The Pears Magazine issue 45 - Summer 2023

Committee Members

Andrew Chandler President mfg Solicitors LLP andrew.chandler@mfgsolicitors. com

Laura Osborne Administrator Headturner Search laura@headturnersearch.co.uk

Stephen Hurley Committee Member University of Worcester s.hurley@worc.ac.uk

Lucy Harrold Social Media Secretary mfg Solicitors lucy.harrold@mfgsolicitors.com

Daniel Maiden Committee Member QS Parkinson Wright

Rachael Wheeler Committee Member Saunders Roberts rachael.wheeler@ saundersroberts.co.uk

Patricia Beeching Committee Member Law Society Council Member for the Welsh Marches

Rhiannon Phelps Social Secretary Hallmark Hulme rhiannon.phelps @hallmarkhulme.co.uk

Zoe Webster Social Secretary Hallmark Hulme zoe.webster@hallmarkhulme.co.uk

Nick Hughes Committee Member HB 121 Solicitors nah@hb121solicitors.co.uk

John Aldis Committee Member St Philips Chambers jaldis@st-philips.com

Marina Akram Secretary Silverback Law marina.akram@silverbacklaw.co.uk

Vishal Mahay Committee Member Silverback Law vishal.mahay@silverbacklaw.co.uk

Alexandra Phillips Committee Member mfg Solicitors LLP alexandra.phillips@mfgsolicitors. com

Olivia Jubb Vice Chair Harrison Clark Rickerbys ojubb@hcrlaw.com

James Osborne Treasurer Harrison Clark Rickerbys josborne@hcrlaw.com

Luke Crocker Committee Member Bradley Haynes Law Luke@bradleyhayneslaw.co.uk

Charlette McDermott Treasurer Bradley Haynes Charlette@bradleyhayneslaw.co.uk

Katie Banks Editor of Pears mfg Solicitors LLP katie.banks@mfgsolicitors.com

Amy McGowan-Docherty Deputy Editor of The Pears Solicitor – Harrison Clark Rickerbys E: amdocherty@hcrlaw.com

Georgina

Chair Harrison Clark Rickerbys ghunt@hcrlaw.com

Priya Tromans Committee Member St Ives Chambers priya.tromans@stiveschambers. co.uk

Lucy George Social Media Secretary mfg Solicitors lucy.george@mfgsolicitors.com

Hunt

Danielle Hanley-Hall Social Secretary

Lucy Tranter Social Secretary

President’s Introduction

Dear Members,

Welcome to the Spring Edition of the Pears Magazine! I hope you are all well and enjoying the warmer weather. I hope that all members and member firms have had the opportunity to nominate those that they consider to be deserving of recognition at the upcoming Worcestershire Law Society Awards Evening 2023 which this year is being held at The Bank House Hotel in Bransford. The process of nomination, shortlisting, panel interview and eventual award is certainly not to be taken for granted and so I wish all those involved in the process the very best of luck and I look forward to seeing you all on 15th September 2023!

Since the Winter Edition we recently held

the WLS AGM and Quiz which was hosted at Bolero Bar & Kitchen in Worcester. The business of the AGM was transacted and concluded promptly where yours truly was duly elected to serve a second term as your President – I will have no excuses this year of finding my feet! James Osborne very kindly agreed to continue as Treasurer and I am grateful both to him and indeed to all of the current serving members of the committee for their unswerving loyalty and dedication. The WLS committee and the society as a whole really is far greater than the sum of its parts and on that note we welcome Daniel Maiden and Vishal Mahay to the committe. The Quiz was well-attended by 50 or so local members and well served with refreshments and delicious antipasti throughout. The eventual winners and worthy champions were “Court in the Act” from HCR.

Within this Edition you will find pieces of interest and contributions from member firms including:

• Maynard Burton’s retirement;

• Marina Akram’s charity hike;

• mfg’s lawyers take on The Wolf Run 2023;

• HCR’s new legal service; and many more.

At the time of writing, the next social event in the WLS calendar is the now annual Croquet, Pimms & Canapes evening to be hosted by the Worcester Norton Croquet Club on 14th June 2023 18:00 – 21:00. No doubt there will be scores to settle from the inaugural 2022 championships…

And finally, on behalf of the Society and the Committee, we all send our best wishes to His Majesty King Charles III and Her Majesty Queen Camilla for a long and happy reign following the recent coronation.

Andrew Chandler President, Worcestershire Law Society 2022-2023

Leading law firm signals commitment to investing in people with largest promotions round to date

Harrison Clark Rickerbys (HCR) is celebrating a record breaking number of promotions with more than thirty staff being promoted on 1 April 2023.

Managing Partner, Rod Thomas, explains, “To attract and retain the best talent, from all backgrounds, we have not only embraced Smart Working practices but also invested significantly to ensure that HCR continues to be a place where anyone can thrive and we attract people interested in having a career with a different type of law firm. Despite the firm’s increasing size, the energy, enthusiasm and friendliness of our people continues to be one of the reasons people want to join the firm.”

Deborah Brumwell, HR Director and head of the promotions group said, “Our staff are our greatest asset, so our career development initiatives such as offering international secondments, one to one and group mentoring, ‘Fast Track’, early contact with clients and business development training are an important part of why our people choose to stay with HCR. Investing in our people is not only the right thing to do, but also the smart thing and large promotion rounds like the one announced today are the result of a great deal of hard work from some very dedicated colleagues. We wish all of those promoted the very best of luck on the next step of their journey.”

Harrison Clark Rickerbys has more than 800 staff and partners based at offices in Birmingham, Cambridge, Cardiff, Central England, Cheltenham, Hereford, London, Thames Valley, Worcester and the Wye Valley, providing a complete spectrum of legal services to both business and private clients regionally and nationwide.

The firm has global reach via its network of independent law firms, LawExchange International. It also has a number of highly successful teams specialising in individual sectors, including health and social care, education, technology, agricultural and rural affairs, finance and financial services, defence, security and the forces, and construction.

Widely respected Wyre Forest solicitor retires after 42-year career

One of Wyre Forest’s most popular and admired solicitors has retired after a career spanning over four decades.

Commercial property expert Maynard Burton, from law firm mfg Solicitors, has retired from the legal profession after joining the Kidderminster headquartered firm as a trainee in 1981.

Qualifying in 1983, Mr Burton went on to run mfg’s former Bewdley office for 14 years, going on to play an instrumental role in the firm’s regional expansion which he helped lead as a senior partner and Board member, including a record 17 years as chairman, a role which now passes to partner Iain Morrison.

Throughout his career, the 66-year-old has managed thousands of propertyrelated transactions locally and across the UK, whilst also acting as a mentor to several junior solicitors.

Andrew Davies, partner and managing director at mfg Solicitors said: “Maynard’s commitment to mfg Solicitors, the local community and the legal profession has been nothing short of immense over the past 42 years.

“He is rightly seen as one of the main architects of the modern-day mfg Solicitors and has always given so much time and energy to helping others, mentoring young lawyers coming through, and being a superb source of advice for hundreds of solicitors over the years.

“Maynard is also respected for his role in the Wyre Forest community, raising money for good causes and supporting charities, local campaigns and sports clubs. He has also played a key role in guiding and supporting a wide variety of trusts, in particular the Helen Mackaness Trust.

“He is looked upon as one of the area’s most successful and trusted lawyers. Whilst we are all sad to see him retire, we know the time feels right for him and his family and he will forever hold a special

HCR

Maynard Burton

place in the firm’s history.”

Maynard Burton added: “It has been an absolute privilege to have spent my whole career at mfg Solicitors, working with a countless number of talented people, and to advise so many clients locally and up and down the country.

“The time is right to step away, hand everything over to the next generation, and enjoy more time with my wife and family. The firm and our clients are in the perfect hands moving forward and I look forward to seeing the mfg continuing to go from strength to strength.

“I have had many kind messages about my retirement and really appreciate the time everyone has taken to wish me well. It means a lot to be able to reflect and know what you have done in your career has made a positive impact.”

Silverback Solicitor hikes for charity.

struck Turkey and Syria on 6th February. With so much help and support needed, she was hoping for as much sponsorship as possible to help aid Islamic Relief Worldwide and their humanitarian efforts in the region.

Marina and her fellow fundraisers weathered challenging conditions to complete the hike, but she remained positive and smiled throughout - despite having a rather wet and muddy foot for most of it.

You can still donate to her fundraising appeal at www.justgiving.com/page/ marina-muhammad. Any donations, large or small, are gratefully received for this extremely worthwhile cause.

Marina would also like to thank those of you who may have already sponsored her - it’s much appreciated!

Law firm announces new head of agriculture and rural affairs department

A Worcestershire law firm has announced the appointment of new departmental head for its award-winning agriculture and rural affairs division.

mfg Solicitors, which has offices across the county, has appointed partner Alex Phillips who will now lead the 13-strong team which specialises in advising farmers, estate owners and landowners around sales, renewables, estate management matters and a host of services for rural businesses.

Silverback Law's Commercial Litigation Solicitor (and Worcestershire Junior Law Division Committee Secretary), is no stranger to participating in worthwhile charity events! A few weeks ago she embarked on a fundraising hike at Whernside, in the Yorkshire Dales, to raise funds for victims of the Turkish and Syrian earthquakes.

Most of you will know of the huge devastation caused by the quakes, which

We had a great night at our Annual WLS Quiz tonight. Well over 40 of Worcestershire’s legal professionals came along to take part, with great food and hospitality from Mahmut Guler and his team at Bolero Venues . Congratulations to Harrison Clark Rickerbys Ltd for having the winning team and to our runners up from SME Solicitors coming in at a close 2nd place

She replaces senior partner and the firm’s vice chairman Iain Morrison who has led the nationally-respected department for ten years. Mr Morrison, also a key architect in the department’s formation over 20 years ago, will continue to support rural and farming clients across the country.

Iain Morrison said: “Alex has an exceptional reputation amongst her clients, but also in the wider agriculture and rural business community.

“Being appointed to lead the department underlines the commitment she has showcased over the past decade across the firm, but it also highlights her success as a talented and in-demand lawyer who

Marina Akram, Redditch-based

WLS Quiz

Marina Akram

Andrew Chandler

understands complex rural legislation inside out.”

Alex Phillips added: “This is a fantastic opportunity for me and more than anything, I want to carry on Iain’s unbelievable legacy and continue the hard work he has put in as head of the department for so many years.

“I want to be a really hands on divisional head and work closely with the team to ensure we are taking care of our clients, solving problems together and promoting our expertise.

“More than ever, we are concentrating on getting in front of our clients as much as we can and providing legal advice which is clear and consistent, especially at a time when farming is going through the biggest change in a generation.”

Ms Phillips originally joined the firm in September 2010 as a paralegal in its Family department. Qualifying in 2013, one year later she was named Young Solicitor of the Year by the Worcestershire Law Society.

In 2017 she was appointed as one of the youngest ever presidents of the Society and remains an active member of the group which promotes and supports lawyers across the county.

She became a senior associate in 2020, and a partner one year later in 2021 Silverback Law member joins WLS Committee.

recognised by WLS when he was shortlisted for ‘Solicitor of the Year’ at our annual awards ceremony.

It's great to have him on our Committee and we’re sure he’ll have an important role to play.

HCR launches new ‘one couple, one lawyer’ approach to divorce and separation

Vishal Mahay, Silverback Law’s Head of Commercial Litigation, has been appointed as a committee member for Worcestershire Law Society at our recent AGM.

He has been a very engaged and active WLS member for some time now - regularly attending events and contributing towards media content for our quarterly magazine.

Vishal qualified as a solicitor in 2010 after studying law at Bournemouth University and The University of Law. He then had key postions at a number of firms before joining Silverback Law in September 2020, going on to make a significant impact on the business. Last year, Vish’s efforts were

is paving the way for more amicable divorces. Their new ‘Unified in Separation (US)’ legal service will allow divorce to be managed by a single lawyer, rather than having one lawyer for each party.

James Grigg, Partner and Head of Family Law at HCR said: “We understand the emotional pressures and complexities of divorce. That’s why we’re delighted to launch this ground- breaking service to help couples to achieve their shared objectives, without the conflict and costs of going to court.

“Couples using ‘US’ will receive advice on a joint beneficial basis to reach an agreement on one or all aspects of their separation. It is only suitable where there is no imbalance of power and where both parties are in the right frame of mind. Our team of expert family lawyers will carry out a full assessment to ensure interests are aligned.”

Landmark reforms to divorce law mean that couples no longer have to play the blame game to be granted a divorce – known as ‘no-fault divorce’. Increasing demands for couples to seek joint legal advice has led to the introduction of this new service by the

Harrison Clark Rickerbys’ (HCR) Family Law team – one of the biggest in the country –

James Grigg, ' Unified in Separation'

Vishal Mahay

Iain Morrison with Alex Phillips

Top 60 law firm, based on the ‘one couple, one lawyer’ framework by family lawyer group, Resolution.

Harrison Clark Rickerbys has more than 800 staff and partners based at offices in Birmingham, Cambridge, Cardiff, Central England, Cheltenham, Hereford, London, Thames Valley, Worcester and the Wye Valley, providing a complete spectrum of legal services to both business and private clients regionally and nationwide.

The firm has global reach via its network of independent law firms, LawExchange International. It also has a number of highly successful teams specialising in individual sectors, including family law, health and social care, education, technology, agriculture and rural affairs, finance and financial services, defence, security and the forces, and construction.

Local lawyers take on Wolf Run for the Emily Jordan Foundation

A team of Worcestershire lawyers have completed a gruelling country race to raise money for a popular charity.

Fifteen solicitors from mfg Solicitors tackled the 10k ‘Wolf Run’ in Leamington Spa on Sunday 23 April – with the team raising over £2,000 for the Emily Jordan Foundation, a local charity based in Kidderminster which supports people with learning disabilities.

Known as one of the most treacherous obstacle races in the UK, the Wolf Run race saw the team tackling woodland tracks, lakes, thick mud and testing open ground against hundreds of other competitors.

Lucy Harrold, a solicitor at Kidderminster law firm mfg Solicitors said: “We had people from across various departments taking part in the event and we felt it was a great way to raise money for the Emily Jordan Foundation which does so much for hundreds of people who have learning disabilities.

“The Wolf Run is known across the country for testing people’s mental and physical strength and it was certainly very tough. However, it was all about having fun and trying to hit our target for the charity, which we’ve now beaten.”

The Emily Jordan Foundation was set up by Emily’s family in her memory after she sadly died in 2008. It supports those with disabilities socially and helps them gain employment opportunities. This year marks 15 years since the Foundation was set up in Emily’s memory.

Readers interested in donating further to the team’s fundraising efforts can visit their Just Giving page through https://www. justgiving.com/fundraising/mfgsolicitors

HCR shortlisted as finalists at HealthInvevstor Awards

We’ve been shortlisted as finalists in the ‘Legal Advisors of the Year – Transactional’ category

at this year’s HealthInvestor Awards! The awards celebrate achievements made in the healthcare sector and range from advisory and finance to clinical services, property, social care and investment.

Head of Health and Social Care team Rebecca Leask said: “This is fantastic news –we’re delighted to be a finalist for this award.

““The Health and Social Care team have worked hard to provide clients with a service they can rely on in a rapidly evolving sector.”

The black tie ceremony takes place on June 7 at Grosvenor House Hotel in London, with over 1,200 of the industry’s leading figures expected to attend.

Back: Ben Rothery, Giles Scott, Tom Esler, Sam Pedley Middle: Javed Ahmed, Katie Banks, Lucy George, Amelia Edwards, Clare Lang Front: Chianna Weaver, Lucy Harrold, Sally Morris

Law firm extends property litigation offering with new appointment

Worcestershire law firm mfg Solicitors has bolstered its respected property litigation department with the appointment of a new solicitor.

Property dispute specialist Rhiannon Phelps has joined mfg’s property litigation team making it nine-strong and underlining its position as one the largest of its type in the region.

Based at the firm’s Bromsgrove office, she will work closely with the team, supported by partner Kirsten Bridgewater on property-related cases including boundary disputes, rights of way issues, trespass, landlord and tenant disagreements, and disputes around land ownership.

Kirsten said: “As a property litigation team we are experiencing extensive growth at present and this means our team must expand too.

“Rhiannon is one of the brightest and most talented young solicitors in the region so I am delighted she is now part of the team

and already working closely with a range of our clients.

“It’s a big year for us as a team and we’ve started it in the best possible way. I look forward to working with Rhiannon in the months and years ahead.”

Rhiannon Phelps added: “The team has a fantastic reputation across the region and is well known for dealing with complex and high-value cases.

“Property litigation as a specialism encompasses an enormous array of matters so I feel extremely fortunate to have the opportunity to work alongside such a brilliant and supportive team of lawyers.”

Aside from her role at mfg, Rhiannon is also the social secretary in the Worcestershire Junior Lawyers Division.

Readers looking for more information on mfg’s property litigation services can email Rhiannon.phelps@mfgsolicitors.com or visit https://www.mfgsolicitors.com/ site/services-for-business/commerciallitigation/

HCR listed as most active dealmakers from East to West Harrison Clark Rickerbys have been listed in the latest Experian rankings as the most active deal advisers of the year in the South West, South East, East of England and the Midlands – and second in London and across the UK as a whole.

The number of deals carried out in 2022 across the UK by the Corporate team were a record number posted and shows the demand for mergers and acquisitions continues to grow, says Head of Corporate Richard Wilkey.

“This is fantastic news both for clients and colleagues. High levels of M&A activity show a continuing trend of investment across the UK. This is ideal for clients who are looking to diversify their offering and grow – we’re sure this will continue into the future.”

Rhiannon Phelps with Kirsten Bridgewater

Congratulations to QSPWour Crazy Golf Champs 2023

Thank you to all of our members who joined us!

We had a fantastic time last night as Mulligans enjoying some crazy golf, drinks, street food and networking. As always with our local firms there was certainly an air of competition in the room, and despite some excellent scores from other teams, Quality Solicitors Parkinson Wright were the ultimate champions of the night!

We hope that you all enjoyed the event and we will be in touch shortly with details of our next events coming up this year.

Four-day working week –will it catch on?

How can a four-day working week work for your business?

There are many options available to businesses when it comes to flexible working. Some of these include:

What is a four-day working week?

As a result of the COVID pandemic and the government mandate, those individuals whose jobs were office-based and who could work from home did so. This resulted in an increase in flexible working requests and remote working, which showed that many employees could effectively carry out their job roles whilst balancing life commitments from the comfort of their homes.

Therefore, the idea of a four-day working week is growing in popularity as this will allow employees to work four days a week instead of the traditional five. Many businesses are now transitioning to a permanent four-day working week, which is the new norm.

A trial between June and December 2022 involved over 60 companies offering employees a four-day working week without losing pay. This meant that staff could reduce their work time whilst still receiving their full pay.

The results were published at the end of the trial and were very promising. Most companies found that productivity levels were maintained, and there were improvements in staff retention and overall well-being. The trial also found that sick days were reduced, and a lower level of burnout was reported. 56 out of the 61 companies who took part in the pilot will continue to try out the fourday working week, and 18 will make the change permanent.

What are the advantages and disadvantages?

A study undertaken in 2021 found that 80% of people in the UK would prefer a four-day working week.

Some of the benefits of the four-day working week include:

• Improved morale

• Fewer absences

• Improved recruitment processes

• Improved employee wellbeing

• Reduction in stress

• Increased company commitment and teamwork

• Reduction in environmental impact

• Reduction in costs for employees who are travelling and employers in relation to their office expenses.

The four-day working week has also seen some disadvantages, which include:

• Does not suit all industries as some businesses require a seven-day week.

• Does not suit all employees as some prefer a full five-day working week but also may wish to work flexibly with overtime work.

• Reduction in productivity and potentially longer hours.

Could the four-day working week be implemented in the legal industry?

It is interesting to note that no law firms were involved in the trial, so it remains to be seen whether the legal industry will embrace a four-day working week in the future. As set out below, there are many different options available.

• Businesses can offer their staff a fourday working week without loss of pay. It is worth bearing in mind that there is no one size fits all approach and companies may want to explore the various options available. This could include discussing with staff members to ascertain what their views are and, if the company decides it wants to embrace the fourday working week, whether the whole company shuts down on one particular day or it is decided on a departmentby-department basis so that there will still be staff available across the entire working week.

• Businesses can relay the positive outcomes of the four-day working week from the trial conducted in 2022. Not only will the four-day working week see an improvement in efficient working but also will see a rise in employee wellbeing and morale.

• If businesses intend to move with the four-day working transition, it is essential for businesses to speak to their employees and then undertake a trial to ensure feedback is given.

How can we help?

If you or your business are thinking about implementing a four-day working week and require our assistance in guiding you through that process, we would be delighted to assist you. Please email our Employment Solicitor, Liz Watt at liz@ bradleyhayneslaw.co.uk or call our office on 01905 900919.

The article is not intended to constitute and should not be used as a substitute for legal advice on the issues raised above. No liability for the accuracy of the contents of this document or the consequences of relying on it is assumed by the author. If you seek further information, please get in touch with us on the above contact details.

Liz Watt Bradley Haynes

April 2023 changes: what employers need to know

1 April 2023: Comply with National Minimum Wage rises

The National Minimum Wage hourly rates increase on 1 April 2023 as follows:

• £9.50 to £10.42 for workers aged 23 and over (the National Living Wage);

• £9.18 to £10.18 for workers aged 21 or 22;

• £6.83 to £7.49 for workers aged 18 to 20;

• £4.80 to £5.28 for workers aged under 18 who are no longer of compulsory school age; and

• £4.81 to £5.28 for apprentices under 19, or over 19 and in the first year of the apprenticeship.

Employers should check their pay rates against the new National Minimum Wage rates and ensure that they increase remuneration for the first pay reference period beginning on or after 1 April 2023.

2 and 6 April 2023: Increase statutory family-related pay and sick pay:

The weekly rates of statutory maternity, adoption, paternity, shared parental and parental bereavement pay increase from £156.66 to £172.48.

The weekly rate of statutory sick pay also rises on 6 April 2023 from £99.35 to £109.40.

It is up to HR to make sure that staff on maternity, paternity, adoption, shared parental and parental bereavement leave, and staff on sick leave, are paid these statutory minimum rates.

HR professionals also need to review and update their policies and documents that mention the rates, such as their maternity policies and sickness absence procedures.

Claire Cole (Partner and Head of Employment at Hallmark

Whatley Hulme) and Emily Willett (trainee) summarise the important employment law changes which employers need to know about from April 2023

30 March / 4 April 2023: Publish your gender pay gap report: Organisations with a headcount of 250 or more have 12 months to publish their gender pay gap figures from the relevant snapshot date – 31 March for the public sector and 5 April for the private and voluntary sectors.

This means that the gender pay gap reporting deadline is 30 March 2023 for public-sector employers and 4 April 2023 for private-sector and voluntary-sector employers.

Organisations must publish reports on their website and on the gender pay gap reporting portal on the GOV.UK website. Employers can choose to provide a narrative around any gender pay gap, including providing an explanation for their pay gap and setting out what steps they are taking to reduce the gap.

6 April 2023: Lower Earnings Limit, compensation limits, Statutory Guarantee Pay & redundancy payments: The Lower Earnings Limit, which is the amount over which must be earned to qualify for many employment- related statutory payments, will remain the same as the 2022/23 rate of £123.

The following increases will come into force on 6th April 2023:

• Limit on guarantee payments increases from £31 to £35

• Limit on a week’s pay for calculating redundancy and unfair dismissal awards increases from £571 to £643

• Maximum basic award for unfair dismissal and statutory redundancy payment (30 weeks’ pay subject to the limit on week’s pay) increases from £17.130 to £19,290

• Maximum compensatory award for unfair dismissal, subject to a maximum cap of a year’s pay, increases from £93,878 to £105,707.

For further advice of any of the above changes or any employment related matters, please contact Claire on 01905 726600 or email claire.cole@hwhlaw.co.uk

Claire Cole

Worcestershire Law Society Awards 2023

Friday 15th September 2023

Arrival drinks reception from 6.15pm Location: The Bank House Hotel, Bransford.

Price: £750 for a table of 10 or individual tickets available upon request

Includes a fabulous 3-course dinner, wine on table and a drink on arrival. Not forgetting some fantastic entertainment! To book your table or for details of sponsorship packages for this event please email laura@headturnersearch.co.uk

Worcestershire Law Society (‘WLS’) WLS was established in 1841 to unite, promote and support local lawyers and the Worcestershire Community. The Society has approaching 400 members including Partners, Solicitors, Paralegals and Trainees. WLS extended its membership to Barristers and Legal Executives who regularly attend and support our annual events. The Society supports the legal profession within the area by providing excellent CPD training courses and representing members’ interests. WLS also offers a number of social events throughout the year giving members an opportunity to meet with other solicitors within the County.

Nominations for WLS Awards 2023 are now open!!

Deadline for submitting nominations is 19th May 2023. Please visit http://www.worcestershirelawsociety.com/awards-2023

Ten year benchmarking research charts 43% rise in legacy giving

MONDAY 3 APRIL 2023: Legacy giving has risen by 43% over the past decade according to new research out today. 20% of UK charity supporters aged 40+ now say they have left a charitable gift in their Will compared with 14% in 2013. The research charts a steady rise in the proportion of people choosing to give from their Will over time.

Legal advisers play a critical role in making clients aware of the option of including a gift in their Will, with more than half of the giving public (54%) saying they have used or would use a solicitor or professional Will-writer to set out their final wishes.

The Remember A Charity consumer benchmarking research*, carried out by independent research firm OKO, surveys more than 2,000 charity donors aged 40+ to track legacy giving attitudes and behaviour year-on-year. The 2022 research released today found that:

• One in five supporters said they had included a charity in their Will (20%)

• Just over one in 10 said they are preparing to do so (11%)

• Fewer than one in 10 reject the concept altogether (9%).

The tracking research, which follows Prochaska’s Stages of Change model, shows forward movement over the years from

donors’ rejection and lack of awareness through to awareness, contemplation, preparation and action (leaving a gift).**

Lucinda Frostick, Director at Remember A Charity, the consortium of 200 UK charities working to promote charitable gifts in Wills, says: “This continued growth in appetite for legacy giving is hugely encouraging, reflecting greater understanding of the option to pass on gifts to good causes alongside loved ones in a Will. It may take years – in some cases decades – for donations to filter through, but that income will be crucial in funding charitable services for generations to come.”

Just under two thirds of people surveyed (63%) had already written a Will, with three in 10 of those having included a charitable donation (29%). Despite the economic climate, the large majority of all respondents (80%) said they were just as likely to leave a charitable gift as 12 months earlier, with twice as many people (14%) saying they were more likely to give than those saying they were less likely (6%). More than four in ten people are aware of the inheritance tax advantages of leaving charitable gifts in Wills.

The age at which people first wrote a Will is unchanged; just over half write their first Will when under the age of 50, with the average age of first Will-writing being 50.

Those more likely to have written a will are older and more financially affluent. Those with less assets, no children or grandchildren, or from ethnic minorities are less likely to have written a Will. The research reports that death of a loved one is a key trigger - particularly for those making their first Will when younger. Birth, marriage or house purchases are also strong triggers for younger Will-makers, while retirement is a major driver for older generations.

Remember A Charity runs a free Campaign Supporter scheme for solicitors and Will-writers, providing promotional resources and useful guidance for referencing legacy giving with clients. Find out more at www. rememberacharity.org.uk/about-us/forsolicitors-will-writers

*OKO, Legacy Giving Consumer Benchmark Research

Commissioned by Remember A Charity, the consumer benchmark research explores the public’s attitudes to legacy giving, with regular surveys carried out since 2009. The latest survey was carried out by OKO in December 2022; an online survey of 2,003 charity supporters across the UK, aged 40+. The research has been carried out by OKO since 2021, and nfpSynergy before that.

**Stages of Change

The Stages of Change model features six levels: rejection of leaving a gift in their Will; pre-contemplation unaware – those who have never thought about it and are not sure if they would consider it, pre-contemplation aware – those who have thought about it and given it low consideration; contemplation - those who know about it and would consider leaving a gift; preparation – those who intend to give; and action - those who have already left a gift in their Will.

Expert Witness Institute online conference 2023

Impartial, independent expertise for justice: enhancing expert credibility.

Friday 12th May 2023

THE JUSTICE SYSTEM DEPENDS ON EXPERT EVIDENCE

An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE , Head of Chambers, Reviews Editor, “The Barrister”, and Mediator

EWI held an excellent online conference which was very much the same formula as in previous years... and it works! Barrister, Saba Naqshbandi, chaired the conference throughout and we found that the highlights this year came from the four leading judges who spoke: Lady Justice Ingrid Simler; Lady Justice Geraldine Andrews, Mrs Justice Maura McGowan and HHJ Francis Sheridan (robed!)

Lady Justice Simler: The Keynote Speech

how experts can increase their credibility in the eyes of the court. “There is strong public interest in the work performed by experts”, she said. “The justice system depends on expert evidence being the highest quality it can be”.

Simler observed that “there are difficulties securing experts across the country in a wide range of specialisms”, with “remuneration and rates of pay” being an important factor. “But” , she said, “another is fear of criticism from the courts, from counsel during cross examination, and criticism from those that they assess”. Valid observations which we know would be felt by experts listening to her speech.

The EWI chair, Sir Martin Spencer, has mentioned the new Certified Expert Membership level for the Institute in his welcome to the conference. He explained that “certification offers Instructing Parties a unique method for identifying experts whose knowledge, skills and practice has been validated by a Professional Body”. He concluded that the new certification offers assurance that the instruction of a Certified Expert provides Instructing Parties “with an expert who understands their role and can ultimately deliver”. Very true and we thought both Martin’s welcome and Dame Ingrid’s speech gave us all an increase in confidence, and a greater awareness of the professions from which experts are drawn. Plus, Ingrid’s concluding plea that “in turn, I hope it will attract more women and those from different and diverse backgrounds”, and we all hope that is the case.

PI cases by Geraldine Andrews who stressed the point that “the adversarial system depends on the independence of experts”. Then to the world of crime, and Judge Francis Sheridan fully robed in his Aylesbury court which was dramatic. Francis taught me at Bar School - he hasn’t changed a bit with his excellent advice and observations so do catch up on all the speeches from the EWI website!

“You Can Always Spot a Hired Gun”

An old friend of EWI, Mrs Justice Maura McGowan , also gave us some detailed advice on “good” and “bad” expertsthose experts who are not experts, making things up as they go along, so beware. And she mentioned some new books – “primers” from the Royal Society which she displayed on screen so do check out their website for details for your own practice.

There is always so much going on at the EWI Conference that we can only offer a snapshot of proceedings but do follow up the recordings on the EWI website for any particular session of interest. We were most fortunate with the lead sponsorship from DAC Consulting Service s, who offer forensic engineering and expert witness services, plus the expertise of the other sponsors: Bond Solon and Jane James & Associates - our thanks to them for their support.

Lady Justice Simler, in a recorded speech from the Court of Appeal, gave an absorbing keynote speech discussing what makes an excellent Expert Witness and

The next session on “ethical dilemmas in expert evidence” was chaired by James Hines KC with superb commentary from Lady Justice Andrews, Christopher Coltart KC, Mrs Justice McGowan and HHJ Francis Sheridan . The judicial expertise on display here covered work from the Commercial Bar/QBD

It feels like the online conferences are now here to stay. They do work. We were very fortunate this year to have such a high powered judicial and legal line-up which allowed for contributions from those in busy practices. Although some miss direct face-to-face contact, virtual sessions are here to stay as a consequence of covid. Thank you to everybody who participated as we realise that our system of justice depends on expert evidence.

Cost of Living Crisis: What Does It Mean For Worcestershire Property Lawyers?

Midlands are worried offspring will be unable to get into the housing market compared with 66% nationally and 63% in the West Midlands

• 27% in the Midlands are worried they will fail to make mortgage repayments within the next year

• More than a third (37%) of respondents in the East of the region expect it will take significantly longer to pay off their mortgage than originally anticipated compared with 39% in the West Midlands (36% nationally)

put on hold by many firms amid the peak in property transactions following the COVID-19 pandemic.

The survey findings suggest the UK property market may face considerable challenges due to consumers’ reservations, but there are steps that can be taken now to help weather the storm.

In March, Dye & Durham commissioned an independent survey of 2,000 UK mortgage holders to understand the extent of the cost-of-living crisis and, specifically, how it is impacting shortterm spending, long-term financial planning and day-to-day budgeting.

The survey revealed a general feeling of unease and uncertainty. Nearly a third of respondents (30%) say they are worried they’ll fail to make mortgage payments within the next year.

With recession worries and rising interest rates weighing heavily on the nation’s mortgage holders, our research showed the impact not only on decisions about buying or selling homes but also on their financial wellbeing and mental health.

For conveyancing and property solicitors who rely on transaction volumes, it’s critical to identify ways to shield against volatile property market conditions and to help ease the overall anxieties of homeowners. We believe the answer lies with digitisation and adopting newtechnology.

First, let’s take a closer look at what mortgage holders in the Midlands told us:

• Those in the West Midlands are some of the hardest hit with 59% stating the cost-of-living crisis is affecting their mental health compared with 52% in the East Midlands and 56% nationally

• Two thirds (67%) of those in the East

• 50% of those in the East Midlands expect to have less money to put into savings, pensions or investments compared with 40% in the West Midlands

• 39% of mortgage holders in East Midlands said they could comfortably afford to continue paying their mortgage for just two months or less, if there was a change of circumstances for the main income earner, compared to 34% in West Midlands and 22% in London

• 55% across the Midlands have reduced the personal usage of their car to save money

It’s clear that economic uncertainties, including the effects of high interest rates, energy bills and increased costs overall, are weighing on the minds of the nation’s property owners — and the fallout cannot be underestimated.

Our survey data shows us that people across the UK are concerned about both their short- and long-term financial futures and, as such, have reduced spending, raided savings and are delaying major purchases.

What does this mean for the industry?

Many UK law firms continue to manage much of their operations via manual or resource-intensive processes, which lack the necessary ease of access, seamless case management abilities or increased security measures to be truly productive and profitable.

Strategic plans to digitise processes were

Firms that act now, while transaction volumes are lower, to examine their resources and adopt tools designed to digitise and modernise workflows — and increase productivity and profitability — will have a significant head start on their competitors once the market returns to normal.

By adopting digital practice management tools, legal professionals can spend more time on revenue-driving tasks and less on non-billable administration like case management, client intake and invoicing.

At the same time, increasing the security of information, reducing overall risk and providing a more modernised customer experience for clients can only benefit all – both now and in the future, when the market bounces back to previous levels.

If you’re interested in finding out ways you can protect your bottom line against market volatility, contact the Dye & Durham team today: http://bit.ly/3FotstY

www.dyedurham.co.uk

About the survey: Using an online methodology, Danebury Research conducted a nationally representative survey of 2,000 UK based homeowners with a mortgage aged between 18 and 65. Fieldwork was conducted from 12th February to 16th February, 2023.

Paul Clarke, UK Product Lead, Dye & Durham

Parentage via sperm donation and the matter of “consent”

The donation of sperm or eggs is a very laudable social service and demand in the UK is increasing1, albeit, sperm is in short supply for artificial insemination (AI). The service can be carried out by one of the many reputable licenced clinics recommended by the HFEA which regulates their activities and gives a great deal of clarity about consent and responsibilities towards children created from the donor sperm.2

There are, however, shocking and indeed harrowing stories about sperm donors who have fathered multiple children and we would like to explore some of the issues. The cause of disquiet is the very real possibility of inbreeding (a genetic abnormality arising from inadvertent half sibling reproduction as the result of a common father – the genetic term is consanguinity), incest and psychosocial/emotional issues in donor children. Consent, if it has been given, is often far from informed.

A recent case involves a musician in the Netherlands who has been accused of fathering more than 550 children from his “donations” which were offered via social media and to a significant number of clinics, of which 11 were in the Netherlands. The court in The Hague has recently found against him in a case brought by one of the mothers and the charity DonorKind.eu, on the basis that he lied to the clinic/mothers about his history and activities; had they known, they would not have chosen him as a donor. This judgement of preliminary relief will deter him from making further donations.3 These mothers are now faced with an extraordinary extended network of half-siblings.

There have been many other circumstances of sperm donors fathering multiple offspring, both consensual4 and adversarial.5 In the latter instance there have been multiple cases of doctor-donor conceived children in the US, with fertility fraud being documented on websites such as donordeceived.org and even Netflix.6

Many people feel it is important to know their origins, as it gives them both identity and helps them make sense of their being. The UK took a giant step in this direction on 1st April 2005 when individuals became able to identify their sperm donor, upon reaching the age of 18 (from this year, 2023). This was a result of studies which acknowledged

the need for individuals to know the identity of their biological parents and which followed up the International Convention on the Rights of the Child, adopted by the UN General assembly in 1990. This shift from anonymous to open identity sperm donors has been replicated in other countries, nearly always with limits placed on the number of times a particular donor sperm can be used. In the UK, this is 10. In the Netherlands, this is 25.7 For the genuine sperm donor and child relationship open identity is seen as a very positive circumstance. Donors are on a registry that can be accessed by the child via the HFEA, if wanted, and many people find surety in knowing their biological as well as their social father. More difficulty arises in cases of fertility fraud, where a quest to find the biological parent has often resulted in the discovery of many half siblings. The psychological and social effects on the individual are rarely taken into proper consideration and indeed, as these situations evolve, are probably not yet fully understood. There is in fact no evidence for the choice of this number relating to how many times a donor can be used and the number chosen by each country is arbitrary. 8 The primary concern seems to be the possibility of genetic disorder, which though significant is in fact less than that of a first cousin mating (taboo in many countries but not the UK or indeed to Charles Darwin himself) but in our view, more concerning is the psycho-social impact of such a large number of siblings on the individual, which after all, is unprecedented in any human society.

DNA testing technology using broad brush ancestry services (Direct to Consumer) has enabled half siblings to discover not only anonymous biological fathers, but possible other half-siblings – the use of a precision DNA test to determine the true family relationship (always recommended) enables this to be confirmed with a reliable statistical probability.9 Data indicates that from use of these tests, the discovery of nonparent expected (NPE) events (that one or more parent is not biological) ranges from 4-12 %. Whilst there are of course other explanations, one of these is that social parents have not discussed with the child the circumstances of their conception. The evidence suggests10

that donor conceived children often have difficulty (often seeking help) coming to terms with; a) the nature of their conception, b) the efforts to find a biological parent and c) their reaction upon hearing about it. This is particularly acute if they discover that the father has sired many children.

Regarding consent, then the DNA testing technology that is now available for tracing biological relatives was not available when many of the donor conceived children were actually conceived. As we know it now, informed consent would have been impossible at that time and many of the issues since raised are very new to science, society and law. Genetic technology is changing fast and information is coming to light so quickly, that it is impossible to give informed consent in the present (informed consent has only even been relevant in the precise time window it is given, and can only be based on the state of knowledge at that precise time). By sequencing individual human genomes, we can reveal information relating to genetic disease that was unknown; sometimes these are late onset disorders and/or could not be known or predicted at the time of conception. Other times, we (or more specifically the direct to consumer client) will have the genetic information and either not know or be in a position to know how it relates to disease or the prediction of characteristics. The fact is of course, that we are all genetically predisposed to something, as much as we can be genetically protected from the very same things.

Donor conception is a delight to many – but the emergence of fertility fraud has raised several important questions, for which there are simply not enough informed counsellors. Maybe, given the vast data sources, artificial intelligence (AI), has a role to play in AI after all.

About the author: Dr Neil Sullivan, BSc, MBA (DIC), LLM, PhD is General Manager of Complement Genomics Ltd (trading as Dadcheck®gold).

Complement Genomics Ltd (trading as

Dadcheck®) is accredited by the Ministry of Justice as a body that may carry out parentage tests directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969.

Please see: https://dadcheckgold.com

Tel: 0191 543 6334

e-mail: sales@dadcheckgold.com

Notes

1 https://www.hfea.gov.uk/about-us/publications/researchand-data/trends-in-egg-sperm-and-embryo-donation-2020/

2 https://www.hfea.gov.uk/choose-a-clinic/consent-totreatment-and-storage/

3 https://nltimes.nl/2023/04/28/court-orders-sperm-donor550-kids-stop

4 https://www.theguardian.com/science/2018/nov/24/spermdonor-man-who-fathered-200-children

5 https://www.nbcbayarea.com/investigations/doctor-spermdonor-cases-fertility/3148093/

6 https://www.netflix.com/gb/title/81227735; https:// donordeceived.org/

7 https://doi.org/10.1016/j.fertnstert.2007.06.020

8 doi:10.1093/humrep/deq038

9 https://dadchecksilver.com/sibling-tests/

10 https://bioethics.hms.harvard.edu/journal/donor-technology

Border Wars

I have banged on for ages about the stupidity of going to law over border disputes. And I’m not talking about Russia invading Ukraine, or China’s campaign to take over Taiwan. No, much closer to home, I have in mind the passions which can be aroused when next-door neighbours argue over where exactly the border falls between their two properties.

When passions flare up, all sorts of problems arise. One is that the border between adjacent houses on an estate is rarely defined accurately. Ground workers take a cavalier approach, and it’s no good relying on “the area bordered in red” on the Land Registry plans, since that line when scaled up may be a metre or more wide in real life. If a border is not defined accurately, a houseowner may have difficulty selling their house because they cannot say exactly what land is for sale. And passions continue to run because protagonists can never get away from the “enemy” next door. But going to law can be terrifying expensive.

Let us look at some examples from my mediations.

The first concerned a row of detached houses, “little boxes on the hillside made of ticky tacky”. There was Mr Left’s house and a drive, then Mr Right’s service strip and house with a drive to its right, and so on up the hill.

Mr Left wanted to construct a garage over his drive with a bedroom over, but there was doubt about where exactly the border lay between his drive and the service strip. Mr Left asked Mr Right if he could construct his extension up to the edge of the service strip rather than the mid-point of the low dividing wall. Mr Right adamantly refused; but when he was on holiday, Mr Left built the shell of the extension nevertheless.

During the mediation, I knew we were in trouble when Mr Right produced a photograph of the two houses, showing where he believed the boundary lay. Interestingly, there was a bedsheet draped out of the bedroom window, painted with a Union Jack and “Welcome Home, Gary”. To be friendly, I asked “Who’s Gary?” to be told that he was his only son, now dead, a soldier killed in the first Gulf War, and Mr Left had encroached on the “sacred” land where he had played with Gary as a child.

After fierce negotiations, Mr Left agreed to pull down the extension and rebuild it two inches narrower. That would have been a good result, except that Mr Right said that he must have been Right (!) all along, so he wanted his costs. Mr Left had no money. The mediation failed, and no doubt the dispute rumbled on, with huge legal costs and destroyed relationships; but we got so close.

The second example concerned a pair of bungalows on a smart estate. In the first was a chap who had bought his bungalow when new, and the second had been occupied by an old lady now deceased. The chap used to help the old lady with light gardening, but when she died he encroached onto her drive by laying paviours about 6 inches onto her drive. Then the second bungalow was bought by two young ladies, who objected and wanted the full width of their drive to be restored.

Two themes developed. The first was that one of the young ladies was a taxi driver, and she generally finished her shift at 10.00pm, putting her taxi up the drive and closing the gate, which happened to be fixed to the front corner of the first chap’s bungalow. The effect was that the chap heard a loud bang through his wall, every night just as News at Ten was starting. He was not pleased.

But worse, it emerged that the two young ladies were gay, and the chap wasn’t going to have people like that on his estate. So he had gone round all the neighbours to persuade them to make the ladies unwelcome, but all the neighbours said they were a delightful couple, and were welcome on their estate. This did the chap’s temper no good at all!

When mediating I couldn’t change the chap’s attitude to gay people, so I concentrated on the gate. Late at night I ended up on all fours, designing a gate with an acoustic break, using the torch on my iPhone. The dispute settled, but it could have been very nasty.

With the third and final example there were similarities, but the major issue was legal costs. Here, the adjacent houses shared a drive, but each wanted to define their half of it. One side had done so by laying paviours (again!) which allegedly encroached on the other’s drive. Both sides had so far spent over £10,000 on solicitors and on experts’ reports, none of which came to any firm conclusions. And each side independently had an estimate of further costs to trial, if the mediation failed, of £50,000 – each!

Chris Makin

If the matter had proceeded to a full hearing, the losing side would have faced a costs order of £100,000 or so, meaning that they would likely have had to sell their house to pay those costs. How stupid is that?

The mediation settled, as it had to. The outcome is less important than that mediation allowed the parties to get off the merry-goround and their homes were no longer at risk.

Sir Alan Ward is a mediator, latterly chairman of the Civil Mediation Council, and for many years before a Court of Appeal judge. I have mediated with him in his very first mediation, and he was excellent. But on the bench he saw too many of these Border Wars, and we would all be wise to have regard to what he said about border disputes:

“This is another of that hideous form of litigation called the boundary dispute, a form of litigation which is best not pursued. Just how much is this stupid piece of land worth? What you are arguing over is a few rhododendron bushes. If you live in St Georges Hill, you’ve got money to throw away, presumably. But why throw it away like this? You’re all potty. Disputes of this kind are a most hateful form of litigation; go away and sort it out.”

That says it all!

Biog: Chris Makin has practised as a forensic accountant and expert witness for 30 years, latterly as Head of Litigation Support at a national firm. He has given expert evidence about 100 times. He also performs expert determinations.

Chris is a fellow of the Institute of Chartered Accountants where he has served on the Forensic Committee, and as an ethical counsellor; he is a fellow of the Chartered Management Institute, a fellow of the Academy of Experts where he serves on the Investigations Committee, and a mediator accredited by the Chartered Arbitrators.

He practises as a mediator, from his home in West Yorkshire and his rooms at 3 Gray’s Inn Square, London WC1R 5AH, telephone 020 7430 0333. He has mediated 100+ cases so far, on a huge range of subjects, with a settlement rate to date of 80%. For more see his website with videos:

www.chrismakin.co.uk

chris@chrismakin.co.uk

Groundsure to offer conveyancers climate risk training in conjunction with Legal Eye

data and the right approach to using it. They can't go beyond this in terms of advice on climate issues, but they can ensure that their conveyancing team is de-risked and alive to the need to incorporate commentary on any risks. The new Groundsure module on our Training Academy platform provides an effective, high-level way to provide accessible certification on climate risks in the property transaction and how to mitigate them. It reflects the importance of keeping up with the changing regulatory landscape and that all staff are well-informed and understand their dayto-day responsibilities in terms of the conduct of matters.”

Groundsure is entering into a training partnership to deliver certification content with compliance services and risk management provider Legal Eye.

Groundsure, an environmental and climate data authority, will provide training and education for legal teams on climate risks and the duties they owe their clients via a module hosted on Legal Eye’s Training Academy platform.

The online tutorial explains the latest guidance from the Law Society and will walk legal practitioners through the importance of incorporating climate analysis within their overall environmental search reporting. It will also identify existing data and drafting tools that can assist with a consistent approach to client communication. This will help teams explain any risk effectively to both the client and — if valid — the lender.

Once the module, Climate Risks in Conveyancing, is complete, lawyers will be tested on the content. If they pass, they will receive a certificate of competence which can be held on their training record.

David Kempster , Groundsure’s marketing director, said: “With property transactions representing a high compliance risk area already and with the value of assets at stake in the future, climate risks are areas that will become of increasing fiduciary concern to partners, COFAs and COLPs. Now that the Law Society has released its guidance on climate risks, there is more of a focus than ever on how firms are communicating risks to their clients.

“That’s why we’ve developed this training programme: it reflects the Law Society’s call for better support and education on climate risk for lawyers — both from their original Climate Resolution and also now in the Guidance. The module, which can be delivered as and when teams need it, will walk legal practitioners through the need to incorporate climate analysis into their overall environmental search reporting as well as how to use the tools available, such as climate clauses, so they can be consistent in their approach to client communication.”

Paul Saunders , managing director of Legal Eye, said, “To give their clients compliant information that can be relied on consistently, firms need both the right

About Groundsure: Groundsure is the leading UK environmental and climate data authority. It gives land and property professionals expert information on risks including land contamination, flooding and ground stability, as well as forecast guidance on potential climate risks.

About Legal Eye: Legal Eye works with law firms, providers of legal services and other corporate industries to ensure compliance and optimise performance. Their experienced team of former solicitors and directors in law firms, regulatory assessors and Heads of Risk, ensures that the range and breadth of expertise and skills is second to none in the risk and compliance professional services environment.

For further information: James Staunton, 07903207726, james@aircoverpr.co.uk

Let’s talk about anxiety in the legal profession

Anxiety is the theme for this year’s Mental Health Awareness Week (MHAW). It is a chance for the legal community to talk about the common experience of anxiety so that we can all recognise the signs and know where to turn to for support.

Working in the legal sector can be stressful and demanding, and it’s not uncommon for legal professionals to experience anxiety as a result. Anxiety describes feelings of unease, worry and fear. It incorporates both the emotions and the physical sensations you might experience when you are worried or nervous about something. Anxiety is related to the ‘fight or flight’ response – our normal biological reaction to feeling threatened.

Everyone knows what it’s like to feel anxious from time to time. It’s a normal human response to feel tense, nervous and perhaps fearful at the thought of a stressful event or decision you’re facing – especially if it could have a big impact on your life. You might even find it hard to sleep, eat or concentrate. Then usually, after a short while or when the situation has passed, the feelings of worry stop. It’s sometimes hard to know when it’s becoming a problem

for you – but if your feelings of anxiety are very strong, or last for a long time, it can be overwhelming. You might find that you’re worrying all the time. You may regularly experience unpleasant physical and psychological effects of anxiety, and maybe panic attacks.

Recognising the signs of anxiety

• Panic, fear, and uneasiness

• Sleep problems

• Not being able to stay calm and still.

• Cold, sweaty, numb or tingling hands or feet

• Shortness of breath

• Heart palpitations

• Dry mouth

• Nausea

• Tense muscles

• Dizziness

• Overeating

Tips for managing anxiety

• Focus on the here and now - what is actually happening in this moment. Is there another perspective?

• Talk to people about your feelings – ask them for feedback.

• Keep a list or folder of your achievements and look at it when you need to.

• Talk to yourself as you would a friend.

• Distract yourself from your thoughts –read a book, take some exercise, see a friend, do something you enjoy.

Finding support

If you are worried about your anxiety, or if it is persistent, it is important to see your GP. Many people find counselling and CBT (cognitive behaviour therapy) helps with anxiety. Mindfulness can also help calm the mind - check out the Headspace website or app for more information.

For more information and emotional support call LawCare‘s confidential helpline on 0800 279 6888 or visit www. lawcare.org.uk.

During MHAW, on Thursday 18 May starting at 12.30pm, LawCare is hosting a free webinar about anxiety. During this hour-long event you will hear from a panel of legal professionals, who will share their personal experiences of living with anxiety and their strategies for managing it. Book your free place: https://www. eventbrite.co.uk/e/lets-talk-about-anxietytickets-619743338007

Book Reviews

GOFF

AND

JONES

ON UNJUST ENRICHMENT

Tenth edition

Edited by Charles Mitchell KC, Paul Mitchell, and Stephen Watterson

ISBN 978 0 41410 191 3

SWEET AND MAXWELL/ THOMSON REUTERS

The Common Law Library

www.sweetandmaxwell.co.uk

GROWING INTEREST IN THIS ELEMENT OF GREED WITH THE NEW TENTH EDITION OF “GOFF AND JONES”

What a book! “Goff and Jones on Unjust Enrichment”, now in its tenth edition, remains the leading work on the law of unjust enrichment. Successive editions have played a major role in establishing the central importance of the subject for private and commercial lawyers and developing its key concepts and principles. We now have this latest offering from editors Charles Mitchell KC, Paul Mitchell, and Stephen Watterson.

The text is comprehensive in coverage and written by highly respected scholars who explain all of the rules governing claims in unjust enrichment (sometimes known as restitution). They discuss how these rules have been applied through a detailed examination of major case-law authorities. This book is frequently cited in courts throughout the Commonwealth, and it continues “to signpost future developments in the field of restitution”.

For practitioners, general features included here are an analysis and explanation of the theory, principles, and practical

application of unjust enrichment. The intention of the writers is to show how the rules are applied by the courts through detailed discussion of caselaw.

The new edition is organised to meet the precepts established by the senior appeal courts. It examines in turn the following: when claims are barred because the Defendant’s enrichment is justified by a legal ground; when a Defendant is enriched; when the enrichment is acquired at a Claimant’s expense; when the enrichment is unjust, what defences may be available, and what remedies (nearly always very low) may be awarded by the courts.

What we get as practitioners and academics with this book is a combination of lucid explanations – the hallmark of the Sweet and Maxwell Common Law Library - together with the theoretical concepts and excellent practical advice about pleadings. The work remains heavily relied on by practitioners today and is frequently cited in court, written by a well-known and highly regarded team of subject experts which is the house-style of Sweet and Maxwell.

The new 10th edition is completely up-todate and contains detailed discussion of important decisions since the last edition. Several chapters have been wholly or substantially rewritten to take account of significant new cases, and their impact on topics including the recovery of benefits from remote recipients. It looks at the recovery of benefits transferred on a condition that fails, the recovery of “ultra vires” (beyond the powers) payments by public bodies and discusses the limitation rules governing claims in unjust enrichment and interest awards on such claims.

The 10th edition deals with six key matters in relation to making a claim. For legal advisers it explains how a claim in unjust enrichment can be precluded where the Defendant’s enrichment is mandated by a statute, judgment, natural obligation, or contract.

The editors analyse the principles governing the identification and valuation of enrichment and explains how these apply to claims for different types of benefit. Also, they consider the requirement that a Defendant’s gain has been acquired at the Claimant’s expense. Thank you, Sweet and Maxwell, you make our lives so much easier with these publications.

The new hardback edition of “Goff and Jones” was published by Sweet and Maxwell for the Common Law Library on 16th December 2022.

MANN AND PROCTOR ON THE LAW OF MONEY

Eighth Edition

By Charles Proctor

ISBN 978 0 19880 492 5

OXFORD UNIVERSITY PRESS

www.oup.com

FILTHY LUCRE REVISITED!

What a book for bankers! “Mann and Proctor on the Law of Money” has been with us for a long time, being first published in 1939, and now appearing as the eighth edition from Charles Proctor. We are most grateful to Oxford University Press for continuing to publish this work as it has a special standing in monetary law for both lawyers and economists.

The title remains the premier work on monetary law obligations and monetary conduct now for the eighth edition in 2023. It’s the only comprehensive treatment of both public and private law of money from English, European, and

Appreciations by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator

international law perspectives, providing a single source dealing with all issues relating to monetary law. We believe it will be of interest to both experienced lawyers and those new to monetary policy for its fresh insights on money.

The book reviews current and controversial legal matters in detail. It includes a formidable analysis of the issues which arose from the shameful financial crisis, such as the legal aspects of quantitative easing which remains a hot topic of fiscal controversy- how we would all love to print as much money as possible to get ourselves out of debt (by increasing it). It is a carefully structured book examining all the main topic areas, permitting advisers to obtain direct access to sections which will be relevant to their interests and the

problems of their clients.

Charles Proctor has included some useful information for the practitioner here with the eighth edition. He has updated the material to explain most recent developments in the law of money, such as the award of interest by way of damages following the decision in Sempra Metals as just one example of many detailed caselaw authorities.

Practitioners are also given an excellent analysis of the consequences of Brexit for monetary law which educates rather than pontificates on this generational change in the UK’s position within the global community. We found that there is a useful discussion of the impact of virtual currencies such as Bitcoin on the definition

of 'money'- currently a controversial area for many economists.

The book also considers 'currency wars', and a further analysis of legal restrictions against the manipulation of the international monetary system. It offers coverage of issues concerning central banking with significant updates on both the continuing role of the International Monetary Fund (IMF) and the European Central Bank (ECB) in relation to the Greek crisis. There is a most useful examination of the monetary law consequences of hyperinflation in Zimbabwe (formerly Rhodesia).

The new hardback eighth edition was published by Oxford University Press on 13th January 2023.

Finders International: Leading the world of Probate Genealogy

Q1. What does Finders International do and what services does it offer?

At Finders International, we are a probate genealogy company that specialises in tracing heirs to estates, properties, and assets worldwide. We offer a range of global research and support services, including locating missing legatees and beneficiaries all over the world, obtaining family documents, carrying out overseas bankruptcy searches, missing will searches and handling the difficult aspects of overseas assets such as multi-jurisdictional share portfolios, as well as carrying out all important family tree verification work for Statutory Will Applications. Our clients include solicitors, estate administration professionals, and financial institutions in the private sector, as well as local authorities, coroners, and hospitals in the public sector.

been honoured to be featured on BBC 1’s Heir Hunters for five series and over 70 cases, as well as winning multiple awards, including Best Probate Research Firm of the Year at the Probate Research Awards for the past four years.

Q3. How has Finders International’s appearance on BBC 1’s Heir Hunters impacted business, and have you seen an increase in inquiries?

Our appearance on BBC 1’s Heir Hunters has raised the profile of probate genealogy among the public and helped them understand a previously unknown niche area of work. We receive numerous inquiries from people interested in delving into their family history, and some of the stories they share are of real historical interest. Additionally, we have had stories relating to beneficiaries in the press, demonstrating the continued interest that the public has in their family history and how it ties into the world of probate genealogy.

members or reclaim family heirlooms. Additionally, as a founding member of the International Association of Professional Probate Researchers, Genealogists and Heir Hunters (IAPPR), we are dedicated to raising the standards of our industry and promoting best practices. Overall, our commitment to excellence, professionalism, and client satisfaction is what sets us apart from other probate genealogy companies.

Q5. What are your plans for the future of Finders International?

At Finders International, we are always looking for ways to improve our processes and better serve our clients and beneficiaries. Our plan for the future is to concentrate on improving our services by investing in new technologies and training for our staff.

Q2. What are the biggest highlights of Finders International’s 26 years of existence?

Finders International was founded in 1997 by our MD, Danny Curran, in a small office in Southwest London. Since then, we have experienced tremendous growth, expanding to over 150 personnel across four offices in North London, Yorkshire, Edinburgh, Dublin, and Sydney. As an unregulated industry, we have always focused on raising the standards of our industry and have looked to selfregulate as much as possible. We are proud to be a founding member of the International Association of Professional Probate Researchers, Genealogists and Heir Hunters (IAPPR), an international organization representing elite firms across the world. Additionally, we have

Q4. What sets Finders International apart from other probate genealogy companies?

At Finders International, we believe that our commitment to excellence and our dedication to our clients sets us apart from other probate genealogy companies. We understand that dealing with estate and asset matters can be a difficult and emotional process, which is why we approach every case with empathy, professionalism, and attention to detail. Our team of highly skilled researchers and support staff work tirelessly to locate missing beneficiaries, assets, and wills, ensuring that our clients receive the best possible service. We are also proud to offer a range of pro-bono services, helping people reunite with lost family

We also recognise the vital role we play in helping legal professionals through the difficulties that can occur during the administration of an estate. We want to continue building strong relationships with our clients and help align the two industries of probate genealogy and legal practice by working together to promote best practices, ethical standards, and transparency.

Overall, we are committed to remaining at the forefront of the probate genealogy industry, providing exceptional service to our clients and helping families around the world discover their past and secure their future.

If you would like further information on Finders International and the services they provide, visit their website www.findersinternational.co.uk, call 0800 085 8796 or email quotes@ findersinternational.co.uk.

Danny Curran