Hampshire Legal

PUBLISHER Ian Fletcher Benham Publishing 3tc House, 16 Crosby Road North, Crosby, Liverpool L22 0NY Tel: 0151 236 4141 Fax: 0151 236 0440 admin@benhampublishing.com email: web: www.benhampublishing.com

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ADVERTISING AND FEATURES EDITOR Anna Woodhams STUDIO MANAGER Fern Badman ACCOUNTS Joanne Casey MEDIA NO. 1329

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PUBLISHED July 2014

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© 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.

Benham Publishing cannot be held responsible for any inaccuracies in web or email links supplied to us.

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DISCLAIMER The Hampshire Incorporated Law Society welcomes all persons eligible for membership regardless of Sex, Race, Religion, Age or Sexual Orientation.

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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 Andrew Caplen, President of The Law Society.

COPY DEADLINES Autumn Winter Spring Summer

30th September 2014 12th December 2014 3rd April 2015 3rd July 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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CONTACTS

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HAPPENINGS IN HAMPSHIRE

Email: anna@benhampublishing.com Tel: 0151 236 4141

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ANNUAL DINNER

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PROFESSIONAL PRACTICE

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EDUCATION & TRAINING

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SOCIAL EVENTS

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PROPERTY

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NOTICES

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Introduction

PRESIDENT’S REPORT SUMMER 2014 One of the things which I regard as the most important innovation so far this year is to introduce a regular and (ideally weekly) e-newsletter sent to all our members. This newsletter summarises the issues which matter to Hampshire lawyers. We send this out every week to our 700 members and it provides you with links to all the relevant stories of the day and to the Law Society website. If you do not receive a copy it has probably gone into your spam box. Contact Nicola to make sure that she has your current email address. Then check your spam file on Fridays if you still haven’t received the email newsletter.

I am already halfway through my year’s term as President of Hampshire Law Society. After six months in post I have a better understanding of the legal profession in Hampshire and of the issues which concern solicitors both in Hampshire and in the country as a whole. I hope that when Ian Robinson becomes President in his turn in December 2014 he will be able to profit from my experience.

Hampshire Law Society are reading and considering many of the consultations which are sent around the industry, some from the Law Society and some from the Solicitors Regulation Authority. The SRA are busy trying to deregulate our profession sometimes to an alarming extent. No doubt many people will welcome the removal of the requirement to carry out 16 hours per year CPD and of the requirement for practices to have their client account audited. Both these two matters raise great concerns, not least because much of Hampshire Law Society’s income depends on its training courses. If it ceases to be compulsory to attend training courses then we must make sure that HILS training courses continue to be so good that people will attend them for their quality and interest rather than because they have no choice but to attend.

July the 10th, 2014 was a most important day for Hampshire Law Society because it was on this day that Andrew Caplen became the third Solicitor from Hampshire to be inaugurated as President of the National Law Society. We all wish Andrew Caplen well in his new role and are certain that he will fight very hard for the interest of solicitors both nationally and within Hampshire.

(See page 8 for an interview with our future President)

WANTED:

REPRESENTATIVES FOR SBA IN NORTH HAMPSHIRE The Solicitors’ Charity and Hampshire Incorporated Law Society have been connected for many years, both via HILS’ annual donation as well as longstanding links between Committee members and SBA’s local volunteer network of Area Representatives. SBA’s Chief Executive, Tim Martin, recently attended a HILS meeting where he put out a call for more volunteers to join this network, especially in north Hampshire.

Area Representatives support SBA’s application process by visiting applicants in their homes. Tim Martin advises, “Area Representatives provide the critical link between our caseworkers and individuals and families in need; without their insights, we would not be able to function as we do. It’s important for us to have a network comprising individuals who understand the pressures of life in the law, and who want to make a difference by helping those who turn to SBA in times of need.”

SBA is looking for people with good communication skills, the ability to listen without judgement, a willingness to be flexible in

organising visits, an understanding of and commitment to confidentiality as well as experience in conveying relevant information. “Solicitors naturally excel in this role,” adds Tim. In return, SBA will cover all reasonable out-of-pocket expenses, provide induction training and keep you in touch with developments.

To learn more, visit www.sba.org.uk. To discuss opportunities for volunteering, contact Angi or Dervilla at bensec@sba.org.uk or on 020 8675 6440.

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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 (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

LITIGATION & DISPUTES RESOLUTION Russell Evans (Chair) russell.david@yahoo.co.uk Rebecca Foley Katharine West

Ian Robinson

Mr Razi Shah (North Hampshire)

MEMBERSHIP

Churchers Bolitho Way 13-18 Kings Terrace Portsmouth PO5 3AL Tel 023 9288 2001 Fax 023 9286 2831 Email IRobinson@cbwsolicitors.co.uk

Appleby Shaw Trinity House 15a Trinity Place Windsor SL4 3AS DX 3830 Windsor Tel 01753 860606 Fax 01753 860620 Email rshah@applebyshaw.com

Ian Robinson (Chair) IRobinson@cbwsolicitors.co.uk Charlotte Bromley Roderick Hursthouse Alison Plenderleith James Meeke Deglan Rowe

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 Nick Gurney-Champion (Residential conveyancing) Gurney-Champion & Co Champion House 104 Victoria Rd North Southsea PO5 1QE DX 117953 Portsmouth Central Tel 023 9282 1100 Fax 023 9282 0447 Email ngc@championlawyers.co.uk

ADMINISTRATOR

HONORARY TREASURER

Miss Nicola Jennings

Mr Tony Bussy

92 Chessel Crescent Bitterne Southampton SO19 4BS DX 52766 Bitterne Tel 023 8044 7022 Fax 023 8044 7022 Email administration@hampshirelawsociety.co.uk

Tylers School Lane Bishops Sutton Alresford SO24 0AG Tel 01962 733528 Fax 01962 733528 Email anthony@bussy.plus.com

IMMEDIATE PAST PRESIDENT Roderick Hursthouse 10 Hudson Close Liphook GU30 7UW Tel 01252 622122 Fax 01252 774409 Email rodhursthouse@btinternet.com

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BUSINESS DEVELOPMENT OFFICER

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

COMPLAINTS Ian Robinson (Chair) IRobinson@cbwsolicitors.co.uk

WEBSITE Mo Aldridge (Chair) maldridge@jaspervincent.com Boris Kremer Sue Carter Nicola Jennings

WILLS & PROBATE Simon Whipple carerslegalcentre@googlemail.com

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

News

WINE OF THE SEASON, WITH CONAL GREGORY, MASTER OF WINE

Northern Portugal provides some of the top value wines in the world, many of which are ideal for informal summer drinking. The steeply terraced hillsides of the Douro valley is the source of rich reds that certainly compete with Claret.

Quinta Vale Dona Maria is such a star. Foot treading is still used to make this wine, which could have been turned into Port if brandy had been added. Vines like Amarela, Tinta Roriz and Touriga Nacional create a violet-red wine with dark cherry and plums with great balance. Enjoy now (preferably opened two hours) or keep for five years. £29.90 for 2010 (Tanners).

Moss Wood Semillon from Western Australia’s Margaret River has glorious citrus and fig aromas with a mineral elegance to match both monkfish and shellfish. This grape deserves to be enjoyed on its own rather than lost in blends. £16.99 (Waitrose).

Sponsored by NFU Mutual Bespoke, high-value home insurance tailored to protect art, antiques, fine wine and more.

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Happenings in Hampshire

COUNCIL MEMBER’S REPORT Andrew Caplen President of The Law Society of England & Wales and Council Member for Hampshire and The Isle of Wight andrew.caplen@yahoo.co.uk

JULY 2014

The Council met on 9 July and the morning of 10 July, with the Annual General Meeting (AGM) of the Law Society held in the afternoon on 10 July. The AGM saw the succession of Andrew Caplen as President, and confirmation of Robert Bourns as the recently elected Deputy Vice President.

It also saw the election and re-election of several Council members, including the members successfully returned in the five geographical Council seats where elections were held this year.

COUNCIL APPROVED A 17% REDUCTION IN THE PC FEE FOR 2014-15 Council approved a 17 per cent reduction in the individual practising certificate (PC) fee for 2014-15. Voting on the Law Society Group’s budget – which covers the Solicitors Regulation Authority, the Law Society professional body and Corporate Solutions, the group’s shared services arm – overwhelmingly endorsed the plans to reduce the group’s net funding by almost £12m. The proposal will now be passed to the Legal Services Board (LSB) for final approval.

Council’s decision followed wider consultation than ever before with the profession on its views of the level of the PC fee, and many of those who responded asked the Society to do all it could to minimise the Group’s call of the PC fee. Council therefore welcomed the papers presented on the net funding requirement for the Group which have permitted this significant reduction in the PC fee and in the firm levy and the compensation fund levy.

LAW SOCIETY PLEDGES FURTHER SUPPORT TO CRIMINAL LAW SOLICITORS Council considered a request for financial support for a judicial review challenging aspects of the consultation process on the Transforming Legal Aid: Next Steps proposals. In particular, the focus of the claim is the preparation of the KPMG report on the appropriate number of duty contracts to award, which the claimant bodies suggest was not released to appropriate consultees, rendering the process unfair. Council recognised the deep concern of many criminal law practitioners at the Lord Chancellor’s decisions and agreed that the Society should assist the parties by offering to fund mediation to resolve the issues.

Should mediation not succeed, Council agreed that the Law Society would provide financial support to enable the practitioner groups to proceed with the litigation, if permission is granted by the Court.

The text of the Council motion was: That the Society, in the exercise of its representative function, should –

AN INTERVIEW WITH THE PRESIDENT OF WHAT PROMPTED YOU TO ENTER THE LAW AS A PROFESSION? I attended Barton Peveril Grammar School (now Sixth Form College) in Eastleigh. One of my history teachers (David Trotter) was clearly more interested in law than history and he spent a lot of time talking about the former rather than what was supposed to be on the curriculum. Four members of my class studied law at University, probably due to his influence. I came across David a few years later when I was an Articled Clerk - he had qualified as a barrister!

WHAT PERSON (IF ANY) INSPIRED YOU TO BECOME A SOLICITOR? David obviously awakened my interest in the law. I was not sure exactly what I wanted to do from a professional perspective when I first went to University.

However, by the end of the second year I had provisionally “signed up” to the College of Law at Guilford. It was not the case of a particular person inspiring that choice - it was just the natural next step.

WHAT ARE THE BIGGEST PROFESSIONAL CHALLENGES WE ARE ALL GOING TO FACE IN THE NEXT 12 MONTHS? The profession faces considerable challenges ranging from the cuts in Legal Aid to increased competition as a result of new entrants into the legal services market. I see the role of The Law Society as assisting Solicitors to meet those challenges.

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WITH THE CHALLENGES TO THE PROFESSION, HOW DO YOU SEE LEGAL SERVICES BEING DELIVERED IN 10 YEARS TIME? There will be an increase in newer entrants such as Alternative Business Structures. More legal services will be provided on-line. However, I very much believe that those Solicitors who remain both updated and alert, market their services effectively and continually adapt to meet these challenges will thrive.

WILL YOU SPEND CHRISTMAS DAY IN CAREY STREET? No. My wife is a Church Minister and I will be with her in her Church/Parish for the Christmas services.

WHAT PROMPTED YOU TO BECOME PRESIDENT? I was elected Deputy Vice President (with the onwards progression to Vice President and then President) by The Law Society’s Council in the Spring of 2012. I put my name forward for election because I believe passionately in the importance of our profession, the rule of law and the proper administration of justice.

WHAT IS THE ONE MAIN ISSUE YOU WANT TO TACKLE DURING YOUR TENURE? The role of The Law Society’s President falls into four distinct parts - (1) “Business as usual” ie the normal day-to-day responsibilities; (2) “Events” ie specific things that will need addressing during the course of the year but which are

currently unknown; (3) Specific events that will occur during my year in office eg the Global Law Summit, the General Election Campaign, the 800th anniversary of Magna Carta; and (4) Issues that a President wishes to take as “personal themes”. But, I am afraid you will have to wait for a Law Society press release for news regarding the latter!

HOW DO YOU SEE THE FUTURE OF THE PROFESSION UNFOLDING OVER THE NEXT 12 MONTHS? I think that those firms that stay informed, are adaptable and run on solid business lines will continue to thrive. There will always be work for good Solicitors.

WHAT ARE YOU MOST LOOKING FORWARD TO IN YOUR ROLE OF PRESIDENT? I have spent a large part of the last two years visiting our Solicitor members either via their local law societies, at their own offices or during events such as Law Society roadshows. I am looking forward to renewing those acquaintances and to meeting many new people.

HOW WILL YOU JUGGLE YOUR DAY JOB, HOME LIFE AND ROLE AS PRESIDENT? Thankfully, my firm (Heppenstalls) are not expecting me to perform a fee-earning role during the next twelve months. The role as President is challenging and timeconsuming but I also regard home life as being of extreme importance. There will be a need to be ultra-organised!

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(a) By letter invite the claimants to propose mediation, with a stay of proceedings for that mediation, with the option that the Society be involved in that mediation; and (b) Offer to pay the claimants’ costs of that mediation up to a maximum of £30,000.

2. Provided that the Society’s mediation invitation is accepted by the claimants, and if the offer of the mediation is not agreed to by the government, or if the mediation takes place but is not successful, offer the claimants the sum of £45,000 in respect of their costs of the judicial review.

SHAPING THE ENVIRONMENT Council noted that the SRA had launched consultations on a wide-ranging programme of reform, involving significant changes to professional indemnity insurance, the Compensation Fund, accountants’ reports, and multidisciplinary practices. The SRA wanted to implement the majority of these from October this year. The Law Society welcomed steps to reduce the regulatory

burden, but represented members’ concerns by stressing that reforms on this scale should not be done piecemeal: the Society has formally responded and continues to engage with SRA and the LSB.

of the Society at the LegalEx conference on 15-16 May 2014, taking advantage of an excellent opportunity to show how the Society can help represent, promote and support our members.

In international terms, as part of reducing barriers for members firms wishing to establish in key markets, the President was part of a delegation to Brazil; the Society held meetings with the Law Society of Kenya; and a round table was held on UK insolvency practices for policy makers from the Reserve Bank of India.

Supporting members through the changes to criminal and civil legal aid remains a priority for the Law Society. We have engaged with members in the nine areas where the KPMG report identifies a challenge of principle to the Ministry of Justice’s (MOJ) proposed model, and we are representing the views of those members to the MOJ. We have also provided support to individual members throughout the tender process for the crime ‘own client’ contracts.

MEMBER ENGAGEMENT The Chief Executive updated Council on the Society’s move towards being a truly member-centric organisation. As part of this, the focus of the Society’s key communication campaign, launching in the autumn, will be promoting the services of solicitors to the public, using the voices of members and their clients to lend authenticity to the message. The campaign will also use social and digital media to maximise the value it delivers.

Council also noted the strong presence

EVENTS AND SERVICES

The annual In-House Division conference took place as a joint event between the Junior Lawyers’ Division and the Women Lawyers’ Division on career progression.

Council noted that the Practice Advice Service had answered over 3,500 calls between 14 April and 6 June 2014, and the Find a Solicitor service had answered almost 12,000 calls.

THE LAW SOCIETY – ANDREW CAPLEN WHICH PUBLIC FIGURE DO YOU MOST ADMIRE AND WHY? I will go with a historical figure - William Wilberforce. He had a vision, a passion and stayed the course, eventually seeing the social change he believed in.

HOW WILL YOU COPE WITH ALL THE DEMANDS ON YOUR TIME? My PA at The Law Society is exceptionally efficient and organises my diary to include a certain amount of “down-time”.

We work as an office-holder team (President, Vice-President and Deputy Vice-President) in order to “spread the load”.

WHAT QUALITIES ARE REQUIRED FOR THIS JOB – PERSONAL AND PROFESSIONAL? Absolute integrity, passion, an ability to both listen and to make decisions - and also hard work!

WHAT DO YOU EXPECT TO BE THE MOST REWARDING ASPECT OF BEING PRESIDENT? As mentioned above, meeting many of our Solicitor Members.

WHAT DO YOU LIKE TO DO IN YOUR SPARE TIME? I am a long-distance walker. Recent treks include the Pembrokeshire Coastal Path, the Milford Track in New Zealand, Chamonix to Zermatt (the Haute Route) and the GR20 in Corsica.

WHAT BOOK DID YOU LAST READ? A John Grisham novel whilst on holiday. I only seem to have the opportunity to read books whilst I am travelling.

WHAT IS YOUR FAVOURITE FILM? I have not been to the movies for a while.

The last time was to see “Nativity 2, Danger in the Manger.” Generally I prefer lighter films.

WHAT FOOTBALL TEAM DO YOU SUPPORT? I have been a season ticket holder for many years at St. Mary’s (Southampton).

Sorry, Pompey fans.

WHAT IS YOUR FAVOURITE SONG/PIECE OF MUSIC? I like a wide range of music - I particularly like to listen/watch “Later with Jools Holland.” i also hope to go to a few of the Proms this summer.

WHAT THREE ITEMS WOULD YOU HAVE ON YOUR DESERT ISLAND? A radio, a guitar and some good company.

WHAT WOULD YOU SAY TO A YOUNGSTER TODAY, WHO WAS CONSIDERING JOINING THE LEGAL PROFESSION? That you have to be determined, stay focused and work hard. And that I have always been very proud to be a member of the Solicitors’ branch of the legal profession.

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Happenings in Hampshire

MOORE BLATCH RECOGNISES TALENT WITH NEW ROUND OF PROMOTIONS

ADDISON LAW RAISES THOUSANDS FOR WILL AID Hard working and generous solicitors at Addison Law in Emsworth recently took part in Will Aid 2013 and are delighted to announce a fabulous fundraising total of £8,246 (including Gift Aid) to contribute to the nationwide 25th anniversary total. At present, the firm is the fourth top fundraising firm in the Home Counties and in the top twenty nationally but still has some donations to come in.

That is why the support of Addison Law, through the Will Aid programme, has been so important and why Sightsavers wants to thank them today. Donations through the scheme can help us save the sight of children and adults in over 30 countries and it is easy to imagine what an incredible difference this makes to the lives of people we are able to support.”

Moore Blatch, Hampshire’s leading law firm and one of the largest firms in the South of England, continues to build on its strengths in commercial and personal legal services with a number of important promotions across its practices and regional offices.

The firm has named six new Partners, all internal appointments, as it looks forward to an upsurge in business in all disciplines, following the expansion of its Richmond office and launch of its City practice. The firm has also made a number of external appointments.

Partner promotions are as follows: Dorothy Agnew, from the firm’s commercial team, specialising in IT, intellectual property law, ecommerce, data protection, distribution, agency and general commercial contracts.

Claire Anderson, who heads up the Southampton residential property team. Claire is the youngest person ever to be promoted within the firm.

Stephen Ball, from the firm’s land development team, specialising in residential land development.

Jeremy Over, from the firm’s corporate team, delivering strategic legal solutions to help businesses achieve their commercial objectives.

Gaenor Thomas, who acts for landlords and tenants, negotiating all necessary occupancy arrangements and ancillary management documentation.

Sarah Watley, head of the firm’s asset recovery litigation and sales teams, specialising in residential and commercial possession claims, property litigation, shortfall claims, debt recovery and professional negligence litigation.

Says David Thompson, managing partner, Moore Blatch; “These promotions demonstrate the importance we place on growing and recognising talent from within. I would like to thank these members of our team for their hard work and congratulate them for the contributions they have made, and continue to make, to our company’s reputation and their clients’ interests.”

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Pictured from left to right: James Huitson from Sightsavers for Will Aid and Partner, Chris Halliwell and his team from Addison Law. Will Aid is the UK’s leading charity willwriting scheme. It offers everyone the opportunity to make or update their Will in return for a donation to help people in need in the UK and all over the world.

This money is shared by nine well-known UK charities: ActionAid, Age UK, British Red Cross, Christian Aid, NSPCC, Save the Children, Sightsavers, SCIAF (Scotland) and Trocaire (Northern Ireland).

James Huitson from Sightsavers visited the firm to thank the team for all their hard work. He said: “There are 39 million blind people in the world, yet a shocking 80% of blindness could be prevented or can be reversed.

Addison Law has participated in the last 8 Will Aid campaigns and has raised a fantastic grand total of more than £39,000.

Mr Chris Halliwell commented: “The Will Aid scheme encourages people to visit a solicitor to make their Will. It reduces anxiety about costs and helps build a positive relationship with the solicitor. We are amazed by people’s generosity and are proud to have raised so much. It is humbling to see what people in the developing world have to cope with and it is important to us that we are able to help make an impact on improving lives.”

The scheme runs again in November 2014 and will provide the opportunity for many more people in need of a Will to come forward to sort out their affairs and, at the same time, to support nine of the UK’s best loved charities.

PENNINGTONS MANCHES LAUNCHES SPECIALIST COSMETIC SURGERY TEAM TO SUPPORT VICTIMS OF POOR TREATMENT Penningtons Manches LLP has developed a niche practice of specialist clinical negligence and personal injury lawyers to deal with the increasing demand from patients for advice on making claims for complications or injuries following their cosmetic surgery or treatments.

Legal claims can arise from either cosmetic surgery or non-surgical cosmetic (beauty) treatments if they are performed poorly and cause injuries such as disfigurement, wound breakdown, serious scarring and the need for further surgery. Serious complications may also lead to limb amputation and death.

Philippa Luscombe, clinical negligence and personal injury partner, said: “With the lack of regulation within this rapidly growing industry and most treatment providers being privately paid, there is an obvious tension between the best interests of patients and making a profit.

We handle many claims for cosmetic surgery patients who bitterly regret their decision to go under the knife and are, at best, disappointed and, at worst, permanently disfigured.

“Our decision to set up a specialist team is partly in recognition of the growing number of cases we are seeing and partly because we welcome the opportunity to help educate people considering elective cosmetic surgery about the potential risks and implications of going under the knife.

Many of our clients opt for surgery without having enough knowledge or opportunity to make an informed decision and then spend the rest of their lives regretting it.”

The Penningtons Manches clinical negligence team advises people throughout the UK who have suffered an injury as a result of poor medical treatment and who want an explanation, apology and/or compensation to fund any revision treatment.

Happenings in Hampshire

YOUNG RESOLUTIONS’ STORE WARS CHALLENGE! The competitive and creative spirit of young solicitors from Hampshire was put to the test recently when members of Young Resolution challenged Moore Blatch Solicitors to raise money for Naomi House Children’s Hospice in a Store Wars challenge.

Hampshire Yres took control of the Naomi House Hospice Shop in Portswood and hosted a Vintage Tea Party for the customers in a bid to raise the most money for the charity.

Dressed in vintage clothing, the Yres committee welcomed shoppers with a cake stall offering homemade cakes donated by friends, family and work colleagues, and drinks while they browsed through the items on sale.

Shoppers were delighted to have the opportunity to win a range of luxury prizes including vouchers donated by Sprinkles Gelato, Mango Thai Restaurant, Hamilton’s photographic studio and a superb luxury food hamper generously donated by Brain Chase Coles Solicitors.

Naomi House, based near Winchester, provides support to children and young people with life-limiting conditions from across central southern England. The charity offers planned and emergency respite stays, end of life and bereavement care. This support is available 24 hours a day, 365 days of the year and relies on

DISPUTE RESOLUTION SOLICITOR LEAVES QUALITYSOLICITORS CLARKE & SON TO BECOME JUDGE Stephen Nichols, Dispute Resolution Solicitor at QualitySolicitors Clarke & Son is leaving the firm to become a district judge. He says of his appointment:

Elizabeth Ford (Centre) with the Young Resolution team fundraising to help with their significant costs.

Part of the challenge also involved fundraising online and the committee organised events beforehand such as cake sales and generally badgered friends and colleagues into donating to this fantastic cause! The event was greatly supported by a fantastic donation of £200 from Eric Robinson Solicitors and a hugely generous £500 contribution from Hampshire Resolution which was presented to Naomi House during the day.

Meanwhile, Moore Blatch Solicitors hosted a Great British Garden Party at the charity shop in Southampton. The teams together succeeded in raising £3,103.00 for Naomi House but nonetheless, the Young Hampshire Resolution committee was delighted to be informed that, contributing £1,922.00 towards the total, they had won the Challenge!

PHILLIPS WELCOMES NEW SOLICITORS

Stephen Nichols, Dispute Resolution Solicitor has been appointed a District Judge.

Phillips Solicitors were pleased to welcome new Associate Solicitor, Jonathan Jacobs, in March 2014. Jonathan joined the Wills and Probate department of the Basingstoke based law firm, and brings with him over 15 years of experience dealing with will writing, estate administration, trusts and inheritance tax planning.

“I am delighted and honoured to have been appointed district judge. I will be sitting in the County Court and the new Family Court, dealing with Civil work, which consists of disputes between companies or individuals, insolvency, housing, injury cases and the like and Family work, which includes Divorce and financial matters relating to it and disputes relating to Children. I have immensely enjoyed my time at QualitySolicitors Clarke and Son. I have been impressed by the helpfulness and courtesy of the staff and am grateful for the support that the partners have given me, not only in my time at the office, but also in my earlier capacity as a deputy district judge. I am sure that QualitySolicitors Clarke & Son is in a good position to continue to do well, as it has for more than 150 years and I wish everyone at the firm the very best for the future”

The team were also delighted to formally welcome Zoë McManus who, since completing a training contract with Phillips in April 2014, has formally taken up the position of Solicitor with the Wills & Probate team.

Jonathan Jacobs and Zoe McManus

Sheila Glyn-Owen, Director and Head of Wills and Probate at Phillips says “It has been a pleasure to have Zoë first working with us as a trainee and now joining us a qualified solicitor, and I’m confident that both Zoë and Jonathan will be great assets to Phillips and that we shall continue to provide our clients with the best possible services”.

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Happenings in Hampshire

VICE PRESIDENT’S CYCLE CHALLENGE Ian Robinson, our Vice President, has taken up the challenge of participating in the Prudential London Surrey 100 cycle event on 10 August. The event was established last year following the successful 2012 Olympics and follows the route taken by the Olympians setting out from the Queen Elizabeth Park in Stratford, through London, down into Surrey, over the South Downs including Leith Hill and Box Hill, and back into London to finish in The Mall outside Buckingham Palace. As the title suggests, the distance is 100 miles.

LITIGATION LAWYER RETURNS TO HIS ROOTS The well established firm of Gurney-Champion & Co. has recently welcomed back Adam Manning, who earned his stripes as a trainee solicitor there more years ago than he cares to mention.

Specializing in litigation, Adam has worked for a number of firms since qualifying at Gurney-Champion & Co. but is very pleased to be back. “I really admire and aspire to the firm’s dedication to the principle of doing the best job you can for a client”, he says.

He particularly enjoys the variety of the case work he has taken on, including family law, landlord and tenant and business disputes.

“After specialising in Claimant personal injury work for a long time, it’s been very interesting getting back into a broadly based case load including both

Claimant and Defendant work.” Adam works at the firm’s Portsmouth office alongside the partner there, long time well known HILS representative Nicholas Gurney-Champion and legal executive Charlotte Parish.

Adam Manning

In his spare time, Adam is busy with a young family and also enjoys conservation work including trying to keep beautiful Weston Shore in Southampton free of litter.

SHARON TRAINS FOR 150 MILE SPONSORED CYCLE Sharon Hall, Associate Legal Executive employed in the Conveyancing Department of Donnelly & Elliott Limited, Gosport, is currently training for a Ladies 150 mile sponsored bike ride. The ride is in aid of The Oakley Waterman Caravan Foundation which provides holidays for children with life threatening illnesses. There are two caravans, one in Pagham and one in Devon, which provide respite accommodation for families seeking quality time together.

Ian Robinson Ian is raising money for the charity Vitalise, which was formally known as The Winged Fellowship. The charity was established in 1963 to provide short breaks, respite care and holidays for adults with physical disabilities and their carers at accessible centres around England. The local centre is in Netley overlooking Southampton water.

Vitalise aim to provide an alternative to traditional residential respite care. They offer short breaks in a relaxed holiday style environment with a variety of trips and activities. Guests are supported by volunteers who provide companionship and assistance.

As part of the training regime, Ian recently completed the London to Brighton cycle ride, a distance of 56 miles. The route included the legendry Ditchling Beacon, the highest point on the south coast.

If you wish to support this venture, Ian has set up a Virgin Money Giving web page at http://uk.virginmoneygiving.com/ IanRobinsonmadness

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The ride starts at the Masonic Hall in Gosport, Hampshire on Saturday 26th July 2014 and will be heading towards Church Farm Holiday Park in Chichester, where one of the Oakley Caravans are situated. Sharon will be part of a team of 75 ladies riding round the park to their final destination Newhaven Premier Inn, East Sussex and returning on Sunday 27th July 2014 to Gosport, making a total round trip of 150 miles.

The Oakley Waterman Caravan Foundation was started by Dave and

Lorraine Waterman from Gosport shortly before their six-year old son Oakley died of a rare form of cancer called Rhabdomysarcoma in 2005.

It was his wish that they could purchase a caravan so it could also be used by other children, suffering with life threatening illnesses.

Any donations will be gratefully received for this worthwhile cause and can be made at www.justgiving.com/SharonHall12.

FIVE NEW MEMBERS OF STAFF FOR CONVEYANCING TEAM The Residential Conveyancing Team at Hampshire based law firm Warner Goodman LLP has recently seen major expansion, and hired five new team members to keep up with their growing workload.

The new members of staff, based at the firms Southampton office, include two experienced conveyancers, Solicitor Sarah Hart and Senior Conveyancer Michele White, and three Legal Assistants, Hayley Fuller, Lucy Smith and Tanya McMullin.

Anne Mills, Head of the Southampton Residential Conveyancing Team, commented, “We have always offered a Conveyancing service in our Fareham and Portsmouth offices but in January of this year had to expand to the Southampton office to meet increased demand.

“We started off in January with a team of just three people, and to now have nine in just five short month’s shows how busy the market is becoming, and is a testament to the service and quality of work that the team produces.”

Happenings in Hampshire

MEDIATION GOES FROM STRENGTH TO STRENGTH International lawyer Jane Player has joined the leading Ministry of Justice approved civil and commercial mediation panel Resolve UK. Jane has been a leading Litigation Partner at DLA Piper, Bird & Bird and King & Spalding in London. She has also been a member of the CEDR training faculty. Jane has a wealth of mediation experience having mediated claims involving national governments and multinationals.

Jane has particular expertise of resolving commercial disputes in the energy, IT, communications, media and entertainment industries including joint ventures, share purchase disputes, professional negligence and complex fraud investigations.

Russell Evans, Resolve UK national manager, who has judged the national final of the UK Mediation Competition said: “We are highly delighted to welcome

Jane Player Jane who adds strength to our national and international commercial dispute resolution capability. We are committed to helping solicitors and their clients resolve conflict in a cost effective way in the wake of PGF II & Mitchell.”

Resolve UK are a national Ministry of Justice approved and Civil Mediation Council accredited mediation panel providing civil, commercial and insurance mediation and arbitration throughout the UK and overseas.

COMPANY/COMMERCIAL SOLICITOR PROMOTED TO PARTNER AT QUALITYSOLICITORS CLARKE & SON QualitySolicitors Clarke & Son is delighted to announce that Will Anderson, Company/Commercial Solicitor has recently been made a Partner of the Firm.

MOORE BLATCH APPOINTS DAMIAN HORAN AS SENIOR PARTNER Moore Blatch, one of the largest law firms in the South of England, has appointed Damian Horan, as senior partner of the firm. Damian will be taking on a new and enlarged role under what will be a new management structure for the firm.

Based at the Southampton office, Damian is a partner and head of legal practice for the firm’s personal injury team.

Commenting on his appointment, Damian said; “I am very proud to take on the role of senior partner for Moore Blatch. Moore Blatch is a tremendous firm with great people that has been delivering quality legal services to businesses and individuals for many years. Over the last 5 years we have seen huge growth with revenue up by 50%, despite the economic downturn. This is down to the hard work and professionalism of our people.”

“I look forward to the challenge of driving the firm forward. There are many opportunities and challenges ahead, in the legal sector and the market generally. I couldn’t ask for a better team to work with at this exciting and important time.”

Will has been with the Firm since January 2012 and was promoted to Head of the Commercial Department in October last year. Advising in all aspects of Company and Commercial Law, he helps clients to ensure their businesses run efficiently and smoothly.

Will’s clients include international, national, regional and local emerging manufacturing and service sector businesses as well as charities and non-profit organisations. His clients require him to advise them on all aspects of the operation of their business and he frequently deals with various intellectual property and software agreements, drafts and advises on cross-jurisdiction commercial contracts as well as international agency and distribution agreements.

Will Anderson Will is delighted to take on the role of Partner. “My ultimate goal is to add value to the businesses of my clients and with my promotion to the management of the Firm I hope to be able to make this more of a reality in my new role as Partner.”

EMPLOYMENT PARTNER RE-ELECTED TO PRESTIGIOUS INTERNATIONAL ROLE

Chris Syder

Penningtons Manches employment partner Chris Syder, who is based in the firm’s Basingstoke office, has been re-elected to the governing body of the International Labour Organisation (ILO) for a further three year term. Elections were held at the 103rd International Labour Conference in Geneva, attended by 4000 delegates.

The ILO is a tripartite United Nations agency which brings together representatives of governments, employers and workers to develop policies, devise programmes and set standards relating to international labour rights.

Chris will continue to represent the Confederation of British Industry (CBI) as the sole UK member of the employers’ group. He is also the CBI’s management board representative for the International Organisation of Employers (IOE) which consists of over 145 national employers’ organisations from 140 countries.

Damian Horan David Thompson, managing partner, Moore Blatch says; “Damian handles some of the firm’s highest-value catastrophic injury cases. He is extremely experienced in dealing with clients in this area, is renowned for his pragmatism and plain-speaking advice, and his clients trust him. In his new role he will be instrumental in helping to drive the business forward into a new era under our new management structure.

“At the same time as welcoming Damian on board, I should like to extend my wholehearted thanks to Mike Caton, who has led the firm, first as managing partner for 16 years and more latterly as senior partner for another 8 years. Without his leadership, counsel and devotion the firm would not be the success it is today.”

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News

ANNUAL DINNER Hampshire Law Society (HILS) recently held its annual dinner for HILS members and their guests.

“A fun and innovative evening” was how one guest described the HILS Annual Dinner, which was held at Winchester Science Museum. The event which was sponsored by Property Search Group, Wessex Searches and Wesleyan for Lawyers attracted120 local solicitors and their guests who enjoyed an evening of back to the future fun from the planetarium show to fun interactive exhibits. Guests also included leading figures from industry in Hampshire.

Simon Whipple, President of HILS, spoke about the legal economy in Hampshire and the opportunities both practitioners and the society had to make a difference.

Harvey Taylor, Hypnotist, was guest speaker for the evening gave a witty and memorable poetic account of “how to get rid of the file in the office that nobody wants to deal with!”

A celebratory birthday cake was presented to John Gurney Champion who at 91 is possibly the oldest practising solicitor in Hampshire. John who practices on the Isle of Wight qualified as a solicitor in 1949.

Nearly £800 was raised for local charity, Solent Mind, Abby Crowe representing the charity who expressed her thanks for the support and pledging the donation towards helping young people with mental health issues some of which remain unnoticed for many years Speaking of the evening, HILS Vice President, Ian Robinson , said: “it was a great event – and something we can build on in the future to improving the profile of solicitors in Hampshire and working towards successful business partnerships”.

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News

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Professional Practice

GOOD CLIENT SERVICE: IT’S A PERSONAL MATTER

BY JOEL HARDING, ASSOCIATE, JLT SPECIALTY LIMITED

Technological advancements in recent years have and continue to change almost every facet of business and society. The legal sector is not immune from this and there is much talk about disruptive innovation and alternative law firm business models. Reducing cost and improving efficiency and access to services is essential but, like insurance, the legal sector is a personal-service industry.

Many would suggest we are seeing the commoditisation of services, whilst others point to changes in service demand but that clients still have many of the same values. What is indisputable is that business and personal legal firms are facing opportunities that could transform their businesses but at the same time new and emerging threats from what many label as “disruptive innovation”.

It’s hard to believe that the first iPhone was only launched in 2007. We’ve since seen an unprecedented pace of change, a revolution in how people interact, buy and consume services: we now read our newspaper online and it’s updated throughout the day; we shop 24/7 and before buying place great emphasis on social media feedback and reviews; and we expect to be able to not only access our banking information but to undertake basic service routines online whenever we want.

The insurance sector faces many similar challenges and this led us at JLT to delve deeper into discovering the factors that generate good client service and to help us expand our understanding of emerging client needs. We commissioned an independent research company, Circle Research, who developed a specific question set and then approached our clients. It was clearly something our clients valued as almost half of those approached responded.

We discovered that five factors were seen as key drivers of client satisfaction and led them to recommend our services to others. Conversely, there were five other factors that led clients to be unhappy.

When we looked closely at these 10 factors most came back to trust and the quality of our staff. How responsive they were, their understanding of the clients’ sector, business and needs, their

responsiveness and the continuity of the team. Interestingly, changes in the account team became less important after two years as clients become more loyal to the company brand.

Based on these factors it was pleasing to see that 84% rated our service good or excellent and 42% had actually recommended JLT in the past 12 months, both improvements over the past survey we ran in 2012. This reflected the Law Society’s own PII survey which saw JLT listed top for client satisfaction and service quality.

Whilst we celebrate these results we also have to make sure we listen to areas where we need to improve. Interestingly, most of these are in the use of technology to improve documentation processes and access to service information. Whilst these are not client satisfaction drivers they are becoming more important and we must make sure we listen and improve, but above all not lose sight of the personal nature of our service and the value people place on relationships during key service episodes.

Joel recently joined JLT to spearhead service to law firms in the South-East of England. If you’d like more information about our survey then feel free to email him joel_harding@jltgroup.com.

THE ACCESS TO JUSTICE FOUNDATION HELPING THE MOST VULNERABLE IN SOCIETY GAIN ACCESS TO JUSTICE

The Hampshire Law Society is proud to support the “It’s Not Just Peanuts” campaign from the Access to Justice Foundation.

The campaign raises money by receiving donations of unclaimed client account balances. To date the Foundation has raised over £308,000 in unclaimed client accounts. With the help and support of local law societies like the Hampshire Law Society and their members we aim to make 2014 an even better year for fundraising!

WHAT IS THE ACCESS TO JUSTICE FOUNDATION?

the most vulnerable and most disadvantaged members of society. The Foundation also supports a network of Legal Support Trusts which cover England and Wales. The Trusts receive grants from the Foundation and additionally organise their own fundraising events such as Legal Walks.

The money raised from these events is distributed to local advice supporters and providers.

WHO THE FOUNDATION SUPPORTS

The Access to Justice Foundation works with the network of Legal Support Trusts across England and Wales in order to raise funds and distribute them to organisations which support those in the community who are in need of legal assistance.

In the past year, with the support of the Access to Justice Foundation, the Legal Support Trusts have made grants to over 37 advice services including 13 Law Centres and 14 Citizens Advice Bureaux across the country.

The money raised is distributed to national advice organisations which support and provide free legal advice to

Advice Services offer legal advice, casework and representation to individuals and groups who can’t afford

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to pay for the specialist advice they need.

They are vital for providing services in areas of law which are not often catered for in private practice such as Welfare Benefits and Housing. Such services are also perfectly placed to recognise and identify trends and issues within local communities and provide additional help and support by training and supporting local groups and educating the public about the law and their legal rights.

Without the funding support of the Access to Justice Foundation and the Legal Support Trusts, many of these vital advice services would be forced to limit their services or event to close altogether.

By supporting the “It’s Not Just Peanuts” campaign, donors are helping the most vulnerable people in society gain access to justice.

Professional Practice

EMPLOYEE SHAREHOLDER STATUS –

THE NEW (AND EXTREMELY GENEROUS) SHARE SCHEME ON THE BLOCK Available from 1 September 2013, the Employee Shareholder Status is a new employment status defined by the Employment Rights Act 1996. In return for foregoing certain statutory rights, employees may receive Employee Shareholder (ES) shares from their employer and potentially benefit from a total exemption from capital gains tax on later exit.

The capital gains tax exemption is limited to the first £50,000 worth of shares acquired. To illustrate, let us assume that Joe Bloggs, an employee of ABC Limited, is offered and accepts £50,000 worth of ES Shares. Five years later he sells these shares, realising a gain of £2,000,000.

Because the original value of his shares was within the £50,000 maximum, the entire gain of £2,000,000 on this transaction would be exempt from capital gains tax! If instead he had received £75,000 of ES shares, the first £50,000 (2/3rds) would be exempt from tax on a sale and only the gain on the remaining 1/3rd would be taxable.

depending on whether or not the shares are readily convertible assets.

In terms of income tax, the first £2,000 of shares received by an employee is deemed to have been paid for by the employee and thus not charged to income tax (although no actual payment can be made by an employee for ES shares).

Any excess over £2,000 is however chargeable to income tax and may attract National Insurance Contributions

Other conditions required for the ES status to be gained include the following:

One of the main conditions which must be satisfied by the employee receiving ES shares is that they must not have a material interest in the issuing company.

For the purposes of this scheme, an individual is considered to have a material interest if they, together with any person connected with them, are able to exercise at least 25% of the voting rights, or in the case of a close company, they are entitled to more than 25% of the assets in the event of a winding up.

• The shares must be fully paid up and must be worth at least £2,000 and the accounts must demonstrate this; • No consideration must be given by the employee in return for the shares;

Naomi Nesbit, Tax Partner Wilkins Kennedy LLP www.wilkinskennedy.com

• The employer must provide the employee with a written statement of particulars of the status of the employee shareholder and the individual must obtain relevant independent advice on the terms and effect of this; and • The individual must be given a 7 day ‘cooling-off’ period, which commences on the day after the advice has been given, before they can accept the ES agreement.

In order for the employee to gain ES status, they must forego certain statutory rights, although the employer can effectively choose to reinstate those rights by contract after the event.

There is significant interest in this new scheme, either as a means to motivate and reward employees or as part of a specific exit or restructuring strategy, and Wilkins Kennedy LLP is now acting for a number of clients implementing ES schemes. We would be pleased to discuss the matter further with interested parties.

HOW YOU CAN HELP The best way that you can support the Foundation is to support the “It’s Not Just Peanuts” campaign by donating your firm’s unclaimed client account funds. There are an estimated 500,000 unclaimed client accounts in the UK worth approximately £500m. These accounts range from being £0.01 to thousands of pounds but as you can see from we have raised so far, it all adds up – it’s not just peanuts!

Unclaimed balances put a burden on small firms as they must be analysed and explained to auditors annually. So, in addition to helping those in need of free legal advice, do your firm a favour and feel assured that the money is going to a great cause!

Donating amounts under £50 is a very simple process. The SRA recommend that if a client cannot be traced, any funds in these accounts which are under £50 can be donated to charity.

Reasonable attempts must be made to contact the money’s owner – helpful guidance for this and template letters to send to clients can be found on our website at www.atjf.org.uk.

Donations can then be sent by cheque made out to the Foundation or by bank transfer. For any firms wishing to donate amounts over £50 we provide lots of useful guidance on how this can be done in order to comply with the SRA account rules.

The Foundation will also provide firms with a written indemnity as required by the SRA. We have raised a fantastic amount of money already but there are still so many legal organisations that need financial support.

If you would like to get involved raising money for the foundation and the Legal Support Trusts we have several exciting events to get involved with this year. Check out our calendar on the Foundation’s website to find out how you can run, walk and bake your way to raise valuable funds for your local legal advice centres.

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Education & Training

HAMPSHIRE LAW SOCIETY’S

CPD PROGRAMME

Are you achieving your CPD hours – remember that your records can be checked at any time by the SRA 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 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 Lectures are held at The Holiday Inn, Eastleigh and Fareham.

HAMPSHIRE LAW SOCIETY PRESENTS

A ONE DAY CONFERENCE ON FAMILY LAW MATTERS

WEDNESDAY 10 SEPTEMBER 2014 – BLAKE LAPTHORN, EASTLEIGH This one day conference will provide up to 5 hours CPD and will cover the following topics • • • • • • •

Case law update Financial update Children update Spousal maintenance International child law Prenuptial agreements New 2014 act and affect it has had in practice Full details will be circulated in due course. Register with Nicola for more information.

FEE Members £99.00 Non members £120.00

Refreshments will be available 15 minutes prior to the start of each lecture.

HAMPSHIRE LAW SOCIETY PRESENTS

2014 4 Nov

1345 - 1645

Mr Keith Biggs

Contentious Probate for Probate Practitioners and Litigators

Mr Derek Marshall

Family Law Financial

2015 Jan TBA 1345 – 1645 Jan TBA 1345 – 1645

Mr Ray Snow

Company Law

Feb TBA 1345 – 1645

Professor Lesley King

Wills and Trusts

10 Feb

Mr Peter Reekie

Key Issues in Property Transactions in 2014

3 March 1345 – 1645

Mr Denzil Lush

Court of Protection

17 March 1345 – 1645

Mr Paul Clark

SDLT, Case Update and Boilerplate

31 March 1730 – 1900

Mr Anthony Edwards

Criminal Law Update

5 May

1345 – 1645

Mr Gary Self

Employment Law Update

19 May

1345 – 1645

Mr Andrew McLoughlin

Civil Litigation Update

9 June

1345 – 1645

1345 – 1645

DJ Stephen Gerlis

Family Law Update

30 June 1345 – 1645

Mr Richard Snape

Conveyancing Update

7 July

Mr Edward Deneham

Property Lecture

1345 – 1645

OPEN LUNCHES Every three months there will be an open lunch 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 next one of these will take place at John Barleycorn pub, Cadnam (just of J1 M27) on Tuesday 9 September. Please contact Nicola Jennings if you wish to reserve your place.

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A ONE DAY CONFERENCE ON PROPERTY LAW MATTERS

WEDNESDAY 15 OCTOBER 2014 BLAKE LAPTHORN, EASTLEIGH This one day conference will provide up to 5 hours CPD and will cover the following topics • Proprietary estoppel and remedies • Service charges in residential leases • Capital allowances • How to interpret a surveyors report • Tricky conveyancing transactions • Mortgage and property fraud • Case Law update • Energy including wind farms and fracking Full details will be circulated in due course. Register with Nicola for more information.

FEE Members £99.00 Non members £120.00

To register your interest and to receive further information please contact Nicola Jennings on administration@hampshire lawsociety.co.uk

Social Events

HAMPSHIRE LAW SOCIETY PRESENTS

BREAK ALL THE RULES AND SELL MORE! WEDNESDAY 24 SEPTEMBER 2014, 1715 - 1930 BOND DICKINSON, SOUTHAMPTON

Every week in the UK a “High Street” law firm goes under. As of June this year, 160 firms had been placed in intensive measures by the SRA. “Rising numbers of the UK’s 11,000 law firms are facing financial collapse this year due to a “perfect storm” of legal aid cuts, banning of personal injury referral fees, growing reluctance of banks to lend and the prolonged economic downturn.”

(Financial Times, 23rd June 2014).

ARE YOU WEATHERING IT? As a fee earner, do you feel you lack the support and guidance you need to meet your commitments to bringing in new business?

As a Partner, are you worried that your exit strategy is being pushed back because your fee earners are uncomfortable selling and struggle to attract new clients?

• Ever said out loud, “I’m a lawyer, not a salesperson”?

• Are you new to, or uncomfortable with, selling?

• How many hours of study have you undertaken in how to attract new business?

• Did you ever imagine that being a solicitor would require sales skills or did you assume the title would do it for you?

• Does talking about money make you feel uncomfortable?

• Do you struggle to identify early, and politely disqualify out, people who make all the positive sounds of becoming a client but actually end up wasting your time and never committing?

• Do you ever suffer from people backing out at last minute?

• Ever wondered if asking for referrals makes you look desperate and unprofessional?

• Are fixed fees liberating you or are you worker longer and harder for less?

• Have you recently been used to compare fees?

• Have you been given high new business targets and feel pressure to hit them at all costs?

“We underwent Sandler training and we have tackled our obstacles and are speeding towards a strong new department. As a result of the training, our new client referrals have increased, including across our wills and probate department too, and I have skills which I can build on in both a professional and personal basis.” Marjha Golding-Evans, Solicitor, Head of Family Law, Hodders Law. Join Benjamin Dennehy, a lawyer, business owner and sales trainer and Marcus Cauchi, Managing Director of Sandler Training South East. Together they help solicitors who love being lawyers but never signed up to be salespeople. Sandler Training has helped hundreds of companies and professional firms turn their businesses around and grow, even in crowded, competitive, price sensitive markets.

FEE HILS Members £10.00 Non HILS members £15.00 2 hours accredited CPD

MEETING WITH AGE CONCERN HAMPSHIRE 17TH SEPTEMBER Age Concern Hampshire runs an advice service for its members. Much of the advice offered has a legal element.

Age Concern has agreed to meet with the members of Hampshire Society to explain their service and so that we can explain our work as High street solicitors to the advisers of Age Concern.

ANNUAL CHARITY QUIZ NIGHT IN AID OF LAW CARE

WEDNESDAY 1ST OCTOBER 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@hampshire lawsociety.co.uk.

Good Luck!

LAW SUNDAY

The meeting will take place at Winchester Guildhall on 17th September commencing at 6.30 pm. It will be open to all members of Hampshire Law Society. It will be of interest to all High Street practitioners who deal in private client law, and possibly to civil litigators.

WINCHESTER CATHEDRAL 12TH OCTOBER All solicitors and legal practitioners are invited to attend the annual service at Winchester Cathedral on Sunday 12th October to celebrate the work of the justice system.

Full details will be circulated to members in due course and will be available on website. In the meantime, note the date for your diary, and if you are not a member of Hampshire Society and wish to attend, there is still time for you apply to become a member before 17th September.

Hampshire Law Society will organize a reception and lunch for all solicitors; whether or not they are members.

Further details to follow.

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Property

CONVEYANCERS; TOO BUSY TO PLAN? Henry Ford (and apparently Albert Einstein) reputedly said; “if you do what you’ve always done, you’ll get what you’ve always got”. In 1998 Dr Spencer Johnson illustrated this misconception beautifully with, *Who Moved My Cheese? In his parable of Hem and Haw, and Sniff and Scurry in the cheese maze the four characters confront a changing world learning you may “get what you always got” for a while but it will eventually be worth less and less, until its gone.

Responding to a Law Society Gazette piece highlighting the all time peak in the solicitor population the ever vocal David Crawford wrote;

• New entrants have arrived as ABS’s and competitive business models have become established challenging accepted professional principles.

“So Mr. Smith you wanted me to chase up the Co-op bank for the proceeds of sale of that investment property they sold for you, did you?”

• The number of small and medium-sized law firms in financial distress has soared to nearly a quarter of the profession, while one in eight has gone out of business in the last year.

“Oh yes please, David, could you?”

Regulation, compliance, economic upheaval and new competitors aren’t excuses for keeping your head down and just getting on with the work, big issues are easy to hide behind if you don’t understand the changing local market for your skills.

Challenge your assumptions of where customers come from and how they really want to engage with you. Understand this and you’ll recognise that being busy might make your turnover look good but just making hay while the sun shines isn’t preparing you for the next rainy day.

“Well I once could, but since people like you opted for their £99 deal and no PII premium I could no longer afford to practice and the Law Society closed me down, so now I’m a cabbie.”

“Well what do you suggest I do?”

“Well you could always try co-op litigation services, I believe they’re offering no win-no fee.”

“But would they sue their own bank?”

“Any other bright ideas?”

Business is about people. The best sources of customers are relationships forged on your own doorstep. If you’re not using every means, every technology; every effort to maximise those relationships, be certain that someone else will be.

“Well I know of a solicitor in Liverpool who is friendly with drug dealers so you might try instructing him as your proceeds of sale seem to have gone off in that direction and there is this equitable doctrine called ‘tracing’.”

David Burrell, Legal Services Manager for Hampshire at Property Information Exchange Ltd can help you learn about becoming poweredbyyou. You can reach David on 07977 348348 or djb@poweredbypie.co.uk or visit www.poweredbypie.co.uk.

“I’m not sure but as their managing director has no idea what the heck he or his bank are doing there’s got to be a chance.”

“Doesn’t seem to me there’s much equity so far as the law is concerned.”

“Well you get what you pay for as the old saying goes.”

“Could you take me there then and introduce me.”

“Well yes but it would cost you, about £100 I’d say at a guess.”

“Well if you’ll excuse me I’ll take the bus and use my bus pass. You see it’s free as far as Chester.”

“Yes, but it will take you about four hours to get there.

Still you get what you pay for, or in that case what you don’t pay for.”

An amusing response to a surprising statistic given other trends; • In 2012 the legal market turnover was estimated at £25.8bn, but was predicted to fall by 0.8% by 2014 while 11,000 legal firms are expected to reduce by approx 3,000 in 2014.

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*

Who Moved My Cheese: Spencer Johnson 1998. Published by Vermilion, part of Ebury Publishing

Property

CONVEYANCERS PREDICT STRONG FUTURE GROWTH IN SEARCHFLOW SENTIMENT SURVEY 2nd June 2014: SearchFlow, the UK’s leading information and data provider for the property transaction market, is today unveiling findings predicting strong sector growth in its second Conveyancer Sentiment Survey.

The research showed that confidence is appearing to return to the marketplace with more than half (59%) of conveyancers expecting their business to continue to grow by 10% or more over the course of the year. Within this figure, a quarter of conveyancers are anticipating growth to exceed 21%. This is despite recent predictions from Nationwide warning against the housing market- particularly in London- facing a “natural correction” and the Bank of England citing the property market as representing the biggest risk to financial stability and long-term recovery.

The findings follow an overwhelmingly positive quarter for the conveyancers surveyed. Three-quarters (75%) saw their volume of work increase by 10% or more in the first quarter of 2014 alone, with 41% of this figure seeing volumes grow by more than 25%. This is an increase of 10% on the previous quarter, where 65% of those surveyed experienced similar growth.

Elsewhere SearchFlow’s research shows that conveyancers believe Help to Buy has had a negligible impact on market growth; 73% of conveyancers believe it has made no difference with just over a quarter (27%) saying it has contributed “somewhat”. Once again it is direct business that is fuelling growth with nearly three quarters (72%) of conveyancers seeing the highest growth here.

Despite this confidence, conveyancers continue to maintain a degree of caution when it comes to investing in recruitment,

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certainly in the short-term. While over half (52%) are looking at increasing their headcount in the next quarter, 27% said it would be unlikely with one-fifth (21%) saying team growth is “very unlikely”.

SearchFlow’s Conveyancer Sentiment Survey highlights a real requirement for the conveyancing sector to educate homebuyers around flooding risk. Sixtyfive per cent of conveyancers stated that the floods have changed their view of flood risk when undertaking searches.

However this is not reflected in consumer attitudes. Fifty-five per cent of conveyancers see no change in their clients’ attitude to risk with 37% seeing a minor shift in attitudes.

“Our second survey with The Law Society Gazette indicates that confidence within the sector remains strong,” comments Perran Moon, Marketing Director, at SearchFlow.“However we need to be mindful of the strong dynamics at play

here. Although 73% of conveyancers state Help to Buy has had no positive impact, it would appear that the media noise around this has encouraged people who might not otherwise have considered moving to do so. As an industry we need to address the fundamental issue of a lack of housing supply. The Home Builders Federation estimate the UK is now one million homes short, so to create a sustainable market place, this needs to be addressed along with the requirement for resultant infrastructure changes.”

Property

THE LAW SOCIETY CONVEYANCING PORTAL PROJECT

by Nicholas Gurney-Champion

News is filtering out of a possible online revolution in the way residential conveyancing solicitors do their job. Although some details have appeared in the legal press over the last six months or so this has not included much detail and so I thought I would travel up to Chancery Lane and find out what is going on from the person in charge. This turns out to be Nigel Spencer who is the Law Society’s Chief of Commercial Affairs. I started by asking:WHAT IS THE CONVEYANCING PORTAL? The portal is an on-line interactive forum through which conveyancing professionals can communicate with each other, conduct due diligence on clients and other parties and which will facilitate the transfer of residential property using established protocols.

WHY IS THE LAW SOCIETY INVOLVED IN THIS PROJECT? We believe that the build and operation of the portal will (a) help to maintain solicitors and conveyancers at the heart of the conveyancing process (b) enable all firms to communicate with each other more effectively, (c) provide technology led service improvements to solicitors and their clients, and (d) provide a strong return on investment and in time, a valuable revenue stream to the Society.

WHY NOW? The feedback we get from many of our members is that the majority of solicitors and clients now prefer to communicate electronically rather than by traditional paper. It is common now for contract packages, especially with new builds, to be provided electronically. Most searches can now be carried out and the results received electronically. More and more of the conveyancing process is online. Now seems to be a good time to take this to the ultimate conclusion and have the whole process online. The Law Society strongly feels that if we do not take the initiative and develop the online portal now, some other organisation will and solicitors will lose great influence and control over the process.

HOW WILL THE SERVICE BE PROVIDED? The portal will be built and run by a separate company, a joint venture company, owned and operated by the Law Society and a preferred technology partner. Our technology partner will therefore have a stake and will be as keen as we are that the project is a success.

The joint venture company is called Legal Practice Technologies Ltd (LPT).

DO YOU THINK THE PROFESSION WILL SUPPORT THIS CONCEPT? Throughout the project to date, the project team has engaged extensively with conveyancing practitioners and related stakeholders. Informal reporting and targeted market research suggests both that the majority of the conveyancing community strongly supports the creation of a portal of this kind and is willing to pay a fee to use it.

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WILL THE PORTAL FACILITATE ALL CONVEYANCING TRANSACTIONS? At launch, it is proposed that the portal will only handle residential conveyancing transactions. Expansion into other areas will be considered by the business as it evolves.

WHAT WILL THE PORTAL BE CALLED? HOW WILL IT BE BRANDED? This has yet to be established. LPT has commissioned a branding agency to help with this and LPT will operate with its own branding and corporate identity. The use of the brands and logos of the venture partners will be subject to negotiation.

IS THE PORTAL JUST FOR CQS FIRMS? No, the portal will be open to any conveyancing professional who meets the required standards for entry. This includes all solicitors and licensed conveyancers. This will be at least the equivalent of the CQS accreditation standard, i.e. robust to ensure that only legitimate firms and personnel are able to use it and to maintain the confidence of all users and other stakeholders, such as lenders and the Land Registry.

IF THE LAW SOCIETY IS INVESTING IN THIS PROJECT, WHY IS IT NOT JUST FOR SOLICITORS? In order for the portal concept to be successful all conveyancing professionals must have access to and be encouraged to use the portal.

WHY WOULD SOLICITORS USE THE PORTAL? The portal is intended to provide solicitors with a facility to increase efficiency and reduce wasted time and cost in the conduct of conveyancing. It will allow smaller firms to level the playing field in terms of their interaction with larger more technologically enabled firms and enable solicitors as a profession, to remain at the heart of the conveyancing process by putting them at the core of what is hoped will become the universal process for buying and selling property.

WILL THE PORTAL INTEGRATE WITH MY EXISTING PRACTICE MANAGEMENT SOFTWARE? This is the intention. However there are such a variety of bespoke systems of different ages within the conveyancing market. Post launch, once a stable platform has been established, it is intended that the joint venture company will release information to enable integration of data on the portal with many current practice management tools.

It should be noted that the portal will go live with its own practice management software embedded.

ABSOLUTE SECURITY AND RELIABILITY ARE CLEARLY VERY IMPORTANT. IF THE PORTAL WENT DOWN ON A FRIDAY THIS WOULD BE A DISASTER. HOW SECURE AND RESILIENT WILL THE SYSTEM BE? Security and Data Protection have been priorities in the technical design of the platform and will be subject to rigorous testing prior to launch. It is vital that the technology that is implemented is reliable and resilient. The system designed by our preferred supplier contains multiple levels of failsafe and backup to ensure maximum availability. The most up to date monitoring tools will be utilised to ensure issues are identified and identified instantly. The servers are also built to the standards defined by Microsoft. The solution supports instant scalability, so if more capacity is required (either on demand, occasionally or over time) the system will grow and contract to meet requirements.

WHAT IS IT GOING TO COST TO USE THE PORTAL? That has yet to be finalised. We will announce that information nearer the time of full launch in early 2015. There are likely to be a number of different cost models, which you can choose to suit your firm. This is likely to consist of a usage licence fee or a per transaction fee or a combination of both. What I can assure you at this stage is that use of the portal will save considerable time and cost to your practice.

WHEN IS IT HOPED TO LAUNCH THE PORTAL? Development work is well underway. Our aim is to have testing of the system in the latter part of 2014 with the intention for the portal to be ready for launch during the first quarter of 2015.

This is clearly a significant development for the conveyancing profession. It seems to me that this project will have the potential to greatly enhance solicitor’s ability to carry out residential conveyancing transactions in a more efficient, more timely, more open way and potentially at less cost to the firm and I wish the Law Society every success with this venture.

Nicholas Gurney-Champion is a Partner with Gurney-Champion & Co. Solicitors in Portsmouth and is the Law Society Council member for residential conveyancers.

Property

CONTAMINATED LAND: DISTRICT COUNCIL MAKES SURPRISE DECISION In the face of recent government cuts to reduce funding to investigate and remediate contaminated land, South Somerset District Council has agreed to determine land currently occupied by residential properties as contaminated.

The site on Whatley in Langport was formally owned by the Langport Coal Gas Company.

An investigation of 11 homes on the site began in 2009 as the presence of structures suggested remediation may not have taken place when it was developed for housing. A Phase 1 Desk Study review recommended intrusive investigations which were carried out in phases between May 2013 and January 2014. The investigations found waste foul lime under a thin layer of topsoil containing typical gas works pollutants including smears of cyanide-rich Prussian blue and combustion products like benzo(a)pyrene. Arsenic was also found in buried waste.

The District Council is now considering designating the garden as “contaminated land”, where pollutants could come in direct contact with humans, declaring “exposure to these pollutants is considered to represent both acute and long-term risks to residents.”

This decision comes as a surprise after Defra’s announcement on 9th December 2013 to cease supporting the Contaminated Land Capital Grants Scheme beyond April 2014. The closure of the Capital Grants Scheme will inevitably reduce government funding and place greater emphasis on the planning process (as set out in the National Planning Policy Framework) to tackle the impact of contaminated sites.

Concentrations of arsenic in the garden reached up to 4,400 mg/kg, Public Health England reports that the minimal risk level for arsenic is 32 mg/kg, so more than 100 times the safe limit.

Areas of soil were also found to contain levels of cyanide which “exceed safe occupation levels” and concentrations of benzo(a)pyrene at more than 200 times the normal background levels for an urban environment. It was noted that most of the waste is buried but exposure could be caused by “normal residential use of the garden”.

Act, the district council has a responsibility to determine where contaminated land exists and seek remedial action. The process is designed in a way that upholds the principal of ‘polluter pays’ but in this case the company may not still exist. Moving forward, the council may consider applying for a grant from the Environment Agency to carry out remedial works.”

The residents of 24 Whatley have been notified of the findings but have been advised they can remain in the house.

The risk to health is mainly if the material is ingested. Currently, residents in the affected area have been advised as to suitable use of their garden.

GROUNDSURE’S ANALYSIS

GroundSure’s extensive Historical Land Use Database contains over 7 million features of potentially contaminative land uses from varying dates which are reviewed as standard in all of the GroundSure environmental reports. A GroundSure Homebuyers report for 24 Whatley identified the property and surrounding area as potentially contaminated land and identified the presence of a gas works with associated gasometers and other infrastructure between circa 1886 and resulting in an “In Need of Further Assessment” report.

GroundSure Environmental reports and data insight products are built on the most comprehensive historic land use dataset available. They ensure that conveyancers and consultants can guide their clients ahead of purchase decisions or as part of site investigations.

All GroundSure Environmental reports are available to purchase through Wessex Searches.

For peace of mind, order yours today.

The report recommends that the council agrees to determine the land as contaminated.

Vicki Dawson, the district council’s principal environmental protection officer said: “Under the Environmental Protection

Visit us at www.wessexsearches.co.uk or call us on 01225 526206 for more information.

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WILLS, PROBATE, ESTATES & DISPUTE Claims in relation to the estate of a mother, father, brother, sister, spouse or partner are often highly emotive. There is often a sense of injustice, suspicion and mistrust.

Typical wills, probate and estate claims include: • Claims for financial dependency under the Inheritance Act • Claims challenging the will by virtue of undue influence • Claims challenging the will by reason of incapacity or lack of knowledge • Claims for an extra share of the estate by reason of proprietary estoppel • Claims for an extra share of the estate by reason of constructive trusts • Claims arising out of inactivity and non distribution of the estate The basic requirements for a will are set out under the Wills Act 1837 including its written form and its need for signature and attestation. In addition the testator must understand the nature and affect of the will. As Lord Cockburn said in Banks v Goodfellow (1870) LR 5 QB 565:

By Russell Evans, Mediator and Mediation & Arbitration Panel Manager at Resolve UK approved by the Ministry of Justice www.resolveuk.co.uk

‘It is essential … that a testator shall understand the nature of the act and its effects; shall understand the extent of the property of which he is disposing; shall be able to comprehend and appreciate the claims to which he ought to give effect; and, with a view to the latter object, that no disorder of mind shall poison his affections, pervert his sense of right, or prevent the exercise of his natural faculties – that no insane delusion shall influence his will in disposing of his property and bring about a disposal of it which, if the mind had been sound, would not have been made.’

Sometimes there are deep divisions, historic rivalries and even jealousies with multiple competing family members and even multiple competing families.

Claims attacking the validity of a will including claims based on undue influence or lack of testamentary capacity and understanding can lead to the revocation of a will, a prior will taking precedence or even intestacy. The recent case of Hawes v Burgess (2013) EWCA Civ 74 concerned a testator with dementia and the case of Hubbard v Martin (2011) EWHC 2750 an estate passing to someone described as a cleaner.

We no longer live in a world of the nuclear family where all members of the family live under the same roof or in the same locality. Families are frequently dispersed. We now live in a world of multiple partners, high divorce rates and unmarried couples. Indeed there may be multiple families and offspring.

Estates are no longer small. Rather than a world characterised by predominantly tenanted residence we now live in a world of property ownership at a time which has witnessed surging property prices which have pushed up the value of even a modest terraced house. Bequests are no longer trinkets and mementos. Often there is an estate of some size. Indeed there may seem to be a pot of gold worth fighting over.

One family member may have been favoured. Some family members may feel let down or left out. Others may feel that they have shouldered the burden. Indeed because of our fragmented society the burden of caring for an elderly parent may frequently fall on one family member alone.

It is within this historic emotionally charged landscape that disputes arise.

There may be a feeling of injustice because of the terms of a will or because of significant lifetime gifts. Maybe promises have been made! Often there is unfulfilled expectation.

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Undue influence requires some form of coercion. What amounts to actual undue influence is a question of fact. As Sir James Hannon said in Wingrove v Wingrove (1885) LR 11 PD 81: ‘The coercion may, of course, be of different kinds, it may be in the grossest forms such as actual confinement or violence, or a person in the last days or hours of life may have become so weak and feeble, that a very little pressure will be sufficient to bring about the desired result, and it may even be that the mere talking to him at that stage of illness and pressing something upon him may so fatigue the brain that the sick person may be induced, for quietness sake, to do anything. This would equally be coercion though not actual violence.’

As Viscount Haldane also said in Craig v Lamoureux (1920) AC 349: ‘Persuasion is not unlawful, but pressure of whatever character if so exerted as to overpower the volition without convincing the judgement … will constitute undue influence.’

Claims under the Inheritance Act are frequently brought by wives, partners, disappointed children and others who have been maintained by the deceased. In order to bring a claim under the Inheritance Act the testator must at the time of death have been domiciled in England and Wales. A claimant must fall within one of several defined categories including spouses and children. A claimant must then demonstrate that no reasonable financial provision has been made for him or her. If so a court will then decide what if any provision should be made. There are of course relatively short time limits for bringing dependency claims under the Inheritance Act. There is also a marked difference in approach between claims by spouses and those of adult children.

Claims for an additional asset share by way of constructive trust or proprietary estoppel are usually based on representations, expectation and conduct. Constructive trusts can arise in circumstances where there are direct contributions towards the purchase price of property including mortgage instalments. Proprietary estoppel requires a representation by the testator and detrimental reliance as a consequence of that representation by the claimant.

Recent cases have included Thorner v. Majors (2009) 1 WLR 776 where a farmer promised a young relative that in exchange for working on his land for little or no pay he would inherit the farm in his will. Other successful cases have included claims based on promises where the claimant has moved in with the testator, paid for and

Professional Practice

RESOLUTION

JUDICIAL NOTES THOUGHTS AND OBSERVATIONS FROM THE JUDICIARY It is the aim of the Hampshire Law Society to promote a closer dialogue between the Judiciary and practitioners. With this in mind we set out some initial thoughts and observations arising from our discussions with the Judiciary below:

effected improvements to property and provided long term care. The case of Bradbury v Taylor (2012) EWCA Civ 1208 even concerned a claim made during both parties lifetime when a testator changed his will contrary to previous promises which had been relied upon. As always actual circumstances and proof are essential. When dealing with proprietary estoppel claims the courts will do no more than is necessary to do equity between the parties.

Contentious probate cases in their multitude of forms are embedded with highly personal, highly emotive disputes. Court cases by their very nature tend to reinforce the conflict focusing as they do on the central dispute fuelling the flames of anger, hurt and frustration. Mediation by contrast focuses on dispute resolution and reconciliation.

Mediation can tread its way through the historic anger, resentment and mistrust and facilitate a dialogue, a reflective review and a calm reasoned discussion in a confidential setting which usually leads to a framework for resolution.

Court cases are littered with emotional turmoil, high costs and trauma. As Mr Justice Briggs observed in the case of Lilleyman v Lilleyman (2012) EWHC 1056 which concerned a wife’s claim against her late husband’s estate: ‘While it may be that a ‘no holds barred’ approach to certain types of litigation is entirely appropriate, it is not in my judgment at all appropriate in the context of claims under the Inheritance Act.’ In failing to negotiate and compromise Mr Justice Briggs noted that ‘Mrs Lilleyman was …engaged in a high risk venture in which she played for high stakes and, in substance, lost.’ Cost consequences of course followed.

The Judge can, as in Lilleyman, order that the costs are substantially paid by one party.

The judge can also however order that the costs are paid out of the Estate thereby penalising all parties. The significant costs of litigation can even on occasion consume the entire value of the Estate.

Many judges believe that parties should engage in constructive discussions and seek to resolve their dispute by way of mediation. Indeed this is what Lord Justice Ward said in the Court of Appeal case of Oliver v Symons (2012) EWCA Civ 267: Parties should ‘put their faith in the hands of an experienced mediator, a dispassionate third party, to guide them to a fair and sensible compromise of an unseemly battle which will otherwise blight their lives for months and months to come’ More recently Lord Justice Briggs in PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288 has made it clear that a refusal to mediate may be considered unreasonable thereby justifying a punitive costs order against a party who does not mediate with a view to resolving a dispute:

Judges have raised concern about the failure of some lawyers to notify the court of active settlement negotiations and indeed settlement in a timely fashion so as to free up and better manage court time. Practitioners are asked to assist the courts accordingly.

Practitioners will be aware of the practice implications of Mitchell upon which we commented in the Spring edition of the Hampshire Law Society Magazine. If parties require extra time for compliance applications for extensions of time should be made in a timely fashion before the expiry of the deadline. Practitioners are also reminded of the new ‘Buffer Rules’ set out in the Civil Procedure (Amendment No. 5) Rules 2014 which came into force on 5th June. The Court of Appeal has now revisited and reinterpreted Mitchell in 3 combined appeals, giving judgment in Denton & Ors v TH White Ltd & Ors [2014] EWCA Civ 906 on 4th July 2014. Practitioners should read and familiarise themselves with this decision.

Practitioners will be aware of the increase in Litigants in Person in the court system which has brought with it its own challenges. Mrs Justice Asplin has been appointed to coordinate the consideration of issues in relation to ‘LIPs’.

‘In my judgment, the time has now come for this court firmly to endorse the advice given in chapter 11.56 of the ADR Handbook, that silence in the face of an invitation to participate in ADR is, as a general rule, of itself unreasonable’

If you have any thoughts about promoting efficiency or the administration of justice do not hesitate to let us know.

If you are engaged in conflict Mediation could be right for you.

By Russell Evans Hampshire Legal

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DX LAUNCHES eDX – A GAME CHANGER IN ENCRYPTION SERVICES DESIGNED TO HELP LAW FIRMS SHARE SENSITIVE DATA WITH EXTERNAL THIRD PARTIES The UK’s leading courier services provider to law firms launches a new secure electronic document exchange service, offering unique benefits to law firms and a free entitlement to existing Customers London – 3rd July 2014 – DX, a leading independent mail, parcels and logistics end-to-end network operator in the UK and Ireland, today announces the launch of eDX, a secure electronic document exchange service that will enable Customers to share all forms of electronic information. Powered by Egress Switch, the award-winning and only UK Government certified email encryption product, eDX will combine service and technology excellence in order to enable law firms to encrypt and secure emails and files of any size and format.

For over 35 years, DX has been successfully providing reliable and secure physical mail delivery services to law firms, and currently delivers over 170 million physical packages every year.

Recognising the on-going changes in the communications landscape, the launch of

eDX represents an extension of the services that DX delivers to include all forms of information and data, regardless of whether it is physical or electronic.

Leveraging the Egress Switch encryption platform, eDX integrates with desktop, gateway and mobile applications (including Microsoft Outlook), as well as firms’ document and practice management systems, to make sharing electronic information securely as simple as sending a conventional plaintext email.

The service offers central management and comprehensive auditing and reporting functionality, so you can track information leaving your organisation and comply with the SRA and DPA. In addition, real-time revocation means you can restrict access to already sent information, so your firm remains protected at all times.

Commenting on the announcement, Petar Cvetkovic, CEO of DX, states: “The launch of eDX represents an exciting addition to the DX services portfolio. We have been leaders in our market for several decades and using our relationship with the legal industry, we’ve listened to and responded to the needs of our Customers. Using the DX platform, we feel we are uniquely placed to offer a complete secure information sharing solution, which extends to both physical and electronic data. By consolidating these services into a single offering, the potential benefits to firms will be huge. To demonstrate our commitment to this new service, we are rewarding existing Customers by offering them a free entitlement based on their existing DX Exchange subscription.”

Tony Pepper, CEO of Egress Software Technologies, comments: “Today’s launch of eDX represents a very exciting yet natural extension of the DX’s offering, which already embraces great service, security and Customer choice.

We have built Egress Switch’s reputation for excellence on similar values, in addition to our commitment to technological investment in order to develop the market’s leading encryption services platform. As the UK’s only Government CPA certified email encryption product, we feel this approach has been fully justified.

Working in close partnership with DX, we believe today’s announcement brings to market a unique and comprehensive secure information sharing platform that combines excellence in both service delivery and technology.”

Cvetkovic concludes: “We see eDX as an example of a trusted service, delivering trusted technology in order to provide genuine Customer benefits. Working closely with the team at Egress and leveraging their market-leading encryption technology, we feel we have built a service model that will not only offer this to all DX Customers but also the wider market.”

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CHIP, CHIP, HOORAY! With microchipping set to be made compulsory for all dogs in England in April 2016 – and with an estimated 20% of dogs in the UK still unchipped - demand for the procedure is likely to be significant over the coming year according to Dogs Trust, the UK’s largest dog welfare charity.

In 2016, the government will be introducing secondary legislation under the Animal Welfare Act 2006 requiring the microchipping of all dogs. After this time dogs in England that come to the attention of the police or local authorities will be scanned and owners of those found without a microchip given a short period of time to carry out the procedure. If they fail to chip their dog, owners will face a fine of up to £500.

To ensure that everyone has easy and free access to a qualified microchipper, Dogs Trust has launched the Microchipping Through Vets Campaign so owners can have their dog microchipped free of charge through vet practices across the country. Visit www.chipmydog.org.uk to find a participating vet in your area.

Dogs Trust is extremely grateful to the 1,500 plus practices who have already joined the campaign and hopes that as many as 75% of the 3,075 vet practices in England and Wales will have signed up in the next few weeks.

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Professional Practice

SRA CONSULTATION ON SOLICITORS PII –

A BROKER’S VIEW FROM JANINE PARKER OF PARAGON INSURANCE BROKERS The SRA has now launched a new consultation titled “Proportionate regulation: changes to minimum compulsory cover.”

The SRA have introduced 5 proposals regarding changes to the minimum terms and conditions; 1

Reduce the mandatory PI cover to GBP 500,000

2

Introduce an aggregate limit on claims

3

Require compulsory cover only for claims by individuals, small and medium-sized enterprises, trusts and charities

4

Reduce run off cover to a minimum of 3 years

5

Require firms to assess the level of cover appropriate to their firm beyond the minimum

On 2 July the SRA board approved proposals 1 and 5. The changes are still subject to approval from the Legal Services Board and may still be made in time for the 1 October PII renewal. The decision on the remaining proposals has been deferred until 2015. We consider these proposals and their potential impact from an insurance perspective.

Reducing the mandatory limit to GBP 500,000 is likely to only affect firms that carry out low value work e.g. low value probate matters. Any work for enterprises/charities with a turnover of greater than GBP 2,000,000 or a trustee of a trust with a net asset value greater than GBP 2,000,000 (as defined by the consultation) may not require the compulsory PI cover, assuming the proposals are passed in full. However, those firms that carry out conveyancing or deal with larger clients are likely to maintain their current levels of cover. In most cases, clients will often stipulate the level and breadth of cover a firm needs to maintain.

The SRA is clearly trying to assist smaller firms in finding affordable cover. However, it must be questioned whether reducing the compulsory limit would in fact have any effect on pricing. The reason is that the vast majority of professional indemnity claims from the solicitors’ profession fall under GBP 500,000 meaning that this is where the real exposure exists for insurers. Therefore, any impact on pricing is likely to be negligible.

Furthermore, it has to be questioned whether allowing insurers to aggregate their total exposure on any given risk would affect levels of pricing, again due to where the majority of claims fall. The excess layer markets would also have to be considered, as if they were no longer following an “Any One Claim” limit, then it is certain we would no longer see the low levels of pricing and wide levels of coverage that firms currently enjoy.

The fourth proposal to reduce the run-off requirement to 3 years may well be a welcome one for insurers and legal practices, but it is surely not in the interest of the consumer. The current norm is that a firm will pay between 2-3 times its last annual premium for 6 years of run off cover. Whilst this can be a significant cost for firms wishing to close, that protection is essential for partners and consumers alike. Six years of cover for three times the last annual premium paid does not represent bad value for money. If this were to change you open the possibility of claims against closed firms with no cover in place. Who will pay the claims? If this is to fall to the Compensation Fund then a way of funding this will have to be found, no doubt through the cost of practising certificates. However, if the run off term was reduced then the run off premium cost would certainly fall, although to what extent is unknown, given the majority of claims surface in the first three years after a practice closes.

In the final proposal the SRA is clearly putting the responsibility for the level of cover required, over and above the minimum requirement, on the legal practice. This process already exists, assisted by advice from brokers, to ensure appropriate levels of cover. It is highly likely that the vast majority of firms will still maintain their existing levels of cover due to the requirements of their customers and the expectation of Outcome Focussed Regulation. Greater caution will have to be exercised in respect of explaining levels of cover in place at the point of engaging a client. Any potential confusion regarding levels of indemnity could lead to further issues with clients, especially if a firm changes its level of indemnity having previously engaged a client whilst carrying a higher limit.

To conclude, it must be questioned whether any of these proposals will benefit legal practices, consumers or public confidence. Debate around the issues of professional indemnity cost is always welcome but the key issue of coverage is being ignored.

Fraud is still covered, policy cannot be voided as a result of non-payment of premium, liability cannot be repudiated by insurers – these are the issues that need to be addressed. Though the possibility for adding exclusions into the cover now exists for larger clients, is this in the interest of the profession or consumer. Therefore, the need for your firm to understand its past and future liability is greater than ever, and your broker should be consulted to assist you with this. On a positive note, initial reaction in the market suggests that insurers will continue to offer the “traditional” cover where requested. Firms should use this as a unique selling point when attracting new clients.

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BREAKING SOME MYTH’S ON HOW TO ACHIEVE A SUCCESSFUL REVIEW...

Every year Law Firm insurance buyers are speaking to brokers with a similar shopping list:• Most competitive premium • High standards of policy cover • Proven claims handling track record • Proven service standards • Value added services such as Risk Management Advice How is this best achieved?

Myth number one; more brokers, more quotes, more competition, equates to cheaper premiums. In our experience this actually has a negative outcome on achieving best terms from Insurers. Often if Insurers receive differing information from competing brokers they put forward a no quote. With available insurers relatively limited it is more important to select one competing broker capable of putting your existing broker to the test.

Myth number two, not providing target premiums means you will get best terms first time. No doubt you set goals and targets within your own business and share them where possible with your management or employees. The same advantages apply to insurance premiums. The first thing this will achieve is a more efficient process with brokers able to eliminate the uncompetitive

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insurers quickly. Those insurers who are close to the premium are often asked to sharpen their pencil to help brokers achieve their goals. Finally the broker can discount their commission or fee if they felt that they could still service the client effectively at a discounted rate.

Myth number three; review every year.

The downside to this strategy is that insurers really want long term clients.

Often the administration costs for insurers are high in the first year, so changing insurers’ year on year can often be more costly than reviewing every 2-3 years.

Myth number four; not committing to the process. A competing broker is going to represent your firm with insurers. If they are going to do this effectively then they should be asking questions around your current arrangements, previous claims, risk management procedures and so on.

The more challenging they are probably

the harder they are trying, do you really want someone who is just sending a proposal form to insurers?

I could go on and on, but we are all busy people, so before I go, a few tips.

Set clear timeline. If you want everything completed by a specific date ensure the competing brokers are aware of the presentation and decision deadline, together with who is involved in the process.

Everyone will tell you that have spectacular service, but not everyone shares your definition. They should provide a customer service charter outlining what service they do in return for the negotiated fee or commission, or ask for testimonials from existing clients. The hidden cost of servicing could well outweigh many savings. Spending your valuable time on the phone chasing documentation, chasing claims experience for CQS, checking and amending any spelling errors on documentation; the list is endless.

If you would like to know more regarding any of the content above please contact:Tristan Webb, Managing Director, Aspire Insurance Services Limited, 0845 270 6720.

Professional Practice

THE NINE CHARACTERISTICS OF SUCCESSFUL BUSINESS LEADERS AND ENTREPRENEURS I imagine that at some point this year you may have taken a step back to reflect on the stage in your career that you currently find yourself. This, of course, will be different to each and every individual as we will all naturally have very personal aspirations and goals.

Alan Rajah, ran a workshop at a recent GGI conference in Scotland where extracts from the above presentation formed one of the key discussions.

Many of you may have been in business for some time and are therefore looking for the next career move, whilst others may be at the pinnacle of their career and in the process of identifying a successor to take over their business, and some of you might be new in the organisation and looking ahead to establish long-term goals. The good news is that many of these leadership characteristics are learnable.

THE 9 CHARACTERISTICS THAT I BELIEVE ARE THE KEY DRIVERS IN BEING SUCCESSFUL:

This may trigger creative ‘thinking out of the box’ ideas as well as provide key insights on how a new venture may be enhanced to realise its full potential.

LOCUS OF CONTROL When you are confronted with a challenge, do you feel that you have control over the outcome, or do you believe that you are simply at the mercy of external forces?

If you believe that you have control over what happens, then you have what is referred to as an “internal locus of control”.

If you believe that you have no control over what happens, and that external forces or environmental factors are to blame, then you have what is known as an “external locus of control”.

GOAL ORIENTATION

1

Self-esteem

Goal orientation has a number of meanings depending on how it is applied. It is generally defined as “demonstrating ones abilities through their achievements in performance appraisal”.

2

The need or an overwhelming desire to achieve

It can help forge stronger working relationships, better communication and open dialogue between colleagues, as well as nurture trust and respect between people.

3

Screening for opportunity

OPTIMISM

4

Locus of control

5

Goal orientation

Winston Churchill famously once said: “A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.”

6

Continued optimism

7

Courage to see it through to the end

COURAGE

8

Tolerance to ambiguity

Courage is the ability, and willingness, to confront fear, opposition and uncertainty.

9

Strong Internal Motivation

In the business world this quality may regularly be put to the test if pursuing new opportunities and having to make decisions that include taking risks. The trick is in striking a balance between knowing which risks to take, and how far to push them.

SELF-ESTEEM Is about confidence in your own ability or self-worth and having the belief you can achieve great things in life.

THE NEED TO ACHIEVE Having the ability to outthink the competition – it’s not always about the short sprint to the finish, with flashes of brilliance. It’s a test of endurance.

Focus on your goals, be inspired, and be prepared to take the odd risk. Always be open to feedback. Seek to be unique!

SCREENING FOR OPPORTUNITY It helps to form a bigger picture enabling you to obtain a realistic view of the strengths, weaknesses and any potential threats of a business idea.

Being optimistic ultimately means that you expect the best possible outcome from any given situation.

TOLERANCE TO AMBIGUITY Is the ability stay neutral and suspend judgment or opinion (positive or negative), about the topic being discussed. It’s the willingness to take a step back and absorb all the information to achieve a balanced view and weigh up any uncertainties or risks.

STRONG INTERNAL MOTIVATION It has been shown that that motivation has its roots in physiological, behavioural, cognitive, and social areas.

Intrinsic motivation is our inner drive to behave or act in a certain manner in pursuit of our wishes, desires and goals, rather than the reward at the end.

People who are intrinsically motivated are more likely to engage in a task willingly, and who are seeking to improve their skills and expertise.

Each of us has all the characteristics of a successful business leader, but it is up to you to explore or enhance your individual skills.

Hampshire Legal

33

Notices

LOCUM AVAILABLE FOR FAMILY/MATRIMONIAL WORK Miss Vivien Manfield, Solicitor.

Admitted 1981, Resolution Accredited Family Specialist January 2006 – January 2011, based in Winchester, has been doing locum assignments since 1993 and is available for full or part time assignments.

Tel: 01962 853930 or email vivienmanfield@yahoo.co.uk for more information and c.v.

FAMILY SOLICITOR We are seeking a solicitor to assist in our busy family department with a view to developing and managing their own caseload. The role will be based at our Petersfield office.

Ideally with 1-5 years PQE you will have had experience of working in a family department, have good academic skills and become a committed member of our successful team.

You will assist with the current caseload in the department and grow your role within the department. You must be willing to be involved in client sourcing work and business development and be confident in promoting the firm’s values. You will be providing the highest level of service to our clients, which is tailored to their individual needs. You will be willing to go the extra mile for clients. There will be training opportunities and we can offer excellent career prospects for the right candidate.

LITIGATION SOLICITOR

We are seeking an additional solicitor to take on the role of managing a growing caseload of Litigation work, based at our Petersfield Office.

You will need to share our focus on providing the highest level of service to our clients, which is tailored to their individual needs. As a result you will not only have extremely good communication skills but you will be willing to go the extra mile for our clients. You will also need to share our values of being ‘Open, Responsible and Fair’, which lie at the heart of what we stand for as a firm and which guide how we approach all aspects of our work.

With a minimum of 1-2 years PQE you will have experience of handling your own case-load, have good academic qualifications and a solid background in all aspects of litigation work. You will be comfortable handling a range of general litigation cases, in particular contentious wills, trust and probate, residential and commercial landlord and tenant work and other property litigation. A willingness to support our growing Employment team would also be an advantage.

For further details of both these positions please visit our website www.macdonaldoates.co.uk where you will find an application form which should be downloaded and sent by email to:- recruitment@macdonaldoates.co.uk together with a covering letter.

As a firm we are focused on achieving growth and on developing the business, applicants should be willing to be involved in all aspects of client sourcing and business development. With fantastic administrative support and training opportunities we can offer excellent career prospects for the right candidate.

34

Hampshire Legal

MISSING WILLS MR MICHAEL BRIAN TATTERSALL 18 East Lodge Fareham PO15 5NG Dob: 31/08/1944 Dod: 21/09/2013

MISSING DEEDS 80 Merrivale Road Portsmouth Hampshire (Mr Harry James Jacobs and Margaret Thelma Jacobs)

ILEX/FILEX/SOLICITOR/ PARALEGAL Letchers Solicitors are looking to recruit an experienced ILEX/FILEX/Solicitor/ Paralegal to join their busy Matrimonial and Family Team.

The appropriate candidate will have a thorough knowledge of both Public and Private Children Law and Private Financial Remedy cases and will have a good knowledge of Legal Aid policies and procedures with a proven ability to work freestanding or as part of a team. Remuneration is commensurate with experience. Ability to use a case management system would be advantageous.

All applications are to be addressed to The Practice Manager, Alison Howell, Letchers Solicitors, 24 Market Place, Ringwood, BH24 1BS or by email to alison.howell@letchers.co.uk

HELP WITH TITLE CHECKING

Woodford Stauffer Solicitors in North Camp, Farnborough are looking for part-time help with Title Checking.

This position offers flexible hours and would suit a retired Solicitor or Legal Executive.

Please forward your CV by email to Julie Connor connorj@woodfordstauffer.co.uk

RESIDENTIAL CONVEYANCER

Letchers Solicitors are seeking a Residential Conveyancer, we are looking for an experienced Solicitor or Legal Executive to undertake and maintain a busy caseload of Residential Conveyancing and will suit someone with a solid background in this Practice area.

Letchers Solicitors are committed to providing an 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 your 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