In Touch Magazine - Summer 2014

In Touch

The Official Magazine of Suffolk & North Essex Law Society

The Official Magazine of Suffolk & North Essex Law Society

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Contents

Issue 3 Summer 2014

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A Message From The President

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From the Council Chambers

Advertising/Features Simon Castell Christine Kettle

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The CON29DW

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Junior Lawyers Division & Lifestyle4Lawyers

Key Account Manager Denise Castell

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Legal Aid News & Secretary’s Spot

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Law Advice Centre Review

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Law Society Says Law Firms at Risk of Computer Malware

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Law Firms & Solicitors Replay Cricket Match 100 years on

Design Matt Wood East Park Studio Accounts Michaela Hogan

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PRO/PLO’S Piece

Media No. 1111

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DogsTrust Come to Essex

Published June 2014 Legal Notice © East Park Communications Ltd. None of the editorial or photographs may be reproduced without prior written permission from the publishers. East Park Communications Ltd would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of East Park Communications Ltd. Correct at time of going to press.

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Majority of Britons Have No Will

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PI Lawyers Support ATE & Law Society Calls for Action as Human Rights Lawyers Receive Death Threats

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Lord Faulks: Courts Should be The Last Resort

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Law Society backs legal challenge by Rights of Women to restore access to legal aid for victims of domestic violence

The appearance of advertising copy in this magazine does not constitute an endorsement of the individual advertisers by the Suffolk and North Essex Law Society.

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Professional Indemnity

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Select CPD Course 2014

Suffolk & North Essex Law Society

Tel: 0151 651 2776 simon@epc.gb.com www.epc.gb.com

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A Message From Our President

Officers of the Society

Vice President Philip Hoddell Birkett Long, Colchester Tel: 01206 217320 Fax: 01206 711348 email: philip.hoddell@birkettlong.co.uk Deputy Vice President Nigel Farthing Birketts, Ipswich Tel: 01473 232300 Fax: 01473 230524 email: nigel-farthing@birketts.co.uk Honorary Secretary Neil Grigg Greene & Greene, Bury St.Edmunds Tel: 01284 717422 Fax: 01284 705739 email: neilgrigg@greene-greene.com Honorary Treasurer Richard Foyster Ashton KCJ, Felixstowe Tel: 01394 277188 Fax: 01394 670726 email: richard.foyster@ashtonkcj.co.uk Honorary Council Member Roger Buston Asher Prior Bates, Colchester Tel: 01206 768331 Fax: 08700 543630 email: rbuston@apblaw.co.uk PRO/PLO Jonathan Ripman Gotelee, Ipswich Tel: 01473 298140 Fax: 01473 230387 email: jonathan.ripman@gotelee.co.uk Education & Training Officer Lisa Collins Birkett Long, Colchester Tel: 01206 217361 Fax:01206 711386 email: lisa.collins@birkettlong.co.uk Administrative Secretary Christine Kettle Whitegate Cottage Coddenham Green Ipswich IP6 9UN Tel/Fax: 01449760731 email: snels@topcopysec.co.uk

Suffolk & North Essex Law Society

President Penny Brice Rudlings Wakelam, Bury St. Edmunds Tel: 01284 755771 Fax: 01284 762436 email: penny.brice@rudling-wakelam.co.uk

T

his last year has rushed by. The negative impact of the changes to Legal Aid has fortunately been lessened by the increase in the economic market and the upturn in conveyancing. However, we must not forget that Legal Aid has been decimated and access to justice is no longer available to a significant chunk of society. As a profession we must stand up for Legal Aid, otherwise, next, freedom of choice of legal representation will go and we may only have the choice between Co-op Legal services/ Eddie Stobbart/Capita or whoever is able to offer bulk services (for an agreed and reduced fee of course).

Having followed Jonathan Ripman (an icon!), I do not feel I have adequately filled my predecessor’s boots; however, I am sure that Philip Hoddell will easily fill mine (not least as they are a size 5!) and more so because he is very capable.

On a final note, I love being a lawyer and I love my job but I just cannot see where the profession is headed and I am worried for the future. I wish I were 65 and able to bury my head in the sand and retire, but I am not so just throw it at me and I will deal and adapt (as we all hopefully will)!

Penny Brice,

President Suffolk & North Essex Law Society

Dates for the Diary Monday, 30th June 2014

Legal Aid Walk – Christchurch Park, Ipswich. Starting at 5.30 p.m.

Wednesday, 2nd July 2014

SNELS AGM – Gotelee Solicitors, Ipswich. 4.30 p.m. for 5.00 p.m.

Friday, 21st November 2014

President’s Annual Dinner – The Moot Hall, Colchester Town Hall

Future Council Meetings for 2014: 15th September 2014 17th November 2014 If you would like any specific items discussed by your Council, please notify our Admin. Sec. (snels@topcopysec.co.uk) to ensure they are included on the agenda.

Next Newsletter The next Newsletter will be published in October. If you have any articles or letters you would like included, please forward them to the Editor, c/o Admin. Sec., at snels@topcopysec.co.uk

www.snels.org.uk

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From the Council Chambers

SNELS Council Member Report Chancery Lane: May 2014

CM Activity Attended TLS Council on 1st/2nd April 2014. Attended CMC on 15th January 2014. Attended Property Section Executive on 25th March 2014. Attended CMCC on 9th April 2014.

The last TLS Property Section Executive Committee Meeting was on 20th May 2014.

Summary SNELS AGM

The SNELS AGM 2014 will be at 16.30 for 17.00 on Wednesday, 2nd July 2014, at the Marriage Hall, 31-41 Elm Street, Ipswich IP1 2AY and will be attended by TLS DVP, Jonathan Smithers, who will give the keynote address for us this year. Thank you, once again, to Jonny Ripman and Gotelees for offering the venue.

Law Society Elections

During a break in the formal business of the Council Meeting on 2nd April 2014 hustings were conducted at which the seven Council Members who stood as candidates for Deputy Vice President (DVP) had the opportunity to be grilled by their peers.

The opportunity was given for them to make short speeches then to respond to questions from fellow Council Members. Under the Bye-Laws of the Law Society, the DVP is elected by the Council.

The successful candidate was Robert Bourns, who will take up the appointment of DVP from TLS AGM in July 2014. Robert is a Past President of Bristol Law Society and a member of City of London Law Society, as Senior Partner of a national law firm with offices in the City, Manchester, Belfast, Bristol, Edinburgh and Glasgow.

He has already been approached to be our keynote speaker for our AGM 2015! The TLS Team for 2014–2015 will be President, Andrew Caplen, Vice President, Jonathan Smithers, and DVP, Robert Bourns.

Law Society Staffing

Sadly the AGM will also see the departure, after eight years’ tremendous dedication and service, often in pretty trying circumstances, of TLS CEO, Des Hudson. The process for the selection of his successor is under way.

Also retiring from TLS is Head of Corporate Affairs Dr. Patricia Greer. We wish them both well in their future careers, and thank them for their unstinting hard work and loyal service to us and our Society.

Legal Aid

The Government Response ‘Transforming Legal Aid : Next Steps’ was published on 27th February 2014, accompanied by the independent reports from Otterburn, Legal Consulting and KPMG which informed the Government’s proposals. In line with Council’s motion of 24th February, TLS Council responded by reiterating our firm opposition to fee cuts, stating our serious reservations about the proposed contracting model and expressing concern about the challenging future for many of our members. In our response we recognised that the Government had listened to the concerns

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raised by our members and noted that it was helpful that they had made a number of changes that would mitigate to some extent the impact on our members. In addition TLS has been working to provide a package of advice to firms considering bidding for contracts as a consortium. TLS have also put together a toolkit for solicitors wanting to raise awareness of the impact of proposed criminal Legal Aid cuts ……….and to dispel the myth that all solicitors are high earners.

Following the announcement of the LC decision on CLA, TLS has published guidance and assistance to the profession. A series of road shows are underway providing members with guidance and information.

The MoJ announced on the 27th March 2014 that the second phase of cuts to litigators fees as well as the third part of cuts to advocates fees would be reviewed on the basis of the ongoing reviews and the latest Legal Aid Fund forecast. At the same time it was announced that £9m would be spent to bring forward the introduction of interim payments to litigators in lengthy Crown Court cases. TLS continues to engage with the Legal Aid Agency to insist that necessary steps are taken to mitigate the risks of the proposals in the areas identified by the KPMG report as posing particular challenges. TLS has urged the LAA to provide as much transitional support as possible

More Effective Engagement with the Profession

TLS has moved quickly on implementing Council’s requirement on 12th February 2014, that TLS must work hard at becoming a truly member-focused organisation. A Project Manager has been appointed and staff will be seconded from across the organisation to manage the day-to-day work. To achieve this ambition, TLS must re-engage members, better communicate the value of membership of our Society, and, by delivering valued services and products, give all of our members reasons to recognise that being part of TLS is an essential part of being a solicitor.

To support this objective a senior project leader has been recruited and a group comprising staff and CM has been convened.

Other Engagement Activity

Council heard about a debate on the Government’s proposals for judicial review organised by the All-Party Parliamentary Group for Legal Affairs, which is co-sponsored by TLS with the Bar Council.

The Relationship Management team has arranged a number of chief executive and officeholder visits at local law society events across the country.

Raising the Profile of TLS Member Services

Find a Solicitor (FaS)

The Find a Solicitor (FaS) site will be launched in three phases. One of the phases would provide specific service to solicitors with regard to making regulatory checks. The information provided on the FaS site was dependent on the data collected through PC renewals.

Work was still required to refine the information provided on the site, to deal with entities such as Irwin Mitchell, which could be regulated in at least five different ways. The next phase of the site is due to be launched shortly.

Consultations and Practice Notes

Responses to consultations on the future of the Land Registry have been prepared; Practice Notes on Sharia principles, QASA and Cloud computing have been issued.

Regulation:

Issues currently being addressed include: the future of the compensation fund; SRA proposals on ratings for Pll insurers; LSB consultations on lay chairs and recruitment exercises for Board members; SRA proposals for CPD; reviewing the Society’s role in embedding ethics in the profession; consumer credit licenses.

Law Reform

TLS has been engaging extensively with the Review Committee on Guideline hourly rates (GHRs), lobbying for stability.

Family and Social Justice

TLS is discussing our concerns about what appears to be a policy

by UKBA of trying to bypass solicitors when dealing with migrants with the relevant minister.

Conveyancing Portal

Detailed processes are progressing to target and product development is slightly ahead of plan.

Roger Buston - TLS Council Member SNELS, Asher Prior Bates Office

: 01206 768331

email

: buston@apblaw.co.uk

Mobile : 07770 305977

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www.snels.org.uk 07/10/2013

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Suffolk & North Essex Law Society

TLS will be participating in the National Legal Exhibition & Conference (LegalEx) on 15th-16 May 2014. This two-day event will include an 80-stand exhibition, eight theatres focusing on topics such as legal technology, how-to sessions, practice growth and legal updates.

Our theatre will include seminars on the Conveyancing Portal and CQS and Law Society Consulting, promoting Lexcel, commercial investments and accreditations. Council also heard about the 25th anniversary of the Practice Advice Service (PAS), which had been marked with articles in the Gazette and on the Law Society intranet.

The team plans to capitalise on the success of the anniversary and related articles to market the service over the coming year.

The CON29DW Why rely on anything else?

Developed in consultation with the Law Society and containing authoritative data from the relevant water company, the CON29DW Drainage and Water Enquiry provides conveyancers with all the information they need to provide peace of mind for home buyers, lenders and the reputation of their own practice.

Crucial Information The CON29DW offers underwritten and guaranteed property-level information, alerting home buyers to possible risks. Details of the report include:

• • • • •

Accurate locations of drainage and water assets Adoption agreements relating to these Property drainage and water connections Likelihood of internal sewer flooding An indication of issues that could affect future property development

Unlimited Liability*

Issues Limiting Future Development (and value!)

As the CON29DW comes with unlimited liability for property transactions, there is no need for buyers to take out additional insurance.

A water main or public sewer within the property’s boundary, or in close proximity, could mean that further building work is limited. For sewers a build over agreement would be required, and water mains would need to be moved (at considerable cost).

* Please note that when the report is used for land only transactions the water company’s entire liability is limited to £5,000.

Case study:

Case study:

In one example, the CON29DW failed to disclose that the property was not actually connected to a public sewer, but instead drained to an old septic tank, that was beyond repair. Under the Terms and Conditions of the report, the water company covered the cost of connecting the property to the public sewer. Had the owners not used the CON29DW, they would have had to pay these costs themselves.

When a recent CON29DW stated there were no water mains within a property’s boundary, this was later found to be incorrect. The discovery of a water main in the garden meant the property could not be extended as planned. The Terms and Conditions of the report meant the owner was completely protected, however, and the water company covered all costs of diverting the main.

Geodesys provide the CON29DW for all properties in England and Wales as well as being a reseller of a wide range of search reports.

For further information, please contact Victoria Constable, our Client Account Executive in your area, on 07540 015073 www.snels.org.uk

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Suffolk & North Essex Law Society

JUNIOR LAWYERS DIVISION The SNEJLD have had a busy few months with a very successful drinks event in Colchester, a strong presence at the networking skills event run by the University of Essex and a well attended seminar on NQ recruitment in Ipswich.

Our last event was a Thames River Cruise on Saturday 17th May 2014. This saw the SNEJLD join forces with the South Essex JLD and the Hertfordshire JLD for a masquerade ball on the river. Following this, we are looking forward to more events in June, including a charity quiz, and details will be circulated in due course.

The aim of the current SNEJLD Committee is to continue providing events that are useful in terms of networking with other junior lawyers, and in terms of providing

knowledge and skills. For up to date information on future events, please join the mailing list via our website – www.snejuniorlawyerswordpress.com.

The SNEJLD is open to law students through to solicitors with 5 years PQE and membership is free. It is a great way to meet other young lawyers in the area and we are always keen to have new members join us. If you know of anyone that might be interested in joining or would like more information, then please do not hesitate to contact me at the email address below.

Jess Piper Chair of the SNEJLD Email: jessica.piper@ashtonkcj.co.uk

Lifestyles4Lawyers is a complimentary work-life balance portal for the legal industry.

Managing Director Amanda Noble-Simmons has spent the last 18 years working in the legal environment and has experienced and witnessed the long hours, stress and toll the legal industry places on its fee earners and support staff. This may apply throughout most professional service firms, as stress levels rise and our health declines. Prompted by her own experience, Amanda set up Lifestyles4Lawyers to help promote a healthier work-life balance for legal professionals.

Lawyers face unique challenges at work. They manage case loads, face billable hour targets and are expected to meet extremely high standards in everything they do. Many legal professionals work extremely long hours and no longer have time to organise and do the things they enjoy outside of work.

This leads to a feeling of stress. Dealing with these challenges can be difficult, but now Lifestyles4Lawyers is here to help.

We provide articles about Wellbeing, Fitness and Nutrition. Tips from professionals in their field and your peers, are offered in our ‘On The Job’ section. In ‘Spotlight On Lawyers’ we run articles where legal professionals share what they are doing outside of the office to achieve their work-life balance.

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We offer a directory of quality businesses as part of our free service, with which we will save you time surfing the internet and through which you are able to benefit from reviews left other legal professionals and from special deals tailored to your needs.

We also have a new LinkedIn Group in order to facilitate peer to peer support and discussions at ‘Work-Life Balance Network for Lawyers’. We offer some light relief on Twitter @Life4Law, including our #walkbeforework Tweets. Also Lifestyles4Lawyers are spreading the word about improving your work-life balance on Pinterest, Google+ and through our own monthly e-nwsletters.

We welcome your experiences and look to highlight good practice in the work place. Please contact our Media Director Vita Bosque-Greene at vita@lifestyles4lawyers.com. www.lifestyles4lawyers.com

Legal Aid News All of this comes at a time where there have been strikes and demonstrations outside criminal Courts, with our own practitioners playing a part in a campaign very much led by the Bar. Trials are at risk and the Government has countered by expanding the Public Defender Service, which only heightens the concern as to the independence of that organisation.

The number of social welfare law contracts in this area continues to drop. It would be interesting to see how many firms put forward tenders for the new contract for community care, with the last social welfare law contracts coming into force in October, the same time as the proposed ‘transformation’ of criminal legal aid.

Suffolk & North Essex Law Society

As the Government intensifies the cuts across the justice system, including legal aid, it has been remarkable to see practitioners fighting these at all levels. The Legal Aid Practitioners Group is working closely with the All Party Parliamentary Group (APPG) and a new grouping is shortly to be announced including the Law Society, practitioner groups and campaigning organisations.

Meanwhile, there is also increased concern about delays in grant of legal aid, constant queries about means tests and eligibility, making life all the more difficult! It is perhaps significant that the Legal Aid Agency had to announce, despite their claims to the contrary, that the new online system for lodging applications will be delayed because the pilot firms had reported that it was impossible to see, let alone record, what application had actually been submitted.

This will be my last contribution to the newsletter, and I wish all those members both practising and supporting legal aid, the very best for the future.

More info from Chris Graves, Fisher Jones Greenwood LLP Chris Graves Email: cgraves@fjg.co.uk January 2014

Secretary’s Spot

I have mentioned the subject of professional indemnity insurance in this piece in times past. I did not expect to be returning to this subject quite so soon. My interest sparked again by the Law Society that they will not be seeking to create a distinction between ‘rated’ and ‘unrated’ insurance as well as the arguably well overdue examination of P.I. requirements by the SRA. This come against a backdrop of some mortgage lenders (and it may only be a trickle at the moment, but that could easily turn into a flood) seeking to know that the firms who are undertaking property work, for the mortgagees, are insured with ‘rated’ providers.

My concern comes that whilst presenting a completely understandable act of solidarity Law Society may not have convinced the more circumspect of mortgage lenders. I hate to say it, but I suspect there are a few bad apples out there spoiling the barrel for the majority of us. About eighteen months ago I acted for a client borrowing from a high interest charging bridge financier whose solicitor’s questionnaire asked for not only evidence of my firm’s PI insurance, (fair enough) but a wide variety of other questions; all of which were largely, if not entirely, inappropriate. Fortunately, I was able to fall back on the long established nature of my own firm (amongst a variety

of other things) to cause those enquiries to evaporate, after providing the usual copy of the indemnity policy schedule.

However, the point is that if this is the level of enquiry that is going to be made by a firm of solicitors in the West Midlands acting on a comparatively (globally speaking) small loan, how will mainstream mortgagees react, when confronted with firms who are ‘statistically’ in the lenders minds in some way ‘doubtful’ the terms of their insurance? When I challenged the firm acting for the bridge financier in the above example as to why they had raised these queries they simply replied that they have come across ‘dodgy firms’ acting for ‘dodgy borrowers’ which had given them problems in the past. The point is here that I think that we have to be seen to be doing something, as a profession, not just saying to our clients and that includes their funders, that everything is just ok, as it is.

We have seen an attempt by funders in the past to move work away from the profession, (HSBC, for example) and in my own view of the Law Society its sterling work to regain brown in those circumstances. The point is that in my view, if they have tried it once, the funders will try regain, if they feel they can get a safer service, with less hassle, elsewhere.

As far as premiums are concerned, I suspect that we are going to see a rise in premiums as the economy improves. In my own field (commercial property) agents have reported to me because of rises in values, and therefore potential rises in claims value, their insurance premiums are going up quite significantly for commercial valuations. Now seems to be the only time I can recall since the abandonment of the SIF, fifteen odd years ago, that there has been willingness to look into what level of cover and requirements are truly merited for each firm. Let’s not miss that chance. Alternatively, I have a nasty suspicion that certain work regardless, may do this, incorrectly, or the profession, as a whole.

Neil Grigg, Honorary Secretary

www.snels.org.uk

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Law Advice Centre

The LAC is a free legal service for the residents of Suffolk, provided through a collaboration of the local charity, Ipswich & Suffolk Council for Racial Equality (ISCRE), Suffolk & North Essex Law Society (SNELS) and a national pro bono charity, LawWorks.

ISCRE are also a partner within the Ipswich Locality Advice Partnership (ILAP).

The LAC aims to provide access to justice for everyone in the Suffolk community, regardless of their financial means, in an environment which is welcoming rather than intimidating.

Forensic Road Collision Reconstruction Experts

The service enables Suffolk residents to access half an hour of free legal advice, on subjects such as family law, community care law, housing law and dispute resolution, from a legally qualified volunteer.

Our service is based in Ipswich but serves clients from Ipswich and the surrounding areas.



Consulting Automotive Engineers

Until recently we offered 10 sessions each month, including two 45 minute appointments on employment matters provided by specialist lawyers. Following a recruitment drive, we have been able to increase our pool of volunteer legal advisors from 11 to 30, with more applications pending. Consequently we are now offering 17 free advice sessions each month, comprising of 4 employment slots, 4 family law slots, 1 personal injury slot and 8 general law slots.



Forensic Vehicle Examiners 

The Road Traffic Experts

https://www.facebook.com/IpswichLawAdviceCentre http://uk.virginmoneygiving.com/LawAdviceCentreIpswich

All enquiries should be made to: Elliott Adams Associates 35 West Street, Godmanchester Cambridgeshire PE29 2HH

Free Legal Advice from Legal Professionals On the 1st, 3rd and 4th Thursday of every month ISCRE 46a St Matthews Street, Ipswich Suffolk IP1 3EP Tel: 01473 408 111 Fax: 0872 352 9201 email: lawadvicecentre@iscre.org.uk

Mr Robert Elliott MFSSOC LCGI MITAI AEFP MIDiagE T/F 01954 260432 VAT Reg No 138 6146 04

Elliott Adams Quarter Page.indd 1

M 07939252751

www.elliott-adams.co.uk Registered in England & Wales No. 8121358

05/06/2014 17:55

AGM

Wednesday, 2nd July 2014 Speaker: Jonathan Smithers Deputy Vice-President of the Law Society 4.30 p.m. Wine & canapés 5.00 p.m. Meeting commences Formal invitation and Agenda will be sent to Members by e-mail.

to be hosted at The Marriage Hall at Gotelee Solicitors 31 - 41 Elm Street Ipswich, IP1 2AY

RSVP to Admin. Sec. by e-mail to snels@topcopysec.co.uk Attendance will qualify for 0.5 CPD point

Suffolk & North Essex Law Society

Law Society says law firms at risk of computer malware The Law Society is urging solicitors to take action against malicious software that encrypts data on computers.

Solicitors are among the professional groups warned by the government to protect their computers against the powerful virus which encrypts personal and financial data and holds it hostage.

An operation led by the FBI has managed to take control of the servers behind the malicious software. The National Crime Agency has now given computer users a two-week window to deal with malware, known as GameOver Zeus. An estimated 15,000 computers in the UK may be infected.

Law firms can find advice on the immediate action they should take to deal with the GOZeuS malware by visiting the government’s GetSafeOnline website. Because this website is currently overloaded due to heavy demand solicitors may wish to visit the government’s Computer Emergency Response Team (CERT-UK) website.

Timothy Hill, technology policy adviser at the Law Society said “In the longer term this is an opportunity for law firms to review their cyber resilience. The Law Society can sponsor law firms to join other solicitors as part of CERT-UK’s Cybersecurity Information Sharing Partnership (CiSP) and law firms may also wish to consider signing up to be accredited to the government’s forthcoming Cyber Essentials Scheme.”

The Law Society provides a wide range of advice on cyber security. For more information, including joining CiSP, please visit the cyber security hub at http://www.lawsociety.org.uk/advice/cyber-security/

If you need a report on a specialist subject then make sure you instruct a Specialist Chris Drake, Dip OTC, BAPO, CUEW, MEWI Consultant Orthotist and Orthotic Expert Witness Chris has 30 years of experience in the field of orthotics and over 18 years of medical legal reporting experience. As well as his in-depth knowledge of orthotic principles and practice he has specific expertise in:  Post trauma orthotic rehabilitation  Neuro-rehabilitation  Complex disabilities  Orthopaedic conditions  Adult and paediatric orthotics  Lower limb biomechanics  Lower limb orthotics  Complex foot and ankle conditions  Foot orthotics  Specialised orthopaedic and bespoke footwear He has a wealth of experience acting as Orthotic Expert for the claimant, defendant and as a single joint expert. He has undergone full Expert Witness training with Bond Solon and holds the: Certificate of Expert Witness Accreditation (CUEW) issued by Bond Solon and Cardiff University Law School is a member of The Expert Witness Institute and registered with the Health & Care Professions Council (HCPC).

Consulting at: 152 Harley Street, able to travel throughout the UK for client visits when required.

Orthotic Experts Ltd 52 Beresford Avenue, Surbiton Surrey, KT5 9LJ Tel: +44 (0) 7721-514568, Fax: +44 (0) 20 7192 3339 info@OrthoticExperts.co.uk www.OrthoticExperts.co.uk

www.snels.org.uk

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Local Law Firms & Auctioneers to Replay Cricket Match for Charity 100 Years on Thursday 24 July 2014 - From 2.00 p.m., Cricket match will start at 3.00 p.m. Colchester and East Essex Cricket Club, Lower Castle Park, Colchester

The 4th August 2014 is the 100 year anniversary of the outbreak of the First World War Many countries across the globe have centenary events planned and Great Britain is no exception.

Just 11 days before on 24th July 1914, a team of Colchester Solicitors took on a team of Colchester Auctioneers and Valuers in a Cricket match held in Lower Castle Park on what is now the home ground of Colchester and East Essex Cricket club and where Essex County Cricket Club host Colchester Cricket week.

A number of long established Colchester firms were represented on both sides in the match that day and just a few days later some of them bravely went off to fight in the war, some never to return.

A photograph from the day shows the names of those taking part in the match; it has long taken pride of place in the offices of GoodyBurrett.

Managing Partner at GoodyBurrett, Bryan Johnston, who was himself a soldier having commanded an infantry company in Gulf war one, decided that it would be too good an opportunity to miss not to replay the match 100 years on and raise as much money as possible for charity.

Providing the Justice System with impartial fingerprint advice

O

ne of the great strengths of the UK’s Criminal Justice System is the ability of the Defence to view and question the evidence of the Prosecution, and if your case is based around the identification of an individual through a fingerprint, how can you be assured that the evidence offered is fair, unbiased and above all else, accurate.

Based in the United Kingdom, but with proven International experience (reports produced during 2011 have led to Court appearances in Hong Kong and Nigeria), we have over 65 years combined fingerprint expertise within Fingerprint Associates.

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14

Bryan therefore rallied the troops, as it were, forming a committee from firms who had been represented 100 years previously. The result is that the Anniversary Auctioneers and Valuers v Solicitors Cricket Match will take place from 3.00 p.m. on Thursday 24th July 2014 on the same ground as before in Lower Castle Park.

Bryan says, “Whilst the day is about remembrance it is also about having fun, meeting new people and catching up with some you haven’t seen for a while. Most importantly though it’s about raising awareness of, and as much money as possible for, the two charities the committee have chosen to support, which, bearing in mind the Cricketing and World War 1 connections, are The Rob George Foundation and ABF, The Soldiers’ Charity

More about the Rob George Foundation The Rob George Foundation is a recently formed local charity set up in memory of Rob George, son of Philip George, former Managing Partner and now Consultant Solicitor at Birkett Long, following Rob’s sad death from leukaemia in December 2013 after a long and brave battle.

The Foundation’s objectives are •

•

To provide practical and/or financial support to young people with life threatening or terminal illnesses

To provide financial support to young people who demonstrate exceptional commitment and/or ability in the worlds of sport or the performing arts but may be held back by their financial situation from pursuing their goals

www.therobgeorgefoundation.co.uk

More about ABF, the Soldiers’ Charity ABF, The Soldiers’ Charity is for soldiers, for life. The Charity provides lifetime support to serving and retired soldiers and their families.

Even when a soldier leaves the Army they are still part of the ABF family and eligible for help.

Half of the charity’s money is given directly to individuals to help in areas such as debt relief, mobility assistance, education bursaries, care home fees and respite breaks. The other half is given as grants to other charities.

www.soldierscharity.org Committee Members: Steve Wright, Fenn Wright, David Cant, Birkett Long, Nicola Crisell, Thompson Smith and Puxon, Bryan Johnston, Goody Burrett, Graham Ellis, Stanfords, Chris Leeson, Reeman Dansie.

www.snels.org.uk 09/06/2014 13:03

The Sco

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Rivalry? What Rivalry….?

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As you would expect, fellow ‘opposing’ Committee members, Chris Leeson of Reeman Dansie and Steve Wright of Fenn Wright, have other ideas on the matter. Steve says “We will of course be hoping for the same result when obviously the better team was victorious. I think it would be fair to say that the match is being taken very seriously and both teams would, of course, very much like to win!”

c Sanso

Suffolk & North Essex Law Society

G. N.

The Solicitors batted first and were all out for 80. The Auctioneers opened with R.G. Craske and John Fenn, who both punished the bowling, sending the field leather hunting until the Solicitors’ total was passed without loss of wicket. Fenn hit one 6 into the river.

on Smith

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The auctioneers easily defeated the Solicitors at the Castle Park Ground on Friday, July 24th.

If you have any questions about the content of this press release or require any further information then please contact Nicola Crisell at Thompson Smith and Puxon on ncrisell@tsplegal.com or 01206 217012

E.Page

R.

SOLICITORS WORSTED BY AUCTIONEERS

Committee member, David Cant of Birkett Long, said “As a representative of the Solicitors’ team, I don’t think I can be blamed for saying that I hope the team puts in a better performance than last time when unfortunately, as reported at the time, the Solicitors were badly beaten by the Auctioneers and Valuers.”

Thomps

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The following is an extract from the Essex County Standard, Saturday, 1/8/1914

NOT OU T 41 NOT OU T 32 8

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-----

81

--END--

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15

PRO/PLO’S PIECE

News from the Ipswich County Court Users Committee Legal Walk 30th June 2014 5.30 p.m. Christchurch Park, Ipswich The second SNELS Legal Walk in aid of ELST and the Law Advice Centre takes place on 30th June 2014, starting at 5.30 p.m. in Christchurch Park, Ipswich.

For more information contact Rachel Earnshaw Tel: 01206 217563; Email: REarnshaw@fjg.co.uk

Legal Aid In a letter to the Editor of the Financial Times, the six circuit leaders of England and Wales have written that the Government has failed to make proper and adequate provision for Legal Aid so that defendants in criminal cases are represented by suitably skilled and experienced advocates.

The letter follows the refusal of barristers to work at the Government’s new low rates which lead to Judge Anthony Leonard throwing out charges against five men accused of conning investors out of their savings by selling them land at inflated prices.

The Financial Conduct Authority which is prosecuting the five handed case now seeks to overturn the ruling and the case will be heard by the Court of Appeal.

Interesting footnote, in their search for suitable representation, the five defence teams in the fraud case have contacted 70 barristers’ chambers. Only one barrister put himself forward, but he later withdrew his services.

Quality of Lawyers Report A review of independent criminal advocacy in England and Wales by Sir Bill Jeffrey, a former permanent secretary at the Ministry of Defence, expresses concern over the quality of advocacy in the criminal courts and the longer term implications of current trends in the way advocacy services are provided. Among both barrister and solicitor advocates, Judges reported that standards of advocacy had in general declined.

It was ‘not uncommon’ for advocates, for both the prosecution and the defence, to be operating beyond their level of competence and Judges ‘frequently’ felt concern about inequality of arms between prosecution and defence.

Litigants in Person News that a rise in the number of people representing themselves in person at Court of Appeal hearings is posing an “increasing problem”, a leading Judge has warned. Lady Justice Black, who sits in the Court of Appeal in London, said that the task facing Judges was “infinitely more difficult” when people were not represented by lawyers. She has also raised concerns in the wake of warnings from lawyers that controversial cuts in Legal Aid provision would lead to a rise in the numbers of litigants in person.

So, what are we going to do about it?

Jonathan Ripman – PRO/PLO

Office direct: 01473 298140 Mobile: 07850 785200 Email: jonathan.ripman@gotelee.co.uk

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DogsTrust is coming to Essex

However, Dogs Trust Essex, will care for over 1,000 rescue dogs a year, adding to the 17,000 currently cared for by the Charity. The new centre has been designed using 10 years of research, design development and advances in behavioural knowledge. Happier dogs are easier to rehome and a pleasant environment and visitor experience means a visit to the centre is a million miles away from some of the out-dated visions people have of rescue centres.

Dogs Trust goes to huge lengths in order to rehabilitate the dogs in need of a little extra help and the Essex Rehoming Centre will be no different. With dedicated Training and Behavioural Advisers, a Rehabilitation Centre, and even a hydrotherapy pool, dogs of all shapes and sizes will be offered all the help they need to find them a new home. Dogs Trust offers every dog the chance to enjoy a happy life free from the threat of unnecessary destruction and as such all of the staff go the extra mile to make sure they give every dog the best chance of finding a new home.

The team had a bit of a surprise at their first resident as it was a cat!

Affectionately named Dog the Mog she had been visiting the rehoming centre site since August 2013 having made

friends with the builders. Since then she has been a familiar face on site, however with the first dogs now in residence it is still to be seen if she will remain!

For anyone interested in finding out more about Dogs Trust Essex please contact the team on 01268 535050 or visit them at Dogs Trust Essex, Nevendon Road, Wickford, Essex, SS12 0FH. www.dogstrust.org.uk For further information, interviews, photography and filming please contact the Dogs Trust Press Office on: Jennifer Blaber 020 7833 7657 jennifer.blaber@dogstrust.org.uk Hannah Baker 020 7833 7616 hannah.baker@dogstrust.org.uk

Dogs Trust Essex’s vital statistics: •

69 glass fronted kennels with under floor heating

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41 members of staff

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Set in 14 acres

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This service is currently only available for residents of the UK, Ireland, Channel Islands & the Isle of Man

www.dogstrust.org.uk Registered Charity Numbers: 227523 & SC037843

www.snels.org.uk

19

Suffolk & North Essex Law Society

Dogs Trust is the UK’s largest dog welfare charity and on 2nd June it is officially opening its newest rehoming centre in Basildon, Essex.

The site will be the 19th rescue centre in the UK for the charity and the 20th if including the charity’s centre in Dublin. Costing over £7million this new state-of-the-art rescue centre is part of Dogs Trust’s overall plan to change the face of rescue centres and make rehoming a rescue dog more appealing. So many people are put off by the idea that these are depressing places with bars and unhappy dogs and fear they would get too upset to visit one, opting to buy a dog instead.

UK and International Probate Research Free Family Tree Check and Research Assessment Missing Will and Missing Beneficiary Indemnity Insurance Asset Search, Will Search and Other Related Services Property Management Services Document Service and Nil Rate Band

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We are proud to be sponsoring the Law Society’s annual Private Client Section Conference 4th July - Victoria Park Plaza, London

Majority of Britons have no will and should act fast, warns Law Society Fr

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Fr haow p x: inherits, h E who direct soastheir friends, favourite charities and 02 on er W ma may e:nothing. relatives eb il: 0 get ca 7 0 leg 8important n especially so for those who are 32 20 A will is: walways but he w al@ 14 78 3 not married civil w. or inf a registered lp partnership - the law does ra 50 2 1 f ,c r as recognise se not necessarily 4cohabitants. on People with children 30 er ra ta who will look after or an need or dependents will nd to make it clear ct provide for them. dfra fras us se er : to the findings: r.c .co Fluck reacted Law Society president Nicholas o.u .u W e of people ‘It is extremely concerning that k ka significant number ar have not written a will and made their final P wishes clear.

It is The research also revealed that 71 per cent of people said e ri pr va discussing understandable that most of us are uncomfortable they have never thought about what would happen to their L o 4t te aw ud h our dying wishes, especially younger people, digital legacy, such as social media and online accounts, Ju butCyou Shave t lie o too b online photos and music, when they die. The Law Society ly everything nothing to lose and your loved ones can have nt cie e -V sp gain if you ensure your affairs are in order. people to leave clear instructions about what Se ty’ encourages ic on t ct s should happen to their digital assets after their death. Having ri their a ‘The families of those who die intestate will often ouse s io n o a n a list ri all your online accounts, such as email, banking, nu of experience as a cautionary tale of struggling with banks, Putility ar n Co a g and social networking sites will make it easier for companies and property sales, for example. Don’t let that kbe nf l th Pl investments e a e to piece together your digital legacy, adhere za familyremembers your family. ,to Loyournwishes and could save time and money. Not making ce ‘A badly drafted will can cause more problems than no will n To find out how Fraser & Fraser can help, contact us: Telephone: 020 7832 1430 Fax: 020 7832 1450 Email: legal@fraserandfraser.co.uk Web: www.fraserandfraser.co.uk

at all, so the Law Society advises against using unregulated will writers. All solicitors are subject to strict regulation to ensure that they deliver the best service to their clients, unlike unregulated will writers. Solicitors are unparalleled in the will writing market as only they have the breadth of training to consider wider implications and complex issues, including tax and family law.

‘We welcome this insightful research from the Dying Matters Coalition and hope it encourages people to be more open about their wishes after death.’

The Law Society’s Wills and Inheritance Quality Scheme (WIQs) provides a best practice quality mark for law firms and solicitors with respect to wills and estate administration.

Firms or solicitors who have received WIQs accreditation have demonstrated a that they follow best practice procedures to meet the highest standards of technical expertise and client service in this area.

The Law Society provides a free Find a Solicitor service for the public to assist in finding appropriately qualified lawyers to assist with legal issues, including will writing.

We are proud to be sponsoring the Law Society’s annual Private Client Section Conference 4th July - Victoria Park Plaza, London

yourdodigital legacy clear could mean important or sentimental n material - such as photographs on social networks - is never recovered.

Visit the Law Society’s Find A Solicitor service About the Law Society of England and Wales

The Law Society is the independent professional body, established for solicitors in 1825, that works globally to support and represent its members, promoting the highest professional standards and the rule of law.

We aim to be the leading representative of the world’s best legal profession, valued as a vital partner by all we serve and engage with.

Press contact Law Society Press Office +44 (0) 207 7320 5764 See more at: www.lawsociety.org.uk www.snels.org.uk

21

Suffolk & North Essex Law Society

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PI Lawyers Support ATE Three-quarters of personal injury firms disagree that qualified (QOCS) is an alternative to after-the-event insurance, a new survey has found.

costs

shifting

with only 12% ever using an insurance broker. Just over a third (35%) of firms use just one insurer with the majority (59%) using two and a small number (6%) using three or more.

O’Connors LLP partner Nigel Wallis said: ‘These results show the diversity of business models in the market and the lengths to which law firms go to ensure that they act in their client’s best interests.

‘In order to survive, the ATE insurance market has to remain responsive to the needs of firms and their clients and things are likely to remain very fluid as the full impact of the reforms starts to bite.

‘From our own experience of advising many law firms, we see an increasing number of management teams seizing new market opportunities and developing innovative business models that are client centred and, one hopes, financially successful.’

In a speech at the Modern Claims conference in London, Mr Justice Ramsey, who is responsible for implementing the Jackson reforms, said the changes to recoverability had yet to adversely affect the ATE insurance market.

‘There is limited evidence coming through that the ATE market is diminishing,’ he said. ‘The core suppliers are now looking at more realistic premiums than before.’

Suffolk & North Essex Law Society

The shift to QOCS was a key element of the Jackson reforms to compensate for the abolition of recoverability of ATE premiums.

A poll of more than 500 managing partners conducted by law firm adviser O’Connors found 90% of respondents still advise every PI client on the availability of ATE as part of their standard service.

One in six firms arranges an ATE policy for every client, though the majority (61%) operate a business model where an ATE policy is arranged only if the client specifically requests it or if the firm considers it to be necessary based on the firm’s own assessment of the case. A small minority (5%) never arrange an ATE policy.

When asked if they agreed with the Ministry of Justice view that QOCS is an alternative to ATE insurance, 75% of respondents said they did not, with just 10% agreeing.

Of the clients who decline their law firm’s recommendation to take out an ATE policy, 53% tell their lawyer they are prepared to take the risk and 31% that they feel the premium is too high.

Law firms ranked premium pricing and extent of cover most highly in their choice of ATE insurance provider with ATE insurance expertise, ease of doing business and insurer security close behind.

Most firms (95%) accessed ATE policies direct from an insurer

one-way

Law Society calls for action as human rights lawyer receives death threats

The Law Society has publicly condemned threats made against the lives of lawyers after prominent human rights lawyer Phil Shiner received death threats against both him and his family.

Phil Shiner has been subject to intimidation and harassment over the last 10 years as a result of his work for Public Interest Lawyers (PIL) and their cases representing Iraqis in war crimes cases.

Recently, Mr Shiner and PIL have worked on a number of issues including the Al Sweady Inquiry relating to Iraqi detainees, nonnationals receiving legal aid for judicial review cases and the decision by the International Criminal Court to investigate war crimes by the UK in Iraq.

As a result of his human rights advocacy work, Mr Shiner has experienced threats and intimidation for nearly 10 years, with, at one stage, a police investigation launched into the threats and a 2010 threat that led to a prosecution under the Malicious Communications Act 1988.

The Law Society understands that, as a result of a recent rise in the negative media attention paid to PIL, Mr Shiner has received an increasing number of abusive emails and phone calls.

As part of its ongoing work to advocate the rights of lawyers, the Law Society has written to the chief constable of West Midlands Police urging all sensible steps are taken to protect lawyers in this firm and to ensure that wrongdoers are brought to justice.

The Society will also seek the assistance of the Lord Chancellor to ensures proper enquiries are made into the threats to Mr Shiner and his family have received, Measures should also taken to ensure their physical and psychological wellbeing.

Phil Shiner said: “The threats made against PIL, my family and me are distressing, to say the least. It is apparent that some people object to and disapprove of the work carried out by PIL, but the directing of abuse at PIL for the legitimate work we do to uphold the rule of law in a democratic country cannot continue unchallenged.”

Nicholas Fluck, president of the Law Society, said: “Every citizen in this country enjoys the protection of the rule of law. That is a precious right.

Those rights depend on lawyers presenting their client’s cases without fear or favour no matter how unpopular or unattractive some might regard those clients or the cases brought before the courts.

We are all the poorer and less free if the lawyers representing such cases are threatened or placed under duress as Mr Shiner has experienced.

It is precisely because of the role that lawyers play in free societies that under the UN Basic Principles on the Role of Lawyers, governments must ensure that lawyers are able to perform all of their professional functions without intimidation.

All lawyers should be able to carry out their legitimate work freely and without fear of reprisal. As such, the Law Society has today written to the chief constable of West Midlands Police Force and the home secretary urging them to address Mr Shiner’s case promptly.

The Law Society recognises that lawyers play an integral role in our society, and effective steps need to be taken to put an end to the kind of harassment Mr Shiner and his associates have experienced, and to help guarantee other lawyers are not subjected to the same intimidation.”

www.snels.org.uk

23

Lord Faulks: Court should be the last resort Suffolk & North Essex Law Society

Yesterday I was at the Civil Mediation Council conference in Leeds. This is the title of the presentation given by Lord Faulks QC, minister of justice.

He trotted out the usual arguments about the advantages of mediation, how the Government is encouraging its use (though of course not by putting any money into it - we still have austerity) and his speech includes these: •

Going to court should be a last resort, we need to cut down on the amount of unnecessary, expensive and confrontational litigation in our society.

•

Government is leading by example by resolving issues awayfrom court using alternatives which are usually quicker, cheaper and provide better outcomes. We are continuing to encourage others to do the same.

•

As a barrister I knew that the best thing for clients was to stay away from court and I believe it just as strongly as a minister.

• The success of mediation and other methods in keeping unnecessary litigation out of the courts is a key cornerstone of an efficient and cost effective justice system.

•

Mediation is one of several forms of resolving disputes away from the expense and confrontation that going to court can cause. Mediation involves the two parties taking part in negotiations led by a qualified independent mediator to reach a solution they are prepared to keep.

So why am I more optimistic this time that mediation will really take off? For a number of reasons. First, of course, is that solicitors have a duty to consider ADR regularly throughout a case. And there’s Halsey. Then under the Jackson costs regime, the parties are made aware of the frightening cost of fighting a case to the end. These costs budgets should persuade parties not to litigate, but to mediate; so often, by the time a case comes to mediation a great deal of money has already been spent, and the mediation is more about saving further costs than about the original merits.

But above all, my optimism is driven by the appointment of Sir Alan Ward as chairman of the Civil Mediation Council, and for three reasons: that Sir Alan is a friend of Lord (“Ed”) Faulks, that he is an enthusiast for mediation, and that he has the most wonderful sense of humour.

This is a typical extract from one of his judgments:

“This case involves a number of – and here I must not fall into Dr Spooner’s error – warring bankers.”

And see this, from one of his last judgments:

“In as much as this is the penultimate judgment I shall write after 18 years in the Court of Appeal, I am a kindred spirit who has sailed away from the safe harbour of the Royal Courts of Justice, not at all sure how to explore, or what to dream or what I am about to discover.”.

But now we do know what dreams he has discovered: mediation dreams, and that is hardly surprising when he is known to have given many judgments where he told the parties not to be so stupid spending money on court proceedings, when with the help of sensible lawyers and an experienced mediator, the matter could have been sorted out months earlier and at a fraction of the cost.

In fact, Sir Alan told me recently that with these judgments he felt obliged to train as a mediator himself, as soon as he retired from the Court of Appeal.

How come he spoke about this to me? Because in recent weeks I have come to know him well, and to admire him immensely. In fact, we have even done a mediation together!

This was a dispute between a very high profile businessman and a national firm of chartered accountants, over alleged tax negligence. The parties wanted two mediators: an accountant and a lawyer. They chose Sir Alan as the lawyer mediator, and little old me as the accountant mediator. We spent a full day together planning the mediation and, inevitably, a very long day at the mediation itself. It settled. Sir Alan was wonderful; an empathising mediator, not like a judge at all. He has a great career ahead of him. And the thing is that, because it was Sir Alan’s very first mediation (how amazing is that?) and I have done 90-odd, he was there to learn and I took the lead!

Which brings us back to yesterday.

I was chatting to Alan near a trade stand of textbooks. He pointed one out to me, and said it was worth buying for the Foreword alone. I took the hint, and paid £40 for “Mediation Law and Practice”, with Foreword by guess who. But then I took the opportunity to ask him to write me a dedication – if times got hard I could always sell it on eBay! – and this is what he wrote: “To Chris, That very great man who so skilfully eased the pain of the loss of my virginity. With my thanks and admiration. Alan Ward.”

Well, I know who the great man is, and it certainly isn’t me. In Sir Alan Ward, the mediation profession has a great future.

Watch this space!

24

www.snels.org.uk

chris@chrismakin.co.uk www.chrismakin.co.uk

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The Law Society is supporting a challenge brought by the Public Law Project on behalf of Rights of Women, over the lawfulness of government changes to legal aid which are preventing victims of domestic abuse from getting legal aid for family cases, even when it is clear there has been violence, or there is an ongoing risk of violence. Rights of Women argues that this is not what parliament intended.

Legal aid changes, introduced by the government in April 2013 include regulations which set out what evidence victims of domestic violence have to provide. This evidence can be extremely difficult for many people to get and in many cases is subject to a 24 month time limit - although perpetrators may remain a life long threat to their victims.

Suffolk & North Essex Law Society

Law Society backs legal challenge by Rights of Women to restore access to legal aid for victims of domestic violence

Rights of Women Rights of Women is a registered charity that provides free legal advice to women and engages on a policy level concerning access to justice and violence against women issues. We provide training on legal issues to statutory and third sector professionals, write legal publications designed to assist individual women, and those supporting them, through the law and provide three legal advice lines offering legal advice to women on immigration and asylum issues, sexual violence and criminal law, and family law (including domestic violence, divorce, contact disputes).

Our advice lines are staffed by qualified practising women solicitors and barristers.

Legal aid is a lifeline for victims of abuse, enabling them to escape from abusive relationships, protect their children, and manage their financial situations. Access to justice is vital in these cases - the statistics are stark: two women are killed each week by a current or former partner and 500 recent victims of domestic violence commit suicide every year.

Emma Scott, director of Rights of Women, said: “Without legal aid women affected by domestic violence feel unable to access the kinds of legal remedies which enable them to safely exit violent relationships. In our most recent survey, half of all women who were ineligible for legal aid because they did not have the required evidence of domestic violence said that they took no legal action as a result, leaving them at risk of further violence and even death. This legal action is taken on behalf of those women in order to hold the government to account on their promise to continue to make family law legal aid available to victims of domestic violence.’

Law Society president Nicholas Fluck said: “The LASPO legal aid cuts have resulted in radical consequences for access to justice with the worst impact affecting the poorest and most vulnerable sectors of society.

It is vital that survivors of domestic abuse can bring evidence to satisfy the broader statutory meaning of domestic violence, not the over-strict tests required by the regulations as they now stand. Survivors should not be excluded from accessing legal aid for family law disputes against an abusive ex partner or relative.”

The Public Law Project (PLP) PLP is an independent, national legal charity which aims to improve access to justice for those whose access is restricted by poverty, discrimination or other similar barriers. To fulfil its objectives PLP undertakes research, policy initiatives, casework and training across the range of public law remedies.

Emmerson A S S O C I A T E S

Forensic Science Services, Accident Investigators and Expert Witnesses

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or over 26 years, Emmerson Associates has maintained their leading position within the Forensic Science sector by drawing on the vast experience of their dedicated team of Forensic Consultants who provide a wide range of services for clients throughout the UK and abroad, dealing with many serious and high profile cases. Some of their experts are accredited experts for the ICC at The Hague.

OUR SERVICES INCLUDE: • EXHIBIT EXAMINATION • AUDIO, VIDEO, HANDWRITING

• MOTORING OFFENCES • PRIVATE INVESTIGATIONS

Collectively, our forensic experts and accident investigators have many years’ experience within the Government forensic laboratories, as well as Police and private practice. This knowledge enables us to provide reliable and independent forensic science services, as well as acting as Expert Witnesses.

A sign of the esteem in which Emmersons experts are held is evidenced by the number of commissions received to re-examine cases previously examined by the Crown’s experts. We review this work and report upon it.

Emmerson Associates, 2A Merryland, St Ives, Cambridge PE27 5ED Tel:+44 (0)1480 460 116 Fax:+44 (0)1480 460 117 Email: info@emmerson-forensic.co.uk

www.snels.org.uk Emmerson Associates.indd 1

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27/11/2013 14:37

Professional Indemnity Suffolk & North Essex Law Society

The Potential Changes to the Minimum Terms and Conditions and the current Professional Indemnity Insurance Market Explained As a solicitors’ professional indemnity insurance broker, now is the time we find out about the changes in the professional indemnity insurance market. We discover which existing insurers still have an appetite for renewal and new business, which insurers only want to look at their renewals and selectively pick up additional risks and which insurers are looking to ‘cleanse’ their existing client book and redirect their approach to the market. We also get to find out about any new insurers to the market and find out what their criteria will be.

During the past year, there have been a number of changes in the marketplace in relation to the solicitors’ professional indemnity market. The demise of insurers such as Balva and Berliner to name but two, left a number of practices chasing PI insurance cover at the last minute as the deadline approached. As there was no Assigned Risk Pool to fall back on, and together with the guidelines imposed by the SRA, this forced many practices to go into the newly imposed Extended Period, and then into the Cessation Period. If cover was not sourced at the end of this period then the practice had to be closed down.

The demise of Balva and Berliner has led the SRA to look further at Participating Insurers and their suitability to provide cover in the market. One area looked at was to only have ‘financially rated’ insurers. This was looked at in detail, but ultimately not implemented, which still allows scope within the market for Participating Insurers who at present remain unrated. However, a number of banks and building societies are now setting their own guidelines for panel solicitors which only allows solicitors with rated insurers to be on their conveyancing panels. Although this group of financial institutions only account for 2-3% of mortgage providers at present, the ramifications could be far greater if this is followed up by other mortgage providers in the next twelve to eighteen months.

The SRA have followed this up by introducing a further Consultation Paper proposing changes to the current insurance minimum terms and conditions. The SRA’s consultation closes at the end of June and they are then looking to implement these changes in early August prior to the 1st October 2014.

The main points of this proposal are: • To reduce the mandatory level of PI cover to £500,000 any one occurrence •

To introduce an aggregate level on claims – currently proposed to be three times (£1,500,000)

•

To provide cover for individuals, small and medium sized businesses, trusts and charities. This does not extend to large corporations and financial institutions

•

Reduce the ‘run-off’ cover to a minimum of three years, despite limitation in the Courts being up to six years

•

Require practices to assess their own levels of cover appropriate beyond the minimum requirement

These proposals, could potentially have cost implications for all practices that may need to purchase additional cover over and above the proposed minimum terms and conditions. For example, to obtain cover for financial institutions, mortgage providers may well insist that the insurance documentation you provide them with provides confirmation that cover extends to cover claims from financial institutions and insist on limits of indemnity over and above the proposed minimum terms and conditions.

Whilst it is accepted that most claims fall within the proposed minimum limit, no mention is made as to whether these limits also include costs. As experienced brokers, we know that a claim can

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breach not only the proposed mandatory limit but in exceptional circumstances, breach the aggregate limit of £1,500,000, so if costs are also to be considered this places even greater risk on choosing an appropriate indemnity limit.

In addition to this, with the mandatory ‘run-off’ cover for practices who are ceasing trading being reduced from six years to three, principals could find themselves personally liable for claims which arise in years four, five and six years. The consultation identifies that 60% of claims occur in the first three years after a practice closes, but what about the other 40%? The Limitation Act remains at six years, so after cessation of the business, if a claim was to come in after three years but prior to limitation, then the principals would be liable, unless additional cover is purchased. All of these risks will require further cover to be purchased to mitigate any potential claim which could place partners personally liable.

Another change to the Professional Indemnity Insurance Rules came in last year which allows practices to alter the renewal date of their PI insurance as they are no longer tied to the common renewal date of 1st October. Whilst this is the case, most practices continued to obtain their insurance on this date as their practices had already budgeted for the outgoing costs at that time. There is also still concern as regards which Participating Insurers will actually be quoting all year round.

Since SIF in September 2000 when the open market was created, those firms that have practised throughout that time have seen numerous insurers appear in the market and just as quickly disappear. Insurance is all about risk. Nobody saw the claims from the demise of The Accident Group and nobody foresaw the financial meltdown and the conveyancing claims that have since been seen by insurers for previous transactions. But going back to the word, risk, this has been the biggest downfall in the solicitors’ professional indemnity market. An insurer needs to try and understand its exposure, likelihood of there being similar claims. This is why the risk management questions and the answers provided are so important.

So too is keeping an eye on previously notified claims. Insurers look at the frequency of notifications provided each year and whether anything comes of them. They also look at the costs. If insurers have paid say £500,000 over the past five years in settlement figures and costs, then a firm is running at an average £100,000 claims cost per year. So no insurer is going to offer a quote below this amount unless they are happy that some of the claims cannot reoccur or if a large claim was a one off. The claims costs can change overnight.

A practice can notify several matters that remain dormant for 2-3 years and then suddenly claims are paid. Insurers during the 2-3 year period will have charged a premium based on there being no payments. When payments are made, the claims costs suddenly become a major underwriting factor.

Dependent upon the size of your firm, all insurers have certain criteria as to the type of practices they wish to insure. The larger brokers will tell you that they have access to the majority of insurers and those with their own schemes, which they will always push more. So as a buyer of professional indemnity insurance, you need proper advice to help you understand the market from which you are purchasing, the potential pros and cons of all quotations and ensuring that come the potential changes to the minimum terms and conditions, you are with a Participating Insurer who is going to be there to assist you and provide you with the cover you need.

So our advice this year is for practices to be diligent in choosing an insurance broker, ensuring that the most relevant information is provided to insurers to obtain as many competitive quotations as possible. In order to do this practices should consider the following:

• Select the brokers you wish to assist you very carefully.

It is imperative that the broker provides best advice to your individual requirements and does not just consider terms on how much they can save you on the cost of premium alone.

• Complete one full proposal form

The completion of a Full proposal form will allow brokers to approach other insurers for alternatives to renewal terms offered by existing insurers. A simple 3 or 4 page renewal declaration will not suffice. Time should be spent ensuring that all sections are completed fully and that all relevant additional information has been declared.

• Obtain up to date claims records for the past 6 years

Claims summaries from all of your previous insurers for the past 6 years should be requested and reviewed to check whether any claims positions have changed, (i.e. payments having been made, reserves having increased / decreased or settlements agreed).

These all have an effect on the premium you pay and is particularly pertinent if you have become a successor to one or more other solicitor practices as you will need to consider these too. If positions have changed, provide an explanation for insurers.

Details should be recorded together with risk management procedures you have put in place to try and alleviate the same potential claim happening again and your views of quantum, whether the claim be a preliminary notification or if it has progressed further. If you are unhappy at the way in which a claim was handled and have copy correspondence proving wrong decisions were taken during the process of the claim, then enclose copies of the same.

• Previous tribunal matters and SRA investigations

The same principle should apply as to claims information. Copy correspondence, brief background and what you have done to rectify matters so they cannot reoccur.

• Contact Solicitorassist.com to help with your submission

Once the information highlighted above has been properly collated and the proposal form fully completed, please contact us so we can assist you to effectively market your practice. Once we receive the documentation we will then review the documentation and report to you our findings and recommendations going forward.

Solicitorassist.com are independent insurance brokers who specialise in solicitors’ Professional Indemnity insurance and strive to provide best advice to practices. We understand the trials and tribulations that practice managers go through when obtaining or renewing PI insurance and endeavour to give a realistic view of what can be done to ensure a competitive premium.

We provide a comprehensive and enlightening review service, analysing claims summaries and risk management / business procedures, providing practices with an ‘insurer’s viewpoint’, which will help to understand how insurers arrive at their premiums. This will also assist us in potentially identifying which insurers are most likely to provide competitive premiums at renewal.

Solicitorassist.com market risks to all Participating Insurers and broker schemes available to us which provides the most competitive quotations suited to your individual requirements. We also produce our market overview and crib sheet confirming the Participating Insurers which we approach on your behalf, which is available on our website www.solicitorassist.com. Because we are completely independent and not tied to any one particular insurer, we ensure each risk is properly marketed to every available market, ensuring that insurers provide their best terms and premiums. Sadly there are very few other brokers who operate with the same transparency.

The sooner we receive an enquiry with a proposal form and up to date claims summaries, the sooner we can work with practices to review a submission and ensure competitive premiums can be sourced.

2014

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• Where you have claims / claims notifications, provide a brief overview of how the claim / potential claim has occurred

Suffolk & North Essex Law Society

Timing & Structure form the two cornerstones of corporate deal making James Lamont, of law firm Hart Brown, advises on how to get the best deal for mergers and acquisitions, whether buying or selling

Timing In January 2008 Facebook was valued at anything between $3 billion and $15 billion. In January 2011 Facebook was rumoured to be valued at $50 billion. In August 2013 that figure was $100 billion.

This deal is an example of how any business wishing to sell, or to restructure, or to merge with another, may be able to structure the deal for present and future benefit (monetary or otherwise) rather than merely selling the whole, for a set price, in a single sitting.

The importance of timing in a sale, acquisition or investment, is of paramount importance in nearly every transaction, and can result in significant cost savings in both price and fees.

In terms of getting the best price and incurring minimal professional fees, if at all possible, when looking to sell your business:• Sell when the business is going well

The list of structural recipes are many but (and remaining non buyer /seller specific) some of the possibilities always worth considering are as follows:-

• Sell to someone who desperately wants you

• Take / offer a stake in acquiring entity

• Cash up front / no cash up front • Earn-out / no earn-out

• Buy / Sell part now with option to buy / sell part later

• Sell when you don’t have to

• Don’t sell side-line business

• Sell to someone who has the funds to buy you and when looking to buy a business

• Sell for less but aggressively limit potential future liability

• buy when they want to sell more than you want to buy.

Structure In 2012 the walnut specialists Diamond Foods, having already acquired the distinctly British Kettle Chips put together a deal to buy Pringles, of the once you’ve popped you can’t stop fame, from Proctor & Gamble in a deal worth $2.35 billion.

The deal included Diamond Foods taking on $850 million of debt and the shareholders in Proctor & Gamble owning 57% of a new company set up to hold Pringles’ business. The deal ultimately failed as Diamond Foods became embroiled in an accounting scandal.

In addition to timing, and as part of agreeing the structure, it is advisable to agree full (but not overly detailed) heads of terms and take tax advice. These heads of terms will set out the parameters, positions and requirements of each party and the proposed and subsequently agreed structure. This will hopefully avoid confusion further down the line and flush out what each party hopes to achieve from the transaction. For the buyer or seller it is the first chance to set out not only what the deal is but also the opportunity to see what you can get away with, how the deal will be played out and agreeing this all from the start can significantly affect the actual deal that goes through and the way that the deal is played out.

About Hart Brown Hart Brown, a leading law firm with offices throughout Surrey and in London, has been offering a full range of legal and financial investment services to businesses and individuals for the past 90 years. With 15 partners, more than 110 staff, six offices and a reputation for delivering high quality service, Hart Brown is committed to building long-term relationships with its clients.

In particular, the firm puts great emphasis on regular communication with clients, as well as the need for efficiency and value for money in order to deliver a high-quality service. Hart Brown currently operates from offices located in Cobham, Cranleigh, Godalming, Guildford, Wimbledon Village and Woking.

For more information please visit www.hartbrown.co.uk

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More than 100 years’ experience of preparing girls for the future Best independent Senior School GCSE results in North Essex

Call us to visit our happy, lively school and to find out how St. Mary’s can give your daughter a great start to learning and the life that lies ahead Purpose-built Ofsted ‘outstanding’ kindergarten for girls and boys aged 2-4 Lower School with small classes for girls aged 4-11 – top SATs results and 11+ preparation, dance, drama, music, sport, outdoor learning Friendly Senior School for girls aged 11-16 individual support to achieve academic potential, art, music, drama, textiles, food tech, sport, many activities For more information, please visit

www.stmaryscolchester.org.uk

Please contact our Registrar, Mrs Justine Tierney on 01206 216420 St. Mary’s Lower School, 247 London Road, Copford, Colchester C03 8LT.31 www.snels.org.uk St. Mary’s Senior School, 91 Lexden Road, Colchester CO3 3RB.

Suffolk & North Essex Law Society

Sunday Times UK ‘Top 100’ preparatory school

Legal Software Suppliers Association issues warning to law firms to be vigilant against cyber threats and to keep technology up to date Roger Jackson, Chair of the LSSA gives law firms advice to counter cybercrime threats and the withdrawal of support for Microsoft Windows XP which means continued use of Windows XP might not meet SRA data security requirements.

Twice recently law firms have been the target of emails purporting to originate from the Solicitor’s Regulation Authority but which have not been the case. Spam emails such as these are known as “phishing” and these emails look very convincing and from a cursory glance look genuine. These malicious emails often carry attachments with malware and if not closely scrutinised can appear genuine.

Julian Bryan, of LSSA member Company Quill, comments, “The recent email scam purporting to be from the SRA and targeting law firms demonstrates the need for constant vigilance and risk assessment amongst legal practices. The email concerned carried a cleverly named attachment which had all the hallmarks of an embedded virus. This incident demonstrates the ongoing battle between Microsoft and potentially malicious individuals who create viruses, malware & Phishing scams. Law firms in particular need to be sure that their Windows PCs and servers are constantly updated and protected from such issues. This process is facilitated by Microsoft who provide security updates to their supported operating systems. However, from 8th April 2014 – just a month away – support for Windows XP will be withdrawn.

This means that Windows XP users will no longer be protected from new security threats, potentially creating risk for law firms.

Practices should audit their IT infrastructure and assess their exposure to such risk created by the ongoing use of Windows XP in their business.”

Microsoft is withdrawing support for Windows XP on 8th April and is recommending users to move towards new platforms such as Microsoft 365. It is difficult for the firm to justify supporting an old version. The firm invests in new platforms, such as Microsoft 365, and as users attach new peripherals to old software it increases the risk for a consumer and increases the cost of support for the software vendor. However there are many law firms still using Windows XP who are not going to migrate overnight to new systems, and in many cases legacy software systems will need a lot of work to run on new systems, and continued use of Windows XP might not meet the SRA’s data security requirements.

Another LSSA member, Dominic Cullis of Easy Convey comments, “This is a major milestone because the versions of Windows and Office have been widely used in the workplace. Many firms have not adopted later releases from Microsoft. One way forward is to subscribe to Microsoft 365. Subscribers receive future upgrades therefore ensuring out of date unsupported software becomes a thing of the past. Another option is to move your software on to a virtual server with Windows and Office being provided by your legal software provider. With more and more solutions being delivered on a virtual server users are free to work wherever a computer has internet access, therefore enabling more flexible working options.”

Phishing emails are not the only current cyber threat. Be very careful if you are logging into any public WiFi networks. You may not be logging in to the Starbucks or Costa Coffee network

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that you believe that you are connecting to. Hackers and cybercriminals have the capacity to create what is known as an “Evil Twin WiFi Hotspot” which looks exactly like the bona fide WiFi that you are intending to connect to, with the same name and virtually impossible to distinguish that it is a fake network. So, with unwittingly using a rogue network instead of the genuine one you are opening up your device, whether that be laptop, tablet or smartphone, to the vulnerabilities of the criminal fraternity. To the user the fake network acts supposedly normally, but to the criminal it allows access to eavesdrop on your network traffic, keystroke logging, stealing of account names/passwords or redirecting you to phishing/malware sites, fake financial websites etc.

One way of protecting your data against an evil twin network is to use a Virtual Private Network (VPN), which historically has been limited to being used by large corporates due to the costs involved, but now there are personal VPN services available to End Users on a monthly subscription basis. Another way of combatting a fake hotspot is only logging on to your email and social networking sites using secure HTTPS encrypted pages. Be careful with yours and your clients’ data and we would recommend that you never use a public WiFi for your banking or online shopping purposes.

The message from the LSSA is to be vigilant, make sure your IT security systems are properly up to date and take all reasonable precautions to keep your data safe.

About the Legal Software Suppliers Association (LSSA)

The Legal Software Suppliers Association (LSSA) is the UK industry body for legal systems developers and vendors.

Representing most of the leading UK suppliers, the LSSA sets and maintains professional standards within the legal software industry, and also manages areas of mutual interest between lawyers and software providers.

The LSSA is committed to developing clear channels of communication, so that law firms can gain the maximum benefit from their selected software solutions.

The LSSA provides a highly representative and unified voice for the legal software industry and is therefore best placed to provide a strong focus in establishing standards and cooperation between suppliers, professional bodies, and government organisations. The Association has set up and actively contributes to a number of different working parties and forums, representing and lobbying on behalf of its members with HM Land Registry, HMRC, Court Service and the LAA. For more information please visit www.lssa.co.uk Press Contact: Chaz Brooks Tel: 01483 537 890

Email: chazb@chazb.com Web: www.chazb.com

Suffolk & North Essex Law Society

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Select CPD Courses 2014 Why choose University of Essex/Suffolk and North Essex Law Society as your CPD training provider?

• Affordable training (bookings as low as £70-£80) Each course carries three CPD points and is accredited by the Law Society, the Solicitor’s Regulation Authority, the Bar Council, the Institute of Legal Executives and Council of Licensed Conveyancers.

• Easy access in terms of location • All courses are 3 hours, so do not take up a whole day (2:15-5:15pm) • All courses carry 3 CPD points • Speakers are of a high calibre • Free parking and refreshments

10th September 2014 from 2:15–5:15pm Colchester Campus Update on Recent Developments for Private Client Practitioners - Professor Lesley King Speaker Profile: Professor Lesley King, Professional Development Consultant of the College of Law, is co-author of Wills, Taxation and Administration: A Practical Guide; A Modern Approach to Wills, Administration and Estate Planning (with Precedents); A Practitioner’s Guide to Wills; Wills: A Practical Guide and editor of The Probate Practitioner’s Handbook. She is the wills and probate columnist for the Law Society Gazette, and writes and lectures extensively on wills, taxation and related matters.

Course Content: TBC

8th October 2014 from 2:15–5:15pm Colchester Campus Mental Capacity Update - Judge Denzil Lush, Court of Protection Speaker Profile: Judge Lush was admitted as a solicitor in England & Wales in 1978, and is also qualified to practise as a solicitor and notary public in Scotland. He became Master of the Court of Protection on 24 April 1996. When the Mental Capacity Act 2005 came into force on 1 October 2007, he ceased to be the Master, and became Senior Judge of the Court of Protection with the rank of a circuit judge.

He is the author of Elderly Clients: A Precedent Manual (1st edition1996, 2nd edition 2005), Cohabitation: Law Practice and Precedents (1st edition 1993, 3rd edition 2005) and Cretney & Lush on Enduring Powers of Attorney (5th edition, 2001, 6th edition will be available March 2009), and has contributed chapters to various legal, medical and psychological reference books.

Judge Lush was formerly a member of the Law Society’s Mental Health and Disability Sub-Committee. He was on the British Medical Association’s working party that drew up the Code of Practice on Advance Statements about Medical Treatment, and contributed to Assessing Mental Capacity: Guidance for Doctors and Lawyers, which was published jointly by the British Medical Association and the Law Society in 1995. He was also a member of the Master of the Rolls’ working party on structured settlements and periodical payments, which reported in August 2002.

He is a judiciary member of STEP, and a patron of Solicitors for the Elderly. Judge Lush has recently been awarded the Geoffrey Shindler Award for “Outstanding Contribution to the Profession” at the STEP Private Client Awards 2009.

Course Content: TBC

Select CPD Courses 2014 Venue: The courses will be held at the University of Essex Colchester Campus.

Travel details can be found on this web link: www.essex.ac.uk/about/getting_here/colchester/default.aspx Parking: Parking at the University of Essex Colchester Campus: visitors should use the Valley Pay and Display car park and allow ten minutes to reach the appropriate room. A parking permit will be sent to you in advance.

Fees: The cost of each course will be £80 for SNELS members, £120 for nonmembers. If more than two places are booked on the same course, the third and subsequent places will cost £70 each. The cost includes all relevant documentation and refreshments. Fees can only be refunded (less 20% administration charge) if a written notice of cancellation is received no less than 14 days before the course. No refund can be made after that time.

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Cheques should be made out to SELECT. Invoices are available on request. BACS payments can be arranged if preferred. All tickets are fully transferable.

Disclaimer: No responsibility nor legal liability is accepted, whether for negligence or otherwise, either by any individual speakers or the participants in SELECT, in respect of any opinions, advice or documentation provided in connection with these courses.

All enquiries: Mrs Elizabeth Harvey School of Law University of Essex Wivenhoe Park ColchesterEssex CO4 3SQ T 01206 874810 F 01206 873428 E eacouss@essex.ac.uk

WE MADE A PACT TO HELP ANIMALS

IN 1995 A SMALL GROUP OF DEDICATED PEOPLE WITH AN ENORMOUS LOVE AND RESPECT FOR ANIMALS MADE A PACT TO HELP THEM. THEY SET ABOUT THE TASK OF RESCUE, REHABILITATION AND THE REHOMING OF THE UNWANTED AND ABUSED IN NORFOLK. NOW IN 2012 PACT IS THE LARGEST ‘ALL ANIMAL’ SANCTUARY IN NORFOLK AND SUFFOLK. PACT NOW CARES FOR OVER 1200 ANIMALS IN THE SANCTUARY AND IN 2011 MADE A DIFFERENCE TO ANOTHER 1100 LIVES OF ALL SPECIES 657 DOMESTIC ANIMALS AND 452 WILDLIFE INCLUDING 235 BIRDS AND 166 HEDGEHOGS.

PLEASE WILL YOU NOW MAKE A PACT TO HELP ANIMALS WITH A LEGACY TO PACT? The PACT is also between animals and people as The Henry Hallam Therapy Centre at the sanctuary is

dedicated for disabled people and those with emotional and learning difficulties to benefit from a sanctuary where they can interact with animals, and gain or regain confidence and self-respect without the necessity of coming into contact with many people. PACT is also acknowledged to be the best training ground for students of animal welfare in the county and each year we give work experience to 80 students from local schools and agricultural colleges.

PACT HAS A STRICT ‘NO KILL’ POLICY AND TRIES NEVER TO TURN AN ANIMAL AWAY BUT THE PRESENT FINANCIAL CLIMATE IS SUCH THAT WE ARE FULL AND THE ANIMALS DESPERATELY NEED YOUR HELP.

PACT ANIMAL SANCTUARY PEOPLE FOR ANIMAL CARE TRUST (PACT) RIVER FARM WOODRISING, HINGHAM, NORFOLK NR9 4PJ CHARITY REGISTRATION NUMBER 1045251 TELEPHONE 01362 820775 www.pactsanctuary.org www.snels.org.uk

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Editorial Social Events

Do

W

ell, plenty did, and 9 teams went head-to-head on 21st November to complete for first place.

Hosted by Hertfordshire Junior Lawyers, and sponsored

â–˛ 22

Hertfordshire Law Society Gazette