PUBLISHER Ian Fletcher Benham Publishing 3tc House, 16 Crosby Road North, 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. 1328
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PUBLISHED May 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.
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COVER IMAGE This issue’s cover image is of Rownhams House, home of No.18 Barristers Chambers.
COPY DEADLINES Summer Autumn Winter Spring
2nd July 2014 30th September 2014 12th December 2014 3rd April 2015
Members wishing to submit material please contact the Editor, Alison Plenderleith, before copy deadline.
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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.
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INTRODUCTION
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EDUCATION & TRAINING
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CONTACTS
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SOCIAL EVENTS
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HAPPENINGS IN HAMPSHIRE
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PROFESSIONAL PRACTICE
Email: anna@benhampublishing.com Tel: 0151 236 4141
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DEVELOPMENT
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JUNIOR LAWYER DIVISION
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PROPERTY
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NOTICES
Hampshire Lawyer
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Introduction
PRESIDENT’S REPORT SPRING 2014 In my last President’s report I told you about my aim to raise the image of Hampshire Law Society. Your committee are quietly working to learn the skills of public relations and to get to know their local MPs. It will take some time to achieve noticeable results. We have had one small positive result, showing that even a Local Law Society can have some influence on policy. The Care Bill 2014 has been amended so as to permit the establishment of a Social Services Tribunal. Hampshire Law Society’s voice, added to lobbying from major organisations, helped achieve this small change in the law. Social Services Tribunals could become a major new area of work for solicitors. This year I will resume the practice of appointing a President’s Charity. This year my charity will be Solent Mind. Solent Mind helps the hundreds of people with mental health difficulties in Southern Hampshire. I am sure it has some less-fortunate solicitors among its clients One of their staff will be present at our annual dinner to introduce the charity. I hope you will dig deep in your pockets to help this worthwhile cause.
Many of the solicitors I speak to in Hampshire report that they are working hard and their practices are making money. The difficult times since 2008 have finally left us behind.
Criminal Legal Aid Practitioners will disagree that the hard times are over. They have fought the Legal Aid cuts but without any realistic prospect of success. Hampshire solicitors have played their part and the article in this newsletter by our Vice President Ian Robinson tells you what has happened locally, see page 21.
INTRO TO HILS Hampshire Law Society was incorporated in 1897 and during the past century has sought to assist solicitors in Hampshire in a variety of ways. These including the provision of educational and social events for its members, providing a means of reflecting the views of its members on both national and local issues to the Law Society, local and national government and promote the standards of solicitors and assists in the regulation of the solicitors' profession in Hampshire. More generally it seeks to
promote a better understanding in Hampshire of the work and function of the profession. These ideals have stood the test of time over the years and the Society remains an active organisation for the solicitors of Hampshire with over 600 members from Ringwood in the west, Emsworth in the east and Basingstoke in the north.
Andrew Caplen is likely to become the second Hampshire solicitor to serve as President of the Law Society of England and Wales at the AGM in Chancery Lane in July. We intend to organise a coach from Southampton to celebrate his success. I hope to see you at our annual dinner on the 22nd May and on the coach to London on 10th July, see page 20.
Simon Whipple
COMMUNICATION
In order to cut down on the number of emails you receive on a weekly basis, Hampshire Law Society are now sending out weekly enews updates. These will include links to legal issues, CPD, social events, committee activity and items of local interest. I hope you are receiving these and finding the content both more concise and useful They are sent out as follows: CPD events – Every Wednesday News and updates – Every Friday If you have any relevant content please send it to administration@hampshirelaw society.co.uk.
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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
Mr Andrew Caplen (Vice President)
The Carers Legal Centre 109 Burley Rd Bransgore Christchurch BH23 8AY Tel 01425 674844 Mob 07740 432159 Email carerslegalcentre@googlemail.com
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
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
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 Roderick 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 Roderick Hursthouse Nick Eve
PROPERTY Nick Gurney Champion (Chair) ngc@championlawyers.co.uk Matthew Robbins
SOCIAL Matthew Robbins (Chair) mrobbins@jaspervincent.com
ADMINISTRATOR
COMPLAINTS
HONORARY TREASURER
Miss Nicola Jennings
Mr Tony Bussy Tylers School Lane Bishops Sutton Alresford SO24 0AG Tel 01962 733528 Fax 01962 733528 Email anthony@bussy.plus.com
92 Chessel Crescent Bitterne Southampton SO19 4BS DX 52766 Bitterne Tel 023 8044 7022 Fax 023 8044 7022 Email administration@hampshirelawsociety.co.uk
Ian Robinson (Chair) IRobinson@cbwsolicitors.co.uk
IMMEDIATE PAST PRESIDENT
Mrs Alison Plenderleith
OTHER COMMITTEE MEMBERS
47 Salisbury Rd Fordingbridge SP6 1EH Tel 07429 523183 Email bdo@hampshirelawsociety.co.uk
David Ankcorn Charlotte Bromley Ginnie Lambert Derek Parsons Mike Russell-Smith Robert Sawers
Roderick Hursthouse 10 Hudson Close Liphook GU30 7UW Tel 01252 622122 Fax 01252 774409 Email rodhursthouse@btinternet.com
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BUSINESS DEVELOPMENT OFFICER
WEBSITE Mo Aldridge (Chair) maldridge@jaspervincent.com Boris Kremer Sue Carter Nicola Jennings
WILLS & PROBATE Darren Price (Chair) darren.price@parissmith.co.uk Simon Whipple
Introduction
COUNCIL MEMBER’S REPORT APRIL 2014 CIVIL JUSTICE
Andrew Caplen Vice President of the Law Society and Council Member for Hampshire and the Isle of Wight andrew.caplen@yahoo.co.uk
CRIMINAL LEGAL AID The Lord Chancellor announced his final decision in respect of Criminal Legal Aid on 27th February 2014. For Solicitors, this in essence means an immediate 8.75% cut in rates followed by a further 8.75% cut in June 2015 (subject to review). All firms that meet a basic quality threshold will obtain an "Own Client" contract. A more restricted number will receive a "Duty Contract" (525 firms, although groupings of firms - or "consortia arrangements" will be allowed).
The Law Society's work post the introduction of the "Jackson reforms" continues. The highly publicised Mitchell case has caused a great deal of concern for Solicitors over the use of cost sanctions. The Law Society is also in the process of holding various Civil Litigation roadshows around the country.
WILLS & INHERITANCE QUALITY SCHEME This has recently been launched, designed to assist Solicitors with a marketing advantage in respect of providing Will-drafting and Estate Administration services. I know of at least one local firm that has already been WIQS accredited.
CHIEF EXECUTIVE the Chief Executive of The Law Society, Des Hudson, has announced that he will be retiring as from the Annual General Meeting on 10th July 2014. The process for appointing his successor is under way.
PROFESSIONAL INDEMNITY INSURANCE The Solicitors' Regulation Authority are
currently consulting on proposed changes to the Professional Indemnity Insurance rules. In particular, whether insurers providing Solicitors' Professional Indemnity Insurance should be in possession of a rating.
COMMUNICATIONS to assist with keeping up to date with professional and Law Society affairs, members are encouraged to sign up for the various Law Society email information alerts including Professional Update, Legal Aid Update and the on-line Gazette.
ANNUAL GENERAL MEETING This is to be held at The Law Society's Hall, Chancery Lane, London on Thursday, 10th July at 2.30pm when I am due to be installed as President of The Law Society of England and Wales. All Solicitors are welcome to attend. It would be wonderful to have a good turnout from Hampshire and The Isle of Wight (see page 20 for details of coach trip to London).
LAW SOCIETY DEPUTY VICE PRESIDENT’S UPDATE LAW SOCIETY COUNCIL SUMMARY: 2 APRIL 2014, CARDIFF The Council was also addressed by the Right Honourable Mrs Justice Nicola Davies DBE, presiding judge on the Wales circuit, on the importance of recognising the increasingly distinctive nature of the law in Wales. Also held during a break in the formal business of the Council meeting were the hustings at which the seven Council members who are standing as candidates for Deputy Vice President (DVP) this year had the change to make short speeches and respond to questions from fellow Council members.
ONGOING WORK ON LEGAL AID PROPOSALS The Government response to Transforming Legal Aid: Next Steps was published on 27 February, accompanied by the independent reports from Otterburn Legal Consulting and KPMG which informed the Government’s proposals. In line with Council’s motion of 24 February we responded by reiterating our firm opposition to fee cuts, stating our serious reservations about the proposed contracting model and expressing concern about the challenging future for many of our members. In our response we recognised that the Government had listened to the concerns raised by our members and noted that it was helpful that they had made a number of changes that would mitigate the impact. In addition the Society has been working to provide a package of advice to firms considering bidding for contracts as a consortium. There is a toolkit for solicitors wanting to raise awareness of the impact of proposed criminal legal aid cuts and to dispel the myth that all solicitors are high earners.
MORE EFFECTIVE ENGAGEMENT WITH THE PROFESSION We have moved quickly on implementing Council’s assertion, on 12 February, that the Society must work hard at becoming a truly member-focused organisation. A project manager has been appointed and staff will be seconded from across the
organisation to manage the day-to-day work. To achieve our ambition, we must re-engage members, better communicate the value of membership of the Society, and, by delivering valued services and products, give all of our members reasons to recognise that being part of the Society is an essential part of being a solicitor.
OTHER ENGAGEMENT ACTIVITY Council heard about a debate on the Government’s proposals for judicial review organised by the All-Party Parliamentary Group for Legal Affairs, which is co-sponsored by the Society with the Bar Council. The Relationship Management team had arranged a number of chief executive and officeholder visits at local law society events and dinners in the City, Midlands, North East, North West, South East, Yorkshire and Wales. We are organising a dinner for City members and other stakeholders on social mobility, with guest speaker Rt Hon. Alan Milburn. We have also set up and hosted a breakfast for the ten Law Society Council members who work in or represent the City.
DIVERSITY AND INCLUSION CHARTER ANNUAL REVIEW Council heard of increasing participation rates in the annual review process - 239 firms participated in 2013 compared to 177 firms in 2012. The annual review is integral to the commitments firms make under the charter, and the 2013 review demonstrates that the great majority of charter signatories are maintaining momentum on the diversity and inclusion agenda, although further progress remains to be made in terms of the diversity profile of the solicitor workforce, and on training and impact assessment.
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Happenings in Hampshire
BASTOWS SOLICITORS NEW MEDIATION SERVICE
BACK FROM THE BRINK – QUALITYSOLICITORS CLARKE & SON WELCOMES BACK CHARLES MARCHANT-WHITE QualitySolicitors Clarke & Son is delighted to welcome back Charles Marchant-White after his battle with cancer. Charles is to take over the role of Senior Partner from Peter Turner. eventually have his bladder removed and a new ‘sac’ built to replace it. After a long, slow and tedious recovery, which was not without complications, Charles was delighted to be given a clear scan on 12th February this year.
Peter Turner who has been at the firm for over 40 years and senior partner for 10, is retiring from the Partnership on 1st April.
Sukie Lewis
We were badly hit in the recent storm and our 30 foot sign had to be taken down in the middle of the night to avoid potential injury. Fortunately we have just the person on board to assist with our negotiations with our insurance company. Bastows Divorce Solicitors are delighted to announce that the Expert Solicitor Mediator Sukie Lewis has joined us.
Charles Marchant-White is a Director of Hampshire Chamber of Commerce and Chair of the Basingstoke Area Committee of Hampshire Chamber of Commerce.
It took about a year of tests and a number of ‘false’ starts before Charles was diagnosed with an aggressive invasive form of bladder cancer. After initial unsuccessful treatment he had to
For further information on bladder cancer please visit: http://www.cancerresearchuk.org/cancerinfo/spotcancerearly/naedi/beclearoncan cer/bloodinpee.
NO DISPUTE - DEBORAH’S THE REAL DEAL With an incredible momentum that continues to grow apace, Eric Robinson Solicitors has recruited another niche specialism to its Commercial Team. New recruit, Deborah Cable specialises in helping clients prepare or defend themselves in areas of business regulation such as food, trading standards, health and safety, product liability and environmental health.
Deborah Cable
Sukie has experience in all issues related to Family Mediation, Financial and Children matters and is available for referrals now. Sukie is also a Mediation trainer.
“I have always excited by litigation and dispute resolution,” she explains. “I enjoy the variety of cases and clients, the adversarial processes in court, but most of all, finding a solution that will settle a matter that has been causing a client great anxiety and stress.”
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“I have been asked if I had any tips that might help anyone who may have concerns. If you have – whenever and however small or seemingly insignificant – blood in your pee (male or female) please go and see your GP as it could be a symptom of bladder cancer or a kidney problem.”
Charles says of the transition, “Peter has been a highly-respected Commercial Solicitor in Basingstoke for many years and I certainly have some 'big shoes' to fill. I am delighted that Peter has agreed to continue to be associated with the firm as a Consultant. We will continue to guide the firm to secure its continued success and provide a first-class quality service to our clients."
Sukie has over 12 years experience in Mediation and is renowned for her non directional and pragmatic approach.
Mediation is being encouraged as the choice of Settlement upon Divorce and Separation. It is important to ensure that the Mediator is of the highest quality.
Charles says of his experience, “This journey has taken at least four years and in that time the help, encouragement and support from family, friends, work and business colleagues, clients and health professionals has been phenomenal - lifechanging and very humbling. I cannot and never could ever thank them enough. I am now looking forward to a staged return to work picking up the strings where I last let them go.”
After learning Eric Robinson Solicitors was expanding its dispute resolution and commercial departments by moving into Environmental and Business Regulation, Deborah seized the opportunity to be involved. “I met with Managing Partner Catherine Maxfield and was very excited by the
firm’s plans for development. For me, Eric Robinson Solicitors is the perfect size – large enough to handle demanding cases and big clients, but small enough to recognise individual contribution.” Deborah joins Eric Robinson Solicitors from Blake Lapthorn where she worked in areas including professional regulation, risk and compliance. Her particular area of interest is the agricultural and rural sectors where she is already advising on a number of issues relating to specific legislation and regulation such as animal welfare, and health & safety investigations. “Deborah is another great asset to our growing commercial team,” says Catherine. “She has already introduced a number of new initiatives, such as a fixed fee ‘Business Health Check’ where she visits a client, inspects their operations and produces a report on compliance, detailing any areas in need of improvement and advising on solutions to any regulatory problems.”
Happenings in Hampshire
LAW FIRM RECOGNISED FOR SAVING FOOTBALL CLUB. Commercial solicitors at Portsmouth legal practice, Verisona Law, were the recipients of accolades and praise at the city’s annual Business Excellence Awards in recognition of their role in saving Portsmouth Football Club.
SATURDAY CLINICS PROVING A SUCCESS FOR LOCAL FIRM The Wills & Estate Planning Department of QualitySolicitors Clarke & Son trialled a Drop-in Bereavement clinic last Saturday morning at their offices in Manor House, Basingstoke. The idea of the clinic was for anyone who had recently been bereaved and may need help with probate matters, or, who may be worried about what would happen on their death, to drop in for free advice with a solicitor. Funeral Directors Spencer & Peyton were also available to chat to people about their funeral plans. The morning went very well and the Firm plans to run similar clinics in the future. The clinic was the brainchild of Nia Wharry, Partner and Head of the Wills & Estate Planning Department who was delighted with how it went. “As a Firm, we want to make legal services more accessible to our clients and Saturday Openings and particularly drop-in clinics have proved a successful way to do this.”
SCOTT BAILEY TAKES TO THE AIR WAVES Verisona Law was amongst a host of companies that gathered at the majestic Portsmouth Guildhall for an annual black tie event run by the city’s local paper, The News, to celebrate the year’s biggest successes in local business. After 16 months of tireless dedication, commitment and hard work providing the business support, legal representation and financial management that saw a consortium, including the Pompey Supporters Trust, take ownership of Portsmouth Football Club in April, Verisona Law’s ‘Football and Sports Law’ team were not only ‘Highly Commended’ in the category of ‘Team of the Year’, but winners of the prestigious ‘Community Contribution of the Year’.
Shauna Lines, head of the Private Client department of Scott Bailey Solicitors in Lymington recently had a very different Saturday to her usual fitness training.
The firm worked to create and submit the bid that resulted in the consortium achieving preferred bidder status for the Club, carried out all Due Diligence and managed the collection, recording and accountability of over £1 million of contributions made by fans as a result of the campaign for local people to pledge their financial support. “Looking back, it has been an incredible journey with many highs and lows,” explains Mike Dyer, Director and Head of the Team. “As well as the PST, we were liaising with the Football League, Premier League, Football Association, Professional Footballers’ Association, Lenders to the Club, owners of the land, the local council and many other stakeholders. Keeping everyone together and on the same page was quite a task before even facing the opposition, but it has been a tremendous team effort.” When collecting their award, Verisona Law dedicated it to all the Pompey fans for their loyalty and support. “We put an exceptional amount work into this takeover, but we never lost sight of the fact that our work held the hopes of the fans, the city and its business community,’ said Verisona Law’s Chief Executive, Vincent Denham, who is delighted with the recognition the firm has received. “We have been inundated with messages of congratulation and best wishes. There was no better award we could have won for all our hard work and success.”
Shauna Lines She was invited to take part in a broadcast for Radio Solent as a legal expert answering questions posed by the public from a phone-in on a range of legal subjects including Wills, Lasting Powers of Attorney, inheritance tax and intestacy matters. The title of the broadcast was A Good Death and Shauna, as an experienced solicitor, was joined on the panel by a funeral director and an NHS doctor to discuss those topics that people generally prefer to avoid.
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News
PRIVATE CLIENT TEAM BALLOON LAUNCH FOR LAW FIRM’S CONTINUES TO GROW GOLDEN ANNIVERSARY CELEBRATIONS AT GLANVILLES Hampshire & Isle of Wight law firm Glanvilles LLP has recruited Darren Price to add strength to its existing Private Client team.
Hampshire law firm, Eric Robinson Solicitors, held the first of its celebrations to mark its 50th birthday with the launch of golden balloons from its offices in the heart of Southampton city centre. Eric Robinson Solicitors began its Golden Anniversary celebrations when staff from its offices in Carlton Crescent released 50 golden balloons in to the (unusually for this winter) clear blue skies.
Darren is an experienced Solicitor and member of The Society of Trusts & Estate Practitioners (STEP) who specialises in all aspects of Private Client work including Wills, Administration of Estates, Trusts, Enduring/Lasting Powers of Attorney, Court of Protection matters and Inheritance Tax planning. He is based at the firm’s office at Cams Hall, Fareham.
“It was really nice for everyone to take a few minutes out of their day and create such a lovely moment to mark the beginning of what is a very special year for the firm,” said Catherine Maxfield, Managing Partner. “We have all kinds of events planned including a cycle ride in aid of Wessex Heartbeat across all our five branches in Bitterne, Chandlers Ford, Hedge End, Hythe and Southampton city centre; partnership events with Business South and the Solent Education Business Partnership; a Golden Ball for our clients and associates; a 1960s themed party for staff and a whole host of ‘50 themed’ campaigns for the services we offer. 2014 is going to an exciting and very busy year.”
Darren originally graduated in Business Studies and secured employment at Guinness (now Diageo) in London. He then changed careers, successfully completing the Common Professional Examination in Law at Thames Valley University. Darren completed his training at Eric Robinson Solicitors in Southampton and was admitted as a Solicitor in 2005. He joins Glanvilles from Southampton firm Paris Smith LLP.
CHRIS SYDER JOINS PENNINGTON MANCHES Chris Syder has joined the Basingstoke office of Penningtons Manches LLP as an employment law partner. Previously the head of employment at Davies Arnold Cooper, London for many years, Chris joins the firm from international law firm DACBeachcroft. He is the CBI’s Governing Body representative for the International Labour Organisation (ILO) and the CBI's Management Board representative for the International Organisation of Employers (IOE). He brings more than a decade of successful City experience to both the Basingstoke and London-based employment teams. His national employment law practice covers all aspects of employment law ranging from HR advisory to the employment law implications of business acquisitions and outsourcing through to discrimination claims, unfair dismissal cases and national and international trade union matters. Darren Price He says: “I felt that the opportunity to join a top-class firm like Glanvilles just couldn't be missed. They have an excellent reputation in the region and are looking to expand.” Sonia Green, Head of the Private Client Team says: “We are delighted to welcome Darren to the firm. I am confident that he will use his expertise and knowledge to great effect as part of our team.”
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international knowhow will be a great bonus. The team in the Basingstoke office - including existing partner David Bickford - already has a strong presence and impressive client list in the region and will be taken to new heights by Chris’s arrival.”
Commenting on his appointment, Chris said: “I am delighted to join Penningtons Manches at an exciting time for our newly merged firm. All businesses seeking profitable growth need experts who can provide more national and international employment law services for less cost. I look forward to playing my part as our enlarged firm goes from strength to strength.” Paul Mander, head of employment, commented: “We are delighted to add Chris to our existing 30-strong employment team at Penningtons Manches and his experience and
Chris Syder
Happenings in Hampshire
CHURCHERS BOLITHO WAY GIVE BACK TO THE COMMUNITY With a number of offices across Hampshire and the Isle of Wight all in town-centre locations, Churchers Bolitho Way is a community-based firm. Recently efforts have been made by the firm to “give something back” to the local communities. Children’s National Christmas Jumper Day an earlier this year raised £118 for the British Heart Foundation by getting involved with their Wear it Red Day.
The firm sponsors a Gosport-based charity called Harbour Cancer Support Centre, which offers support and guidance to those in the local area suffering from, or affected by, cancer. In 2013 £609.25 was raised for the charity and more fundraising events are planned for 2014. Items of food are currently being collected to be donated to a local food bank in April and staff are busy clearing out their wardrobes to donate
clothes to the Portsmouth-based “Reworked Opportunities Charity”, which is a clothing bank specifically designed to provide people facing unemployment with work clothes such as shirts, ties and jackets, that they can wear to interviews or to start in a new job.
A number of members of staff are going to take part in the Moonlight Walk around Portsmouth in aid of The Rowans Hospice and our very own Ian Robinson, Vice-President of the Hampshire Law Society, is taking on the challenge of the London – Brighton cycle ride in aid of the British Heart Foundation.
In December 2013, members of staff raised £120.95 by taking part in Save the
HIGH FLYER LANDS AT VERISONA LAW Verisona Law in Portsmouth is proud to announce the appointment of its new Head of Residential Property, Danielle Allday, who brings with her an impressive amount of professional experience after starting her legal career at just 16 years old.
A BRIGHT FUTURE AT DONNELLY & ELLIOTT
In 2010, Danielle was headhunted to take her first Head of Department role in the property department of a five office firm in Surrey, Berkshire and Hampshire before becoming an equity shareholder. “I am an impatient person and like to keep things moving forward. Whether it is getting a client’s house purchase to the point of completion, or getting to the next stage of my career, I always like to find the most efficient way possible and stay focussed on that objective.” Danielle’s move to the South Coast came after she and her husband decided to live full time in a holiday home they purchased in Bracklesham Bay near Chichester two years ago. Danielle Allday Danielle Allday began working at a local law firm where she grew up in Middlesex while studying at college. In an effort to keep her after she achieved top grades in her A-levels, the firm offered to support Danielle in qualifying with the Institute of Legal Executives, ILEX. She accepted, became a fee earner at just 19 years old and was able to work in most areas of law.
“I knew of Verisona Law from their nationally recognised work with Portsmouth Football Club, so assumed they were a corporate firm. When I found out they had other departments for private clients, I jumped at the chance of an interview and really enjoyed meeting all the Directors. When they made me the offer of heading up their Residential Property team, I was delighted to accept.”
Ben Holden
Gosport based law firm Donnelly & Elliott have recruited Ben Holden to head their Wills & Probate department. Adam Corcoran, one of the firm’s Directors, said “we have been assisting generations of families with their legal affairs for the past 65 years. Ben brings with him the right levels of experience and technical expertise to manage the department and to look after our loyal client base”. Ben is a Solicitor, a qualified member of STEP and a full professional member of Solicitors for the Elderly. He has joined Donnelly & Elliott from a Legal 500 firm based in north Hampshire. Ben said “I am delighted to join such a prominent local firm and I look forward to helping clients and their families”.
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Happenings in Hampshire
A WARNING FROM HAMPSHIRE’S NOTARIES Quite frequently individuals (and it is almost always individuals) come in to a solicitor’s office brandishing a request from a foreign country for their identification or other paperwork to be verified or to complete a power of attorney or affidavit or declaration.
PENNINGTONS MANCHES FAMILY PARTNER APPOINTED NEW CHAIR OF RESOLUTION Penningtons Manches LLP is delighted to announce that Joanne (Jo) Edwards has become Chair of Resolution, a 6,500-strong national family law association, at Resolution’s 26th National Conference in Manchester. Jo has been closely involved with Resolution for many years and is a former chair of its Dispute Resolution (DR) Committee. Along with other Penningtons Manches family lawyers, who are all members of Resolution, Jo has actively campaigned for various policy changes to improve clients' experience of family law when their relationships break down.
Jo Edwards
In her inaugural speech to over 300 conference delegates, Jo outlined the challenges currently facing the family justice system as a result of lack of funding, the demise of legal aid and the ever-increasing numbers of litigants in person. She has pledged to provide support to all Resolution members and stressed that the organisation will continue its unwavering support of all forms of family dispute resolution in this country. The firm is particularly proud that Jo is the fourth member of its family team to chair Resolution. The current head of family, Jane Craig, chaired Resolution between 2001 and 2003. Jo’s election is yet another accolade for Penningtons Manches’ 24-strong family team which includes five fellows of the International Academy of Matrimonial Lawyers (IAML); the Chair of the Family Law Committee of the International Bar Association (IBA); and the President of the Private Clients’ Commission of the International Association of Young Lawyers (AIJA).
Matthew Knight
LAW FIRM’S COMMERCIAL TEAM PRIMED FOR NEW YEAR
Sometimes the paperwork will provide a clue with words like ‘notarization’ (sic) or ‘Notary Public’. Sometimes it will be unhelpful, such as South African documents that ask for a ‘Commissioner of Oaths’. This does not mean a Commissioner for Oaths in England and Wales.
After a year of growth, development and expansion, the Commercial Team of Eric Robinson Solicitors is set to make 2014 their best year yet. nervous at breaking new ground and I am greatly enthused with such an innovative approach to the profession.” Having joined Eric Robinson Solicitors in 2011, Emma Pope has been made an Associate of the firm. With 15 years’ experience of dealing with commercial property in the South, she leads the firm’s corporate clients who own, lease, buy or sell property.
No doubt the individual concerned would rather pay £10 for a certified copy of a passport page than the £50 to £70 that a Notary Public would charge. This is a dangerous false economy, not just for the client but for your PI policy. For example, a power of attorney for use in Spain has to be completed by the donor in the presence of a Notary Public. If a solicitor completes one then it is not valid in Spain. If that power of attorney is given by the English client to conduct litigation in a Spanish court then the case could be adjourned or, worse, thrown out. The client would be back to claim on the solicitor’s PI policy. It would be a naïve solicitor who thought that his or her PI policy would provide cover for notarial services for which he or she was firstly not qualified and secondly not entitled to provide. So this is a plea and a warning from some of Hampshire’s notaries – if a client comes to you with any sort of request for the completion of paperwork going abroad (by which I mean outside of the UK, Channel Islands and Isle of Man) then please refer him or her to one of us. In terms of risk management alone it must be the right thing to do.
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“I was offered the promotion in recognition of both the introduction of new commercial property clients to the firm and the successful completion of matters arising from their instruction,” explains Emma. “It’s great to be making progress, both personally and professionally.” As the Managing Partner of Eric Robinson Solicitors, Catherine Maxfield is full of pride for the progress that the firm’s Commercial Team has made in recent months. “The department has increased its revenue by 35% and made a major contribution to the firm’s 11% rise in turnover,” she explains. “This success has enabled us to welcome new members of the team who bring with them a wide variety of corporate expertise.” Corporate Restructuring and Insolvency expert Jan Murdoch is the most recent addition to the team, bringing years of experience in dealing with matters of Banking and Finance to launch a brand new Insolvency service at the firm. “Eric Robinson Solicitors in an exceptional firm,” she says. “It has a great desire to push forward when many law firms are
Ben Upward, who proved his talent for Commercial Law during his two years of training at the firm, has been offered a position as a fully qualified solicitor within the expanding team. “The past two years have just flown by,” he says. “One of the seats during my training contract was with the Commercial Team and since my colleagues are so supportive, the clients so welcoming and the work so varied and interesting, I was delighted to accept the opportunity to stay.” “We spent a great deal of last year consolidating our work, evaluating our processes and getting ourselves into the position where we can really push forward,” explains Geoffrey Onoufriou, the Senior Partner who has lead the Commercial Team through its strategic expansion. “We have more developments planned for 2014 and are very excited about the year ahead.”
Development
CHURCHERS BOLITHO WAY STAFF REACH OUT TO THOSE IN THE LOCAL COMMUNITY DEALING WITH DEMENTIA In March 2012 David Cameron set his Dementia Challenge, to deliver major improvements in dementia care and research by 2015. Since two-thirds of people with dementia live in the community, as part of the Challenge there was a commitment to the development of dementia-friendly communities across the UK. to live with dementia. The aim of the training sessions is to turn that newlyacquired understanding into action. There are now 10 members of Churchers Bolitho Way staff who are now Dementia Friends. They are part of a network of people across the UK creating dementiafriendly communities. The aim is to have 1 million Dementia Friends across the UK by 2015.
There were 180,000 people living with dementia in Hampshire in 2012 and that figure is set to rise to 24,000 by 2020. Hampshire has been at the forefront of the dementia-friendly communities work and late in 2013 Fareham became a Dementia Friendly High Street. Churchers Bolitho Way are proud to be a part of that initiative. Some members of staff have recently undergone training provided by Dementia Friends, a national initiative being run by the Alzheimer’s Society. The training was given by Diane Bizley, a Dementia Friends Champion, who gave plenty of information and insight into what it’s like
Churchers Bolitho Way are taking action in a number of ways. The firm offers several free drop-in clinics in the local area, giving people the chance to seek the help and advice they need in what may be a more familiar and convenient location, rather than going into a office environment which can be overwhelming for some. Seminars have been held in conjunction with the Alzheimer’s Society to provide members of the public with more information on dementia and the help and assistance available in the community to them. There are also plans afoot, again in conjunction with the Alzheimer’s Society, for the firm to hold free tea mornings on Saturdays to help those who might otherwise be engaged during the week.
NEW EQUITY PARTNER FOR LOCAL LAW FIRM Experienced Personal Injury Partner, Andy Munden, has been announced as the newest Equity Partner at Hampshire based law firm Warner Goodman LLP, with effect from 1st May 2014. Ian Curtis, Managing Partner for Warner Goodman LLP, commented, “Andy's appointment is a clear demonstration of his commitment and confidence in the firm and the future that we have. The fellow Equity Partners, and indeed the staff as a whole, are totally confident that Andy will bring new energy and ideas and we unanimously and wholeheartedly welcome him on board.”
Andy Munden Andy originally worked for the firm from 1995 to 1999, and then returned in 2002. Four years ago he was promoted to a Partner; the first non-solicitor Partner in what was the 150 year history of the firm. He is accredited on the Solicitors Regulation Authority and Law Society Personal Injury Panel, is the Chair of the Personal Injury Group of LawNet and is a member of the Association of Personal Injury Lawyers.
Andy said of his appointment, “To be in a position to show my colleagues the extent of my belief in our continued growth is particularly rewarding. I firmly believe that we have a bright future and I’m delighted to be part of that as an Equity Partner.” Andy specialises in Personal Injury Litigation for claimants, with a particular focus on claims for injuries sustained in accidents at work. He is also experienced with an extensive range of other injury claims including trips, slips and falls, accidents due to faulty goods/products, claims following accidents on holiday, serious or catastrophic injuries and those suffering with an Industrial Disease.
PATHWAYS TO LAW STUDENTS ENJOY PLACEMENT SUCCESS Local law firms and legal teams contribute thirty five placements to aspiring young lawyers in the local area. College students on the University of Southampton’s Pathways to Law programme have been enjoying a variety of placements in the legal profession thanks to the involvement of many local, national, and international law firms, the CPS Wessex, and inhouse legal teams. In an inspiring example of local collaboration, eleven firms are delivering meaningful work placements to engage students in the profession, introducing them to life as a solicitor or barrister, and giving them key contacts for the future. Pathways to Law was created in 2006 by the Sutton Trust and the Legal Education Foundation in order to widen access to the legal profession. The initiative has national reach, with eleven different Russell Group Universities delivering their own programme, and targets gifted and talented students from non-privileged backgrounds who are interested in a career in law. A total of 400 students are admitted to the two-year programme in each intake, and enjoy a series of workshops, seminars, visits, and a national conference, before moving onto university. The University of Southampton and the Sutton Trust are very grateful to the following firms for their continued support for the programme and the work placements they have provided: • Ageas (in-house legal team) • Blake Lapthorn • Bond Dickinson • Clarke Willmott • Clyde & Co • CMS Cameron McKenna • CPS Wessex • Ordnance Survey (in-house legal team) • Ramboll (in-house legal team) • RJR Solicitors • University of Southampton (in-house legal team). For more information on Pathways to Law, or if you are interested in becoming involved with the programme, please email Rob Jack (Pathways to Law coordinator): pathway@soton.ac.uk.
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News
ICONIC DOGS TRUST SLOGAN MARKS LANDMARK ANNIVERSARY ‘A dog is for life, not just for Christmas®’ honours 35 years of relevance Last autumn, the nation’s largest dog welfare Charity, Dogs Trust, commemorated thirty five years of its iconic slogan – ‘A dog is for life, not just for Christmas®’. The impactful slogan is one of the UK’s most memorable phrases of all time and is now firmly cemented in the public consciousness - perfectly delivering the powerful message of responsible dog ownership to the masses and continuing to significantly reduce the number of abandoned dogs after the festive period. In 1978 the Charity estimated that 20 per cent of dogs were given as gifts, which has since reduced to less than 2 per cent today. Although the figure has dropped significantly, it means that around 16,000 dogs are still being purchased as gifts every year. Sadly, with the rapid increase in dogs being bought on impulse online, it is clear that the slogan remains as relevant today as it did 35 years ago. The slogan was created in 1978 by Dogs Trust current CEO Clarissa Baldwin OBE unlike most other iconic slogans which are created by advertising agencies. One evening, Clarissa was sat at the kitchen table chatting to her husband about the urgent need for a campaign to stop puppies being gifted at any time of the year but specifically at Christmas when she had a light-bulb moment and the slogan was born proving that charity really does begin at home! Clarissa has since been awarded an OBE in 2003 for her work in animal welfare. Her success with Dogs Trust, coupled with the longevity and popularity of the slogan, has meant a ‘paws-itive’ improvement in dog welfare across the nation.
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Property
FINLAY ASSOCIATES REBRANDS AS INDEX PROPERTY INFORMATION At the start of 2014 Finlay Associates took an important step towards providing its Solicitor clients with new technology and exceptional customer service by joining the Index Property Information brand. Founded in 2003 by Richard Norman, Finlay Associates had grown significantly to become one of the most professional search companies in the South of England. Delivering a powerful combination of the highest standards, real experience and local knowledge to its clients. They specialise in the provision of Local Authority Searches (Official and Personal) for solicitors, licensed conveyancers and property professionals alike. The Company is run by professionals for property professionals looking for accuracy, speed, high levels of customer service and competitiveness. However, as a small company in a competitive market place, Richard decided that further enhancements were needed to the Company’s customer service, product portfolio and technology offering. The only natural step was to go into partnership with Index Property Information. Based in Colchester, Essex, Index is the fastest growing Conveyancing Search Company in England & Wales with eleven other offices spread throughout the country.
Brenda Alleyne from SBP Law, a prestigious Law Firm in the City of London said: The move from Finlay Associates to Index Property Information has been seamless, and we cannot say enough regarding the online ordering platform and unrivalled customer service provided in comparison to the other search companies we have used in the past. Index Property Information has also been announced as the ‘Gold’ sponsor of the Surrey Law Society 2014 Charity Gala Dinner to be held in the stylish Prelude Suite at the Radisson Blu Edwardian in Guildford on Thursday 3rd April. The Charity Gala Dinner, this year supporting President Marek Bednarczyk’s chosen charity AvMA (Action Against Medical Accidents), is the highlight of the Surrey Law Society social year and is sure to be a sparkling occasion. If you would like further information regarding the services Index can offer, a demonstration of their bespoke online ordering system or further details of the Surrey Law Society Gala Dinner then please contact Richard Norman on 01276 451203.
Index Property Information is a unique provider of conveyancing searches and reports to the property industry. By working closely with every Local Authority in England and Wales, we are able to provide both Regulated and Council Local Searches as well as all other reports required by solicitors and conveyancers. We have developed a simple business philosophy that is centred around providing an unrivalled personal service, whilst utilising modern technology. This enables us to provide fast, efficient and accurate information allowing our clients to save time, money and effort. We understand what conveyancing professionals require, and accordingly provide a bespoke service tailored to each individual client requirements. We believe in creating a true partnership with our customers and ensuring they, in turn can provide a more efficient and cost effective service to their own clients. A commodity needed more than ever in a rapidly growing property market. Index has developed a modern on-line ordering system specifically designed to be as simple to use as possible. We have done away with numerous page re-loads and lists of rarely used products and cumbersome mapping systems. Index has simplified the whole ordering process and boasts the most straightforward ordering platform currently available. Part of the technology offering from Index Property Information includes a free mapping system and a Search Alert System highlighting and recommending search requirements such as High Speed 2, Subsidence and Flood, obviously particularly pertinent with the recent issues in the Surrey area. But we also understand that not all clients wish to use on-line systems and so tailor our service to each customer’s individual needs and requirements. There are no telephone option messages and no voicemail messages; but there is always someone at the end of the phone able to answer queries and deal with enquiries honestly and efficiently. Anne Lucking, Managing Director of Index, said: “We’re thrilled that Richard and his dedicated team have joined the Index family and we know their professionalism and customer service will be a welcome addition to our growing network of offices.
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Property
RECENT FLOOD EVENTS CALL US ALL INTO ACTION THE FLOODING MAY BE SUBSIDING, BUT WE CAN’T AFFORD TO LET THE MEMORIES OF ITS IMPACT DO THE SAME There is no denying that in recent times the world has experienced some pretty extreme weather events. Last year was Australia’s hottest in living memory, in the Philippines Typhoon Haiyan became the strongest typhoon ever recorded, there were record high temperatures in Scandinavia, heatwaves and intense rainstorms across Europe and South America, and much of the US came under the grip of a polar vortex with a big freeze bringing many regions to a halt. Here in Britain we saw the stormiest December in 44 years. The hostile winter continued into January and February 2014 with high winds and storm surges causing widespread coastal, river and surface water flooding, substantially impacting on individuals, businesses and infrastructure. The Met Office confirmed at the end of February it was the wettest winter in England and Wales since records began 250 years ago. Although severe storms in the UK are not unknown, the relentlessness of recent events is certainly unusual with the full catalogue of flooding – tidal, fluvial, pluvial and groundwater flooding – all being experienced over a period of seven or eight weeks. Around 6,000 properties were flooded and politicians raised concerns about future flood strategy with the Prime Minister, David Cameron, calling the floods “a tragedy for all those affected” while urging the insurance industry to process claims as quickly as possible. We are all acutely aware from the extensive media coverage of the floods that the impact on residents and their property can be hugely detrimental, not to mention the potential blight on a home’s value, but as awareness grows around the potential for flooding do homebuyers know who is responsible for advising them on flood risk? A survey commissioned by Landmark Information Group revealed that only 42% of people investigated their flood risk before buying their home, while 55% of property owners in the UK expected solicitors to automatically investigate a property’s flood risk as part of the conveyancing process. Clearly there is an expectation from homebuyers to be assisted in discovering the level of risk, not least so they can look to mitigate this if required. It is imperative that buyers know about any potential flood risk as early as possible and have appropriate insurance in place before contracts are exchanged and they become fully responsible for the property. Until Flood Re comes into force in 2015, properties found to be ‘at significant risk’ of flooding may prove extremely expensive, if not impossible, to insure. If a property cannot be insured,
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the solicitor will be unable to provide the necessary Certificate of Completion to the Lender to release the mortgage funds and therefore the buyer will be unable to complete the purchase.
WHERE DOES THIS LEAVE THE LEGAL PROPERTY PROFESSIONAL IN TERMS OF REQUIRED DUE DILIGENCE AND COMPLIANCE?
According to the Law Society Practice Note launched last May, conveyancers have a key role to play. The Practice Note states that ‘In all conveyancing transactions, when acting for a prospective buyer, tenant or lender, you should mention the issue of flood risk to your client and, if appropriate, make further investigations’. There have been some concerns over what ‘appropriate’ means, but with 200,000 homes built on flood plains between 2001 and 2011 and surface water flooding meaning risk is not exclusive to properties near the river or sea, it seems that ‘appropriate’ is becoming an increasingly inclusive term. As the practice note concludes ‘it may not always be obvious that a property is at risk of flooding’.
The cost of a desktop flood report (around £20), with a risk assessment by accredited consultants, is inexpensive and could save thousands, if not tens of thousands, of pounds in the long term. It will clarify your client’s level of risk and help them identify the measures they could take to protect their future exposure to flood, while at the same time satisfying the Law Society Practice Note. Let’s all hope that we have seen the back of the floods this year, in the meantime we can be working together to ensure we are playing our part in mitigating the risks for all stakeholders, especially the homebuyer.
John Pickford, Searches Manager, Thames Water Property Searches Thames Water Property Searches are experienced national providers of due diligence searches and training to legal property professionals. They protect conveyancers and their clients with a comprehensive range of products and a proven dedication to quality customer service. A member of their team would be happy to discuss how they can assist you with your conveyancing search and training requirements. They can be contacted on 0845 070 9148 or by emailing twps@thameswater.co.uk. Alternatively, visit www.thameswater-propertysearches.co.uk.
Education & Training
HAMPSHIRE LAW SOCIETY’S
CPD
CPD PROGRAMME
The CPD subcommittee will be meeting soon to agree a programme of seminars to run from September 2014. If you have any suggestions for topics and speakers please email Nicola on
Are you achieving your CPD hours – remember that your records can be checked at any time by the SRA 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
administration@hampshirelawsociety .co.uk There will be a questionnaire on its way to you soon by email – we would be very grateful if you could complete as fully as possible and return. It is designed to only take up a few minutes of your time but will result in a more tailored and relevant CPD programme.
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.
FORTHCOMING LECTURES
CONVEYANCING UPDATE Date: Time: Venue: Speaker:
Tuesday 17 June 2014 1400 - 1700 Holiday Inn, Leigh Rd, Eastleigh SO50 9PG Richard Snape
Richard Snape was formerly a full time lecturer of law at the University of the West of England. He has written extensively on property related matters notably in the Conveyancer and the New Law Journal and has been a regular contributor on CPD courses since 1991. His areas of specialism include landlord and tenant and in particular the 1954 act, assignment and sub-letting, real property and commercial property.
KEY POINTS Conveyancing continues to undergo major changes and the course will aim to look at the most important changes and their effect on the conveyancer. 18
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COMMERCIAL LEASES, ALL YOU NEED TO KNOW Date: Time: Venue: Speaker:
Tuesday 1 July 2014 1400 - 1700 Holiday Inn, Leigh Rd, Eastleigh SO50 9PG Edward Deneham
Edward Deneham is recommended by Chambers and Partners for real estate litigation which states “Edward Deneham of 9 Stone Buildings is extremely bright, very sharp and great on his feet. He knows his stuff and is very deliberate in his advice”. He recently y acted in the House of Lords leasehold enfranchisement case Majorstake v Curtis.
KEY POINTS • • • • • • • • •
Landlord’s consents Break clauses Alienation User covenants Rent reviews: trigger notices Construction and rectification Repairing obligations Alterations and additions Forfeiture
Social Events
MEMBER LUNCHES After a successful series of networking lunches held during 2013 throughout the county these are planned as follows: Portsmouth 12 June 2014 Southampton 26 June 2014 New Forest 14 July, White Buck, Burley 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. Cost £15.00 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 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. The first of these will take place at South Winchester Golf Club on Tuesday 3 June. Please contact Nicola Jennings if you wish to reserve your place.
ANNUAL CHARITY QUIZ NIGHT IN AID OF LAW CARE TUESDAY 24TH JUNE 2014 AT 7PM THE NOVOTEL, WEST QUAY RD, SOUTHAMPTON If you fancy testing your brain power and memory and enjoy competing against your colleagues and fellow solicitors then come along to the Hampshire Law Society charity quiz night. Teams of 6 which can be made up of colleagues or friends will compete against each other in 5 rounds of questions (which will not be on legal topics). Teams can be made up on the night if you are short on numbers. There will be spot rounds, a cash bar and a buffet supper included during the evening. A raffle will be held in aid of Law Care – if you wish to donate a raffle prize please let us know. The event which will be held at the central Novotel in Southampton with free parking is open to all. The entry fee for each team is £96 (Or £16/hd). There will be prizes for the champion team. Please enter as many teams as possible. Full details have been sent to you but to reserve your table please contact Nicola on administration@hampshirelawsociety.co. uk. Good Luck! Kindly sponsored by Wesleyan for Lawyers
To register your interest and to receive further information please contact Nicola Jennings on administration@hampshirelawsociety.co.uk
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Social Events
HAMPSHIRE LAW SOCIETY
ANNUAL DINNER 2014 22 MAY, WINCHESTER SCIENCE CENTRE, WINCHESTER 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. After dinner entertainment will be provided by Harvey Taylor, Psychotherapist and Hypnotist who will give an amusing talk on “How to dispose of that file no one in the office wants to open”.
The dinner is a black tie event. The evening commences at 7.00pm with a planetarium show and drinks reception with dinner at 8.00pm. The estimated time for carriages is 11.00pm. Winchester Science Centre is the unique and exciting setting for this year’s event. Guests are welcome to explore the 100 interactive hands on science exhibits prior to sitting down to a three course dinner. There is also the opportunity to enter the enormous domed screen planetarium which completely surrounds the audience, placing you right in the action. Relax back into a seat and get sucked into a black hole or fly through the solar system
There will be fundraising and a raffle in aid of the President’s chosen charity, Solent Mind which will be drawn by Abbey Crowe. Abbey is a bi-polar sufferer and works to reduce the stigma against mental health sufferers by giving lectures to young people. 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 and a limited number of reduced price tickets for Junior Lawyers (please ask for details). Numbers are limited so don’t miss out and book today. Tickets are priced at £39.00 to include the planetarium show, 3 course dinner and a drink on arrival. For those booking a table of 10 the price is reduced to £35.00.
WE THANK OUR SPONSORS
HILS NEW FOREST AREA ISLE OF WIGHT TRIP THURSDAY 26 JUNE 2014 DEPARTING KEYHAVEN 18.30 As before, members are welcome to bring both family, staff and other guests to join the party. As in previous years, we shall be catching the private ferry from Keyhaven, departing 6.30pm on Thursday 26th June. Parking is available in the public car park opposite The Gun public house. Please note that car parking charges apply after 6pm. The ferry will depart Yarmouth at 9.30pm arriving back at Keyhaven at approximately 10pm. The price per person is £29, this includes a tip for both the ferry and Saltys Restaurant. Drinks are not included. Please contact Nicola Jennings to reserve your place and to receive menu choices on administration@hampshirelawsociety.co.uk. Dress is casual.
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ANDREW CAPLEN INAUGURATION AS PRESIDENT Andrew Caplen is likely to become the second Hampshire solicitor to serve as President of the Law Society of England and Wales at the AGM in Chancery Lane on 10 July. In order to celebrate this wonderful occasion and to support Andrew a coach will be organised to transport Hampshire members to London. The cost of travel will be in the region of £15 per head. It is hoped that we can plan some sort of reception to follow the AGM and full details will be advised in due course.
Professional Practice
CRIMINAL DEFENCE SOLICITORS
ARE REVOLTING! Those who have followed the various press releases may be confused as to the current state of play regarding the proposed Crime contracts due to come into force during the summer of 2015. Hampshire. There are currently 43 contracts.
In summary, the Government are pressing ahead with a 17.5% cut in the fees payable under the Legal Aid scheme, which is to be introduced in two equal stages. The first cut of 8.75% was imposed on the 20 March 2014 the second cut (also 8.75%) will be imposed at the commencement of the contract in 2015. A national fee payable on a police station attendance has been introduced at £156.19 per case. In real terms the cuts represent a reduction in fees of between 20 – 25%. Other cuts are imposed in relation to Crown Court work. The Governments response to the second consultation paper is based on a report they commissioned by KPMG, which recommends that only 7 crime contracts will be issued to cover
As a result of proposed changes to the fee structure in the Crown Court, the Criminal Bar Association’s members agreed, in addition to other sanctions, a policy of ‘No Defence Returns’ for briefs which had the effect of slowing down the business in the Crown Court. The Ministry of Justice engaged with the CBA, who agreed to defer the imposition of the cuts to Crown court fees provided all action opposing the cuts was suspended. Whilst the leadership of the CBA agreed, the membership subsequently did not and there is now division in the ranks and a Special General Meeting has been called. Sound familiar? Following a national meeting of criminal defence solicitors in Manchester on the 19 March, a meeting of Hampshire firms was held on the 26 March which was attended by 46 solicitors representing 32 firms. The meeting was informed that the Ministry of Justice had also approached the largest 100 firms in the country suggesting that unless they withdrew their support of action against the cuts, a Contract Notice would be served on
them. These firms have the ability to ‘up size’ so that they are able to tender for contracts covering the entire country. The meeting was almost unanimous (one abstention) in agreeing not to work at the new rates, and unanimous in offering financial support in relation to any Judicial Review proceedings in the sum of £200 per firm. The CLSA have subsequently suggested a contribution of £250 per firm. Following the meeting on the 26 March, the CLSA and LCCSA have issued a press release indicating that, subject to there being an adequate reserve fund covering the personal liabilities of officers of the organisations, Judicial Review proceedings would be instigated against the Ministry of Justice. As decisions and announcements are made almost daily, probably by the time this article is published the situation will have changed again!
Ian Robinson Churchers Bolitho Way
REGISTRAR OF DEATHS IN HAMPSHIRE Towards the end of last year the Hampshire Law Society Committee became concerned about advertising contained within the pack handed out by Registrars of Death in Hampshire. It appeared that this had been going on for several years. The advertisement stated: “If you would like practical advice of what to do when someone dies, you can contact Bereavement Advice Centre on freephone 0800 258 5525 or visit www.bereavementadvice.org ....... provided by ITC”. During the past few years a number of our members who deal with probate work had become concerned about the activities of ITC (Independent Trust Company), as clients had found that on contacting the Bereavement Advice Centre, their details were passed to ITC, who then contact the bereaved person to sell probate work. A letter was accordingly written to the Hampshire County Council, Legal Department, on 6th November 2013 stating that the Hampshire Law Society believed that the duty of impartiality on the part of Hants County Council might
be breached by the fact that anyone reading it might think it is endorsed by the Hants County Council, and whilst the advertisement might not be factually accurate in its particulars, it might be regarded as such by virtue of its being misleading in relation to other providers in omitting realistic price comparators with Solicitors. The Society went on to say that it appeared that Hants County Council could appear to be endorsing the services of Bereavement Advice Centre and by implication providing ITC with a marketing opportunity.
We are pleased to report that as a result, the advertisement has been removed from wallets since January this year.
Mike Russell Smith, Hampshire Law Society Probate Sub-Committee Hampshire Legal
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Professional Practice
TIME IS OF THE ESSENCE ROYAL MAIL’S AIM TO DELIVER 93% OF FIRST CLASS POST BY THE NEXT WORKING DAY IS NOT QUICK ENOUGH... AT LEAST FOR SOME. Advances in mobile technology have increased the speed at which we communicate and people are reluctant to allow the requirement to sign a hard copy of a document to slow them down. Welcome the electronic signature. An electronic signature, or e-signature, is defined as anything in electronic form which is incorporated into or logically associated with an electronic communication and which purports to be used for the purposes of establishing the communication’s authenticity or integrity. Common examples are: • Tick boxes – accepting, for example, the terms and conditions of an online retailer; • Scanned signatures – a wet ink signature which is scanned and converted into digital format; and • Digital signatures – created using an electronic pen and pad. The Electronic Communications Act 2000 (in force since July 2000) provides that electronic signatures and related certificates are admissible in evidence in legal proceedings in respect of any question regarding the authenticity or integrity of an electronic communication. What does this mean in practice? The Law Commission published an advice paper to the government in 2001. The Law Commission’s view was that changes are not necessary in relation to statutes requiring signatures, as the test for whether signature requirements are met is whether the conduct of the wouldbe signatory indicates an authenticating intention to a reasonable person. To create a simple contract there must be offer, acceptance and an intention to create legal relations by the parties. The result of failing to satisfy these requirements is a contract that is not valid between the parties.
It is therefore acceptable for an electronic signature to satisfy the requirement that a person must “sign” a document. Although possibly avoided in property transactions, it seems very likely that the demand for this method will increase as technology continues to develop. The above option should be distinguished from deeds and those documents requiring registration at the Land Registry. A transfer or creation of an interest in land must be made by deed. In addition, in order to comply with the Law of Property (Miscellaneous Provisions) Act 1989, a contract for the disposition of land must be: in writing; signed by or on behalf of each party; and incorporate all the terms that have been expressly agreed. At present, it is unclear whether a deed can be validly executed using an electronic signature and as a result solicitors will continue to err on the side of caution. Additionally, the Land Registry does not currently accept documents (be that contracts or deeds) electronically signed and these must continue, therefore, to be made in hard copy and signed by way of a wet ink signature.
Sean Logan is a solicitor in the commercial property department of Hart Brown. He trained in Cheltenham before moving to Guildford to join the commercial property team in 2011. www.hartbrown.co.uk
It seems this is another example of legislation having to catch up with the technology available. However, with the time and cost benefits available from going paperless – and the Land Registry’s aim to create an electronic conveyancing system – it may not be too long before the humble pen is gathering dust at the back of the desk draw.
“It’s clear that electronic communications have affected and will continue to affect the use of the post. However, long-established practices mean that the legal sector, in particular, continues to be reliant on efficient postal services. Lawyers and their clients continue to be unsure of the legal validity of electronic communications and concerned about the information security and their data protection obligations. For this reason, DX has been developing electronic products that will help the legal profession use electronic communications both efficiently and securely, whilst providing the peace of mind they’re used to from physical postal services.” James Timberlake, Director at DX
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Professional Practice
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FIXED PROFIT PARTNERS BEWARE – THE REMOVAL OF THE PRESUMPTION OF SELF-EMPLOYMENT On 6 April 2014 new legislation came into force relating to “salaried members” or “fixed profit partners” of LLPs. This has followed a consultation released in May 2013 and the subsequent draft Finance Bill published in December 2013 and seeks to address perceived tax avoidance from disguised employment within Limited Liability Partnerships (LLPs).
Naomi Nesbit, Tax Partner Wilkins Kennedy Previously there was a presumption, supported by legislation that all individual members of an LLP were to be treated as self-employed for tax purposes, even if the terms of their engagement more closely resembled those of an employee. The effect of this was that a member could receive more favourable treatment in terms of income tax and NICs than if they were an employee engaged under similar terms. This presumption has been removed by the new legislation, contained within s863A-863C of ITTOIA 2005. The removal of the presumption of selfemployment is achieved by setting out three conditions. Where all of these conditions are satisfied in a given tax
year, the relevant member will be treated for tax purposes as an employee of the LLP with full tax, employee and employer National Insurance ramifications (although in an interesting quirk you will note that they are deemed employees for tax purposes only and not for the purpose of employment law). These conditions are as set out below:
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. For smaller firms, significant influence by each member may be possible.
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 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.
Condition B - The member does not have significant influence over the affairs of the partnership; and
If you are concerned that your own LLP may be caught by this new legislation, please do contact your local Wilkins Kennedy office and we will be happy to advise you accordingly.
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 to avoid a profit share being deemed 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.
CONSUMER CREDIT CHANGES As from 1 April responsibility for the issue and oversight of consumer credit licences passes from the Office of Fair Trading (the OFT) to the Financial Conduct Authority (FCA). Carrying out consumer credit work without the necessary licence or exemption from this date will be a criminal offence. If you have a licence already you will need interim permission to continue carrying out consumer credit work from this date. If you are unclear whether you need a licence, you should refer to the Law Society and SRA advice (links below) and the OFT and FCA websites.
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The Law Society group licence from the OFT will also end on this date. This currently allows solicitors to carry out certain consumer credit work without requiring an individual licence. Unfortunately the scope of what will amount to consumer credit work under the new regime is still unclear. However, you can find more details at http://www.lawsociety.org.uk/advice/articles/changes-to-consumer-creditregulation and http://www.sra.org.uk/sra/news/press/further-consultationconsumer-credit-work.page.
Professional Practice
MANAGING THE RISK With Insurers facing ever escalating claims costs and clients demanding minimal premiums it is inevitable that those firms who are able to demonstrate superior claims experience and high quality risk management procedures, are those who will be most sought after by insurers. Due to the limited number of rated providers and the quality of data retained by insurers, it is highly likely that many underwriters will have received risk presentations from the same clients or prospective clients year after year. In some cases this can be through a variety of brokers which enables them to build a historic risk profile. With this in mind it is more important to demonstrate to insurers that firms have robust procedures in place which will prevent claims from happening, rather than insurers assuming that a firm simply may have been fortuitous in avoiding claims to date. Claims are seen from a variety of areas such as administrative errors, routine clerical mistakes, pressures of work volume, poor recording of client instructions, client selection, giving advice in areas without sufficient expertise, and training. Insurers should be advised that not only have these risks have been identified by firms, but that there is a culture of embedded risk awareness throughout the firm, rather than as an after-thought. Partners should be aware of their responsibilities, that there are
procedures of risk management in place, and these are reviewed to ensure they are effective with a clear chain of responsibility with named individuals to ensure prevention, or early recognition of instance which may give rise to a claim. A good quality insurance broker will not simply gather information to complete the proposal form. They will take the time to discuss and understand their clients and potential clients business, and pass these positive features on to the insurers. There is of course a Commercial consideration for doing this, because they are looking to present clients in the best possible light and differentiate themselves, not just from competing brokers but also from any previous information an insurer may hold for a firm. For further information on any of the above content above please contact:-
Tristan Webb, Managing Director, Aspire Insurance Services Limited 0845 270 6720
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LASPO: ONE YEAR ON I gave a workshop on the Legal Aid Sentencing and Punishment of Offenders Act 2013 (LASPO) one year on for the Law Society Legal Aid conference. I have summarised below facts from this which I hope will assist practitioners. http://www.justice.gov.uk/legal-aid http://www.publiclawproject.org.uk/exceptional-funding-project http://www.resolution.org.uk/e_news/legal_aid • Train staff to ensure clients bring in the appropriate proof, particularly means including Bank statements even if on passported benefits and, if possible, the gateway proof
2. DOMESTIC VIOLENCE AND THE THRESHOLD CRITERIA
a) Domestic violence definition: “any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other.” Section 12 Wendy Hewstone Access Law, Southampton
1. OPERATING UNDER THE NEW RULES: a) Misconceptions in family matters • You do NOT need the DV gateway to apply for an injunction • Applicants and Respondents to an injunction can still receive legal aid • Public law care is still in scope, both for parents and other relatives – although other relatives do not automatically qualify on means • International Child Abduction through the Hague Convention is still in scope, both for Applicants and Respondents, but only Respondents need to pass the means and merits tests. • Applications for Wardship and under the inherent jurisdiction are still in scope (Paragraph 9 Part 1 Schedule 1 FAQ 28) but merits and means tested • Internal Abduction: Unlawful removal within the UK is covered but normally only if no PR. Not for the subsequent residence/contact http://www.justice.gov.uk/ downloads/legal-aid/fundingcode/lord-chancellorsguidance.pdf — p.60 • Exceptional funding may be available but how successful have the applications been? 1%! b) Suggestions to assist • Make use of free online resources: http://legalaidhandbook.com
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b) Definition of associated persons from Section 62 Family Law Act 1996 c) Gateway considerations: Civil Legal Aid (Procedure) Regulations 2012 (“the Procedure Regulations”). Regulation 33 domestic violence and Regulation 34 child protection. There is no discretion for the Legal Aid Agency to accept other forms of evidence or to waive the requirements. d) The Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012 Evidence Requirements for Private Family Law Matters http://www.justice.gov.uk/downloads/legal-aid/funding-code/evidencerequirements-for-private-family-law-matters-guidancee) Main routes for DV gateway: • Criminal convictions/charge • Staying in a refuge • Protective Injunction (not where cross undertaking not to harass or threaten) • GP or health professional letter New from 22.4.2014 http://www.legislation.gov.uk/uksi/2014/814/contents/made Regulation 33. The additional evidence relates to: • police bail for a domestic violence offence; • refusal of entry to a refuge on account of the refuge having insufficient accommodation; • referral by a health professional to a specialist support service; • domestic violence protection notices; domestic violence protection orders; and binding over orders for a domestic violence offence. Regulation 34 The additional evidence relates to police bail for a child abuse offence. BUT new in… LAA will be able to withdraw a determination that civil legal services are available to an individual if the evidence relied on related to a person being on police bail and that person is not ultimately charged. Also can withdraw if relied on a domestic violence protection notice then there was an unsuccessful application for a domestic violence protection order. f) Template letters: http://www.justice.gov.uk/legal-aid-for-private-family-matters https://www.justice.gov.uk/legal-aid-for-private-family-matters/legal-aiddivorcing-separating-abusive-partner
Professional Practice
JLT EXTEND PII INSURANCE OFFER 3. MEDIATION ISSUES
New Hampshire Law Society corporate sponsor promises to do all they can to help Hampshire law firms contain their professional indemnity insurance costs
Mediations have fallen by over 45% From 22nd April 2014 it is compulsory to attend a MIAM before issuing an application for private family law. Section 10 Children and Families Act 2014 Family mediation information and assessment meetings(1) Before making a relevant family application, a person must attend a family mediation information and assessment meeting. There are exemptions: (2) Family Procedure Rules— (a) may provide for subsection (1) not to apply in circumstances specified in the Rules, (b) may make provision about convening a family mediation information and assessment meeting, or about the conduct of such a meeting, Legal Help is still available for parties engaged in Mediation, the mediators need to send the lawyer the Controlled Work 5 form but the rates are low: £150 per case, even if the issues are both finance and children, and the settlement fee for preparing the consent order is £200 in relation to divorce cases and only for the lawyer preparing the Order, not the recipient.
4. FUTURE CHANGES TO LEGAL AID a) Fees: From 22nd April 2014 care representation fees are being reduced by a further 10%, making a total reduction since the fixed fees came in from 2007 of over 25%. The regional variations remain (although these are being reviewed) and hourly rates will be reduced by 10% as well. b) Supporting the introduction of the single Family Court – The LAA will link payments under the: • Care Proceedings Graduated Fee Scheme and the Private Family Law Representation Scheme to the level of Judge presiding at the final hearing; and • FAS to the level of judge presiding at each separate hearing. Any hearings taken by a Justices’ Clerk or Assistant Justices’ Clerk would be remunerated at the same rate as those hearings conducted by lay Justices. • There is meant to be a reduction in the size of Court Bundles (Practice Direction 27A) but no decision is yet made about payments (if any) for bundles c) Children and Families Act S12. Child arrangements orders “... “child arrangements order” means an order regulating arrangements relating to any of the following— (a) with whom a child is to live, spend time or otherwise have contact, and (b) when a child is to live, spend time or otherwise have contact with any person;...” As parties are unlikely to be legally represented in these cases it will be interesting to see how the Courts construct these orders, especially in light of: 11 Welfare of the child: parental involvement “(2A) A court, is to presume, unless the contrary is shown, that involvement of (both) parents in the life of the child concerned will further the child’s welfare. (2B) In subsection (2A) “involvement” means involvement of some kind, either direct or indirect, but not any particular division of a child’s time.”
Mike Perry, Partner The professional indemnity season is seemingly dogged by uncertainty for buyers as we await the unrated markets consultation outcome. Whilst many commentators predict any ban on unrated insurers will restrict choice and increase costs, particularly for smaller practices, we are seeing developments that might suggest a competitive market place exists for the majority of firms. Some insurers have started early offering existing clients the chance to extend their policies by six months or more at last year’s rate, others are indicating a desire to grow their market share and there are indications that new insurers are looking to enter the solicitors PII market. One insurance broker, JLT Specialty, is definitely raising their ambitions and they have just agreed a new corporate sponsorship package with the Hampshire Law Society. “We are delighted to be aligned with Hampshire Law Society and look forward to working with their members and helping them with their insurance issues” said Mike Perry, a Partner in their Solicitor’s Professional Indemnity Practice. Since 2012 JLT Specialty has had an exclusive scheme for one to three partner firms and their proposition built on a promise to treat each solicitor individually has helped them become a leader in this segment with a 10% market share. According to Perry they are confident that their exclusive facility with AmTrust will remain extremely competitive “we will be looking to increase our market share so expect firms will be pleasantly surprised with our quotations. We will, also, shortly be launching a new facility for four to 10 partner firms with a new “A” rated market entrant that we expect to be very competitive and which can only be accessed through JLT Specialty”. JLT Specialty provide corporate insurance broking, risk management and claims consulting services in defined market sectors where they provide expert advice and robust solutions. They are a member of Jardine Lloyd Thompson Group plc, a FTSE250 listed company and one of the world’s largest providers of insurance and employee benefits related advice, brokerage and associated services. As part of their sponsorship they will be writing a small insurance advisory column in this magazine and if anyone would like any issues discussed then we would invite you to email mike_perry@jltgroup.com.
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ANDREW MITCHELL MP, PLEBGATE, SANCTIONS & RELIEF THE NEW COURT OF APPEAL COMPLIANCE DIRECTIVE Little did Andrew Mitchell realise when he left Downing Street on that fateful autumn evening on 19 September 2012 that a heated exchange would follow which would usher in a turbulent political storm, a fall from grace, a police enquiry and a case which would have implications for all in the legal profession. Amidst the dialogue between the representatives of government and the police Plebgate was born. As we now close in on the centenary of the First World War another storm is brewing, not just in the Crimea, but in the corridors of the courts and the legal landscape. Andrew Mitchell may not be a caped eco warrior although he will forever be a legal cause celebre. Somewhere between the front pages of the press and Operation Alice a defamation action subsequently took shape which eventually came to the attention of the Court of Appeal in the form of a judgment handed down on 27th November 2013: Mitchell MP v News Group Newspapers Ltd [2013] EWCA Civ 1537. As this is my mother’s birthday I should never forget and nor should you. It has been described as the most significant ruling since the Jackson reforms came into force.
MITCHELL MP THE BACKGROUND On 21 September 2012, the Sun Newspaper reported that Andrew Mitchell then the Chief Whip of the Conservative Party had raged against police officers at the entrance to Downing Street shouting ‘you’re f…ing plebs.’ The incident which received wide public attention became known as Plebgate. In an attempt to protect his reputation Andrew Mitchell issued proceedings for defamation on 7 March 2013 which were defended on the basis of justification and public interest the Reynolds defence. CPR PD51D Defamation Proceedings Costs Management Scheme applied to the proceedings. Paragraph 4 of the practice direction provided: The parties must exchange and lodge with the court their costs budgets in the form of Precedent HA not less than 7 days before the date of the hearing for which the costs budgets are required. On 5 June 2013, the court issued an order that there would be a case management and costs budget hearing on Monday 10 June. As a result of the late notification of the date to the parties the hearing was re-listed to 18 June. The defendant filed its costs budget of £589,558 on 11 June. The Claimant’s solicitors filed their costs budget of £506,425 on the afternoon of 17 June the day before the hearing. The Defendant took issue that the costs budget was late and asked for sanctions to be applied.
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THE ISSUE FOR THE COURT OF APPEAL As the Claimant had not filed its cost budget within seven days prior to the date of the first hearing on 18th June Master McLoud determined that the Claimant should be treated as having filed a budget comprising only the court fees and limited costs accordingly. She allowed the Claimant to apply for relief from sanctions which she heard on 25th July although the Claimant faired no better and she refused to grant relief. The Claimant’s contentions as to pressures of work and lack of prejudice to the Defendant cut no ice. By contrast for the Claimant, the effect of the order was to deny a potential cost recovery of £500,000 if successful at final hearing on the merits. The Claimant in consequence appealed. As the Court of Appeal stated in its judgment: ‘The question at the heart of the appeal is: how strictly should the courts now enforce compliance with rules, practice directions and court orders?’ Indeed this was the first time that the Court of Appeal had been called upon to decide the correct approach to the revised version of CPR 3.9 (relief from sanctions) which came into force on 1 April 2013 to give effect to the reforms recommended by Sir Rupert Jackson. After swiftly addressing due warnings given by the Judiciary as to sanctions which would be applied in cases of default the Court of Appeal turned to the question of relief from sanctions.
OLD CPR 3.9 Prior to 1st April 2013 the old CPR 3.9(1) provided as follows: ‘On an application for relief from any sanction imposed for failure to comply with any rule, practice direction or court order the court will consider all the circumstances including a) the interests of the administration of justice; b) whether the application for relief has been made promptly; c) whether the failure to comply was intentional; d) whether there is a good explanation for the failure; e) the extent to which the party in default has complied with other rules, practice directions, court orders and any relevant preaction protocol; f) whether the failure to comply was
caused by the party or his legal representatives; g) whether the trial date or the likely trial date can still be met if relief is granted; h) the effect which the failure to comply had on each party; and i) the effect which the granting of relief would have on each party.’
NEW CPR 3.9 The new version of CPR 3.9(1) with effect from 1st April 2013 provides as follows: ‘On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need a) for litigation to be conducted efficiently and at proportionate cost; and b) to enforce compliance with rules, practice directions and orders.’ As will be seen there is a marked difference in emphasis between the old and new court rules. With the new rule has come a new interpretation.
JUDGMENT – THE NEW COMPLIANCE DIRECTIVE Lord Dyson Master of the Rolls who gave the lead judgment in Mitchell drew attention to Sir Rupert Jackson’s Report on Civil Justice in which he made the following recommendations: ‘First, the courts should set realistic timetables for cases and not impossibly tough timetables in order to give an impression of firmness. Secondly, courts at all levels have become too tolerant of delays and non-compliance with orders. In doing so, they have lost sight of the damage which the culture of delay and non-compliance is inflicting upon the civil justice system. The balance therefore needs to be redressed.’ It will be noted that the New Version of CPR 3.9(1) is the version recommended by Sir Rupert Jackson and signals a marked ‘change of balance.’ As Lord Dyson commented the explicit mention of the 2 factors in the New CPR 3.9(1) ‘should now be regarded as of paramount importance and be given great weight. It is significant that they are the only considerations which have been singled out for specific mention in the rule.’ Lord Dyson noted that whilst all the
Professional Practice
circumstances of the case should be considered ‘the other circumstances should be given less weight than the two considerations which are specifically mentioned.’ Lord Dyson then drew attention to the 18th implementation lecture on the Jackson reforms delivered by the Master of the Rolls on 22 March 2013, noting ‘that there was now to be a shift away from exclusively focusing on doing justice in the individual case.’ In that lecture the Master of the Rolls stated: ‘The relationship between justice and procedure has changed. It has changed not by transforming rules and rule compliance into trip wires. Nor has it changed it by turning the rules and rule compliance into the mistress rather than the handmaid of justice. If that were the case then we would have, quite impermissibly, rendered compliance an end in itself and one superior to doing justice in any case.’ ‘Justice in the individual case is now only achievable through the proper application of the CPR.’ ‘The tougher, more robust approach to rule-compliance and relief from sanctions is intended to ensure that justice can be done in the majority of cases. This requires an acknowledgement that the achievement of justice means something different now. Parties can no longer expect indulgence if they fail to comply with their procedural obligations.’ Lord Dyson embracing the above words on behalf of the Court of Appeal in Mitchell stated ‘We endorse this approach.’ The lecture has therefore now come home to roost. Lord Dyson continued ‘the expectation is that the sanction will usually apply unless (i) the breach is trivial or (ii) there is a good reason for it’ and emphasized that the Court of Appeal ‘will not lightly interfere with a case management decision.’ Save where the non-compliance can be characterised as trivial, the burden is on the defaulting party to persuade the court to grant relief. Save in cases of trivial breaches of rules, practice directions and court orders the approach which the court should adopt was highlighted by Lord Dyson as follows: ‘The court will want to consider why the default occurred. If there is a good reason for it, the court will be likely to decide that relief should be granted. For example, if the reason why a document was not filed with the court was that the
party or his solicitor suffered from a debilitating illness or was involved in an accident, then, depending on the circumstances, that may constitute a good reason. Later developments in the course of the litigation process are likely to be a good reason if they show that the period for compliance originally imposed was unreasonable, although the period seemed to be reasonable at the time and could not realistically have been the subject of an appeal. But mere overlooking a deadline, whether on account of overwork or otherwise, is unlikely to be a good reason. We understand that solicitors may be under pressure and have too much work. It may be that this is what occurred in the present case. But that will rarely be a good reason.’ Lord Dyson then added: ‘In short, good reasons are likely to arise from circumstances outside the control of the party in default.’ ‘The new more robust approach that we have outlined above will mean that from now on relief from sanctions should be granted more sparingly than previously.’ ‘We accept that changes in litigation culture will not occur overnight. But we believe that the wide publicity that is likely to be given to this judgment should ensure that the necessary changes will take place before long.’ Lord Dyson in his words was championing in a new disciplined culture of compliance.
SEISMIC CHANGE - SANCTIONS, PROPORTIONALITY & JUSTICE Counsel for Mr Mitchell contended that the sanction applied in this case was disproportionate. He contended in essence that the punishment should fit the crime and at the very least that partial relief should be granted. In short measure the Court of Appeal dismissed this final submission and with it the appeal commenting that partial relief would rarely be appropriate. Lord Dyson concluded by saying: ‘We hope that our decision will send out a clear message.’ Mitchell was fast tracked to the Court of Appeal to enable the senior judiciary to hand down guidance to the lower courts and sends out a clear message for Strict Compliance with the court rules, directions and timetables. Mr Mitchell, his solicitors or insurers now face a non recoverable £500,000 legal bill even if they win the case.
LIFE AFTER MITCHELL It did not take long for the Court of Appeal to revisit the question of sanctions and relief. Indeed the case of Mitchell was followed hot on its heels by the Court of Appeal decision in Durrant v Avon & Somerset Constabulary [2013] EWCA Civ 1624 published on 17th December 2013. If Mitchell did not pronounce its message clearly enough from the parapets Durrant was resonant in its endorsement and embellishment of Mitchell. Mitchell concerned non compliance with cost budgeting. Durrant by contrast concerned non compliance with the exchange of witness statements and indeed 8 witness statements served at various intervals after the deadline imposed by an unless order. The claim in Durrant related to an arrest, a claim for false imprisonment, assault, malicious prosecution, misfeasance in public office, defamation and race discrimination. Unlike in Mitchell the judge at first instance in Durrant granted relief from sanctions in the light of the serious allegations being made against police officers to enable the Defendant to rely upon the witness evidence. The Court of Appeal however took a somewhat tougher, more robust view. Lord Justice Richards who gave the lead judgment in Durrant observed: ‘The judgment in Mitchell reiterated …that this court will not lightly interfere with a case management decision…Equally, however, if the message sent out by Mitchell is not to be undermined, it is vital that decisions under CPR 3.9 which fail to follow the robust approach laid down in that case should not be allowed to stand. Failure to follow that approach constitutes an error of principle entitling an appeal court to interfere with the discretionary decision of the first instance judge.’ Lord Justice Richards characterised the delivery of 2 witness statements that were posted just before the deadline for service but which arrived after the deadline as trivial in itself. That however was not the end of the matter. By contrast 4 witness statements which were served two months late and another 2 witness statements which were served just days before the trial were characterised as serious breaches. The Defendant did not come close to offering good explanations for non compliance in relation to the latter 6 statements and these were accordingly denied in evidence. The Court of Appeal then revisited the 2 statements served just after the deadline and returned to the words of Mitchell: continued
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‘If this can properly be regarded as trivial, the court will usually grant relief provided than an application is made promptly.’ Lord Justice Richards then focused on the 2 month delay in applying for relief from sanctions. ‘If relief from sanction was to be sought, it should have been sought promptly. Taking everything into account, and placing particular weight on the failure to make a prompt application for relief from sanction, we have come to the conclusion that the application for relief should be refused even in relation to the evidence of those two witnesses.’ Lesson: If an application for relief from sanctions is to be made it is important to do so promptly. More importantly as Mitchell indicated if deadlines are likely to be missed and further time justifiably needed applications for extensions of time should be made before and not after the deadline has passed. ‘Applications for an extension of time made before time has expired will be looked upon more favourably than applications for relief from sanction made after the event.’
TRIVIAL BREACHES & HOPE Mitchell endorsed the principle that trivial breaches could be excused by granting relief from sanctions. Pay heed however to the lessons from Durrant above. In Mitchell Lord Dyson stated: ‘We hope that it may be useful to give some guidance as to how the new approach should be applied in practice. It will usually be appropriate to start by considering the nature of the noncompliance with the relevant rule, practice direction or court order. If this can properly be regarded as trivial, the court will usually grant relief provided that an application is made promptly. The principle “de minimis non curat lex” (the law is not concerned with trivial things) applies here as it applies in most areas of the law. Thus, the court will usually grant relief if there has been no more than an insignificant failure to comply with an order: for example, where there has been a failure of form rather than substance; or where the party has narrowly missed the deadline imposed by the order, but has otherwise fully complied with its terms.’ The default in Mitchell was not considered to be minor or trivial and indeed without excuse. Questions therefore arise as to what amounts to a trivial breach. After all Mitchell was a case where there was a delay of 7 days in serving a cost budget in circumstances where the parties were given at most four days prior notice from the court to comply if we include the weekend.
2014 CASES The case of Mitchell came to the attention of the High Court in two recent cases which may perhaps offer a limited degree of comfort to the weary practitioner: Summit Navigation Ltd v Generali Romania Asigurare Reasigurare SA [2014] EWHC 398 (Comm) and Rattan v UBS AG, London Branch [2014] EWHC 665 (Comm). In Summit Navigation the Claimant provided security for costs at 10am the
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morning after the 4pm deadline had expired the previous day. The Defendant relying on Mitchell sought to argue that the case could not proceed and should be permanently stayed. Leggatt J giving judgment and granting relief in Summit Navigation stated that ‘the reliance placed on Mitchell in this case has had the very consequences which the new approach enunciated by the Court of Appeal in Mitchell is intended to avoid’. Leggatt J continued: ‘The defendants in this case have sought to rely on Mitchell to turn to their tactical advantage a short delay by the claimants in providing security for costs which in itself had no material impact on the efficient conduct of the litigation.’ Leggatt J concluded by saying that he would put his reasons in writing ‘in the hope of discouraging other litigants from making similar arguments to those made by the defendants in this case, with similar disruptive consequences.’ Leggatt J sought to distinguish security for costs and sanctions ‘not intended to be permanent’ and characterised the breach in any event as trivial and ‘not material’. Likewise in Rattan, Males J handed down his judgment in writing on 12th March 2014 with the express intention of reinforcing ‘the message that the Commercial Court will firmly discourage the taking of futile and time wasting procedural points.’ The Claimant had taken issue that the Defendant’s cost budget had been filed one day late and that their costs should be restricted in consequence only to the court fees. It will be noted that combined costs in the case were estimated at £2m. The Defendant by contrast alleged that the Claimant had not only agreed but suggested that cost budgets be exchanged on 28th February rather than 27th February as required under the rules. The Defendant contended that the Claimant was trying to lead it into ‘a cunning trap’. Males J preferred to characterise this as a ‘misguided piece of opportunism’. It is interesting to note that Males J took the view, in the light of the timetable agreement between the parties that no application for relief was necessary although he expressly stated that ‘if relief from sanctions had been necessary, which in my judgment it was not, the case for such relief would have been overwhelming’. Indeed Males J dismissed the Claimants attempt to apply sanctions within the context of an agreed timetable as ‘manifest nonsense’ and ordered the Claimant to pay wasted costs of the argument on an indemnity basis of £4500. A similar adverse costs order was also made in Summit Navigation. In Rattan, Males J concluded by saying: ‘It is in my view a case which cries out for mediation.’ Mediation, as encouraged by PGFII, may indeed save blushes, avoid litigation risks and provide solutions that all parties can live with. There are still clearly interpretations to be made and fine lines to be drawn. The issue of sanctions and relief is far from
set in stone. What after all is trivial or material? What can parties agree? And how may Mitchell be distinguished or applied? First instance judges are still at the front line of case management. Where sanctions are not prescribed decisions are still primarily in their hands. It may be difficult, however, to appeal an unfavourable decision on the grounds of proportionality or fairness.
THE OUTLOOK Mitchell has been described as a modern litigation ‘game changer’. It has implications far beyond cost budgeting and extends in its current form to all areas and issues of compliance under the court rules. Many however now question whether rule compliance has become the mistress rather than the handmaid of justice. Thompsons solicitors have described a ‘climate of fear.’ Even the Law Society has voiced concerns about co-operation breaking down. Questions have been raised about Justice and whether the pre-eminent position of the British Legal system has been undermined. Justice may indeed have been consigned to the sub text of CPR 3.9. Some judges, however, are wielding a liberal interpretation with justice in mind. It is of course a matter for the lawyer to properly manage his diary and pay heed to the court rules and judge’s directions. As Durrant noted excuses of ‘other professional commitments, holiday season, bad weather, operational commitments of the witnesses’ will rarely be accepted. Bells and Klaxons may indeed now need to sound out ever increasing timely warnings of impending peril. Kerry Underwood characterised the decision in Mitchell as ‘breathtakingly Orwellian.’ Norman Tebbitt MP, a man of 1984, once famously told us to get on our bike. Perhaps, however, there are dangers in store for those who do! The Message from the Courts is clear: The Need for Compliance with Court Rules & Directions. The Courts certainly now adopt a tough more robust approach to enforcing compliance with rules, practice directions and orders and in considering relief from sanction. Some of us may need to pay a trip to LawCare for relief and support. Whilst ‘trivial breaches’ and ‘good reason’ may provide salvation for some and the justice of Lord Denning may on occasion come to the rescue of unwitting souls cloaked in the now unassuming garb of a judge wielding Excalibur in hand and creative interpretation aloft the legal path is now cloaked with danger for the unwary. Like Sherlock Holmes one suspects and hopes that Justice is not dead and may rise from the ashes although practitioners now miss deadlines and breach rules and court orders at their peril. Indeed there may be no Britannia or Arthurian Knight to come to the rescue.
By Russell Evans, Mediator and Mediation & Arbitration Panel Manager at Resolve UK approved by the Ministry of Justice www.resolveuk.co.uk.
Professional Practice
WHAT DO THE REFORMS OF THE PENSION INDUSTRY MEAN FOR YOU IF YOU ARE PLANNING TO RETIRE IN THE NEXT FEW YEARS? Labelled as a Budget for “makers, doers and savers”, the Chancellor, George Osborne, placed those facing retirement in the near-future at the centre of his latest Budget, highlighting a number of reforms to give those in retirement greater access and control over their pension savings. The recently mooted changes to the UK pension system in the March Budget, if realised, have the potential to completely reshape the industry as a whole. They will fundamentally affect the financial futures of those considering retirement in the next few years. Indeed, many individuals coming up to retirement have put their current plans on hold, with the prospect of increased control over how their hard-earned savings are spent under future reforms, looking very appealing given current annuity returns.
HOW WILL THIS AFFECT YOU? Below, we explore the recent changes that have actually taken force already and the possible financial options open to those facing retirement if the wider reforms occur in 2015.
WHAT CHANGES HAVE ALREADY BEEN IMPLEMENTED? There are a number of changes announced in the Chancellor’s Budget, which have already come into effect. The first is referred to as ‘trivial commutation’. Put simply, this affects individuals retiring with a defined contribution pension that is less than £30,000. If this affects you, you will now be allowed to withdraw the full amount as a lump sum. Previously, retirees were only allowed to receive the full amount if their total pension savings were under £18,000. The second change already in place centres on small pension pots. The number of small pension pots that can now be taken as a lump sum has increased from two to three, with the previous £2,000 withdrawal limit rising to £10,000. This means, if an individual has three small pension pots, each worth £10,000, they will be able to withdraw the full £30,000. The first 25% of the total cash withdrawal from their pensions will be tax free but the remaining 75% will taxed at their marginal rate.
Wales currently standing at £743 per month, entering the buy-to-let market may be a viable option for retirees hoping to invest their savings outside of an annuity. • Stocks and shares - With interest rates at 0.5% and forward guidance suggesting there is little chance of them rising rapidly in the foreseeable future, those withdrawing lump sums from their pensions may consider developing an investment portfolio as a viable option. • The bank of Mum and Dad - Pension savings might also be used to support family members financially with education and childcare costs or deposits to help them progress up the property ladder. • Annuities - Whilst the reforms plan to remove the obligation to purchase an annuity with one’s pension pot, for many, the security of a fixed income may still be appealing, in which case annuities could still be an attractive option. There are of course a multitude of other potential investment avenues that newly financially-empowered retirees could consider if the reforms go ahead. However, these require more detail than this article can afford. What these reforms do highlight starkly though, is that with all the new options available, there will be an even greater need for those considering retirement in the next few years to seek professional advice. calculis, as Chartered Financial Planners, are experienced at working with Solicitors to help you make the best decisions for your financial security in retirement.
If an individual has a “capped drawdown” pension (where they can only take a ‘fixed’ amount from their pension every year), the maximum amount they can take each year has increased from 120% to 150% of an annuity income. If you’re in a ‘capped drawdown’ scenario and have at least £12,000 a year ‘secure pension income’, which includes state pension and annuity payments, you can now move to flexible drawdown, which will give you complete freedom over how much you take out of you pension going forward. Previously, people could only move to flexible drawdown if they had a secure pension income of at least £20,000 a year.
WHAT ARE THE IMPLICATIONS OF THE PROPOSED PENSION REFORMS PLANNED FOR 2105? Whilst by no means guaranteed, with Labour now coming out and supporting the coalition’s revolutionary pension reforms, it seems increasingly likely that the proposed changes will become reality. The impact of these changes is hard to predict; however, what is guaranteed is they will give pensioners far greater freedom when it comes to making financial decisions for their future. As of 2015, it is expected that all restrictions currently applied to pensions will be removed and the requirement to buy an annuity will be scraped, as long as the individual is over 55. Once again, any money taken out of pensions will be 25% tax free, but the remaining balance will be subject to tax at your marginal rate. But as is the case in so many areas of our lives, with greater freedom comes greater responsibility. The reforms open up a wealth of financial opportunities to consider.
POTENTIAL OPPORTUNITIES: • Property - With property prices predicted to rise even further in the near future and the average rent across England and
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Professional Practice
VETERANS’ COURT DIVERSION SCHEME IN HAMPSHIRE BACKGROUND
KEY FINDINGS TO DATE
Two year funding was obtained from the Department of Health in April 2012 to develop and run Armed Forces Veterans’ Court Diversion and Peer Mentoring for convicted veterans. The scheme has two elements; diversion at the point of arrest, which is run by Southern Health and Peer Mentoring of veterans leaving HMP Winchester or on Probation, which is run by Hampshire Probation Trust.
• High predominance of mental health issues, particularly depression and anxiety
The scheme reports into the panHampshire Criminal Justice Liaison Group andis supported by a multi-agency steering group, chaired by Hampshire County Council. Membership of the steering group is drawn from statutory services; Hampshire Constabulary, Hampshire County Council, HMP Winchester, Hampshire Probation Trust, NHS England Wessex Area Team, NHS Hampshire, Portsmouth City Council and Southern Health NHS Foundation Trust, military organisations and charities: BLESMA, RBL, Regular Forces Employment Agency, SPVA, SSAFA, The Warrior Programme, Veterans Outreach Service Portsmouth and the University of Portsmouth.
• Multiple problems encountered by veterans over long periods of time • Relatively high levels of alcohol misuse and domestic abuse • Isolation • Typical offence appears to be assault, often related to domestic situations and alcohol related crimes • Predominantly from an Army background • Varying ages, length of service and ranks • Willingness of veterans to act as volunteer peer mentors • Multi-agency commitment to the scheme from offender, health, social care and military organisations • Sharing of information about local and national resources across the steering group
AIMS
COURT DIVERSION
1. When appropriate, to divert veterans out of the criminal justice system into more appropriate support settings, such as mental health services, substance misuse services or military charities.
The Court Diversion worker is a mental health professional attached to the Liaison and Diversion scheme run by SHFT. The role requires liaison with Police Custody Suites and Courts to ensure that people who need to be supported by mental health services are diverted out of the criminal justice system where appropriate.
2. For those with convictions, to help them reintegrate into community life and appropriate support networks, reducing risk of re-offending. 3. To identify the needs of this population to inform future service delivery. 4. To raise awareness of the needs of the veteran population in contact with criminal justice.
DELIVERY The Court Diversion worker links with Police Custody Suites and can work directly with people arrested who are identified as having served in the military. The worker can link the person into military charities for support, such as SSAFA and RBL, organise direct provision, such as substance misuse detox or mental health services for veterans and Combat Stress for those identified as suffering from PTSD or make referrals to community provision such as mental health or substance misuse services or housing. The worker is able to provide Court Reports and/or attend Court to provide information about the particular military issues that might have affected the offending behaviour and the support that could be available to the individual. The peer mentor scheme recruits and trains ex-military volunteers who work with veterans who are on probation or leaving HMP Winchester to encourage them to use appropriate support in the community to meet their needs and hopefully prevent further offending.
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Charges range from public order offences to death by dangerous driving, with the most common being assault. The main issues, apart from criminal behaviour, identified by the veterans in their lives are mental health, alcohol problems and domestic abuse. The age range of offenders supported by the Court Diversion worker is 19-68 and their length of service ranged from 6 weeks-25 years. Veterans engaged with the scheme have said it is extremely useful to receive information about the resources available to them especially from military charities. This has been echoed by custody staff, who are now more conscientious about asking whether someone has had military service. Both veterans and Police have recommended that the scheme be continued.
CASE STUDY
linked to his home situation, self reported symptoms of PTSD and a poor ability to cope. He was unlikely to meet the criteria of secondary mental health services. He was informed of the monthly drop-in Veterans Outreach Service in Portsmouth - VOS(P). He now receives help and advice from VOS(P) where he discovered he knew people from his service days. He doesn’t feel he needs support from mental health services. A Court Report was provided detailing the support he is receiving and his progress. The case was dropped and he is living back with his family and progressing very well.
PEER MENTORING The concept of peer mentoring of convicted individuals is based a model successfully run and evaluated in Cheshire Probation Trust. All mentors received 2 days’ training covering topics such as lone working, code of conduct, boundaries, motivational interviewing and specialist information around housing and military charities. They work with offenders for an agreed time limited period on the outcomes that the offenders identify. For the protection of the mentors, the service is not available to offenders subject to MAPPA. Offenders have come from all services, but primarily the Army. The typical offences are domestic assaults and alcohol related offences. The main issues identified by individuals have been mental health (depression), accommodation, lack of employment, isolation and alcohol misuse. The age range of offenders in the scheme is 22-57 and their length of service ranged from 2 months-22 years. The time between leaving the service and participating in the peer mentoring scheme ranges from 5-25 years.
CASE STUDY KB worked with a peer mentor from July to October 2012. He had served in the Royal Navy in 2 Gulf Wars and was suffering from PTSD. He was very isolated, had chronic long-term alcohol issues, mobility and other health problems and prior to moving to a council flat 2 years ago, was sleeping rough. On completion he was engaged in voluntary work, exercising regularly – walking, swimming and weight training and receiving the correct benefits. He was receiving counselling for his depression and from Combat stress for PTSD. He had ceased drinking, was attending AA and was re-attending Church.
TN is a 56 year old man who served in the army for 23 years. He was arrested for domestic assault. He was likely to be remanded as he had no accommodation due to the domestic situation. Liaison with the local council resulted in TN being offered temporary accommodation. TN’s solicitor was informed and he was given bail. Remand to prison would not have benefited this gentleman.
He had taken responsibility for his life – putting in structure and routine. He was filling his time with helpful activities and managing his money appropriately. He had gained in confidence and positivity.
A mental health assessment revealed that TN had previous been known to local services, was experiencing low mood
Michaela Waspe Michaela.waspe@nhs.net 07767 480065
Junior Lawyers Division
Notices
LIZ EARLE PARALEGAL 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 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.
CV CLINIC
THURSDAY 1ST MAY MICHAEL PAGE, 3RD FLOOR, 1 DORSET STREET, SOUTHAMPTON SO15 2DP 5.30 PM TO 8.00 PM The run up to qualification or finding a new job can be a stressful time enough, without having to worry about what should and should not go in your CV. Advice will be given on the content of CVs, together with tips on interview preparation and technique and how you should approach the market in securing a new role. This will be a one-on-one session for 30 minutes with a specialist legal consultant. Places are limited and will be on a first come first served basis. If you would like to attend, please contact Raj Bajwa on 01189 55058 and send your draft CV to rajbajwa@michaelpage.com.
Here's your opportunity to become part of a Great British brand on the Island. Liz Earle has 18 years' botanical beauty expertise and is multi award-winning. It's not just our high-performance products that have won awards, it is also other areas of our business including our customer centre and our online retailing. We are very proud of the exceptional level of service we provide to our customers and the way we look after our team. With the continued success of the business and anticipated growth plans, we are looking to expand our Legal team. We are looking for a talented paralegal to join the team and provide support to our Global Director of Legal, Regulatory and Government Relations. In this role you will be responsible for supporting and providing advice related to projects and initiatives at Liz Earle Beauty Company. You will work closely with other members of the Liz Earle team to provide legal advice relating to legal procedures across a number of areas of compliance. Your main responsibilities will be to review and comment on a broad range of materials, prepare finalise and review contracts, establish and maintain a filing and record keeping system, facilitate legal advice to business partners and deliver training on legal policies. You will have a Law Degree and preferably be LPC qualified with 2 years’ experience in a paralegal capacity. Specialist knowledge of Contract and Commercial Law is a must. You will be an outstanding communicator, a strong negotiator, be commercially aware and have a passion for the beauty industry. In return, you will receive an excellent salary and benefits package which includes: • 25 days holiday • Pension scheme • Generous Monthly Product Allowance • Personal Product Discount Scheme of 50% • Friends and Family Discount Scheme • Profit Share Scheme • 2x Salary Life Assurance To apply, please email your CV with a covering letter including current salary details and daytime telephone number to recruitment@lizearle.com. Liz Earle Beauty Co. is an equal opportunities employer.
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Notices
RESIDENTIAL CONVEYANCER
RESIDENTIAL PROPERTY LAWYERS
Letchers are seeking a Residential Conveyancer to cover a fixed term of maternity leave from May 2014, we are looking for an experienced Solicitor or Legal Executive to undertake and maintain a busy caseload of Residential Conveyancing which will suit someone with a solid background in this Practice area.
This is an excellent opportunity for an experienced residential conveyancer.
Letchers Solicitors are committed to providing outstanding service to clients and are ideally looking for someone who is pro-active and enthusiastic, with good computer knowledge in using Case Management software. Please send you CV to: Alison Howell Practice Manager, Letchers Solicitors 24 Market Place, Ringwood Hampshire BH24 1BS or by e-mail to alison.howell@letchers.co.uk.
We value enthusiasm and commitment as well as ability and experience. The ideal candidate will have at least 2 years experience, have undertaken good quality work, have good client care skills and actively engage in business development. Please apply to John Munro, Laceys Solicitors, 5 Poole Road, Bournemouth, Dorset, BH2 5QL or by email at j.munro@laceyssolicitors.co.uk.
PRIVATE CLIENT SOLICITOR This successful niche Practice needs to recruit a solicitor or experienced legal executive with a minimum three to five years PQE to join the firm’s expanding Private Client Department. There are excellent partnership prospects for the right candidate. Good quality private client experience is essential, excellent service to clients is at the heart of our business. STEP/SFE qualification preferable. Salary will be payable commensurate with the importance of this role and the calibre of the successful candidate. Please apply in writing with full CV or by email to: Sue Sutherland, Senior Partner Scott Bailey LLP, 63 High Street, Lymington SO41 9ZT Email: sue@scottbailey.co.uk
RESIDENTIAL PROPERTY CONVEYANCER LIPHOOK Burley & Geach are a well established firm with four offices on the Hampshire/Surrey border. We are currently seeking a full time, experienced, residential property conveyancer for our small, very busy office in Liphook, Hampshire. Successful applicant will provide an excellent, tailored service to a broad client base. Competitive salary and benefits available. Applications to:Mrs Angela Church, Burley & Geach Solicitors, 2 West Street, Haslemere, GU27 2AG or by email angela.church@burley-geach.co.uk.
PRIVATE CLIENT FEE EARNER, WINCHESTER 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.
MISSING WILLS MR FREDERICK DENIS HAWKINS 12 Moat Walk, Gosport Dob 01/02/1924 Dod 24/02/2014
MR EARNEST WINSTON OLIVER
COMMERCIAL PROPERTY LAWYER This is an excellent opportunity for an experienced Commercial Property Lawyer We value enthusiasm and commitment as well as ability and experience. The ideal candidate will have at least 2 years experience, have undertaken good quality work, have good client care skills and actively engage in business development. Please apply to John Munro, Laceys Solicitors, 5 Poole Road, Bournemouth, Dorset, BH2 5QL or by email at j.munro@laceyssolicitors.co.uk.
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177 Estella Road, Portsmouth PO2 7ST Dob 10/12/1941 Dod 16/01/2014
MR JOHN STANLEY WHITE 3 Cherret Court, 557 Ringwood Road, Ferndown BH22 9FE Dob 28/06/1929 Dod 05/12/91
MR ERIC RONALD WHITE AND MRS ELIZA WHITE (Mrs White is now in a nursing home) 5 Bullfinch Court, Lee on Solent PO13 8LQ until 1988 which is when they believe will made – they then moved to Spain Calle Gaudie 3, Casada, Rohales, 37103 Spain. Dob 23/12/1929 Dod Feb 1991