d&dls 60

D&DLS BulletinDerby & District Law Society

www.derbylaw.net February 2016

Also in this issue: Training Update • ‘Makeaplea’ and the Single Justice Procedure

Gold Patrons of the Society: Severn Trent Searches

Sold – one table of 10 for the D&DLS

Annual Dinner on April 29thDetails on page 10

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Contents

D&DLS BulletinDerby & District Law Society February 2016

EditorialIt’s nice to be able to start the year with some good news, ie the u-turn by Michael Gove regarding the 2-tier contracting proposals, and the delay in the implementation of the second 8.75% cut in legal aid rates. This of course follows a concerted campaign by the profession, in which this Society’s Criminal Litigation sub-Committee played its part, so well done to Simon Stevens and Nick Wright in particular for all their efforts.

As President Di Copestake says on p5, there are times when local law societies’ efforts can make a difference, and the Society is keen to ensure that it continues to play an active – and valued – local role on its members’ behalf. You will all have received 2 emails regarding the Open Meeting at the School of Law on February 16th, and the Committee do hope that you will take this opportunity to come along and let us know your views on what this Society (as opposed to Chancery Lane) can and should be doing to assist you going forward – as has been said many times before, it’s your Society and the Committee doesn’t have all the answers, so if there are things we should be doing (or stop doing), come along and let’s hear from you.

Feb. 16th is also the deadline for entries to the 10th Legal Skills Triathlon, so if your firm has not yet encouraged its trainees or newly-qualified solicitors to enter, please do so – there are only 8 places available (see pp12-13) – it’s good for them, and for your firm.

Two future events to put into your diary – the Annual Dinner on April 29th (see cover and p10) and the AGM, which this year will be held on Monday May 9th. We have again received generous support from Dinner sponsors Garrandale Group, the School of Law and Severn Trent Services which has again allowed us to hold the ticket price, provide a welcome drink and provide 2 complimentary bottles of wine per table for the third year running; in comparison with many other such Dinners it represents excellent value for money, so please start to plan your firm’s party and book your places on the booking form in this issue.

On the training front, we have added a potentially very important course to the training programme on April 5th, which provides guidance on how to ensure compliance with the SRA’s new approach to competence and training which comes into force on November 1st (see p14). You still need to comply with the current 16-hours rule this year, and there are plenty of other courses to choose from, but it would be mistake to assume that the new approach means that you can relegate CPD to the back burner thereafter. Can I also draw your attention to the first course we have put on specifically for support staff, on conveyancing on March 15th – if you wish to increase the productivity of your support staff and hence improve profitability, and to do so at a 50% discount, ensure that they are enrolled as D&DLS members before you book them on the course (contact me at [email protected] for an application form – CLT do check membership claims with me!).

On the subject of conveyancing, you will be aware that the Law Society’s Veyo electronic conveyancing portal project has been cancelled, after the expenditure of a considerable sum of (your) money – you will see from Council Member Michael Williams’ brief report on p6 that he is far from impressed, and I suspect, knowing him, that we (and Chancery Lane!) will not have heard the last of this!

Elsewhere there is an appeal for members of the local profession to join in the ‘Enterprise for Education’ (e4e) initiative aimed at raising the aspirations and prospects of young people in our community (p6), an update from Andy Cash on the new ‘Makeaplea’ procedure in Magistrates’ courts (p8), and details of services which may be of interest/benefit to you or your firm, from the Medical Collation and Chronology (p7), and the Leasehold Advisory Service (p8).

And finally, congratulations to Zoe Dowthwaite of Flints on her promotion (p6) - don’t forget, if you have anything you wish to share with the local profession, let me know; you don’t need a PR agency- just access to email!

Please note that I will be on leave from February 25th – March 13th inclusive so if you need to contact me about anything, avoid those dates – but you can still send in your Dinner bookings by post!

Peter BallAdministrator

Published by: EAST PARK COMMUNICATIONS Ltd.Maritime House, wBalls Road, Birkenhead, WirralCH43 5RETel: 0151 651 2776

[email protected]

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Managing EditorPeter Ball

DesignEast Park Studio

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PublishedFebruary 2016

© East Park Communications Ltd.

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.

3 - Contents

3 - Editorial

4 - List of Officers

5 - President’s Page

6 - Membership News

6 - Community Links

6 - Council Member’s Report

7 - Case Management

8 - Crime

8 - Property

10 - Social

11 - Booking Form

12 - Skills Triathlon 2016

12 - Application Form

14 - CPD Programme 2016

16 - Search Delays

18 - Huddersfield University

19 - Marek Bednarczyk

20 - Book Reviews

23 - Shape Your Future

24 - Costs Lawyers

26 - Drainage & Water

28 - Rape & parental rights

30 - Alternative Funding

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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

Derby Junior Lawyers [+]Laura SephtonFreeth Cartwright LLPTel: 01332 [email protected]

Constituency Council Representative, Derbyshire (+)Michael WilliamsTel: 01298 [email protected]

(+) attend Committee by invitation

Other Committee Members

Scott AtkinsDerby School of LawTel: 01332 [email protected]

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]

Janine 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 1st Feb 2016)

Officers and Committee Members for 2015

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Copestake’s Cogitations

Well, here we are again – another year another dollar (or something like that!). Christmas is over for another year, thank goodness, and all the attendant stress in that particular respect is gone until December 2016. I always find Christmas very stressful as you always feel pulled by family functions and other events that you “must” go to, with insufficient time to do everything. As I alluded to in the December Bulletin,

fortunately for myself and fellow family lawyers, a number of the public also feel that stress and it can be the straw that breaks the camel’s back leading to a flurry of new divorce instructions in January each year. I saw from the media that we now have the first working Monday in January dubbed ‘Divorce Monday’ for that very reason! I did make some enquiries of my own and found from talking to people who commenced divorce proceedings after Christmas/in January that it was often simply because they did not want to disrupt Christmas/New Year for the children that they did not commence proceedings prior to then – it was not that they fell out over Christmas itself (although they often fell out more!) but that the decision had been made some time prior to that, to be actioned after Christmas. Whatever the reason, it is now pretty busy at work, which is a good thing for us!

Quite what is happening generally as regards the legal profession is another thing. As you will know, Peter, and Council member Michael Williams, keep us well-briefed as to the machinations of The Law Society in London, whose latest proposals are now to reduce the number of regions - through whose managers local law societies can make representations, and who share their knowledge of what is happening in London with the local profession and vice-versa - down to four areas: City of London; North (including North East, Yorkshire and North West); Midlands and South West; and London, South East and East. How this is going to work when our current Midlands Regional Manager, Ravi Hothi, appears to be chasing his own shadow most of the time and whom we only see very occasionally, I do not know. There is however tied up with this the feeling that the local legal profession as a whole is pretty sceptical or apathetic towards being represented down in London; you will all be aware from Peter’s recent email and flyer that there is an Open Meeting to be held at the School of Law on 16th February so that you, the local legal profession, can tell us, your Committee, what you would like us to do as regards representing the interests of the legal profession to HQ in London and what other services might be of use to

you all locally. We used to be able to provide cost-effective training courses which were a valued service to members but as the CPD rules have changed and as so much more is done online this has become less of a positive and, indeed, many locally-arranged courses have been cut as they were very poorly attended. I know Peter refers to this meeting elsewhere in the Bulletin and I hope members and also non-members will attend on the 16th so that we can gather what people want. If people do not attend then we as a Committee cannot be expected to have all the right answers and know what is wanted and, sadly, it would be a confirmation of the apathy to which I referred above. It would, in my view, be a great pity if few attended the meeting and the Committee was thus left to consider the role – and even viability - of the D&DLS at all in the face of widespread indifference. It’s all well and good sitting on the sidelines, disengaged, ‘cherry-picking’ those bits you like and keeping your distance the rest of the time – but if everyone does that instead of joining and getting involved, there is a real risk that there may at some future date be no D&DLS from which to cherry-pick at all, and then ‘you won’t know what you’ve got ‘til it’s gone’, to quote Joni Mitchell’s ‘Big Yellow Taxi’.

On a good note, whilst writing this, I have received, as have other Committee members, an email from Peter confirming that Michael Gove has said in a written ministerial statement this after that he has decided ‘not to go ahead with the introduction of the dual contracting system’. He also said that he will also suspend, for a period of 12 months from 1 April, a second 8.75% fee cut which was introduced in July last year. Jonathan Smithers has stated that he is pleased that the Lord Chancellor has “listened….” This is surely an example of how and when local law societies do have an influence on what happens? I know our own Criminal Litigation sub-committee have been working tirelessly on this subject and I would say congratulations to every one of them and thank them – along with colleagues at other local law societies - for being so determined to make the Government listen. All local practitioners in criminal law have benefitted from this and it would be nice to think that all local firms would ensure that they have as many of their qualifying fee-earners as members of the D&DLS as they can to ensure that such good work can continue – who knows who will be the next in the firing line?

Finally, we have our Law Society Dinner coming up on April 29th and much as I am dreading the thought of having to say something, it would be great if we had a good turnout on the evening. Auctioneer Charles Hanson is our guest speaker and I know he will be very entertaining. I do hope that you will all ensure that your respective firms take a table and support the DDLS – forms of application for tickets are within the Bulletin!

Di CopestakePresident, 2015-16

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Community LinksEmployer volunteers required for new Enterprise for Education (e4e) initiative

If you’ve been reading the local media recently, you may already be familiar with the Enterprise for Education (e4e) project, an exciting public / private sector initiative between Derby City Council, Rolls-

Royce, Prince’s Trust and a range of SMEs, designed to help youngsters develop links with employers and gain skills relevant to the world of work.

Since its official launch at the end of October, more than 80 representatives from a cross section of the local business community have come forward to provide a range of support to pupils at 12 city centre secondary schools – from Rolls-Royce, Bombardier, East Midlands Airport, the University of Derby and Derby College to Toyota, HP, MITIE, Mercia Image, Tidyco and people who have retired and want to give something back to the community.

The range of employability and careers activities offered by e4e now includes CV writing workshops and mock interviews, along with mentoring, industry visits, careers workshops and talks.

In order to expand these services and meet the increasing demand from local schools, however, e4e needs to recruit more volunteers from the business world– which is where Derby’s legal community comes in.

e4e needs more volunteers, who share their vision of supporting young people to create a better future and who can commit a minimum of just half a day a year of their time to help improve the opportunities and skills of the city’s young people and better prepare them for the world of work.

Mike Copestake, who is a partner at Freeths and chair of e4e, said: “It would be fantastic if some of Derby’s legal community could sign up and offer their expertise in order to help raise aspirations and improve employability skills amongst the city’s young people.

“e4e is already making a positive difference to our young people by raising their self-belief, motivation and aspirations. With one more push we can recruit the volunteers we need to make sure that more young people are given every possible opportunity to achieve their best and reach their full potential,” .

If you can help, call the e4e team on 01332 641622, email [email protected], or register your interest at www.enterprise4education.com

Membership News

Flint Bishop announces promotion and new hire within Marketing team Flint Bishop announce that Commercial Marketing Manager, Zoe Dowthwaite has been promoted to Head of Marketing with immediate affect. Zoe has been with Flints for almost four years and has been promoted following recent successful marketing campaigns, which include obtaining the firm’s International award given by Thomson Reuters for use of the firms CRM database. The firm have also recruited Shoosmiths ex-Business Development Executive Kelly Westwood to the team. Zoe Dowthwaite Kelly Westwood

You may have heard that last December the Law Society abandoned its efforts to establish Veyo which was intended to provide a technology solution to conveyancing problems. This was a well intentioned attempt to help small firms compete in the modern market place, but clearly things have not gone well and a report is being prepared for Council to ascertain what went wrong. From my own recent enquiries of conveyancers known to me in both Derby and Buxton local law societies I found no one who thought Veyo had anything to offer them and I, therefore, wonder

what market research was done in the first place. I would be very interested to hear from any readers who take the opposite view. What I think this episode reveals is that there needs to be greatly improved communication between Chancery Lane and the profession to ensure that Council Members and Law Society staff get an accurate view of what practitioners really think. Better communication would work both ways because people may well get more fully involved locally if they think their views will actually reach Chancery Lane and be taken into account there. I shall be making this point at the first available opportunity.

Council Member’s Report

As a former solicitor, I know well the feeling of dread that can overcome you when a large pile of medical records hits your desk. They arrive on your office floor in boxes, bags and curious bundles, poorly copied and chaotic.

Whilst I pity the overburdened NHS administrative staff who have to produce these records, I also pity the lawyer who then has to wade through them, try to shuffle them into some semblance of order and pick out the material relevant to the case (or more often than not, try to highlight which important records are missing!).

I worked in personal injury and clinical negligence, so saw client’s medical records on a regular basis. However, these are not the only lawyers who have to deal with them - family lawyers dealing with sensitive childcare cases; criminal lawyers; probate lawyers - all are sometimes faced with unfamiliar and unwieldy GP and hospital records. In some areas such as Court of Protection part of the battle can be even in obtaining the client’s nursing home records.

I set up Medical Collation and Chronology Limited alongside my co-director, an industry professional, to combat these problems. Along with our in-house nurse, we collate, paginate and index medical records. We also have a team of nurses from a variety of disciplines who can prepare chronological analyses of those records if required. We believe lawyers’ time is better spent elsewhere, on their caseloads, than wading through voluminous and sometimes irrelevant medical records.

Our highly detailed indexes and innovative chronologies will help

streamline messy medical records. Whilst records usually range from 600 to 2000 pages, we have seen cases where client’s records extend to over 6000 pages. In one month we can review in excess of 40,000 pages of medical records. Whilst only a small percentage of these may be relevant to the claims in question, somebody has to go through every document to ensure all the necessary information has been provided. This is what our team does best!

Negligence claims against the NHS increased by 20% in 2015 and this concerning trend doesn’t seem to be slowing down. In the light of the first set of Jackson reforms, many PI firms turned to clinical negligence. MCC Ltd is on hand to support such firms, who may not have previously dealt with large volumes of medical records.

Last week Lord Justice Jackson called for fixed fees in all claims up to £250,000. The march towards fixed fees has seemed inevitable for some time. We at MCC Ltd are sensitive to these changes. We know that disbursements will now be seen to eat into lawyer’s profit costs – so we are confronting this head-on with our range of fees available to suit your business needs.

So, don’t let medical records weigh you down – help is at hand!

Juliet Young, MCC

[Editor’s note: If you or your firm would like to know more about this service please let Peter Ball know at [email protected] – if there is sufficient interest we will arrange for an evening information session with MCC.]

Case management

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Medical Records Weighing You Down?


Crime

Across the country Magistrates are introducing a new procedure which is intended to enable the early and efficient disposal of certain classes of criminal offence. The new systems have the potential to be very helpful and may save time and costs. However there are some difficulties and potential pitfalls that you should make clients aware of.

Known as the Single Justice Procedure, it applies to non-imprisonable offences of a type that can only be dealt with by Magistrates’ Courts. In most areas where it has been introduced it is being used to deal with so called “minor” road traffic offences. These minor offences are, however, those that can still lead to heavy fines and driving bans if your clients get it wrong.

If the process applies to your client they will receive a pack setting out various options. They will be given the option of entering ‘Guilty’ or ‘Not Guilty’ pleas and of supplying mitigation and financial information, and will be invited to either fill in the forms in the pack and return by post or to complete them online by going to www.makeaplea.justice.gov.uk.

They will not be given a court date. If they plead Guilty or do not

respond within 21 days, they will be dealt with by a Magistrate sitting in private with a legal advisor and they will be contacted about the outcome. If they plead Not Guilty they will be advised of a trial date.

The Government site does not allow anyone other than the defendant or if a company the authorised representative of the company to complete it. We cannot do this for clients. In some cases it has proven difficult to ensure that key mitigation gets through and in cases where more than one matter is alleged it is not easy for the system to deal with mixed pleas.

When cases are dealt with, the Court staff will report the results on-line so that the systems immediately update licence details at DVLA. This can mean that real problems may emerge very quickly. Incorrect decisions could impact on insurance cover and even risk vehicles being impounded when checked by automatic number plate recognition.

Whilst I hope these systems quickly become functional, for the foreseeable future my advice to clients is always to seek early legal advice to avoid any problems and reduce risk.

Andy CashCartwright King

The Leasehold Advisory Service, better known as LEASE, is a not-for-profit organisation funded by the English and Welsh governments. It was established in February 1994 to provide advice and information for residential leaseholders and can also help anyone living in a park home in England.

Members of the public can access that advice via a number of different channels including the LEASE website at www.lease-advice.org, by phone or by letter/email and LEASE advises a wide range of landlords, tenants, solicitors, managing agents and local authorities on a regular basis. We also attend seminars and surgeries for leaseholders across England and Wales.

All the advisory staff at LEASE are legally qualified and we have the luxury of being able to specialise in a relatively narrow subject; hence there is a very high level of expertise.

A new service recently added to our website is a decisions database covering the FTT and its predecessor the Leasehold Valuation Tribunal (http://decisions.lease-advice.org/). The new service has an enhanced search system and decision summaries features that help subscribers find those important relevant cases quickly and easily. This invaluable service comes with a seven-day free trial, so please try it.

To further ensure property managers are well-equipped to deal with such issues, LEASE offers training on a variety of residential leasehold law topics via classroom courses, informative and convenient 90-minute webinar presentations or even bespoke training at your premises. The training courses are accredited for Solicitors Regulation Authority Continuous Professional Development (CPD). Other professional bodies may also award CPD points.

Recent courses include:

• Managing a building – the law you should know

• Section 20 consultation

• Shared ownership

• Right to buy – what every property professional should know

LEASE’s trainers all have significant experience addressing residential leasehold issues.

If you are interested in attending a course or have any questions about our training services please contact us at [email protected].

A new service for leasehold professionals is now also available. Lawyers, managing agents and other professionals working in the sector now access LEASE’s expert advice through an online booking system. No more waiting on hold – select your slot, call the number provided and get the advice you need. Coming soon – look out for a new subscription service for firms in the sector with discounts on directory listings, training courses and more.

For more information or to contact LEASE, go to www.lease-advice.org or email us at [email protected]

[Editor’s note: If you would like me to arrange any of the courses listed above, please let me know at [email protected] and if there is sufficient interest I will make the necessary arrangements.]

PropertyLeasehold Advisory ServiceHow to find the answer to those difficult leasehold questions? Don’t Google, come to LEASE instead, says Kavita Bharti

‘Makeaplea’ and the Single Justice Procedure


Social

Places are available on circular tables of 10, but there is no need to book a whole table as smaller parties are welcome. Dress code is black tie for gentlemen. To book places please use the booking form elsewhere in this Bulletin.

Please note that, as last year, all bookings must be confirmed and paid for 7 days before the event.

Dinner sponsors:

Annual Dinner 2016The Annual Dinner is the Society’s principal social event, and also marks the outgoing President’s ‘swansong’. It thus offers a great opportunity to give Di Copestake a good send-off, as well as to renew links with colleagues whom you may not have seen for some time, whilst eating and drinking well, being entertained – and exercising the calories off on the dance-floor!

This year’s Dinner will be held on Friday April 29th at the iPro Stadium, Derby, 7.15 for 7.45 pm til 1.00 am. Dancing from c.11.00 pm.

On arrival you will receive a welcome drink of Buck’s Fizz, and a complimentary bottle of red and white wine plus sparkling mineral water will be provided for each table.

Thanks to generous sponsorship from the Garrandale Group, Derby Law School and Severn Trent Services we are again able to hold the ticket price at £45.00 (£37.50 + VAT). Given that firms can reclaim the VAT, the Dinner is a real bargain at a net cost of £37.50 per person, so start planning your party NOW!

This year’s speaker is local auctioneer Charles Hanson, who in addition to his work as an auctioneer is also a popular after-dinner speaker, who will entertain us with tales from the saleroom, from his work carried out on various television antique shows and the current demand for such heirlooms at auction – you could find that your umbrella stand in the hall is a priceless Ming vase (well, we can all dream!).

Duo of SalmonCold, Poached & Own cured Dill and Sea Salt Salmonserved with a Cucumber and Tomato Salsa,finished with Micro Cress and LimeorLeek & Caerphilly Cheese Tart (V)served with Balsamic Dressing and Dressed Rocket—Pan Seared Supreme of ChickenSpinach & Sun-dried Tomato Mousse, Dauphinoise Potatoes,Rustic Carrots & Fine Beans, White Wine Sauceor

Spinach Gnocchi (V)Wild Mushrooms, Mediterranean Vegetables & Pesto Dressing finished with Parmesan Shavings—Gateau St. HonoréPastry base with Choux Buns filled withPatisserie Cream and BerriesorFruit Salad—Cheese & Biscuits—Tea / Coffee

• This Year’s Menu •

PLEASE SEND THIS ENTIRE FORM TO: Peter Ball, Administrator, The Old Barn, Hatton Fields, Sutton Lane, Hilton, Derbyshire DE65 5GQ

Name: ……………………………………………………………………………………………………………………………………………………………………............................................

Firm: ……………………………………………………………………….…………………....…………………………….....................................................................................

Address / DX: ……………………………………………….…………………………….…………………………………………………………………………….........................................

Tel. No.: ………………………………………………………………............................................

Eail Address.: ………………………………………………………………...................................

Position Partner / Assistant Solicitor / Trainee / Legal Exec / Other (specify): ……………………………………...…………………….. ..................................

Suggestions for future CPD courses, especially for support staff:

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Signature: Date:

PLEASE NOTE: if you are booking an event for more than one person or for someone other than yourself, please indicate the name, position and membership status (member / non-member) of the attendees on this form or a separate sheet, and ensure that the VAT-inclusive fee paid is appropriate.

*Please make out a separate cheque payable to Derby & District Law Society for each separate event booked

Derby & District Law Society Event Booking Form

Event Date Venue Time CPD Members*Non-

Member solicitors

TOTAL FEE*

No. (incl VAT) No. @ (incl VAT)

ANNUAL DINNER

Friday April 29th

iPro Stadium,

Derby

7.15 for 7.45 pm - 1.00 am

n/a £45.00 £45.00

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Have you submitted your applicationfor the Skills Triathlon yet?There’s still time…fill in the application attached and send it to Sue Jennings at [email protected] by no later than 16th February 2016. There are only 8 places for junior lawyers so submit your applications as soon as possible. Successful applicants will be notified by email by no later than 24th February 2016.

PLEASE NOTE THE CHANGE OF DATE. THE EVENT IS NOW TAKING PLACE ON WEDNESDAY 2ND MARCH 2016 AT ONE FRIAR GATE SQUARE (OFGS), DERBY LAW SCHOOL’S NEW HOME.

This year we are accepting applications from pupil barristers as well as trainee solicitors and newly qualified solicitors up to 12 months PQE, paralegals/legal clerks and legal executives with up to 2 years practical experience

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 the 1 day Legal Skills Triathlon. The team must conduct a client interview, make a court application (advocacy) 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 the event. Monetary prizes will be awarded for:

Best Team Overall 1st - £350 (£175.00 each)

2nd - £250 (£125.00 each)

3rd - £200 (£100.00 each)

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 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 16th February 2016. Successful applicants will be notified by email by no later than 24th February 2016.

2015 Triathlon best team Alex Cherry and Carrie Swan

APPLICATION FOR SKILLS TRIATHLON

www.derbylaw.net 13

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 16th February 2016.

DERBY & DISTRICT LAW SOCIETY IN ASSOCIATION WITH UNIVERSITY OF DERBY’S LAW SCHOOL

DATE OF TRIATHLON: 2nd March 2016

VENUE: One Friar Gate Square, University of Derby

DEADLINE FOR SUBMISSION OF APPLICATION: 16th February 2016

14 www.derbylaw.net

DERBY & DISTRICT LAW SOCIETY CPD TRAINING PROGRAMME 2016

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 tbc Intermediate Chesterfield CLT

Residential Property

Conveyancing - a

Comprehensive Workshop for

Paralegals & Support Staff

6 15/03/2016 Foundation Derby CLT

Management / CPD Compliance

Continuing Competence:

Get Ready for the New Regime3 05/04/2016 Foundation Derby CLT

Employment Employment Law Update 2016 6 tbc 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 tbc 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 tbc Intermediate Derby CLT

Criminal Litigation

Hot Topics in

Criminal Evidence6 tbc Update Chesterfield CLT

Wills & Probate Wills & Probate Update 2016 5 tbc Update Derby CLT

Family Family Law Update 2016 6 21/10/2016 Update Derby CLT

Civil LitigationGetting to the Money - Proactive

Debt Recovery in 20166 tbc Update Burton CLT

1. Please note the inclusion of our first course aimed at support staff, on March 15th. As profitability remains under continuing pressure, increasing the productivity of your support staff is one way to increase it, so if you wish to book any of your support staff onto this course please remember that membership of D&DLS automatically entitles you to a 50% discount on the full CLT course fee of £300, so make sure that you enrol them with the Society before you book their place with CLT, and save a significant sum – contact Peter Ball at [email protected] for an application form, and make sure he has received it back before booking a place, as CLT check all claims of D&DLS membership with him. 2. In addition to the new CLT courses advised in the last issue, we have added a further course on April 5th entitled ‘Continuing Competence: Get Ready for the New Regime’;

The SRA regulations on continuing professional development for solicitors have changed.

From 1 November, you will no longer have to undertake 16 hours’ CPD a year. Instead, you must complete an annual declaration

that you have undertaken enough learning and development to remain competent. This declaration will probably only come under scrutiny by the SRA should you or your firm be the subject of a client complaint which has not been resolved ‘in-house’. It is thus vitally important that you all know how the new regime will work, and what you will need to do to ensure that you fulfil your obligations and are ‘in the clear’ should this occur.

This practical and interactive half-day workshop explains the new system of continuing competence and walks you through the SRA’s competence statement. It outlines the responsibilities that you and your firm have under the new regime and demonstrates how you can really benefit from well-planned learning and development activity.

The new SRA system: what you have to do and by when;Understanding the ‘reflective’ learning cycle – how to make development activity effective;Competencies and the new SRA framework – using them effectively;Identifying your learning needs and planning training and development;Development methods and effectiveness.

By the end of the workshop, you will be able to:

Interpret the new SRA system: what you have to do and by when to be compliant;Understand the ‘reflective’ learning cycle – how to make development activity effective;Use the competencies and the new SRA framework to plan development activity;Identify your learning needs and plan training and development;Appraise development methods and how effectively they meet your learning goals;Consider how you/your firm can measure and demonstrate compliance with the new regime.

Who should attend?

Managing Partners / Training Partners PartnersCOLPsTeam LeadersSupervisorsHR/training/practice managersIndividual solicitors interested in their own continuing development

Training Update

www.derbylaw.net 15

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Don’t let search delays cost your client dear!Despite a great deal of disquiet and proposed judicial challenges; George Osborne’s plans to impose a Stamp

Duty surcharge on “Buy To Let” and other additional properties look set to come into force on 1 April 2016. Anyone buying a second property (which isn’t or doesn’t replace their main residence) after that date will be subject to an additional Stamp Duty charge of 3% in addition to all existing Stamp Duty. This even covers properties over £40,000 which previously paid no stamp duty. Investors rushing to beat this deadline will add to the increasing number of clients instructing conveyancers and put further strain on already pressured Local Authority Land Charges departments. Local authorities such as North Somerset are currently quoting search times of 33 working days (over 6 weeks!) and delays of up to 17 weeks have been reported.

As the imposition of the Stamp Duty surcharge is only weeks away these delays can cost would be investors dear! For homebuyers these delays are often a major contributor to chains falling through and transactions failing to complete. With more law firms offering “No Completion, No Fee” this can cost conveyancers dear too.

Lawyers looking to limit the problems caused by these delays need to look at where No Search or Delayed Search Insurance is suitable. Stewart Title offers a range of these policies to protect both cash buyers and lenders on a block policy or stand-alone basis. Policies for other Title Defects can be ordered on line and more difficult or unusual cases are handled by our underwriting team.

As well as usually being quicker than a full written search, the premiums for No Search Insurance are normally cheaper than the fee payable to the Local Authority. This is another cost saving that can help buyers and investors.

There is some confusion amongst conveyancers regarding the attitude of lenders to No Search Insurance. Whilst some lenders are not willing to accept it in lieu of full written searches; a quick check of Part 2 of the CML Lenders Handbook shows that (as at January 2016)a large number of main lenders accept Insurance for purchases and even more for re-mortgages. Conveyancers should however always check the replies to Question 5.4.6 of Part 2 of the CML Handbook before recommending Insurance to a buyer. Similarly (in the same way you would check the replies to a written search) Conveyancers should always check that the policy provided offers adequate protection for their client and their lenders (in terms of both the extent and financial level of cover).

The next few months should be a busy but hopefully profitable time for lawyers and Stewart Title are ready and able to assist you.

To discuss the issues raised in this article or for any other queries you have regarding our products please contact Robert Kelly on 07415240703 or [email protected].

Robert joined Stewart Title in 2013 after 25 years’ experience as a Property lawyer.

Professional communications for professionals

www.epc.gb.com


The Challenge 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 opened a law clinic, staffed by students, in January 2013. This differs from many other offerings in that not only do students gain hands-on experience of dealing with clients and their problems but in addition they are also part of a major research project which studies 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 concentrates on the unmet legal need within the local area and refers cases on to a network of local firms when appropriate.

Dealing with the postgraduate needs of the practitioner, we developed an MBA in Legal Practice in 2013 which is structured specifically to the needs of partners and those aspiring to manage legal firms. This is delivered in conjunction with the Management, Accountancy and Marketing streams within the Business School. With its flexible delivery channels and closely relevant content it has proved 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

Bloomsbury Professional have published the 5th edition of Clinical Negligence the only text of its kind to cover both medical and legal aspects of medical negligence. Marek Bednarczyk, a partner at Guildford based law firm Hart Brown, is one of the contributors. Marek has written the chapter on the Conduct of Proceedings jointly with Master David Cook a Clinical Negligence Master at the Royal Courts of Justice.

Regarded as the “go to” publication on clinical negligence, it is written by a team of 54 experts, and provides the most comprehensive and authoritative guidance on all aspects of clinical negligence claims from bringing an action for damages to presenting expert evidence in court. It also includes detailed consideration of funding and cost implications. Marek’s contributions to this new edition is a recognition of his expertise in the area of personal injury

and clinical negligence within Hart Brown. Marek is a member of the AvMA Panel (Action Against Medical Accidents), a charitable organisation which helps people that have suffered an injury from a medical accident, by providing free and confidential advice and support. Marek has also been a long standing member of the Law Society/SRA Clinical Negligence Panel and has worked for many years dealing with legal aid appeals for the Legal Aid Agency (LAA) an organisation charged with the administration of legal aid. He has been a member of the Association of Personal Injury Lawyers (APIL) for nearly 20 years and is an accredited APIL Senior Litigator.

Hardback Edition: 5th: Bloomsbury Professional, Authors Michael Powers QC, Anthony Barton http://www.bloomsburyprofessional.com/uk/clinical-negligence-9781780434858/

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

Marek Bednarczyk from Hart Brown cited in leading journal on medical negligence

www.derbylaw.net 19

Marek Bednarczyk


Book Reviews by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

MILLINGTON & SUTHERLAND WILLIAMS ON THE PROCEEDS OF CRIME - 4th edition

By Mark Sutherland Williams, Michael Hopmeier and Rupert Jones

ISBN: 978 0 19 967291 2

OXFORD UNIVERSITY PRESS

www.oup.com

THE ESSENTIAL AND INDISPENSABLE REFERENCE FOR PROCEEDS OF CRIME PRACTITIONERS

To the cynical, the old adage that ‘crime doesn’t pay’ is a bit of a fiction. In times of recession especially, there are plenty of criminals, white collar and otherwise, who, with varying degrees of desperation break the law, violently or surreptitiously, in order to enrich themselves at the expense of others. Not surprisingly, legislation aimed at confiscation or recovery of the proceeds of crime is something the public would like to see more of.

Quoted in the preface of this authoritative work of reference from the Oxford University Press, Baroness Scotland QC has stressed the importance not only of the ‘stripping of ill-gotten gains from the criminal classes’, but also that the recovered funds should be ‘utilised and invested back into law enforcement, schools, hospitals and other worthy causes’… thus ensuring that the role of the proceeds of crime practitioner is reinforced, now and in the future.

The authors express concern, however, that ‘since the introduction of the Proceeds of Crime Act in 2002 (POCA) there does not appear to have been a marked improvement or breakthrough in terms of recovery, in fact, the opposite.’ Comparing the true proceeds of crime figures being channeled through the UK economy’, they note that the amounts actually recovered (£161m in 2010-11 for example) are paltry by comparison.

Despite weaknesses and shortcomings, however, the fight against acquisitive crime continues apace. Serious Fraud Office Director David Green, writing in the Foreword, states that he has made the recovery of the proceeds of crime a top priority for the SFO. ‘The basic principle behind POCA -- that crime should not pay -- needs to be at the forefront of all investigations and prosecutions’ he says

‘whether the individual is a burglar, a drug dealer, a money launderer, or a sophisticated fraudster.’

Statements like these are of course reassuring, both for the public and for practitioners, as well as the judiciary. And in the armoury of weaponry against crime, this book, now in this new fourth edition, is a really big gun. Heading a team of at least ten contributors, the learned authors offer their extensive expertise in what is an extremely complex area of law. Mark Sutherland Williams refers to his co-editor Michael Hopmeier as ‘the judge that teaches judges’ about this area of the law. And Rupert Jones is described as ‘one of the leading asset forfeiture practitioners at the Bar.’ This distinguished edition, however, has been launched with considerable sadness following the untimely death of Trevor Millington, who for twenty-five years played a pivotal role in the development of proceeds of crime law. This edition is therefore dedicated to his memory.

Covering the full spectrum of issues relating to the recovery and confiscation of the proceeds of crime, from restraint orders to enforcement and restoration, the book provides valuable research resources, including extensive tables of legislation, European legislation and international treaties and conventions, plus no less than twenty-one appendices. To aid navigation for the busy practitioner, there are numbered paragraphs throughout, a detailed table of contents and a twenty-five page index at the back.

As a clear statement of the current legislation pertaining to the confiscation and restraint of the proceeds of crime, this book is an invaluable aid to all who practice in this difficult area. The publication date is cited as at May 2013.

LEXCEL INFORMATION MANAGEMENT TOOLKIT2nd edition

THE LAW SOCIETYPractice Management Standards

ISBN: 978 1 907698 76 7

www.lawsociety.org.uk

A NEW EDITION FROM LAW SOCIETY PUBLISHING: BEST PRACTICE IN

INFORMATION MANAGEMENT FOR LAW FIRMS - WITH ACCOMPANYING CD ROM

In today’s competitive trading environment, the practice of law is a business as well as a profession, especially following the full implementation of the Legal Services Act 2007. This concise and informative new publication from Law Society Publishing tells you how to achieve best practice in information management, which it refers to as central to the effective operation of any legal business.

The toolkit makes an interesting point that will be obvious to some but not to others: in other words that ‘information management’ is not a precise term’ and that no official definition of it exists. But precise or imprecise, the term is not the same as – and not to be confused with --‘information technology’ (IT), which is only a part of any given information system. Once you recognize this distinction – and the overlap between, say, IT systems, information systems and business systems, you’ll be better able to manage your information management procedures and processes.

But if you think you already know all there is to know about such processes as, for example, e–mail, internet access policies and website management, this book tells you more. The relevant template documents are included on the accompanying CD ROM which you can customize to suit the specific requirements of your practice. The book and the CD are purpose designed to update you on continuing developments in information technologies as they impact on and enhance the efficient operation of legal business.

This new second edition of the toolkit explains in detail the latest and most important changes to ‘Information Management (Section 4) of Lexcel Standard v5’. It is suitable, however, for any legal practice, whether Lexcel accredited or not. Besides up-to-date examination of new policies on social media and website management, there are sections on cloud computing and mobile devices.

As mentioned in the Preface, information management is a vast topic -- hence the number of useful references for your further information and research. If you are in any way involved in information management for your law firm -- particularly if it is a larger firm – you need this toolkit. The publication date cited as at 2013.

Whilst the formal The

W

www.derbylaw.net 21

Maybe you’ve gained your qualifying law degree; perhaps you are a Fellow of CILEx, or have undertaken a graduate law conversion course. Whatever the situation, now’s the time to look at the next step in your career, the Legal Practice Course (LPC).

At the University of Sheffield we offer an emphasis on practice and commercial awareness, embedding these within different teaching and learning methods. All our LPC tutors are qualified solicitors, enabling us to ensure that the files you work on and materials used reflect current practice.

Our well-regarded and established course sits within the Centre for Professional Legal Education here at the research-led School of Law, where students benefit from the facilities and resources offered by the University voted number one for student experience - Times Higher Education Student Experience Survey 2014-2015. With 1:1 support on careers and employability offered for up to three years after completion of the course, we support your ambition of becoming a valued member of the legal profession.

We offer flexible study options for LPC students and you can choose from either full-time or part-time study. The full-time

pathway is taught in two stages and lasts one year, starting in September and running until June. You can expect to have on average ten hours per week of formal contact time in workshops. We also expect you to spend time on independent study preparing for workshops and assessments.

If you decided to take the course part-time you will study for both stages 1 and 2 over two years. You will be required to come in for one day a week allowing you the rest of the week to gain valuable work experience to enhance your CV and employability. The part-time course also runs from early September to June.

Our electives are also offered on a standalone basis for those wishing to learn a new area of practice, or to update their knowledge.

In joining us you’re not just a member of our School community; you become a member of our University student community in Sheffield. You can enjoy 24/7 library services, Wi-Fi across campus, practical help and careers advice, and an excellent range of clubs and societies to join as well as opportunities to engage with the local community through volunteering projects and student representation. With outstanding facilities to support your studies, Sheffield is a university like no other.

Shape your future

www.derbylaw.net 23


Costs Lawyers “ready and willing” to become delegated judicial officersCosts Lawyers are ready and willing to become delegated judicial officers (DJOs) and take on responsibility for mainly routine functions currently performed by judges in relation to costs, the Association of Costs Lawyers (ACL) has told the Civil Courts Structure Review.

Responding to the review, being carried out by Lord Justice Briggs, the ACL said the proposal to make much greater use than currently of DJOs was a good one “which our members are keen to support as a way of improving the quality and efficiency of the costs regime”.However, the Association cautioned that there would need to be investment to ensure the robust selection, supervision and review of DJOs.

DJOs would not be judges themselves, and their performance of low-level judicial functions would be under judicial supervision and subject to litigants’ rights of review by a judge.

The ACL said: “We support the broad principle that qualified and regulated legal professionals with expertise in particular areas of the law should be considered for appointment as DJOs to deal with matters within those specialist areas.

“Our members are particularly interested in this proposal, as they see themselves as ideally suited to perform the more routine, simple functions currently performed by costs judges. Our members have different levels of qualification and experience in all aspects of the costs environment. More importantly they have chosen to specialise in costs as their area of expertise, therefore they are passionate about the subject.

“Too often we hear reports of district judges who have no interest in costs, and that lack of interest follows through to the decisions made.

“Furthermore, Costs Lawyers have a breadth of experience across the wide range of areas in which our solicitor clients practice. Subject to training and supervision, there is no reason why suitably qualified Costs Lawyers could not be given general case management powers.”

ACL Chair Sue Nash said: “We are conscious of the fact that to utilise Costs Lawyers in this way may be considered a radical step but would venture to suggest it is no more radical than some of the other reforms being contemplated. It would, in our opinion be a step in the right direction to creating a fairer and more efficient costs environment.

“Indeed, Costs Lawyers’ experience in case management is such that we would be well placed take on a broader role as DJOs dealing with matters beyond costs.”

The ACL said DJOs should have authority to resolve live issues, but that their authority to do so should be subject to training and to supervision and review. Supervision could be by a panel of regional costs judges, it added.

On other issues raised by the review, the ACL broadly supported the introduction of online courts – also recommending the inclusion of conciliation as part of the process – and said any restructuring of the civil courts, including the possible unification of the county court and High Court, should be delayed until the impact of DJOs and the online court could be assessed.

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 25

26 www.derbylaw.net

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?


Should rapists gain parental responsibility?The ITV programme Loose Women faced a backlash last September from a poll entitled “is it ever a woman’s fault if she is raped?” The viewers’ response to the poll was 88% “no” and the help centre Rape Crisis unequivocally responded that rape is the fault of the rapist, no matter what the situation. This poll followed comments made in the Sunday Times by the Pretenders singer Chrissie Hynde, who said that victims have to “take responsibility”.

As a paternity testing company who deals with the issues surrounding Parental Responsibility and on occasion has been required to help victims of this crime, the programme sparked a complex internal debate: The question posed was, “if a child is born as a result of a rape situation, should the biological father be able to claim any parental rights”?

The complications are that; i) the mother may keep the rape conceived child, abort the pregnancy or place for adoption, ii) there may or may not be a conviction for rape (due to genuine innocence or lack of evidence – which does not in itself imply unquestionable innocence) and iii) biological fatherhood may need to be proven by use of a DNA test. In the latter instance women may sometimes choose not to report the event and to have a DNA test to first see if the biological father is in fact their boyfriend or husband.

The moral reaction among our staff was clear, the man should not be allowed to have anything

to do with the baby, the mother or her other family members. However, the man may wish to play a part in the upbringing of the child. It may also be that his family, such as the child’s paternal grandparents may also wish to have a role. It may be that the mother cannot properly care for the child and that despite the crime or alleged crime, the biological father can provide a stable family environment. Does he now have any right to be involved with the child?

In general, the UK courts take the view that each child has the right to know his /her biological father and the manner of the conception is not taken into account. It may well be that a convicted rapist may be able to claim Parental Responsibility for a child if he was/is for example married to the mother, makes a statutory declaration of parentage or gains a court order to that effect. There is nothing in UK law to prevent him doing so. This means that a victim could be in a position where she has to consider and/or accede to the wishes of the man who raped her when raising the child and it is the continual involvement and reminders through contact with this man that may have lasting emotional effects on the mother.

In the US there is much state by state case law regarding this issue and thirty one states have adopted legislation to restrict the parental rights of rapists, which includes a) allowing the mother to place the child for adoption without the consent of the father, b) limitation of visitation

rights, c) limitation of visitation and custody and d) termination of all parental rights. However, in all but 5 states these restrictions are dependent upon a conviction which in itself creates an issue; most rape cases in the US do not result in conviction.

In the case of rape conception, a woman may feel pressured to relieve herself from all reminders of the incident, although some women may suffer the trauma of the abortion longer than the trauma of the rape according to US evidence (Bitar 2010). Fears of social rejection may also influence the mother’s decision and may also have a negative effect on the way people treat the child if they were to know of the circumstances of how the child was conceived. The right to Parental Responsibility is a fundamental right for a biological father but should not be considered absolute. In our opinion, there are wider psychological issues that must also be considered.

Bitar, K. (2010). The Parental Rights of Rapists.

DUKE JOURNAL OF GENDER LAW & POLICY, 19, 275–302.

Ms Kate Donkin (Psychology Intern) and Dr Neil Sullivan, General Manager, dadcheck.

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Alternative Funding

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What is alternative funding?

Alternative funding, or specialist lending, is simply a term used to describe a broad range of loan options available

to businesses and individuals beyond the traditional bank loan route.

Although it’s nothing new, its recent rise in popularity is a direct result of the economic crisis which saw high street banks tighten their belts, often resulting in restricted lending for customers that didn’t fit a rigid criteria. It’s also about offering a short-term complement to the high street, if finance is needed within an extremely tight timescale, but will ultimately be refinanced with a mainstream lender.

Together has been providing finance solutions to customers for more than 40 years and prides itself on taking a common sense approach to lending, rather than making assessments based on credit scores or a prescriptive formula.

Our professional introducers To deliver fast and effective short-term funding solutions to professional service firms and their clients, Together works with a broad network of introducers, including solicitors, accountants and banks.

Together takes an individual approach to each lending decision and offers the professional sector the opportunity to enhance their offering and fee income, and to receive reciprocal business, whilst ensuring that their clients get the highest levels of service.

We have many solicitors acting as introducers for us where their clients are in need of funding, but perhaps have extremely tight timescales or other complications that may make it difficult to source with a mainstream lender.

We take a common sense approach, with all our loans secured on residential, commercial or semi-commercial property, and we’ve seen phenomenal growth over the past 12 months, with a current loan book in excess of £1.5 billion, as at September 2015, and new lending for that quarter at £237m. We’ve also expanded our team and now employ over 400 staff.

Uses of financeTogether can provide bridging finance for a variety of purposes including:• Offering a fast turnaround where time-critical

funds are required • To settle tax or other liabilities• To repair a chain break on a property purchase• To bridge the gap whilst still in the process of

arranging long-term financing• To provide a mortgage on a refurbished value

rather than purchase price value • To fund on a property that is the result of

probate• To finance a property conversion or land

development • To raise funds for stock, assets, or working

capital• To resolve IVA/bankruptcy problems

Find out more about specialist finance solutions at www.togethermoney.com

Mark Finucane has over 20 years’ experience working in the property finance market. As regional development manager, he is committed to developing relationships for Together across Derbyshire and can be contacted directly at: [email protected]

Mark Finucane, Derbyshire’s regional development manager for specialist lender Together, explains the recent boom in alternative funding and what it can offer

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