PUBLISHER Ian Fletcher Benham Media 4th Floor, Orleans House, Edmund St, Liverpool, L3 9NG Tel: 0151 236 4141 Fax: 0151 236 0440 admin@benhampublishing.com email: web: www.benhampublishing.com
CONTENTS
ADVERTISING AND FEATURES EDITOR Anna Woodhams STUDIO MANAGER Fern Badman ACCOUNTS Joanne Casey
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MEDIA NO. 1323 PUBLISHED July 2013 © The Hampshire Incorporated Law Society Benham Media
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LEGAL NOTICE © Benham Media. None of the editorial or photographs may be reproduced without prior written permission from the publishers. Benham Media 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 Benham Media. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press.
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Benham Media cannot be held responsible for any inaccuracies in web or email links supplied to us. DISCLAIMER The Hampshire Incorporated Law Society welcomes all persons eligible for membership regardless of Sex, Race, Religion, Age or Sexual Orientation. All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between member and should not be relied upon as an accurate statement of the law, are of a general nature and do not constitute advice in any particular case or circumstance. Members of the public should not seek to rely on anything published in this magazine in court but seek qualified Legal Advice.
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COVER IMAGE This issue’s cover image is of Southsea Pier.
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COPY DEADLINES Autumn Winter Spring Summer
20th September 2013 13th December 2013 14th March 2014 20th June 2014
Members wishing to submit material please contact the Editor, Alison Plenderleith, before copy deadline. Email: bdo@hampshirelawsociety.co.uk Anyone else wishing to advertise or submit editorial for publication in Hampshire Legal please contact Anna Woodhams before copy deadline. Email: anna@benhampublishing.com Tel: 0151 236 4141
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INTRODUCTION
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SOCIAL EVENTS
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HAPPENINGS IN HAMPSHIRE
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PROFESSIONAL PRACTICE
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NEWS
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FAMILY LAW
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PROPERTY FEATURE
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EMPLOYMENT LAW
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EDUCATION & TRAINING
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NOTICES
Hampshire Lawyer
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Introduction
PRESIDENT’S REPORT SUMMER 2013 and in the provision of legal aid upon which so many have been dependent, there used to be a sense of incremental development rather than wholesale change as now seems to be the case. The ready certainties which many solicitors once had are now severely challenged, and for many what the future will bring is not at all clear. We can; however, be certain that change will come and that to survive with any degree of success will require members of the profession to adapt accordingly. Hampshire Law Society is the representative body of solicitors in Hampshire, and the committee has tried to ensure that wherever possible it has responded in a way that reflects the concerns of its members, particularly in relation to local matters.
Presidents’ & Secretaries’ conference 2013
As usual the summer SAALS AGM on the Isle of Wight was held in June. The Southern Area Association of Law Societies comprises representatives from not only Hampshire Incorporated Law Society but the Berks Bucks and Oxfordshire Law Society, Bournemouth and District Law Society, the Dorset Law Society, the Hertfordshire Law Society, the Isle of Wight Law Society, and the Surrey Law Society. They all meet twice a year to discuss matters of mutual interest to their societies. To give a flavour of the matters discussed this time, there was a report concerning the 2013 local Law Society meeting in Cardiff, as well as the Law Society Presidents’ and Secretaries’ conference. The Legal Education Training Review was talked about, as were matters relating to the SRA and the future of the regulation of legal services. The CQS and WQS accreditation schemes and how they were working in practice were also discussed. The matter currently at the top of most lawyers’ agenda is, of course, the impact of the Criminal Price Competitive Tendering Legislation and what that will mean for members of the profession and their clients. As you might anticipate this matter was discussed at some length. Finally, at the meeting a report is received from a representative of each local law society which helps promote a ready understanding of what neighbouring law societies are doing for their members, and which is very helpful in identifying matters of common interest. Andrew Caplen, the Law Society Vice President, attended the meeting which was much appreciated particularly mindful of the many calls he now has upon his time. Andrew has attended the SAALS meetings for many years, as he is also the Law Society Council member for Hampshire Law Society. Andrew is a keen walker, and after the SAALS meetings organises a walk across the hills from the Needles on the Isle of Wight back to Yarmouth in time to catch a ferry back to Lymington. This year I joined Andrew and other colleagues on his walk, which included a brief visit to the National Trust Battery site at the Needles. Unfortunately, the weather did not favour us and it rained heavily throughout the afternoon. Part way through the afternoon I had the misfortune to slip in the mud resulting in a minor injury to my shoulder. Needless to say, the others suffered no such calamity, although we were all wetter than we would have liked. Over the last week or so I have been forcibly reminded of how easily we take our good health and fortune for granted, and yet how suddenly and unexpectedly life can change for us, and that we are then forced to come to terms with what has happened. I found myself thinking that for many solicitors they must feel much the same about legal practice. Whilst there have always been changes in the law and practice,
To be truly representative it is important that as many Hampshire solicitors and other eligible legal professionals as possible are members of the society and it is pleasing that we now have around 650 members. If you are not a member of the society I would encourage you to join and add to our support. The committee has also looked for other ways to improve what it does for our members including an enhanced website and the new style newsletter of which this is the third edition. Any suggestions for improvement would be welcomed. We also now have two part time paid staff, which has enabled the society to be much more responsive and professional in its work. A recent initiative has been to organise a series of local lunches in various parts of Hampshire, in the hope of involving our members and other professionals who might not otherwise be too keen to travel across the county to our more formal events. I have been pleased that the lunches have been well supported and judging from the eager chatter also much enjoyed. Whilst we cannot prevent life’s uncertainties, we can take action to improve the outcomes. I mentioned earlier the matter of Criminal Price Competitive Tendering, and am pleased that the Committee has been able to act quickly and robustly with a response to the consultation exercise in good time. This issue is being monitored, and we await developments. In April the committee held a quiz night at the Novotel in Southampton in aid of Law Care. The proceeds of the evening amounted to £267.00 pounds which has been passed to Law Care. I would like to express my appreciation to all those who assisted and supported this event. Finally, the Society’s Annual Dinner in May took place at the Marwell Hotel when our members and their guests had an enjoyable evening enhanced by the entertainment provided by the caricaturist and table magician.
Nick Gurney-Champion of Gurney-Champion & Co of Portsmouth and a past President of this Society has been re elected as the Law Society Council member representing residential conveyancers at the Law Society AGM on 11th July. Nick is the first residential conveyancing Council member to have achieved this. All of his predecessors were voted out after their first term. Nick said “I am delighted to have been re-elected and thank all those who voted for me. There is a lot of challenging work to be done in the conveyancing field, particularly with regard to lender panels, the increasing burden of regulation and the continuing tough economic climate which is causing great difficulty to many firms. I am looking forward to trying to improve the lot of the conveyancing solicitor over the next 4 years”.
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Introduction
HAMPSHIRE LAW SOCIETY CONTACTS The following is an up-to date list of Committee Members’ Names and Addresses and the Sub Committees to which they belong:
COMMITTEE MEMBERS AND SUB COMMITTEES
PRESIDENT
LAW SOCIETY COUNCIL MEMBERS
COMPLAINTS
Roderick Hursthouse 10 Hudson Close Liphook GU30 7UW Tel 01252 622122 Fax 0122 774409 Email rodhursthouse@btinternet.com
Mr Andrew Caplen Heppenstalls 75 High Street Lymington SO41 9YY DX 34053 Lymington Tel 01590 689500 Email andrew.caplen@yahoo.co.uk Mr Razi Shah Appleby Shaw Trinity House 15a Trinity Place Windsor SL4 3AS DX 3830 Windsor Tel 01753 860606 Fax 01753 860620 Email rshah@applebyshaw.com Mr Nick Gurney Champion (represents Residential Conveyancing group) Gurney Champion & Co Champion House 104 Victoria Rd North Southsea PO5 1QE DX 117953 Portsmouth Central Tel 023 9282 1100 Fax 023 9282 0447 Email ngc@championlawyers.co.uk
Mrs Amy Chater (Chair) a.chater@duttongregory.co.uk
VICE PRESIDENT Mrs Amy Chater Dutton Gregory LLP 3 Poole Rd Bournemouth BH2 5QJ DX 7635 Bournemouth Tel 01202 315005 Fax 01202 315004 Email a.chater@duttongregory.co.uk
SECRETARY Miss Katharine West West Solicitors Ltd PO Box 421 Southampton SO32 2YH Tel 07780 880779 Email kw@kwestltd.co.uk
TREASURER Mr Tony Bussy Tylers School Lane Bishops Sutton Alresford SO24 0AG Tel 01962 733528 Fax 01962 733528 Email anthony@bussy.plus.com
IMMEDIATE PAST PRESIDENT Mr Robert Sawers McDonald Oates Walltree Court St Peters Rd Petersfield GU32 3HT Tel 01730 268211 Email robertsawers@macdonaldoates.co.uk
ADMINISTRATOR Miss Nicola Jennings 92 Chessel Crescent Bitterne Southampton SO19 4BS4 DX 52766 Bitterne Tel 023 8044 7022 Fax 023 8044 7022 Email administration@hampshirelawsociety.co.uk
BUSINESS DEVELOPMENT OFFICER Mrs Alison Plenderleith 47 Salisbury Rd Fordingbridge SP6 1EH Tel 07429 523183 Email bdo@hampshirelawsociety.co.uk
EDUCATION & TRAINING Mr Anthony Harris (Chair) ajharris@clara.co.uk Mrs Adrienne Edgerley-Harris Ms Katharine West Ms Ginnie Lambert Mr Derek Parsons Mrs Amy Chater Mr Nick Gurney-Champion
LITIGATION & DISPUTES RESOLUTION Mrs Amy Chater (Chair) a.chater@duttongregory.co.uk Ms Ginnie Lambert Miss Katharine West Mr Boris Kremer Mr Ian Robinson
MANAGEMENT & PROFESSIONAL ISSUES Mr Razi Shah (Chair) rshah@applebyshaw.com Mr Roderick Hursthouse Mrs Adrienne Edgerley-Harris
MEMBERSHIP Mr Deglan Rowe (Chair) Deglan.rowe@dbande.co.uk Mr John Griffin (ex officio) Mr Anthony Harris Mr Roderick Hursthouse Mr David Ankcorn Mr James Meeke
MAGAZINE Mrs Katharine West (Chair) kw@kwestltd.co.uk
PARLIAMENTARY & PUBLIC LIAISON Mrs Sue Carter (Chair) lawyers@rosscarter.co.uk Mr Robert Sawers. Mr Derek Parsons Mr Simon Whipple
PROPERTY Mr Anthony Harris (Chair) ajharris@clara.co.uk Mr James Meeke Mr Nick Gurney-Champion Mr Andrew Seddon – Co-opted
SOCIAL
Due to the relocation of our current Vice President, Hampshire Incorporated Law Society is inviting applications for this role to consequently serve as President from December 2013 for a 12 month period. Expressions of interest should be directed to Roderick Hursthouse, President on 01252 622122 or rodhursthouse@btinternet.com.
Chair Mrs Amy Chater a.chater@duttongregory.co.uk Mr Anthony Harris Ms Ginnie Lambert Ms Katharine West Mr James Meeke Mr Robert Sawers
WEBSITE Mr Boris Kremer (Chair) boris@kremers.co.uk Ms Sue Carter
WILLS & PROBATE Mr Robert Sawers (Chair) robertsawers@macdonaldoates.co.uk Mr Mike Russell-Smith Mr Simon Whipple
OTHER COMMITTEE MEMBERS Mr Darren Price
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Introduction
COUNCIL MEMBER’S REPORT JULY 2013 Andrew Caplen Law Society Council Member for Hampshire and the Isle of Wight andrew.caplen@yahoo.co.uk
A quick update from Chancery Lane, written on a sweltering Saturday afternoon - supposedly the hottest day that we have experienced in England for the last 7 years! CRIMINAL LEGAL AID/PRICE COMPETITIVE TENDERING (PCT): As many of you will recall, the Ministry of Justice has recently issued a consultation document proposing further “reforms”
(cuts) to legal aid. The most contentious of these is a suggested PCT model for the provision of criminal legal aid services. If implemented, this model would (i) severely restrict the numbers of providers in any Criminal Justice Area and (ii) limit the client’s choice of solicitor. Further, any bids submitted would have to be at a rate of 17.5% lower than the current payment rates. The Law Society has done a tremendous amount of work in this area. Firstly, inform the profession of the seriousness of the proposed changes. Secondly, encourage responses to the consultation, explaining (if it be the case) why PCT would not work for their firms. It is understood that around 16,000 responses were submitted - an incredible number! The Law Society has been leading the fight against the PCT proposals. The President has met with the Lord Chancellor on a number of occasions regarding these issues. The Lord Chancellor has recently conceded the proposal to restrict client choice. He has also said that he will listen carefully to any proposals other than PCT
- provided that the savings to the legal aid budget that he has promised the Treasury (circa £220 million) are delivered. The Law Society will be continuing to campaign, to liaise with and to inform solicitors. Up-to-date information can be obtained from the Legal Aid section of the Law Society’s website.
WILLS AND INHERITANCE QUALITY SCHEME: The Law Society announced the launch of its new “Wills and Inheritance Quality Scheme” (WIQS) on 5th July 2013. This is designed to provide a quality standard for wills, probate and estate administration services. The intention is to help solicitor firms differentiate themselves from nonsolicitor will-writers and other service providers. Applications for accreditation will be accepted from 21st October 2013. Solicitors can, however, register an interest in the scheme now. Completion of the pre-application registration form will enable people to receive regular updates.
LAW SOCIETY DEPUTY VICE PRESIDENT’S UPDATE JUNE 2013 It has certainly been a busy few months at the Law Society. For me (in my role as Deputy Vice President), this has necessitated an incredible amount of travelling. It is a pity that the railway network does not appear to offer some form of “frequent traveller” reward system. As it is, my railcard has seen good use recently! Perhaps the biggest issue has been the Ministry of Justice’s Consultation document on further changes to the legal aid system. Their proposals for the introduction of price competitive tendering (PCT) in respect of criminal legal aid services have particularly hit the headlines - even being the subject of a skit on Radio 4’s “Now Show”. This subject has caused many of my recent journeys - Leeds, Hull, Southend, Leicester, the Isle of Wight, London (twice) and Southampton. The initial message was to explain the proposals and encourage everyone to submit responses to the consultation - we understand that there were in the region of 13,000 sent to the Ministry, which is an incredible number. More recently the focus has been to detail the considerable amount of work that the Law Society is doing and to assure practitioners of our great concern and full support. It should be noted that the consultation paper does not deal just with PCT. Other “nasties” include an almost complete end to publicly funded prison law, a further payment rate reduction in child care cases and very restricted funding available in the important area of judicial review. Worrying times. Another recent issue has been that of professional indemnity insurance. Members may have seen the announcement regarding Balva, a Latvian based insurance company that is
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understood to have provided cover for approximately 1200 smaller Solicitor practices. The Latvian regulator has decided to withdraw all the operating licences issued to Balva. It is not yet known whether this amounts to an “insolvency event” meaning that policy-holders need to arrange alternative cover - those concerned should keep up-to-date via the Law Society’s website. I quote from a press release issued on 19th June:“Law firms hit with the news that their insurance provider is facing possible insolvency have been urged by the Law Society to break the cycle of opting for unrated insurers and look instead for rated cover this coming renewal period.” I have also had the opportunity to visit a number of Solicitors’ firms (including a few locally). It has been good to meet colleagues in their own work environment. And to be able to discuss informally the issues of the day so far as their practices are concerned. I was also extremely pleased to be invited to speak at Hampshire Law Society’s annual dinner in May - a very special evening for somebody who was born, brought up and has always worked in the county.
Andrew Caplen, Law Society Council Member for Hampshire and the Isle of Wight, Deputy Vice President of the Law Society of England and Wales andrew.caplen@yahoo.co.uk
Happenings in Hampshire
VERISONA ATTRACTS FOOTBALL CLUB INTEREST The historic ruling in the High Court by Mr Justice Peter Smith last month which secured the future of Portsmouth Football Club was not only was a groundbreaking precedent set for Club ownership throughout the sport, but has also created a demand for the team who won the hard-fought and gruelling legal battle. COUNCIL MEETING: The Law Society Council met at Chancery Lane on Thursday, 11th July. It was just a half-day meeting, but a very full half day as there were some important issues to be decided around the Net Funding Requirement/Compensation Fund contributions There were also the normal reports from the Chief Executive and the four representative boards (Management Board, Membership Board, Regulatory Affairs Board and Legal Affairs and Policy Board).
THE LAW SOCIETY’S AGM: This took place in the Law Society’s common room on Thursday, 11th July. It was a very special occasion for me, for obvious reasons! The Law Society’s Office Holders for 2013/2014 are as follows:Nicholas Fluck - President Andrew Caplen - Vice President Jonathan Smithers - Deputy Vice President
The Leaders of Verisona’s Portsmouth Football Club’s Legal Team (clockwise from top left): Mike Dyer, Director & Head of Verisona’s Commercial Division, David Oliver, Insolvency and Business Recovery Consultant, Ian Peach, Director and Member of Pompey Supporter’s Trust, and Christopher Allnutt, Director and Head of Commercial Property.
and on the same page was quite a task before even facing the opposition, but it has been a tremendous team effort.” “The key members of the legal team are all lifelong fans of our local club and, even if we may have underestimated the complexities involved, we always believed it was achievable,” says Mike. “Through our work, we have created a formula for local communities to regain the ownership of their Football Clubs.” Just a few weeks after the Portsmouth FC victory, it was announced that Versiona would be supporting Aldershot Town Football Club after it was placed into administration.
After 16 months of tireless dedication, commitment and hard work, legal firm Verisona celebrated a resounding success after providing the business support, legal representation and financial management needed by the consortium including Pompey Supporters Trust, or PST, who have now taken ownership of Portsmouth Football Club. At the end of 2011, Verisona began the preparatory work so that when Portsmouth FC was officially placed under administration in March 2012, the PST was ready to hit the ground running.
Administrators Mr Carl Jackson and Mr Paul Goddard of Southampton based Quantuma LLP are currently running the club until a successful option for the club’s future can be assured and taking legal advice from Verisona’s Insolvency and Business Recovery expert, David Oliver. Verisona’s Chief Executive, Vincent Denham, is delighted with the recognition the firm has received: “With the expertise and subsequent reputation we have earned a result of our historic win for the consortium which now owns Portsmouth Football Club, we are proud to have been chosen by another organisation in need of guidance and support.”
and Wales at the AGM in July.
“One of the real challenges was to coordinate all the parties involved,” explains Mike Dyer, Director and Head of the Verisona Team. “As well as the PST, we were liaising with the Football League, Premier League, Football Association, Professional Footballers’ Association, lenders to the club, owners of the land, the local council and many other stakeholders. Keeping everyone together
Andrew will become President at the
HOMECOMING FOR LOCAL SOLICITOR
Congratulations to Andrew who has been elected Vice-President of The Law Society of England
AGM in July 2014. Andrew has been the Law Society Council member for Hampshire and the Isle of Wight since 2000 and has a particular interest in access to justice. During this time Andrew has been very active within the Law Society. Andrew was Chair of the Law Society's Access to Justice Committee from 2008 until 2012. He was Chair of the Law Society’s Management Board and Treasurer of the Law Society Group from 2010 until 2012 We wish Andrew well in his year as Vice-President.
“We have dealt with some incredibly complex and challenging scenarios whilst working within the world of football, but it has given us valuable experience and insight which has already attracted a great deal of interest from Football Clubs across the country.”
Sian Davies, a Senior Solicitor in law firm Glanvilles Family Department is soon to return after a year of being away. Sian temporarily left Glanvilles in June 2012 to serve with the British Army in Afghanistan as part of Operation Herrick. Glanvilles CEO Jeremy Weeks said: “As a member of the Territorial Army we always knew it was likely that Sian would be called for active duty in an operational environment. When we got the news we were extremely proud to know that she would be helping our troops.”
years now. Both my military and trade skills were put to the test out in Afghanistan. Day to day I was working as a vehicle mechanic in side Camp Bastion, our main priority being to get the vehicles fixed and back on the road.
It is clear on speaking with Sian that she has fully embraced the experience. “I am so grateful to have been given the opportunity to serve with HM Armed Forces in an operational environment. I have been in the TA many
On occasions I left Camp Bastion as part of a vehicle convoy to other British camps around Helmand Province in Afghanistan. My years of training became vitally important at that time. Now my tour is just a distant memory, but memories I will keep and cherish forever. I am soon to return to Glanvilles on a full time basis. I am looking forward to getting back to doing my job.”
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News
4 REASONS WHY INBOUND MARKETING BEATS COLD CALLING EVERY TIME The post-Jackson world is a strange place for small practices, especially those who’ve traditionally relied on CMCs to provide them with leads. With the noose tightening around easy routes to market, what can we do to combat the almost inevitable decline in business? Online marketing is something, as an industry, we’ve shied away from. The barriers to entry and learning curve can be steep. But what if I told you that the real trick to Internet marketing isn’t knowing your HTML from your JavaScript - it’s just about knowing how to have a meaningful conversation?
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Inbound Marketing Covers Thousands of Channels By using a CMC, you’re limiting yourself to a single sales/marketing channel with a high cost. By making the switch, the blog that you write for your site can be shared on Twitter, be broken down into an infographic to share on Pinterest, be turned into a presentation to throw up on Slideshare, a webinar, a workshop… the possibilities only limited by the channels available. It also means if one should become closed, you have many others still available.
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Inbound Marketing Snowballs Over Time Rather than print advertising, which is ephemeral, inbound marketing sticks around. As you create more content, you’re creating a database of knowledge that potential clients can draw upon months or years in the future. This is the power of inbound - the long tail. The content you create keeps working for you.
CONTENT IS KING It’s not a secret - people are more likely to buy from people they trust, and in today’s market we need to view ourselves as salesmen and ambassadors for our products. The best salesmen are evangelists for their products, and who’s a better evangelist for your business than you? Here’s our top reasons why your business should be looking at inbound marketing as the next step in your lead sourcing. 1 Inbound Marketing Builds Trust To an extent, inbound marketing is a “long game”, meaning you’re investing time now in order to get a return in the future. The advantage is that you’ve already provided your potential customer with something of value. By giving them something they can use for free you’re more likely to attract their paid business in the future, and you’ve established yourself as a trustworthy and authoritative voice. 2
Inbound Marketing Costs Nothing But Time Though time’s at a premium in all of our lives, 20 minutes a day spent on the core inbound activities - blogging, social media interaction and sharing - could help bring down your average cost-per-lead by 62%, with no capital investment.
Even armed with all of this new knowledge, venturing into the world of content and inbound marketing can be daunting. For help and advice on creating content, or developing your inbound marketing strategy, contact Oriel Responsive today. As the team behind Lawyerly.co.uk, Oriel Responsive has industryleading experience in creating innovative products for the legal services industry. Call us today on 0151 242 6755 or email info@orielresponsive.co.uk for more information.
PENNINGTONS ESTABLISHES PENSIONS TEAM WITH TWO SENIOR LATERAL HIRES Penningtons Solicitors LLP has recruited partner Maria Riccio and associate Rupert Graham-Evans to lead its newly established pensions law team. Working between the firm’s Hampshire and London offices, they will also support Penningtons’ regional offices across Cambridge and the South East, advising clients in the UK and internationally. Maria and Rupert join from Bond Pearce in Southampton where they headed the pensions capability. Both lawyers have experience in all types of UK based pension and life assurance arrangements, including defined benefit, defined contribution and hybrid occupational pension schemes in the private sector and statutory schemes in the public sector. Serving a broad client base, they represent employers, charities, pension trustees and intermediaries. Although their practice primarily has a non-contentious focus, Maria and Rupert are also experienced in contentious pensions work and have been involved in several significant High Court cases. They are members of the Association of Pension Lawyers (APL). Maria has been listed in band 1 for pensions law advice by the latest edition of Chambers Guide to the UK Legal Profession which describes her as ‘knowledgeable, friendly, efficient and reliable’ and praises her thorough approach. Chambers 2013 also highlights Rupert’s ability ‘to deliver projects promptly and professionally’, listing him as ‘an associate to watch’. With over eight years’ experience, he benefited earlier in his career from a year’s secondment with the Pension Protection Fund. Franco Bosi, head of Penningtons’ Business Services Division, expects the new pensions team to establish a strong profile in its own right while also providing a valuable resource to existing
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Penningtons practice area and sector teams. He said: “I’m delighted that Maria and Rupert have joined us. They have established an impressive track record in their field and will be an invaluable addition to our business services offering, extending the range of expertise provided by our employment, corporate and private client groups as well as introducing a new specialism to our social housing and education sector practices.”
Happenings in Hampshire
A NEW PARTNER AT WARNER GOODMAN LLP Hampshire based law firm Warner Goodman LLP are delighted to announce that Private Client Lawyer, Jane Cox, has become a Partner in the firm as of 1st April 2013. Ian Curtis, Managing Partner of Warner Goodman LLP, said of the appointment, “This is a well deserved step for Jane; she has shown great commitment to the firm and has earned respect from her colleagues and clients alike for her wonderful customer service, expertise and enthusiasm to ensure the firm goes from strength to strength in the competitive market we are now working.” Jane began at the firm in 2004 as an Assistant Solicitor before being promoted to Associate status in 2007. On her appointment, Jane says, “To be a Partner of Warner Goodman LLP gives me great pride as the firm has got an excellent reputation in the Hampshire area and it’s great to be part of the team that steers that forward in the future.”
MOORE BLATCH STRENGTHENS FAMILY TEAM WITH KEY APPOINTMENT
Leading law firm Moore Blatch has boosted its family law practice with the appointment of leading lawyer Jan Galloway. The appointment comes at a time of expansion for the Hampshire firm and managing partner David Thompson said the appointment of Jan was a key element of this strategy.
CONGRATULATIONS TO JOHN GURNEY–CHAMPION WHO CELEBRATED HIS 90TH BIRTHDAY IN MAY John is still in full time practice, being the senior partner of Gurney-Champion & Co of Portsmouth and Newport, Isle of Wight. John was articled to his father, was awarded the HILS Ford Prize and qualified as a solicitor in May 1949. At the end of the second world war, John was involved in the Japanese War Crimes Trials. He was the British Advisory Officer to the Japanese defence in Rangoon, Burma. Those convicted could petition the Army Council to review the decision and John assisted in the preparation of these petitions, a number of which were successful, as a result of which John was given the job of prosecuting officer on a travelling War Crimes Court in Malaya with the rank of Major. This was a very interesting experience. Johns biggest trial took 6 weeks with 12 accused and resulted in them all being convicted with 5 sentenced to death by hanging and the rest given terms of imprisonment. John was then aged 23 with only 3 years as an articled clerk behind him! John has two sons who are also solicitors.
TOP LONDON INSOLVENCY LAWYER JOINS VERISONA As a result of its increasing profile and workload, the Insolvency and Business Recovery department at Portsmouth legal practice, Verisona, is welcoming a new face that will certainly be familiar to one of its senior figures.
“Family law is an important part of our business throughout the south and an area of substantial growth for the future,” said David.
Nick Oliver began his career in insolvency and litigation in 1994 with boutique law firm, Moon Beever in central London. In 2002, he moved to Blake Lapthorn and it was at this stage in his career he first worked alongside his father, who was also a Partner there at the time, and latterly progressed to head up the firm’s Insolvency and Corporate Recovery department. He subsequently moved to take responsibility for the insolvency team at Howes Percival, a London and Midlands based firm with a national profile for insolvency work, from where he will move to join Verisona in August.
“We have built up an impressive reputation in this area of law and we are delighted to have attracted someone with the experience and enthusiasm of Jan to be part of our ambitious plans for the future.”
Nick has become particularly known for dealing with asset and debt recovery matters, insolvency disputes and fraud related work. He has been ranked by Chambers and Partners ‘Client’s guide to the UK legal profession’ as a specialist in his field for a number of years. Chambers guide for 2013 referred to him as being “extremely dynamic, technically superb but also highly motivated.”
Based at the firm’s Richmond office, Jan is an experienced family lawyer and joins from London firm Russells. She is a member of the Law Society Family Law Panel and has trained as a collaborative lawyer, helping couples through a divorce without using the courts.
“I am delighted to be joining Verisona at such an exciting time for them,” says Nick. “They have some great people and are pushing to become the ‘go to’ solicitors firm for businesses in the Portsmouth area and central South Coast. They also have a number of specialisms where, due to their experience and expertise, they are advising established national businesses. I wanted to be part of that project”.
“I’m delighted to be joining Moore Blatch which has an enviable reputation in family law,” said Jan who has worked on a wide range of cases from prenups through to child-related cases and civil partnership disputes. Away from work Jan enjoys charity fun runs, she is a trustee for a UK charity which helps children in Tanzania and is a member of Oxfam’s Circle project which supports vulnerable women.
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Vincent Denham, Chief Executive at Verisona says “Nick’s arrival at Verisona is fantastic news. To have somebody of his calibre working alongside our commercial and insolvency teams is a truly exciting prospect. This appointment reinforces our position as a genuine business services firm”. When Nick joins Verisona in August he will not only be working alongside his father, insolvency and business recovery consultant David Oliver, once again, but also reuniting with the firm’s respected debt recovery specialist Jackie Jordan, with whom he also worked at Blake Lapthorn. “Although I have worked in London for nearly 20 years, I have strong connections with Portsmouth having grown up there and more recently relocated there with my wife and two boys. I look forward to returning to my roots. It’s an added bonus to be working with my father again.”
Happenings in Hampshire
AURELIA HITS THE HIGH NOTES AT VERISONA Hampshire legal firm, Verisona, is welcoming a Music Industry specialist to strengthen and develop the services offered by its Entertainment Division. Aurelia Butler could be referred to as the ‘black sheep’ of her family. The daughter of a sculptor and writer, and sister of an actress, she went to study at The College of Law in London after graduating with a First in her English Literature degree. She then completed the LPC at the College of Law in Birmingham. “My interest in law evolved from talking to family friends, so I sought out work experience placements in artistic areas I was familiar with and was fortunate enough to gain experience in music labels such as ‘Heavenly Records’, which I absolutely loved,” she explains. After her studies, Aurelia got her grounding in the legal profession working as a Paralegal in Criminal Law. After a few months, a QC who she was assisting recommended her to a firm in Birmingham for a training contract and, after securing her place, she worked in areas of Family Law, Crime, Civil Litigation and Fraud.
SCOTT BAILEY EXPANDS DISPUTE RESOLUTION DEPARTMENT Scott Bailey Solicitors in Lymington are pleased to announce that Sarah Barker-Benfield has joined the firm’s successful Dispute Resolution Department, providing litigation services to both businesses and individuals.
In, October 2011, Aurelia decided that she had had enough experience for her to take the plunge and pursue her ambition of working in the Music Industry. Aurelia got her big break when she was offered a placement at Universal Music Group’s ‘Mercury Records’. Working within Legal and Business Affairs, she assisted on contracts for the label’s numerous acts, which include U2, The Killers and Rihanna. She was then asked to join ‘Decca Records’ to work with its wide range of music artists including Alfie Boe and Andrea Boccelli. In 2012, she moved to the South Coast to experience working for a private practice in Brighton before moving to Verisona. ‘Verisona is the perfect fit for me,’ she says. ‘It has the professionalism, ambition and modern approach of a London firm, without being situated in the City, so we can offer a much better value service. More and more music artists and entertainment executives live outside London and want to see their lawyers either at or nearer home.’ When not building up Verisona’ s list of Media, Sport and Entertainment clients, Aurelia enjoys the contrast of calming pursuits including golf, yoga and reading.
HAMPSHIRE LAW FIRM GETS PRESTIGIOUS RECOGNITION FOR SECOND YEAR RUNNING Hampshire Law firm Swain & Co. Solicitors of Havant and Southampton, have once again made a shortlist of three for the prestigious award of Legal Aid Firm of the Year, becoming one of three finalists to be recognised for their excellence in legal aid work. Graeme Swain, Swain & Co.’s managing partner, says, “We are very excited to yet again be considered to be one of the best, if not the very best, firm in the country for legal aid work. The awards ceremony hosted by the Legal Aid Practitioners Group (LAPG) celebrates the work that legal aid lawyers, barristers and law firms across the country carry out on a daily basis.”
Sarah’s pragmatic and straight talking advice covers areas such as contractual disputes, property issues, building problems, inheritance and will disputes, as well as debt recovery and professional negligence problems. Head of Department, Nick Jutton says: “We are delighted to welcome Sarah to the team, adding breadth and depth to our already successful department. Sarah’s professionalism experience and enthusiasm is well placed.”
“Against the battering of legal aid changes, cut backs, threats and uncertainty, it will be a good opportunity to celebrate what we and other legal aid lawyers achieve.” The firm had overwhelming support from clients and legal professionals for their nomination, which was backed by a top barrister, Vijay Jagadesham from Garden Court North Chambers. Vijay said of the firm, “Further, in what are undoubtedly difficult times for all legal aid lawyers, it is clear to me that Swain and Co remain just as committed to providing effective and quality representation …” 2012/13 has been a great period for Swain & Co. as it has now been a finalist for Legal Aid Firm of the Year for two years and is listed in the prestigious London Legal 500 2012 for its “impressively competent and efficient” advice.
HAYLEY EACHUS WAS APPOINTED TO THE BOARD OF DIRECTORS Hayley Eachus was appointed to the Board of Directors of Phillips Solicitors in April this year. Hayley specialises in all aspects of family law. Including dealing with conveyancing transactions resulting from financial settlements within divorce or relationship breakdown. In addition to her legal career, Hayley is passionate about community affairs and was elected as a borough councillor in 2010. She is currently Cabinet member for community services and sits on the Basing View executive committee and joint Manydown committee.
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Happenings in Hampshire
MOORE BLATCH TEAM SWAPS SUITS FOR LYRCA FOR BRITISH HEART FOUNDATION CHALLENGE
PHILLIPS SOLICITORS REACH NEW HEIGHTS
The challenge of an 84 mile cycle ride from London to Southampton is on the agenda for a team of fundraisers from Moore Blatch. Six cyclists from the regional law firm are set to raise money for the British Heart Foundation in the annual cycle ride which takes place at the end of August. Already training is well underway with team leader Howard Bailey even taking his bike on holiday to maintain his gruelling schedule. “There are a number of keen cyclists in the firm and although we are of varying standards we are all united in our ambition to raise as much as possible for the charity,” said Howard. “The ride is in its third year and popular with a wide range of cyclists all dedicated to raising money for the British Heart Foundation.” The ride takes in a range of terrain from London streets through to the Hampshire countryside. “We know there are a number of tough climbs and fast descents so we need to train hard for the ride,” added Howard. In addition to the training, the fundraising efforts are now also well underway and anyone looking to support the team can donate on the justgiving page http://www.justgiving.com/ teams/MooreBlatch and you can keep up with the team’s training progress on Twitter @mooreblatch.
PROMOTION AT GLAVILLES Law firm GLANVILLES is pleased to announce that Mark Watson has been made an Associate. Mark, a qualified lawyer, is head of the firms Property Services team in Fareham and has vast experience of the local property market and clients property requirements having been in the profession for many years. He said “This is an exciting time for the firm and I am looking forward to being able to expand the department and help the public with buying and selling, and allied property requirements.”
Three intrepid solicitors from Phillips have abseiled down the 170 metre tall Spinnaker Tower in Portsmouth to raise funds for the Rainbow Centre. The centre, which is based in Fareham, supports children with Cerebral Palsy and adults with a stroke, MS and Parkinson’s disease. Jonathan Pender, Hayley Eachus and Karen Bristow from Phillips, joined 36 other brave participants on one of the few clear, bright Sundays in May. The team of three from Phillips were the first to abseil down the Spinnaker Tower and raised cheers from the huge crowd of supporters looking up in awe as one by one the brave participants took a step over the edge of the platform and into the fresh air to make their descent - some 100 metres above the onlookers on the quayside beneath them. Hayley Eachus, who specialises in Family Law at Phillips, said, “It was a truly amazing and breath-taking experience. Our team was the first to ‘go over the ledge’ and Jonathan (Pender) made it look very easy but believe me, when you’re poised looking out hundreds of feet above solid ground the words ‘leap of faith’ take on a whole new meaning! As a team, we were delighted to participate and help raise funds for this inspiring local charity.” Phillips’ team raised over £600 in sponsorship for the Rainbow Centre, which collected over £10,000 for this event.
MERGER OF CHURCHERS AND BOLITHO WAY SOLICITORS.
The new firm will be known as Churchers Bolitho Way. The merger combines two firms which have been practising in the Portsmouth area for over 130 years and, with similar attitudes and outlooks, the partners believe that this merger will provide a full range of services for clients in a wider geographical area.
As we all know the ever present threat of the Legal Services Act and now the reforms proposed by the Minister for Justice are making it increasingly difficult for the high street firm. Mergers such as this one will allow high street firms not only survive but also to thrive. As Mark Stobbs, director of legal policy at the Law Society, suggested the best way for firms to overcome the ever present changes are to join forces and merge, a step which Churchers and Bolitho Way were happy to be able to take.
PLANE SAILING FOR FUNDRAISING KIRSTY On Saturday 25th May, Kirsty Lewis faced her fears and fulfilled a lifetime ambition to complete a skydive. This wasn’t purely for her own goals, but also to raise money for a charity which has helped her throughout recent years, Crohn’s & Colitis UK. Kirsty, conveyancing executive for Hampshire based law firm Warner Goodman LLP, was diagnosed with Crohn’s three years ago, and has found the help from Crohn’s and Colitis UK (NACC) invaluable. The target that Kirsty set for herself was to raise £500, and she is delighted to have surpassed that and raised £740. Kirsty continues, “NACC offer various different options to give back through fundraising, and I’m absolutely thrilled that I’ve been able to contribute towards a charity that has helped me so much. The whole experience was so exciting and I will never forget it, nor will I forget the generosity from
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those who donated so thank you.” Crohn’s and Colitis UK offers support such as working with hospitals to supply information to sufferers when they are first diagnosed, their website offers 24/7 support through their online forums, which also allow sufferers to communicate with each other to ask advice and help from others with the same illness. The opportunity to support Kirsty is still open through her Just Giving page. You can visit her page at http://www.justgiving.com/ KirstyConstance, or alternatively text NACC55 £(amount) to 70070.
Happenings in Hampshire
LOCAL LAW FIRM RAISES RECORD-BREAKING AMOUNT FOR RADCAN
PENNINGTONS ADVISES ON ACQUISITION OF EUROPEAN VOICE BY SELECTCOM FINANCE
Local Firm, QualitySolicitors Clarke & Son has recently raised £1,250 for RadCan, a charity that has been specifically set up to raise funds to provide a radiotherapy facility at the Basingstoke & North Hants Foundation Trust Hospital.
Penningtons Solicitors LLP’s Hampshire based corporate, commercial and intellectual property teams have advised on the acquisition of the business and assets of European Voice by Selectcom, a Paris-based information and media group and owner of Development Institute International (Dii).
the money, presented the cheque to Viv Street, Chair of the RadCan Charity, who was delighted with the donation:
The firm undertook various fundraising events for the charity including a weekly lotto bonus ball, staff lunches, various cake sales, Euro 2012 draw, raffles, ice lolly sales, a Grand National sweep stake, a skittle evening and a valentine’s breakfast takeaway. Julie McKinney, Managing Partner at the Firm and members of the social committee who worked tirelessly to raise
“The charity has recently started collaborating with The Medical Fund at Basingstoke & North Hants Foundation Trust Hospital which means we only need to raise £100,000 to achieve our target. This donation from QualitySolicitors Clarke & Son means that we have gone a long way to achieving this goal. Work has already started on building the radiotherapy facility, which will eventually make life much easier for cancer-sufferers in Basingstoke and their carers as they will not have to travel further afield for treatment.” For this financial year, QualitySolicitors Clarke & Son will be hoping to match or exceed their fundraising for Sebastian’s Action Trust, which is a purpose-built facility in North Waltham that offers respite holidays to very sick children and their families, enabling precious time to be spent together.
QUALITY SOLICITORS CLARKE & SON OPERATES ALTERNATIVE BUSINESS STRUCTURE QualitySolicitors Clarke & Son has announced another exciting new development in its long history. From 1st April 2013, the Firm has been licensed to operate as an Alternative Business Structure (ABS). Julie McKinney, Managing Partner (left) and new equity Partners Steve Nichols and Nia Wharry
With this new structure, Julie McKinney formerly the Finance and Administration Manager and a valued member of the management team, became an equity Managing Partner. Two further current Partners, Steve Nichols and Nia Wharry have also both become equity Partners. The ABS which was brought in under the 2007 Legal Services Act allows non-lawyers to own or invest in law firms subject to regulatory approval granted by the Solicitors Regulatory Authority. Senior Partner, Peter Turner is delighted with the new developments at the Firm. “The advancement of Julie, Steve and Nia is not only exciting; it undoubtedly strengthens the firm from both an internal management perspective and also strengthens our service to the general public and potential clients. We are particularly pleased that Julie has agreed to come on board with her financial administration background.”
European Voice is the weekly news magazine of the European Union that was founded in 1995 by The Economist Group. Penningtons acted together with Belgian law firm Koan Legal Strategies in advising Selectcom Finance, the guarantor under the sale agreement. The deal involved The Economist Group Newspaper Limited selling the business and assets of the publication to European Voice, which becomes a stand-alone Belgian company. Corporate partner Charles Brooks and commercial and intellectual property partner Joanne Vengadesan, who are both based at Penningtons’ Basingstoke office, led the team advising on the English law aspects of the transaction. This deal highlights Penningtons’ strong track record in the media sector where the firm advises a broad spectrum of clients in publishing and new media.
MEDIATORS & ARBITRATORS PAVE THE WAY Resolve UK are pleased to welcome Keith Blizzard and Andrew Maguire to their mediation and arbitration panels. Keith Blizzard is a Chartered Quantity Surveyor, Chartered Builder, Chartered Arbitrator and Mediator. Keith is nationally recognised with particular expertise in building, construction, insurance and professional negligence. He is a Visiting Lecturer in Construction Law at Sheffield University, De Montfort University, Birmingham City University and Helsinki University of Technology. Keith is the CIArb Course Director for the Adjudication Pathway. He is also a CIArb and RICS approved Tutor, Assessor and Examiner. Andrew Maguire is a former Inner Temple Pegasus Scholar with over 23 years’ experience at the Bar and is an accomplished Chancery and Commercial advocate. Andrew has built up a considerable reputation dealing with banking and financial services claims as well as heavyweight construction disputes. Keith and Andrew extend the building, construction, insurance and professional negligence capability of both the mediation and arbitration panels.
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Property Feature
ORCHESTRATING
YOUR DUE-DILIGENCE BY: MARSHALL KING, CHIEF EXECUTIVE, SEARCHFLOW
If a conductor falters, the performance will suffer. A beat out of time, an allegro misplaced or a forte too soon and even the Royal Philharmonic can sound like the worst school orchestra. Without an effective conductor there is no unity and harmony. Even a modest amount of rainfall can lead to flooding away from rivers, but many property owners don’t realise the extent of the danger they face. Urban flooding from sudden deluges is also a significant source of claims for residential and commercial property. Drains unable to deal with a sudden inundation can back up and cause dramatic town centre floods such as those experienced by Basingstoke and Alton in 2007. We live on an ever more crowded island, as more population demands more housing and infrastructure to maintain it. We all know Hampshire is a wonderful part of the world and its attraction appeals to many wishing to relocate to the shires but still be within touching distance of London. Winchester is an employment magnet and ranks high on quality of life indicators. This is placing huge housing demand in the local area and the City Council has recently approved the massive Barton Farm development in response.
The best conveyancers and property lawyers need to be much like the best conductors. Understanding the risks associated with property transactions in their region and advising buyers on the potential for these risks enables them to provide effective and efficient duediligence. Both conductors and conveyancers also need to have impeccable timing. If it isn’t, conductors face the embarrassment of a disjointed piece, while conveyancers face the jarring consequences of buyers missing key information and the potential fallout of negligence claims. Getting to grips with the risks in your region is essential. For example, one in four properties in the UK is at risk of flooding, but the prevailing myth is that the biggest risk of flooding comes from rivers breaking their banks. True, in Hampshire, regular flooding occurs from the Test, Itchen and Meon rivers that have defined water meadows and narrow valleys through the Downs. However, surface water flooding only accounts for around half of all flood risks. As the last few years have shown, a freak deluge can happen anywhere. And with the ground remaining saturated from cumulative rainfall, groundwater flooding is a growing issue.
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With a mix of 2000 new homes, offices, retail, a new school and other community facilities, Barton Farm is set to transform the character of Winchester substantially. While new housing is needed, it has clearly met huge opposition, not least from residents who currently enjoy the view of the 300 acres of farmland from their windows. This is a common risk now for many homebuyers who need to understand the scale of new build development that could affect the semi-rural idyll they so desired. The situation could be graver for rural homeowners too. Parts of Hampshire, West Sussex and Dorset are now earmarked for shale gas exploration, as the government presses on with incentives for drilling companies to explore sites for their potential. Licences have been issued to Island Gas that could lead to exploration and drilling around to the north and east of Winchester, as well as north of Portsmouth, near Cowplain. A planning application is now in for a site near Liphook and active exploration now commencing in Balcombe, near Crawley. The action of extracting shale gas from beneath the ground, known as Hydraulic Fracturing or “fracking” is what is causing the most anguish. Concerns over earth tremors and contaminated groundwater from damaged drilling wells has set communities into action and could have a major impact on property values in many traditional “honeypot” towns and villages in the leafy South. While there is sure to be planning opposition and schemes may take years to get underway, it creates uncertainty and an increased likelihood of local property sales falling through. Each of these examples illustrates how conveyancers need to be alive to how the local picture is changing before their eyes. Whether environmental or man-made, our landscape is continually changing and a trouble free location for your client’s property is at a real premium these days, it seems. There are now more tailored searches available for conveyancers to make specific enquiries relevant to the area. These include energy reports that highlight the potential impact of fracking and wind farms; more detailed flood and subsidence reports and interpreted planning reports that identify the risk of new development and how many houses could be built on a plot. This understanding will allow conveyancers to orchestrate their due-diligence much more effectively and help them provide a service so unified and smooth that even the best conductors in charge of the most complex symphonies would be proud.
Education & Training
HAMPSHIRE LAW SOCIETY’S
CPD PROGRAMME COSTS 1.5 hour lecture
SAVE MONEY WITH A SHORT SEASON TICKET
For more information on the speakers and the programme please visit the training pages on the website and download the CPD brochure. Suggestions for topics and speakers are also welcome http://www.hampshirelawsociety.co.uk/ lectures.asp
£75.00 (non member £110.00)
5 x 3 hour lectures £320.00 (Save £55.00) The short season ticket is interchangeable within firms (non members £495).
10-SEP
PAUL CLARK
CONVEYANCING
24-SEP
MIKE GRIFFITHS
COMPANY LAW UPDATE
01-OCT
KEITH BIGGS
AVOIDING PROBLEMS WITH THE PROBATE REGISTRY
22-OCT
ANDREW MCLOUGHLIN
COSTS
£40.00 (non member £55.00) 3 hour lecture
EVENING SEMINARS – COMING UP SOON PSYCHOLOGICAL PROFILING JAMES HAMPTON, THE COLOUR WORKS Our performance is rooted in our behaviour so improving the former means changing the latter. And you can’t change the latter without first understanding it. That’s why all of our learning programmes start by raising levels of self-awareness using the Insights Discovery colour model of behaviour and profiling tool.(sample profile available) Derived from the psychology of Carl Jung and recognised by the British Psychological Society, this model is accessible, insightful, memorable and applicable. Our own individual effectiveness is also intrinsically bound up in our relationships with others – whether as leader, manager, team member, seller or recruiter. And it is human nature for our behavioural differences to impact on our relationships. Crucially, whilst behavioural differences may cause difficulty, they can also bring tremendous strength, the whole being greater than the sum of its parts.
EFFECTIVE EMAIL TO REDUCE STRESS LawCare will be giving a CPD accredited presentation about using email effectively to reduce workplace stress. The seminar will cover subjects including: • The indicators of stress in the profession • How to recognise the signs of stress in yourself and others • Some ideas for stress management • The advantages and disadvantages of using email • Common email mistakes – and some disasters! • Recognising and combating spam The Golden rules of Email
Understanding these dynamics is critical to building effective, collaborative relationships, the foundation of improved performance.
• What to ask yourself before sending, replying to and forwarding an email • Using email with clients
Attend this light-hearted session to find out what colour you are, the traits you display and how you and others see yourself.
• How to use email effectively to protect yourself and others from stress
To register your interest and to receive further information please contact Nicola Jennings on administration@hampshirelawsociety.co.uk
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Social Events
NETWORKING LUNCHES Hampshire Law Society continue to host a series of lunches around the county. These provide an opportunity to meet a local representative of the Society and for local members to network in a relaxed and informal environment. A two course meal with a welcome drink and coffee. In addition you will receive 30 minutes of essential CPD from our sponsors Wesleyan for Lawyers on “Current issues facing law firms”.
PORTSMOUTH LUNCH A successful Portsmouth area lunch was held at the Marriott Hotel in June. 10 local solicitors attended, some of whom had not met up before, even though having conducted business together for many years. There was a useful 30 minute talk from Wesleyan for Lawyers, which was followed by an excellent lunch. There was further interesting debate during lunch. All found the meeting useful and we plan to hold a similar meeting in six months time, when hopefully a greater number of local solicitors will be able to attend.
SOUTHAMPTON LUNCH A dozen members from the Southampton area enjoyed both spectacular views and a delicious lunch at Southampton Golf Club. The lunch, one of a series aimed at providing an informal environment for members to network was sponsored by Wesleyan for lawyers who provided a whistle-stop presentation on Financial issues for law firms which covered PI cover, succession planning and the new pension rules. Lively conversation followed over a delicious lunch.
SUMMER FAMILY DAY OUT AT MARWELL ZOO
Provisional date Sunday 15th September between 1000 - 1700
Hampshire Law Society is planning a picnic at Marwell Zoo, A visit to Marwell, situated just outside Winchester, is a chance to get close to the wonders of the natural world – and play a big part in helping to save them. From ringtailed coatis to majestic giraffes, endangered tigers to frilled lizards, curious meerkats to pygmy hippos – the 140-acre park is home to over 170 exotic and endangered species, in beautiful, landscaped surroundings. Spend the day exploring the wildlife and then enjoy your picnic in our exclusive marquee situation in the secret garden. An afternoon tea will be served from 1500 before your trip home. The ticket price (provisionally £10 adult/£5 children) will include full entry to the park (normal admission price £18/adult and £14/child), the use of the marquee and your afternoon tea. More details to follow.
3RD OCTOBER ’13
BASINGSTOKE 18 September, 1200 - 1430 Red Lion Basingstoke, RG21 7LX £15.00 to include 2 course meal with coffee plus 30 minutes of CPD.
FARNBOROUGH 2 October, 1200 – 1430 The Pantry, Southwood Golf Club Ively Road, Cove, Farnborough GU14 0LJ £15.00 to include 2 course meal with coffee plus 30 minutes of CPD. Additional lunches will be held in Winchester – if you would like to host a lunch in your area please do let us know.
WINE TASTING
Hampshire Law Society is hosting a Wine Tasting Evening for local professionals in October. It is intended to be a fun and informative evening. No previous wine tasting experience required. Our expert will guide you through the nuances of a selection of wine for Christmas. The tasting will include approximately 7 wines – a mixture of white and red and a blind tasting.
HOT TOPICS IN COMPULSORY REGULATION & COMPLIANCE FOR ALL FIRMS
WORRIED ABOUT ‘COMPLIANCE’? WANT TO ENSURE YOUR ‘HOUSE IS IN ORDER’? HAVE THE PROCEDURES & POLICIES DEMANDED BY THE SRA? Let us put your mind at rest in a packed day (all CPD accredited) of all the essentials you and your firm need for compliance and self-protection. Peace of mind is yours if you attend on 3rd October ‘13. Feedback from previous Conferences with Tania Tribius (former London Partner & Director) of Tower Legal: “Utterly brilliant – Tania brings the subject to life extremely well” “Tania was brilliant – the best training I’ve been to – and I’ve been qualified 27 years!” Join the other leaders of your profession in Hampshire for a valuable day of inspirational learning and discussion. Topics may include: 1 Latest requirements from the SRA 2 AML: your compulsory AML Training Update 3 LeO: Handling complaints; avoiding the pitfalls 4 Key Risk Management 5 Key Policies for Law Firms
This is an ideal opportunity to learn the basics or to add to your wine knowledge. Everyone will pick up new tips and tricks and grasp some solid wine tasting techniques.
Excellent value as it includes your compulsory Regulatory AML Update! Book today at administration@hampshirelawsociety.co.uk
The evening will also include a cheese board – a selection of cheeses, grapes, chutney, biscuits and homemade walnut bread.
Venue:
Full details will follow in due course on date and venue.
The Concorde Club, Stoneham Ln, Eastleigh, Hampshire SO50 9HQ Cost: £99 for members or £120 for non members Time: 0915 – 1630 Speaker: Tania Tribius
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Professional Practice
7TH NATIONAL CMC CONFERENCE The 7th National Civil Mediation Council Conference took place in the hallowed halls of Senate House at the University College of London on 2nd May 2013.
The afternoon address was delivered by Peter Adler, President of the Keystone Center in the USA. Peter who has been at the forefront of executive and judicial policy initiatives reminded us of a speech given by Judge Noah Sweat in 1952 when asked for his thoughts on whiskey in an era of continuing prohibition in Mississippi. Here then are the reflective words of Judge Noah Sweat from the floor of the Mississippi State Legislature:
The keynote address was delivered by Mpho Tutu the daughter of Nobel Prize winning Archbishop Desmond Tutu. Mpho a director of the Tutu Legacy Foundation very much stands on her own feet as a woman of impressive stature, dignity and inspiration. We were transported by Mpho to the banks of the Mississippi and to a statue of an American Civil War soldier gazing towards Richmond on a bend in the river. For some this is a perpetual reminder and memorial to the war dead. For others it marks the point where slaves were literally ‘sold down the river’ to the harsh plantations of the South and from where the forlorn expression derives. We were also transported not to Robben Island but the Truth and Reconciliation Commission established in South Africa after the abolition of apartheid. Its halls have been witness to great suffering but are also beacons of hope for the future. Bill Marsh, who has acted as Peace Envoy for the Archbishop of Canterbury, then took to the stage. Bill assumed the role of a modern day Michael Parkinson with great aplomb interviewing the great and the good and all susceptible to his silver tongue and incisive whit including Sir Alan Ward who recently retired as a Lord Justice in the Court of Appeal. Sir Alan of course gave a very warm endorsement to the principles and practice of mediation in helping to resolve disputes.
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‘My friends, I had not intended to discuss this controversial subject at this particular time. However, I want you to know that I do not shun controversy. On the contrary, I will take a stand on any issue at any time, regardless of how fraught with controversy it might be. You have asked me how I feel about whiskey. All right, here is how I feel about whiskey: If when you say whiskey you mean the devil’s brew, the poison scourge, the bloody monster, that defiles innocence, dethrones reason, destroys the home, creates misery and poverty, yea, literally takes the bread from the mouths of little children; if you mean the evil drink that topples the Christian man and woman from the pinnacle of righteous, gracious living into the bottomless pit of degradation, and despair, and shame and helplessness, and hopelessness, then certainly I am against it. But, if when you say whiskey you mean the oil of conversation, the philosophic wine, the ale that is consumed when good fellows get together, that puts a song in their hearts and laughter on their lips, and the warm glow of contentment in their eyes; if you mean Christmas cheer; if you mean the stimulating drink that puts the spring in the old gentleman’s step on a frosty, crispy morning; if you mean the drink which enables a man to magnify his joy, and his happiness, and to forget, if only for a little while, life’s great tragedies, and heartaches, and sorrows; if you mean that drink, the sale of which pours into our treasuries untold millions of dollars, which are used to provide tender care for our little crippled children, our blind, our deaf, our dumb, our pitiful aged and infirm; to build highways and hospitals and schools, then certainly I am for it.
balance, an open mind and a listening ear. It is only by reflecting and talking that we gain insights into controversies and perhaps inspiration. Disputes can sometimes plague our lives and that of our clients for years. Sometimes however it is possible to peer into the fog and find a safe haven. As Lord Justice Ward observed in Oliver v Symons (2012) EWCA Civ 267: ‘It depresses me that solicitors cannot at the very first interview persuade their clients to put their faith in the hands of an experienced mediator, a dispassionate third party, to guide them to a fair and sensible compromise of an unseemly battle which will otherwise blight their lives for months and months to come’ Jonathan Djanogly, when Parliamentary Under-secretary of State at the Ministry of Justice in 2012, also observed: ‘I strongly believe that for the vast majority of disputes in civil, family and administrative justice, (mediation) can be a better way of reaching a resolution for all concerned - quicker, less expensive, certainly less stressful, and a solution that the parties themselves will buy into because they have shaped the outcome’ Sometimes we can be blind to the tensions, beliefs and perspectives in any dispute and need to look not only across but up and down the river. In an era of instability and uncertainty, an era of cost budgeting and proportionality mediation may well offer a forum in which issues can safely be explored and solutions found.
By Russell Evans CEO Resolve UK, National CMC Accredited Mediation Provider
This is my stand. I will not retreat from it. I will not compromise.’ Judge Sweat reminds us within any conflict that there may be many beliefs and perspectives. None of us can peer into the realms of the world with absolute certainty, not even the scientists at CERNE. Certainties of today can become myths of tomorrow. We all of course need
Russell Evans and Mpho Tutu.
Professional Practice
BANKING ON A LESSON IN PROMISED BONUS PAYMENTS As banker bonuses continue to draw negative headlines, a €50 million payout to bank staff has been forced to go ahead after a bank’s offer at a ‘town hall’ meeting was found to be legally binding. Banker bonuses in the City of London may seem a world away from the day to day concerns of most businesses, but following a recent ruling on a promised bonus payout at Dresdner Kleinwort, Employment Partner Howard Robson at Hampshire based law firm Warner Goodman LLP advises that there is a real lesson to learn. An award of more than €50 million in bonuses has been paid to a group of 104 city bankers after the ruling by the Court of Appeal, which has opened the way for promises made by employers during general staff communications to become contractually binding. The case arose as a result of an announcement made in 2008 by the CEO of Dresdner Kleinwort’s investment banking division at a “town hall” meeting to staff, which was repeated in a subsequent intranet broadcast, that a guaranteed minimum bonus pool of €400 million would be available for dividing on a discretionary basis according to individual performances. The bonus pool had been approved by the bank’s board in an attempt to stop key staff leaving. Dresdner Kleinwort was subsequently taken over by Commerzbank, who decided to reduce the bonus pool by 90% in 2009 following the banking crisis, saying that the staff communications were not contractually binding on the bank.
be legally binding and so it was down to the employer to make it clear if there was no such intention to create legal relations. An employer is expected to know its own intentions.
The Court ruled that the announcement could be taken as a formal offer because of the way that it was delivered, which removed the need for formal acceptance. And although elements of the scheme were uncertain, the Court found that the fundamental rules of the bonus scheme were clear and there was not enough ‘uncertainty’ to believe that both sides did not intend to create an agreement on the bonus.
Howard comments: “The ruling has significant implications for employment contracts. It’s a case of ‘watch your words’ for employers if you want to be sure that discussions remain just that and don’t morph into a binding offer to employees. This is particularly the case when negotiating benefits and bonuses in a group session with staff. It is wise to seek professional HR or legal advice before such announcements are released. Particular care should be taken with intranet or social media announcements or group emails”.
The ruling also said that where any new conditions were introduced into an existing contractual relationship, there would be a strong presumption that it was intended to
Howard Robson, Employment Partner, Warner Goodman
In 2012, the High Court ruled that the intention of the collective staff announcement was to create a legally binding obligation; hence the reduction in the bonus pool was a breach of contract. The bank appealed against the ruling, but the original decision has now been upheld by the Court of Appeal. Commerzbank had argued that they had had no intention to establish ‘legal relations’ through the original announcement. They also argued that the terms were uncertain and therefore not legally binding.
CATHERINE APPOINTED FIRST FEMALE MANAGING PARTNER To usher in a new era of change and oversee its plans for growth in the forthcoming months, leading Southampton law firm, Eric Robinson Solicitors, has made the strategic appointment of Catherine Maxfield as ‘Managing Partner’. Catherine Maxfield is a woman of firsts. The first in her family to go to university, she studied English at The University of Bristol before going on to complete another in Law at the University of West London and her LPC at the College of Law in Guilford. In 1998, Catherine’s attended an interview at Eric Robinson Solicitors in Southampton and was offered the position of Matrimonial Solicitor in the firm’s Chandler’s Ford office on the same day. Three years later she became a non-equity Partner. “I loved the firm and wanted to make a commitment to it,” she explains. “Eric Robinson Solicitors is well established, successful, respected and has such a friendly nature. The Partners are also very approachable and down to earth, without any airs or
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pretences, so I knew I would enjoy working with them.” At the start of the year, the decision was made to create the position of ‘Managing Partner’ to take overall responsibility and management of the firm’s activities and, at the age of just 46 years old, Catherine was voted into the position by her fellow Partners – the first female Managing Partner of Eric Robinson Solicitors, the only one in city of Southampton and the county of Hampshire. “Of course this is very exciting for me personally, but I also feel a responsibility as a woman. I want to show younger women that is it possible to break boundaries, that they should keep pushing forward and that the philosophy supported by The Equality Act, for example, is not just an ideology, it is actually happening.” “My role will be to make sure that Eric Robinson Solicitors runs its business efficiently, effectively and profitably whilst looking after its staff, putting the client first and working with the Heads of Departments to set objectives, agree target and create strategic proposals for Partner Board meetings.” “Once in those meetings, I shall be just one of the five equity Partners and we will make decisions as a team. Without their support, confidence and, ultimately, faith in me I would never have agreed to take on the role. We have some great ideas as a firm and I am delighted to be the person responsible for driving them forward.”
Professional Practice
THE UK’S LARGEST DOG WELFARE ORGANISATION Dogs Trust (formerly the National Canine Defence League) was founded in 1891 “to protect dogs from torture and ill usage of every kind”. Nowadays, we are best known for our famous slogan A dog is for life, not just for Christmas®. We have grown to be the largest dog welfare charity in the UK, with 18 rehoming centres, caring for over 16,000 stray and abandoned dogs every year. We never put down a healthy dog. It is a shocking fact that over 118,000 dogs were picked up on our streets last year. Sadly, many of these dogs were put to sleep through no fault of their own. Our mission is to stop this tragic waste of life. Situated throughout the United Kingdom, our rehoming centres offer everything abandoned dogs need to get them back on their paws again. We offer comfortable kennels, first class veterinary care, exercise facilities, and all the TLC that our canine guests deserve.
Most of our dogs are rehomed in a few weeks but those who need a little extra help will always be safe with us – thanks to our non destruction policy. We treat every dog like a beloved family pet. Ensuring your dog’s happiness and security after your lifetime… Many people worry about what would happen to their dog if they were no longer around to care for them. Our Canine Care Card scheme is a special free service that will guarantee peace of mind. By registering on the Canine Care Card scheme, Dogs Trust promises to be there to take care of your dog should the worst happen. To find out more about the Canine Care Card call 020 7837 0006, email us at ccc@dogstrust.org.uk.
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Family Law
DOMESTIC VIOLENCE: THE CRIMINAL LAW RESPONSE
BY SIMON PARSONS, ASSOCIATE PROFESSOR OF LAW, SOUTHAMPTON SOLENT UNIVERSITY INTRODUCTION Domestic violence is serious violence and should be severely dealt with by the criminal law. There is no offence of domestic violence as such instead the criminal law responds to it with a number of different offences which will be considered in this article as will the issue of how a prosecution for domestic violence is facilitated. The orders available to deal with domestic violence will also be examined. There is a legal definition of domestic violence contained in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) as follows: “[D]omestic violence” means any incident of threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other.1 This definition to a large extent mirrors the non-legal definition of domestic violence that was used by the government until 31st March 20132 when the non-legal definition was changed so that “domestic violence and abuse” is now defined as follows: Any incident or pattern of incidents of controlling3,coercive or threatening4 behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass, but is not limited to, the following types of abuse: psychological, physical sexual, financial and emotional.5 This new definition, which is not a legal definition, includes so called “honour” based violence, female genital mutilation and forced marriage, and is clear that victims are not confined to one gender or ethnic group.6 This new definition provides welcome clarity and reflects the fact that young people as just as likely to suffer domestic abuse as any other age group. The definition in LASPO will need to be changed to reflect this clarity.
inter alia, help victims in respect of the prosecution of domestic violence.11 Second, there is the Code of Practice for Victims’ of Crime. The code means that all victims must be told when a suspect has been arrested and why an offender received a particular sentence as a matter of course .A victim’s rights include the right to information about the crime within specified time scales, including the right to be notified of any arrest and court cases. There is also the right to an enhanced service in the cases of vulnerable or intimidated victims which applies to victims of domestic violence. Third, every CPS area, including CPS Direct, has a coordinator responsible for domestic violence and Crown Prosecutors are given training in respect of domestic violence. This has increased the conviction rate for criminal offences relating to domestic violence. Fourth, there has been the roll out of specialist domestic violence courts (SDVCs). SDVCs identify domestic violence related cases and carry out a fast-track process that deals solely with criminal offences relating to domestic violence. This has encouraged a multiagency approach to domestic violence within the criminal justice process.12 These specialised courts have increased the conviction rate of domestic violence offences. In 2007-8 the CPS prosecuted 75,000 cases involving domestic violence against women and girls. By 2011-12 that number was 91,000.Over the same period the number of convictions rose from 52,000 to almost 67,000.13 Fifth, there are special measures for victims and witnesses. These are a series of provisions that help vulnerable and intimidated witnesses give their best evidence in court and help to relieve some of the stress associated with giving evidence. Special measures apply to prosecution and defence witnesses, but not to the defendant. Victims of domestic violence, who are very likely to be vulnerable and intimidated as a witness, can make use these special measures.14 These measures may be the difference between a domestic violence prosecution succeeding or failing because without the victim’s evidence the CPS is frequently unwilling to proceed with a prosecution.
THE CRIMINAL LAW’S RESPONSE TO DOMESTIC VIOLENCE
THE RESTRAINING ORDER
The new definition of domestic violence has to be wide because domestic violence takes many forms and to deal with it the criminal law has a variety of offences that can be prosecuted. The law is complex but to aid prosecutors the Crown Prosecution Service (CPS) has produced an aide-memoire which is available on the CPS website.7
There is an order which is particularly useful in relation to domestic violence and that is the restraining order. A restraining order is a court order intended to protect victims of domestic violence from further harm or harassment by keeping the abuser away from the victim. This may involve keeping the abuser from the scene of the violence, which may include victim’s home or place of work. It is a civil order and it does not give the abuser a criminal record. Previously a restraining order could only be imposed upon a defendant following their conviction of the basic or aggravated forms of harassment under the PHA.15 However, section 12 of the Domestic Violence, Crime and Victims Act 2004 amended the PHA to allow for a restraining order to be made either when a defendant is convicted of any offence16 or, more controversially, when a defendant is acquitted of any offence17 if the court considers the order is necessary to protect a person from harassment by the defendant.18 The court will have regard to the evidence it heard during the criminal trial when determining whether a restraining order is required. However, further evidence may be required especially where the defendant has been acquitted and the civil standard of proof is applied.19 Breach of a restraining order is a criminal offence for which the punishment is a maximum of five years imprisonment on indictment. There is a defence of reasonable excuse.20
In addition, there are now two specific offences of stalking which have been added to the Protection from Harassment Act 1997 (PHA) by the Protection of Freedoms Act 2012.8 The first is the basic offence of “stalking”9 and the second an aggravated offence of “stalking involving fear of violence or serious alarm or distress”.10 The former offence could be used in response to excessive personal contact whilst the latter could be a response to menacing telephone calls, text messages or letters. The substantive law is complex but it has to be so because of the large number of behaviours which can count as domestic violence. It is not feasible to define a domestic violence offence, or even offences, which cover all of this conduct. Perhaps what is more important is how a prosecution involving domestic violence is facilitated and what orders are available after a conviction or indeed an acquittal.
HOW IS A PROSECUTION INVOLVING DOMESTIC VIOLENCE FACILITATED? Given the large number of offences that can be used to prosecute domestic violence there needs to be specialisation to facilitate the effective prosecution of these offences. This has been achieved in a number ways. First, there is the use of Independent Domestic Violence Advisers (IDVAS) whose role is,
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CONCLUSION The response of the law to domestic violence is complex for not only is there the criminal law response outlined above there is also the civil law response. Under the Family Law Act 1996 a person who has been subject to domestic violence can apply for a non-molestation order from a civil court in which the civil standard of proof applies.21 Breach of a non-molestation order
Family Law
is a criminal offence for which the punishment is a maximum of five years imprisonment on indictment.22 Non-molestation orders are resonant of restraining orders in that both can be made where the court is satisfied, to the civil standard of proof, that either the victim or another person requires protection from the abuser. The PHA also has a civil side, as in a civil action for the statutory tort of harassment, there can be an award of damages together with a civil injunction, the violation of which is a criminal offence also carrying a maximum of five years imprisonment on indictment.23 The law needs to be simplified but its complexity grows. For example, domestic violence protection notices and orders (DVPOs) are available in West Mercia, Wiltshire and Greater Manchester police areas. DVPOs give victims - who might otherwise have had to flee their home - time to get the support they need. Before these orders, there was a gap in protection, because the police could not charge the abuse for lack of evidence (and therefore the abuser could not be remanded in custody although he could be subject to bail conditions) and because the process of granting an injunction took time. DVPOs close that gap. They give police and magistrates the power to protect a victim immediately after an attack, by stopping the abuser from contacting the victim or returning home for up to 28 days. These orders are to be welcomed and they should be rolled out throughout England and Wales but they do add to the complexity of the law. There is also the use of community resolutions to deal with incidents of domestic violence. Community resolutions involve restorative justice techniques, such as the offender apologising to the victim, paying compensation or repairing any damage caused. Unlike a caution, a community resolution does lead to a criminal record. These resolutions were used in 2,488 domestic violence cases in 2012. Three conditions have to be satisfied for restorative justice to be an option-low level harm, the offender accepting their guilt and the victim has to consent. In respect of domestic violence doubts may arise as to whether the victim genuinely consents and there is evidence that community resolutions are being used in cases of domestic violence involving serious violence. This development is a cause for concern because it is bad for victims of domestic violence and therefore bad for justice. It should be noted that the increase in community resolutions has occurred since the Coalition Government started cutting police budgets.24 The state’s response to domestic violence could be simplified. That simplification could be achieved by giving the jurisdiction for dealing with domestic violence solely to the criminal justice process. There is evidence that this is already happening de facto as the number of applications for non-molestation orders is reducing as many victims of domestic violence turn first to the criminal justice process.25 The reason for this switch is that the criminal justice process has specialised in response to domestic violence, in particular with the introduction of SDVCs. This specialisation is lacking in the civil courts. There is also the difficulty in obtaining civil legal aid through the domestic violence gateway.26 In addition there is a case for rationalising the number of different orders and resolutions currently available to deal with domestic violence so that victims have a better understanding of the legal process and thus know where to go and what to apply for. An earlier version of this article first appeared in the Criminal Law and Justice Weekly in April 2013.
FOOTNOTES 1
2
3
4 5 6 7 8 9 10 11 12
13 14 15 16 17 18
19
20 21 22 23 24 25 26
Schedule 1, Part 1, paragraph. 12(9). “Associated individuals” are those as defined in section 62 of the Family Law Act 1996 and does not just include partners but can include relatives such as parent and child. “Any incident of threatening behaviour, violence or abuse [psychological, physical, sexual, financial or emotional] between adults who are or have been intimate partners or family members, regardless of gender or sexuality”. Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour. Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim. http://www.homeoffice.gov.uk/crime/violence-againstwomen-girls/domestic-violence. Accessed 27th March 2013. Ibid. http://www.cps.gov.uk/legal/d_to_g/domestic_violence _aide-memoire/index.html. Accessed 27th March 2013. Section 111. PHA section 2A. PHA section 4A. IDVAs can represent the victim at a Multi-Agency risk Assessment Conference (MARACs). The Specialist Domestic Violence Court (SDVC) programme has been running since 2005 and there are now 127 courts, across England and Wales. Local Criminal Justice Boards (LCJBs) will have responsibility for the governance and performance management aspects of SDVCs from the 1st April 2010. http://www.cps.gov.uk/news/articles/prosecuting _violence_against_women_and_girls__improving_culture_ confidence_and_convictions. Accessed 31st March 2013. Sections 23-30 Youth Justice and Criminal Evidence Act 1999. Section 2 (basic) and section 4 (aggravated). PHA section 5. PHA section 5A. Harassment is defined in section 7 (2) PHA as causing a person alarm or distress. A person who is in “fear of violence” will be alarmed and distressed thus making the use of the term “fear of violence” in section 5 redundant. Whilst a court can make a restraining order of its own volition, prosecutors also have an obligation to remind sentencing courts of the option of making a restraining order, including when the defendant has been acquitted. The procedural rules for making applications are set out in Part 50 of the Criminal Procedure Rules. These apply in both the magistrates’ court and the Crown Court. Section 5 and section 5A PHA. The criminal standard of proof is applied when there is a prosecution for the alleged breach of a civil order. Section 42. Section 42A. Section 3 PHA. http://www.bbc.co.uk/news/uk-22346971 accessed 30 April 2013. M. Burton “Civil Law Remedies for Domestic Violence: Why Are Applications for Non-Molestation Orders Declining?” (2009) Journal of Social Welfare & Family Law 109. The Civil Legal Aid (Procedure) Regulations 2012 regulation 33. See W. Hewstone “The Impact of LASPO” Hampshire Legal, Journal of the Hampshire Law Society, Spring 2013 pp 24-25.
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Professional Practice
COLP AND COFA: COMPLIANCE, RISK AND REGULATION • Retaining a tight control over expenditure. Costs, including partner drawings, should be reduced in line with any reduced profitability. • Cash flow management. A process for getting paid in a timely fashion from clients is critical for law firms. The ‘debtor days’ number can often creep upwards in tough times as everybody starts to feel the pinch. The number of days it takes a firm to bill a client and ultimately get paid (‘lock-up’) will inevitably impact on the firm’s day to day liquidity. This can in turn lead to difficulties in paying staff and suppliers. The COFA is responsible for implementing systems and controls to ensure a fully operational and robust compliance culture is promoted throughout the firm, which are appropriate to the size of the firm enabling them to monitor financial risk and stability.
BEST USE OF TIME KEEPING THOSE PLATES SPINNING It is clear that there is still a significant level of confusion and uncertainty amongst the legal profession regarding their obligations under outcomes-focused regulation (OFR), the riskbased approach to regulating law firms introduced by the Legal Services Act 2007. The Solicitors Regulatory Authority (SRA) view the Compliance Officer for Legal Practice (COLP) and Compliance Officer for Finance and Administration (COFA) positions as pivotal to OFR and driving up standards and reducing regulatory risk. In addition to the regulatory pressures, the economic conditions remain stormy both within the UK and the Eurozone. Client focus and strong commercial management are more important than ever if law firms are going to achieve business success. Underpinning all of this is compliance, risk and regulation which will be core to survival in a highly competitive legal market. Large law firms will typically have the capacity to devote sufficient time and attention to achieving their regulatory outcomes with dedicated risk and compliance personnel, but what about the smaller law firms and sole practitioners? How do they successfully navigate the role of COLP and COFA, in addition to keeping all of their other ‘plates’ spinning?
STAYING AFLOAT The role of the COFA within a law firm involves embracing financial management. The SRA exceeded its entire 2013 budget for interventions within the first few months but they do not accept that the sole reason for law firms experiencing financial difficulties is solely due to the current economic climate but also the changes to civil litigation funding and more stringent lending. It is important that firms, large and small, have strong and effective processes and controls to minimise their exposure to financial risk which may in turn endanger client interests. Effective governance will ensure that the sole practitioner or partners will have; • a comprehensive understanding of the risks the firm faces. These are classified under strategic, operational and regulatory risk. • the appropriate oversight and controls they need to manage that risk effectively. Law firms good practices may include; • Each partner receiving a bank statement at the beginning of each day thus ensuring that financial performance is never far from their thoughts.
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Balancing the demands of your clients and your business with the requirement to be compliant has never been more difficult. The list below (which is by no means exhaustive) highlights some of the requirements of the COLP and COFA; • Identifying, monitoring and managing risks to compliance; • Developing and implementing risk management tools (for example, the risk register); • Conducting audits to comply with outcomes-focused regulation; • Training and encouraging a culture of collective responsibility; • Equality and diversity requirements; • Taking all “reasonable steps” to ensure compliance; • Systems and controls to identify and record compliance failures; • Implementing suitable systems and controls to ensure compliance with the SRA Accounts Rules 2011; • Business continuity/disaster planning; • Anti-money laundering and bribery policies. Is this the best use of your time? Arguably, the more time you are spending trying to create appropriate systems, processes and controls and draft the appropriate template policies and documents – the less time you have to focus on your clients and the commercial activities of your firm. Outsourcing support to help you manage your regulatory responsibilities will often make commercial sense.
COMPLIANCE SUPPORT The Corre Partnership LLP works with managers and members of law firms, together with their nominated COLP and COFA ensuring that a fully operational and robust compliance culture is promoted throughout the business. CORRE’s people are highly experienced professionals, consisting of former lawyers and consultants who have worked with law firms over many years. Using the services provided by CORRE allows you to develop your own business in the comfort of knowing that you are meeting your compliance, risk and regulatory responsibilities. In a nutshell, CORRE enables you to focus on increasing revenue by doing more of what you do best – providing legal advice for your clients. For further information on The Corre Partnership LLP or to find out more about the full range of services available, please visit www.thecorrepartnership.com or call 0844 800 3089.
Professional Practice
PARIS SMITH APPOINTS NEW PARTNER Leading regional law firm Paris Smith LLP has appointed regulatory law and business crime specialist, Sarah Wheadon, as a partner from 1 July 2013. enabling its business clients to succeed and grow whilst avoiding unnecessary legal costs in doing so. I enjoy working with clients to help them achieve the benefits of building businesses which are compliant with the criminal law. If as sometimes happens something goes wrong, then my team and I are on hand to help businesses with crisis management and to put in place a strategy to deal with any investigations by the law enforcement agencies”.
Experienced in key business issues including health and safety, bribery, environmental, food safety and consumer protection, Sarah joined Paris Smith in September 2010 and leads the firm’s Business Crime and Regulatory team. She regularly prosecutes on behalf of organisations enforcing animal welfare and marine/fishery legislation. Sarah says “I am delighted to be offered a position as a partner in such a dynamic firm as Paris Smith. The firm has a clear sense of purpose in
Senior Partner Nick Vaughan said “We are delighted Sarah has accepted our offer of partnership. In an ever more regulated environment in which commercial enterprise operate, it is crucial that business owners do not fall foul of regulations unnecessarily and if they do so, then there is someone of Sarah’s ability to whom they can turn for peace of mind and sound expert advice”. Sarah is recognised in the 2013 edition of the Chambers legal directory as a leader in her field and “exceptionally able and dedicated”. She is also a co-founder of the Paris Smith Business Club, which won the national Law Society Excellence in Innovation Award 2012.
MOORE BLATCH ADVISES ON WIRELESS COMMUNICATIONS DEAL WORTH UP TO £85 MILLION Corporate lawyers from Moore Blatch have been instrumental in the sale of a global communications specialist to commercial, defence and securities giant Cobham in a deal worth up to £85 million. Legal experts from the regional law firm advised management at Axell Wireless which provides Distributed Antenna Systems and has worked on high profile projects such as the Olympic Stadium and the Shard in London, the Pentagon in the USA and Burj Khalfia in Dubai. Moore Blatch corporate partner Peter Jeffery has worked with Axell CEO Ian Brown for many years and led the deal which also involved the employment, property and commercial teams from Moore Blatch. “The legal experts at Moore Blatch have been involved every step of the way in what has been a complex deal,” said Ian. “Having worked with Peter and the team for a number of years I knew they had the expertise to drive the deal forward. With a number of parties involved it was crucial that our advisors were the ones to ensure the whole deal stayed on track and having all legal expertise under one roof meant a joined up approach to the complexities of such a major sale.” he added. Peter Jeffery from Moore Blatch said he was delighted to be involved in such a high profile deal. “This was a great team effort with Moore Blatch working closely with all of Axell’s stakeholders and advisers and the buyer to reach a successful conclusion.”
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Professional Practice
HAVE YOU CONSIDERED THE RISK OF GOING CHEAP? The professional indemnity insurance renewal season is now upon us and proposal forms are dropping through the door, but could your choice of insurer this year lead to it being your last year in business because you chose to go cheap? The Law Society and Solicitors Regulation Authority have both issued warnings to law firms about the risks involved with choosing an unrated insurer, but many firms are likely to ignore these warnings and go with an insurer that offers the lowest rates even though this carries significant risks! So what are the risks with going cheap? • If an insurer becomes insolvent during a term of insurance policy holding firms would be required to arrange alternative cover within a month and pay a second premium, likely to be at a higher rate due to the circumstances involved; • If an insurer became insolvent after 1 October 2013 and new policies could not be secured firms would have to cease practice. There are a number of messages that could be given out by firms going with unrated insurers, which regulators could use as a means of determining whether these firms need further investigation, for example: • Are the firm’s finances so precarious that it is not able to pay a rated insurer’s premium? • Has the firm been rejected by rated insurers for being too high risk (high claims and/or complaints rates, no compliance plan or risk register, etc.)? • Does the firm take risk management seriously if it is happy to expose itself to such a high risk, especially when clear warnings have been given? Clearly, it is for firms to decide for themselves which route to go down, but if it is the unrated route it should not come as any surprise that the regulator may then come knocking wanting to know why! Since the fall of Quinn and Lemma the SRA has been under pressure to take a more active role in assessing which insurers should be allowed to provide insurance to law firms, but until now has chosen to leave matters relating to the provision of professional indemnity insurance to the financial regulator. However, faced with the fallout from the Lemma failure and the risk of 1300 law firms and their clients being affected by the fall of the unrated insurer Balva, it has finally decided to act, and is now starting a review of the unrated insurance market. If Balva does eventually succumb to an insolvency event it will leave the firms it covers not only having to find a new insurer within four weeks but also the money to pay for the new policy; these firms
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are likely to be with Balva because of the attractive low premiums so one has to question whether they would be able to find the extra money for a new policy even if they could find the rated insurer willing to take them on. Another unrated insurer has apparently thrown its hat into the ring as an option for Balva firms to consider, but could this just be jumping from frying pan into another! As mentioned above, firms choosing to place their business with an unrated insurer in 2013 could put themselves under the microscope with the SRA, but an added complication will come in October 2014, when in all likelihood the SRA will have concluded its review of the unrated insurance market and decided to ban them from the law firm arena, if this happens the firms going with unrated insurers in 2013 are likely to have real problems being able to get rated insurance at the 2013/14 renewal point. The SRA has announced a number of changes that will be implemented for the indemnity year starting on 1 October 2013, and these are: • Removal of the Assigned Risks Pool - firms that cannot find open-market insurance by 1 October will no longer be afforded cover through the ARP, and instead will have a 90day extension period with their last insurer. After the first 30 days, if no cover can be found, the firm cannot take on any new business and will be expected to focus on an orderly wind-down over the next 60 days • Alterations to the length of cover - for policies incepting on or after 1 October 2013 there will no longer be a requirement for policies to expire on 30 September. Firms will be able to negotiate any length policy they like, assuming their insurer agrees • List of insurers - as suggested by the Law Society, the Qualifying Insurers List will change its name to the Participating Insurers List. This is to remove any misunderstanding that the insurers involved have undergone any vetting by the SRA Quite clearly firms have much to think about in relation to what is, one of their most costly business expenses, they cannot do what many firms have done to date, and think it is just a form filling and cheque signing exercise!
Written by Brian Rogers, Director of Regulation and Compliance, SRA
Professional Practice
QUILL PINPOINT RESEARCH DEFIES NEGATIVE INDUSTRY TREND With regular, depressing news of law firm closures, it’s unsurprising that the just-published Annual Statistical Report by The Law Society shows a reduction in the number of private practice firms. Many reasons are cited for this dwindling number of practicing law firms, including strong competition from rival practices and changes to costs and funding, which mean that firms are finding it ever harder to achieve favourable profit margins. However, in defiance of this negative industry trend, come the results of recently undertaken research by Quill Pinpoint on their Pinpoint Interactive cashiering service clients. The statistics show an average 25.4% increase in profit costs over a 3-year period, attributable in part to outsourcing their bookkeeping function. In monetary terms, that’s worth in excess of £100,000 per firm. The research results demonstrate how outsourcing back office processes can have a positive impact on business models because outsourced support is a proven way to improve profitability by reducing overheads, and offloading the responsibility of cashiering, reporting, forecasting and compliance. As an additional benefit, outsourcing is provided on a continuous service provision basis.
Supporting commentary for the Quill Pinpoint research is provided by Pinpoint Interactive client, David Foster, Partner at David J Foster & Co Solicitors, who states: “We’ve reduced our capital expenditure and overheads because we don’t need to employ accounts staff nor maintain hardware or software. Pinpoint Interactive has contributed to our growth in turnover of 20% over the past 2 years”. Further reinforcement is given by Matthew Bradley, Director at Bradley & Jefferies Solicitors Ltd, who outlines: “Our profit costs have increased consistently year after year… the cashiering service has undoubtedly played its part by limiting our outbound costs, and helping us to tighter control and better forecast our finances”. Cassandra Simpkins, Partner at Simpkins & Co Solicitors, concludes: “Using Pinpoint Interactive for cashiering responsibilities means my Partner and I can concentrate on providing excellent legal advice to our clients and we can
keep a closer eye on other key areas of our firm’s business management. The outsourcing service ultimately helps immensely with our long term aim of increasing profits and our firm’s continued survival in an ever challenging legal marketplace”. This supporting evidence shows how outsourcing enables firms to channel their energies on the essential tasks of legal services delivery and practice management, so that fee earning capacity can be increased, and managers have the business intelligence insight needed to grow their business. By being more productive in both of these business areas, firms can improve their competitiveness and profitability. If you want to find out more on the Quill Pinpoint profit costs research project or request information on Pinpoint Interactive, get in touch by email at info@quill.co.uk, call their Manchester head office on 0161 973 0114 or visit their website at www.quill.co.uk.
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Professional Practice
HAMPSHIRE LAW SOCIETY POLICY DISCUSSION DOCUMENT THE COMMENTS OF ALL MEMBERS OF HAMPSHIRE LAW SOCIETY ARE INVITED CONCERNING THIS PROPOSAL, WHICH IS PRESENTLY INVOLVED IN A BILL BEFORE PARLIAMENT. PLEASE SEND YOUR COMMENTS TO ADMINISTRATION@HAMPSHIRELAWSOCIETY.CO.UK
PROPOSAL FOR THE ESTABLISHMENT OF A CARE & SUPPORT TRIBUNAL This is a proposal for the establishment of a Tribunal for resolving disputes between private individuals and those public bodies which deliver Social Services. THE CARE BILL 2013 The long awaited Care Bill was announced in the Queen’s speech and is presently before Parliament. It is primarily a consolidation bill, although it does include a number of new provisions. There have been a number of proposals that the bill should include measures to establish a tribunal which would ensure that the care regime was enforceable. Both the Law Commission and the Parliamentary Select Committee which provided pre-legislative scrutiny advocated such a tribunal. The Government response has been that “We will review the local authority complaints system.” My opinion is that this is tantamount to stating that the Government will not take any steps to ensure that the new care regime will be enforceable. It is an appropriate time while the bill is in parliament for lobbying to take place to amend the bill to include establishing a Community Care Tribunal.
THE PROBLEM 1
Community Care Law is extremely complex. It is very hard for legal professionals, let alone service users, to understand the rights and obligations of the many agencies involved. Even when the Care Bill is enacted this area of law will remain baffling to many practitioners,. 2 The high cost of legal services has meant that the only source of independent advice for many service users are not-for-profit advice agencies. 3 Many disputes involve disputes of fact. 4 The present means of resolving disputes are: • Local Authority and NHS Complaints procedures. These are slow and generally paper based, so that often the complainant never feels that his complaint has been properly addressed. If the complainant is not sufficiently articulate on paper he will be placed at a disadvantage. • Ombudsmen. The same criticisms apply, and in addition the complainant is at the mercy of the case worker, who may not necessarily appreciate the complex issues involved. • Judicial Review. In practice this remedy is only open to those complainants who have such limited means that they are entitled to public funding. Only a few solicitors have the necessary Legal Services Commission contracts. And the process does not resolve disputes of fact. With LSC funding to be reduced from April 2013, Judicial Review, which is a very expensive activity, is likely to become less frequently available. 5 I suspect that the result is a massive pool of people who feel that their grievance has not been resolved.
THE PROPOSED TRIBUNAL A Tribunal system similar to the Social Security Appeals Tribunal would provide complainants with a means of articulating their concerns before an independent judge who could require the impugned agencies to justify their decisions and to take corrective actions. The Primary agencies complained about would be Adult Services Departments, but it would also be appropriate to deal with complaints about the provision of non-medical care by NHS bodies and against Children’s Services (but not Safeguarding Issues). Other agencies which might also usefully be involved include the Care Quality Commission.
TIME FOR PARLIAMENTARY LOBBYING The Care Bill is presently before the House of Lords. It is likely to clear the House of Lords before the summer recess, and be considered by the Commons during the autumn. There is therefore still time to ask the Law Society of England and Wales to invite our MPs to table the necessary amendments before the bill becomes law. If you support the propositions that a tribunal should be established to enable individuals to bring to account their local authority if it has failed to fulfil its social services duties, using legal representation if they consider it appropriate, please indicate your support by e-mail to Hampshire Law Society at administration@hampshirelawsociety.co.uk. If you have any queries please contact me either by e-mail on carerslegalcentre @googlemail.com or by telephone to 01425 674844
Simon Whipple, Committee Member, Hampshire Law Society, June 2013 30
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Professional Practice
DIVERSITY IN THE LEGAL SECTOR RILIANCE LAUNCHES FREE SURVEY TOOL IN CONJUNCTION WITH THE LAW SOCIETY
Riliance has launched a FREE survey tool in conjunction with the Law Society to enable practices to collate and report on their firm’s diversity profile.
On the 8th of July 2013 the SRA announced new reporting requirements in this area. Firms are now required to complete their own diversity data and submit a report by 31st January 2014. In close association with the Law Society, Riliance, the UK’s leading provider of risk and compliance software, has developed an easily administered and highly effective survey tool that it will help all law firms regulated by the SRA meet this reporting obligation. The Riliance Diversity module provides the necessary functionality to enable practices to: • Give all members of staff the ability to submit their details in a completely confidential and anonymous manner • Manage and collate survey results
• Produce an over-riding Diversity report on their firm and the Law Society’s Diversity and Inclusion Charter. • Produce a report that reflects the requirements and can be used as a basis for submission to the SRA • Store diversity statistics securely for future years. Mark Gidge, Chief Executive of Riliance commented, “Last year the SRA commissioned a third party to conduct a survey but in 2013 firms will need to collect data themselves. We have taken the view that if we can help practices to collect, collate and manage the data by providing a high quality product that is simple and free to use, it will remove a huge burden for them this year.”
“Riliance has a very pragmatic approach to business and we believe that our presence in the market is as much about our approach to helping firms as it is about the products we deliver. With close to 800 legal practices using our core risk and compliance product, the Diversity module is a natural extension to the software suite and we have plans to add several additional modules in the future.” To access the Riliance Diversity product practices simply register at www.legaldiversity.co.uk or contact us on 01829 731200 for further details.
Hampshire Legal
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Employment Law
EMPLOYMENT TRIBUNAL CHANGES HM Courts & Tribunal Service has announced its intention to introduce fees from 29 July 2013 for employment tribunal claims and appeals to the Employment Appeal Tribunal (EAT). Claims that have already been issued prior to this date will not incur any fees.
ADDITIONAL FEES There will also be a fee for several specified applications payable by the party making the application, such as an application for reconsideration of a default judgment or final hearing judgment £100 and application to dismiss a claim following a settlement £60. There are also fees that are payable by Respondents (employers) if they bring a contractual counterclaim £160 and if both parties agree to judicial mediation £600. For lodging an appeal with the Employment Appeals Tribunal (EAT), the party appealing will pay an issue fee of £400 and a hearing fee of £1,200. There will be only one level of fee regardless of the type of claim or number of claimants. Fees will be charged for issuing and hearing tribunal claims and for various applications made during tribunal proceedings. However, there is a remission procedure in place whereby parties can apply for an exemption, known as a remission, (in full or part) of fees in certain circumstances, e.g. the party is in receipt of certain state benefits or if the party earns under a certain amount.
THE MAIN FEATURES OF THE NEW SYSTEM The level of the fee payable will depend on the type of claim that a Claimant (the employee) issues (see below) and claimants lodging both Type A and Type B claims will be charged one fee at Type B. If fees are unpaid and an application for remission has not been made and granted, the claim will not be allowed to proceed.
There are higher fees for multiple claims e.g. where there are 210 claimants, the fee is x2 the single fee, and for over 200 claimants, the fee is x6 the single fee. The Employment Tribunal may order the unsuccessful party to reimburse fees paid by the successful party. However, at the time of writing this article Unison has applied to the High Court for a judicial review in an attempt to stop what they describe as “brutal” charges being introduced. Other notable changes effective on 29th July 2013: 1
TYPE A CLAIMS These will be for simpler claims such as unlawful deduction of wages, statutory redundancy pay and payment in lieu of notice. Fees: £160 Issue Fee - when a claim form is presented to an employment tribunal £230 Hearing Fee - on a date specified in a notice accompanying the notification of the listing of a final hearing of the claim
2
3
4 5
TYPE B CLAIMS These are for more complex issues such as claims relating to unfair dismissal, discrimination, equal pay and whistle blowing. Fees: £250 Issue Fee - when a claim form is presented to an employment tribunal £950 Hearing Fee - on a date specified in a notice accompanying the notification of the listing of a final hearing of the claim
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6 7
Employment Judges will now “sift” through all claims once the Respondent’s Response has been received to determine whether or not the claim or defence has merit. Respondents will now be able to make retrospective applications for an extension of time if they have missed the 28 day time limit to lodge their Response. Parties must bring additional copies of their witness statements to be made available for inspection by members of the public. Unrepresented parties must now copy the other side into their correspondence with the Employment Tribunal. Respondents must pay the judgment within 14 days, not 28 days. Interest starts accruing on an unpaid judgment from 14 days, not 42 days. The Employment Tribunal can now order that a party pay a deposit into court of a sum up to £1000 for each allegation or argument that the tribunal considers has little prospect of success.
Karen Bristow at Phillips Solicitors
Professional Practice
ARE YOU READY FOR A WORLD THAT NO LONGER EXISTS? “Learners inherit the earth; while the learned find themselves beautifully equipped to deal with a world that no longer exists.” @AmSundell During all this change, you try to equip yourself to deal with the new realities of the industry. You’re trying to meet SRA expectations and new client targets, reduce spend and maximise revenues. You don’t have time to waste on less than optimal training models and courses. But you have to do something. At the very least, you need to maintain your practising certificates. So where do you go? What is the optimal professional development model? Face-to-face training has the appearance of an answer here, with its easy access to experts, its offer of interactivity and its networking opportunities. Studies have shown that 95% of knowledge given in face-to-face training is gone, unless practised and rehearsed, within 48 hours. What that means in practice is that we get between one and three key take away messages, and consider it money well spent. Add this to the fact that it isn’t available when we need it and that the course we’re on was probably designed a year ago.
In a 2007 study, 54% out of 486 respondents claimed that they could not envisage the need for any more training to help them with their jobs in the next 10 years. Let’s say that again. 54% said they couldn’t see the need for additional training because they already had learnt everything they need to know to do their job right up until 2017.
Our reality sometimes changes very quickly and we need to respond to that. I believe professional development online is the answer here, for a number of reasons: • It enables us to learn what we need, when we need it and in the way we want to learn it. • It’s flexible. We can ‘do’ it whenever we want. We don’t need to be at our desks; we can be at home, on the train or in a taxi. With the increase in mobile-enabled solutions, this is becoming even more possible. • It can be produced more quickly. Meaning that a current issue can be disseminated broadly within days, rather than months. • It can be very effective. We can learn skills, know-how and application techniques for the knowledge we’re gaining. • It can be much more engaging. Online professional development producers are looking at how to best engage, motivate and help their users retain the knowledge, information and skills that are being taught. Different techniques are being used, different formats and different styles. Courses are aimed at appropriate levels, with appropriate lengths and best-practice delivery. Of course, there is a lot out there that doesn’t meet these standards, and I think the online professional development producers now need to step up and provide highly effective and engaging solutions to meet the industry demands.
The world has changed a whole lot since then. The entire legal landscape, and to a large extent the industry, has changed too. There are a reasonably large number
So to keep up with the changing realities, to stop ourselves being ‘the learned’, we need something to help us. Online learning has that capability. It has the ability to increase the confidence and competence of legal professionals and equip them for now and the future; in practice, in knowledge, in know-how and in skills.
of firms struggling, some have gone altogether and a lot of others, if they’re not careful, will be “beautifully equipped to deal with a world that no longer exists”. Does this apply to you?
Andy Jones, Head of Professional Learning Services (Sweet & Maxwell Professional Development, Thomson Reuters) Visit: legalpd.com Email: trluki.legalpd@thomsonreuters.com Call: 0845 026 8213 Hampshire Legal
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Notices
MISSING WILLS JAMES FREDERICK KNIGHT
No 18 is an established set of Chambers in Southampton providing expertise in Civil, Commercial, Family and Employment matter.
36 Hurst Close, Chandlers Ford, Eastleigh SO53 3PA Dob: 04/08/1954 Dod: 13/04/2013
Due to our ever-increasing work load, Chambers now seek to recruit a recruit a 3rd six pupil with a view to tenancy and another Junior tenant.
STANLEY BERNARD DUFEU 92 Nutwick Road, Denvilles, Havant PO9 2UF Dob: unknown Dod: 22/05/2013
MR DAVID MICHAEL BAKER 94 Holcroft Road, Thornhill, Southampton SO19 6HE Dob: 27/08/1947 or 48 Dod: 17/04/2013
MR BRIAN SPENCER
The successful applicant can expect to enjoy a healthy level of paperwork and advocacy across the Western Circuit. Some experience in Family and/or Civil is preferable but not essential. Chambers benefits from a loyal following of Solicitors and very strong and efficient clerking team. Applications should be sent to Matthew Stone (Senior Clerk) by post/Dx before 30th August 2013. No 18 Barristers Chambers Rownhams House, Rownhams, Southampton SO16 8LF
1 Bitterne Close, Havant, Portsmouth PO9 5EN Dob: 24/08/1932 Dod: 19/11/2012
MS FLORENCE EVERED
All applications will be dealt with in strictest confidence. DX: 96877 Southampton 10 E-mail: matthewstone@no18chambers.com Tel: 023 8073 6812 Fax: 023 8074 6812
82b Mallard Road, Castle Point, Bournemouth Dob: 01/03/1927 Dod: 05/03/2013
MISSING DEEDS 4 BRECON AVENUE
SOLICITOR/LEGAL EXECUTIVE RESIDENTIAL PROPERTY DEPARTMENT (FULL TIME) An opportunity has arisen at MacDonald Oates LLP for a Solicitor/Legal Executive to join the Residential Property department at our office in Midhurst. Our specialist team is experienced in dealing with a full range of property transactions including buying and selling freehold and leasehold land and property, remortgages and transfers of equity. The successful candidate will:• Be capable of running their own caseload and working under their own initiative • Demonstrate a commitment to offering their clients a high standard of service and legal advice • Aspire to be part of our professional, friendly and hardworking team • Be committed to an active engagement to business development
Drayton, Portsmouth PO6 2AW
27 NEVILLE ROAD Copnor, Portsmouth
MATTHEW & MATTHEW BOURNEMOUTH Require an experienced Commercial Property Lawyer for busy and rapidly expanding property department. Expertise and enthusiasm essential. Salary negotiable. E-mail CV to janet.batley@mm4law.co.uk
MATTHEW & MATTHEW BOURNEMOUTH Residential Conveyancing Solicitor/Legal Executive required to join our very busy friendly firm.
Applications are invited from Solicitors and Legal Executives – newly qualified to 2 years PQE. Please note this role will be offered strictly on a 37.5 hours per week basis.
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Salary by negotiation. E-mail CV with covering letter to janet.batley@mm4law.co.uk