Pears issue 26

Issue 26 Winter 2017/18

WLS Bowling Night…

The Photographic Evidence!

ALSO: EWI Conference 2017 • Annual Bar & Young Bar Conference • Resolving disputes - How can you really be heard? and more...

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This edition...

Issue 26 Winter 207/18

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Committee Members and Member Firms

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Annual Bar Conference 2017

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President’s Introduction

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Law Society News: Court of protection highlights

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human cost of cuts

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Bowling Night Photos

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A Legal indemnity insurance in 90 seconds flat

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Local farmers urged to remortgage early

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Five reasons to outsource your payroll

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Bending over backwards

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Financial concerns and the charitable spirit

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Evolution of Data Protection Law

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Delving deeper into flood due diligence

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How can you really be heard?

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Up-front access to clear information will improve

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Why it pays to instruct a trained expert witness

home-buying process

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Committee Members

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

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

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

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

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

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

Tom Evans Editor MFG Solicitors LLP Telephone: 01432 349707 thomas.evans@mfgsolicitors.com

Patricia Beeching Family Law Consultant, Hallmark Hulme Solicitors.

Law Society Council Member for the Welsh Marches.

Pat.Beeching@hallmarkhulme.co.uk

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

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

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

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

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

  Charlotte Perry Vice Chair cperry@thursfields.co.uk

Rachael Wheeler National JLD rep rwheeler@hcrlaw.com

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

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

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

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

www.worcestershirelawsociety.com

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

Ellie Day Social Secretary ellie.day@mfgsolicitors.com.com

President’s Introduction W

elcome to our latest edition of the Pears. I am pleased to confirm that our new website is now up and running and can be visited at worcestershirelawsociety.com.

The website will be managed by committee member Hannah Nicholls and if you have any content you would like us to add please do get in touch.

Thank you to everyone who attended our annual bowling night, this year’s turnout was fantastic and everyone had a great evening.

We also raised £115.00 for our chosen charity thanks to raffle prizes provided by Index Property Information, Dev Assist, Groundsure, AML and Landmark Information Group.

Looking forward to the year ahead we have our annual Law Society Awards on Friday 27th April 2018 at the Guildhall in Worcester. We will soon be facing the daunting challenge of shortlisting this year’s fantastic entries with interviews to take place on Friday 09th March

2018. This promises to be a thoroughly enjoyable evening in a fantastic venue and further details will follow shortly.

Looking forward to the summer we will be holding a Summer Family Fun Day and Auction of Promises to raise money for our chosen charity being a new Maternity Bereavement Suite at Worcestershire Royal Hospital. The provisional date for your diaries is Saturday 02 June 2018. Further details will follow by email shortly.

I would like to take this opportunity to thank our sponsors Index Property Information, TLO Insurance Services, St Philips Barristers, Kendall Wadley, Anja Potze, Bovis Homes and Brightwells for their continued support.

Thank you to all of our members who have been in touch with ideas and updates. Your input is essential for maintaining and growing the society and promoting our profession in Worcestershire.

Alexandra Phillips President

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News News News News News News Led by Charlotte Thornton-Smith, the team recently reached the final of the LaingBuisson awards as private healthcare advisor, and won an M and A award earlier in the year.

Judges delighted at range of art contest entries

No pain – just gain; lawyers’ £18.5m of dental deals The gold is not just in the fillings – sales of dental practices worth £18.5m have been handled by Harrison Clark Rickerbys’ health and social care team in the last two months.

The team, with dental specialist Clare Emery in the lead on the deals, has advised on sales across the country, from Liverpool to Hertfordshire and from the south coast to Sheffield.

Clare said: “The sector is very busy at the moment – corporates are buying up sole practitioners, tying them in for a few years to maintain the goodwill and then everyone moves on. Dentists who have built up their practices over many years are taking the opportunities available to them.

From mounted batik tea bags to photographs, from paintings to clay plaques, judges were bowled over by the range of entries, the passion displayed and the variety of media used in Harrison Clark Rickerbys’ city art competition.

Judging took place last Friday and winners are now being notified – 10 were selected, and each will nominate the charity they would like to receive £250 and have their work displayed. The contest, in memory of the firm’s former senior partner, Sam Driver White, focused on local people’s passion for the city and artists of all ages took part.

Judges David Blake, from Worcester City Council, Laura White (Sam’s daughter), senior lecturer in fine art at Goldsmiths College, London, and Georgina Terry, Head of Art at the King’s School, Worcester, were joined by current senior partner Jonathan Brew. With entries of all kinds, including collages, drawings and digitally-enhanced images, they were impressed by the creativity on show.

“Of course, everyone needs dentists, and it’s much harder now to get onto an NHS dentist’s list than it used to be, so demand is buoyant.”

One of the major factors in the team’s success is their ability to draw on other specialists within the firm to advise on specific issues for each client – employment considerations, property or planning problems and banking or finance issues.

Clare said: “We work hard to deliver what our clients need, and the fact that we can give them an all-round service is a real advantage. Our experience in the sector also helps – we can flag up issues which might not have occurred to them.”

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David Blake said: “Worcester has clearly inspired people in more ways than we could have imagined – I am just glad that we were able to award some extra prizes because the choice was very tough. I’m especially pleased that everyone will be able to see all the work on display at the Guildhall in December.”

Laura White said: “My father would have been delighted by the openness and inclusivity of this competition – he loved Worcester and supported the arts here with a passion, which is equally obvious in the entries we have seen.”

Georgina Terry said: “I so welcomed the opportunity to get involved in this project and enjoyed the broadness of views expressed by the judging panel.”

The winners will be announced at the end of November and the Guildhall exhibition will run for a week from December 18. The winning entries will then be hung in the firm’s conference rooms.

Local charities to benefit from art contest wins Ten winners, along with their chosen charities, are celebrating their success in a Worcesterwide art competition which will see their work on display in the Guildhall before Christmas.

News News News News News News The Sam Driver White Memorial Art Competition drew almost 50 entries from all over the city, from all ages, and ten winners were chosen by judges including Laura White, lecturer in fine art at Goldsmiths College in London, Georgina Terry, head of art at the King’s School and David Blake from Worcester City Council.

Their work, along with all the entries, will be on display at the Guildhall from Monday 18 December until Christmas, with a presentation on the first day. The winning entries will then be framed and mounted, ready to be hung on the walls for all visitors to enjoy at Harrison Clark Rickerbys Worcester offices.

Each winner has chosen a charity to receive £250 from Harrison Clark Rickerbys’ own charitable trust – Sam Driver White was the firm’s former senior partner and the firm created the contest to honour his commitment to arts in the city.

Jonathan Brew, the firm’s current senior partner, said: “We are were delighted by the range and creativity of the entries – it has been a real pleasure to be involved in the competition and it will be even more of a pleasure to be able to use our trust’s funds for such good causes.

I congratulate all our winners but I am very grateful to all those who entered, who have made this such a success.”

The trust donates money several times a year to local good causes, but has earmarked money this year for the winners’ charities, which range from MIND to Worcester Snoezelen, the special care baby unit at Worcestershire Royal Hospital and Breast Cancer Haven.

Money raised by the firm’s family law team at a highly successful Monsters Ball at the Chateau Impney in November will support the competition, and help provide funds for a wide range of projects – this year, for instance, it has given £1,000 for a specially adapted rowing machine for New College, Worcester, and gave £500 of funding to the Worcestershire Live festival.

The winners and their charities are: Hetty Meen – Breast Cancer Haven Rupert Seldon – Little Princess Trust Bibi Rozier – Acorns hospice James Greenoff-Cairns – MIND WAW advanced pottery class – Grace Kelly Ladybird Trust Michael Whitefoot – Worcester Festival Choral Society Max Hodgetts – Cystic Fibrosis Trust Cerys Cowan – Special care baby unit at Worcestershire Royal Hospital Class 3HC, Regency High School – Helping Birmingham’s Homeless Jack Tyrer, Poppy Laws and Clara Dodgson – Worcester Snoezelen

Elaine Haines, the firm’s Business and Marketing Director, said: “We are extremely grateful to Worcester City Council for their support for the exhibition, as well as to our very generous anonymous donor, who enabled us to open up new prize categories, and to the Worcester branch of the London Camera Exchange, who have helped us tremendously with the printing.”

Harrison Clark Rickerbys Worcester tops legal rankings

citing “an absolutely superb job” and Dawn, described as “the leading private client lawyer in Worcestershire”, was ranked as Band 1.

Another stand-out Chambers 2018 ranking was awarded to the firm’s Worcester-based sister company, clinical negligence specialists Medical Accident Group, recommended as a “noted and expanding practice with a growing reputation”. Partner Inez Brown was cited as a “driving influence”, gaining Band 1, whilst partner Ally Taft was ranked Band 2 for her “very direct and robust” approach.

The firm’s corporate, banking and insolvency expertise in Worcester was also singled out for outstanding ratings. As well as a Band 2 ranking for the Worcester corporate teams in the SME & owner-managed businesses category, managing partner and head of corporate and banking Rod Thomas, described as “a force of nature”, gained an individual Band 2 ranking.

Restructuring and insolvency partner Sam Payne was recommended as Band 3.

Other Worcester-based Harrison Clark Rickerbys lawyers to receive exceptional individual Band 2 Chambers rankings were commercial litigation team leader Elizabeth Beatty, and licensing team head Heath Thomas.

The firm’s Worcester litigation department also received a Band 3 ranking in Chambers’ Midlands category.

Worcester law firm Harrison Clark Rickerbys ranks with the best in the country, with just-published premier legal directory the Chambers and Partners UK Guide awarding its legal teams and individual lawyers 12 prestigious Band 1-4 rankings. Four of the ratings were at the very highest, Band 1 level.

The firm’s family law team in Worcester gained the highest rankings possible, with an outstanding Band 1 rating, and was warmly praised for its “high quality services” and “extensive expertise”. Two of its individual family lawyers also received exceptional recommendations: senior partner Jonathan Brew was ranked as Band 1, singled out as a “virtually flawless” practitioner”, and partner Brenda Spain gained Band 3 for her “deep experience”.

There was additional praise for the firm’s Worcester private client department in the separate Chambers High Net Worth Rankings.

The Worcester team, led by Dawn Oliver, gained Band 1 in private wealth law, with Chambers

Jonathan Brew, Senior Partner Jonathan Brew, senior partner, said: “Our Worcester legal teams and individuals can be proud of the exceptional rankings they have been given in the 2018 Chambers guide. This national recognition in so many legal fields is well deserved. Across the firm our focus is always on our clients, and the quality of service we offer. Chambers and Partners confirms what recent The Legal 500 guide made so clear – that the quality of our lawyers is outstanding and that we give our clients service which rivals the best in the country, on their doorsteps.”

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News News News News News News Her overview of the history of quality made for fascinating listening, though jaws dropped more than once as she reminded her audience that rape within marriage was not criminalised until 1992 and that, until 2003, a man facing a rape charge could use as a defence the fact that he believed his victim had consented, however unreasonable that belief was.

Alan Meiklejohn Across the firm’s seven offices nationwide, 17 lawyers and 16 of the firm’s regional service teams were ranked as Band 1-4 by the Chambers Guide – totalling 33 recommendations across nine legal practice areas.

Referred to by clients looking to find the best legal representation for their business across the UK, the annual Chambers UK Guides have been ranking the top law firms and lawyers since 1990. Law firms and individual lawyers are ranked in bands from 1-6, with 1 being the best. The qualities on which rankings are assessed include technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by the client.

The firm’s strong showing comes hot on the heels of its success in The Legal 500 listing of the major law firms in England and Wales, published in October, where it was recommended as a top-tier West Midlands law firm in seven practice areas across the West Midlands; six of its lawyers were identified as leaders in their field and 61 of its lawyers were recommended individually for their skills in 17 different specialisms.

Equality law expert lectures in city With abuse of power and sexual mores high on the news agenda, equality law expert and University of Worcester Law School guest speaker Karon Monaghan QC, speaking at The Hive on Tuesday, had no trouble picking her subject – Patriarchy, Power and the Law.

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A unashamed fan of Baroness Hale, president of the Supreme Court, who visited Worcester last year to receive her honorary doctorate, Karon Monaghan also cited two female MPs, who she credited with pushing equality law forward – Barbara Castle, with the Equal Pay Act and the Sex Discrimination Act, and Harriet Harman, with the Equality Act 2010.

She advocated greater female representation in both Parliament and the senior judiciary and gave examples of female judges’ input to judgments adding a different and welcome dimension to the considerations included.

A lively question and answer session followed her lecture and senior partner Jonathan Brew said: “This was a great opportunity not only for law students and lawyers, but also for the wider community, to hear a real expert in her field. She was both engaging and thought-provoking.”

Sam said: “I really welcome Alan’s contribution to the team – he has very wide experience, he’s led his own team in the past, and I know that he’ll be a real asset to us and a great support to our clients.”

Law firm mfg Solicitors signs Kidderminster Harriers sponsorship deal Worcestershire law firm mfg Solicitors is backing Kidderminster Harriers’ bid for promotion glory with a new sponsorship deal.

The county firm has joined the 131-yearold club at a crucial time as it fights for promotion from the National League North, following a play-off spot last term.

The one-year deal will see mfg sponsor the floodlight boards around the pitch at the 6,400 capacity Aggborough Stadium and will work with the club on other commercial opportunities.

Tom Esler, partner and head of marketing at mfg Solicitors, said: “We are delighted to support Harriers as they strive to bring league football back to Kidderminster.

Help in tough times – insolvency team grows to support firms

“As two businesses with a long history in the town we are very much looking forward to the relationship ahead and will do all we can to support the club.

Corporate recovery specialist Alan Meiklejohn joins Harrison Clark Rickerbys’ insolvency and restructuring team, led by Sam Payne, to give firms the support and advice they need in tough times.

“The club is developing both on and off the pitch and with a new stadium potentially being built in the next few years, it’s a really exciting time for the club and its supporters. We wish John Eustace and the team all the best for the rest of the season.”

Alan, who has worked in both Top 40 and boutique law firms in Birmingham for the last 20 years, has a wide range of experience in the field, dealing with corporate, personal and contentious insolvencies. He will be based in the Worcester office.

“I’m looking forward to working with Sam and the team. We have a lot of shared clients and contacts and as the team and indeed the firm continues to grow, it is an exciting time to join.”

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Bill Redwood, Commercial Project Manager at Kidderminster Harriers, added: “Links with local businesses are vital for the club and I am delighted that mfg Solicitors have officially joined us as a sponsor.

“They have always been long-term supporters of the club but this deal takes that special relationship another step forward.”

News News News News News News

Left to right - Tricia Cavell, Edward Kimpton, Helen Gough and Kirsten Bridgewater

Worcester law firm backs Prostate Cancer UK through Go Dad Run donation Worcester law firm mfg Solicitors has recently donated £1,000 to Prostate Cancer UK to assist with the charity’s ongoing research and awareness campaigns.

The donation follows the firm’s backing of city businessman Edward Kimpton in the Sanlam Go Dad Run – a 6k run for men and boys which took place earlier this year around Worcester Racecourse.

matter very close to my heart given that I lost my father 12 years ago to the disease.

“We were therefore delighted to support Edward and the charity with our donation this year which will go towards finding a cure, and supporting organisations such as Worcester’s St Richard’s Hospice, who help to care for those with the disease.

“It means a lot to us to go that extra mile. It’s a tragedy that so many men die needlessly of the disease every year, both as a result of lack of awareness and the fact that simple tests are not done as standard.

The Tything-based legal firm supported Mr Kimpton, a chartered wealth planner at Sanlam, who took part in the race for the third time this year alongside his sons.

Edward Kimpton added: “I am extremely grateful to Helen and the team at mfg Solicitors for not only supporting us, but for such a generous donation to a charity which does so much for so many. The firm has always been strong supporters of the event.”

Helen Gough, a senior associate at mfg Solicitors said: “Raising awareness of prostate cancer is a

Mr Kimpton has now raised a total of £2,024.80 over the past three annual events.

Prostate cancer is the most common cancer in men. More than 10,000 men die every year from this male-only disease, and 300,000 men are living with prostate cancer in the UK. Prostate Cancer UK works to get men in all areas of the country the early detection, effective diagnosis and better treatments that will beat this disease.

Anyone with concerns about prostate cancer can contact Prostate Cancer UK’s Specialist Nurses in confidence on 0800 074 8383 or via the online Live chat, instant messaging service: www. prostatecanceruk.org. The Specialist Nurse phone service is free to landlines and open from 9am to 6pm Monday to Friday with late opening until 8pm on Wednesdays For further information please contact: Lorraine Henry Tel: Mob: Email:

01299 212841 07940 901180 lorraine@henrypepperpr.co.uk

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Bowling Night Athletic WLS bowlers take well-earned rest break for photoshoot!

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Worcestershire’s farmers urged to not leave re-mortgaging to last minute F

armers in Worcestershire who are looking to re-mortgage their properties are being urged not to “bury their heads in the sand” and leave vital work to the last minute.

“The detail and work involved in remortgaging a farm is very similar to the process of buying a new property and as soon as any farmer has agreed a mortgage offer with a lender, it’s time to instruct a solicitor”.

Expert agricultural lawyer Alexandra Phillips has sounded the financial alert saying it is often a common misconception amongst farmers that because they already own the property, a re-mortgage is just a matter of simple paperwork.

“I often see farming families getting lulled into a false sense of security just because they own a property already, underestimating the work and timescales involved and assuming that it is simply a case of signing some paperwork.”

For example it can take anything from four to eight weeks to get the result of the local authority back. This may then reveal issues that need to be rectified. It is therefore essential to get started as soon as possible.

“The reality is very different,” said Ms Phillips, an associate at county law mfg Solicitors.

The associate solicitor, who represents farmers and rural businesses, explained that lenders

“The golden rule is communication,” Ms Phillips added. “If you know about a potential issue, tell your solicitor

usually require a full review of the property to be carried out including conveyancing searches. Instructing your solicitor early gives them time to identify any defects or other issues that might need to be addressed before the bank will lend the money.

immediately. Any issues will have to be addressed eventually and the sooner your solicitor knows about them the sooner they can be dealt with. People often bury their heads in the sand hoping that their solicitor or the lender will not raise the issue. This just delays the transaction and the release of those all-important funds to the farmer. The message is very much one of preparation.”

If readers would like further information on re-mortgaging a farm or estate please contact Alexandra Phillips by email to alexandra.phillips@mfgsolicitors. com or call 0845 55 55 321.

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Bending Over Backwards Expert Witnesses confer and convene with legal high fliers on costs and other awkward questions Elizabeth Robson Taylor and Phillip Taylor MBE of Richmond Green Chambers review the highlights of the 2017 EWI conference.

Y

ou always know it’s autumn when the conference season kicks off. And it is usually the Conference of the Expert Witness Institute (EWI) that starts it in considerable style.

This year, on 21st September 2017, over 100 EWI members made their annual pilgrimage, as it were, to their usual conference venue of Church House, looking customarily impressive in its leafy, campus-like location in Westminster, not far from Westminster Abbey and Parliament.

As in previous years, the Conference was notable for its roster of distinguished speakers, from Lord Justice Rupert Jackson, who gave the keynote speech -- to the inaugural address delivered by Martin Spencer QC (now Mr Justice Spencer) who, in addition to his role as a High Court judge, has assumed the chairmanship of the EWI. Presided over by EWI Governor and Conference Chair, Amanda Stevens, this is a gathering where lawyers are well placed to garner important insights into the role of the expert witness in court -- and where expert witnesses can meet, greet and compare notes with each other, as well as with the lawyers whom they might possibly advise, or for whom they might well receive instructions.

Expecting an especially memorable conference this last year, the delegates were not disappointed.

The Keynote Lawyers of course will need no reminder that it was Jackson who, in 2009, accepted the monumental task of constructing the famed and often controversial ‘Jackson Reforms’ on the vexed question of costs, implemented finally in 2013. His keynote speech referred throughout to his latest supplemental report published on 31st July 2017. The title -- ‘Review of Civil Litigation Costs: Supplemental Report Fixed Recoverable Costs’ -- is self-explanatory.

Interviewed just prior to his keynote address, Jackson mentioned that his reforms have been the subject of some negative comment. The criticisms in his original report were aimed primarily at legal fees of the exorbitant, outrageous and disproportionate variety. Many have argued of course that what is termed disproportionate by the consumer of legal services is not necessarily considered so by the legal team which provides them.

Controversies on Costs Herein lie the seeds of controversy, not surprisingly, which have been germinating for some time. Meanwhile -- especially transatlantically --- the matter of ‘pricing’ legal services has become almost a separate discipline,

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presided over by consultants – not necessarily lawyers -- who claim special expertise in this area. It’s equally unsurprising that these and related developments have pointed up the need once again, for Jackson’s latest Report.

another, in certain areas of litigation. The obvious remedy, which again is hardly likely to come to pass all that soon, is simplification, which would certainly benefit bemused members of the public and the growing numbers of litigants in person.

Affable and erudite -- note that he has been editor-in-chief of The White Book since 2010 -- Jackson explored more than a few key areas of scrutiny on fixed recoverable costs. As expert witnesses can and do provide testimony in court which can turn the course of a case one way or another, they do expect to get paid – proportionately and preferably on time.

Judging by certain searching questions from members of the audience, issues of costs at this conference began to emerge as a major concern.

It would seem, however, that his criticisms of ‘too high’ court fees, have been met with indifference.

‘I might as well bleat at the sea like King Canute,’ he said. ‘Instead of being reduced, they’ve gone up. I’ve made harsh comments about that, but no one has taken any notice!’

Jackson therefore referred to the causes of excessive costs identified in his initial costs review. While most of his recommendations have been, in his words, ‘bedded in’ following their implementation in 2013, there are six remaining that haven’t -- and in which apparently little or no progress has been made.

In response to the obvious need for a further review, the Lord Chief Justice and the Master of the Rolls commissioned Jackson in November 2016 to develop proposals for extending the principle of FRC – Fixed Recoverable Costs.

An EWI First Judging from Jackson’s additional remarks just prior to the speech, the EWI members attending this conference were among the first to have sight of – or at least detailed information about – the latest recommendations in his supplemental report.

As the Report was first published in July of 2017, government ministers who were to be its first recipients, were all away on their hols and therefore not available for comment. However, by the time this article sees the light of day, they will indeed have seen the Report, one hopes, and noted its contents. But considered in the light of experience, it is not even remotely possible that the newly published recommendations will be implemented before Jackson’s retirement in March 2018.

His wide-ranging speech to Conference, however, covered many more issues, including matters such as guideline hourly rates… ‘not satisfactorily controlled’, and inadequate numbers of staff and IT facilities in the civil courts.

He pointed a critical finger at other factors that bump up costs: ‘time consuming court procedures’ are one example -- and ‘the complexity of the law’

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[Sorry, we can’t help mentioning here that King Canute gets a bad press on this one. What he was really trying to do was convince his sycophantic courtiers that even he, with all his earthly power, couldn’t control the sea -- any more than anyone can turn back the rising tide of new and ever-evolving legislation, as well as burgeoning costs.]

Turning his attention to matters of medical negligence -- ‘a very difficult subject’ – Jackson expressed the view that most such cases worth up to £100,000 were not suitable either for the fast track, or even the new ‘intermediate’ track which he has recently proposed for other matters. However, other medical negligence claims of under £25,000 could -- or might -- be dealt with by a ‘bespoke process’ and a grid of fixed costs.

The Executive Summary As for the Supplemental Report itself, ‘read my Executive Summary,’ is Jackson’s best advice – and a good suggestion too, as it functions as a precis and guide to the main document, while reiterating crucial points.

The first of these is a reminder that ‘In England and Wales, the winning party is entitled to receive costs from the losing party.’

Now there’s a grim reality that many overseas/transatlantic clients (you’ve probably got at least some of those) just simply don’t get. In their view it is: (a) incomprehensible; (b) unbelievable and (c) grossly and manifestly unfair.

A Flawed Recipe The consensus here is that each side should jolly well pay its own costs, thank you very much – which is not out of line with Jackson’s considered opinion that this winner-takes-all policy is quite simply ‘a recipe for runaway costs.’ Now though, it appears that the ‘recipe’ isn’t going to be changed in a large hurry.

Jackson nonetheless retains his staunch belief in fixed recoverable costs, stating unequivocally that ‘the only way to control costs effectively is to do so in advance.’ Agreed fees up-front…or in advance -- or whichever way you want to put it -- should in most circumstances, be the order of the day.

Data Protection Law evolves into a new niche W

e are at present seemingly swamped by marketing materials which are keen to point out the financial consequences of non compliance with the new EU wide data protection regulation, the GDPR 1, which is due to come into force on 25th May 2018. This legislation, despite the inevitable cost to business in terms of change to process and procedure, is badly needed for the protection of all of us. The stealing of personal data for nefarious reasons is becoming more and more common and it is right that the law evolves to protect its citizens. Hailed by many as a “revolution”, we prefer to think of it as an “evolution” to fill a niche largely created by e-communication.

For those of us involved in resolving family law cases using DNA testing technology, there are now some additional considerations, notably those relating to genetic information that could have derived from, say, a paternity test. For the first time, these data, along with biometric data are specifically mentioned in the legislation and are classified as sensitive personal information, along with religious beliefs, physical and mental health and ethnic origin. This is long overdue. Nothing is closer to your very being than your own unique genetic code. Analysis of your genes can already tell a lot about you, in the future this will be substantially more. Predicting (yes predicting, not just diagnosing) diseases, abilities

or preferences all come under the spotlight. For those of you that think that the ability of ISPs to present advertisements based on your surfing activity is bad enough, it is truly little compared to what could be done with access to your genetic data.

The key to unlocking your code is the physical DNA itself, which can be isolated from a bodily sample, most simply a cheek swab or saliva sample to collect some cells from inside the mouth. In a paternity test we look at regions of DNA that are to be found throughout your personal DNA code (your genome). For the most part, these regions (the DNA profile) have no functional consequence, they are just markers in the sand. They are powerful enough though, to identify your immediate family and who is, or is not, the father of a child. It is this DNA profile that you may hear about as being stored on DNA databases and retrieved for example, in connection with a crime.

More imperative to consider is the rise of companies which obtain your DNA sample and sequence the entire genome or make a detailed map, thus providing you with a report on say, your distant ancestry or changes in your genome which relate to disease pre-disposition or other characteristics. These data are necessarily far from complete and conclusions are far from absolute, yet these providers often continue to Continues over page

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Continued... hold the DNA, sample and data. Consumers may find that they have agreed to retention of their DNA and the sharing of their genetic data (sometimes with payment) with third parties for other purposes. The consent these companies have obtained from consumers is not a fully informed consent as there may be risks and consequences that currently cannot be foreseen. The retention of genetic information is in fact broader than that too…such information is being held by healthcare providers and by universities and indeed, sometimes without limitation of time. You may have heard of “biobanks”, where genetic information is held for the purpose of “research”…i.e. DNA data mining, which is often carrying a tenuous rationality.

This is precisely why GDPR is needed, consent buried in T&Cs is not a fair consent and the explicit “opt-in” required under GDPR will mean that consumers genetic data cannot now just be held in the expectation that an opportunity will arise for the testing company, without the consent of the donor to the use of their data in the new circumstances. GDPR also means that there will need to be accountability for the genetic data stored and how it is used. This is in no part a complete block on important genetic developments; GDPR is quite rightly asking for accountability for the DNA data, as it does with other pieces of Personally Identifiable Information (PII).

the cases we generally have to deal with, e.g. multiple solicitors representing different clients, the involvement of social services and local authorities, court orders, private individuals and international cases (including immigration), there is a veritable minefield of responsibility which must be attended to under GDPR. Coupled with the need of many to improve general internal practices (location of data, how it is used and shared, accessing from off site, cloud storage) GDPR will bring significant audit responsibility to the legal profession and it subcontractors.

We stand ready to work with you on these complex issues. What will arise will be a better system where genetic and other data is properly accounted for.

Dr Neil Sullivan, BSc., MBA (DIC), LLM, PhD. General Manager, Complement Genomics Ltd. (trading as www.dadcheckgold.com)

The General Data Protection Regulation see: https://ico.org.uk/for-organisations/guide-to-the-general-dataprotection-regulation-gdpr/ 1

In family law cases, which generally involve DNA profiling, reasonable steps must be taken to protect clients’ data. Given the complexity of

How can you really be heard?

I

t is only natural for people to want to be heard, and that is particularly true when they have a dispute.

We all know about people having disputes, personal as well as in business. It’s always the same; we are certain the other side doesn’t care to listen to our well-reasoned arguments, to our cool assessment of the situation, to our reasons why everything is their fault and not ours. And, sure as eggs is eggs, the other side usually feels the same way about us.

And the louder one of us shouts at the other, the less chance that we will be heard. So then what?

Your day in court Human emotions are present whether the dispute is between individuals, partners or even companies. They all involve people, and it is only natural that views become fixations when they are not resolved. Fixations often lead to a breakdown in communication, where both sides believe that if they could only have their ‘day in court,’ a judge would see that they were right all along.

But it rarely works out that way, as lawyers know only too well. When the day of the court hearing finally arrives, after months or even years of waiting, court procedure is formal and constraining; no-one has the chance to have a good shout at the enemy.. No-one listens to what the aggrieved party really tries to say, and the unemotional, impersonal atmosphere of the

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courtroom seldom gives either party the satisfaction of knowing that their complaints have been heard or understood.

Of course the court has a role if a dispute cannot be resolved in any other way, but one has to accept that a court can normally only find for one party and award an amount of money. One party walks away the winner, with an award of damages and (most of) their costs, and the other is the loser, leaving blood on the carpet. That can be catastrophic. And any chance of a future relationship, business or personal, is destroyed.

This ‘day in court’ comes only after months of waiting, and many hours spent with lawyers on witness statements and other procedural matters, when the disputant would be better employed in running their business, or perhaps spending more time on the golf course. And legal proceedings can be very expensive; I have often started mediations where the legal costs to date are significantly greater than the amount in dispute when the saga started!

I often refer to litigation as dancing with a gorilla, where the dance stops only when the gorilla decides to let go. Not sensible; there has to be a better way.

There is an alternative By contrast, mediation is more flexible and offers a greater freedom of expression than a court hearing. It has many other advantages:

• speed; • far lower cost; • no risk of paying the other side’s costs; • you can choose a mediator with relevant experience rather than the luck of the draw with a judge; • you can speak without prejudice; • there is no publicity; • you can agree things which a judge could never award; • and, most importantly, you will reach a settlement only if both sides can live with it. If mediation fails, you can still have your day in court, with all rights exactly as before.

But what about the four-pennorth you intended to give the other side at a court hearing? Here is some good news: mediation actually provides a better forum for letting off steam! A judge will never allow a slanging match in his court, but I have often conducted mediations where the parties so hated each other that at first they refused to sit in the same room. At the first caucus, they have sounded off to me about their “enemy” in words quite unrepeatable. This is known to American mediators as “spilling the bile”. I’ve listened, apparently with sympathy, but let the emotions run, and then got down to the business of finding common ground which has led to settlement. And after the rant, the party involved has felt far better about things, and in the right frame of mind to settle matters. It really is a fascinating process, to see how attitudes change after a good shout!

So each side has ample opportunity to be heard (after the

rant!) and to hear the other side in turn. No third party imposes an outcome, as with litigation or arbitration, and both shape and agree the settlement, which can involve lots of things, not just money.

It is really satisfying to see parties who have been at loggerheads for years looking at the matter constructively, and reaching that precious settlement which has eluded them for so long. Whilst a very small number of disputes may not suit mediation, it is usually hugely successful; my record after more than a hundred mediations is that 80% have settled, even including those where the parties started by refusing to sit in the same room. The satisfaction of a fair outcome is far rarer at the end of a court hearing, and the parties didn’t even have their chance to shout at the enemy!

So a day at mediation can be so much better than a week in court. You have a much better chance of being heard!

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

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Why it pays to instruct a trained expert witness.

T

he role of the expert can be integral to court cases, proving informed evidence and argument. It can be very tempting to carefully select an expert who endorses your case. However, care is needed. The role of the expert witness in relation to court cases is defined by very specific protocol and a failure to observe this can prove detrimental to the strongest case.

In almost every other element of work that the expert undertakes, there is a degree of advocacy, in that I am commissioned, in part, to represent my client’s interests. However, as an expert witness, my duty is to the court, even though I have usually been instructed by one of the parties.

Any bias in the expert’s report is prone to be highlighted by the QC for the other side, and this could undermine the merits of the case.

One of the key areas where care is needed relates to facts and whether they are known or assumed. The expert needs to be able to separate these, and attribute weight accordingly. Otherwise, a case may be built on wrong evidence. This is more than semantics over wording. Unless I know something to be a fact, I need to establish that I am assuming it. If my client informs me of an event, there is the risk that, without independent evidence, they could be wrong. The caveat that I am assuming they are correct places the issue in context. A good QC will look for weaknesses such as this, and focus questions here. Otherwise good work can be underdone by presenting an assumption as fact.

There are facts and opinions. These need to be treated separately. Often the court is seeking my opinion. This needs to be presently clearly, in its own section, and based on the evidence. I once read the report of an expert who provided their own character appraisal, suggesting that one party, whom they had never met, was not a reliable witness, and thus discounting their evidence. I seek to avoid such wording. It is for the barrister to deal with this element. I focus on the merits of the evidence.

It is also important to stay above the emotions of a case. I frequently work on boundary disputes, which are often associated with a breakdown in relations between two parties. It is integral to the case to operate away from this emotion and to calmly navigate the path of clear facts and opinions. In truth, this can be a challenge. I used to be a tree officer for a local authority and appreciate the emotions that can develop when trees subject to a Tree Preservation Order have been damaged or felled.

I have represented both parties in different prosecutions and have seen otherwise strong cases thwarted when the evidence has not been subject to sufficient rigour. In one notable case, the prosecuting authority based their argument on the defendant confirming that he had felled the trees, and didn’t explore whether the work could have been exempt!

My training included the emphasis that the expert needs to comment only on their own area of expertise. This can require discipline, as instructing parties can ask questions away from this. One of my specialisms is tree safety, and I have been asked to explore if weather was a factor in tree failure. One has to be careful not to try to become a meteorological expert in this, but to place supporting evidence in the correct context.

Finally, as I mentioned earlier, my duty is to the court. I cannot be a hired hand. This was drilled in to me during my training with Bond Solon. When doing my work, I try to picture myself sitting down with both parties and explaining the situation to them. My report should be the same whether I am instructed by either party or as a Joint Single Expert. The courts seek

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the thoughts of an expert, and assume that this person is familiar with protocol. A trained expert is, and is thus better placed to correctly present the evidence. As a CUEW, I am required to remain up to date on legal issues and protocol, ensuring that this element of a case is in safe hands.

Mark Chester Cedarwood Tree Care

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Annual Bar & Young Bar Conference 2017 One Bar: Threats, Opportunities and Strengths The Tragedy of the Young Bar Uncovered As assessment by Phillip Taylor MBE, Reviews editor, ‘The Barrister’, and Head, Richmond Green Chambers

T

he annual Bar Conference never disappoints and this year’s 32nd get-together in London was no exception. For readers who have never attended the event, it is organised to cover high-profile key note speakers and a series of “break out” sessions to cover specific areas of practice.

Described as a “flagship event”, both the Bar and Young Bar now hold their Conferences together. Not surprising really because the state of the Young Bar remains perilous! The Chairman of the Bar, Andrew Langdon QC, opened proceedings with a hard-hitting series of statements. Langdon began on a reasonably optimist note about our future, but it did not take long before we got to the heart of the current agenda- the threats to our existence.

“Our demise has been prophesied since I was called 31 years ago” , he said. “But you cannot keep a good idea down” referring to the tripling in the size of the Bar during those three decades.

Langdon went on to cover the big current issues of the moment: ‘flexible operating hours’; women in practice; technology; and judicial morale.

But worse was to come – the shrinking of the junior Bar, with Langdon saying, “we are currently losing young barristers who see how hard it will be to pay back the debts they incur in training” . A conclusion which ran through the entire day was the event’s peroration with many attendees believing that “the lack of confidence in public funding is partly what has caused chambers to recruit fewer members.”

Which brings us to Duncan McCombe, chair of the Young Barristers’ Committee, who presented a message “of hope tinged with caution” according to one commentator although behind the public face there remains a deep-

rooted concern at the huge drop in younger people attending the Conferences and being able to stay the course of early years at the Bar. McCombe was impressive and did not rock the boat, but the tragedy of the Young Bar is upon us unless action is taken. And that applies also to training contracts for trainee solicitors. He finished with these words: “The practice of farming out junior practitioners for heavily reduced rates or nothing at all, so that larger Crown Court briefs can be brought in for those higher up in Chambers is exploitative. It must stop.”

He is right, and sadly it is not just about the Junior Bar, either. When we all started as lawyers we needed the initial work experience which is more difficult to get today (because of legal aid cuts) so we need such exploitation to stop or there will not be new people following us in the profession.

Of course, we received the most welcome Susskind treatment as well. Now Richard Susskind can be misunderstood but his keynote to the Young Bar was unmistakable assessing how technology can make access to justice more accessible, so it will be a choice of whether to compete or embrace new technology for the excellent Heather Hallett reminded us “having highly skilled specialist advocates is a good idea… and you cannot keep a good idea down” . Thank you, Heather, for that very positive sound bite which ran through all the sessions.

We are, of course, keeping the best moment to last although if you have not been to this Annual event before do come next time. There is so much to offer from the top of the profession because there is normally at least one treat in store- this year it was the indefatigable Henry Brooke who never fails to surprise us.

We don’t get many standing ovations, that is for political Conferences which are normally fixed. However, Henry Brooke got one for a most passionate speech. Readers will be familiar with Henry from his time on the Bench and his courage in fighting for a cause, whether prison reform or legal aid. It was legal aid this time and his quiet and carefully constructed delivery made the Conference.

The final word will go to the Bach Commission report. We had both the Attorney General and Solicitor General present at the event - they treat our deliberations very seriously, so we know the message gets back to the top. The point from 2017 onwards is that legal aid has wreaked havoc, especially in lower proceedings where the savings have been big but not as brilliant as the Treasury (and some MPs - we know who you are) hoped.

As Brooke indicated referring to a letter from a district judge who wrote, the day in court “is a long nightmare”, for “so very many have mental health problems, drugs, language, learning difficulties”. That unnamed DJ said, “I cannot no longer do justice or protect the vulnerable child or adult”. He wrote - “I am in despair”.

It doesn’t have to be like this and that is the message from these Conference sessions for me for we can go forward being positive and avoid what could be big tragedies for the future as the legal agenda changes in post-Brexit Britain.

Thank you to everyone for making this event so memorable at a clear turning point for the profession.

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Court of protection highlights human cost of cuts T

“The 330 stayed cases at the Court of Protection represent a fraction of the thousands of people around the country who we believe are being deprived of their liberty without proper judicial oversight, in contravention of their rights under the Human Rights Act.

he state must protect vulnerable people from being deprived of their liberty without proper legal safeguards, the Law Society of England and Wales said following a stinging ruling in the Court of Protection.

and restricted and they may be given medication and other treatments to control their behavior.

“The judgment shines a light on a largely hidden area of our justice system where people suffering from dementia, Alzheimer’s or a learning disability wait indefinitely for their cases to be heard because of a lack of funding for representation,” Law Society vice president Christina Blacklaws said.

Many people will understand the challenges of making decisions for a relative who is unable to give their consent.

“The Law Society Mental Capacity Accreditation scheme, which trains and vets solicitors so that they have the skills and knowledge to represent the interests of people who lack capacity, is only part of the solution.

“We are very grateful to Mr Justice Charles for his continued determination to highlight the human cost of cuts to local authority and rationed Ministry of Justice funding – and to find a solution,” Christina Blacklaws added.

“As Mr Justice Charles makes clear, the State can no longer abdicate responsibility for providing funding – either to local authorities or to the Ministry of Justice – to protect some of the most vulnerable people in our society.”

“People can be deprived of their liberty, their movements closely supervised

“These restrictive arrangements may be in the individual’s best interests, but authorisation from the Court of Protection is needed to ensure the vulnerable person’s rights are adequately protected.”

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Five reasons to outsource your payroll

By Julian Bryan, Managing Director, Quill

the law. Whether you’re a small, medium or large-sized business, you have a legal requirement to comply by your allocated staging date.

We strongly recommend checking your staging date as soon as practicably possible.

It’s easy to do. First, hunt out your PAYE reference. This is conveniently located on all your company’s HMRC documents. It takes a 3-digit, 7-character format, for example, 913 / WZ5121A. Armed with your unique identifier, go to the online staging date tool at www. thepensionsregulator.gov.uk/employers/ staging-date.aspx, enter your PAYE code, complete the recaptcha box and click the ‘Show my staging date’ button.

T

he clock is ticking for UK employers who haven’t yet gone live with auto enrolment workplace pensions.

The final staging dates are imminent and The Pensions Regulator is now routinely publishing details of employers who’ve been ordered to pay fines for ignoring new pension rules.

If you’re not compliant already, now’s the time to act. However, if you’re battling to get to grips with auto enrolment (and we wouldn’t be surprised; it hasn’t been labelled “the biggest shake up of pension reform for a generation” for nothing!), there’s never been a better time to outsource the increasingly burdensome payroll function.

“You’re bound to say that!” we hear you shout. And, yes, we agree with you. As an outsourced service supplier, it’s in our best interests to promote outsourcing at every opportunity. But, we anticipate some scepticism which is why we’ve helpfully compiled a compelling list of five good reasons in our attempt to convince you that we’re not being entirely selfish. We’re actually doing our bit to help you cope with mandatory pension reform and avoid costly financial penalties or irreversible reputational damage.

So, without further delay, let the five reasons begin:1. Auto enrolment applies to everyone Even if you employ just one person, you’re still obliged to provide a workplace pension.

In other words, there’s no avoiding it. It’s

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judgement as to whether each element fits within the definition of qualifying earnings.

All this lengthy preparation is stressful enough without a last-minute rush by businesses who’ve left it until the eleventh hour to prepare. Much more so, if you have!

And, even when you’ve reached your staging date, your responsibilities don’t end there. Employees must be re-assessed, contributions re-calculated, opt-ins added, opt-outs removed with refunds given each payroll cycle. Not forgetting general record keeping and reporting which is part-andparcel of maintaining a clear audit trail of transactions. It’s a mammoth task and one which needs tackled every few weeks ad infinitum.

2. Punishments are enforced Just as with any breaches of the law, there are punishments for non-compliance. The Pensions Regulator is empowered by the UK Government to regulate and fine businesses who don’t comply, whether deliberately or unintentionally. Financial penalties range from £400 fixed penalty notices right up to £50,000 civil penalties for companies failing to engage with auto enrolment or pay contributions due.

And it’s not just the financial cost, although this is obviously deterrent enough. The negative publicity surrounding your unlawful activity may cause irreparable damage to your professional reputation. As a legal service provider, this is extremely embarrassing. Even worse, you may lose clients as their trust in you becomes questionable and, as a result, they begin to conduct their legal affairs elsewhere with one of your (delighted!) competitors.

3. Managing work-based pensions is demanding and complicated Even before your staging date arrives, there’s a lot to do. This includes assessing your workforce to see who’s eligible (against defined criteria), choosing a pension scheme (from an auto enrolment ready pension provider) and communicating with your staff regarding their options.

One of your earliest decisions relates to the individual pay components which determine your employees’ qualifying earnings, for example overtime, commission and bonuses. It’s up to you to make a reasonable

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The main reason cited by businesses postponing their staging date is an inability to cope with the excessive amount of prescribed paperwork. Despite being on the horizon for years, firms are continually caught unawares by the sheer volume of work involved preparing for auto enrolment.

4. Selecting a pension provider is a difficult decision Pension providers are much of a muchness, offering the same service for the same fee, right? Wrong! With no restrictions on charges, some providers are applying additional administration costs. Providers’ benefits, such as range of investment options and web-based software support, vary drastically too.

Your choice of pension provider will influence the costs to your business of auto enrolment as well as determine the administrative processes involved. So, the small print matters and needs to be carefully checked, compared and questioned before you sign on the dotted line.

5. There are other payroll duties to manage too To top it all, your payroll clerk (who may also be your business manager, accounts clerk, general administration assistant, receptionist or everything combined!) has all his / her existing responsibilities to take care of. Your employees’ salaries, for instance. After all, unless they’re working on a voluntary basis, at the end of each month, your employees have to get paid.

On a standalone basis, payroll management can be a full time job, covering salary processing, SMP, SPP and PAYE payments, payslip production, in-year and year-end reporting, as stipulated by ever-changing HMRC legislation.

A heavier workload resulting from the introduction of auto enrolment pensions and, suddenly, the role assumes unmanageable proportions. The net result of overwork is often stress at work. This isn’t pleasant for your struggling employee, who may require long-term sickness leave for recovery purposes, or for you dealing with the fallout, sharing your absent staff member’s duties between present employees or recruiting temporary stand-ins.

As a Bacs-authorised bureau (more on this later), we’re permitted to perform your payroll function on your behalf, including transferring money from your business bank account directly into your employees’ bank accounts to pay their monthly salaries, thus

significantly lightening the load on you.

These five reasons are specifically related to payroll and pensions. There are, of course, many other reasons to outsource complex, heavily regulated back office business functions. For example, lower operational costs, enhanced risk management, compliance assurance, availability of valueadded support, automatic emergency planning, built-in disaster recovery, scalability, healthier cash flow and business development assistance… to name a few.

Read our earlier “Ten reasons to outsource your cashiering” guide at www.quill.co.uk/10reasons for full details because, although specifically related to outsourced legal cashiering, the substantial list of benefits is equally resonant when the topic’s focused on outsourced payroll.

To wind up, then, hopefully by now you’ve gained a better understanding of what’s demanded by auto enrolment. You may also

have come to the conclusion that you simply don’t have the capacity to cope in house with your already-stretched human resources. In which case, our Quill Payroll outsourcing service is an increasingly appealing option.

HMRC approved, Bacs registered, Chartered Institute of Payroll Professionals accredited, 40+ years experienced, Quill Payroll is a service you can depend upon, leaving you free to focus on running your business with complete confidence that your payroll and pensions couldn’t be in safer hands.

Visit our dedicated Quill Payroll website at www.quillpayroll.co.uk, email info@ quillpayroll.co.uk or phone 0845 226 2587.

Julian Bryan joined Quill as Managing Director in 2012 and is also the Chair of the Legal Software Suppliers Association. Quill is the UK’s largest outsourced legal cashiering provider with 40 years’ experience supplying outsourced services and software to the legal profession.

www.worcestershirelawsociety.com

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Financial Concerns Limit People’s Inheritance Expectations But Not Their Charitable Spirit A

lthough British people worry about their finances, the majority no longer expect to receive a considerable amount of future inheritance and are willing for their parents to factor in other beneficiaries into their Will, including good causes.

These findings - from a recent study1 by Remember A Charity - highlight the importance for solicitors of making clients aware of the option of including a gift to charity in their Will, once they have taken care of family and friends.

Based on twin surveys of over 2,000 adults (half aged 30-45 and the other aged 65+), the study explored people’s attitudes and expectations around inheritance. It found that while both generations worry about their finances, the older generation is more concerned about their children’s futures than their own. They want to be able to take care of their children and are concerned about escalated living costs and other financial uncertainty.

“We would always encourage people to consider their family and friends first, but it’s great to hear that people seem to understand that they can use their Will both to look after their loved ones and their favourite charities.

With charities feeling the double-edged sword of continued funding cuts and ever increasing demands for services, the support of the legal profession has never been more important.”

Backed by Government and the Law Society, Remember A Charity is now launching its annual outreach programme working to encourage solicitors and Will-writers to highlight the opportunity of including a charitable gift to clients. The campaign is calling on solicitors and Will-writers to join its existing network of over 1,100 Campaign Supporters and commit to share information with clients about legacy giving.

To find out more or join the existing network of 1,100 campaign supporters visit www.rememberacharity.org.uk.

Survey carried out by Censuswide, 14-18 July 2017. Sample base 1,014 people aged 30-45 and 1,008 people aged 65+.

1

The under-45s expressed their worries about their own financial future, with the rising cost of living, social care, property prices and Brexit all cited as factors that are reducing their expectations around what they might inherit in the future. As a result, only a third of adults said they expect their parents to leave them everything they own when they pass away and fewer still now factor inheritance into their long-term financial planning.

While both generations were asked their views on what they want to do with their estate or inheritance and whether they would be happy for any potential inheritance to be donated to good causes, the under-45s were shown to have a particularly strong social conscience.

Rob Cope, Director of Remember A Charity, says: “This suggests a shift in attitudes between generations. The older generation is enthused about the concept of leaving a gift, but remains understandably anxious about the need to take care of their families.

“Meanwhile, their children’s generation is equally concerned about finances, but no longer expects to receive a sizeable inheritance. They have a strong social and moral conscience and, although most hope to be included in their parents’ Wills, the main concern is for their parents to do what they want with their estate, making provisions for all those things that matter to them.”

When it comes to charitable donations, over half of under-45s are happy for their parents to donate part of their estate to good causes.

One in 10 claim that they have already actively encouraged their parents to use their Will to do social good and one in 20 went so far as to say that they would be happy for their parents to leave their full estate to good causes.

Cope adds: “Despite the spiralling costs of living, social care and economic uncertainty around Brexit, people have a strong social conscience and many even encourage their parents to use their estate to make the world a better place.

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FINDING YOUR VOICE IN TODAY’S DIGITAL A N D P RINT ME D I A

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Delving Deeper into Flood Due Diligence W

hen it comes to undertaking environmental due diligence as part of any property transaction, irrespective of whether it’s residential or commercial, it’s important to ensure that the right level of analysis is undertaken.

From a buyers’ perspective, they rely on their lawyer for insight and guidance into such hazards, and with research showing that one in every six residential properties is considered to be at some level of flood risk in the UK*, it is important to ensure all checks are made to ensure compliance.

guidance is of high quality and unambiguous; enabling solicitors, purchasers and where relevant - lenders with the ability to make better informed decisions.

A recent example of this can be seen in a case study following a solar farm purchase. The client had two lawyers acting on their behalf – one was an energy lawyer and the other was a property lawyer. The seller received two environmental reports for the farm – one commissioned by the seller at the outset, and the other by the financial institution later in the process.

The good news for conveyancers is that you’re not expected to become environmental specialists overnight. Flood reports have evolved and today the right reports present high quality consultant-led opinion and relevant flood data in an easy to understand, visual format that make them clear to interpret and more consumer-friendly than ever before.

One was a consultantled report – which in this circumstance was an Argyll Site Solutions Combined report – and the other was a standard, automated flood report.

They make it clear what the results mean for the property purchaser and today, some provide a series of ‘next steps’ from qualified environmental consultants as part of the report, offering specialist guidance.

On review, while the data sources used in both reports were similar, the automated nature of the standard report meant that the proportion of the site at risk was not investigated.

This means that far more reports will be passed first time as any ‘at risk’ addresses will be manually assessed by a team of expert environmental consultants, at no additional cost.

Ensuring the right calibre of report is used is important.

There are reports that are automated, which present findings based on predetermined datasets.

However, working with providers that offer consultantled flood risk assessment offer advantages: identified risks are genuine and resulting

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It resulted in a clear conflict of results between the two reports and, as such, the deal could not proceed until the issue was resolved.

The consultant-led report on the other hand was able to establish that the only area of risk is was in the far northern corner of the site and that defences made in the wider area by the Environment Agency have in fact risked the area to Low. A partner for the property lawyers was quoted as saying: “This was a good example of an automated search result being unhelpful and positively misleading, as the search result is based on manual review of the data and its further review on the discrepancy being raised confirmed it could

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reduce the risk, as the last instance of flooding affected only 0.5% of the site.”

The use of consultant-led reporting over computer modelled risk-only reports means there is greater opportunity to pass, wherever possible, avoiding false positives that lead to delay and extra costs - and even lost sales.

Being able to combine the best environmental data with expert consultancy ultimately enables conveyancers to provide the most thorough guidance to client, while maximising passes and ensuring clients are reliably informed and confident of the information being presented. It also maximises the chances of progressing a transaction in an efficient and compliant manner.

With unseasonal and often extreme weather conditions

Current Flood Risk

continuing to occur, it is important that the correct level of due diligence is undertaken before any transaction completes to comply with the Law Society’s Flood Practice note: in my opinion, it doesn’t pay to leave flooding to chance, but instead is the duty of conveyancers to deliver clear advice upfront.

And, with today’s consultant-led reports, it means you can do this with confidence – and without the need to acquire an environmental qualification to do so. https://www.landmark.co.uk/ landmark-legal/riskview

* https://www.theguardian. com/environment/2015/ mar/25/one-in-six-ukhomes-risk-from-floodingmps-report

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

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

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

“Many people can get lost in the conveyancing maze.

Estate agents, lenders and conveyancers all have a role to play in ensuring things proceed as smoothly as possible.

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

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

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

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

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

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

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

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

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

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