PUBLISHER Ian Fletcher Benham Publishing 3tc House, 16 Crosby Rd, Crosby, Liverpool L22 0NY Tel: 0151 236 4141 Fax: 0151 236 0440 email: admin@benhampublishing.com web: www.benhampublishing.com
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ADVERTISING AND FEATURES EDITOR Anna Woodhams STUDIO MANAGER Fern Badman
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ACCOUNTS Joanne Casey MEDIA NO. 1327 PUBLISHED January 2014 © The Hampshire Incorporated Law Society Benham Publishing LEGAL NOTICE © Benham Publishing. None of the editorial or photographs may be reproduced without prior written permission from the publishers. Benham Publishing 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 Publishing. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press.
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Benham Publishing 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. COVER IMAGE This issue’s cover image is of Godshill, New Forest. Photograph courtesy Jeremy Stoker.
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COPY DEADLINES Spring Summer Autumn Winter
2nd April 2014 2nd July 2014 30th September 2014 12th December 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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EDUCATION FEATURE
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HAPPENINGS IN HAMPSHIRE
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PROFESSIONAL PRACTICE
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EDUCATION & TRAINING
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JUNIOR LAWYER DIVISION
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SOCIAL EVENTS
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NOTICES
Hampshire Lawyer
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Introduction
PRESIDENT’S REPORT WINTER 2013/14 HAMPSHIRE LAW SOCIETY ELECTS SIMON WHIPPLE AS NEW PRESIDENT I underwent legal training believing that once I qualified I would become a fat-cat lawyer. It is only since I entered practice 15 years ago that most solicitors are not rich. Perhaps city lawyers in London are immensely wealthy, but the satisfaction in being a high street solicitor comes from our clients. We help them through troubled times and are pleased to obtain an appropriate outcome for them. Solicitors suffer a dreadful image problem. One of my aims in my year as president will be to use public relations to ensure that the media in Hampshire are made aware of the good work that solicitors do. It has also long been apparent to me that solicitors are poorly looked after in Westminster. Every third MP is a barrister, but solicitors rarely appear to find support from MPs of any shade. Of course the national Law Society fights our corner, but some people feel that it does not always do the best possible job for local interests. Hampshire solicitors can also find our own voice in Westminster. There are 18 MPs who represent the people of Hampshire and I intend to make sure that every one of them knows Hampshire Law Society, so that when we need to we will be able to call upon those MPs for their help.
Dear Fellow Lawyers, I was genuinely surprised to be elected your president at the AGM in early December. I am a relative newcomer to the law and there are many more experienced and wiser lawyers who could lead the society better than me. However I am flattered, particularly by the messages of support I have received since my election. I enjoyed a previous career as an Army Officer. That previous career gave me an unusual advantage among solicitors: before becoming a solicitor I was a client of solicitors. I am therefore in the unusual position of being able to understand how stressful are the circumstances which lead people to consult a solicitor - and the many ways in which solicitors can fail to impress their clients.
During 2014 a Hampshire solicitor, Andrew Caplen, is to become the president of the national Law Society. We should all be proud of him, and make sure that he knows our views. In short, my aim is to ensure that the views of the solicitors of Hampshire are represented to the nation and to the people of Hampshire. I hope the members of the society and in particular its committee members help us achieve that goal.
Simon Whipple President Hampshire Legal
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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
EDUCATION & TRAINING
Simon Whipple The Carers Legal Centre 109 Burley Rd Bransgore Christchurch BH23 8AY Tel 01425 674844 Mob 07740 432159 Email carerslegalcentre@googlemail.com
Mr Andrew Caplen (Vice President) Heppenstalls 75 High Street Lymington SO41 9YY DX 34053 Lymington Tel 01590 689500 Email andrew.caplen@yahoo.co.uk
Anthony Harris (Chair) ajharris@clara.co.uk Kristina Colmer Katharine West Alison Plenderleith
VICE PRESIDENT Ian Robinson Churchers Bolitho Way 13-18 Kings Terrace Portsmouth PO5 3AL Tel 023 9288 2001 Fax 023 9286 2831 Email IRobinson@cbwsolicitors.co.uk
DEPUTY VICE PRESIDENT Matthew Robbins Jasper Vincent 44 Queensway Southampton SO14 3GT Tel 023 8063 3225 Fax 023 8022 7817 Email mrobbins@jaspervincent.com
HONORARY SECRETARY Ms Katharine West West Solicitors Ltd PO Box 421 Southampton SO32 2YH Tel 07780 880779 Email kw@kwestltd.co.uk
HONORARY 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 Roderick Hursthouse 10 Hudson Close Liphook GU30 7UW Tel 01252 622122 Fax 01252 774409 Email rodhursthouse@btinternet.com
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Hampshire Legal
Mr Razi Shah (North Hampshire) 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 (Residential conveyancing) 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
ADMINISTRATOR Miss Nicola Jennings 92 Chessel Crescent Bitterne Southampton SO19 4BS 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
LITIGATION & DISPUTES RESOLUTION Russell Evans (Chair) russell.david@yahoo.co.uk Rebecca Foley Katharine West
MEMBERSHIP Ian Robinson (Chair) IRobinson@cbwsolicitors.co.uk Charlotte Bromley Rod Hursthouse Alison Plenderleith James Meeke Deglan Rowe
MAGAZINE Katharine West (Chair) kw@kwestltd.co.uk Matthew Robbins Alison Plenderleith
REGULATORY Adrienne Edgerley Harris (Chair) Adrienneedgerleyharris@gmail.com
PROPERTY Nick Gurney Champion (Chair) ngc@championlawyers.co.uk Matthew Robbins
SOCIAL Matthew Robbins (Chair) mrobbins@jaspervincent.com
COMPLAINTS Ian Robinson (Chair) IRobinson@cbwsolicitors.co.uk
WEBSITE Boris Kremer (Chair) boris@kremers.co.uk Mo Aldridge Sue Carter
WILLS & PROBATE Darren Price (Chair) darren.price@parissmith.co.uk Simon Whipple
Introduction
O T G N I N E P P A H S ? WHAT I S R O T I C I L O S E R I HAMPSH ture?
n fu w o ir e h t t u abo e r a c y irected e h t t ’ ave been d h ld Don u o h s it t rly justified, bu nt, particula
efore arliame eeting just b embers of p M n. The m l t a ra e n e G al the Coalitio Law g e in ir 28 rt h o s p p p m u a At our Annu s of H ose margin of 2 th a rs e y b b , m n e m o o m ti fr , the mo then d plea Christmas passing of impassione ely to streng t k n li n a e ly id rd s rd a a e re h h P t s, is a Pas ition Society to 213 vote otiating pos n. Andrew is g le e p n ’s a e C ’s ir h ty w s ie p re c d m An Ha The Law So ty, and he is Law . of our Socie on the Council of The inst the cuts a g a e is v ti e f which h representa ating team, ti onal body, o o ti t a g o n e h n e e r th u th , o ty fair to Socie ported limb into And it isn’t t, likely to c drew has re rp n n a e h A s id s s e a re th t, -P t c e a ns fa n Vic ho have, in le concessio He has bee w b . e ly ra u e th J id h t s x it n e w o n seat ved c pshire tiations to us, achie dful of Ham urrent nego rastic n c d a e e h th th A f . g o s in n d o rn n e ati n ce otion, in the negoti vernment co l Aid Scheme. ated this m fe e d e v a Coalition Go a h g e g votes would ed to the L r negotiatin s u o o p d ro n p a ts w u c ndre rve. and given A ight think. m e n rt they dese o o , p p to u g s in e n th te h lis team A man wort my ’s rew e practice, v d ti n c A a to m e o s fr n d nd. ry s the respo Having retire no personal axe to gri Yet what wa ance at the Extraordina ave r nd wife and I h iety held c o S retained ou w plea for atte a e L v a e h h T e f w o r, g and it e etin Howev aw Society, ecember? L D General Me e h th T 7 f 1 o n o ip m en t Lane citors membersh sent govern re p e at Chancery dful of Hampshire soli th e e s e, ke han grieves us to g the Legal Aid Schem anged to ta rr Only a tiny a h c a in o tl .I c n nd the want of usy disma ut the world b r o h fo g d u e attended, a ll ro e th c t n n ine d to be ca once pre-em lp organise a lobby us there ha he s we did would like to support. hire MPs, a s p m a H f a o eed campaign isitioned by But I shall n u . q 1 9 re 9 1 n e in e b ly ve g had hat most effecti The meetin atisfied by w by s is d rs o . it rt c li real suppo sition taken group of so o p e in p u s the They heme they saw as ty’s negotiating team. egal Aid Sc L e th t u o b ie d a t me c e ase contac If you care The Law So ey demand le th p , y, c lp n e a h it il ng to re m motion il at and are willi wanted mo proposed a y e th 9 or by ema d 9 n 4 a 9 , 6 n ’s 7 o ty ti 0 ie c 8 c a 3 o strike on 02 m. Law S waitrose.co ence in The d @ fi n in o ff l. c ri ra g o e n n ry f e a o G m nd Secretary President a rely ng target of ro w e Yours since th t a g n ti o o h l Aid They were s of the Lega re r, tu fu e h T Westminste in course. d e John Griffin id c ILS e t ing d a e r b e g is n e Member H a e if ir m L e e h ry T ra . Sch o e n n o a H hancery L and not in C t’s proposals is fully en the Governm
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Hampshire Legal
Happenings in Hampshire
OBITUARY
HIS HONOUR DAVID MCCARRAHER It is with great sadness to announce the death of His Honour David McCarraher. A previous Senior Partner of McCarrahers Solicitors and Past President of HILS.
HAMPSHIRE LEGAL MAGAZINE INFORMATION FOR MEMBERS Hampshire Legal is the magazine of Hampshire Law Society and is distributed quarterly to all members of the society with an additional 200 copies sent to leading businesses and potential clients throughout Hampshire. It has a print run of 1200 copies. One of the benefits of membership is the opportunity to submit copy to the magazine It is published in October, January, April and July.
SUBMITTING CONTENT
He started his professional life as a Barrister later becoming a Solicitor to join his father in the firm of McCarrahers where he became the Senior Partner. He retired from the firm in 1985 to take up his appointment as one of her Majesty's Circuit Judges. David was the Past President of Hampshire Law Society in 1982.
HILARY TILBY TO RETIRE LawCare wishes to announce the retirement of its Chief Executive, Hilary Tilby. Hilary has indicated her intention to retire and hopes to leave at the end of June 2014.The board of trustees have sadly accepted her resignation and wish her a long and happy retirement. Hilary joined LawCare in April 2001 and was appointed Chief Executive on 1st January 2003. Under her stewardship, LawCare has become a leading provider of pastoral care and health support for all branches of the legal professions, their families and staff. Hilary has overseen its successful extension of its’ remit beyond England and Wales to Scotland, Northern Ireland, the Republic of Ireland and the Isle of Man.
The Legal Professions and their families throughout these jurisdictions owe Hilary an enormous debt of gratitude for all she has achieved on their behalf in the last decade. Her considerable achievements in leading LawCare are testament to her unfaltering hard work, commitment and dedication as Chief Executive. The search for a new Chief Executive will begin shortly.
Members are encouraged to submit content to the magazine. The following content is welcome: • Items for “Happenings in Hampshire”. Between 150 – 250 words is ideal and photos are always welcome. This can include staff news, charitable activity, awards, office moves etc • A maximum of 3 articles for HinH from any one firm will be published in each issue with priority given to our corporate memberships. Those practices with only one or two members will only be entitled to one submission per issue • Articles about changes in legal issues/professional practice – a maximum of 800 words (1 page) plus photos if relevant • Missing wills and missing deeds
ADVERTISING IN THE MAGAZINE • Situation vacant (these will also be placed on the website until filled or until you request for them to be removed). The charge for these is £125.00. • Situation wanted – as above £25.00. Other advertising rates should be discussed with the publisher – Benham Publishing on 0151 236 4141.
Hampshire Legal
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News
HAMPSHIRE LAW SOCIETY ELECTS NEW PRESIDENTIAL TEAM Hampshire Law Society announces the election of its new presidential team, with Simon Whipple succeeding Roderick Hursthouse as President of the Society. Simon Whipple, incoming Hampshire Law Society President said “I have two primary goals for my term of office as President. I want to ensure that our clients, the people of Hampshire, are made aware of the high quality service they receive from their solicitor. And I want to build a close relationship with the 14 Hampshire MPs, so that when we need to we will be able to activate our MPs to represent Hampshire lawyers at Westminster.”
L-r Matthew Robbins, Simon Whipple, Ian Robinson Simon who runs the Carers Legal Centre, solicitors based in Bransgore in the New Forest has a key objective of improving the profile and influence of the Society by engaging more with members and building relationships with local politicians with the aim of offering views on important legal issues affecting the county
Roderick Hursthouse, outgoing Hampshire Law Society President said “I am confident that the new team led by Simon Whipple will continue to build on the past successes of the Society, and ensure that the future aims and objectives of the Society truly reflect the widened membership and will meet the modern needs of all legal practitioners in Hampshire.”
Ian Robinson, Managing Partner from Churchers Bolitho Way, Portsmouth and Matthew Robbins, Senior Partner of Jasper Vincent in Southampton are newly appointed to the position of Vice President and Deputy Vice President respectively. Tony Bussy continues as Honorary Treasurer and Katharine West continues in her role of Honorary Secretary. Elections for the new presidential team were held at the HILS AGM on 3 December 2013 at the Ageas Bowl, Hedge End. The successful candidates will now set about leading the development of the organisation’s vision and strategy, along with the full Hampshire Law Society Executive Committee.
L-r Tony Bussy, Roderick Hursthouse, Katharine West
SERVICE, SERVICE, SERVICE….. It’s all well and good seeking out the cheapest premiums year after year. With unrated insurers entering the market with very low priced terms, then subsequently withdrawing after a couple of years this has led to a turbulent market. However the hidden cost of servicing could well outweigh many savings. Choosing your professional advisor is something you should do wisely when seeking the most competitive terms. Spending your valuable time on the phone chasing documentation from your insurers or brokers, chasing claims experience for CQS, checking and amending any spelling errors on documentation; the list is endless. So how can you minimise your exposure and subsequent time spent in this area? Many insurance brokers work on a commission or fee basis, it’s worth checking to see the extent of services they include for their fee. It’s certainly surprising how many potential clients we speak to who are unaware of what their brokers will do for them regarding servicing of their policies. A good quality insurance broker may even have a customer service charter which not only promotes a quality service but should also outline the standards of service their clients should expect and what to do in the event of a complaint.
the service they receive speaks volumes. Do they have any recommendations or testimonials from their existing clients they can offer you? On the occasions where you have adjustments or queries, is it clear who to call? Do you get a single point of contact? How accessible are they? Are you lost in an automated telephone system? Do they listen to your query and take ownership of your issue? Are they happy to come and visit you to run through your issue in person if required? A broker who can advise you on Risk Management measures that are simple to implement, will help negotiate preferential terms, or avoid future claims. This is of huge value as not only are claims negotiations lengthy but also subsequent premium rises are possible.
Is the documentation written in plain English? Can your broker clearly explain to you any differences in cover or conditions and warranties?
Dealing with Professional Indemnity claims can be very costly and time consuming. Again dedicated claims teams who are easy to communicate with and accessible can save you valuable hours in your day.
Good old fashioned word of mouth can speak volumes regarding a broker or insurer. Hearing that other clients similar to you happily use the services of the broker, and are pleased with
If you would like to know more regarding any of the content above please contact Tristan Webb, Managing Director, Aspire Insurance Services Limited, 0845 270 6720.
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Hampshire Legal
Call for Members
Happenings in Hampshire
HAMPSHIRE LAW SOCIETY – MEMBERSHIP RENEWAL 2014 Many thanks for your support of Hampshire Law Society over the past 12 months. It is your interest and involvement which enables us to continue providing the benefits and service which are so valuable to local solicitors.
IT HAS BEEN A THRILLING YEAR FOR HAMPSHIRE LAW SOCIETY. • The new look glossy magazine was launched and is receiving large amounts of copy from both members and other interested parties • A new improved CPD programme was introduced. Higher profile speakers are delivering more sessions at our new venues in Eastleigh and Hedge End. Attendance and feedback have both been excellent. For details of forthcoming events see pages 18-19 • HILS has embraced social media with its linked in presence • The annual dinner sold out and was an useful networking opportunity enjoyed immensely by those who attended.
PLANS FOR 2014 ARE NO LESS EXCITING AND INCLUDE • A new leadership team committed to providing the best service to both you and the public • Your new look website • More social/networking events. See page 18-19 • An in house CPD programme
THE BENEFITS OF MEMBERSHIP CONTINUE TO BE EXTENSIVE. • The dedicated website www.hampshirelawsociety.co.uk which aims to give you up to date information on evolving current matters of law. • Our extensive lecture programme with reduced rates for members. See pages 18-19 • As a member of HILS you also benefit from reduced rates at CLT lectures details of which can be found on their website • Free find a solicitor service • Reduced advertising rates in the magazine and on the website
MEMBERSHIP FEES FOR 2014 ARE AS FOLLOWS:
WARNER GOODMAN LLP HELP LOCAL FOOTBALL TEAM KICK OFF IN STYLE The Residential Conveyancing Team at Hampshire based law firm Warner Goodman LLP have taken another step in their support for the local community by sponsoring Under 12 football team Widbrook United Tornadoes. The team, who are currently top of the table in the Portsmouth Youth Football League and also play in the Mid-Solent League, have used the sponsorship for their new away kit and here Sarah Brooks, head of the Residential Conveyancing Team, explains why they have decided to be involved with the promising young players. “I first heard about the sponsorship opportunity through a colleague of mine in our Fareham office as her son plays for the Widbrook United Tornadoes u12’S Team,” begins Sarah. “I had no hesitation in agreeing as we’re very keen to show our support for and be involved in our community, and for me it was also a personal reason as my father was a footballer for a local team and then went on to become a referee.” John Dyer, Coach and Manager of the team, said of the sponsorship, “We’d like to thank the team at Warner Goodman LLP as it’s with their donation that the boys now have an away kit they can be proud of. To have them walk onto the pitch all wearing the Widbrook United Tornadoes colours brings the boys together, boosts their morale and makes them feel part of the team.” Sarah concludes, “We’re delighted that our contribution has made a real difference to the players and we look forward the supporting them in their continued success!”
Type of membership Rate Full membership for those in private practice £65.00 Corporate membership £650.00 (which will cover all eligible firm members without limit) Associate membership £45.00 Trainee membership £15.00 Non practicing and those not in private practice £15.00 Joint membership with the Junior Lawyers Division £50.00 Application forms and details of the various membership criteria can be found on www.hampshirelawsociety.co.uk. If you have any further questions please do not hesitate to get in touch with the Administrator, Nicola Jennings.
Widbrook United Tornadoes Under 12’s Team
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Happenings in Hampshire
ROBERT TAKES DIRECTORSHIP AT VERISONA LAW
SOUTHAMPTON BARRISTERS CEMENT POSITION AS LEADING SOUTH COAST SET
One of Portsmouth’s leading legal firms, Verisona Law, is delighted to announce the appointment of one of its top Commercial Litigators, Robert Small, as a Director of the Company. Robert Small had an unconventional route into the legal profession. In the year 2000, he was working for local vehicle hire firm, ‘Southern Self Drive’, when he was offered the opportunity to assist the company’s law firm, Gray Purdue in Waterlooville, (which was to merge with another firm to create Verisona Law) as a temporary paralegal to help with insurance claims for their vehicles. “It was an amazing opportunity that I seized enthusiastically,” recalls Robert. “Originally, I was simply hired as an extra pair of hands, but I discovered I had a natural aptitude and enjoyed helping people to settle disputes.” Verisona Law’s head of litigation, Nigel Cole, soon recognised Robert’s potential and offered him both a job and sponsored legal training. He studied for five years through distance learning to qualify as a Legal Executive, but continued with further studies before attending The Guildford College of Law one day a week for two years, finishing in 2009 with a distinction. Robert’s talent, dedication and determination were recognised with three separate awards for outstanding performance, including the ‘College of Law Prize for highest average mark’ and the ‘Charles Russell Prize in Commercial Dispute Resolution’. He fully qualified in 2010 and after just three years has been asked to join Verisona Law’s Directorship. “For the past 15 years, this has been the destination I’ve been working towards, so it’s really satisfying to have reached this point in my career,” he explains. “For the past year, I have been getting more and more involved in the running of the company so I can hit the ground running in supporting my fellow Directors.” Throughout his legal career, Robert’s work and expertise has centred around Commercial Litigation and Dispute Resolution. He has built a solid reputation, both bringing and defending a variety of cases including breaches of commercial contracts, professional negligence, property and construction disputes. He recently represented a building company against a Local Authority over a £7.5 million contract which involved a two-week trial in the Technology & Construction Court.
Southampton barristers College Chambers has cemented its place as one of the leading sets on the south coast by once again achieving recognition in the annual Legal 500 rankings.
Derek Marshall, deputy head of Chambers
The Legal 500 assesses law firms throughout the country and this year College Chambers has been named as one of the recommended sets on the Western Circuit – which covers more than 110 chambers in London, the south and the south west.
Not only that, College Chambers has had three barristers individually acknowledged for their work in employment and family law. Derek Marshall, deputy head of Chambers, said: “It has been another successful year for College Chambers and it is very satisfying to gain this recognition for our work. We are committed to providing a first class professional service for solicitors, professional clients and individuals. College Chambers has continued to grow despite the rapidly changing legal and economic climate and with our new customer charter due to be launched next month, the coming year promises to be even more successful.” Barrister Matthew Curtis, already recognised by Legal 500 as a rising star in his field was also recommended in the field of employment law. Meanwhile Simon Lillington and Anthony Hand were singled out for their expertise as leading practitioners of family law. Chambers specialises in employment, family, chancery and commercial, property, personal injury and clinical negligence as well as alternative dispute resolution including mediation.
GLANVILLES CHARITY QUIZ RAISES FUNDS FOR THE RAINBOW CENTRE Local law firm GLANVILLES held a Charity Quiz recently at Port Solent, with 22 teams from other professional firms taking part and raising £730 The Rainbow Centre (www.rainbowcentre.org). The event was hosted by Quiz Master and Partner Lance Terry from Glanvilles Business & Commercial Services team, ably assisted by other Partners and staff.
“Verisona Law is a dynamic, forward-thinking firm making impressive progress during a turbulent time in the legal profession. Our Dispute Resolution Department is part of a strong Commercial Team, which I am proud to be part of and I’m fortunate enough to work with really talented lawyers,” says Robert, who in any spare time enjoys both playing and watching football and golf.
The quiz was won by Farleys Fantastic Five - a team made up of staff from Farleys Printers who are based in Fareham. It was a close fought contest throughout, with Moore Luck Than Judgement (Moore Stephens) and Les Quizerables (Natwest) coming a close second and third respectively.
“The firm has adapted well to clients’ needs in a changing legal market and has developed a real presence in the region. It is truly an exciting time to be getting even more involved.”
Head of Marketing Mark Harman said “We are extremely grateful to everyone who attended and helped make the evening a huge success, and for digging deep to raise money for The Rainbow Centre”.
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Happenings in Hampshire
MOORE BLATCH MAKES KEY APPOINTMENT AS EXPANSION CONTINUES Managing partner David Thompson said the appointment of Clare as marketing director was an integral part of the firm’s ongoing development plans and her experience within the professional service sector will be invaluable as the firm looks to build on its current success. “2013 has been an exciting year for us with a number of business developments. We are delighted that Clare has joined us as we continue our plans for growth and expansion.” said David. In addition to four offices in Hampshire, the firm has opened a new office in the heart of the city of London to focus on corporate transactions. Clare Fanner
Leading law firm Moore Blatch has made a key appointment to strengthen its team. The firm, which has offices in Hampshire, Richmond and the City of London has brought Clare Fanner on board to drive the marketing strategy for the firm.
Moore Blatch has also expanded its presence in Richmond by merging with long standing property specialist – Saunders & Company, enabling the firm to offer a full range of legal services to companies and individuals in the area. Commenting on joining Moore Blatch, Clare said; “I am delighted to have joined such a progressive and ambitious firm. Moore Blatch has a well deserved and fantastic reputation and I am looking forward to helping to drive further growth for the firm through effective marketing and business development”. In her new role Clare will be working with Moore Blatch’s 28 business teams and will be involved in everything from brand management to marketing communications.
PENNINGTONS MANCHES PARTNER ELECTED NEW CHAIRMAN OF MULTILAW Charles Brooks, corporate partner at Penningtons Manches LLP’s Basingstoke office, has been elected as the new chairman of Multilaw, one of the world’s largest associations of independent law firms with 8,000 lawyers in 79 member firms in 68 countries. Currently a member of the Executive Council and the Finance Committee and chair of the Commission for the Future, Charles took over his two year role as chairman from Mark Lowndes of New Zealand firm, Lowndes Associates, at the Multilaw Annual Conference and AGM held in Buenos Aires, between 24 and 27 October 2013. Charles specialises in advising on corporate transactions, mergers and acquisitions, MBOs, private equity, joint ventures, reorganisations and start-ups and has a particular interest in legal and business structures. He qualified as a French avocat à la cour at the Paris Bar in 1993 and set up and headed the Penningtons Paris office between 1989 and 1994. Commenting on his appointment as Multilaw chairman, Charles said: “Following ten years as EMEA regional chair, I am honoured to have been elected by the Multilaw member firms to lead the association at this exciting point in its development. The association has expanded significantly over the last few years, recognising the need to service the international demands of clients. I look forward to continuing the development of Multilaw’s client service across the globe with a particular focus on quality.” Penningtons Manches has played an active role in Multilaw since it was set up in 1990. Partners Jon Heuvel and Saionton Basu are the leaders of the Labour & Employment and India Groups respectively.
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Happenings in Hampshire
HANNAH LISSETER JOINS GLANVILLES
MOORE BLATCH SOLICITORS RANKED LEADERS IN THEIR FIELD Leading law firm Moore Blatch is proud to announce that ten solicitors have been recognised as ‘leaders in their field’ in the Chambers UK 2014 Directory. acquisitions, Katherine Maxwell for employment, Debra Emery for family and matrimonial, Julian Parkes for real estate, Mark Osgood for restructuring and insolvency and David Thompson for transport and regulatory law.
David Thompson
Legal Firm GLANVILLES is pleased to announce that Hannah Lisseter has joined their Private Client team at their Newport, Isle of Wight office. Hannah brings with her many years experience and an excellent reputation in the legal market and will help develop the team on the
The legal directory, which is widely recognised as the ‘bible’ for selecting law firms, ranks firms following independent interview-based research with peers and clients. Rankings are based on key skills and attributes, including technical legal ability, professional conduct, client service, commercial astuteness, diligence and commitment. The solicitors from Moore Blatch recognised in the latest directory, include; Roger Bailey for corporate mergers and
The personal injury arm of the firm, Moore Blatch Resolve, also received recognition for its work, with Damian Horan highlighted as an expert for personal injury and Anne Cassidy, Paula Nash and Tim Spring for clinical negligence. The firm’s education team was ranked highly for its work with families across the UK. The directory describes Moore Blatch as highly regarded and well-established, with its solicitors offering client-focused and specialist advice. Commenting on the firm’s performance, managing partner David Thompson said: “This is great recognition for the exceptional team we have at Moore Blatch. These recommendations are testament to the dedication, commitment and outstanding levels of service we offer our clients, across a broad range of legal needs”.
GRAEME QUAR & CO WELCOME NEW FACES An expanding legal adviser to businesses across Hampshire and West Sussex has opened up a new division.
Isle of Wight.
in business law, we’d pass the work on to other legal firms.
Hannah said “I am delighted to be
“However, it was clear that we could develop this peace-of-mind service inhouse, once we had the right person in place. That person is Michelle, who is an expert in this particular field.
joining such a prominent local firm and look forward to help in further building the department”. Hannah is a Senior Solicitor with experience in Will writing, Estate and Trust Administration, Powers of Attorney and dealing with the affairs of the Elderly as well as undertaking Court of Protection work. In recent years her areas of expertise have continued to expand into the areas above as the needs of families become ever more complex. Having undertaken a private client conversion course she is now also a student Member of the Society of
Michelle Jenkins-Powell and Graeme Quar of business law firm Graeme Quar & Co Graeme Quar & Co is rolling out the service for wills and estate planning to existing and new clients across the region. Michelle Jenkins-Powell, a solicitor with a background in accounting, has been recruited by founder and managing director Graeme Quar to head up the venture. Graeme said: “My colleagues and I are were continually receiving requests from trusted clients to advise them legally on wills and the complex world of estate planning.
Trust and Estate Practitioners (STEP). “In the past, because we only specialise
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“With the launch of the division, it means we can offer clients the one-stop service they have been asking for.” Michelle lives locally and is a member of the Society of Trust and Estate Practitioners. She is the latest appointment at Graeme Quar & Co, which has had two years of record growth and is in its 20th year, with a 89% increase in staff numbers over the same period. The others are Kate Bradbury, a specialist in franchise agreements and other commercial contracts, Robert Harris, a consultant solicitor with 40 years’ experience in commercial property, corporate law consultant Lorna Palmer and Michael Dalton, a senior commercial property and business solicitor.
Happenings in Hampshire
WINCHESTER CATHEDRAL LEGAL SERVICE It was a wet Sunday morning in October when my partner Sandra and I went to the annual Legal Service in Winchester Cathedral. For once we were able to drive into Winchester without any traffic congestion and parked for free in the multi-storey car park. I went outside to take photographs of the procession as it arrived. Despite the pouring rain the dignitaries marched across the Cathedral Close. I had no idea how many people in such magnificent costumes took part in our procession in Hampshire. The High Sheriff, Probation Officers, Judges, Lord Mayors, Lady Mayors, The heads of legal services for Hampshire, Southampton and Winchester; the Judges in their red robes and full bottom wigs, a few Barristers, and, towards the end, the solicitors wearing simple black gowns. Nick Gurney-Champion former President of Hampshire Law Society spoiled the dignity of the occasion by making a rude sign at me as I took his photograph. He was followed by Rod Hursthouse, our current president, wearing his chain of office.
As we approached the Cathedral we followed a distinguished elderly gentleman wearing a suit and walking with a firm stride. He gave every appearance of being one of Her Majesty’s Judges. While waiting for the service to commence we took our seats in the Cathedral and I had time to find Jane Austen’s tomb. All that marks the final resting place of one of England’s greatest novelists is a simple engraving on the floor of the Cathedral with her name and dates of birth and death. It does not note her profession.
The dignitaries took their seats at the front of the nave. They processed in to magnificent organ music. The service proceeded. Although it was the normal Sunday service for Winchester Cathedral, there were many elements which were specific to the law: the hymns, the prayers, the address, the lesson. The High Sheriff himself only spoke briefly to read a lesson. But in the sermon the officiant talked about the nature of the law and about the nature of the work we do as lawyers. He talked of access to justice, about the necessity to have rules in a society and about the impact of the failure to adhere to those rules upon society. I felt that someone was standing up for lawyers. Not complaining about them, not complaining they were overpaid but reminding us that what we do serves a greater good. When I left the cathedral that morning, even though the rain was still falling, I felt a spring in my step. I felt proud of the work we do as lawyers.
Simon Whipple
RESOLVE UK MAKES KEY INTERNATIONAL APPOINTMENT A leading Ministry of Justice approved mediation provider Resolve UK has appointed Renate Herrmann to its Mediation & Arbitration Panel. Renate Hermann has more than 25 years experience of international banking and international trade. She is bilingual in both English and German and has worked at Landesbank Berlin, ABN Amro, Fortis Bank and Standard Chartered Bank in London.
Renate Herrmann is also a coffee grader at the London LIFFE-exchange. She is currently involved in the development of a software platform for the coffee and cocoa industry to facilitate the more effective monitoring and administration of product storage and shipment
Renate has particular expertise in resolving commercial trading, shipping, transportation, storage and trade finance disputes. She has worked in markets from as far afield as China, Russia, Africa and Europe to the USA and Brazil.
Russell Evans said “We are delighted to welcome Renate to our panel. Renate has significant experience of international trade, dry cargo shipping under charter parties and bills of lading as well as cargo insurance policies. Renate significantly strengthens our international dispute resolution capability.”
Resolve UK Manager and Mediator Russell Evans who has judged the national final of the UK Mediation Competition said “We are committed to helping solicitors and their clients resolve conflict in a productive and cost effective way.”
Mediation will help parties avoid the cost sanctions outlined in PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288.
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Education & Training
HAMPSHIRE LAW SOCIETY’S
CPD PROGRAMME
Are you achieving your CPD hours – remember that your records can be checked at any time by the SRA
PROPERTY TAXES, A REFRESHER, TO INCLUDE VAT, SDLT AND CGT
Did you know that Hampshire Law Society provides a programme of top quality accredited lectures throughout the academic year and offers: • Some of the best known speakers on the circuit • Local venues avoiding costly train fares and unnecessary time out of the office • Competitive pricing compared to the commercial providers with additional discounts for multiple bookings • Convenient afternoon sessions • Most areas of law covered plus professional practice topics
Accredited for 3 hours CPD Date: Tuesday 4 March 2014 Time: 1400 - 1700 Venue: Holiday Inn, Leigh Rd, Eastleigh SO50 9PG Speaker:Paul Clark
The cost to members of a single 1.5 hour evening lecture remains at £40.00 and for a single 3 hour lecture £75.00. We have also for this year introduced a new “Smart Scheme” for members which offers substantial savings on multiple bookings thus rewarding our most loyal customers/firms. The prices for non members are £55.00 (1.5 hours) and £115.00 (3 hours). Non members attending just one of our seminars will be offered free membership of Hampshire Law Society for 2014 and therefore will qualify for the further discounts available.
Paul Clark has been a commercial property solicitor for over 40 years. He is an expert on many aspects of commercial property law and is a popular and engaging speaker. sponsored by Wilkins Kennedy
FORTHCOMING LECTURES CURRENT PROBLEMS FACED BY PRIVATE COMPANIES
CRIMINAL LAW UPDATE
Accredited for 3 hours CPD Date: Tuesday 28 January 2014 Time: 1400 - 1700 Venue: Ageas Bowl, Botley Road, West End, Southampton, SO30 3XH Speaker:Ray Snow Ray Snow formerly a Reader in law at the College of Law has lectured extensively on company, commercial, tax and employment law matters and is a past contributor to Butterworths.
Accredited for 3 hours CPD Date: Tuesday 25 March 2014 Time: 1730 - 1900 Venue: Ageas Bowl, Botley Road, West End, Southampton, SO30 3XH Speaker:Anthony Edwards Anthony Edwards is a duty solicitor and a supervisor for very high cost criminal cases. He is a higher courts advocate in the criminal courts. He has substantial experience of acting in protected witness cases including the largest in recent years. He writes and lectures extensively and is a visiting professor at Queen Mary, University of London.
KEY POINTS This seminar will look at a number of likely scenarios which could cause problems for private/family run companies. To include communications with members, general meetings and written resolutions and complaints against the directors/company. Particular consideration will be given to:• Appropriate amendments to current Articles which use Table A; • Conflict situations for Directors; • Directors’ service contracts and termination payments; • The current approach to financial assistance; • Reduction of share capital; • Use of Shareholders’ Agreements.
KEY POINTS This course is part of a rolling programme enabling criminal law solicitors to keep up to date with developments in the law. The material is revised and re-written every 6 months and covers all aspects of the criminal process from investigation to final review. • Legal aid and costs • Criminal investigations • Procedure • Evidence and sentencing
COURTS OF PROTECTION AND OTHER ISSUES
CURRENT ISSUES IN WILLS, TRUSTS AND SUCCESSION
Accredited for 3 hours CPD Date: Tuesday 25 February 2014 Time: 1400 - 1700 Venue: Holiday Inn, Leigh Rd, Eastleigh SO50 9PG Speaker:Judge Denzil Lush Judge Denzil Lush was admitted as a Solicitor in 1978. He was formerly a partner in Anstey & Thompson Solicitors, Exeter and was a part-time chairman of the Social Security Appeals Tribunal before being appointed Master of the Court of Protection in 1996. He became the senior judge of the Court of Protection when the Mental Capacity Act came into force in 2007.
Accredited for 3 hours CPD Date: Tuesday 22 April 2014 Time: 1400 - 1700 Venue: Holiday Inn, Leigh Rd, Eastleigh SO50 9PG Speaker:Professor Lesley King Professor Lesley King is Private Client Practice Head at the College of Law, Bloomsbury. She is co-author of Wills, Taxation and Administration: A Practical Guide and editor of the Probate Practitioners Handbook. She is the wills and probate columnist for the Law Society Gazette and writes and lectures extensively.
KEY POINTS
• Recent case law and statutes • Avoiding problems and pitfalls • Best practice in light of the new wills accreditation scheme
• • • •
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Court of Protection Case Law update Best interests decision-making Lasting powers of attorney Financial abuse
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KEY POINTS
sponsored by Wilkins Kennedy
Education & Training
EMPLOYMENT LAW Accredited for 3 hours CPD Date: Tuesday 29 April 2014 Time: 1400 - 1700 Venue: Holiday Inn, Leigh Rd, Eastleigh SO50 9PG Speaker:Gary Self Gary Self makes regular appearances in employment tribunals around the UK for substantial organisations in both the private and public sector as well as for individual claimants. He has extensive experience in employment disputes within the police and a great deal of litigation experience in complex discrimination issues.
KEY POINTS An update on specific issues from this speaker, described in the Legal 500 as being “very good, one of the best on the western circuit for employment.
FAMILY LAW UPDATE Accredited for 3 hours CPD Date: Tuesday 13 May 2014 Time: 1400 - 1700 Venue: Holiday Inn, Leigh Rd, Eastleigh SO50 9PG Speaker:Judge Stephen Gerlis Judge Stephen Gerlis was appointed as a full time District Judge in 1988. He is also a Recorder in the County Court, Originally a Solicitor he was President of the West London Law Society, Chairman of the London Association of District Judges and a member of the advisory group on Judicial Appointments. He is a frequent contributor to the Law Society’s Gazette and lectures widely on a range of subjects surrounding the work of the county court
AFTER HOURS YOUNG PROFESSIONAL NETWORKING MEETING THURSDAY 23 JANUARY 2014, 1730 - 2000 BARCLAYS BANK, BARCLAYS HOUSE, OCEAN WAY, SOUTHAMPTON SO14 3XB CROSSING THE WORLD BY TUK TUK Motivation, inspiration, two words which we hear a lot of but what do they mean in reality? Come along and hear why two teachers driven by their passion to promote and advance education worldwide embarked on this unique adventure through some of the most challenging and diverse environments, countries and cultures on the planet. Find out what inspired Rich and Nick to dream up this challenge, how they turned the dream into a reality, how they faced the inevitable challenges and what motivated them to fulfil their adventure The plan for the evening is as follows 17:30 Arrival drinks and networking 18:30 The tuk tuk challenge 19:15 Short address from Hampshire Law Society 19:30 Drinks and after hours networking 20.00 Depart There is no charge for this event, places are limited and will be allocated on a first come first serve basis. If you wish to attend, please email Nicola Jennings on administration@hampshirelawsociety.co.uk.
KEY POINTS District Judge Gerlis trawls through family law during the past year to bring you an insight into the most important and relevant cases and changes in the law affecting children and matrimonial disputes. He will also deal with Family Law in the new world of no legal aid and increased costs scrutiny.
HAMPSHIRE LAW SOCIETY (IN ASSOCIATION WITH RICS HAMPSHIRE) PRESENTS
FLOOD THURSDAY 20 MARCH 1745 - 1915
CIVIL LITIGATION UPDATE Accredited for 3 hours CPD Date: Tuesday 20 May 2014 Time: 1400 - 1700 Venue: Holiday Inn, Leigh Rd, Eastleigh SO50 9PG Speaker:Andrew McLoughlin Andrew McLoughlin has been a Solicitor in private practice since 1983. He has been granted Higher Rights of Audience for civil and criminal proceedings and sits as a Recorder in the crown and county courts
KEY POINTS • • • • • •
Part 36 Update Practice and Procedure Update Impact of Jackson and associated Reforms Making the most of your witnesses Proportionality – new definition in practice Disclosure – traps for the unwary
To register your interest and to receive further information please contact Nicola Jennings on administration@hampshirelawsociety.co.uk
PARIS SMITH, 1 LONDON RD, SOUTHAMPTON SO15 2AE This one hour CPD presentation will provide professionals with a very broad understanding of types and causes of flooding and will include: • Types and causes of flooding including Fluvial, Pluvial and Tidal plus Groundwater • Law Society Flood Practice Note Update – why and what this will mean • Statement of Principles between ABI and the Government – current situation/update regarding insurance • Data used by GroundSure • Case studies • Media coverage Speaker: Wilfred Gomez, GroundSure 1745 Arrival 1800 Presentation 1900 Q&A Delegate fee
Members £15.00 Non members £20.00
For full information please email Nicola Jennings on administration@hampshirelawsociety.co.uk This event provides 1 CPD points (CPD reference FQ/HILS)
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Education & Training
HAMPSHIRE LAW SOCIETY PRESENTS
HAMPSHIRE LAW SOCIETY
CLIENTS LOVE THEM OR LOSE THEM
ANNUAL DINNER
THURSDAY 6 FEBRUARY 2014, 1700 2000
BOND DICKINSON, OCEANA HOUSE, 39-49 COMMERCIAL ROAD, SOUTHAMPTON S015 1GA Do you know if your aspiration as a business of giving great service (almost all Law Firm websites say they do) to clients is being carried out? Do your fee earners convert good enquiries by using subtle but good sales skills? Do you know what your enquiry conversion rate is, either at department or practise level? Do you know if your premises, and the initial impressions given by staff really impress potential clients? Do you know if you win or lose business because of the way staff explain fees/costs? If the answer to any of these questions is NO, then this seminar is for you. Shopper Anonymous, mystery shop and train over 100 law firms across the UK, and have learned lots during the process. For instance: • One firm told us they have no idea what happens if people respond to an advert, they only surface if they become a client • Another realised they were wasting scarce marketing resource by poorly responding to certain types of enquiry • In another, the route to speaking to an expert was time consuming and likely to lose potential clients, carried out by staff who were less than welcoming The legal market is changing and the pressure is on particularly small/medium sized legal firms due to increased compliance, the economic downturn and increased competition from new entrants, larger merged firms, and firms backed with outside investment Many firms tell us they cannot afford to lose potential clients, and need better understanding of the processes that attract, keep in touch with, and retain as many new clients as possible. We invite you to an accredited 2 hour seminar which explores the following: • The rationale for great client service and good sales skills in Law firms • What our experience has shown – standards of service, levels of recommendation • Key learning points – what great service looks like and what subtle sales skills are necessary • Our Top tips for improvement In our experience, this is a key area of competition, it is an area where practices pay little attention to, and hence it is essential digest for practise managers, senior partners, operations managers, marketing managers/partners, and fee earners who want to improve their conversion rates. 1700 Arrival with tea and coffee 1715 Presentation 1915 Networking refreshments 1800 Close
22 MAY 2014 WINCHESTER SCIENCE CENTRE, WINCHESTER £42/HEAD WITH DISCOUNTS FOR A FULL TABLE
Hampshire Law Society warmly invites members and their guests to the Annual Dinner, the leading black tie event in the local legal calendar, on Thursday, 22nd May 2014. Guests include the Chairmen and Presidents of other professional associations and Past Presidents of the Society, Presidents of neighbouring local Law Societies as well as representatives from the local business community. The dinner is a black tie event. The evening commences at 7.00pm with a drinks reception with dinner starting at 8.00pm. The estimated time for carriages is 11.00pm. There will be a respected and relevant after dinner speaker who will provide an informative and entertaining interlude during the evening.
Winchester Science Centre is the unique and exciting setting for this year’s annual dinner to be held on 22 May 2014. Guests are welcome to explore the 100 interactive hands on science exhibits prior to sitting down to a 3 course dinner to the usual standard
The Annual Dinner is the most prestigious event in the Law Societies calendar so book your places now. There are discounts for booking a full table.
Numbers are limited so don’t miss out and book today Delegate fee
Members £10.00 Non members £15.00
To book your place please contact Nicola Jennings on administration@hampshirelawsociety.co.uk
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Please contact Nicola Jennings for more information administration@hampshirelawsociety.co.uk
Social Events
MEMBER LUNCHES After a successful series of networking lunches held during 2013 throughout the county these are planned as follows:
WINCHESTER
13 February 2014 Winchester Royal Hotel ANDOVER 28 February 2014 Hampshire Golf Club PETERSFIELD 21 March 2014 PORTSMOUTH 12 June 2014 SOUTHAMPTON 26 June 2014 These informal lunches are an ideal opportunity to network with your colleagues and chat about issues of mutual interest affecting your profession whilst enjoying a 2 course lunch with coffee. A member of the Hampshire Law Society committee will be on hand to discuss any queries you may have on your membership. CPD opportunities may also be provided by Wesleyan for Lawyers Cost ÂŁ15.00 for members and non members to include a 2 course lunch with coffee Further details will be emailed to all members within the relevant geographical location in due course. In the meantime if you have any queries or suggestions for alternative locations please email Nicola Jennings on administration@hampshirelawsociety.co.uk
OPEN LUNCHES In addition to the regular member lunches it is proposed that There should be an open lunch every three months to which all members of Hampshire Law Society are welcome to attend but with a particularly warm invitation expressed to current and past committee members. There will be no set format to the lunch and no agenda. However either the President, Vice President or Deputy Vice President will be present and will make a short presentation about the work of the Society in the last quarter. There will then be an opportunity for networking among members and for them to feed back to the President or his Deputy with any views as to future action within the Society. It is suggested that this would take place at a pub somewhere near the intersection of the M3 and M27, such as The John Barleycorn in Cadnam. A private room will be booked but members will be invited to purchase their own lunch.
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Education Feature
WINCHESTER LAW: FROM STRENGTH TO STRENGTH The law department at the University of Winchester which launched in 2008 is continuing to go from strength to strength. Undergraduate students have been particularly successful in a host of national and international skills-based competitions. In 2013 they were winners of the National Client Interviewing Competition and were highly placed in the subsequent International Client Interviewing Competition which took place in Glasgow. The also won the 5th UK National Mediation Competition. This year the Law Department has already won the INADR outstanding new mediation program. Head of Law, Helen James, said “we are extremely proud of our students, they compete against some longest established university law teams in the country. This really highlights the value of the skill embedded within our law programmes”. appears to reduce comfort levels significantly. To increase levels of trust, public bodies could consider avoiding use of the term ‘sharing’ (which in many cases will be an inaccurate description) and concentrating on making clear the reasons for disclosure and the corresponding reasons for obtaining data (reflecting the way that much of the law in this area is expressed)’. The Centre is now to host The Winchester Conference on Trust, Risk Information and the Law on 29 April 2014. The conference, which is accredited for solicitors’ CPD, aims to explore the way that information is used and shared in today’s society, the challenges of the assessment of risk, the impact on privacy, the law’s response and the way that a multi-disciplinary approach can facilitate solutions. Matthew Reed, Chief Executive of the Children’s Society, will open the conference with a plenary address on the role of trust and information in assessing risk and protecting the vulnerable. Norman Fenton, Professor of Risk Left to right: students Rebecca Clarke and Amy Gallagher Building on this success the department launched its new Centre for Information Rights in September 2012. The launch event was attended by a capacity audience of lawyers, academics, local businesses and public sector representatives. It was chaired by Jos Creese, CIO of Hampshire County Council and featured a keynote speech by Victoria Cetinkaya, Senior Policy Officer from the Information Commissioner’s Office who said: “The Information Commissioner’s Office is the authoritative arbiter of information rights. We therefore welcome the University’s work to raise awareness and understanding of this important subject matter, which increasingly impacts on all of our lives.” Left to right: Simon Stokes of Blake Lapthorne Solicitors, Marion Oswald, Josh Creese of Hampshire County Council, Victoria Cetinkaya of the Information Commissioner's Office. Information Management at Queen Mary University, will provide a keynote speech on improving probability and risk assessment in the law. The final plenary session will include discussion of anonymisation of personal data, led by a panel of experts in the statistical, computer science, technology and legal fields. Topics for the breakout sessions include open data, trust & transparency, data linking, forensic and genetic information and multi-agency information sharing.
Since its launch the Centre has become increasingly active in research, consultancy and training in the area of information rights. In April 2013 the Centre ran a seminar exploring datasharing and the vulnerable. This continues to be hugely topical in the wake of a number of serious case reviews, Operation Yew Tree and inquiries into the activities of a number of Healthcare Trusts, such as the Francis Report into Mid-Staffordshire NHS Foundation Trust. Speakers included, Jerry Brady of Dorset Children’s Services who spoke about the challenges and the necessity of data-sharing between agencies in order to facilitate child protection. Helen James, an expert in medical and mental health law, spoke whistleblowing in the NHS and the desperate need for a radical shift in the pervading culture of secrecy. Marion Oswald, Head of the Centre, has recently conducted research into attitudes to the sharing of personal data with public sector bodies: ‘On the face of it, our results show that people are comfortable with personal data being used for altruistic or public purposes, but using the term ‘sharing’
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In September 2014 the Department is delighted to launch two new LLM programmes, one in Intellectual Property and Information Rights and the other in Medical Law and Ethics. Designed to appeal to students seeking to combine work with high level study, both will be delivered by subject expert academics and practitioners on a part-time basis, through a combination of Friday/Saturday face to face tutorials, spaced across two academic years and supported by online materials and independent study. Helen James commented “2014 is set to be a most exciting year for all involved with the law department here at the University of Winchester – I am extremely pleased and proud to be a part of such a dynamic team”. Conference bookings can be made at http://store.winchester.ac.uk. Inquiries should be addressed to marion.oswald@winchester.ac.uk. For further information about either of the LLM programmes contact marion.oswald@winchester.ac.uk or helen.james@winchester.ac.uk.
News
PAUL DUCKWORTH COMMENTS... This is his initial reaction to the Chancellor's Autumn Statement, announced to Parliament on Thursday, December 5th: “The Autumn statement came a day late this year, but there were some very pleasing announcements with the personal income tax allowance finally increasing to the magic £10,000 (from April 2014), and reductions on employers’ National Insurance contributions in respect of youngsters which should help school leavers find employment, and those employing them. “But some of the changes will not be effective straight away, so sound good but we won’t see the benefit just yet. "The Chancellor is still cracking down on tax avoidance which overall is welcome, but his estimates of additional tax to be collected seem very ambitious based on previous attempts. Indeed most of what was announced had already been reported in the press. Paul Duckworth, tax partner at the South Coast office of Smith & Williamson, the accountancy and investment management services group, in Southampton.
"The Chancellor said the country was confident in the next generation, I’m just not sure they will get to retire in time to enjoy it."
LSB RECOMMENDS LORD CHANCELLOR TO GIVE CILEX LAWYERS FURTHER INDEPENDENT PRACTICE RIGHTS The Legal Services Board (LSB) has today announced its approval of ILEX Professional Standards’ (IPS) applications to enable it to authorise members of the Chartered Institute of Legal Executives (CILEx) to practise independently in Probate and Conveyancing, paving the way for CILEx members to practise independently in all areas of law. The decision now goes to the Lord Chancellor, Chris Grayling, and for subsequent parliamentary approval, anticipated during the course of 2014.
independently in their area of specialism will stimulate the consumer legal services industry, create a more innovative market, and better meet consumer needs.”
If approved, members authorised by IPS will be able to practise independently in their chosen specialism, benefitting thousands of law firms and consumers.
Stephen Gowland added: “In order to set up my own firm I had to dual qualify as a solicitor, despite being qualified already through CILEx. When approved, these changes will help create new businesses, offering good value for consumers and serving communities.”
IPS Chair Alan Kershaw said: “This is a special day for IPS and CILEx. We have cleared a significant hurdle and now we hope the Lord Chancellor and Parliament will move swiftly to approve these changes, opening the way for CILEx members to run their own businesses. CILEx members are specialists who are trained on the job and regulated to a robust standard. They have already been doing this work for years. IPS’ regulation will continue to develop in line with these changes in a risk-based and outcomesfocused manner, promoting the interests of consumers.” CILEx President Stephen Gowland welcomed the announcement: “The LSB’s recommendation brings us closer to cutting the red tape that prevents CILEx members from serving the public to the utmost of their abilities. Allowing our experienced lawyers to practise
The decision announced today specifically relates to Probate and Conveyancing practice rights, and will allow IPS to regulate entities operating in these areas. Consequent decisions on rule changes for Litigation and Immigration services are expected shortly. Currently, CILEx members are able to conduct many reserved legal activities only under the ‘supervision’ of an authorised person, most commonly a solicitor. If approved by the Lord Chancellor and Parliament, IPS will be ready to approve applications for authorisation for both individuals and entities in early 2015. IPS will apply in due course for CILEx to be able to license alternative business
Alan Kershaw, IPS Chair structures managed or owned by nonlawyers. That application, like the present one, will need to be approved by the LSB.
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Professional Practice
“TAKE NOTE!” I have been drafting bills of costs for more than 30 years, but it never ceases to amaze me how blasé many solicitors are about noting their files - or more to the point, not noting their files. Fee earners work for nothing unless they have razor sharp memories and can remember what they did, and when they did it, on every file over several months. Not a gift many of us are blessed with. Time is, after all money, and not noting it costs. So l have adapted a File Management Note that I previously put up on our website into an article to try to assist. This ‘guide’ is primarily aimed at the situation where a bill of costs will ultimately need to be assessed on a litigious file, but is also useful for more general file management. There is a similar note on our website dealing with nonlitigious matters in the Court of Protection - see the ‘Resource Centre’ page on our website. To cut to the chase, here are some basic points on file noting. 1. Always prepare a brief note for the file of what work was done. Do not rely upon computer entries. 2. Be succinct - you can summarise the content of a longer note should you need the latter for the file. 3. Note different elements of work separately. It is difficult for the cost draftsman tasked with preparing the bill to apportion times between different classes of work when global times are given. So separate out the following elements:• • • • •
Attending people Drafting documents Dictating long letters Dictating file notes Travelling
-
who, why and length of time what and length of time to whom and time spent about what and time spent the reason and time spent
4. Try not to duplicate work done by others. If it is essential to look at something someone else has done, say why. If you cannot justify it personally, what hope has the draftsman of doing so when preparing the bill or appearing at an Assessment Hearing? 5. Note time that you have not claimed on file so that the Court can see that you are not seeking costs to which you do not think there is an entitlement. For example, ‘reading in’ and copying are both items which should not be claimed for, but one should note the time spent on file and say ‘not claimed’. This will show the Costs Judge that you are not trying to wring every last penny from a case. In showing that you are doing unpaid work it might, perhaps, make it less likely that the Costs Judge will disallow other work. 6. Explain unusual courses of action in file notes - for example, the reason why you needed to see a particular witness more than once in quick succession was because they were going abroad and their statement needed to be perfect before they went, perhaps.
work. If the fee earner cannot be bothered to note what they are doing and the reason why they are doing it, why should the Judge be troubled to spend time searching for nonexistent notes or deciphering poorly prepared ones (they won’t!). 9. A Costs Judge will expect you to use the lowest grade of fee earner it is possible to use and still conduct matters properly. A court will not usually allow Partner rates for work a Trainee could have done. If there is any reason why a Trainee could not have done a task usually suited to them, say why. 10. Consider that to achieve the goal of making the Costs Judge’s job easy, it helps to make the Costs Draftsman’s job easier too. The same thing applies to them in relation to searching for notes and such like - it is difficult to draft a robust bill if the file is not noted properly and will also be more time consuming for the draftsman to complete their work. This leads to higher fees and bills that are likely to be more heavily reduced on assessment than would have been the case if supported by a better documented file. 11. When noting work, it is a good discipline to place yourself in the position of the Costs Judge who will ultimately be deciding if the work was reasonably done and is reasonable in amount. Ensure that the note you are preparing properly explains why this is so. If there is anything unusual about the work done, make the note more detailed. If there is any doubt in the Costs Judge’s mind about whether costs were reasonably incurred or reasonable in amount, on the standard basis of costs assessment he will disallow them. More of the work done should be allowed once you are in the habit of noting properly and adopting the mind-set of a Costs Judge when preparing your notes.
7. Explain in file notes the reason why any particular piece of work took longer than one might have expected it to otherwise the Costs Judge may think you are inefficient and disallow time.
The final thought I would like to leave you with is this - that the imperative is, please make a note, just that - make a note! Any note is better than none. Once in the happy habit of effective noting, like with anything else it is hoped that practice will make perfect. The basic points I have set out here should help. They are by no means a complete recipe for the perfectly noted file, but they are at least a start along the way. Reading and thinking about effective file noting is in itself a positive step and one that might ignite a spark of inspiration as to how you can improve your own noting.
8. Make it easy for the Costs Judge to do their job. If they have difficulty finding a note of what was done, or understanding why it was done, they will not trouble and may disallow the
Adrian Chard is a Costs Lawyer and a Director of Bedson and Chard Ltd Law Costs Draftsmen, a firm established more than 30 years ago.
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News
INTONATION STRENGTHENS ITS PRESENCE IN THE CREATIVE SECTOR WITH ACQUISTION OF UPS TRANSLATIONS Leading translation company Intonation has acquired UPS Translations – one of the oldest language service providers in the industry. The deal will strengthen Intonation’s reputation in the creative sector and also contribute to its mainstream client base in the legal, financial, engineering, patent and medical industries. The parent company of UPS Translations, United Publicity Services PLC, was launched in 1947 by the Silver family and quickly established a reputation for providing specialised communication services, including accurate and detailed translation services for film, radio and TV. It grew to be one of the UK’s most recognised translation brands working for organisations such as film production company, Working Title, on projects from subtitling and copywriting to dubbing.
longest standing language providers and is a very well respected brand, both in creative and mainstream circles. “We are extremely pleased to have acquired a business which bolsters our presence in the creative sectors and further afield. “The acquisition marks an excellent start to 2014 as we continually strengthen our reputation for providing clear, accurate and efficient language services for individuals and companies in the UK and beyond.”
Justin Silver, Managing Director of UPS, is overseeing the handover of the family business, which will operate under the Intonation brand - Intonation incorporating UPS Translations.
Justin Silver added: “My father established UPS Translations in London to deal with the growing capabilities of mass media. He established a reputation for providing responsive, accurate and mother tongue translations for the creative sector which endures to this day.
Dan Peachey, Translation Manager at Intonation, based in Fareham, Hampshire, said: “UPS Translations is one of the
“Intonation’s acquisition of the business will ensure the values and integrity of UPS Translations will continue into the future.”
PARIS SMITH ADVISE LIVINGSTONE LEISURE ON ITS ACQUISITION OF CORNWALL'S FLAMBARDS THEME PARK Paris Smith’s insolvency and property teams have advised Livingstone Leisure Limited on the pre-pack administration acquisition of Flambards theme park which is based in Cornwall, UK Ian Cunningham (Director, Livingstone Leisure Limited), cofounder of Blue Reef Leisure and former operations director at the Eden Project comments that “We’re delighted to be able to officially announce the acquisition of Flambards. Great leisure opportunities are hard to find and so we’re very excited to have been able to acquire such a fantastic park with so much opportunity. We are looking to develop the park and museums over the coming months to greatly enhance visitor experience”. Richard Atcherley (corporate and insolvency) led the team in relation to the acquisition and finance arrangements for the transaction. Joanne Spittles advised on property matters, David Roath on the employment aspects of the deal and Mike Pavitt on technical insolvency issues. Cunningham said: “I have been delighted with the skill and professionalism the team at Paris Smith has shown in helping us complete the acquisition with the added pressure of a compressed timeframe. I wouldn’t hesitate to recommend Paris Smith to others looking for similar expertise.” Flambards was originally owned by the Kingsford-Hale family since 1976, with the family developing the site into a 27-acre attraction offering visitors access to rides and museum exhibits.
Richard Atcherley, Associate Company & Commercial Team Paris Smith
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Professional Practice
SEARCH ENGINE RETURN POSITIONS AND LINK POPULARITY In the near future, Hampshire Incorporated Law Society will have a completely redesigned website. spot” for our favourite search phrases will become increasingly severe. To stay top, and to strengthen the position where we are weak, continuous work is needed. This in turn requires some understanding of how Google works. In deciding how to rank the millions of different websites, Google uses a complex mathematical formula, called an “algorithm”. Precisely how it works is a closely guarded secret. But if you look on the Internet, there are numerous self appointed experts, who all have pet theories about how best to win Google’s favour.
Our web design company Siteweave are currently working on this, and the new design will be placed on their test server shortly. It is likely to look like this. Our website has always had two main purposes. • The first purpose is to disseminate information about our training, campaigning, social and other activities. • The second purpose is to help members of the public to find a solicitor, should they require legal help. Although there is no way of proving this conclusively, it is hoped that ordinary members of the public when searching for a solicitor will be reassured by the respectability of firms associated with HILS. With this in mind, our website was designed from the outset to attract specific keyword searches, using the word “lawyer”, together with the name of a Hampshire town. For example, if you do a Google search for “Southampton lawyer”, our HILS website is number 1 in the Google search engine return positions, or SERPS. If you do a Google search for “Portsmouth lawyer”, our HILS website is similarly number 1 in the Google SERPS. We are number 1 for “Winchester lawyer”, but only number 6 for “Basingstoke lawyer”. Hopefully as a result of these positive search engine results, HILS members should be getting new work leads. Historically, it seems that over the last few years, more and more people have been turning to the Internet to obtain information. As a result, competition to get to the “top
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Google currently appears to favour in particular those websites with large numbers of relevant “back links”. According to the theory, if a website is a good one, then everybody will want to link to it. In this way, the most popular websites, such as an meteorological office, the BBC etc, have thousands of incoming links. The Google algorithm appears to recognise this. It rewards “popular” websites by boosting their ranking in the search engine return positions. So to maintain and strengthen the search engine popularity of our HILS website, ideally we need all Hampshire solicitors to send links. I do this from my website. However as far as I am aware, nobody else appears to be doing so. Accordingly I would urge all Hampshire solicitors to speak to their website managers and invite them to place a link from their respective home pages, to www.hampshirelawsociety.co.uk. With a good set of incoming links, our HILS website can hopefully go from strength to strength.
Boris Kremer
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Professional Practice
PGF II SA V OMFS, ITS IMPLICATIONS FOR CASE MANAGEMENT AND DISPUTE RESOLUTION The New Court of Appeal Mediation Directive I recently had the pleasure of speaking with Sir Bernard Rix. Lord Justice Rix, as he was, is one of the true visionaries in the civil justice system. Lord Justice Rix gave the seminal Judgment in Rolf v De Guerin in 2011. He also sat in the case of Burchell v Bullard in 2005 which endorsed the principle enunciated by Lord Justice Dyson in Halsey v Milton Keynes NHS Trust [2004] EWCA Civ 576 that: ‘All members of the legal profession who conduct litigation should now routinely consider with their clients whether their disputes are suitable for ADR.’ In Rolf v De Guerin [2011] EWCA Civ 78 Lord Justice Rix stated that: ‘Parties should respond reasonably to offers to mediate or settle and…their conduct in this respect can be taken into account in awarding costs.’ Indeed Rolf v De Guerin demonstrated the cost sanctions that could be imposed against a party who did not participate in mediation. Sir Bernard Rix believes that another milestone has now been reached with the landmark case of PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288 which was decided in October 2013. I share Sir Bernard’s view as do most leading practitioners.
BACKGROUND TO PGF II The Claimant PGF II was the freehold owner of an office building at 33 Lombard St, London. The Defendant OMFS took assignments of leases for several floors of the Building. The leases which expired in 2009 imposed full repairing liability on the tenant, albeit limited to the interior skin of the office accommodation on the relevant floors. On expiry of the leases in 2009 the Claimant took issue as to dilapidations. A schedule of dilapidations was served and proceedings eventually issued claiming approximately £1.9 million. The Claimant made invitations to the Defendant to participate in Mediation on several occasions during the course of the proceedings with a view to resolving
the dispute. The Defendant failed to respond to such invitations. Both parties made Part 36 offers. In its skeleton argument, exchanged the day before trial, the Defendant for the first time took the point that an airconditioning system in respect of which about £250,000 was claimed by way of dilapidations did not form part of the demise. The Claimant responded by accepting the sum set out in the Defendant’s Part 36 offer made almost 9 months before. Approximately £500,000 of costs was incurred (£250,000 by each side) in the period between the relevant Part 36 offer and settlement and was accordingly at stake. Ordinarily the Defendant would receive its costs incurred after the 21 day expiry of its Part 36 offer until settlement. This was not however the approach adopted by the trial judge. In PGF II the trial judge Mr Recorder Furst QC, acceded to the claimant’s application for a costs sanction, on the ground that the Defendant had unreasonably refused to mediate, by depriving the Defendant of the costs to which it would otherwise have been entitled under Part 36. The Defendant appealed. Permission to appeal this ADR point was granted by Lord Justice Gross on the ground that the application of the Halsey case to the facts might be of potentially wide importance.
QUESTION FOR THE COURT OF APPEAL What should be the response of the court to a party which, when invited by its opponent to take part in a process of alternative dispute resolution (“ADR”), simply declines to respond to the invitation? As the Court of Appeal noted in its introduction ‘an unreasonable refusal to participate in ADR has, since 2004, been identified by this court as a form of unreasonable conduct of litigation to which the court may properly respond by imposing costs sanctions.’
PART 36 Part 36 is designed to encourage parties to make, and promptly to accept, realistic offers of settlement. Part 36 was described as lying at the interface between litigation and ADR. CPR Part 36 lays down automatic costs consequences where a Part 36 offer is accepted and where at trial a claimant fails to improve upon it. In the latter case, rule 36.14(2) preserves the court’s discretion to order otherwise where “it considers it unjust” to make an order as prescribed by the rule.
Lord Justice Briggs
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Approach of the Court of Appeal in PGF II The Court of Appeal examined the Jackson reforms, the development of
Lord Justice Rix Mediation in the 9 year period since Halsey, its documented success in resolving disputes and the ADR handbook published in 2013. As Lord Justice Briggs observed the ‘advice may fairly be summarised as calling for constructive engagement in ADR rather than flat rejection, or silence.’ The court referred to research from CEDR and others demonstrating the clear evidence of success of mediation in resolving disputes. Even as long ago as 2005 Lord Justice Ward was warning practitioners in Burchell v Bullard [2005] EWCA 358 to pay heed to mediation: ‘Halsey has made plain not only the high rate of a successful outcome being achieved by mediation but also its established importance as a track to a just result running parallel with that of the court system. Both have a proper part to play in the administration of justice. The court has given its stamp of approval to mediation, and it is now the legal profession which must become fully aware of and acknowledge its value. The profession can no longer with impunity shrug aside reasonable requests to mediate. The parties cannot ignore a proper request to mediate simply because it was made before the claim was issued.’ Lord Justice Jackson’s report into civil litigation, emphasizing the need for proportionality was described as a clear endorsement of ADR and the Court of Appeal referred to an ever-increasing responsibility on parties to civil litigation to engage in ADR. Lord Justice Briggs noted that it would ‘be perverse not to regard silence in the face of repeated requests as anything other than a refusal’ to mediate.
JUDGMENT Lord Justice Briggs giving judgment in PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288 stated: ‘In my judgment, the time has now come for this court firmly to endorse the advice given in Chapter 11.56 of the ADR
Professional Practice
Handbook, that silence in the face of an invitation to participate in ADR is, as a general rule, of itself unreasonable, regardless whether an outright refusal, or a refusal to engage in the type of ADR requested, or to do so at the time requested, might have been justified by the identification of reasonable grounds.’ Lord Justice Briggs concluded by sending a clear message to legal practitioners and their clients: ‘Finally, as is recognised by the weight placed on the judge’s decision in the passage in the ADR Handbook to which I have referred, this case sends out an important message to civil litigants, requiring them to engage with a serious invitation to participate in ADR, even if they have reasons which might justify a refusal, or the undertaking of some other form of ADR, or ADR at some other time in the litigation. To allow the present appeal would, as it seems to me, blunt that message. The court’s task in encouraging the more proportionate conduct of civil litigation is so important in current economic circumstances that it is appropriate to emphasise that message by a sanction which, even if a little more vigorous than I would have preferred, nonetheless operates pour encourager les autres.’ Whilst Lord Justice Briggs may have imposed a less severe sanction on the Defendant, he regarded a sanction as appropriate and did not regard it as being outside of the discretion or reasonable range of responses of the trial judge. The Defendant was in consequence penalised its costs recited as £250,000 by failing to mediate.
THE PARTIES ARE TOO FAR APART!
CAN A MEMBER OF AN LLP BE TAXED AS AN EMPLOYEE? On 10 December, the draft 2014 Finance Bill was published and included the proposed legislation relating to “salaried members” of LLPs. The perceived tax avoidance from disguised employment within Limited Liability Partnerships (LLPs) has been a topic of much interest since HMRC released their consultation document, Partnerships: A review of two aspects of the tax rules, on 20 May 2013. Unsurprisingly, a large number of the responses received by HMRC in relation to this consultation (76% of the written responses) were for legal and accountancy firms and their relevant professional bodies, where it is common for a structure to include fixed profit partners. Currently, there is a presumption that all individuals who are members of an LLP are treated as self-employed for tax purposes, even if the terms of their engagement more closely resembles those of an employee. The effect of this is that a partner can receive more favourable treatment in terms of income tax and NICs than if they were considered an employee engaged under similar terms. The new draft legislation, which is to be contained within s863A863C of ITTOIA 2005, has the objective of removing the aforementioned presumption. It does so by setting out three conditions and where all of these conditions are satisfied, the relevant individual will be treated for tax purposes as an employee of the LLP rather than as a member of the LLP. These conditions are as set out below:
In PGF II when mediation was proposed the parties were approximately £500,000 apart. The Defendant argued that the parties were too far apart to engage in mediation and that mediation stood no reasonable prospect of success. That argument was roundly rejected by the Court of Appeal which took the view that there was ‘no unbridgeable gulf.’ Indeed the Court of Appeal described the dispute as ‘eminently suited to mediation.’ Few cases will be regarded as inappropriate for mediation.
Condition A - The member is to perform services for the LLP in his or her capacity as a member, and is expected to be wholly or substantially wholly rewarded through a “disguised salary” that is fixed or, if varied, varied without reference to the profits or losses of the LLP;
THE OUTLOOK
Condition B - The member does not have significant influence over the affairs of the partnership; and
The words of the Judgment are clear and telling and deserve reading. The Court of Appeal could not have delivered a clearer carrot and stick message. Mediation Works. Mediation should be used. Cost sanctions will be employed against those who do not pay heed to this message. Mediation will therefore be ignored at a party’s peril. PGF II signals a seismic shift towards regarding mediation as the starting point where parties have not otherwise been able to resolve their differences. Indeed Lord Justice Briggs clearly indicates that a failure to respond positively to an invitation to participate in ADR will, as a general rule, be considered unreasonable. PGF II signals a hard line approach by the judiciary to those who do not take dispute resolution seriously. Courts now expect parties to engage in serious settlement discussions and to engage in mediation. Indeed the Court of Appeal now appears to have decided that the default position is to impose cost sanctions in the event of a refusal to mediate. It is easy to see, within this context and in particular the adoption by the courts of a significant cost sanctions armoury, how a case could ostensibly be won and lost at the same time. It is important that practitioners take this to heart and actively engage in case management, case reviews, client dialogue, mediation and settlement discussions. A failure to do so will inevitably result in a surge of professional indemnity claims and complaints. We have come a long way since Halsey v Milton Keynes NHS Trust. Halsey began the trend towards encouraging parties to mediate. PGF II has taken this to a new level.
By Russell Evans, Mediator and Mediation & Arbitration Panel Manager at Resolve UK approved by the Ministry of Justice
Condition C - The member’s contribution to the LLP is less than 25% of the disguised salary. In condition A, a “disguised salary” is defined as: 1 A fixed sum, or 2 A variable sum, which is varied without reference to the overall profit or loss of the LLP, or 3 A sum, which is not, in practice, affected by the overall amount of the LLP’s profit or loss. With regards to Condition A, the view from HMRC is that “substantially” means 80% or more. In other words, in order not to be caught as a disguised salary, at least 20% of the Member’s expected income will need to be intrinsically linked to the profit of the LLP as a whole. It should be noted that a variable share based on individual or departmental performance is considered to be Disguised Salary. Condition B refers to a member having significant influence over the affairs of the partnership. HMRC accept that within a large LLP, it is highly unlikely that a member will have significant influence unless they sit on the Management Committee. However, for smaller firms, the operations of the LLP as a whole need to be considered. The test described by Condition C must be considered in each tax year or at any time when there is a change in the Member’s contribution to the LLP. It should be noted that HMRC consider that tax retention accounts do not amount to a capital contribution. Finally, specific anti-avoidance provisions have been implemented to prevent an affected individual from forming a company to enable a corporate member to act on their behalf. This legislation is due to come into force from 6 April 2014 and LLPs therefore have a limited window of opportunity to review their affairs. Wilkins Kennedy acts for a number of legal practices and would be happy to discuss the matter further with interested parties.
Laura May, Wilkins Kennedy Hampshire Legal
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News
RESIDENTIAL SNAPSHOT - looking better as the UK emerges from the worst severest recession of its kind in living memory.
COMMERCIAL SNAPSHOT - 64% of survey respondents feel the next five years will be a good time to invest.
Property professionals in the South are more upbeat about the future, according to the latest insight survey by accountancy and investment management group Smith & Williamson. Nearly 500 residential and commercial property executives were interviewed to gauge their thoughts for the firm’s 10th annual property survey, which provides a snapshot of market sentiment. Lawyers, developers, investors, agents and bankers took part, with the findings likely to resonate with colleagues across the Solent region as the UK emerges from the severest recession of its kind in living memory. Julie Mutton, a partner in Smith & Williamson’s assurance and business services team at the South Coast practice in Southampton, and a member of the firm’s property and construction group, said: “There is a palpable sense of optimism about both the residential and commercial property sectors, with a generally positive outlook for the next five years. “This upbeat view of the future is in stark contrast to post-2008 when sentiment in our annual survey was understandably at a low ebb because of the UK’s prolonged economic difficulties.
“However, most respondents think it will still be two years before the real estate market returns to the pre-recession level of profitability.” Optimism for the residential property sector has surged, with just over 15% of the respondents very confident of the sector’s performance and just over 73% reasonably confident. Last year only 1.5% of those surveyed were very confident, and nearly 24% were not very confident. Taking a five-year view, 19% of respondents strongly agreed and nearly 58% agreed that now is a good time to make a residential property investment in the UK, with just 5.4% reporting concerns such as the risk of a housing bubble. A similar trend appeared with commercial property: just over 56% of respondents were reasonably confident, in stark contrast to 18.4% last year. Nearly 7% were not very confident, compared with just over 32% last year. Again taking a five-year view, just over 64% either strongly agreed or agreed that now was a good time to invest, as opposed to nearly 53% last year. Only 7% disagreed or strongly disagreed, compared to just over 12% in 2012. In terms of key issues facing the property industry as a whole over the next 12 months, the UK’s economic performance came top, at just over 74%, followed by availability of bank finance, planning regulations, construction capacity and costs, availability of equity funding, government spending cuts, taxation costs, environmental regulations and attracting overseas funding. At 62%, enhanced bank lending was the most popular way that respondents thought the UK property industry could be assisted.
Julie Mutton of Smith & Williamson
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This was followed by cutting property
taxes and rates, relaxing planning regulations, using public funds to finance infrastructure, providing more tax reliefs for development, facilitating office-toresidential conversions, promoting Help to Buy and Build to Rent, inflating the UK economy as a whole and encouraging investment from overseas and deferring payments of property taxes and rates. Biggest taxation issues facing respondents included rising business rates (nearly 19%), followed by VAT, stamp duty land tax and, jointly, corporation tax and income tax on profits. Sources most relevant for raising finance over the next 12 months included clearing banks (39%), followed by other banks, private equity, asset disposals and share or debt issues. Central London and Greater London, at nearly 40% and 21.5% respectively, are the regions respondents are most optimistic about over the next 12 months, followed by the South-East (just over 28%), South-West (6.3%) and Midlands (just over 2%). At 36%, the North-East drew the most pessimism, followed by Northern Ireland (nearly 14%) and North-West (just over 13%). Regarding environmental initiatives with a material impact on business, energy efficiency was just over 35%, followed by energy performance certificates and enhanced capital allowances. Already affected by the recession and online shopping, the high street proved to be the sector which respondents feel the most pessimistic about for the next 12 months, at 38.5%, followed by retail (just over 17%), public sector (nearly 8%), office (nearly 13%), shopping centres (just over 7%) and industrial (just over 5%). For a copy of the survey report please email matthew.rowe@smith.williamson.co.uk
News
LEGAL FIRM LEAPS FORWARD WITH ‘GAZELLE’ GROWTH A THRIVING law firm for business has marked record growth with the foundry casting of a symbolic bronze statue - and plaudits from the government’s Small Business Ambassador for the South. Gosport MP Caroline Dinenage - appointed Small Business Ambassador for the South by the Prime Minister earlier this year - paid a fact-finding visit to the firm to hear first-hand about the gazelle approach to business. Paying tribute to Graeme’s growth culture, she said: “Local companies seem to be more confident than they have been for some time following the severest post-war economic downturn on record. “Indeed, just the day after my visit to Graeme Quar & Co, a survey of purchasing managers showed that there appears to be, appropriately, a gazelle-like spring in the step of the UK economy. “Firms in our services sector - by far the dominant driver of GDP were having their strongest quarterly growth in 16 years. LEAPING AHEAD: Graeme Quar, the managing director of commercial law firm Graeme Quar & Co, with a bronze gazelle designed by sculptor Wendy Hunt, left. With them is Gosport MP Caroline Dinenage, who was appointed Small Business Ambassador for the South by the Prime Minister earlier this year. An American concept, Gazelle companies are ones that grow by 20% or more consecutively over four years; Graeme Quar & Co, with offices in Fareham and Petersfield, has recorded two consecutive years of turnover growth, at 39% and 37% respectively. Graeme commissioned the symbolic gazelle statue in recognition of the “inspirational work” carried out for clients by the firm’s 17-strong staff. The figurine, depicting a Thompson’s gazelle, is the first business commission for Wendy, a professional wildlife sculptor who lives near Fareham.
“Companies are hiring again to cope with workloads, which is great news for job-hunters and business activity.” Wendy Hunt, the professional wildlife sculptor from near Fareham, said: “This is my first-ever commission for a business and I’m pleased that Graeme and his colleagues draw daily inspiration from this talking-piece artwork. “It is the only one of its kind in the country and, being cast in bronze, should see out plenty more peaks and troughs in the British economy over the next few centuries!”
Graeme Quar & Co, with offices in Fareham and Petersfield, has recorded two consecutive years of turnover growth of 39% and 37%, with staff levels up by 88%, from nine to 17. The firm’s managing director and founder, Graeme Quar, commissioned the symbolic gazelle statue in recognition of the ‘inspirational work’ carried out for business clients by staff. An American concept, Gazelle companies are ones that grow by 20% or more consecutively over four years. Capturing the athletic motion of a Thompson’s gazelle, the figurine is the first to be cast in a foundry from what will be a limited edition of 12 in the UK. It is also the first business commission for Wendy, a professional wildlife sculptor who lives near Fareham. Graeme said: “The joy of a gazelle environment in a business such as ours is that it encourages innovation, which itself enhances productivity and a sense of collective pride. “The gazelle, caught in stunning detail by Wendy, is also a constant visual reminder in the office of the need for excellence in every aspect of what we do for our clients, who are from small to medium-sized businesses and operating in a wide range of sectors. “They are the backbone of what is increasingly looking like a sustained economic recovery, which in turn has led to increasing instructions for our legal team, including ‘bellwether’ property transactions.” In October the commercial law firm, in its 20th year, launched a new service on the back of demand, with latest appointment Michelle Jenkins-Powell heading up wills and estate planning for business owners.
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JLD & Notices
DUTTON GREGORY
PRIVATE CLIENT FEE EARNER, WINCHESTER WHO WE ARE The Junior Lawyers Division (“JLD”) was set up as a specific group within the Law Society to provide junior lawyers with support, advice, information and networking opportunities. The JLD is a national body which also represents young lawyers’ views through lobbying and campaigns both internationally and in the UK. Locally, the South Hampshire JLD (“SHJLD”) aims to provide a varied programme of events which allows our members to get to know their peers through a variety of social, sporting and educational events. We also offer many opportunities for members to interact with young professionals from other industries to develop those all-important networking skills and forge business links. In addition, the JLD and the SHJLD provide a network of support and guidance to paralegals, trainees and newly qualified lawyers.
Our firm has a team of dedicated specialists in the Private Client department who are committed to providing friendly, considerate and practical advice to help their clients plan effectively for their future. We are looking to expand the Winchester team by recruiting a private client solicitor, or an experienced FILEx, with at least 8 years post qualification or other relevant experience. The candidate will be technically skilled and proactive and will be expected to deal with all areas of Wills, Trust and Probate work. They will handle a mixed caseload but will have excellent experience of Probate, Powers of Attorney/Deputyships and in particular advising on the Administration of Trusts. Ideally they will have established contacts from which to generate new business. A client following would be useful. Full support will be provided by the firm to help market the expertise of the new recruit. Applicants should apply by email enclosing a CV to Dawn at d.hillman@duttongregory.co.uk.
OUR MEMBERSHIP You are welcome to become a SHJLD member if you are a student studying the Post Graduate Diploma in Law or Legal Practice Course, a Trainee Solicitor, a Solicitor up to 5 years PQE, a CILEx member, another category of Law Society enrolled student, for example, those looking for a training contract and working as paralegals, or a newly qualified Barrister or Pupil.
2013-2014 EVENTS As a committee we have new and exciting plans for the coming year, these include: • ‘Thirsty Thursday’ and ‘Finally Friday’ Networking Drinks; • A programme of sports and tournaments; • Speed Networking; • Joint events with Santander, and the Junior Chamber of Commerce; • Training events on the use of social media to promote yourself within your profession and the current position of the legal market; • The Solent Business Ball; and • Free presentations and advice seminars provided by local legal recruiters and other organisations.
BECOMING A MEMBER The yearly membership fee is £35.00 per member and this includes entrance to the majority of the above events. It is worth asking your firm to cover the cost of your membership, as many are happy to do so.
MISSING WILLS ELIZABETH PORTER 38 Water End Park Old Basing RG24 7BB
MISS ELIZABETH LAURIE ARKINSTALL 9 Lombard Court Lombard Street Portsmouth PO1 2HU Dob: 8/7/1928
PATRICIA EDITH WILSON BAXTER (formerly known as WOOD or ROSS) 4 Willow Close, Wade Court, Havant Hants and 5 Durrants Road, Rowlands Castle, Hants
MR RAWLE WESLEY DANIEL 91 Disraeli Road Forest Gate London E7 9JU Dob: 26/01/1930 Dod: 26/02/2008
MR CYRIL EDWARD PHILIP BARNES We look forward to welcoming you to future events and, hopefully, to our ever growing membership. Please contact us at committee.shjld@gmail.com if you would like to find out more information or join.
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Either 25 Middle Park Way, Havant, Hants PO9 4AB or 4 Island Close, Hayling Island, Hants PO11 0NA Dob: 25/11/1952 Dod: 13/09/2013