struck by how many lawyers and solicitors assumed that – because I worked for a charitable campaign – what I’d be looking for from them was to coordinate free will-writing services. And yet I believe that there are far more important conversations to be had.

A time and place for free wills Charitable campaigns like Will Aid and Free Wills Month have a critical place in the market, encouraging those to write a will who they might not get around to it otherwise. This was certainly the case for me: I’d been meaning to get around to it for months, when I remembered that I could write my will for the cost of a small donation through Will Aid. Quite simply, the timing was right; I knew how I wanted to divide my will and who would benefit. It was relatively quick and easy for me to get it done, and that included three charitable causes that are particularly closely connected to me and my family – not least the children’s hospital that saved my daughter’s life.

Essentially, the ability to write a will without incurring hefty costs triggered me into action.

And this is where free charitable wills work so well. They can be an effective tactic and trigger for action. But that doesn’t mean that they should be the main strategic approach for interactions between the legal and charitable sector.

While I’m a believer that professional will-writing services

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should be accessible for all, free or even cheap services are not always the way to go. My fear is that – particularly in an unregulated market - we run the risk of a race to the bottom, where the only conversation between the legal and charitable sector is through free or heavily discounted wills. And many of these wills do not include a charitable bequest at all.

If charitable will-writing is synonymous with ‘free’, the danger is that this will become the norm, when professional will-writing services and often more complex decisions and estate arrangements are worth paying for and getting right. In other words, while free will campaigns can be a great spur into action, they should not necessarily be the default position for charitable wills.

Increasing volume of discounted will-writing services Even beyond the free charity wills movement, the challenge is of course that there is a large and growing range of discounted will-writing services on the market, both online and offline.

All of which offer assurances that the necessary checks will be carried out.

While the legal sector awaits news of how the future willwriting environment might change post the recent Law Commission consultation, the vetting procedures, legal checks and professional advice for each service can vary immensely. This can cause confusion and runs the risk of people preparing a will that either may not be legally-sound or that fails to take account of their full financial circumstances and wishes. What’s more, the scope for legal disputes is greater if there hasn’t been sufficient rigour in the will-writing process.

When it comes to highlighting the option of giving to charity, it’s a lottery: some advisers always mention it, while others choose never to talk to clients about it, further adding to the disparity between will-writing services.

While

there

are

merits

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to

offering discounted wills – this should not come at the expense of people failing to access the support they need when writing their will or indeed lawyers not being funded to fulfil a proper service. A cheap price can devalue the importance of will-writing, meaning that the public isn’t always getting the comprehensive advice they need or the service that solicitors want to deliver.

What solicitors & charities do need to talk about From our perspective at Remember A Charity, we’re working to create an environment where everyone has the option to include a gift to charity in their will. For this to happen, people need to know that this choice is available, they don’t have to leave a particularly large sum and – most importantly – that they can still look after their loved ones when they do so.

Free charitable will campaigns may indeed help generate such discussions, but charitable conversations cannot be reserved for these outlets alone.

A standard professional approach is what I believe will make the biggest difference of all.

While solicitors aren’t expected to be fundraisers, we hope that they will always raise the issue with relevant clients, along with the full range of options available to them. These conversations simply wouldn’t happen at all from many an off-the-shelf or online will-writing service.

So I’ll end with a plea; don’t reserve conversations about charitable will-writing for designated charitable campaigns.

When the option is included in all comprehensive will planning services, your advice can have a transformational impact on good causes across the UK and your clients’ affairs.

GIVING THE GIFT OF A LIFETIME It’s not every day you think about your Will and we understand your family and friends will always come first when making decisions about your estate. But once you’ve taken care of your loved ones, maybe you could consider including a gift in your Will to the Children’s Air Ambulance.

The Children’s Air Ambulance is dedicated to helping children all across the UK get to the care and support they need. Fast. In fact, we can get children to the care they need 4 times faster than if they were to go by road.

Our charity does not receive any government funding and provides all our services free of charge. We are enormously grateful for gifts of all types and sizes, and giving even just 1% of your estate will help us continue operating our service.

If you do wish to leave a gift in your Will, you can name the charity as a beneficiary as either the Air Ambulance Service or the Children’s Air Ambulance. Our Registered Charity No. – which covers all services – is 1098874 and our address is Blue Skies House, Butlers Leap, Rugby, Warwickshire, CV21 3RQ.

If you would like to talk to someone about this way of giving then please call Chloe Bass on 03003 045 999, or email us at legacies@ theairambulanceservice. org.uk

Part of the Air Ambulance Service. Registered in England and Wales as a limited company by guarantee. Registered Company No. 4845905.

Registered Charity No. 1098874

Parents warned on tax liability for gifts to children P

arents who have gifted property to their children are being warned they could be landing their loved ones with a future hefty tax bill.

Transferring holiday homes to children’s names is also an issue on Mr Priest’s radar as it means children will still have to pay inheritance tax if their parents continued to use the home essentially rendering the gift pointless.

Tax expert Gary Priest, a partner at leading Worcestershire law firm mfg Solicitors, has issued the alert – saying that the region’s parents must make sure they have all the correct documentation to protect any financial gifts from liability.

“The problem is that unless these are done properly, they can end up attracting the very bills parents were trying to avoid.”

That includes second homes which are gifted to children – a move which can trigger capital gains tax because they do not attract the same relief as a main home.

Mr Priest said: “Making a gift of property while you’re alive, rather than leaving it in a will, is a perfectly legitimate way to avoid lumbering your loved ones with a big tax bill.

He added the gift can also be at risk if the child gets divorced, meaning it can be lost in a settlement. Parents therefore consider gifts to trusts but this brings its own tax issues which need to be considered carefully.

Mr Priest, based at mfg’s headquarters in Kidderminster, said parents need to take expert advice before they make a gift so

that any tax liability can be appropriately planned for in advance.

“The key thing is to make sure that it’s properly documented that the property was a gift for the intended child or children,” Mr Priest said. “That protects it against family disputes and unexpected demands from HMRC. It’s about ticking every box.

“Parents need to think carefully about how any gifts they make impact on what they have written down in their will. It can change the inheritance liability in their estates.

“Done properly, a gift protects property for loved ones and ensures they pay an appropriate amount of tax. Done without careful advice, they can cause heartache, headaches and hefty bills.”

For advice on gifts email gary.priest@ mfgsolicitors.com or call 0845 55 55 321.

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Keeping parents together with their children is the aim of this charity every journey home from work and could not bear to read another child’s traumatic care history, wondering if I could ever make that child laugh again or convince them to trust another human being.

K

They accept referrals from community police, teachers and the NHS, when young people display antisocial, disruptive behaviour – whether in their home, the classroom or community. They generally work with the parents to improve how they interact and resolve relationship issues and advocate on behalf of young people involved with the youth justice system.

Said Gerry: “At Partog we are changing attitudes and inspiring young people towards happy, safe and healthy lifestyles. We are one of the UK’s leading innovators of advanced community projects, engaging vulnerable young people in safe and sociable activities with positive role models, youth and community workers.”

Gerry continued: “We engage the most reclusive, inaccessible young people, unable to socialise or engage in activities. We work with families living in areas of high crime and at high risk of exploitation. Many years working in the residential care of young people with emotional and behavioural problems, added to our award-winning research, allows us to specialise in helping young people disadvantaged by their social and family circumstances.”

EEPING YOUNG PEOPLE safe from crime and exploitation: that is the Herculean task set for itself by Partog – Parenting Together – a charity set up by former youth worker Gerry Hannah.

As he points out, criminals do not emerge overnight like butter does. The process of criminalising and ruining a young life passes through many hands. Partog’s parenting network links parents with youth and skilled community workers.

Partog are Ministry of Justice preferred suppliers and represent the best interests of young people in both Family and Youth Courts. They believe there is no such thing as unavoidable abuse and exploitation.

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The founding of Parenting followed a career working with

“Young people, losing the love and protection of their family for trivial irrelevant reasons, suffer appalling risks. Parenting Together is my given vow to defend the rights and emotional health of children deprived of the love and protection of both parents.”

Partog offers parents and solicitors expert witness statements and risk assessments on young people’s emotional and behavioural problems.

“No research ever showed that children are better off without parents,” declared Gerry. “I promise child-centred risk assessments and expert witness reports, morally and ethically guided towards the best possible outcomes for the youngest, most vulnerable members of your client’s family.”

Together

young people. Gerry explained: “For 15 years I challenged anyone and everyone who showed less than absolute kindness to the emotionally damaged and abused children in my care.”

It was, he said: “The most rewarding job in the world without a doubt, but gradually their sadness overwhelmed me. I cried on almost

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“Caring for young people with behaviour and emotional problems, I witnessed the emotional devastation, the life-long anxiety and many disturbing psychological consequences caused by false rhetoric presented to Family Courts as factual.

In 2014 Parenting Together submitted evidence to the Commons Joint Select Committee on Human Rights for its inquiry into violence against women and girls. Later that year thenHome Secretary Theresa May requested further details of the group’s research.

The following year the NSPCC business chair described the work of Parenting Together as “...more than a good cause; it works.”

What is the dispute really about?

W

hen for s o m e years I headed up a team of forensic accountants Chris Makin in my old national firm, as a matter of policy I always recruited people who were brighter than me. They kept me on my toes and were great problem-solvers.

They also worked extremely hard; the customary valediction on a Friday evening was not “Have a good weekend” but “Have a weekend”, on the assumption that not working through was the exception.

And we had great fun together, whilst getting the job done. At one stage, we devised ten mock rules of litigation; typical was the one which said that the case reached its critical stage when the ringbinder was on the point of bursting. Familiar? Another was that the claimant’s idea of quantum was the amount which would repay all his debts.

Which brings me to my topic: what does the party really want out of this case?

If we are acting as straightforward forensic accountants and expert witnesses – still the bulk of my practice – we don’t get to find out, since a litigation case, with minor exceptions, deals only in terms of money. The winner gets an award of damages and (most of) their costs, and the loser’s blood is on the carpet. But does that always satisfy the true needs of the parties?

In litigation we will never know, but in mediation we are in a totally different ball-game.

We must explore what the parties really want out of the case, and what they can live with. Taking an extreme example, with a really horrific case of negligence or maltreatment by the NHS, the parents of the deceased or severely handicapped child are not really interested in damages; what they yearn for is an apology and an assurance that systems have been improved so that other parents will not have to go through the vale of tears which they have endured.

The fascination in mediation is finding out the true needs of the parties, and using those needs to build a settlement, to help the parties to reach a solution they can

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live with. Unless those true needs are identified, the mediation is likely to be a waste of time; if they are identified, the parties can reach a settlement and know that their trauma is over.

A term of my mediations is that both or all parties deliver to me a mediation position statement with key documents five working days before the allotted day. They rarely come on time, but that’s another matter.

But I do study these documents very carefully when they eventually arrive, and I plan which topics to explore and which will likely lead to a settlement.

Except it never works out that way! I’m not saying that my careful planning is always a waste of time, but there is always something more, something which even the parties didn’t think was important, which will come out of discussions during the day. And the real skill of the mediator is to be alert to that “something else”, and work on it to bring the parties together.

I am reminded of this quite forcefully from a mediation I did some time ago in Edinburgh.

Mother and Son were in partnership in an old-fashioned coal business in Perth, where Son heaved the coal, then collected cash from the customers on Friday teatime (before all the wage ended up in the pub!) and tipped up the cash to Mother, who did the banking, kept the books, ordered the coal, and so on.

Son became convinced that Mother was creaming off much of the cash, so he compiled a financial statement using National Statistics – impressive – to demonstrate that his mother had stolen £253,000 from the business. Mother was very old and frail, and she brought along her other son (who was useless) and her son-in-law. Now, he was a real asset, because he was a tax manager at a firm of accountants.

So I set him up in a side room to mark Son’s homework, and errors were found which caused the value of the claim to fall. But he couldn’t get it any lower than £100,000.

This was serious, because the case was listed for trial very shortly, and the legal costs would have been huge. By this time Son had spent £10,000 with a posh firm in Edinburgh; Mother had spent a modest sum with a local firm.

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As the discussions went on, the true needs of the parties emerged.

Son remained convinced that Mother had stolen partnership cash and was determined to hurt her financially. Mother wanted two things: she wanted to go home because she was frightened of what might happen at court and – crucially – she explained to me that she hadn’t seen her 15-year old granddaughter for about three years, and that Son had even sent back her Christmas card.

So Son wanted money and to hurt Mother; Mother wanted an end to the nightmare and a chance to rebuild the family.

Discussions went on and on, but eventually just before midnight a settlement was reached. With no admission of liability, Mother would pay £9,000 to Son. So she could go home to Perth, and it had cost Son £1,000 to take £9,000 off his Mother. In a funny way, they had both won, and their true needs had been met.

I happened to meet Mother’s advocate when I was next in Edinburgh, giving a lecture to the Faculty of Advocates. He asked if I knew what had happened to Son, and of course I said no. He then gave me the news: Mother and Son continued their coal business in Perth, but about a month after our mediation a coal truck ran away in the yard, and crushed Son to death.

Which makes one think: however important the dispute may be at the time, and however one may feel that the mediation satisfied the true needs of the parties, you never know what might be just around the corner.

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!

Experts under the Judicial Microscope: cases, commentary and criticism Attendees took the point that judges in future will have a much stronger lead role in the management of contentious cases from the outset. Then, an entertaining, but equally serious, presentation from Andrew Ritchie QC on “expert evidence and the seven deadly sins” giving us a quick trip round recent decisions with the theme of the seven sins which we won’t remind you of.

Amanda Stevens, Conference Chair

The Expert Witness Conference was held on 27th September 2018 at Church House, Westminster, London SW1.

The session was heavy on detail (but not too heavy) and delivered with that lightness of touch we expect of a silk with well-devised PPP slides, and Andrew stayed for the Q and A afterwards with useful information from Mike Napier.

A review by Elizabeth Taylor and Phillip Taylor MBE of Richmond Green Chambers

I

t was another first-class expert get-together which took place at Church House, Westminster in September 2018.

Our leading experts from the Institute met to have a natter and be briefed on new case law from colleagues, judges and lawyers. This time the theme was specifically about “judges under the microscope” and it was well-attended

by EWI members eager for the legal updates which are now an annual feature of the Conference.

Chaired as amiably and effectively as ever by Amanda Stevens from Hudgell Solicitors, the keynote speech was delivered by Sir Ernest Ryder, Senior President of Tribunals.

He reviewed how experts assist the court process in their respective role. Sir Ernest did not disappoint! You can read his speech in detail on the judiciary website.

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Andrew Ritchie QC Sir Martin Spencer gave an important speech after one year as EWI chair. A challenging time with EWI staff changes and Martin’s new job as a High Court judge on circuit which he spoke frankly about- his speech will also be available on the EWI website. He talked also of the exciting developments with EWI in Singapore – a recurring theme during the day. The continuing importance of member engagement, membership support and the Expert Certification programme were useful updates for members.

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Later sessions covered a presentation on EWI Singapore with contributions from Sir Vivian Ramsey, Dr Thomas Walford and Chris Easton. The event concluded with the usual lively “questions” session which have become an important feature of EWI Conferences in recent years led by Dr John Sorabji with some most realistic views on the development of certification from Sandy Mackay whom we were able to chat to earlier during the lunch break as he explained the need for change.

EWI members will meet in September 2019 in the post-Brexit British era so keep that date in your diary. EWI Conferences remain an excellent day out to update both experts and lawyers which you cannot miss.

Sir Vivian Ramsay

The sad passing of Sir Louis Bloom-Cooper (1926-2018) was announced. Louis, known to many throughout the legal world and beyond for his indefatigable support in some many areas of legal controversy. Louis was a leading figure throughout his life, called to the Bar at Middle Temple, and he with played a major role in the EWI, the Press Council and Amnesty amongst others. He was a founder of Doughty Street Chambers and will be greatly missed by all.

Dr John Sorajbi

• Speech & Language Therapy & Technology Consultants • Single/Joint Expert Court & Bespoke Reports • Accident, Negligence & Criminal cases • Extensive Experience of High Value Claims

LH is a registered member of the HCPC and the Association of Speech and Language Therapists in Private Practice; both are members of the Royal College of Speech & Language Therapists. LH is also a member of North West Special Interest Group for Adult Acquired Disorders & Headway.

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Why Quill’s software development team invests heavily in Interactive Documents

By Julian Bryan, Managing Director, Quill

T

he legal profession is never static. With alwaysevolving legislation, increasingly demanding clients and growing numbers of aggressive competitors, change is never far afoot. To thrive in such challenging conditions, law firms rely more than ever before upon technology.

One constant thread in this sea of change is the written word. You see, the law is all about the written word.

Every single task performed by a solicitor involves the written word in some form. Law firms are documentintensive by nature and every fee earner is a content factory generating document after document as they progress through live matters, be it a client care letter sent to a new customer, completion statement in a commercial conveyancing matter, divorce petition for a matrimonial case, last will and testament for a private client or anything in between.

It thus follows that the primary role of technology is to help legal practices manage the written word effectively. Software’s role is to apply as much automation as possible to generating, storing, transmitting and finding the written word including time recording throughout each of these stages.

Speed and accuracy are absolutely essential.

The quicker and easier it is to produce, save, share and locate this expanding library of documents, the better for everyone, from the lawyer who can concentrate on client-facing work thereby boosting earning capacity to the compliance officer who can plan for business continuity thereby meeting Code of Conduct obligations.

Because of this, no legal software supplier can afford to be complacent about development. At Quill, software development is something we take really seriously and invest considerable resources in doing. We have 12 dedicated employees in our software development team. Led by our IT Director, Richard Salt, it’s their responsibility to research new technologies and industry trends then develop our applications in order to keep Quill at the forefront of innovation and enable our clients to control the written word to the best of their ability.

Our R&D staff understand the pressures faced by today’s law firms and continually enhance our Interactive Cloud and Interactive Documents software – comprising case management, legal accounts and document management features – to empower them to work more efficiently, save administration time, spend longer earning fees, reduce operating costs and a whole raft of other benefits which drive both greater productivity (so your clients are happy!) and profitability (so your partners and investors are happy too!).

With regards to the written word, Interactive Documents – our intuitive document management module – provides tight integration between Interactive, Word and Outlook – called our AddIns – which allows you to spend your working day

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in familiar Microsoft applications with full links to Interactive’s database, templates and document store.

Technology that constantly advances is a must-have tool for any forward-thinking law firm. Not only because of the productivity advantages delivered, but also for safety reasons. Without ongoing security patches and bug fixes, you’re vulnerable to the rising volumes of threats from hackers and cybercriminals whose sole purpose it is to disrupt (even ruin) your business. Software development, then, is a futureproofing promise that, whatever changes and challenges come your way, your software supplier’s got your back.

At its core, our Interactive Documents gives unique integration between Interactive Cloud, Word and Outlook saving users re-entering data as a key, but by no means only, benefit. But more recently a myriad of new features have been introduced to Interactive Documents and we’re going to describe just a few of them here.

We’ve created conversion to PDF and attachment as PDF functionality. As you’ll no doubt know, PDF is a secure file format. Documents of this type can’t be edited by recipients. In Interactive, it’s a one button task; job done.

Using the Interactive Add-Ins in Outlook makes tasks such as this really straightforward. By simply hitting the ‘New Quill Email’ then ‘Attach From Quill’ buttons located in the top toolbar of Outlook, single or multiple documents can be attached as PDFs even if you haven’t previously converted files to PDF format. At this point, you haven’t formally logged in to Interactive itself either; you’re using the well-known Microsoft interface instead which you’re at liberty to do all day long, should you please.

We’ve established an entire series of document and precedent templates comprising everything from credit control letters and identification forms to requests to extend time and receipt of money acknowledgements. These templates are supplied as standard with Interactive Documents. You can also choose to set up your own bespoke templates, link to merge fields in Interactive then auto-populate content direct from your database.

In the same vein, popular forms packs can be purchased too as an optional extra. Linked closely to Interactive, these forms offer even more autodatabase population for documents related to each of the common steps in particular matters.

This has to be one of the biggest draws of document management software – the ability to generate documents and letters in minutes. Where Interactive Documents is concerned, the same applies to emails. Ready-made email templates allow emails to be written, recipients selected from handy drop-down lists, documents attached and the entire communication saved straight back to case effortlessly, all from within Outlook itself.

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In fact, you can even now do so from within Word.

Auto-email the document you’ve been working on directly to the client, opposition, expert witness or any combination without switching between systems.

Integrated attendance notes are another enhancement. Either when saving a just-completed document, receiving a document or later, the notes field permits the addition of attendance notes – that’s a description of discussions, meetings or events that have taken place – relating to that specific document.

There are two main advantages of attendance notes.

One, the important notes are logged both for future reference and to support your accompanying time record so there’s no chance of forgetting further down the line. Two, entering your attendance notes as you go along saves you an extra task and negates the need for double billing which assists with client satisfaction.

Time recording generally is worth a mention. Our overhauled Interactive Documents lets you make time entries at various touchpoints when writing, uploading or dispatching case-related documentation and correspondence. With the ability to perform these stages quickly, you can record more units of time than the task has actually taken to bill clients appropriately for actions completed and boost chargeable time in the process. In other words, do less and earn more.

These are just a few of many improvements to Interactive Documents. To refer to some others, you can set up calendar events from Word and Outlook with reminders to ensure defined milestones are met; maintain a full audit trail with version-controlstamped documents; assign colours, labels and preview before opening to locate the right documents with ease; access your cloud-stored documents from anywhere with an internet connection to become more mobile; tailor sub folders to your preferences so Interactive mirrors how you work; store unlimited quantities of documents, emails and images without taking up valuable space on your own servers; protect your vital records with industrial-strength security measures and in-built disaster recovery planning; and much, much more besides.

The combination of these multiple features means you can run your legal practice competitively, with minimum support staff, at low cost. A ‘Lite’ version of Interactive Documents is provided as part of your Interactive licence fee. Alternatively, an advanced ‘Professional’ version is charged at just £17 per user per month for full integration with the Microsoft Office suite. Exploit our heavy financial investment in Interactive Documents without breaking your bank.

The written word; sorted.

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.