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Derby & District Law Society
www.derbylaw.net December 2015
Also in this issue: Legal Skills Triathlon 2016 • The Management Column
Gold Patrons of the Society: Severn Trent Searches
Quiz Champions!The Short Planks from Astle PatersonFull Report on p.10
D&DLS Bulletin
www.derbylaw.net 3
Contents
D&DLS BulletinDerby & District Law Society December 2015
EditorialAs we approach the Festive Season we have a fairly full Bulletin this issue – at least it will provide some useful reading matter to fill in the lulls between meals, party games and arguments about who’s got the remote and what to watch on the telly!
As the police mount their seasonal blitz on drink-driving, Andy Cash has provided a timely update on the current laws (p13), so if you are contacted by a client as ‘their’ solicitor but do not specialise in crime, you will know what to say and do – but let’s hope it doesn’t come to that.
The Annual Quiz took place on November 24th, and was won for the second time in a row by Astle Paterson’s ‘Short Planks’ – the report and full results are on p10, so congratulations to Sue Woodall and her team.
Speaking of Sue Woodall, she has indicated her intention to stand down as Hon. Treasurer at the next AGM, so we would be very keen to hear from any member who would be prepared to come forward as her replacement; I’m sure that if you wanted to know more about what is involved Sue would be more than happy to fill you in – her contact details are on p4.
This issue contains 2 news items from Flints (p8) and also 2 articles – on pensions (p8) and contentious probate (p15) - from Nelsons. I am always happy to receive contributions from members or firms on any relevant topic, so if you or your firm has anything which you would wish to share with the rest of the local profession,
please let me have it. You don’t need to have a PR agency – just send me the info and I’ll do my best to knock it into shape if required.
On pp6&7 are details of the 2016 Legal Skills Triathlon – this is a really worthwhile (and potentially lucrative) exercise for your junior staff, so I would urge you all to seriously consider encouraging your trainees and NQs to enter by sending the form in to organiser Sue Jennings; places are limited to 8 so don’t delay.
On pp12&13 are details of the 13 new training courses we will be running next year with CLT – and just because the CPD regime ceases on Oct 31st it doesn’t mean that CPD ceases to be relevant, so make a note of any courses which interest you – and don’t forget that D&DLS membership carries a 50% discount on the cost, so enrol any non-member colleagues who might wish to attend, but ensure that they do so before they book their place, as CLT check claimed D&DLS membership with me!
The Management Column on pp18&19 contains 2 articles which I hope are of interest – on e-disclosure and the new Legal Apprenticeships which commence next September; the latter may well prove very popular among would-be solicitors as they offer a chance to earn as you learn and avoid the considerable financial obligations involved in taking a law degree and LPC. Derby School of Law has invited local firms to join them in setting up a Working Group to explore how the formal training elements of the Apprenticeship scheme might be provided
locally, so I hope that your firm will take up the offer by contacting Scott Atkins at [email protected].
Whilst on the subject of the School of Law, the next Law School Annual Law Dinner will be held on 23rd January 2016. This black tie dinner, to which all members of the local profession are invited as guests of the School in order to provide networking opportunities for law students, will be held at the Cathedral Quarter Hotel, St Mary’s Gate, Derby. Welcome drinks will be served from 7pm and all guests to be seated for dinner at 8pm. You should all have received an email invitation already, so if you wish to attend please email Liz Doherty-Astle at [email protected].
Finally, the ‘Health’ column on p16 offers a few light-hearted views on current dietary issues which I hope you find amusing, but on a serious note please make sure that you eat – and drink – well but sensibly over the Xmas / New Year period, and I look forward to seeing or speaking to you again early in 2016. In the meantime please accept my good wishes for a peaceful and enjoyable Xmas for you and yours, and I hope that 2016 brings all that you wish for.
That’s all from me for this year – I’m off to practice my ‘Ho-Ho’s’ ready for my stint as Santa on my Rotary Club’s Santa’s Sleigh collections outside the Burton Asda later this month!
Peter BallAdministrator
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PublishedDecember 2015
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3 - Contents
3 - Editorial
4 - List of Officers
5 - President’s Page
6 - Skills Triathlon 2015
7 - Triathlon Application Form
8 - Membership News
8 - Pensions
9 - Council Member’s Report
10 - Social
12 - CPD Programme
13 - Training News
13 - Xmas Cheer?
15 - Wills & Probate
16 - The ‘Health’ Column
18 - The Management Column:
1) e-disclosure
2) Apprentice Aspirations
20 - Drainage & Water
22 - EWI Conference
28 - What are my shares worth?
29 - Book Review
30 - Have your cake
and throw it?
4 www.derbylaw.net
Officers
President*Diana CopestakeFreeth Cartwright LLPTel: 0845 [email protected]
Vice President*Andy CashCartwrigt KIng, Derby Tel: 01332 346111 e-mail andy.cash@ cartwrightking.co.uk
Deputy Vice-President* Simon StevensEddowes Waldron01332 [email protected]
Honorary Secretary* Fiona ApthorpeGeldards LLP, DerbyTel: 01332 [email protected]
Honorary Treasurer*Susan WoodallAstle Paterson, BurtonTel: 01283 [email protected]
Immediate Past President* Sue JenningsTel: (M) 07946 609436 [email protected]
(* = Ex-Officio)
Parliamentary Liaison Officer (+) Julie Skill,ChesterfieldTel: 01246 231288; [email protected]
Public Relations Officer (+)
Vacant
Constituency Council Representative, Derbyshire (+)Michael WilliamsTel: 01298 [email protected]
(+) attend Committee by invitation
Other Committee Members
Tina AttenboroughAttenborough Law, DerbyTel: 01332 [email protected]
Janie BerryDerby City Council01332 [email protected]
Andrew CochraneFlint Bishop, DerbyTel: 01332 340211Via [email protected] Lionel ConnerSamble Burton & Worth, BurtonTel: 01283 565731 [email protected]
Paul HackneyGeldards LLP, DerbyTel: 01332 331631 [email protected]
David HardyTel: 01332 [email protected]
Elizabeth HaysomDerwent Law01332 [email protected]
Mary HoneybenElliot Mather,ChesterfieldTel: 01246 231288 [email protected]
Ben LawsonFlint Bishop, DerbyTel: 01332 340211email: [email protected]
Karen ReynoldsFreeth Cartwright LLP01332 [email protected]
Lewis Rose, OBEFlint Bishop, DerbyTel: 01332 226127 [email protected]
Manesha [email protected]
Martin SaltMaclaren Warner, IlkestonTel: 0115 [email protected]
Mike SimpsonSimpsons Solicitors, Derby01332 [email protected]
Stephen WoolleyGeldards LLP, DerbyTel: 01332 [email protected]
Solicitors’ Benevolent Assoc. area representativePeter Lord9 Larkhill, Swanwick DE55 1DD Tel: 01773 541753
Administrator / Bulletin EditorPeter Ball,The Old BarnHatton Fields, Sutton Lane Hilton, Derbys. DE65 5GQ Tel/Fax: 01283 815030 e-mail: [email protected]
Sub-Committees(Secretary in italics)
Contentious BusinessVacantPaul Hackney Mary HoneybenDavid Hardy Karen ReynoldsGary Adamson (01332 347300)Rebecca Carr (01332 221722)Katy Fugle (01332 367051)Steven Savage (01246 220737)
Compliance Officers’ Group (COG)Vacant
Criminal LitigationSimon StevensAndy Cash Quentin RobbinsAndrew Oldroyd (01332 225225)Nick Wright (01332 364751)
Education & TrainingSue Jennings, & all Sub-Committee Secretaries
Employment and Business LawSue Jennings Tony Russell
Family LawFiona M K Apthorpe Diana CopestakeVince Beckworth (01332 372311)Melanie Brigden (01283 226444)Claire Dean (01335 345454)David Guthrie (01332 293293)Liz Guyler (01773 749955)Nick Herbert (01332 293293)Naomi Hickman (01332 364436)Ruth Jones (01332 346084)Fiona Lazenby (01332 346 111)Martina Longworth (01332 344221)
Manesha Ruparel e-mail: [email protected] Hobday (01332 340221)Julie Skill (01332 372311)
FinanceSue Jennings, Andy CashDiana Copestake, Stephen Woolley, Arthur Titterton, Sue Woodall
Private ClientMartin Salt Claire Rudkin (01332) 340211Nikki Spencer (0115) 932 4101Christine Hinkley (01332) 836666Kim Kirk (01332) 600005Tim Dysterre-Clark (01332) 600005Kirsten Wood (01332) 340211Rachael Francis (01332) 340211Julie Cook (01332) 340211Dervla McLaughlin (0115) 932 4101
Property LawVacant, Sue Woodall, Adrian Crowther (01332 340211), Rachel Bale(01283 561531), Natalia Delgado (01246 231288), Sally Gill(01246 231288), Stephen Gordon (01246 270112), Michael Taylor(01773 822333), Hugh Walford (01773 823999), Elizabeth Wallis (01629 812613), Andrew Cross (01629 582308), Charlotte Rosser (01332 291431).
Professional/Regulatory PurposesSubsumed into the Full Committee –working groups to be convened according to the subject at hand.
Sole Practitioners’ Group (SPG)Tina Attenborough
(Last updated 3rd December 2015)
Officers and Committee Members for 2015
www.derbylaw.net 5
Copestake’s Christmas Cogitations
Well – Andrew was not wrong about the High Sheriff’s Legal Service and the procession being very special! October 11th was a beautiful day (which was just as well as we had to process from Derby Museum to Derby Cathedral). We all met at the museum and the judiciary of Derby looked resplendent in their purple and black robes and wigs with the long ear pieces – I think I did rather let myself down by remarking to the magistrate immediately behind me in the procession
that the judges, whose ear pieces were gently flapping in the wind – looked a little like a bunch of happy basset hounds! It was not meant with any disrespect at all but just struck me as a picture!
It was lovely to meet in the Derby museum and reminded me that I must go and look round the same properly as I have not done so for years and it is full of superb paintings and other artefacts. We were then led in procession by the Army cadets, again courtesy of the High Sheriff of Derbyshire, Oliver Stephenson, who was joined by other High Sheriffs all of whom, again, looked splendid. Derby Cathedral has now been renovated and looks fantastic – again, there is a lot of history in that building that we were able to enjoy and, again, a reminder to look on our own doorstep for interesting buildings. I know Fiona Moffat from Timms looked at the building from rather a different aspect just a week later on October 17th when she abseiled down the building for charity!
The service itself was a grand affair which the High Sheriff had dedicated to ‘Unsung Heroes’. The High Sheriff introduced the service to all. He and his wife, Fiona, had chosen great hymns and the two lessons were read by Pat Zadora, Chairman of the Padley Centre and the other lesson was read by John Bown, who the High Sheriff had met as a Street Pastor in Chesterfield. There was a very moving and inspirational sermon based on the Parable of the Good Samaritan by the High Sheriff’s chaplain from Chesterfield and I have to say I was ashamed to admit that I had never been to the legal service before. It is for all lawyers and I really think we should support it more fully as a Society and as a profession. I will definitely be going next year. That said, the Cathedral was practically full so someone was supporting it although I did not recognise many fellow lawyers there!
I was also asked to attend the Derby Society of Chartered Accountants Dinner at the iPro Stadium on 19 November which proved a very enjoyable event with their guest speaker being Kevin Connelly who used to appear on Dead Ringers. He was absolutely excellent and kept the audience captivated with his impersonations. He really was brilliant and they were all instantly recognisable before he even gave a clue. The President,
Anshu Mehan, said she was nervous about giving the speech but she carried it off with aplomb. I was looking for tips!!
Peter Ball ran the annual D&DLS Inter-Firm Quiz on 24 November in his usual style and it was a very well attended event. It is always really good fun – no idea where he gets his questions from but they are usually entertaining and, as Peter told us, also often educational. He goes to a great deal of trouble for this event and I would like to thank him heartily for organising it all. I think we get more teams each year or am I just seeing double? Always a possibility!!
The legal aid debate in criminal cases rumbles on and our criminal sub-committee continues to give the matters their full attention again for which I thank them. At least it appears that the government are thinking a bit more about this one – well, so it appears!
Christmas is nearly here – groan – and many of us are plunged into despair at the complete manic behaviour of everyone. Presents, cards, twelve wheeler HGV loads of food to each house and all for a couple of days. I get more and more Scrooge/Victor Meldrew-like I have to say but for goodness sake! I know it is great for children but when you get really old like what I am, I would prefer to hibernate! Anyway, it does not prevent me from wishing you all a very good Christmas and all the best for the New Year. I know that my fellow family practitioners and I are all hoping for misery over Christmas and a boost to business in the New Year.
Di CopestakePresident, 2015-16
Professional communications for professionals
www.epc.gb.com
6 www.derbylaw.net
Attention junior lawyers, Partners and Training Principals!LEGAL SKILLS TRIATHLON 2016The Legal Skills Triathlon continues to be one of Derby & District Law Society’s most successful and worthwhile events. Held in association with Derby Law School at the University of Derby, entrants will be competing for the Jubilee Award and cash prizes.
Where & when?
The event is to be held on Wednesday, 9th March 2016 at Derby Law School’s new home at One Friar Gate Square in Derby (‘OFGS’).
What does it involve?
Successful applicants will be partnered with a law student from the University’s Law School to form a team, which will take part in a 1-day Skills Triathlon. The team must conduct a client interview, make a court application and participate in a negotiation meeting based on materials provided. In respect of the Advocacy, details of the relevant law will be provided. Lateral thinking and skills performance take priority over knowledge of law.
A panel of local practitioners and law lecturers will judge each discipline. Monetary prizes will be awarded for:
Best Team Overall 1st - £350
2nd - £250
3rd - £200
Outstanding Individual Advocate £150
Outstanding Individual Interviewer £150
Outstanding Individual Negotiator £150
All participants will receive a Book Token to the value of £15.
There will an Awards Ceremony at OFGS immediately after the event at the University, followed by Judges Question Time, an annual event where a panel of our local judges answer your questions. The day will end with D&DLS’s Reception for Newly Qualifieds and Trainee Solicitors with drinks and nibbles, to which all firms entering a team and any other interested parties are invited.
Why should I take part?
The Legal Practice Course is often criticised by trainees and Training Principals for not teaching sufficient negotiation and advocacy skills. For junior lawyers, these are essential skills for whichever discipline you choose. This is a unique and exciting opportunity to practice and hone your legal skills in a realistic and competitive
setting. Your participation will, no doubt, improve your confidence, your career development, promote your firm - and you have the chance to win up to £325.
Partners and Training Principals – encourage your junior lawyers to enter. This is an invaluable chance to improve their abilities and confidence thereby increasing their value and profitability to you. And it’s free.
This event, now in its 10th year, has received high praise from all quarters including the Solicitors Regulation Authority.
Who can enter?
- Trainee solicitors and newly qualified solicitors up to 12 months PQE.- Paralegals/legal clerks and legal executives with up to 2 years practical experience
How do I apply?
Complete the attached application form and send it to Sue Jennings at Ethel Villa, Trent Lane, Weston on Trent, Derby DE72 2BT or alternatively scan and send your completed form to [email protected]
There are only 8 places for junior lawyers so submit your applications as soon as possible. The deadline is 24th February 2016. Successful applicants will be notified by email by no later than 1st March 2016.
2015 Triathlon best team Alex Cherry and Carrie Swan
APPLICATION FOR SKILLS TRIATHLON
www.derbylaw.net 7
NAME:
FIRM/ORGANISATION:
ADDRESS:
TELEPHONE:
E-MAIL:
Position held at firm/organisation:
Expected date of qualification as solicitor:ORDate of qualification:ORLength of experience in your role as legal assistant/paralegal:
WHY DO YOU WANT TO TAKE PART IN THIS EVENT AND HOW DO YOU THINK IT WILL BENEFIT YOU? (This statement may be used as a tie break in the event of more applicants than places)
Signed:
Dated:
PLEASE RETURN THIS APPLICATION TO SUE JENNIINGS AT [email protected] or by post to ETHEL VILLA, TRENT LANE, WESTON ON TRENT, DERBY, DE72 2BT
BY NO LATER THAN 24th February 2016.
DERBY & DISTRICT LAW SOCIETY IN ASSOCIATION WITH UNIVERSITY OF DERBY’S LAW SCHOOL
DATE OF TRIATHLON: 9th March 2016
VENUE: One Friar Gate Square, University of Derby
DEADLINE FOR SUBMISSION OF APPLICATION: 24th February 2016
Flint Bishop adds to Commercial Contracts Team
Flint Bishop Solicitors have taken on a new Trainee Solicitor, Saima Shabir, to the Commercial Contracts department to help support their growing client base. Saima, who is due to qualify in April 2016, started her training at The Smith Partnership. She joined Flints early in November and will report directly to David Miller and fellow
Commercial Contracts Partner, Claire Tonks. David Miller says “We’re delighted Saima is joining the team. Not only does she bring a lot of experience and enthusiasm, she also has fantastic customer care experience, having worked for Lloyds Bank for a time.” Saima is only one of a number of new starters since Flints aimed to increase its staff count by more than 21% earlier this year, to cater for expansion
Flint Bishop double award nomination
Flint Bishop has received a double nomination at this years’ Chartered Institute of Credit Management (CICM) awards. Flints have been nominated for eight awards this year, including nominations in ‘Third Party Debt Collection Team of the Year’ and ‘Legal Team of the Year’ at this year’s CICM awards.
Debt Recovery and Litigation have taken six of these nominations, reflecting their rapid expansion in the last twelve months as they take on new markets such as debt recovery and high value, household named clients.
CICM are Europe’s largest professional association for the credit community. They were formed over 75 years ago, with the Institution being granted its Royal Charter in early 2014.
Membership News
Pensions
8 www.derbylaw.net8 www.derbylaw.net
C a t h r y n Selby, Partner and solicitor at Nelsons, is currently dealing with a claim where her client is faced with a £600,000 tax charge after
tax advisers failed to complete the necessary forms following changes to pension legislation. Here she explains the pitfalls to others who may have failed to obtain protection against the Lifetime Allowance charge. Changes in pension legislation came in to force on April 6, 2006. This date is known by professionals as ‘A Day’. Part of the changes involved the introduction of a Lifetime Allowance which was initially set at £1.5m, but has changed over the years. It currently stands at £1.25m and will fall further to £1m on April 6 next year. When various things known as Benefit Crystallisation Events (BCEs) take place after ‘A Day,’ an individual’s total pension
rights across all of their pension schemes - excluding the state pension - are tested against the Lifetime Allowance. If the total does not exceed the prevailing Lifetime Allowance, then the pension rights enjoy favourable tax treatment. However, for sums in excess of the Lifetime Allowance there is a hefty tax charge. The larger a person’s total pension rights, the more damaging could be the impact of the Lifetime Allowance charge. To mitigate these changes, HMRC initially allowed transitional protection in two forms – Enhanced Protection and Primary Protection although there have since been further variations on the original theme as and when the Lifetime Allowance has fallen. Enhanced or Primary Protection was obtained by completing and submitting the relevant form to HMRC by no later than April 5, 2009 – three years after the original changes to pensions legislation. More recent amendments to the protection regime have had their own deadlines. If protection is obtained then the value of
someone’s pension rights receive beneficial tax treatment even if these exceed the prevailing Lifetime Allowance when a BCE occurs. However, the forms are not straightforward and are generally completed and submitted by professional advisers – either IFAs or tax advisers. Or, in some cases, not submitted at all – which is why some people including my current client are now being faced with extremely large tax bills. Andrew Bucklow of Heritage IFA Limited who has worked with me on the case points out that submitting the forms was only one part of the equation and in reality action had to be taken before any pension changes became effective. For example, although the deadline for submitting an application for Enhanced Protection was April 5, 2009, an individual had to stop all forms of pension contribution (with some limited exceptions in the case of final salary schemes) before April 6, 2006 otherwise it was not possible to apply for Enhanced Protection in the first place.
Nelsons warn of unexpected tax charges following changes to pensions legislation.
In the case we are advising on, although pension contributions ceased before A Day, the application for Protection was left for the tax advisers to complete and submit but they simply did not do so. My client was unaware of this until he had a BCE which has meant that he now has an unnecessary tax charge for over £600,000, none of which would have been payable had transitional protection been obtained. With the advent of the new pension freedoms more and more people are likely to wish to crystallise their pensions and it is only
now that some high net worth individuals are discovering that the necessary actions to protect them from swingeing tax penalties have not been taken by the relevant deadlines. I have heard of several cases which are similar to my client’s, all emerging over recent months.
There is one potential complication in relation to bringing claims now about a failure to submit a form by April 5, 2009 or to stop contributions before April 6, 2006. In general, proceedings needed to be issued within a six year window from the relevant
date. However, my concern is that there may be cases where people do not yet know that they have a potentially huge tax bill because no BCE has yet occurred. If this now comes to light it may be possible to bring a claim within three years of discovering the problem. However, in those circumstances, people should err on the side of caution and seek immediate legal advice. If you think you may be affected by this issue, you can contact Cathryn Selby at Nelsons Solicitors for advice on:01332 378 619.
Council Member’s Report Dec 2015I have now attended 2 Council meetings, a great deal of which have been taken up with consideration of a new business plan for The Law Society for the next 3 years. It is a lengthy document which has clearly taken a great deal of time and effort to compile. It is far too jargon-
riddled for my liking, but the proof of the pudding will be in the eating and it is to be hoped that its aspirations will be achieved.
I have been very critical in a letter to The Law Society’s President of the official Law Society response to the Court Closure Consultation, because with a minimum of extra effort and though it could have been so much better, certainly so far as its comments on the Buxton and Burton courts are concerned.
If the MoJ admits (as it did in the case of Buxton) that over 70% of those using public transport would take over 2 hours to get to Chesterfield, surely the intelligent response would be to Google the train times from which it would become apparent that to reach Chesterfield in time for court at 10.00am one would have had to leave Buxton station before 7.00am – after allowing time to get to the station in the first place; travel times from Glossop are similar. There is no bus that arrives before 10.00am.
Similar considerations apply to Burton, and I would be surprised if the MoJ draftsman had heard of Tutbury & Hatton, or if he or she knows how one would get there from Burton without a car.
I was not impressed with the reply I received, and by the time you read this, will have made this clear [We await further reports on this with interest! – Ed].
As with my predecessors, I am always happy to hear from members or firms with any comments or concerns which you have which you feel might usefully be raised at Council for the broader attention of Council or consideration by The Law Society – my contact details can be found on p4 of this Bulletin
Michael WilliamsCouncil Member for Derbyshire & East Staffs.
Experienced Cambridge and Oxford-trained consultant pathologist with particular interests in haematopathology (lymphomas, leukaemias),
cardiovascular pathology & autopsy pathology.
Expert Witness Certificate (Civil Law), Bond Solon / Cardiff University
• Biopsy Pathology (esp Lymphoma & Leukaemia)• Autopsy Pathology (esp Cardiovascular Pathology)• Professional Conduct (GMC work undertaken)
Elizabeth J. SoilleuxMA, MB, BChir, PhD, FRCPath
Consultant Pathologist
Dept. of Cellular Pathology, John Radcliffe Hospital, Oxford OX3 9DU
Tel: 07798 643879 Email: [email protected]
www.derbylaw.net 9
Elliot Mather LLP, Derbyshire are looking to recruit a Criminal Higher Rights Advocate to join our expanding Crown Court Team.
The successful candidate must have passed the Higher Rights Qualification and
have some experience of appearing in the Crown Court although full training will be provided to enable skills and experience to develop. Possession of Duty
Solicitor Qualification would be an advantage but not essential.
Elliot Mather LLP have a long history of providing high quality legal advice in Derbyshire and Nottinghamshire and have secured the offer of a Duty Contract in Derbyshire as
Lead Bidder and in Nottinghamshire as a Delivery Partner. We would stress however this position is not dependent on two tier contracting being implemented.
The successful candidate must be enthusiastic and committed to providing first
class legal representation. Excellent career progression opportunities for the right candidate.
Please apply in writing with history of employment to date, together with details of current salary, to:
Mr Paul Fillmer, Practice Administrator, Elliot Mather LLP, The Courtyard, 49 Low Pavement, Chesterfield S40 1PB
or by email on [email protected].
We are an equal opportunities employer.
10 www.derbylaw.net10 www.derbylaw.net
Social
This year’s quiz challenge, sponsored once again by Severn Trent Searches, took place at The Gateway Centre, Derbyshire CCC, on Tuesday November 24th. The original field of 24 teams, representing 12 different firms or organisations, fell to 20 on the day due to a
combination of illness and last-minute work commitments, but that was still sufficient to ensure that the room was full, and that a competitive but good-natured atmosphere prevailed.
Last year’s winners, ‘Short Planks’, representing
Astle Paterson were there to defend their title, which they did successfully, resisting a sustained challenge over the final three rounds from ‘Red-Hot Trivia Peppers’ (Geldards) and’ Better from Behind’ (Derby City Council). At the opposite end of the scale, ‘May the force be with you’, a two-person team from DHA, where an outbreak of ‘lurgy’ had reduced their numbers, came gamely and good-naturedly last, carrying off the prize of 4 wooden spoons between them.
Scoring this year was particularly high, with even the bottom team scoring
60% and the winners 92% - either the local profession is improving it’s knowledge of trivia or this year’s questions were just a tad too easy, as the average team score was 77% - so everyone who took part could feel satisfied that they had performed well whilst at
the same time having a lot of fun (not to mention cheese and biscuits).
Pictured along with the table of final scores are both the winners and wooden-spoonists, along with Severn Trent’s Mark Jarvis who made the presentations. Mark Jarvis (Severn Trent Searches) with winners the ‘Short
Planks’ (l-r: Maria Pusey, Sue Woodall, Liam O’Shea and Steve Franklin)
Social 2015 inter-Firm Quiz Challenge
Team Firm Total % Rank
Short Planks Astle Paterson 162 92 1
Red Hot Trivia Peppers Geldards 157 89 2
Better from Behind Derby City Council 156 88 3
Free Thinking Freeths 149 85 4
WOW Wykes O'Donnell Williams 145 82 5=
Don't ask us we're lost too Severn Trent Searches 145 82 5=
Can't believe we're not better
Derby City Council 142 81 7=
The Flintstones Flint Bishop 142 81 7=
Search us Severn Trent Searches 135 77 9
Jason & the Lawgonauts Timms 134 76 10=
TSM All-Stars Elliot Mather 134 76 10=
The Latecomers Elliot Mather 132 75 12
OFGS Derby University 130 74 13
The Good, the Bad and Andy Flint Bishop 129 73 14
Better out than in Derby City Council 127 72 15
Thick Planks Astle Paterson 126 72 16
Here for the Beer DHA 122 69 17
Can't be named for legal reasons
Astle Paterson 118 67 18
Free The Dogs Freeths 117 66 19
May the force be with you DHA 106 60 20
Average score 135
Average % 77
Wooden-spoonists ‘May the force be with you’ (names with-held to protect the guilty!) with Mark Jarvis
12 www.derbylaw.net
DERBY & DISTRICT LAW SOCIETY CPD TRAINING PROGRAMME 2015-16
Details of dates and venues where not shown, and of further courses, will be added in due course
KEY* Intro =Introduction; Inter = Intermediate; Adv = Advanced; U = Update ** For further enquiries regarding booking or administration of CLT courses please contact CLT COURSE ADMINISTRATOR on 0121 355 0900 ** For enquiries/bookings for D&DLS Direct courses, or comments or suggestions for future courses please contact PETER BALL on 01283 815030. ** FOR D&DLS COURSES, PLEASE POST-DATE YOUR CHEQUE TO D&DLS WITH THE DATE OF THE COURSE
Blue indicates new/amended information, or an addition to the programme
D&DLS Members qualify for significant discounts on the above & other CPD courses & will receive details of CLT courses personally 4-6 weeks beforehand. FOR D&DLS Direct EVENTS SEE D&DLS Bulletin FOR DETAILS AND BOOKING FORM.
Area Course Title
CPD Hours Date Level* Venue Book Via**
2016 2016 2016 2016
Company/Commercial
Drafting Commercial Lasting
Powers of Attorney3 02/03/2016 Intermediate Chesterfield CLT
Residential Property
Conveyancing - a
Comprehensive Workshop for
Paralegals & Support Staff
6 15/03/2016 Foundation Derby CLT
Employment Employment Law Update 2016 6 06/04/2016 Update Derby CLT
Commercial Property
10 Tricky Commercial
Property Problems6 22/04/2016 Update Derby CLT
FamilyActing for Parents in Care
Proceedings6 17/05/2016 Intermediate Burton CLT
Civil LitigationBoundary Disputes -
a Practical Approach6 15/06/2016 Intermediate Chesterfield CLT
Commercial Property
Commercial
Property Update3 23/06/2016 Update Derby CLT
Residential PropertyConveyancing
Update 20163 23/06/2016 Update Derby CLT
ProbateContentious Probate - Current
Issues & Problem Areas5 06/09/2016 Intermediate Derby CLT
Criminal Litigation
Hot Topics in
Criminal Evidence6 15/09/2016 Update Chesterfield CLT
Wills & Probate Wills & Probate Update 2016 5 20/09/2016 Update Derby CLT
Family Family Law Update 2016 6 21/10/2016 Update Derby CLT
Civil Litigation
Getting to the Money -
Proactive Debt Recovery
in 2016
6 25/10/2016 Update Burton CLT
2016 Training Programme finalised Whilst the formal CPD regulations cease to apply after October 31st 2016, this of course does not remove the need for members of the profession to maintain their knowledge of the content and conduct of the law, the better to serve their clients’ interests. The removal of the prescriptive element of the regulations simply gives you greater freedom to decide how much training you need, and when - and indeed, how to receive it. Outcomes-focussed regulation allows the profession to take control of - and responsibility for - its own conduct, providing that such conduct contributes to appropriate outcomes for clients. It will be interesting to see in due course what the SRA does by way of sanction should they investigate a client complaint and decide that failure to maintain up-to-date knowledge of the law due to failure to undertake appropriate training is a significant contributory factor, but it is surely better to avoid the risk by continuing to keep abreast of developments. The agreed 2016 programme of CPD courses, run in conjunction with CLT, are listed opposite. Remember that membership of D&DLS automatically entitles you to a 50% discount on the cost of these courses, so if any of these courses are of potential interest to any non-member colleagues (see also next para), ensure that
they are signed up as members of the Society before booking onto the course, as CLT check claimed membership status with me for all bookings. Given the geographic spread of the Society’s membership, we try to achieve a sensible balance between venues in Derby, Burton and Chesterfield across the year. One new course worth drawing attention to is the March 15th Intensive Conveyancing Workshop for Paralegals and Support Staff, in Derby. This is the first such course we have arranged for support staff, and as firms take on more such staff to undertake the more procedure-based legal tasks, it is hoped that firms will see the benefit of ensuring that, at least as far as conveyancing goes, they are given a thorough grounding in the subject. If your firm is in this position please discuss this course with those who might benefit from attending, and also your Managing Partner/Training/HR Manager. If there are any other topics for which such a course might be appropriate, let Peter Ball know. As always, Peter Ball would also welcome suggestions for other future courses, either via CLT or arranged directly by the Society; if you know of any potential providers of courses (barristers’ chambers perhaps, or other suppliers to the profession keen to increase their profile in the local area) please let him know at [email protected].
Training News
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Christmas Cheer?As the festive season approaches someone you know or members of their family may have been caught driving with drink or some other proscribed substance in their blood over the limits set.
Until earlier this year if a driver provided a sample of breath and the alcohol content was between 35 and 50 µg/100ml of breath, the Police were bound to offer the driver the opportunity of providing an alternate sample of blood. This was to deal with perceived risks in the accuracy of testing equipment.
It has now been abolished and there is no longer a right to provide the “Statutory option”. At the moment most forces will still only prosecute if the reading is over 40 µg but that may also change. I do not think there is any marginal allowance in Scotland where the limit is now 25µg, effectively making any drinking before driving unwise.
We now see Defendants with readings of 41 being prosecuted. The Police are now equipped with additional equipment which allows Road Side testing for cannabis and cocaine. If a driver is found with amounts in blood over the very low limits set the consequences are now the same as for drink driving, and the Police no longer need to prove impairment.
There is also power to enable the Police to use roadside equipment to take samples which would obviate the need for samples being provided on the Intoxyliser at the Police Station. This is not yet in force mainly because the Police do not yet have the testing equipment, but the thinking is clear; make it very difficult to use a motor vehicle after drinking.
There is no right to delay testing to take legal advice, but early contact with a solicitor will clarify the issues and enable an early check to confirm that procedures have been properly followed.
If someone you know is caught by the procedures a call to our motoring line will clarify any issues. 0800 280 0880
Andy Cash, Cartwright King
Wills & ProbateContentious Probate cases - on the increase?
Nelsons Associate Noel McNicholas discusses the rise in the number of contentious probate cases and flags some unusual situations where wills have been disputed and decisions overturned following a death. Contentious probate claims are most certainly on the rise – but there is no single explanation as to why.
These cases often centre around the validity of a will or the conduct of executors or personal representatives. Historically, the more common contentious probate cases involved advising clients on what to do if they thought the deceased lacked capacity at the time they made their will, or was subject to undue influence. Another regular claim involves promises made by the deceased which can take effect even if that person’s will or intestacy (not leaving a will) contradicts the promise they made. However, recently we have seen more and more claims under the Inheritance (Provision for Family and Dependants) Act 1975 which protects those who did not receive enough or sometimes anything from the deceased’s estate. This type of work is now taking up a large proportion of my working week. Whether the claim succeeds will depend on a range of factors including the size of the estate and the financial resources and needs of the parties. The increase in this sort of claim is not due to one single factor. Undoubtedly there is more wealth available due mainly to property price inflation - so there’s often something worth fighting for. Also, family structures are considerably more complex these days with second families and cohabitation as well as families living further apart. Disputes can also arise through the use of homemade wills which may contain some ambiguity or have not been properly executed. A will is a tremendously powerful document and its contents can drastically alter the lives of those who benefit or fail to benefit from it. There’s also far greater awareness of these types of claims which regularly appear in the national press. Claims which involve the personal life of the deceased and those surrounding them often make for interesting reading if they get to trial because the circumstances can chime with the experience of the reader or viewer. So clients have to be dealt with as sensitively as possible. No two inheritance claims are alike. There may be similarities such as the type of claim or the size of the estate but essentially individuals and their family dynamics are always unique and that often has a huge bearing on the outcome.
The recent well reported case of Ilott v Mitson is a good illustration. Here, a long estranged daughter made a claim under the Inheritance (Provision for Family and Dependants) Act 1975 from her deceased mother’s estate even though she was not financially reliant upon her. The estate, which was worth just under £500,000, was left by the mother to animal charities in which she had no real interest. The mother also made a point of leaving a letter explaining why she disinherited her only child. The Court eventually found the mother’s conduct was unreasonable, she had had no obvious link to the charities and so awarded the daughter, who lived frugally and had long relied on benefits, a third of the estate. It has been reported this means any adult child can now successfully claim against their parent’s estate even if they long stopped talking. I’m not so sure. The circumstances in Ilott v Mitson were unusual and the outcome may have been far different if, for example, the mother had a close association with the charities and their objectives. These types of claims are likely to remain commonplace as it is not only family members who can claim, but also cohabitants and even those who were financially reliant upon the deceased. We also deal with matters which are not what they seem at first glance. In a recent validity claim, a homemade will had been drafted by its main beneficiary – which of itself is enough to excite suspicion. Eventually, one of the witnesses to the will confessed it had been witnessed after the deceased’s death. The main beneficiary pleaded guilty to fraud by misrepresentation and received a 12 month prison sentence suspended for two years. And sometimes even the identity of the beneficiaries can lead to disputes. We recently acted in a claim where the existence of the named beneficiaries in a will was disputed. This led to a cross border investigation and eventually to identifying and locating the missing beneficiaries, who received their bequests made by the will. One of the best ways to avoid such claims arising is to discuss dying before it happens. Although this is naturally a sensitive subject, a failure to communicate your wishes clearly may lead to a lengthy and expensive dispute between your loved ones.
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The ‘Health’ Column
Seasonal health and diet tips
As the festive season approaches many of you will be concerned to ensure that you do not overdo things, to the detriment of your health and wellbeing. Here are some well-researched tips to ensure that you do all the right things over Christmas and the New Year, and emerge from the festive season in rude health and good cheer:
Q: I’ve heard that cardiovascular exercise can prolong life; is this true? A: Your heart is only good for so many beats, and that’s it... Don’t waste them on exercise. Everything wears out eventually. Speeding up your heart will not make you live longer; that’s like saying you can extend the life of your car by driving it faster. Want to live longer? Take a nap.
Q: Should I cut down on meat and eat more fruits and vegetables? A: You must grasp logistical efficiencies. What does a cow eat? Hay and corn. And what are these? Vegetables. So a steak is nothing more than an efficient mechanism of delivering vegetables to your system. Need grain? Eat chicken. Beef is also a good source of field grass (green leafy vegetable). And a pork chop can give you 100% of your recommended daily allowance of vegetable products.
Q: Should I reduce my alcohol intake? A: No, not at all. Wine is made from grapes - a fruit. Brandy is distilled wine, that means they take the water out of the fruity bit so you get even more of the goodness that way. Beer is also made out of grain, as is whisky.
Q: How can I calculate my body/fat ratio? A: Well, if you have a body and you have fat, your ratio is one to one. If you have two bodies your ratio is two to one, etc.
Q: What are some of the advantages of participating in a regular exercise program? A: Can’t think of a single one, sorry. My philosophy is: No Pain...Good!
Q: Aren’t fried foods bad for you? A: Foods are fried these days in vegetable oil. In fact, they’re permeated in it. How could getting more vegetables be bad for you?
Q: Will sit-ups help prevent me from getting a little soft around the middle?A: Definitely not. When you exercise a muscle, it gets bigger. You should only be doing sit-ups if you want a bigger stomach.
Q: Is chocolate bad for me? A: Are you crazy? Cocoa beans! Another vegetable!!! Q: Is swimming good for your figure? A: If swimming is good for your figure, explain whales to me.
Q: Is getting in shape important for my lifestyle? A: ‘Round’ is a shape!
Well, I hope this has cleared up any misconceptions you may have had about food and diets.
For those of you who already watch what you eat, here’s the final word on nutrition and health. It’s a relief to know the truth after all those conflicting nutritional studies:
1. The Japanese eat very little fat and suffer fewer heart attacks than Americans.
2. The Mexicans eat a lot of fat and suffer fewer heart attacks than Americans.
3. The Chinese drink very little red wine and suffer fewer heart attacks than Americans.
4. The Italians drink a lot of red wine and suffer fewer heart attacks than Americans.
5. The Germans drink a lot of beers and eat lots of sausages and fats and suffer fewer heart attacks than Americans.
CONCLUSION Eat and drink what you like. Speaking English is apparently what kills you.
Family Law & Mediation Lawyers
Elliot Mather LLP is seeking to make 2 appointments. One of the appointments is for a senior and experienced family law and accredited mediator, whilst
the other is a 3-5 PQE Family lawyer/accredited mediator.
These roles will be based at either Mansfield or Derby, with the choice dependent upon the
successful applicants.
An attractive remuneration package is available based on experience and
qualifications.
If interested, please contact Julia Heeley on 01246 231288 or by email to
[email protected] for the Job descriptions for both
positions.
We are an equal opportunities employer.
Chief Operations Officer
Elliot Mather LLP is seeking to appointment a Chief Operations Officer to manage people and resources across its organisation, working with the head of 9
separate legal departments.
The successful applicant will have previous experience of relevant management and
be able to contribute to the strategic management and direction of a growing
professional services firm.
An attractive remuneration package is available based on experience and
qualifications.
If interested, please contact Julia Heeley on 01246 231288 or by email to
[email protected] for the Job description and person
specification.
We are an equal opportunities employer.
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The Management Column
Warren Buffet, the “sage of Omaha,” and one of the most successful men in the world, points to one of the first self-help books, “How to Win Friends and Influence People” as a major influence in his life. First published in the 1930s, Dale Carnegie’s book lists 30 behavioural guidelines on how to be a likeable, persuasive and influential leader in business. Successful leadership comes down to practising empathy, and the eDisclosure sector is no exception. The high-pressure world of eDisclosure is fraught with technological hurdles, legal shifts and turns, and multiple, complex work streams, all under tight deadlines—such a rocky environment can easily give way to strained relationships. That’s why putting clients at ease is paramount. Just as “How to Win Friends and Influence People” lists key behaviours for how to be successful in life and business, there are a number of behaviours that will not lead to success in eDisclosure:
1. Failure to ask “what are you trying to achieve?”This question should be asked early and often. The first interaction between the eDisclosure provider and the client should be scoping out the needs and requirements of the matter, and asking the client, “What are you trying to achieve?” This question should then be repeated at regular intervals as matters rapidly move and change. What may be appropriate at the beginning of the process may change as claims are struck out or as certain custodians become less or more important. Have regular check-ins with the client to discuss achievement objectives and then adjust your approach accordingly.
2. Failure to discuss the production at the beginning Far too often the ultimate goal of the exercise is lost. Is the collection, processing and review of data aimed at finding relevant documents for disclosure to opponents and the court? Or is the information to be produced to a regulator? Is the production for internal investigative purposes? What form will the production take? What time constraints are the clients working under? The way in which documents are collected can be altered by the production specifications; the way in which documents are reviewed, including the coding decisions and the overarching workflow, can be altered according to the production requirements. It is essential to discuss the production at the beginning of the process — and then work backwards from there.
3. Failure to recommend technology Existing and new technology can save clients a lot of time and money, so it is important to recommend relevant technologies when appropriate. Near duplicate document identification and email threading are just two examples of technologies that can make a review of data more efficient, cost effective and consistent. New tools are always being developed, and eDisclosure providers should communicate the latest technological advances to their clients and identify where they would be useful.
4. Using language that is too technicalSome savvy technologists may have a tendency to use an excess of technical jargon when emailing or speaking to clients. But the whole reason the client has engaged an expert partner is because they’re not experts themselves! Too much technical verbiage will only further complicate matters. Keep the language simple and easy to understand.
5. Lack of responsiveness Legal projects change constantly as new issues come to light, opponents or courts make new requests and the focus of the team may change. Clients are often working under extremely tight deadlines. Even if the response is only, “I have received your email/request/query and I will be able to respond within the hour,” this goes a long way in building trust with the client. Offering timeframes for when clients can expect responses is also integral to good communication.
6. Failure to prepare written agendas for meetingsFar too often meetings are scheduled with little thought as to the purpose of the meeting, what material will be covered and in what order topics will be discussed. Time is of the essence for most clients, and it needs to be used efficiently. Written agendas will enable all parties to be prepared for the meeting, thus using the available time most effectively.
7. Failure to document phone calls Failure to document calls can lead to confusion and mistakes during the course of the project, so it is essential that all calls with clients, no matter how brief, are logged and that instructions are noted and followed. Similarly, any guidance given by the eDisclosure provider should also be documented. It’s imperative that all team members understand every aspect of the project — even down to verbal instruction given to one team member.
8. Over promising and under delivering In order to build a successful partnership, honesty is key. eDisclosure partners should be honest about what’s feasible and work with their clients to set firm deadlines. It is important to be truthful about how long each element may take in the process, whether that’s machine time, human quality control time or multiple demands on resources and infrastructure. In order to establish an efficient working process and build a successful partnership, completion timelines should be realistic.
9. Providing numbers which need further analysis eDisclosure exercises are fast-moving and subject to sudden change. Along with using simple language, tabulating numbers for the client and explaining what they mean goes a long way in building successful communication with your clients.
The secret to success in eDisclosure:
Success in eDisclosure comes down to people following good communication practices, asking the right questions and following simple rules for honesty and transparency. By applying the lessons of “How to Win Friends and Influence People,” it is important to put yourself in your client’s shoes and treat them the way you would like to be treated. A little empathy can go a long way in ensuring a smoother eDisclosure experience.
Saida Joseph, Senior Director, Document Review Services, Epiq Systems
How to lose friends and alienate clients in eDisclosure
In the past some young people faced a stark choice when they left school. Would they follow the well-trodden academic route to university or the arguably less certain path of an apprenticeship.
However, there has recently been a sea change in the “brand” value of apprenticeships. Businesses, young people, universities, parents, colleges and adult learners are now embracing the opportunity represented by apprenticeships. All parties are recognising the value of being able to earn a wage while training and working in a real job, gaining a valued qualification and laying down the foundations for a successful career.
The Benefits of the Apprenticeship route to the legal employerAs this renewed enthusiasm for apprenticeships builds, it is time to consider whether legal employers can also reap the benefits of employing an apprentice.
The benefits of the apprenticeship route are many and include:• The availability of Government funding for apprenticeships and a nationally-agreed training structure;• An ability for employers to “Grow their Own” talent in a cost- effective way, whether that be a solicitor, paralegal or legal services technician;• An increase in the diversity of the workforce and, in particular, the younger workforce in a business;• The existence of a skilled and motivated workforce with increased productivity. (Indeed the National Apprenticeship Service reports that 72% of businesses found there was an increased productivity when employing an apprentice); and• The ability for a business to be viewed as a Learning Organisation dedicated to improving the skills of staff.
Types of Apprenticeship programmeCurrently, there are a number of types of programme available. They have been designed in such a way that they can be completed in succession or as stand-alone programmes. They cover legal/office administration at GCSE level equivalent, paralegal/legal executive at A Level and the new six year Solicitor Trailblazer Apprenticeship.
The Paralegal/Legal Executive ApprenticeshipLooking at the programmes in more detail, the paralegal/legal executive apprenticeship is deliverable in two levels known respectively as the Advanced Apprenticeship (A-level standard completed in 18-24 months) and the Higher Apprenticeship (up to 1st year University standard completed in 24-30 months). The delivery of these differing level programmes requires a mix of education expertise. For this reason, the University of Law is working with leading further education (FE) colleges in order that each party can do what it does best. FE colleges have the knowledge of and expertise in delivering apprenticeships, while The University of Law offers the chance for apprentices to learn in a university environment.
The University of Law also seeks to attract legal employers to commit to this route into the profession by providing the opportunity to undertake an apprenticeship Clearly, a legal education provider will need to listen to what the legal employers want from apprenticeships if they are to secure their commitment to the programme and thus The University of Law welcomes discussion on the subject with prospective employers.
Solicitor Trailblazer Apprenticeship A Trailblazer is made up of a group of employers who work together to design new apprenticeship standards for occupations within their sectors.
Legal employers, including Solicitor firms, and in-house teams from Banks, as well as The Law Society and the SRA have been at the forefront of the development of a 6 year, Solicitor apprenticeship commencing in September 2016. The employers in the Trailblazer have led the design of the new Solicitor Apprenticeship Standard and the associated Assessment Plan, with a variety of education providers, including the University of Law, supporting the employer group when required. The SRA have confirmed that subject to passing the Apprenticeship, which will be centrally assessed by SRA approved assessing organisation(s), successful apprentices will be admitted as Solicitors and receive their practice certificate.Developing Partnerships with legal employers
Of course, apprenticeships are not just about raising student aspiration. To be successful, apprenticeship programmes will need more innovative partnerships between business and education providers.
Apprenticeships in the law could become an established but alternative route into the law provided such partnerships have sufficient focus on the business needs of legal employers. Key business considerations for employers could include:• Enabling progression from the role of legal secretary to a technician level and then, potentially, to qualification as a solicitor;• Developing a clear connection between the qualification attained and the standards and experience needed in law firms.• Ensuring that apprentices are properly and rigorously assessed in the workplace for their competence and at college / university for their technical knowledge; and• Making sure that each apprenticeship programme is employer- designed and labour-market driven.
If the apprenticeship programmes are well-developed then there is no reason why they shouldn’t represent a “win-win” for the profession and the apprentices alike.
Alan Woods Director of Apprenticeships and Vocational Education, The University of Law
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Matching Apprentice Aspiration with the Ambitions of Legal Employers
A total of ten firms attended the presentation from the University of Law on Legal Apprenticeships on November 26th. For the benefit of those unable to attend, here is a brief article summarising what was covered
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When considering a property, home buyers don’t usually give the highest priority to drainage assets and water pipes. Hidden below ground and out of sight, it’s really easy to overlook their importance. A property’s value, title and maintenance costs, however, can be directly and in some cases, adversely, impacted by issues relating to these assets.
Geodesys offers the CON29DW for all properties in England and Wales, so we are well aware of the costly oversights that could have been identified, had purchasers used a CON29DW search instead of alternative water and drainage searches, commonly known as Personal or Regulated Drainage and Water Searches.
CON29DW: setting the standardThe Law Society introduced the CON29DW to provide a nationally uniform approach to the provision of property-specific water and drainage information. With 23 standard questions it is the only drainage and water search mentioned by the Law Society in its handbook and is supported by a robust and underwritten guarantee that protects home purchasers and their legal advisor(s).
CON29DW: key benefits4 Unlimited liability on residential property transactions 4 Updated as soon as drainage and water legislation changes4 Regular legislation and product updates keep users up to date with improvements and legislation changes4 Monitored by the Drainage and Water Searches Network alongside The Law Society4 Swift turnaround – Personal Searches can take up to five days longer!4 Drainage and water expertise provided at no extra cost to investigate issues arising from a CON29DW, both pre- and post-sale
Should I choose a CON29DW or a Personal Search? Can your clients afford the cost, time and disruption to deal with drainage and water issues? Personal Searches do not tend to include answers to all 23 of The Law Society questions, and instead offer insurance to cover unanswered questions. As issues only tend to come to light once the buyer has moved in, the new owner then has all the difficulties of dealing with the problem retrospectively.
In contrast to other drainage and water searches, choosing the CON29DW gives the FULL picture. You have all the facts up-front ensuring that transactions can proceed in the full knowledge that any risks have been properly identified.
Call in the Geodesys experts!At Geodesys, our internal experts are dedicated to producing the most accurate picture they can for you and your clients. If questions regarding the location of assets are raised either during our checking process or after you receive the search, we do our utmost to find out what’s really going on, including visits to the property.
Geodesys offers the CON29DW throughout England and Wales, turn around over 95% of CON29DW searches within three days and offer in-house training/CPD on drainage and water.
Drainage and WaterAre you getting the full picture?
For more information contact Paul Smith, Geodesys Client Account Executive on 07764 987259 or [email protected] and start getting the full picture!
www.geodesys.com/con29dw
WHAT’S THE RISK?
A CON29DW search indicated that the property was connected to the public sewer. In reality, there was no sewer connection and sewage drained into an old septic tank. This was only discovered when the tank backed up causing nasty leakage into the homeowner’s garden! Resolving the issue and connection to the public sewer would have cost the owner around £10,000.
Fortunately, the underwritten guarantee on the CON29DW meant that Geodesys arranged and paid for connection to the public sewer, as well as removal of the old tank and waste, and re-landscaping of the garden.
If you are not ordering a CON29DW on behalf of your clients, we strongly advise you to check the level of liability provided by your search provider and how their insurance works regarding unanswered questions in the search.
Would you want an overflowing septic tank in your garden?
A Tale of a Tub?
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Elizabeth Robson Taylor and Phillip Taylor MBE of Richmond Green Chambers review the 2015 EWI Conference held in September at Church House, Westminster.
When ‘Gulliver’s Travels’ author and satirist Jonathan Swift wrote ‘A Tale of a Tub’, little did he realise the iconographic power of this somewhat homely image; a tub being a rather lumpen object. However with lawyers from time to time singled out as the victims of his satirical jibes, it’s not too hard to imagine what he might have thought of that voguish term: ‘hot tubbing’.
For a number of reasons, however, ‘hot tubbing’ has now become a hot topic, especially so at the recent Annual Conference of the Expert Witness Institute (EWI) held on 24th September 2015 in Central London, where it frequently emerged as the prevailing theme to which much discussion turned.
The conference focused on the essential role of the expert witness, who ideally provides a reassuring help in trouble for the barrister or solicitor dealing with a complicated case. The expert witness is he, or she, who is charged with the often complex task of putting forward reliable and accurate evidence that, more often than not, may determine the outcome of a case.
Magna Carta
‘Hot tubbing’ certainly featured in many of the discussions and debates. In this 800th anniversary year of Magna Carta, it was brought into play as a means of launching the conference, with the suggestion that the confrontation of the dissolute King John with the aggrieved barons at Runnymede might be, in a number of respects, a ‘hot tub.’ Well, er – not really -- unless you are tempted to point out facetiously that King John had got himself into hot water.
In the modern context a ‘hot tub’ is fundamentally, an inquisitorial (rather than adversarial) discussion if you will, held usually in court with possibly the judge eliciting information from the advocates, and parties in a dispute, as well as, yes, the expert witnesses.
As King John was confronted by twenty-five barons attended, by some two thousand armed knights, the king’s many previous opportunities for discussion had long since passed. As he was an illiterate despot, reasoned debate was not exactly his strong suit – so the notion that the events at
Runnymede were some sort of medieval version of hot tubbing is whimsical at best. But it’s a thought – and it was rather an effective way, as it happened, to kick off what was to be an important conference.
Insight and controversy
Chaired by Amanda Stevens, the Conference proceeded apace, with speaker after speaker imparting much useful, insightful and sometimes controversial comment on the future of the justice system in general and the varied role of the expert witness in particular. The Conference as a whole was distinguished in particular by useful, organized and high quality debate.
What emerged as the keynote speech was delivered by Dr John Sorabji. As Senior Fellow UCL, Judicial Institute -- and Principal Legal Adviser to the Lord Chief Justice and the Master of the Rolls, he covered a number of important points. The first centred on the problem of Litigants in Person (LIPs) whose numbers have proliferated as an unintended consequence of LASPO. As litigants continue in droves to appear in court without the legal representation they cannot afford, court procedures have had to evolve and adapt in response. The role of judges has therefore undergone gradual change, and so has the use of experts.
Judges now find themselves participating more actively in proceedings, with a correspondingly more active role for expert witnesses. The overall objective is to adapt court procedures in line with CPR 3.1A which concerns case management and unrepresented parties, i.e. where at least one party is unrepresented. The Rule includes the stipulation that ‘the court must adopt such procedure at any hearing as it considers appropriate to further the overriding objective.
What experts really think
With all this in mind, there were comments by Stephen Webber of the Society of Clinical Injury Lawyers on ‘what solicitors really think of experts’. Other comments related to what experts think of solicitors, particularly the quality -- or sometimes the lack of it -- in the matter of solicitors’ instructions. ‘Pitiful’ was one of the terms used. Generally, greater attention to precision, detail and accuracy was called for.
Expert Witnesses confer at the cutting edge
‘We are flourishing!’
Another highlight of the Conference included the EWI Chair’s address by Sir Anthony Hooper, which focused on the fact that there is still no formal certification procedure in place for expert witnesses. The matter however, has already been reviewed via a pilot study at University College London, anticipating the day when a proper system of certification is set up (and possibly a corresponding rise in fee levels for exerts!). ‘We are flourishing,’ stressed Sir Anthony, elaborating in detail on the essential role of expert witnesses -- and the vital contribution they make to the justice system and to justice itself.
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The Challenges for University Law SchoolsThe current climate is particularly challenging for University Law Schools. The government’s policy on tuition fees coupled with its policy on controlling student numbers makes recruitment of good quality students an issue for many law schools. In addition the emphasis on A-level grades as a criterion for opening admissions (this year there was a free for all on those students with AAB, next year it is suggested the free from all extends to ABB students) means that entry is becoming progressively more difficult for those nontypical students who may well be able to benefit from the opportunities offered.
Allied to this and increasing the challenge (or increasing the opportunities), is the fact that the Legal Education Training Review is due to report next year which may well bring in a whole new framework for qualification and post-qualification training. As yet there is little indication as to the way the review will jump but it is expected that the changes will be extensive.
This means that in the near future it is going to be essential that to remain successful law schools are going to have to change the structure of the courses and the way that they deliver them. This means a reimagining of the law school to ensure that it delivers an education which is both relevant to the needs of its major end-user i.e. the legal profession but yet retains sufficient flexibility for students who do not intend to practice as lawyers (around 50% of the typical intake).
Increasingly employers are looking to the work experience of students as a way of differentiating between applicants for training
contracts. Whilst most providers will use case studies within the professional routes, the case for clinical legal education is becoming irresistible.
To that end at Huddersfield we are opening a law clinic, staffed by students, in January. This will differ from many other offerings in that not only will students gain hands-on experience of dealing with clients and their problems but in addition they will be part of a major research project which will study the psychology of learning within that clinical environment. This is being supported by a joint research grant shared between the Law School and the Department of Psychology. The clinic will concentrate on the unmet legal need within the local area and will refer cases on to a network of local firms when appropriate.
Dealing with the postgraduate needs of the practitioner, we are developing for September 2013 an MBA in Legal Practice which will be structured specifically to the needs of partners and those aspiring to manage legal firms. This will be delivered in conjunction with the Management, Accountancy and Marketing streams within the Business School. With its flexible delivery channels and closely relevant content it is expected that this will prove extremely attractive to current practitioners.
We are however in a very fluid situation successful law school will need to be flexible and able to respond fast to a changing environment and the changing needs of the profession and the student.
Sean Curley PgDip(Law), LL.M, FHEA
So what are my shares really worth?
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When I was a “normal” accountant in general practice, I would often be asked by clients what their business was worth. The answer was always
another question: “To whom, and for what purpose?” Because there is no doubt that value, as well as beauty, is in the eye of the beholder. Some businesses may be making good profits now, but facing a sad end because their products are becoming obsolete or their patents are due to expire. Conversely, a business with a unique asset but a poor trading history may have a value wildly in excess of its asset value.
To take an extreme example, I acted as shadow expert in a divorce case where the husband’s company had developed a piece of software for international banking. It was making losses of about £1million a year, and was about to be shut down through tax arrears. A US company had a full suite of software for international banking but for this product. Without that US company, the husband’s was worthless. With it, the husband was able to sell his company for several millions and secure a handsome service agreement. The ultimate special purchaser had been found.
As a forensic accountant I am often instructed to value companies and shares in companies. Typically, this is in divorce cases or petitions under Section 994 of the Companies Act – the unfair prejudice provision. In the first situation, on a clean break one spouse is taking the family company out of the marriage and the other spouse is taking the house, savings, pensions etc. In the second, the typical solution is that the Court orders the other shareholders to buy the applicant’s shares at a fair value. In both cases, there is no arm’s length transaction with a third party, so one must consider hypothetical values. How does a valuer set about that task?
Space does not allow a treatise on valuation. My favourite textbook is Tolley’s Practical Share and Business Valuation, which runs to 551 pages; I have only one page. So all I can provide is a bullet-point list of matters to be
considered, whilst mentioning that my valuation reports typically run to at least 40 pages, with each step in the reasoning process explained in such a way that the “informed layman” – judge, counsel, solicitor, even the client – can understand how I reach my conclusions.
I will set out the steps in a matrimonial valuation; the Section 994 process is similar. So here goes:
Assemble the basic evidence: annual accounts for at least three years, Forms E, Questionnaires etc.
Learn what one can about the company and its trade from Google searches etc.
Chart the accounts in Excel to identify trends, profit rates, unusual expenses etc.
Prepare a fact-find so as to learn as much as possible about this business: exact trade, competitors, SWOT analysis, top 10 customers, key personnel, key products, responsibilities and hours of work of the directors, etc. Often the husband runs the company and the wife has not played much part in its management in recent years, but each spouse must be given the chance to reply; “don’t know” answers are permitted.
Decide whether the valuation should be on a dividend yield, asset, or earnings basis. Without going into the technicalities, the earnings basis is by far the most common.
Adjust the trading results in say the last four years for unusual or non-recurring items, and adjust for reasonable management remuneration by adding to profit the actual amounts paid to the directors, and deducting the amount one would expect to have to pay for that person’s services to the company if they had not also been a proprietor; support may be gleaned from ASHE (Annual Survey of Hours and Earnings) and from the Croners/IoD Reward survey.
Perform a weighted average
calculation, so that more regard is had for later years’ results.
Step back and consider whether the outcome is a fair expectation of future profits, having regard perhaps to ways in which the hypothetical new owner may wish to run the business. Remember that this mysterious person is buying the expectation of receiving future profits, and that past results give only a guide to those expectations.
Now for the highly subjective part: how many years’ purchase of expected future profits would this person pay? Here we rely on the BDO PCPI (Private Company Price Index) so that a similar P/E (Price to Earnings ratio) may be found in the FT daily list, with an adjustment to recognise that ours is a private company; or the UK200 Group Valuation Index, which provides a multiplier for EBITDA (Earnings Before Interest, Tax, Depreciation and Amortisation). Regard may also be had to the Zephyr Database provided by Bureau Van Dijk, a huge database of actual transactions across Europe; though when one drills down to the UK transactions in a particular trade, the sample sizes are very small.
Multiplying the expected future profits by the multiplier gives one a value for the whole company on an earnings basis. What then is a particular shareholding worth? Regard must be had for the voting rights of different classes of shares. Discounts should be applied for various percentage holdings; less than 25% may be worth very l ittle, whereas 75% or more may represent virtually the whole value. Interestingly, a 50% holding is worth less than half because of the risk of deadlock, so that two 50% holdings may represent only say 80-90% of the company’s worth.
But i f one has a quasi partnership, as in Ebrahimi –v- Westbourne Galleries, each shareholding is worth the exact percentage of the whole.
Chris Makin
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This is all we have time for. The process of valuation is much more complex than the embarrassingly simple steps described above. Two conclusions: valuation is highly skilled, and don’t try this at home!
Chris Makin
[email protected] www.chrismakin.co.uk
Chr is Makin has pract ised as a forensic accountant and expert wi tness for 23 years , lat ter ly as Head of L i t igat ion Support at a nat ional f i rm. He has been party expert , SJE, Court appointed expert and expert adv iser in hundreds of cases, and g iven expert ev idence about 70 t imes. He also performs expert determinat ions.
Chr is is a fe l low of the Inst i tute of Chartered Accountants where he serves on the Forensic Committee, and as an eth ical counsel lor ; he is a fe l low of the Chartered Management Inst i tute , a fe l low of the Academy of Experts where he serves on the Invest igat ions Committee, and an accredi ted mediator. He is a lso an accredi ted forensic accountant and expert wi tness.
He pract ises as an expert wi tness and mediator from West Yorkshire and h is rooms at 3 Gray ’s Inn Square, London WC1R 5AH. He has mediated a vast range of cases, wi th a set t lement rate to date of 80%.
Book ReviewLEGAL AID HANDBOOK 2015/16
Edited by Vicky Ling and Simon Pugh With Anthony Edwards
ISBN: 978 1 90840 758 0 (paperback)978 1 90840 759 7 (ebook)
LEGAL ACTION GROUPThe access to justice charity
www.lag.org.uk
A practical and up to date explanation of the Legal Aid Regime - A must-have for all legal practitioners
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
We have reviewed this excellent work from the Legal Action Group in the past and we are delighted to recommend this new ‘Legal Aid Handbook 2015/16’. We regard it as the most useful of all the publications on legal aid currently on the market.
The authors, Vicky Ling and Simon Pugh ably assisted by Anthony Edwards, say that if the past few years have been hard for legal aid practitioners, the next few will be even harder. As the old days of legal aid are now well and truly over, it is apparent as of now, that any limited return to any form of legal assistance will have to be merit-based, bearing in mind that public funding is involved.
The ramifications and need-to-know information and comment are all included in this book, which in line with the principles of the LAG, is written in a reassuringly plain-English style aimed at a wide range of readers, including the potential recipients of legal aid themselves.
This year Vicky Ling and Simon Pugh are joined by new contributors. Solange Valdez and Richard Charlton have written the chapters on conducting immigration and criminal cases with Steve Hynes adding his insightful comments on the policy scene.
Practitioners will certainly value the succinct chapter on ‘getting paid for criminal work, as well as, of course, the chapter on ‘getting paid for civil and family work’. On this and a multitude of other matters, this handbook does save us a great deal of time trying to fathom how the current schemes operate. In this regard, the ‘read this before you start’ section under ‘Part A: Legal aid advice and litigation’ -- is particularly helpful by way of introduction and a offers a few words of caution about the complexities of undertaking publicly funded work.
The Handbook is supported by the regularly updated on the website “legalaidhandbook” dot com and you can also follow it on Twitter. As with all LAG publications, case studies, hints and checklists offer essential help for support staff and lawyers alike.
Within the book’s 520 or so pages, including appendices and step-by-step guides throughout, the practitioner is given a clear outline of the framework of current legal aid. All this, plus the extensive tables of cases, statutes and statutory instruments, as well as the table of European and international legislation make this an invaluable -- and invaluably time-saving -- title.
For legal aid practitioners across the full range of disciplines this is a must-have purchase.
Have your cake and throw it?
30 www.derbylaw.net
Kerry Hay from law firm Hart Brown warns that appointing the right Lasting Power of Attorney is crucial for your well-being
We all hope that we will retain our ability to make decisions. However, some of us won’t and if we don’t who will have the authority to step in on our behalf? If we don’t make provision for unforeseen future events, someone would have to apply to the Court of Protection for a deputyship order. That ‘someone’ might not necessarily be the person we would choose. Once they have managed to obtain the order this person would be overseen by the Court. The application itself can be very lengthy and costly. By setting up a lasting power of attorney (LPA) an individual can decide who will make decisions on their behalf, and guidance can also be provided in advance as to what help is required. Lasting powers of attorney come in two distinct parts; one part relates to property and financial affairs the other to health and welfare. You can create either or both types.
In relation to health and welfare, the LPA can only be used if you are not able to make a decision for yourself. Everything from what you wear or eat, who you should have contact with, what activities you get involved in, where you should live and who you should live with are all decisions that can be made by the attorney, but only if you have lost capacity. The role of the attorney is an enormously responsible one, and choosing the right person or persons is crucial. But what happens if the LPA makes bad decisions.
Recently senior Judge Lush revoked the Lasting Power of Attorney (LPA) of an elderly woman as her attorney had been spending £250 per month on sausage rolls and cakes for her elderly mother. The court deemed that the use of the donor’s
money was a waste, especially as she was receiving perfectly adequate and nutritious meals from her nursing home. Judge Lush said that the daughter was inflexible and ‘adamant’ that she knew what was best for her mother when she arrived at the care home with plates full of pork pies and biscuits. The mother, who is in her late 70’s and suffering from dementia had no appetite for such foods and often threw them at nursing staff and they ultimately ended up in the bin. An order was made to revoke the LPA and the Office of the Public Guardian would take control of the mother’s financial affairs.
Think carefully when you appoint a LPA, and take sound legal advice to set up the agreement properly.
Kerry Hay specialises in Wills, estate planning, administration of estates, powers of attorney and Court of Protection.
About Hart BrownHart 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
LPA revoked because person with power of attorney buys too many cakes
