WLS Annual AGM & Quiz
ALSO: • University of Worcester: Research in 2025 • Dyslexia in the Workplace • Time to Step Up • & more...
This edition...
Elizabeth
Greens Solicitors elizabeth.miles@greenssolicitors. org
Laura Osborne Administrator Headturner Search laura@headturnersearch.co.uk
Nick Hughes Committee Member HB 121 Solicitors nah@hb121solicitors.co.uk
Vishal Mahay Committee
Waldrons Solicitors Vishal.Mahay@waldrons.co.uk
James Osborne
Harrison Clark Rickerbys josborne@hcrlaw.com
Amy McGowan-Docherty Editor of The Pears magazine Harrison Clark Rickerbys amdocherty@hcrlaw.com
Georgina Groves Committee Member Harrison Clark Rickerbys ghunt@hcrlaw.com Jenny Watkins Committee Member University of Worcester jenny.watkins@worc.ac.u k
President’s Introduction
Dear Members,
Well, summer is almost upon us, if I were a pessimist I would say that its actually been and gone, as I’m typing this whilst seriously considering popping the heating back on!
Thank you to all who attended the AGM and quiz at Boleros, with a huge thank you to our sponsor St Ives Chambers, I hope everyone enjoyed the evening, it was well attended and with some new faces, it was really lovely to see so many firms attending.
Coming up we have the Pimms and Croquet – book your tickets as soon as you can as it is always a popular event, swiftly followed by our Awards evening on 12th September at The Bank House. Nominations are now open so please, do consider who has shone particularly brightly in the last 12 months, whatever their role, as celebrating people who have really gone the extra mile to help our clients is a really heartwarming event.
Don’t forget to nominate barristers who you have worked with who you feel
deserve to be in the spotlight, those of us who work in tandem with Chambers and Counsel know the value of the relationship, and how picking the right person for the job really does make a difference to not only a client’s case, but their lives.
With all the issues that lawyers are having around the globe at the moment, I’m trying to take some solace in believing that the Rule of Law is being upheld with work we all undertake and how we comport ourselves and that the integrity of the profession is safe, at least in our corner of the world.
Liz Miles, President, Worcestershire
Law Society, 2024-2025
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Bradley Haynes Law Celebrates the Qualification of Two New Solicitors
Bradley Haynes Law is proud to announce the qualification of Haranjit Singh Kalket and Samantha Evans as solicitors in March 2025, marking an exciting milestone for both individuals and the firm.
Haranjit Singh Kalket
We are delighted to welcome back Haranjit Singh Kalket to our Residential Property team following his admission as a solicitor on March 5th, 2025.
Haranjit’s legal journey began at the University of Worcester, where he completed his LLB (Hons) in 2021. He went on to earn both an LPC and LLM from the University of Law in 2023.
During his training contract with Bradley Haynes Law, Haranjit undertook a variety of seats and developed a strong interest in Residential Property. Alongside his legal contributions, he has played an active role in the firm’s internal culture, leading several well-being and crosscultural initiatives. His return brings not only legal expertise but a continued commitment to the values that shape our firm.
“I am absolutely delighted to have accomplished one of my biggest achievements in qualifying as a solicitor. I am truly excited to re-start my professional journey with Bradley Haynes Law and develop the Residential Property department. I am also thrilled to continue
my role as a Wellbeing Champion with the business as we are firm believers in Health & Wellbeing practices within the workplace”
Samantha Evans
We are equally thrilled to congratulate Samantha on qualifying into our Residential Property Department. A proud native of Wales, Samantha joined us during her final year at the University of Worcester, impressing the team during her placement. After graduating with first-class honours, she continued her journey with us as a paralegal while pursuing a master’s in professional legal practice at The University of Law, where she graduated with distinction.
Throughout her training, Samantha has demonstrated exceptional dedication, professionalism, and a keen legal mind. Her progression from student to solicitor is a testament to her talent and the supportive environment we strive to create for our future legal professionals.
“I’m really grateful for the strong link between Bradley Haynes Law and the University of Worcester- it gave me the chance to get my ‘foot in the door’ and gain invaluable experience early on. That opportunity has helped guide me all the way up the ladder to qualifying as a solicitor in a team I know really well and enjoy being a part of”
Words of Support from Lisa Johnson, Head of Property Services at Bradley Haynes Law:
It has been an absolute privilege to witness both Haranjit and Samantha grow into the solicitors they are today. Their dedication, professionalism, and positive energy have made a lasting impression on everyone in the department, and on me personally.
Haranjit brings a unique blend of legal acumen, professionalism, and team spirit to everything he does. Throughout his training, he consistently demonstrated a strong aptitude for property law and a thoughtful, client-focused approach. His return is a real asset to the team, and I have no doubt he’ll continue to make a significant impact on our clients and the firm’s culture.
Samantha’s journey has been equally impressive. From the very beginning, she showed a clear passion for the law and a strong commitment to her development. Her ability to deliver high-quality work, adapt quickly, and approach challenges with confidence has been remarkable. I’m incredibly proud of what she’s achieved so far and excited to see her continue to flourish as a solicitor.
HCR Law Insurance and Risk shortlisted at the British Insurance Awards 2025
HCR Law’s Insurance and Risk practice has been announced as a finalist at the British Insurance Awards 2025 in the Best Newcomer category.
Delivered by Insurance Post, the British Insurance Awards celebrate excellence across the industry, recognising the game-changers, innovators, and industry leaders making a significant impact. The Best Newcomer Award acknowledges outstanding new entrants to the insurance market that have made a notable difference in recent years.
Haranjit Singh Kalket
Samantha Evans
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Since its launch in 2022, HCR Law’s Insurance and Risk team has been committed to redefining client service in the sector. Led by Jonathan Edwards, the team introduced a fresh approach centred entirely on client needs, aligning with the firm’s wider client-centric approach.
Led by client demand, the team has increased considerably in size since the launch. Today, the team advises leading insurers, across a broad range of matters - from policy reviews and claims resolution to crisis management and regulatory investigations.
Jonathan Edwards, Head of Insurance and Risk commented: "To be named as a finalist at the British Insurance Awards is just incredible, we couldn’t be happier or prouder. This recognition reflects the incredibly exciting journey our team has been on since launching just a few years ago. Congratulations to all the finalists, and a heartfelt thank you to our clients for their continued trust and support. We look forward to celebrating the achievements of the industry at the awards - and of course, we’ll be keeping our fingers crossed!"
The winners will be announced at the awards evening, which takes place at the Royal Albert Hall on Wednesday, 9 July.
HCR Law Strengthens Regional Presence with Largest-Ever Promotion Round
Top 60 UK law firm HCR Law has announced significant UK-wide regional growth.
In the largest promotion round in its history, HCR Law has promoted 87 lawyers and support professionals across all legal disciplines and within the firm’s 10 offices, reflecting the firm’s commitment to recognising talent and strengthening its presence across England and Wales.
Within the promotion round, 10 new Partners have been announced by HCR Law. Among them is Tom Williams who has built his career at HCR Law since joining as a paralegal over 15 years ago and, from 1 April becomes a Partner in the Dispute Resolution team. Similarly, Paul Grundy has been promoted to Partner in the Restructuring and Insolvency division. With over 20 years at the firm, he has developed a strong focus on the education sector.
The promotions span all levels, including nine newly qualified solicitors who completed their training contracts in March. Among them is Olivia Mitcham who alongside her legal career balances her role as a striker competing in the Women’s National League, Division One, for Worcester City Women’s Football Club.
Across HCR’s full-service offering, Private Client’s growth has been recognised, with 18 colleagues being included in the firm-wide promotions. This includes Nia Griffiths, who steps into the role of Partner, and becomes the third Private Client Partner in HCR’s growing Wales office in Cardiff.
Rod Thomas, Managing Partner commented: “I am delighted to share today’s announcement. Each of the 87 promotions represents an individual story of dedication – of professionals who have honed their expertise while delivering a client-focused approach. Many have built their careers at HCR Law. Their journeys are a testament to our firm’s commitment to nurturing talent and providing an environment where people can grow and thrive.
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“As an independent law firm, we remain dedicated to fostering a culture built on a passion for people. Congratulations to each and every one of them – I look forward to seeing their careers continue to flourish at HCR Law.”
Law firm steps up to support its future boxing star
Worcestershire law firm mfg Solicitors is set to play a role in helping one of its trainee solicitors take the next step in his professional boxing career.
The local law firm is supporting trainee corporate solicitor Oscar McCracken, who is taking part in a welterweight contest on 14 February at the Holiday Inn near Birmingham Airport. The firm will be sponsors for his fight at the fivecontest event - his third professional fight after winning his first two bouts.
The 25-year-old began his two-year training contract at mfg Solicitors in September 2024 and when he qualifies in 2026, the former University of Worcester student will become the UK’s first ever qualified solicitor and boxer.
Oscar comes from a respected boxing family. His father is a former professional boxer and current trainer, and his uncle Rob McCracken CBE, is credited for training champions such as Anthony Joshua and Carl Froch
Oscar said: “It means so much that the firm has chosen to support me for my next fight. Boxing is in my blood but I’m also committed to having a successful legal career and I’m loving my training contract so far. To have the backing from all my colleagues at mfg Solicitors really does make it extra special for me.
I couldn’t be happier to be part of such a fantastic firm.”
Clare Lang, partner at mfg Solicitors said: “Oscar has made a big impact since he joined us last year and is showing real promise. We love that he has such a unique story and we are all fully behind his boxing career.”
“Sponsoring his next fight is a part of our support for him and we can’t wait to watch him extend his unbeaten record.”
Attracting national attention for his unique career path, the trainee lawyer has taken on the nickname ‘Oscar De La Lawyer’ – partly in homage to the great multi-weight fighter Oscar De La Hoya who he is named after.
A Season of Success at Waldrons
This spring has been a significant period of development across Waldrons, marked by a series of staff promotions, team achievements and professional recognition.
At the centre of these developments is a focus on progression. Vishal Mahay and Jessica Bird have both been appointed as Directors, joining the Board as Waldrons looks ahead to the next phase of its growth. Vishal will now lead the Business
Services Team, following a strong year in Dispute Resolution. Jessica continues her work in the Private Client Team and will take on further responsibilities through the Lexcel Team.
Courtney Stephenson has been promoted to Associate. Having trained at Waldrons, Courtney has played a key role in the Corporate Team and is actively involved in business development and client engagement.
Several others have taken important steps in their early careers. Christine Joy Goco and Chloe Rainey have begun their training contracts in the Care and Personal Injury Teams. Alissa Dola has joined the Clinical Negligence Team, and Emma Heseltine continues to develop her work in Residential Conveyancing. Nazma Khatun has been promoted to Junior Paralegal in Dispute Resolution. Olivia Shaw Francesca Farley and Ellie Dovey have also started new roles as Apprentice Paralegals in the Family, Crime and Private Client Teams.
Joseph Norton, Managing Director, said: “It’s important to acknowledge the contribution of individuals at all stages of their careers. These recent changes reflect the hard work and commitment shown across the firm, and we are pleased to support that progression.”
Oscar McCracken
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In March, the Conveyancing Team completed 196 residential property transactions, a record for the firm. This surge in activity was driven by clients seeking to finalise purchases ahead of changes to Stamp Duty Land Tax (SDLT) introduced in April. Teams across conveyancing, accounts and administration worked together throughout a demanding period to meet deadlines and support clients through the process.
Separately, three members of the Private Client Team, Dawn Cash, Jessica Bird and Tasbiah Shoaib, have been awarded accreditation by The Association of Lifetime Lawyers. This national recognition highlights specialist legal support for older and vulnerable clients and reflects further professional development in areas such as wills, powers of attorney and estate planning.
On a separate note… Waldrons are hosting our annual Care Seminar at the Black Country Living Museum on the 17th June from 17.30 to 19.30 and this year’s theme is Domestic abuse – The law and the experience.
We’ll be gathering at the historic Workers Institute at the Black Country Living Museum from 5.30pm to 7.30pm and you and your colleagues are welcome to join us.
You’ll hear from:
• Patrick Sheedy, Director at Waldrons Solicitors
• Matthew Fiddy, Barrister at St Ives Chambers
• Sara Ward, CEO at Black Country Women’s Aid
Together, they’ll explore how domestic abuse manifests in many forms, not just physical violence but coercive control, psychological and financial abuse, digital harassment and more and how the law and care systems respond, where they fall short and what more can be done.
It’s aimed at social workers, guardians, solicitors, barristers and professionals who see the impact of abuse from many different angles.
There’ll be a fish and chip supper, drinks and time to network.
If you and your colleagues wish to attend or if the timing syncs with this publication and if there’s space, we’ll be grateful if you can include it in there too. The link to register is: https://www.eventbrite. co.uk/e/domestic-abuse-the-law-andthe-experience-tickets-1323568261299
Appointment expands law firm’s Property Litigation team
Law firm mfg Solicitors has added to its respected Property Litigation department with the appointment of a new specialist solicitor.
Litigation expert Claire Liddy has bolstered the firm’s Property Litigation team, joining as a solicitor. Based at mfg’s Bromsgrove office, she will work alongside partner and head of department, Kirsten Bridgewater, as well as experienced partners Harjie Bindra and Kevin Morgan, and senior associate Stephanie Rushfirth
Claire will handle a variety of matters including boundary and co-ownership disputes, restrictive covenants breaches, adverse possession claims, trespass, lease renewals and interference with property rights, such as rights of way and prescriptive rights.
She is also joined at the firm by recently appointed Worcester-based paralegal, Bruce Rodford, as the department expands to a team of nine fee earners.
Kirsten Bridgewater, partner and head of department said: “Claire is a superb solicitor and is already proving to be a fantastic addition to our growing team,
managing a wide range of property litigation matters.
“She worked in conveyancing for 12 years prior to moving into litigation, so brings with her the added expertise. Claire now specialises in all aspects of property-related disputes and will add yet more drive and experience to the team. I look forward to her contributing to our success in the months and years ahead and continue our focus on providing the best possible service to our clients.
“I am also delighted to welcome Bruce to the team, adding further to our strength and depth at our Worcester office.”
Claire Liddy added: “It’s a wonderful opportunity to join a firm which has such a tremendous reputation both regionally and nationally. I’m excited to be joining at such a key period of growth and working alongside the team, I hope to bring a calm, measured approach and
use my experience to help our clients find practical solutions to the property issues they face.”
Readers looking for further information on the firm’s Property Litigation offering can visit www.mfgsolicitors. com, or email Claire through claire. liddy@mfgsolicitors.com
mfg Solicitors unveil new monthly networking event
Law firm mfg Solicitors has launched a new networking event in Worcester as it looks to connect professionals from sectors across the city.
The monthly, invite-only event, will be held in the city’s Piston Distillery, with each event offering a different networking and business development opportunity.
The first event, hosted by senior
partners from the law firm, saw over 70 guests attending.
Clare Lang, partner at mfg Solicitors said: “Our new networking event will be held on the last Thursday of every month and will offer great quality networking opportunities for professionals and business owners across the local area.
“We want to help reinvigorate networking in Worcester which has reduced considerably since the Covid pandemic. The first event was superb and I look forward to watching it help connect likeminded businesses throughout this year.
“We’re delighted the team at Piston Distillery have partnered with us and it’s a stunning venue in the heart of the city.”
The next event will be held on Thursday 27th February. Readers interested in attending, can email elizabeth. armstrong@mfgsolicitors.com
Research at the University of Worcester’s School of Law: Research in 2025 and Upcoming Events
Research continues to be a core part of colleagues’ work at the University of Worcester’s School of Law. This segment shares the recent research activity in the School and highlights three upcoming events which are open to all members of the legal community.
The Constitutions, Rights and Justice (CRJ) Research Group, directed by Principal Lecturer, Dr Chris Monaghan, has submitted evidence to three parliamentary inquiries on rehabilitation and resettlement in prisons, the rule of law, and treaty scrutiny. These submissions were the result of collaboration between members of the Group and will inform Parliament’s scrutiny of Government policy in these areas.
Colleagues have also been actively involved in publishing and disseminating research. Recent publications include:
• Aisha Shah, ‘The Rule in Ex parte James’ (2024) 140 Law Quarterly Review 595-619. Aisha’s article was cited extensively in Lennon & Anor v Health Care Resourcing Group Ltd (Re HCL Social Care Ltd) [2024] EWHC 3034 (Ch) at [36].
• Nicola Monaghan, Watson
Directions: R v AZT [2023] EWCA Crim 1531 (2025) Journal of Criminal Law. The 8th edition of Nicola’s Criminal Law Directions was also published with Oxford University Press on 1st May 2025.
• Chris Monaghan ‘Tackling breaches of the House of Commons lobbying rules by a UK politician and Article 8 of the ECHR’ (2025) European Human Rights Law Review, (2). pp. 221-229. Chris’s edited collection, ‘Leading Works in the History of the Constitution’, will be published with Routledge in August 2025. See details below to attend the book launch, featuring a keynote from Baroness Hale of Richmond DBE
• Josie Welsh, ‘‘[No audible response]” – is not how the Lady Chief Justice leads her judiciary’, U.K. Constitutional Law Blog (1st April 2025). Josie’s forthcoming book, ‘Judicial Power in Theory and Practice: A Legal and Political Analysis’, will be published with Routledge in 2025.
• Michelle Clarke, ‘Over 100 police officers are assaulted every day’ in 50 Facts Everyone Should Know About the Police. Edited by John Lamb, Max Hart, James Treadwell, Adam Lynes and Craig Kelly (2025) Bristol University Press. Michelle, Head of the School of Law, has also been nominated for Oxford University Press’s prestigious ‘Law Teacher of the Year’ award.
• Michael Lane, Review of ‘The Collaborative Constitution’ by Aileen Kavanagh (2025) 45 Legal Studies 161. Michael also contributed a blog post for the Law Society of England and Wales on the relevance of recommendations from United Nations bodies in domestic courts.
• The School of Law and the CRJ Research Group also host events which bring together scholars and practitioners to collaborate and disseminate research. In the last edition of The Pears, readers
will have seen a write up of the ‘International Law in the UK’ conference, held at the University in November 2024. In March 2025, the CRJ Research Group held its annual lecture, delivered this year by Professor Lawrence Sherman, Wolfson Professor of Criminology Emeritus at the University of Cambridge, on the topic of artificial intelligence and policing.
Upcoming Events:
Four upcoming events will be of particular interest to the Worcestershire legal community. All events are free but require booking.
Evidence-Based Policing Conference 2025: Harm Reduction Focus. Monday 30th June 2025, 9:30am – 4pm, University of Worcester Arena.
The School will host the second Evidence-Based Policing Conference on the theme of ‘Harm Reduction’. Organised by Phil Edwards , Lecturer in Policing, the Conference brings together an impressive line-up of speakers, including Chief Constable Richard Cooper, Judith Vickress (Rural Domestic Abuse), Dr Gillian Harrop (Bystander Project), Nick Gazzard (Holly Gazzard Trust), Dr Richard Hester (Harm reduction through EBP), and Michelle Clarke (Head of School of Law), all of whom will share their expertise on harm reduction, domestic abuse, safeguarding, and the value of evidence-based practice in frontline policing and policy development. The keynote will be delivered by Professor Jane Monckton (University of Gloucestershire), author of ‘In Control: Dangerous Relationships and How They End in Murder’ (Bloomsbury, 2022).
This event offers a unique opportunity for police professionals, researchers, students, and practitioners from across the criminal justice sector to engage in critical dialogue, share best practices,
and forge collaborations to drive safer, smarter policing.
For more information, including the conference schedule and booking details, search ‘University of Worcester Evidence-Based Policing Conference 2025’ or e-mail Phil Edwards (p.edwards@ worc.ac.uk).
Conference on the Impeachment of Warren Hastings Thursday 3rd –Friday 4th July 2025. University of Worcester, Jenny Lind Building.
The trial of Warren Hastings was one of the seminal moments in late 18thcentury politics. The former governor general of Bengal, Hastings, was accused of a variety of crimes relating to abuse of the local population and peculation. The subject cuts across several disciplines: law, political history, history of print satire, literary history and imperial history.
The conference, co-hosted by the CRJ Research Group and the History of Parliament Trust, will bring together scholars from a range of disciplines and at all levels of experience, with colleagues from across the world, with scholars based in Canada, the EU, India, New Zealand, the UK and US participating. A book involving many of those presenting at the conference has been commissioned to be published with Bloomsbury, adding to the impact of the event.
For more information, including the conference schedule and booking details, search ‘University of Worcester Impeachment of Warren Hastings Conference’ or e-mail the conference organiser, Dr Chris Monaghan (c.monaghan@worc.ac.uk )
Rights & Justice Festival. Tuesday 8th July 2025. The Hive, Worcester.
The inaugural festival will be taking place in collaboration with the Hive. This is a public-facing, interactive event to engage the general public and local children and students with the research of the Constitutions, Rights and Justice Research Group.
The organisers are Dr Nkem Adeleye,
Dr Mikahil Azad, Dr Isabel Gilbert, Dr Chris Monaghan and Nicola Monaghan. Contributors include colleagues from across the university, a retired circuit judge, and the keynote speakers are Professor Jon Yorke (from Birmingham City University) and Dr Beverley Gilbert (from the University of Worcester).
Tickets are quickly selling out, but some are still available via The Hive website. For more information, search ‘University of Worcester and the Hive Rights and Justice Festival 2025’.
Book Launch: Leading Works in the History of the Constitution. 26 September 2025. University of Worcester (Location TBC).
This collection, edited by Dr Chris Monaghan , brings together academic analysis of leading contemporary accounts of the British Constitution with key constitutional documents and sources, while also offering analysis of the leading histories of the Constitution. The works in question represent examples of the constitutionally most significant legislation, judicial decisions, and commentaries by scholars and key actors. Its scope is the seven hundred years of English, and then British, history from the Magna Carta to Britain as an imperial power grappling with the question of how to govern India.
This event will be to celebrate the launch of the book. There will be a keynote from Baroness Hale of Richmond DBE, former president of the UK Supreme Court.
For more information, e-mail the event organiser, Dr Chris Monaghan (c.monaghan@worc.ac.uk ).
Michael Lane
Lecturer in Law, Research Lead for the School of Law
Image credits: 1. Oxford University Press, 2. Worcestershire County Council, 3. Routledge.
Dyslexia in the Workplace: A StrengthBased Perspective on Inclusion Understanding Dyslexia Beyond the Challenge
Dyslexia is a lifelong specific learning difference that primarily affects literacy and language-related skills such as phonological processing, working memory, and processing speed. However, as emphasised by the British Dyslexia Association (BDA), it is not a reflection of intelligence. Rather, dyslexia represents a different way of processing information, one that brings unique strengths alongside its challenges.
Historically, dyslexia has been viewed through a deficit-based lens. Today, however, there is increasing recognition of the value it offers in problem-solving, creativity, and innovation. Drs. Brock and Fernette Eide, in The Dyslexic Advantage, argue that dyslexic brains are not defective but wired differently offering powerful insights, creativity, and big-picture thinking. This aligns with the neurodiversity movement, which sees such cognitive differences as natural and valuable variations in the human mind.
Workplace Strengths of
Dyslexic Thinkers
Dyslexic individuals frequently demonstrate strengths that can significantly enhance team performance across many industries, particularly in fast-paced, analytical, or creative roles.
These include:
• Seeing the ‘big picture’ when others focus on details
• Identifying patterns and inconsistencies in complex data
• Thinking laterally and producing innovative solutions
• Communicating through visual or narrative thinking
• Adapting with resilience in uncertain or evolving environments
• Many dyslexic individuals have also developed strong problem-solving abilities as a result of navigating systems that are often not designed with neurodivergent minds in mind.
Recognising the Barriers
Despite their strengths, dyslexic employees may face barriers in the workplace, particularly where traditional systems fail to accommodate neurodiverse thinking styles. Common challenges include:
• Slower reading and writing, especially under time pressure
• Working memory and organisational difficulties
• Sensory sensitivities (e.g. bright lighting, high visual contrast, or visual clutter)
• Misunderstandings or bias due to the often “invisible” nature of dyslexia
Disclosure can be another hurdle. When individuals don’t feel safe to disclose early, they may do so only reactivelywhen performance issues arise - leading to stigma, misjudgement, or feelings of isolation. Promoting understanding and encouraging early, proactive disclosure can help to mitigate this.
Visual Dyslexia: A Hidden Strain
Visual processing issues can also impact reading. For some individuals, words may appear to blur, move, or overlap, causing fatigue due to the extra cognitive effort required to decode text. These symptoms are not related to poor eyesight but rather to how the brain interprets visual input, similar to an optical illusion.
Simple visual aids can help significantly. These include coloured overlays, tinted lenses, coloured paper, and reducing text contrast. Research suggests that around 1 in 5 dyslexic individuals benefit from such adaptations.
To see a powerful example of how text may appear to some dyslexic readers, visit: dsxyliea (https://geon.github.io/ programming/2016/03/03/dsxyliea)
Small Changes, Big Impact
Creating a dyslexia-friendly workplace doesn't require expensive systems. Often, small, thoughtful changes make the biggest difference:
• Use dyslexia-friendly fonts (e.g. OpenDyslexic, Lexend)
• Share documents and emails with coloured backgrounds—this simple, reasonable adjustment can be offered as standard
• Print materials on coloured paper when requested, and as standard for courses or training sessions
• Use off-white or pastel backgrounds for PowerPoint slides to reduce visual strain
• Justify text left to keep the font spacing
• Offer verbal explanations alongside written summaries
• Support the use of assistive tech (e.g. mind-mapping, text-to-speech, dictation tools)
• Minimise distractions in the work environment, including glare from bright lighting or harsh contrasts For more tips please read the British Dyslexia Association’s Dyslexia friendly style guide : BDA Dyslexia-Friendly Style Guide (https://www.bdadyslexia.org.uk/ advice/employers/creating-a-dyslexiafriendly-workplace/dyslexia-friendlystyle-guide)
Top Tips for Inclusive Practice
1. Educate and Raise Awareness Provide neurodiversity training
Emma Delaney
for managers and teams to build empathy and understanding.
2. Provide Reasonable Adjustments
Flexibility around deadlines, quiet workspaces, and alternative communication methods can support individual needs.
3. Rethink Recruitment
Offer skills-based assessments, flexible interview formats, and clear job descriptions to attract diverse candidates.
4. Encourage Open Dialogue
Cultivate a culture where team members feel safe to share their needs and seek support without stigma.
JLD Event
Building a Future Where Neurodiversity Thrives
Viewing dyslexia as a cognitive strength, rather than a limitation, is key to creating truly inclusive workplaces. Every organisation, regardless of size, has the opportunity and responsibility to foster this inclusion. Not only is this a legal requirement under the Equality Act 2010, but it also brings tangible business benefits: neurodiverse teams are more innovative, agile, and resilient. By recognising and removing unnecessary barriers, employers can unlock the full potential of dyslexic employees, benefiting both individuals and the wider organisation.
On Thursday, 13th March the Worcestershire Junior Lawyers’ Division hosted a ‘Darts and Pizza’ networking night at the Dart Side in Worcester!
Juniors from across the county came together to showcase their dart skills, unfortunately no ‘Luke the Nuke’s’ were discovered
For more guidance on creating a dyslexiainclusive workplace, contact Emma Delaney at Bradley Haynes Law on 01905 900 919.
To purchase Dyslexia-Friendly Stationery for your teams or business and support persons with Dyslexia in Worcestershire, please contact Emma Delaney on 07486 633360.
Additional Resources:
The Law Society – Disability Inclusion Action Points: https://www.lawsociety.org.uk/topics/ disabled-solicitors/easy-wins-and-actionpoints-for-disability-inclusion
but everyone had a wonderful time networking and catching up with contacts old and new, and the evening was finished off with Pizza and fries.
The next WJLD event will be their headline ‘Legal Dining Event’ on 20th June 2025, be sure to get your tickets!
WLS Annual AGM & Quiz
On 25th March the Worcestershire Law Society hosted their annual AGM and Quiz sponsored by St Ives Chambers. The quiz was held at Bolero Bar and attendees were treated to an amazing spread and a thought-provoking quiz prepared by our president, Liz Miles.
The winners of the “St Ives Quiz Trophy” were a team from HCR Legal LLP who took home a selection of easter eggs. Congratulations all!
Thank you to all who came and supported the event, and a big thank you to St Ives Chambers for supporting the event.
Time to Step Up
Choosing the right financial planning partner requires renewed thought and care
says Suzi Lane
Once upon a time, but not so long ago, solicitors might refer clients to a financial adviser based on things as quaint as mutual golf club memberships, a smart suit, or—dare I say it—the promise of reciprocal business. If they had “Chartered” embossed on their letterhead, all the better. But let’s be honest: that era is over. Your clients deserve more.
As advisers, we now live in the world of Consumer Duty—capital C, capital D— where the Financial Conduct Authority (FCA) isn’t merely encouraging better outcomes for clients, it’s demanding them. And so it follows: as a solicitor, if you’re referring a client to a financial planner who can’t prove they’re putting clients first, you might want to re-check your professional indemnity cover.
Reciprocal business is not a strategy
The Solicitors Regulation Authority (SRA) Code of Conduct is clear: solicitors must act in the best interest of their clients, and that includes referring them to professionals who are demonstrably competent and ethical.
In 2025, that means more than a smart website and a polite Zoom call. It means a client-centric ethos that’s baked into the DNA of the firm, not pasted on like wallpaper.
Independence is just the starting line
Yes, your financial planning partner should be independent and properly qualified. Yes, they should have a robust, conflict-free investment process. But that’s the baseline. We’re not handing out medals for doing the minimum anymore.
Today, forward-thinking law firms are partnering with financial planners who are transparent not just about charges and investment performance, but about their entire business model. Who owns the firm? Who profits from it? And more importantly—how is that profit reinvested into the client experience?
The BCorp badge. What it really says
At Bespoke Advice Ltd, we’re proud to be one of the few financial planning firms in the UK to achieve BCorp status. It’s not a marketing gimmick, it’s a public declaration of our values, verified by an independent body. It means we’re legally committed to balancing profit with purpose, people and the planet. It means our processes, from investment strategy to office culture, are designed not just to comply with Consumer Duty but to ensure that we live it, every day.
BCorp is still a rarity in financial services. It shouldn’t be. It proves we’re accountable not just to shareholders but to our clients and the community. In other words, we’re run for the good of the people we serve, not the other way round.
Ambition matters
Let’s not pretend all financial planners are created equal. Some are running lifestyle businesses that plateau at “good
enough”. But law firms—especially those advising high-net-worth clients, business owners or trustees—should be partnering with planners who have the ambition to grow, to innovate and to consistently deliver a level of service that reflects well on the solicitor who made the introduction.
A great client outcome isn’t a happy accident—it’s a result of systems, culture and a ruthless clarity of purpose. Your choice of financial planning partner speaks volumes about your firm. Choose wisely, and your clients will thank you. Choose poorly, and… well, they’ll Google their own and probably let you know all about it. And who they’ve taken their legal business to.
And that’s something no one wants.
Bespoke-Advice Ltd is Authorised and Regulated by the Financial Conduct Authority. FCA Register number 616019. https://register.fca.org.uk/ BespokeAdvice Ltd is registered as a Limited Company in England and Wales No. 08754524. Registered Office English Mutual House, 22, The Tything, Worcester WR1 1HD.
Suzi Lane – About the Author Suzi Lane is founder and director of Bespoke Advice Ltd, the multi awardwinning, chartered financial planner based in Worcester. With nearly three decades of experience advising professionals and private clients, Suzi is renowned for her no-nonsense approach, client-first philosophy and her ability to make complex advice both personal and powerful. In 2025, Suzi was recognised at the Professional Adviser Awards for her outstanding contribution to the financial services industry.
Inaugural Legacy Giving Report reveals 9% legacy market growth reaching £4.5 billion
Charitable
estates rise 22% from previous year, reaching 46,000
14 May 2025 - Despite a challenging external environment, legacy income rose by 9% in 2024, up significantly from the 1.3% growth seen in 2023. Legacy gifts now make up an average of 30% of fundraised income across the top 1,000 legacy supported charities, with some sectors such as animal, conservation, and disability charities seeing figures as high as 50%.
These are just some of the key findings from The Legacy Giving Report 2025 (https://smeeandford.com/reportswhitepapers/legacy-giving-report-2025/) — the first report of its kind from the Smee & Ford (https://smeeandford.com) and Legacy Futures’ (https://www.legacyfutures.com) partnership announced last year that has enabled the most comprehensive legacy data and market review ever available. Designed to support charities of all sizes, the free report provides valuable statistics, projections, and insightful case studies to help charities maximise the potential of legacy income.
More key findings include:
• The average estate size for those leaving a charitable gift was £599,000, compared to £394,000 for non-charitable estates.
• Average gift values reached £65,000 for residual gifts and £4,500 for pecuniary gifts.
• The South Coast and London remain the strongest regions for charitable bequests, with nearly 18% of probated estates in the South Coast containing a legacy gift.
• Baby Boomers (born 1946–1964) now make up 21% of all legators and are set to dominate legacy giving by 2035.
One of the key drivers behind the record growth in 2024 was a 15% surge in charitable bequests, largely due to HM Courts & Tribunals Service clearing a longstanding backlog of probate applications. As a result, bequest numbers in 2024 reached an estimated 145,000 — the biggest number ever recorded.
The report also explores the impact of upcoming changes to inheritance tax rules and highlights opportunities for charities to engage supporters who may be motivated to leave a charitable gift for this reason.
Rob Cope, Executive Director Membership & Operations at CIOF, said:
“Legacies play a pivotal role in supporting charities, of every shape and size, across the UK to continue their vital work. As such, resources like this report are invaluable. In sharing such a comprehensive overview of the nation’s legacy giving, with key trends and projections for the future, The Legacy Giving Report will no doubt become a go to benchmarking and guidance resource for fundraisers looking to develop their legacy fundraising and bolster broader fundraising strategies.
“It is also an excellent example of agencies working together to provide, for free, the kind of unique data and insight that can help charities grow and thrive, something the Chartered Institute of Fundraising is pleased to encourage and support”
Ashley Rowthorn, Executive Director of Legacy Futures and Smee & Ford, said:
“This report represents an important step in improving our shared understanding of the legacy giving landscape. By bringing together data, analysis and real-world examples, we hope it will help charities of all sizes to better navigate current challenges and plan for the future.
“Legacy income is a long-term, resilient source of support for the sector, and having access to clear, evidence-based insights is vital for organisations looking to grow or sustain this important form of giving”
The Legacy Giving Report can be downloaded for free here.: https://smeeandford.com/reports-whitepapers/legacygiving-report-2025/
A helpful and free source of data is Legacy Futures’ Data Dashboard, (https://www.legacyfutures.com/ resources/data-dashboard/), which describes the size and shape of gifts in wills in the UK, and how legacy incomes have grown over the past 30 years.
Leaving a legacy for Worcestershire
Worcestershire Community Foundation (WCF), one of the County’s major charitable grant makers, works with Professional Advisors to support your clients to give to local causes that really mean something to them both during their lifetime or beyond.
When an individual or family choose to give charitably they have a number of options available. We can work with you to develop a charitable giving plan that meets your clients’ financial and philanthropic wishes. We handle all cases sensitively, helping your clients to leave a lasting legacy for future generations.
We know from over 20 years of charity experience in Worcestershire that giving to local causes in the place they love is highly rewarding for donors. We know the County’s needs and hold a large database of community organisations.
By creating a fund through WCF, donors can focus on the most rewarding parts of giving; supporting meaningful causes and seeing how their funds make a difference. Setting up a fund with us couldn’t be easier and can be achieved quickly. We can set it up in a donor’s name or the name of a loved one, using money, shares, property or other investments.
THESE ARE SOME OF OUR SERVICES:
Supporting Worcestershire
By naming WCF as a beneficiary in a Will, funds can be used to support a range of local causes.
Creating a named fund
Larger gifts can be used to establish a
We can provide you with flexible, taxefficient and effective solutions for families, corporates and trusts to make a lasting difference in our communities through our professional administration of charitable giving. Working with us will take away the burden of setting up and running a charity.
unique named fund which we can set up and manage according to individual wishes. For example, a bequest of £25,000 can be used to create an expendable endowment fund that will generate investment income. This can then be given away each year to causes favoured by the donor into the future.
An easier way to give
By transferring the trust to us, trustees can release the responsibility of managing the fund directly yet retain a connection as an adviser.
Unclaimed client accounts
In addition to handling dormant charitable trust transfers, WCF can transform unclaimed balances into an asset for local communities. You can donate unspent and ineffective funds to WCF to help local causes.
For further information please contact Lucy Wells, Director lucy.wells@worcscf. org.uk/ 07909 111812.
Charitable gifts in wills most prevalent among younger will-makers
The majority of charity supporters in their 40s and over have written a Will (at 61%) and just under one third (31%) of those with Wills have included a charitable gift, according to new research released by Remember A Charity1 today. Charitable Wills are most prevalent amongst younger Will-makers, with 34% of those in their 40s and 50s having included a charity, compared with 30% of people with Wills aged 60+.
Charitable legacies now raise more than £4 billion of vital funding a year for good causes across the UK*, with almost 11,000 charities named in Wills**.
Remember A Charity’s consumer benchmarking study*** is carried out by independent research firm OKO and surveys more than 2,000 charity donors aged 40+ annually to track charitable Willwriting attitudes and behaviour. It follows Prochaska’s Stages of Change model and has tracked long-term forward movement in legacy giving from awareness through to preparation and action over the last 15 years. The latest data is for 2024.
This year’s research reveals that the average age of writing a Will is 50 and that half (50%) of those with a Will - and 41% of those aged over 70 - have never updated it. However, the study also found that supporters are four times as likely to have added than removed a charity when making changes to their Will (43% vs 11%).
Key motivations for including a charitable gift include the recognition that: even a small gift can make a difference (35%); charities rely on gifts in Wills to continue their vital work (30%); and leaving a gift is a natural step after supporting charities for a long time (27%).
For those who have written a Will, but haven’t included a charitable gift, 1 in 4 simply didn’t think about it at the time. The most prevalent reason (63%) for not including a charity was that they wanted to leave everything to family and friends, while 30% said it was because they didn’t have the money or assets to leave a large amount.
The role of solicitors
Legal professionals play an important role in making clients aware of the option of leaving a charitable gift in their Will. The research shows that 66% of those who have written a Will used a solicitor.
Lucinda Frostick, director of Remember A Charity – the UK’s charity consortium working to grow the legacy giving market, says:
“This study shows long-term growth in people’s appetite for including a charity in their Will, but what’s particularly fascinating is to see how prevalent this has become for younger Will-makers, seeding hope for the future. Over the years, legacy donations have become a crucial income stream for charities and community-based organisations across the UK, building their resilience and funding services for future generations.
“Solicitors and professional Will-writers continue to play a critical role in increasing awareness across their client base of the option of including a charitable gift in a Will, alongside gifts for family and friends.”
Remember A Charity runs a free Campaign Supporter scheme 2 for solicitors and Willwriters, providing promotional resources and useful guidance for referencing legacy giving with clients. Find out more at www.rememberacharity.org.uk/aboutus/for-solicitors-will-writers 3
*Data Dashboards - Legacy Futures
** smeeandford.com/reportswhitepapers/2024-smee-ford-legacytrends-report-download/
***OKO, Legacy Giving Consumer Benchmark Study
Commissioned by Remember A Charity, the consumer benchmark study explores the public’s attitudes to legacy giving, with regular surveys carried out since 2009. The latest survey was carried out by OKO in November 2024; an online survey of 2,000+ charity supporters across the UK, aged 40+. The research has been carried out by OKO since 2021, and nfpSynergy before that.
The tracking study, which follows Prochaska’s Stages of Change model, shows forward movement over 15 years from donors’ active rejection of leaving a gift in their Will and lack of awareness through to awareness, contemplation, preparation and action (leaving a gift). The Stages of Change model features six levels: rejection of leaving a gift in their Will; pre-contemplation unaware –those who have never thought about it and are not sure if they would consider it, pre-contemplation aware – those who have thought about it and given it low consideration; contemplation - those who know about it and would consider leaving a gift; preparation – those who intend to give; and action - those who have already included a gift in their Will.
NB. A small number of respondents don't fall into any group (i.e. those who say they’re not sure if they've thought about and wouldn't consider leaving a gift in their Will, plus those who haven't thought about it but say they would consider leaving a gift and/or intend to do so) and are excluded from the analysis and results from the other groups prorated to 100%.
1 https://www.rememberacharity.org.uk
2https://www.rememberacharity.org.uk/ about-us/for-solicitors-will-writers/
3https://www.rememberacharity.org.uk/ about-us/for-solicitors-will-writers
Lucinda Frostick
Solicitors’ Professional Indemnity
renewal: insights from an underwriter
Recently, the solicitors’ professional indemnity market has seen an increase in the number of insurers offering firms primary insurance. With more choice available, how should firms best present their risk — and why should they choose HDI?
At HDI, how do we assess you as a firm?
As your insurer, we are there for you when the worst happens. However, insurance is just one tool in your armoury against risk. We look for firms that invest in a clear and robust risk management strategy. We want to hear about how you identify and manage risk in your firm. This can include how you structure your firm, risk management planning, business continuity plans, file review and supervision policies, and external audits.
When reviewing a firm’s proposal form, I like to pay particular attention to the answers that provide insight into the workings and values of your firm. Your submission can be really enhanced, for example, by sharing your firm’s history, any particular specialisms, your future goals, the type of work you like to do and the type of work that you would turn away. These details allow me to take a more holistic view of your firm.
Getting your submission in early and in full order is vital. Work with your broker
to ensure you have up-to-date claims summaries. It is also very helpful to include a narrative around any open and closed claims — for example, what the allegation was and what lessons were learned. The fact that you may have experienced a claim is not necessarily an issue — at HDI, we recognise that there is often a story behind every claim, and we are openminded and willing to listen.
What are the key concerns for Insurers currently?
Whilst the frequency of claims appears stable, the severity of claims has notably increased in recent years. Contributing factors include rising asset values, more complex transactions and defence cost inflation. Worryingly, the market has begun to see more claims exceeding the compulsory primary limit. Firms should have heightened risk management measures in place when taking on matters of high value, or when acting for clients of considerable net worth.
Conveyancing remains the main source of claims, both in frequency and overall cost. Conveyancing firms continue to be prime targets for property fraud. Being aware of key red flags and undertaking rigorous due diligence is vital to protect your firm from such claims.
Additionally, there has been a notable rise in claims from wills, trust and probate work. The drivers for this are a combination of more complex family structures, increases in overall estate values and the challenges that can arise with people living longer. Our advice is that this would be a good time to conduct a review of policies and procedures and implement targeted refresher training for staff.
Beyond this, insurers will be taking into account the economic environment, technological development and other similar contextual factors as drivers for
claims, such as the impact of AI, and the continued cyber threat we all face. Sharing your firm’s policies and risk management strategy for these areas helps provide insurers with reassurance that your firm is well equipped to navigate such challenges.
Why choose HDI as your insurer?
In the past, we have seen volatility created by insurers entering and exiting the solicitors’ professional indemnity market. At HDI, we have the experience, strength and stability to support you now and into the future. Our recent credit rating upgrade by international rating agency S&P Global Ratings to AA- (Very Strong) is a testament to our financial resilience, enabling us to be your trusted insurance partner.
We look to provide law firms with a high-quality, long-term solution. That’s why many of the practices we cover have been with us for the 15+ years as we have been a primary insurer for law firms. We use our specialist experience to ensure that we are the experts for your needs today – and help prepare you for what might happen tomorrow.
If you are a firm with a turnover of under £20 million and would like to obtain a quotation from HDI, please contact Lockton Insurance Brokers.
By Sarah White, Underwriting Manager, HDI Global SE.
A fundamentally dishonest claimant
Summary
This case concerns a fundamentally dishonest claimant. The judge held that the experts in the case were reliant on self-reporting by the claimant, who the judge found to be wholly unreliable, as to the extent to which the alleged injuries suffered had impacted her life.
Learning points
Learning points for experts:
• The medical and psychological experts in a personal injury case will often need to rely largely on the selfreport of the claimant,
• If an expert’s report is built on a false factual basis (e.g. the client is found to be wholly unreliable), the expert evidence can be rejected
• Consequently, the credibility of the injured person is of central importance.
Learning points for instructing parties:
• The rule determined by the Supreme Court on uncontroverted evidence in Tui v Griffiths does not apply in certain circumstances. Seven circumstances are cited in the judgment including where the report is founded on a false basis.
The case
The claimant was seeking damages for soft tissue and psychological injuries she claimed to have suffered while a passenger in 3 separate car accidents between 2015 and 2016. She also claimed to have suffered tinnitus as a result of the second and third accidents.
Expert evidence in general
The judge noted that these types of soft tissue and psychological injuries are rarely susceptible to objective proof, and that a medical expert must instead rely almost exclusively on examination and the history provided by the apparently injured party. As Mr Justice Martin Spenser had noted in Molodi v CVMS [2018] EWHC 1288 (QB) if the history is not materially accurate, then the medical opinion expressed must be unreliable.
Key to any history is the impact of the injury on the person’s life, with an injury that prevents or limits pursuit of a loved pastime likely to be seen as more serious that one that does not. Therefore, the judge noted, the credibility of the apparently injured person is of central importance. The judge noted that the factors referred to by Mr Justice Spenser in Molodi as likely to be present in a genuine claim, concern
credibility, including: seeking medical assistance and acting in accordance with medical advice.
The expert evidence in the case
The claimant instructed Mr Farhan, who dealt with shoulder and back issues, and Dr Whittington, who dealt with the psychological injury. She also saw experts in tinnitus and rheumatology, and a pain consultant.
Mr Farhan found some generalised restriction of the claimant’s cervical spine and, based on the claimant’s accounts of the psychological impact, referred to her a psychologist after concluding that the psychological reactions to the accident overshadowed her physical injuries.
Dr Whittington diagnosed mixed anxiety and depressive disorder (‘MADD’), body dysmorphic disorder (‘BDD) and bulimia, attributing them to the accident. He relied on the claimant’s account that before the accident she had “attended the gym 6 times per week, twice daily and regularly competed in fitness events” but after the accident “she was unable to exercise”.
The experts did not provide oral evidence.
The claimant’s evidence
The claimant had held a number of roles in legal firms. In cross-examination, the claimant accepted that in her Linkedin profile and CV she held herself out to be far more qualified than she actually was, leading her, the judge determined, to pre-emptively resign from a role ahead of a disciplinary meeting about her qualifications.
The judge determined that the claimant was “a wholly unreliable witness who gave evidence without any regard for the truth guided only by what she perceived to be her own interests. She made things up when asked difficult questions and on occasion gave patently false answers.”
Documentary evidence
The court considered documentary evidence on the number of times the claimant accessed the gym after the accidents and Facebook posts showing that she had competed in several strenuous runs and hikes in 2017 and 2018, which were inconsistent with the self-reporting of the impact of her life.
Findings of fact
The judge made several findings of fact including:
• The Claimant deliberately lied about her academic achievements on her CV and Linkedin profile.
• She deliberately lied about her professional status.
• She made up a story about being effectively blackmailed by a witness in the case who she maintained had threatened to share an intimate video of the 2 of them with the Claimant’s long-term boyfriend.
• She deliberately failed to give Dr Whittington the full story of her recovery from any injury sustained in the accidents by failing to mention the fact that she had completed an ascent of Ben Nevis and the Yorkshire 3 Peaks.
• The claimant is a generally dishonest person.
Tui v Griffiths
Counsel for the claimant submitted that the defendant’s had to “undermine the factual substratum of the claimant’s uncontroverted evidence” and that the points ought to have been raised in questions to experts.
The Supreme Court held in Tui v Griffiths [2023] UKSC 48 that generally, if a conclusion expressed in an expert report was to be challenged , the expert should be given an opportunity to respond to the challenge. However, this rule would not apply in certain circumstances including where the report is founded on a false basis.
The judge found that he was entitled to reject the expert evidence in this case because it was built on a false factual basis, i.e. the claimant’s untrue history.
Findings in respect of injuries suffered
The judge dismissed all parts of each claim, rejecting the claimants account of the injuries in its entirety as the entire case was based on her credibility.
Sean Mosby EWI
Link to the Judgment https://www.civillitigationbrief.com/ wp-content/uploads/2024/12/ scullyjudgment_914295.pdf
Are lawyers numerate?
Well, are they? And do they understand business accounts?
Some are, and some do – in fact, some are quite brilliant mathematicians - but there are many who don’t, and I will share with you a few examples.
First, we have lawyers who have confidence in the accounts filed at Companies House, and when a valuation is needed, in divorce for example, they take a printout of the micro accounts from Companies House, send them to me, and expect me to be able to value the company. This happened so frequently that I felt obliged to write a blog about it, which I called “Companies House Searches Are USELESS”. The blog is here: https://chrismakin.co.uk/companies-house-searchesare-useless/ And I append a note: “This blog is retained on page one for its enduring relevance.” So next time a junior lawyer in the family department sends me such accounts, I have my explanations ready.
Then I turn to Kemp & Kemp The Quantum of Damages, the “bible” for personal injury practitioners. This was a lifetime work for David Kemp QC who, touchingly, included the second Kemp in the title. This was his wife, a very promising young barrister who died tragically young. I wrote for David a chapter on how to quantify loss of earnings for the selfemployed and family company director, and David was really pleased with it. It was in print for many years, but then David died and the publishers Sweet & Maxwell appointed a new editorial board, who re-wrote all of volume 1 so that my work was lost. I wrote to them and said how important it was for users of the work to understand business accounts, for example a barrister who was cross-examining an accountant expert witness.
The reply I got was that accountants understand accounts, and if interpretation was needed they could always instruct an accountant. I found that unconvincing. And my chapter is still available to you if you drop me a line. It’s in very simple language, but there is lots to learn.
Third, I turn to crime, and particularly to drug dealing. As readers will know, those convicted of drug dealing (and some other serious offences) are at risk of having their assets seized by the Crown under the Proceeds of Crime Act. It is said that doing jail time is just the price one pays for profiting from drugs, but that losing one’s wealth really hurts these people.
Perhaps so, but the court has to decide on a fair figure, both for the benefit of the crime and the available amount for confiscation.
I have just finished a case where the convict pleaded guilty to drug dealing in a minor way, and is now serving time, but his main activity was running a motor repair business and MOT testing station. The prosecution’s expert went through his bank accounts, totalled up some £353,000 going through the bank, and concluded both that this was all benefit from drug dealing (it wasn’t; there was even ample evidence of vehicles bought and sold) and that this same sum was the amount available for seizure.
That was even more unrealistic; how could money which had come into the business and gone out again still be sitting in a bank waiting for the authorities to collect it? Naïve!
My expert report showed that there was £6,336.36 sitting in bank accounts, so that was the available amount. A few days before trial, the prosecution agreed that the available amount was £6,336 – and thirty-six pennies. What a waste of time.
If you are still reading, that’s good because we now come to the most interesting bit.
Some months ago, I was expert in a criminal trial at Swansea Crown Court. Andrew Ling had been accused of stealing some £165,000 from his own company. After 11 years in the army doing bomb disposal, Andy had set up a business producing a very advanced form of battery; he had even sold 3,000 units to Sainsbury’s for their home delivery vehicles.
He fell in with some business angels, who borrowed £700,000 from the Welsh Development Bank, and they regularised the management of the company. Andy admits that his record-keeping was poor. The other directors – the angels –accused him of fiddling his expenses and taking money from the company without authority, he was investigated, and he was sacked for gross misconduct.
After he left, the others didn’t have his technical knowledge and the business failed.
Andy was charged with theft, and spent five years on remand.
As the trial came up, the prosecution’s expert was an AAT (Association of Accounting Technicians) a very lowscale qualification for those working in the back room of accountants’ offices. She added up all the amounts withdrawn but ignored all the amounts paid in: introduced from private funds, expenses not claimed, and so on. All of this was recorded in the director’s loan account.
At the end of the fourth day of the trial in Swansea, I gave evidence and had to explain how a director’s loan account works. And I gained the distinct impression that no-one else in that courtroom – judge, both counsel, the jury – had any idea. I was the last witness. The jury retired, and emerged a few minutes later with a verdict of Not Guilty. Andy’s five years of purgatory was over.
There was a long article about this recently in The Times Business Section. I am mentioned only once, as follows:
Chris Makin
An expert witness commissioned by the defence helped convince the jury of his innocence, Ling believes. Chris Makin, a forensic accountant, supported Ling’s claims that he had only withdrawn money owed to him. On one calculation, far from stealing from the business, he was in fact still owed £20,000. “Chris was the first person in five years who believed me,” Ling says.
This is what makes my job so rewarding, but what a pity the lawyers working on the case didn’t know about directors’ loan accounts years ago!
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
Cyber insurance in spotlight after M&S, Co-Op and Harrods breaches
Marks & Spencer have estimated that they will see a £300m hit on their operating profit, with disruption expected to last many months. It has also been widely discussed that M&S had cyber insurance – but only covering up to £100m. Clearly this is a torrid time for M&S and will be exhausting for those directly involved, but it is hoped that
their strong brand and reputation will assist with their recovery.
On the other hand, it has been reported that the Co-Op and Harrods, who were hit by what is believed to be a connected incident, do not have insurance, which will no doubt raise some awkward questions at senior levels.
These incidents should be a huge wake up for business owners, especially SMEs who do not have the financial resilience to survive a major cyber incident. Recommendations include:
• Put basic technical controls in place, these incidents have shown that simple precautions like system segmentation and multi factor authentication would have limited the damage – a good place to start is Cyber Essentials certification.
• Regularly train staff in cyber awareness – most beaches are enabled by human error or manipulation.
• Many problems come though the supply chain, check that the organisations you are dealing with also take cyber hygiene seriously – do they have Cyber Essentials certification?
• Ensure backups are effective and practice incident response scenarios.
• Lastly – as M&S found out, things can still go wrong so comprehensive cyber insurance is a must-have.
If you would like to know more about Cyber Essentials certification visit the National Cyber Security Centre website. For assistance with Cyber Insurance you can contact Sutcliffe & Co insurance brokers who have been insuring cyber risks for over a decade, 01905 21681.
Law Society urges everyone to make a will
In view of Update Your Will Week (3 to 9 March), the Law Society encourages the public to make and update their will ensuring that personal wishes are carried out in the desired way.
A Law Society survey has found that 11% of people in England and Wales said that in the last four years they’d dealt with the estate of someone who died.
Of those who dealt with an estate, 26% report that they experienced a problem or dispute as part of it. Additionally, 52% do not have a will in place at all
Updating a will every five years, or when a major change occurs, eases the probate process for beneficiaries when their loved one passes away.
The process of wills is set to change as the Law Commission is expected to publish its long-awaited report on will reform in April 2025 alongside a draft Will Bill. The bill is set to lead to the modernisation of wills ensuring that they remain fit for purpose in a modernday context.
Law Society of England and Wales president Richard Atkinson said: “Will modernisation is long overdue. The Law Society expects long-awaited reforms in key areas such as electronic wills.
“As positive inroads have been made to probate service performance, with outstanding cases at their lowest since early 2023, the Law Society will continue to influence further improvements
through our Professional Probate User Group. Grieving loved ones deserve a clear probate process, made easier with an updated will.”
The National Will Register, a valued partner working with the Law Society for nearly 20 years, commented: “In our experience of helping testators, executors and probate practitioners, we understand the importance of not only making a will, but ensuring it reflects current wishes and can be found when it is needed.
“Digital tools such as will registration ensures that loved ones and executors can locate the will when it is needed and enhance archive management for law firms and probate practitioners.”
Book Reviews
MAKING LAWFUL DECISIONS
A
guide for decision-makers on acting within the law
By Victoria Butler-Cole KC and Steve Broach KC
ISBN 978 1 91364 862 6
LEGAL ACTION GROUP
The access to justice charity
www.lag.org.uk
LAWYER OR NOT, A DECISION MAKER NEEDS TO KNOW THE LAW
If you have found yourself — or your client — in the position of being appointed as a decision-maker over a number of issues in either the public or private sectors, you need this book, recently published by the Legal Action Group (LAG), the access to justice charity, who are justly famed for producing legal texts accessible not only to lawyers, but to the average concerned reader.
Pertinent, applicable and directly accessible to lawyers and non-lawyers alike, this book emerges as an essential guide — no doubt about that — to both the basics and the possible and probable complexities which, more often than not, are likely to emerge in the decision-making process.
With depth and clarity, a wide range of issues are discussed, with a focus on the most controversial, including for example, cases pertaining to equality and human rights. The book therefore covers a lot of ground in explaining an extensive and complex subject, with the thoroughness and clarity that makes it accessible to all decision-makers — lawyers and non-lawyers alike.
As the LAG explains, the book’s overall aim is to ensure that
“a decision-making process follows a lawful process.” And that includes, appropriately, answers to the problems of those who are aggrieved by a decision and therefore considering a complaint, or a legal challenge.
The first chapter to turn to is the ‘Checklist’ and an invaluable checklist it is. Certainly, it covers such necessities as powers, problems, evidence and much, much more, including
what to do if your decision is challenged — a challenge indeed.
Certainly, this compact volume provides a treasure trove of useful resources for further research. Note the almost twenty pages of Tables of Cases plus the Table of Statutes and Statutory Instruments - and a Table of European and International Instruments. Also note the handy index, the glossary of legal terms and the extensive footnotes — indispensable if more detailed research is required — and it usually is, in so many circumstances.
“A guide for decision makers on acting within the law” is the book’s subtitle and an excellent guide it is. Any lawyer advising clients embroiled in these or similar problems should very quickly acquire a copy.
The date of publication of this paperback book is cited as July 2024.
DISCRIMINATION IN HOUSING LAW
By David Renton
ISBN 978 1 91364 856 5
LEGAL ACTION GROUP
The access to justice charity www.lag.org.uk
ESSENTIAL READING FOR HOUSING PRACTITIONERS
ACTING FOR CLIENTS FACED WITH REPOSSESSION
There is very little that strikes more terror in the souls of its victims than the threat of impending homelessness via the judicial processes involved, which culminate in the process of eviction.
There ought to be an erudite and readable le book about it — and there is, thanks to this very useful publication from the Legal Action Group (LAG), the access to justice charity, who are justly famed for producing legal texts accessible not only to lawyers, but to the average concerned reader. David Renton, the author, is a barrister who represents tenants and mortgage holders embroiled in possession hearings.
Published in handy paperback format, the book offers a broad and concise coverage of ‘the use of the principles of equality in housing law’ — and equally of prime importance — the duty of landlords to fulfil their duties under the general categories of fitness and repossession.
As the publishers point out, the book covers the often complex and controversial matters, for example, of council houses let by housing associations, as well as houses held in thrall either to mortgages, or long leases. It should be added that homeowners in mortgage arrears suffer the same anxieties as those who rent — hence the general and urgent need for all practitioners to be duly bound in support of clients who struggle with these and other difficulties in the housing sector.
Practitioners and clients alike coming to grips with these problems will find this book especially helpful. As a concise work of reference, it truly excels. The precise introduction points directly to the subject of the book, namely the Equality Act of 2010 and its related principles — which apply both to business premises and residential properties.
Straightforward to navigate, the book has a detailed table of contents, enabling the reader — lawyer of not — to find the necessary advice they may be looking for, and for those doing further research, the book contains extensive footnotes, plus a detailed and useful index at the back.
Note too, the particular advantage of a 30page section of precedents — including for example, the precedent entitled ‘Case Summary Application to Set Aside Possession Order.’ Also included in this concise text are Tables of Statutes, Statutory Instruments and also a Table of European and International Legislation.
For practitioners and clients alike, this book emerges as a practical and indispensable purchase.
The date of publication of this paperback book is cited as 2024.
Appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister” and Mediator
