Contents Intro
PUBLISHER Ian Fletcher Benham Publishing Second Floor 3tc House, 16 Crosby Road North, Crosby, Liverpool L22 0NY Tel: 0151 236 4141 Facsimile: 0151 236 0440 email: admin@benhampublishing.com web: www.benhampublishing.com
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List of officers
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President’s Jottings
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CEO Report Local Issues
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Local news Legacies
ADVERTISING AND FEATURES EDITOR Anna Woodhams STUDIO MANAGER Fern Badman
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CHIP, CHIP, HOORAY!
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The Benefits of Leaving a Legacy Property
ACCOUNTS Joanne Casey
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MEDIA No. 1354
Distress for arrears of rent Family Law
PUBLISHED June 2014 © The Surrey 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. DISCLAIMER The Surrey Law Society welcomes all persons eligible for membership regardless of Sex, Race, Religion, Age or Sexual Orientation. All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between member and should not be relied upon as an accurate statement of the law, are of a general nature and do not constitute advice in any particular case or circumstance. Members of the public should not seek to rely on anything published in this magazine in court but seek qualified Legal Advice. COVER IMAGE This issue’s cover image is of the Lloyds Building in London.
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New law changes put family mediation centre stage
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Do unmarried couples have any legal rights?
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Surrey Resolution Family Law Day 2014 Management
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Verwood Ford’s co-driver on road to hassle-free IT
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Law firm mergers: pragmatism or ego-fuelled madness?
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Estate administration: the complete package
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Is it time to reach for the cloud?
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SRA Consultation on Solicitors PII
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Breaking some myth’s on how to achieve a successful review... Finance
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Daren O’Toole looks at some of the more innovative investment opportunities now available
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Top Business Leaders Headline Hart Brown Economic Forum Private Client
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Copy Deadlines Summer 2014 Issue Autumn 2014 Issue Winter 2014/15 Issue Spring 2015 Issue
23rd 22nd 21st 20th
May August November February
Employment Law 32
Anyone wishing to advertise in Surrey Lawyer please contact Anna Woodhams before copy deadline. Email:
anna@benhampublishing.com
Tel:
0151 236 4141
Anyone wishing to submit editorial for publication in Surrey Lawyer please contact Sue Seakens, before copy deadline. Email:
sueseakens@surreylawsociety.org.uk
Tel:
01344 860830
Comment from Tamasin Perkins on the appeal court’s decision to uphold farmer Eirian Davies’ claim to her parents’ £7million farm
Advertised legal vacancies rise by a third on 2013 levels, recruiter research shows Education
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Winchester Law: From Strength to Strength
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The University of Law appoints academic leader to role of Provost CPD
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Surrey Law Society SRA Accredited CPD Programme Surrey Lawyer 3
Officers
PRESIDENT
COMMITTEE MEMBERS
LAW SOCIETY COUNCIL MEMBERS
MAREK BEDNARCZYK
WIN CUMMINS
Hart Brown
Mackrell Turner Garrett
DAVID STEED Harold Bell & Co 174 Kingston Road, Ewell KT19 0SD Tel: 0208 393 0231 Fax: 0208 393 0155 Email: ds@haroldbell.co.uk
Resolution House, Riverview,
21-25 Church Street West, Woking, Surrey GU21 6DJ
Walnut Tree Close, Guildford, GU1 4UX
Tel: 01483 755609
DX 2403 Guildford 1
Fax: 01483 755818
Tel: 01483 887704
Email: win.cummins@mtg.uk.net
Fax: 01483 887758 Email: msb@hartbrown.co.uk ELIZABETH EYRE Barlow Robbins LLP Church House, 30 Church Street,
VICE PRESIDENT SUSHILA ABRAHAM
Godalming, Surrey, GU7 1EP
S Abraham Solicitors
DX 58351 Godalming 2
290A Ewell Road, Surbiton KT6 7AQ
Tel: 01483 417121
Tel: 020 8390 0044
Fax: 01483 426836
Email: office@sabrahamsolicitors.co.uk
Email: elizabetheyre@barlowrobbins.com
DEPUTY VICE PRESIDENT
MARK GOUGH
DANIEL CHURCH
Solicitor
TWM Solicitors LLP
22 Woodlands Road, Little Bookham,
123 High Street, Epsom KT19 8AU
Surrey KT23 4HF Tel: 01372 230786
DX 30710 Epsom
JOHN PERRY Palmers Solicitors 89-91 Clarence Street Kingston upon Thames, KT1 1QY DX 31524 Kingston upon Thames Tel: 020 8549 7444 Fax: 020 8547 2117 Email: john.perry@palmerssolicitors.co.uk
CHIEF EXECUTIVE & MAGAZINE EDITOR Sue Seakens Surrey Law Society 18 Station Approach, Virginia Water GU25 4DW Web: www.surreylawsociety.org.uk DX 94652 Virginia Water Tel: 01344 860830 Fax: 01344 428511 Email: sueseakens@surreylawsociety.org.uk
Email: mark@markgoughlaw.com
Tel: 01372 729555 Fax: 01372 742101
SUB COMMITTEES
Email: daniel.church@twmsolicitors.com
QUO VADIS (Strategic Planning) Sushila Abraham (Chair) Nick Ball Marek Bednarczyk Daniel Church Ken Seakens
GLORIA MCDERMOTT 18 Station Approach, Virginia Water GU25 4DW DX 94652 Virginia Water
HON SECRETARY
Email: gloria.mcdermott@virginmedia.com
KIERAN BOWE Russell-Cooke Solicitors Bishops Palace House, Kingston Bridge, Kingston upon Thames, Surrey, KT1 1QN DX 31546 Kingston upon Thames
JULIE ROWE Palmers Solicitors 89-91 Clarence Street
Tel: 020 8541 2041
Kingston upon Thames KT1 1QY
Fax: 020 8541 2009
CONVEYANCING & LAND LAW Win Cummins (Chair) Gary Score* Maralyn Hutchinson* Ken Seakens Matthew Truelove*
DX 31524 Kingston upon Thames
Email: kieran.bowe@russell-cooke.co.uk
Tel: 020 8549 7444 Fax: 020 8547 2117 Email: julie.rowe@palmerssolicitors.co.uk
HON TREASURER NICK BALL Howell Jones Solicitors
KEN SEAKENS
75 Surbiton Road, Kingston upon Thames,
Seakens Solicitors
Surrey, KT1 2AF
18 Station Approach, Virginia Water GU25 4DW
DX: 57715 Surbiton
DX 94650 Virginia Water
Tel (Office): 020 8549 5186
Tel: 01344 843666
Tel (Fax): 020 8549 3383
Fax: 01344 844584
Email: nick.ball@howell-jones.com
Email: ks@kseakens.co.uk
FINANCIAL Nick Ball (Chair) Kieran Bowe Mark Gough Ken Seakens Sushila Abraham SOCIAL Sarah Thomas* (Chair) Daniel Church Gloria McDermott John Perry* Julie Rowe Ken Seakens *Non-Committee Member.
membership details Annual Subscriptions:
£85 per person, per year.
Corporate Subscriptions:
(20+ fee earners) £1,700 per year
Solicitor
(not in private practice) £55
Solicitor
(not practising) £30
Honorary Membership:
free
Associate Membership:
free - no voting rights
4 Surrey Lawyer
To apply for membership please contact: Sue Seakens, Chief Executive Surrey Law Society, 18 Station Approach, Virginia Water GU25 4DW Web: www.surreylawsociety.org.uk DX 94652 Virginia Water Email: sueseakens@surreylawsociety.org.uk Tel: 01344 860830 Fax: 01344 428511
Editorial
President’s Jottings
This is my contribution to the summer issue of our magazine. “Summer” – what a lovely thought although if the weather pundits are to be believed we can expect dry summers punctuated by flash floods! Well, let’s be positive, the dark days of winter have gone and dare I say the green shoots of economic recovery are still on the rise. At our Gala Dinner on the 3rd April 2014 at the Radisson Hotel in Guildford (generously sponsored by Index Property Information) we had a full house with over 140 guests and the mood was positive and people were buoyant especially those in the property field. Andrew Caplen, the next president of the national Law Society, was our guest speaker and both Andrew and I in our speeches sought to highlight the importance of lawyers to society. I do believe that all too often we bow our heads to the constant flow of criticism of our profession and instead we should hold our heads up high and fight back to push the positive view. Lawyers and the law form a crucial element in the foundation of a civilised society. Just consider any country where the rule of law and the position of lawyers are both weak. Miscarriages of justice do sometimes occur even in our country and where you see justice restored you will find lawyers in the vanguard for that fight for justice. We should be proud of our profession. I had great pleasure in meeting some of our members at the President’s Lunch in Kingston on the 29th April 2014 (kindly sponsored by Lloyds Bank). Again the mood
was positive and the conversation flowed and was marked with good humour. It is very clear that the public in Surrey are being well served by decent, hard working and conscientious lawyers. I also enjoyed meeting more SLS members at the President’s Lunch in Guildford on the 3rd June too. Our sponsor for this event was Index Property Information. We are very grateful to both Lloyds Bank and Index Property information for sponsoring these area lunches which helps make them so successful. These events are a great opportunity to get views from our members. We need to know what you think and what you would like the SLS to do for you. Please do continue to give us this feedback whenever possible. We will be pursuing some market research soon to get even more valuable insights which will help us plan for the future. Learning from each other is a great idea and opportunities have come my way to do just that. I attended a number of events in May which proved both pleasurable and informative. On the 9th and 10th of May I attended a two day conference for local law society presidents and secretaries which was held at Chancery Lane. Nearly 50 local law societies were represented so it was good to see that in many ways the SLS was following best practice, but there were some tips and new ideas which I picked up which I will pass on to our committee. On the 16th May I also had the honour of being a guest at the Kent Law Society Annual Dinner. That was a very impressive affair which was very well attended indeed. Kent had the great idea of having “achievement awards” for their members which is an idea that we might look at (imitation being the best form of flattery). On the 17th May I was on HMS Warrior as guest of the Sole Practitioner’s Group. It was also a very well attended dinner and the venue was fantastic! We can indeed learn a lot from our colleagues both in and outside of Surrey. A more intimate, but no less pleasurable gathering also took place in May in the form of the Past President’s Dinner in honour of our former president Mr Kieran Bowe. It was a great opportunity for me to thank Kieran on behalf of the SLS for his work and it was great to see his wife Andrea there too as she has been such a support to Kieran during his year in office. I will finish on a more serious note. In previous jottings I have highlighted some of the issues that represent challenges to our profession. There are many issues of course – legal aid cuts, civil justice reform, mortgage lenders demands, and regulation to mention just a few. Of course, continuing education for lawyers is another issue. On the 21 May 2014 the SRA issued a press release announcing: “A new approach to ensure solicitors remain competent throughout their working lives whilst removing the necessity for them to complete a compulsory 16 hours training a year”. The SRA thinks this will reduce the burden of regulation. Others may think that it replaces a well established, clearly defined regime with something more ephemeral. All firms now need to look at this reform carefully, but in my view the need for good courses providing value for money training (like that provided by SLS) will still be needed in the future. Be positive, be active and have a great summer! n
Surrey Lawyer 5
Editorial
CEO Report Summer 2014
Summer is always a busy time of year for the SLS administration team, and this year is no different. Plans are well underway for our key autumn events, especially the one-day conferences: September 18th for Private Client and October 23rd for Conveyancing & Land Law, both at the Hilton Hotel, Cobham as usual. Also in the planning process is the new CPD programme for 2014-2015. We always start in June each year to ensure that we can bring in the top speakers for you but it is quite a challenge even so. If you have a suggestion for topic, or speaker, we are always keen to hear from Members as we go through the preparations prior to the beginning of the new CPD year in November. As an addition to the usual summer events and meetings we are now in the middle of our Membership Strategy, working in conjunction with Hall Associates to find out what is going well and what not so well in the administration of the Society, and what we could be doing better or differently to meet your needs. I sent an email alert in May alerting all our members to the possibility that Hall Associates may be calling on our behalf as part of this major fact-finding process. Some of you may already have had a chance to pass on
6 Surrey Lawyer
your views and suggestions but with some 1200 members we have some way to go. Of course not everyone will be in the calling sample, so if you would like to share your comments and views with us anyway, we would be pleased to hear from you. I would like to take this opportunity to thank you all for your continued support and commitment despite the very difficult few years that we have recently experienced... and for the most part survived. The current CPD programme (see Page 34) goes into summer recess shortly from midJuly through August but we will be back in full swing from 9th September with Andrew Crawford talking to us about ‘Profitable Conveyancing’. I am aware from speaking to some of you that the market is picking up and business is returning but we are not out of the woods yet, so Andrew will have some wise words to share with us I am sure. His seminar earlier this year, hosted by Property Search Group, was attended by no less than 52 members from Surrey, Hampshire and Sussex. Our 2nd Annual Five-a-Side Football Tournament is now well underway, sponsored by Thesis asset management. All matches have to be played by 29th August and both the semi-final and final will be played on Monday 8th September. So good luck to the eight teams competing. Results and photos will be in our next issue of Surrey Lawyer in the autumn. Special thanks go to Daniel Church from TWM for organising the tournament again this year. The next social event to look out for is a Day Cruise on the River Wey on Saturday 13th September. We meet at Farncombe Boat House at 9.30am and get on board our narrow boat for a 10.00am start. The leisurely return trip will finish back at Farncombe by 5.30pm. There is limited parking nearby. This truly delightful river is one of Surrey’s best kept secrets and on a narrow boat you have all the time in the world to appreciate the landscape and the beauties of nature. Wildlife abounds - you may be lucky enough to see roe deer, mink, kingfishers and a wide variety of birds. Our journey will be from Catteshall Lock, Godalming to the Rowbarge Public House, north of Guildford. We will cruise through woodland and meadows, passing through locks, beneath the ruins of St Catherine’s chapel, Guildford Castle and historic Dapdune Wharf before turning back. The only payment we require is for the boat hire as we are proposing that everyone should bring a picnic to enjoy as we cruise along. The cost for the whole day on the river is £24.00pp but places are extremely limited. These beautiful narrow boats only take 10 people maximum... so early booking is a MUST. Please email us at the admin office as soon as possible to reserve your place aboard the Wey Cruise: sueseakens@surreylawsociety.org.uk. Final booking deadline is 1st July. Have a great summer and we hope to see you in September. n
Sue Seakens, CEO Surrey Law Society.
Local Issues
Immigration lawyer picks up award for giving free legal advice An immigration lawyer from Coventry was presented with the Pro Bono Award by the Chartered Institute of Legal Executives (CILEx) on Wednesday, 4 June at the annual presidential dinner at Christ Church Spitalfields, London. 30-year-old Saria Bashir, partner and Chartered Legal Executive lawyer at BHB Law, received the award for giving free legal advice to foreign prisoners and members of her community on immigration and human rights matters. On winning the award, Saria said: “There’s the sense of personal achievement in assisting people who cannot access legal services. The most rewarding thing about the whole experience is how satisfying it is to provide a solution for the client.” She continued: “Receiving this award is truly an honour and I am humbled. I cannot express the mixture of emotions I have gone through since learning that I am to receive this award as I have overcome so many hurdles to get to where I am.” Saria’s portfolio of pro bono work is extensive and has increased since the Legal Aid cuts to immigration were introduced. On a monthly basis, she visits foreign prisoners at HMP Woodhill in Milton Keynes advising them of their immigration status. She said: “The prisoners have been severely affected by Legal Aid cuts and they have such important factors in their cases which if not argued, will mean they will not receive a fair
trial which infringes upon their human rights.” In addition to her work with prisoners, Saria represents a client who is suffering from a life threatening condition who will not receive adequate medical treatment if they are removed back to their home country. She has also set up Free Legal Clinics at her offices in Coventry to assist those who cannot meet legal fees. Chair of the CILEx Pro Bono Trust, Nick Hanning, said: “As ever, the Pro Bono Award was hotly contested by very impressive nominations any of which would have made worthy winners. Miss Bashir stood out on account of her longstanding and varied pro bono immigration advice and representation and especially her prison clinic work. It is very humbling to hear of her dedication and a privilege to be able to show our appreciation of her work. She is a shining example of the very best attributes of CILEx Members.” Tom Curran, chief executive of Title Research who sponsored the award said: “We are delighted to have been sponsors of the CILEx Pro Bono Award this year and commend Saria for her commitment to justice and access to legal services. Congratulations, Saria.”
Left to right: Tom Curran, chief executive of Title Research; Saria Bashir, Pro Bono Award winner; Nick Hanning, chair of the CILEx Pro Bono Trust. Saria began her legal career as a receptionist at a law firm after leaving school. She is now a partner at her firm, only possible because she was able to qualify as a Chartered Legal Executive lawyer by studying CILEx’s courses whilst working full time. She now hopes to continue her training to become a Chartered Legal Executive Advocate. Title Research will donate £750.00 to a charity of the winner’s choice. Saria has chosen to award the money to Birmingham Children’s Hospital. n
Stats show law graduates choosing alternative route to qualification as lawyer The latest statistics from the Chartered Institute of Legal Executives (CILEx) show that law graduates are continuing to choose this affordable route to become qualified lawyers. The CILEx January 2013 exam results released today show that the CILEx Graduate Fast-track Diploma (GFTD) qualification is proving a viable alternative to the Legal Practice Course (LPC), with nearly 50% more students sitting for this one year qualification. CILEx’s GFTD qualification is the equivalent of the LPC or the Bar Professional Training Course (BPTC) but enables students to become lawyers without undertaking a training contract or pupillage. Instead, these students need to complete three years’ qualifying employment to become a CILEx lawyer, during which time they gain the experience to meet the CILEx Fellowship criteria. It is also very affordable, and typically costs £2,500 including all exam, exemption and membership fees. This will be welcome news to law students who heard this week that the average cost of the BPTC has risen by more than £1,000 in two years with the most expensive passing the £18,000 mark.
William Cason, a trainee at Jackamans Solicitors took the GFTD and said: “It’s a fantastic programme that enabled me to get qualified while I worked and helped me secure my dream career. It was also considerably cheaper than the LPC.” A comparison of applications for the course between October to December 2013 to the same period in 2012 shows a 47% increase in students opting to take this route. University graduates with a law degree or the Graduate Diploma in Law (GDL) conversion course can take CILEx’s graduate route to qualification. Thousands of other CILEx students will also be celebrating this weekend as nearly 4,000 will receive the results of their January exams: 70% of CILEx students will
learn they have passed their Level 3 Professional Diploma in Law and Practice units and 35% of those have attained a distinction. The Level 3 units are set and assessed at A level standard. For the Level 6 Professional Higher Diploma in Law and Practice exams, 56% of students passed their exams, which are set and assessed at honours degree level. Head of qualifications at CILEx, Alison Hollyer, said: “Year upon year, CILEx students continue to demonstrate the flexibility, affordability and accessibility of the route into law that we offer. Our qualifications truly widen access to the legal profession and now with the inclusion of Legal Services Apprenticeships, there has never been a better time to choose CILEx for your route into a career in law.” n
Surrey Lawyer 7
Local Issues
Council Member’s Report June 2014
They’re changing the guard at ..... well just about everywhere, actually. There is a complete change of Senior Personnel at both the Solicitors’ Regulation Authority and the Law Society itself. Anthony Townsend stepped down as Chief Executive of the SRA recently and his successor, Paul Philip, took up the post in February. He was previously the Chief Operating Officer of the General Medical Council. As you might imagine, the Law Society are already in close liaison with him as to the way forward, particularly as Charles Plant has now stepped down as Chair and the appointment procedure for his successor is now under way. Meanwhile at Chancery Lane Des Hudson who has been a dynamic Chief Executive for some 8 years leaves in July, the same month as Nicholas Fluck stands down as President in favour of Andrew Caplen. In addition, Dr. Patricia Greer, the Chief of Corporate Affairs has also left the Society. At first sight this mass exodus looks worrying, but it is in fact just an unfortunate coincidence of Constitutional requirement, retirements at standard ages and in my view gives a golden opportunity to put right some of the problems that we have experienced in recent years. For whatever reason it is common knowledge that the relationship between the Law Society and the SRA has become strained. In many ways this was inevitable because of the way the Constitution is drafted and the newness of many of the arrangements. We are where we are however, and we have a unique chance for everybody to view the relationship afresh and to move forward in a constructive way.
I hope that the new appointments will be announced shortly and that all those concerned will be able to work closely together so that the Profession benefits generally.
the Southern Area Association of Law Societies’ Annual General Meeting. The 7 Local Law Societies and their Council Members debated everything from the Legal Education Training Review to the Accreditation Schemes, Criminal Legal Aid situation and the Presidents’ and Secretaries’ Conference, which certainly this year was deemed to be considerably better than some previous ones have proved.
Have you seen the proposals from the SRA about Professional Indemnity Insurance? Again, they look quite exciting at a preliminary read-through, but if one drills down into the background I have grave concerns. Firstly the proposal to reduce the Compulsory Insurance to £500,000 will no doubt benefit Firms who do not have claims, but two things militate against this being a success for the Profession as a whole.
It is heartening to know that Solicitors from Dorset to Hertfordshire all have the same views and problems with their Practices. The Association shows unanimity between the very large number of Solicitors working in Southern England. Although Local Law Societies are always encouraged to respond to Consultations etc. when they do so in such numbers they cannot fail to have a more significant effect on the outcome.
The vast majority of claims are already well under £500,000 (in fact the majority are less than £20,000) so the amount paid out by the Insurers will not change sufficiently to bring premiums down by the level anticipated.
Meanwhile David Steed and I will continue to keep you up-to-date with events at Chancery Lane. One or both of us attend every Surrey Law Society Meeting and a written report is circulated. Much of the debate at the Law Society Council Meetings must be confidential but we will ensure that as soon as we can share it with the Profession, we will do so and the Profession also has a duty to keep up to speed by reading magazines such as this, the Gazette and the numerous emails that up-date us all as to changes in the Law and the Law Society’s stance on a myriad of different topics.
I can see the Lending Institutions still insisting on £2m. cover which will mean that those doing conveyancing work will in addition have to get their own top-up Insurance to the £2m. -£3m. mark depending upon their own structure. The consultation period was remarkably short and I know that the Local Law Societies have been mobilised to make a reasoned submission to the Consultation but consultations as fundamental as this really need a much more reasonable time in which to consider the proposals. The world generally seems to be speeding up. Sometimes this is counter-productive. As I write this I have just returned from
Please keep in touch. We really do want to hear from you so that we can take your concerns to the Senior Management of the Law Society. No information means that we have no arguments to put, and that is not how we should operate. n John Perry
Legal Practitioners and University Law Students Walk to Support Surrey Law Centre Over 200 people from Surrey’s legal community got out their walking boots and joined the Guildford Legal Walk on 19th May which has so far raised £11,500 for charity. The walk around Guildford is an 8-km circular walk setting off from the County Court and following a route through surrounding countryside. This annual event is a spin-off from the annual London Legal Walk. All money raised goes to the Surrey Law Centre, which provides free legal advice to the most needy and vulnerable in the local community in the areas of Family Law, Housing Law and Community Care Law. Participants in the event also included Judges and teams from local law firms. The walk leaders included Lady Toulson, a Deputy Lieutenant of Surrey, Supreme Court judge Lord Toulson, H.H. Judge Nathan and H.H. Judge Raeside. n
8 Surrey Lawyer
Local Issues
The Heart of Cardiac Care in Surrey Cardiac conditions are still the most common cause of death in the UK, and due to an ageing population; interventional and surgical procedures are becoming increasingly complex. It is therefore paramount that patients receive treatment at a centre of high expertise. St Anthony’s Hospital, Cheam, specialises in cardiac services and offers first-grade care to those needing diagnostic, interventional or surgical procedures. Whether you are young or old, healthy or unhealthy it is important to be aware of the risks and warning signs of heart problems. Genetic conditions and heart rhythm disorders (arrhythmias) can affect individuals of any age, gender or lifestyle, so it is important to develop a good understanding of different disorders and how they can affect your health. Typical symptoms to watch out for range from frequent dizziness, intermittent but persistent (over 10 seconds) awareness of the heart pounding or fluttering. More serious symptoms may include unexplained blackouts and there can be rare but potentially fatal instances of sudden cardiac death, such as that experienced by footballer, Fabrice Muamba. Cardiac arrhythmias are being diagnosed with increasing frequency across the UK, and in years gone by patients had to learn to cope with conditions or take numerous medications to control their symptoms. The associated risks and side-effects from long-
term Warfarin have been widely documented and it is therefore advisable to avoid such treatment where possible. With advances in medical technology, Cardiac Electrophysiology has been developed as a first-line alternative to longterm medical treatment for arrhythmia. The service is now available at St. Anthony’s with the support of experienced Cardiac Physiologists.
What is Electrophysiology? Cardiac Electrophysiology involves the diagnosis and treatment of heart arrhythmias. We use a minimally invasive procedure to measure the electrical activities of your heart. We do this by inserting a catheter via the groin which transmits radio-frequency energy to targeted parts of the heart. Dysfunctional areas of the muscle are either frozen or heated in order to stop and prevent the reoccurrence of heart arrhythmias.
What are the benefits? The advancing field of electrophysiology
offers patients alternatives to daily medication or implantable devices. Some patients can effectively be relieved of their previously debilitating symptoms through a single procedure. However, centres where the service is available remain few and far between, so it may be reassuring to know that the service provided at St. Anthony’s is underpinned by a number of highly experienced consultants who specialise in the treatment of Cardiac Arrhythmia. For any further information or appointments please visit our website (www.stanthonys.org.uk) or contact our outpatient department on: 0208 335 4678/9. n
Surrey Lawyer 9
Local Issues
800th Anniversary Magna Carta Tapestry is designed and embroidered by Surrey-based Rhoda Nevins Rhoda, a member of the Royal School of Needlework, has been commissioned by Runnymede Council to design and embroider a ten panel tapestry to mark the 800th anniversary of the sealing of the Magna Carta. The year of celebration, which started this Easter, will culminate in June 2015 with the Queen heading a flotilla down the Thames to Runnymede where the Magna Carta was sealed by King John. Rhoda has designed the ten panels to depict the spread of law and order throughout England and the rest of the world from 1215 to the present day. Each Magna Carta Trust town will have its own panel, these include Bury St Edmunds, St Albans, Runnymede, the City of London and Canterbury and there will be an additional panel comprising all the shields of the 25 barons who were present at the sealing. The first 5 panels were finished at Easter this year and went on display in Bury St Edmunds, one of the 5 charter towns. The completed panels will be taken around the country to various events taking leading up to the main event that takes place in June 2015. The other panels will depict the Commonwealth and British Empire countries including the USA, Australia and New Zealand, India, Canada and the continent of Africa. Each international panel features significant moments in those countries’ histories including its parliament buildings, with Mahatma Ghandi, George Washington and Nelson Mandela among those featured. Events to celebrate the sealing of the Magna Carta will be held throughout the world this year and next with the US particularly involved in celebrations both here and in the US. The past few years have been busy for Rhoda. She has completed a magnificent piece depicting the skyline of the town of Guildford which was presented to the Town memory of her late husband, a former mayor of Guildford. She also helped to embroider one of the official Olympic quilts which were gifted to each country competing in the 2012 games. She has also recently been presented to the Queen and the Duke of Edinburgh on a visit to Southwark Cathedral as part of the team that embroidered Jubilee vestments for the Bishop of Southwark and his Area Bishops. Rhoda will also feature in an upcoming episode of Channel 4’s “Selling Houses With Amanda Lamb”. For further information about the Magna Carta 800th celebrations see the official website for the celebrations www.magnacarta800th.com n
Peter Curran RIP Peter died on 30th March aged 84 years. He had been taken ill (cancer) only about 3 months earlier. Articled to Reginald Mitchell at Copley Clark in 1960 Peter specialised in conveyancing but he was one of the now almost extinct types of solicitor who became family friends and general advisers. He would often be asked for very general advice; nothing at all to do with law. He
10 Surrey Lawyer
could see the wider picture and was highly regarded. Peter was president of the Mid Surrey Law Society before it amalgamated with the South East Surrey and West Surrey Law Societies to become the Surrey Law Society, formally incorporated in 2001.
He was a keen rugby player at Dorking Rugby Club and Secretary there for years. He also played cricket for Tadworth Cricket Club... he was a keen gardener and kept a beautiful garden. He also keenly supported the RNLI and with his wife Janet raised funds for them. n
Local Issues
Pagoda Opening
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.
Scale new heights this summer, as Kew’s iconic Pagoda is open to visitors for the first time in eight years!
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).
Get your heart racing as you climb the spiral staircase to the top of this 50m-tall, 250-year-old building for breathtaking views across the Gardens and to the London landmarks beyond. Timed tickets to explore the Pagoda can be purchased online or at the gates daily for £3.50 per person. n For more information visit www.kew.org or call us on 020 8332 5655.
Kew the Music KEW THE MUSIC, Kew Gardens glorious series of Summer concerts, returns for its fifth year in 2014 to a brand new part of the Royal Botanic Gardens. Once again these festival-style concerts, which are renowned for their magical laid back atmosphere, feature a fantastic line up of artists with performances by ELVIS COSTELLO, BJÖRN AGAIN, JOOLS HOLLAND AND HIS RHYTHM AND BLUES ORCHESTRA, SIMPLE MINDS and BILL BAILEY. n Visit www.kew.org/music for full events and ticket information.
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). n Content supplied by NFU Mutual Bespoke.
Surrey Lawyer 11
Local Issues
Evening Session at the local Law Centre SLS Member Roger Sceats, who practises in Surbiton, reports on the pro bono evening sessions some solicitors provide. There is to be a disciplinary hearing at work. Or perhaps your landlord won’t release your deposit. Or there is a puzzling court form to be dealt with. What can you do? You may know there was once something called civil legal aid but it has virtually disappeared. You have no money to consult a solicitor and have never been to one. If you are lucky, you will hear that there is the possibility of some free legal advice at a Law Centre. Perhaps you will join the 20 or so anxious people to be found every Tuesday evening waiting for the local solicitors and volunteers who provide pro bono help in the Kingston offices of the CAB, organised by South West London Law Centres (SWLLC). SWLLC, which runs the most pro bono clinics in the country, helps nearly 5,000 such people a year at its 5 centres, which in Surrey are in Croydon and Sutton as well as Kingston. The immediate impression is of a huge unmet need, now that the Green Forms have long gone. Many clients have poor English –perhaps for most it is not their first language - and have no chance of writing a coherent letter, let alone knowing the law. It is almost unthinkable to imagine them acting for themselves if there are proceedings required or under way. Yet something has to be done. Often in no more than 15-20 minutes, one has to understand the situation, give advice and perhaps help in drafting a letter or filling in a form. Sometimes this can achieve a lot, at other times even after a further session or so it is clear much more is needed than these pro bono sessions can provide. But the prospect for SWLLC, with its very few full time employees and limited funds, taking up the case is limited. It may be yet another incompetent litigant in person will have to appear before the harassed district judge. Whatever help the evening client gets is almost always very gratefully received. But the adviser can benefit too: handling a wide range of urgent problems under some pressure can be challenging. In fact, this is surely a type of continuing professional education, but with a very human face. For more information about Pro Bono work see http://www.lawworks.org.uk LawWorks supports lawyers to volunteer their professional skills to assist individuals and community groups who cannot afford to pay for legal help and who are unable to access legal aid or other forms of financial assistance. n
12 Surrey Lawyer
SLS raises funds in 2014 for AvMA - the national charity for patient safety and justice Action against Medical Accidents (‘AvMA’) is proud and grateful to be the charity chosen by Surrey Law Society President, Marek Bednarczyk, to benefit from fundraising this year. AvMA is the national charity for patient safety and justice, but is based in Croydon, Surrey. Lawyers who practise in the field of clinical negligence and medical law will be well aware of AvMA, but for those of you who are not, here is a little information about the charitable work that your generosity will help fund. AvMA is unique in that it provides a much needed source of specialist support and advice to help people cope with the trauma of being affected by a medical accident (an error or omission in healthcare which cases harm). Our free helpline advises around 3,000 people a year, when they are vulnerable and do not know what to do to get the answers they need and deserve. Our trained volunteers and staff advise people of their rights to different forms of investigations and supports them with the process. In more complex and difficult cases such as healthcare related inquests, AvMA itself can provide more intensive casework support. Before our ground-breaking inquest support service, too many families were denied the chance of getting the answers they deserve. A relatively small number wish to turn to litigation to seek compensation, but some are forced to either by their circumstances or because they have not been dealt with openly and honestly. When they do need the services of a lawyer, AvMA is able to refer them to specialist solicitors who can be trusted to provide a good service in this very complex field. Marek is one of that special cohort of solicitors who have been accredited by AvMA as specialists in clinical negligence, and epitomises the qualities we look for. We are also lucky to have several other accredited specialist solicitors and solicitor firms practising in clinical negligence in the Surrey area. The charity has a unique relationship with lawyers who share our ideals and brings together lawyers, health professionals and patient advocates in our pursuit of patient safety & justice. We are the market leaders in providing conferences and training in medico-legal matters. AvMA uses the learning it acquires from supporting thousands of families every year and its relationship with lawyers to inform its policy and campaigning work. This year will see the introduction of a legal ‘Duty of Candour’ – a legal requirement for healthcare providers to be honest about mistakes that cause harm. This is a direct result of AvMA’s campaigning and is a tremendous breakthrough both in terms of patients’ rights and patient safety. Sadly, when things do go wrong in healthcare, it AvMA continuously campaigns vigorously for access to justice and for improvements to patient safety. n For more information visit www.avma.org.uk
Local Issues
Will Aid: Making a positive difference for 25 years In November 2013, 1,500 generous solicitors all over the UK helped raise more than £2.1m in client donations for Will Aid’s 25th anniversary campaign by dedicating their professional time and skills to write Wills for approximately 24,000 clients. Almost 8,000 of these wills have to date been registered for free with Certainty, generating potential follow-up business and ensuring that the will can be found by relatives when it is needed.
understand and identify abuse in an age appropriate way, they will have more courage to speak out earlier and protect themselves and others from the devastating effects of abuse. Shirley Marsland, Will Aid Campaign Manager, says: “Will Aid has made such a real and positive difference to those in need of a hand up over the past 25 years. This would not have been achieved without the generous help of our enthusiastic solicitors and the clients they have helped to make a Will. The Will Aid scheme will run again in November 2014 and, as usual, we welcome any solicitors who would like to take part and show their immediate and the wider community that they care.” n For more information about how to take part, please visit: www.willaid.org.uk/solicitors or phone 0300 0300 013.
Pictured left to right: Suzanna Woodcock (Garside and Hoy), Alison Linwood (Christian Aid), Julia Newland (Partner, Garside and Hoy) In England and Wales alone, 1,100 firms signed up to the scheme and raised a fantastic £1.72m by writing wills for 20,000 clients. Although the number of wills written varies from firm to firm, many solicitors drew up between 80 and 150 Wills. For instance, hard-working and generous solicitors at Clifton Ingram in Reading and Wokingham achieved a fabulous fundraising total of £11,936 by writing more than 100 Wills. The firm has participated in six Will Aid campaigns to date and has written approximately 1,000 Wills for people locally. In total, they have raised a fabulous grand total of over £42,000. On behalf of the team who put in so much effort to Will Aid, Ms Melissa Baxter commented: “Will Aid offers us an excellent opportunity to use our professional skills to generate significant charitable donations and engage with individuals who would not otherwise have come through the door. Will Aid clients receive the same professional service as our fee-paying clients and are pleased with the level of attention and service given.” The charities, ActionAid, Age UK, British Red Cross, Christian Aid, NSPCC, Save the Children, Sightsavers, SCIAF (Scotland) and Trocaire (NI) will put the funds raised to good use working to improve the lives of people who need help most in the UK and all over the world. For example, donations from Will Aid 2014 will go towards the NSPCC ‘Now I Know’ appeal, which aims to raise £20 million by 2016 for the ChildLine Schools Service. This will put ChildLine in every primary school across the UK, with visits once every two years to talk to children about abuse, how to protect themselves and where to get help if they need it. By helping children
Surrey Lawyer 13
Legacies
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. n
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Legacies
The Benefits of Leaving a Legacy A gift left to your loved ones in your Will can make a considerable difference to their lives, as it does to the lives of others when a gift is left to charity. When making a Will, most people want to ensure that there is proper provision for their children, other family members and friends. Gifts to a spouse or civil partner are entirely tax-free and gifts made up to seven years before death may also qualify for exemption. There are also sound financial reasons for leaving charitable legacies, since such gifts are exempt from inheritance tax and can be John Ingram, The Royal Star & deducted from an estate before Garter Homes’ Legacy Manager inheritance tax is calculated. The Royal Star & Garter Homes is a charity that has been providing specialised care and therapy to disabled ex-Service men and women for almost 100 years. The Service community will continue to require high levels of care from the Charity but the nature of this care is evolving. After the First World War, the Charity provided a home for disabled young Service men. Now there is a growing need to provide for older disabled people and those living with dementia. The Charity cares for people like Louis Pengelly-Phillips who served with 48 Commando Royal Marines and was once part of a special unit protecting Winston Churchill. He was also in the first wave ashore on Gold Beach during D-Day. Louis now needs 24-hour specialist nursing care – which is expensive. The Charity receives no government funding so legacies play a vital role in helping the Charity to care for the military family and, in Louis’ case, to enable him to remain independent and to live life to the full.
Where charities are left a residuary legacy, there are also tax benefits in respect of capital gains tax and income tax. Charities are not liable to capital gains tax, so if assets are sold by executors during the course of the administration and a capital gains tax liability arises, this charge can be avoided by appropriating the assets to the charities, and the executors selling them as bare trustees. Normally, the beneficiaries must consent and give their instructions for the disposal of the asset, and if the asset being appropriated is land, appropriation may involve Sections 117-119 of the Charities Act 2011. As charities can also reclaim tax deducted from income arising during the administration of an estate (apart from the tax credit on dividends), it is important to provide charitable beneficiaries with Statements of Estate Income (Form R185). Gifts in Wills to charities therefore do have significant financial benefits for family and friends as well as the charities involved, and they are a wonderful way to make someone’s generosity last beyond their lifetime. n
Louis Pengelly-Phillips, now resident at The Royal Star & Garter Home in Surbiton
With the average price of properties for sale in Surrey being £780,000 it is likely that the estates of many people living in Surrey will be liable to inheritance tax. If a charitable gift to The Royal Star & Garter Homes, or other charities, is included in a Will, it will be deducted from the estate before any inheritance tax is calculated. Consequently, many people can make a substantial gift to a charity they care about without it affecting the value of what they leave to their loved ones. The current inheritance tax threshold is £325,000 for individuals and anything over this is taxed at 40 per cent. This means that if an estate is worth over £325,000, family and friends will only keep £6,000 out of every extra £10,000 that is left to them. Married couples and civil partners are able to transfer any unused allowance to their spouse or civil partner so that they can leave up to £650,000 before inheritance tax is payable. In addition, as of April 2012, if someone leaves 10 per cent or more of their taxable estate to charity, not only will the legacy be deducted before inheritance tax is calculated, the tax rate will be reduced from 40 per cent to 36 per cent. The combination of the charity exemption from inheritance tax and the new relief means that a charitable legacy could now cost just 24 per cent of its value, compared to 60 per cent previously (i.e. £7,600 out of a £10,000 gift). As a result, making charitable legacies is considerably more affordable, as well as being of significant benefit to a cause someone supported during their lifetime. As there are other issues that could affect the level of inheritance tax, The Royal Star & Garter Homes’ Legacy Manager, John Ingram, would always recommend that people consult their solicitor about their particular circumstances.
Surrey Lawyer 15
Property
Distress for arrears of rent Simon Wood, Barrister and Property litigation lawyer at law firm Hart Brown, outlines the effects on landlords, and tenants, of the new regulations concerning rent arrears. As of 6 April 2014 the ancient remedy of distress for rent has been abolished and replaced with a new procedure of commercial rent arrears recovery (CRAR). The new regulations are set out in the Taking Control of Goods Regulations 2013. The new procedure only applies to commercial premises. There is now no procedure for seizing the tenant’s possessions in respect of rent arrears relating to residential properties, which will include mixed-use premises such as a shop with flat above. The only remedy for a residential landlord will be to issue court proceedings. Prior to April 6th, the law and cost structure relating to enforcement by the seizure and sale of goods was complex, unclear and confusing. It was contained in a mixture of numerous statutes, secondary legislation and common law, much of the language of which was archaic. This could result in enforcement agents misrepresenting their legal authority to the detriment of debtors. Nevertheless, landlords had a relatively cheap and straightforward means of persuading recalcitrant tenants to pay their rent arrears. The principal and most controversial difference is that the landlord must now serve the tenant a notice in advance of seizing the goods. This is to give the tenant the opportunity to obtain legal advice and/or to pay the rent. The notice must be given seven clear days before the goods are seized. The notice must be in writing and must contain prescribed information. The landlord can apply for a reduced notice period if there is a risk that the tenant may remove or dispose of the goods, although as yet it is not clear what evidence the court will require. Any application will of course incur further costs for the landlord. The landlord also has to take greater care with respect to the sums for which the new remedy is available. CRAR only applies to rent and so cannot be exercised in respect of sums for service charges and insurance even if they are reserved as rent under the lease. The landlord is also required to take account of the value of any right of set-off or counterclaim.
recovery of rent arrears. One consequence may well be that landlords will take greater security in the form of a rent deposit at the commencement of the tenancy.
Although the new legislation brings some welcome clarity, there is no doubt that it tilts the balance further in the tenants’ favour, introducing a more bureaucratic and costly remedy for the
Background information to the new legislation: http://www.legislation.gov.uk/uksi/2013/1894/pdfs/uksiem_2013 1894_en.pdf n
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Family Law
New law chang family mediatio The crucial role that family mediation can play in divorce and separation cases has moved centre stage with the introduction of the Children and Families Act on 22nd April 2014. Under the new law, if anyone wants to make a court application relating to the vast majority of contested divorces or disputed children or finance cases, mediation will first need to be considered as an option. Checks will now be made at every stage of the court process to ensure that this has happened, right the way through from when one party enquires about making a court application up to the initial hearings when the judges are expected to check that mediation has genuinely been explored whenever appropriate. My hope is that this change will mean that we will finally start to reach the point where all the stakeholders in the family justice system, including the clients and their legal advisors, acknowledge that court should be the last resort for a small minority of cases, with mediation being the first resort for the vast majority of cases. Clearly, for this to happen, individual mediators and the mediation bodies, including the Family Mediators Association and Resolution, in conjunction with the Family Mediation Council, need to ensure that the quality being provided is high and that the mediation process is robust and flexible in ways that suit each particular case.
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Euan Davidson is a trained family mediator and solicitor and runs Godalming Family Mediation. For more information about Euan please visit www.godalmingfamilymediation.co.uk or call 01483 339379.
It is also vital that we get away from the current position where, despite all the dialogue and networking that takes place between mediators and lawyers, there is still often a feeling that these professions are in competition with each other. We need to see an end to solicitors only referring clients to mediation as a last resort, whilst suggesting sometimes very tenuous reasons not to mediate to their clients, and equally we also need to see an end to mediators seeing solicitors as providing a place where clients will have their mediated agreements unravelled at great cost to clients and to the detriment of the mediation process. I believe that there is a tremendous amount of scope for mediators and solicitors to work together, especially when there are complex financial or legal issues being discussed, and it is time for us to search out people from both professions who are willing to work together in the best interests of the clients. Part of this requires us to focus on helping the clients to reach lasting solutions in the most cost-effective way possible. As a mediator, it is incredibly reassuring to know that my clients are receiving legal advice from solicitors who are
Family Law
es put n centre stage supportive of the mediation process and who understand that part of their role is to ensure that their clients remain in the mediation process, with the communication channels staying open, for as long as possible and who respect the need to avoid any unilateral legal action that would potentially undermine the process. This also gives me confidence that, when it is time for solicitors to draft the consent order or any other legal documents, this drafting process will be undertaken in line with what has been proposed by both clients during the mediation, on the basis that any foreseeable issues will have already been raised and resolved during the mediation process. I also realise, as a non-practising family solicitor, that it is vital for solicitors to know that their clients will not be consumed by the mediation abyss and either never surface again or one day return with a mediation document that is poorly prepared, based on insufficient information (including the infamous failure to even discuss pensions) or legally flawed. In order to make sure that these pitfalls are avoided we need to identify mediators and solicitors who are prepared to respect each
other’s roles and who will always openly discuss any potential challenges or barriers to the mediation and legal processes rather than seeing these as the chance to undermine the differing roles. I am hopeful that the recent law changes will mark a step change in the way that mediation is promoted and approached by everyone involved in the family justice system. This is not about forcing people into a room who do not want to be there - which could in some ways be seen as a very apt description of the court process - but about ensuring that people are able to make informed choices about how to approach their divorces and separations, including the clear benefits that a properly conducted mediation process, in parallel with responsible and realistic legal advice, can offer many people. At this early stage of implementation, it is unclear whether the family justice system will be quick to embrace both the spirit and the letter of the new law but I am hopeful that there are many reasons to be optimistic about the role that mediation will play in the coming months and years. n
Surrey Lawyer 19
Family Law
Do unmarried couples have any legal rights? Sharon Powell from law firm Hart Brown looks at the current legal situation
Many people believe that where a couple live together as husband and wife that there exists a “common law marriage” even though they are not actually married. However, contrary to popular belief, cohabitees do not have the same rights in law as a married couple. It is important that such couples are fully aware that on breakdown of their relationship that the division of “family assets” and financial support available may be very different from what they envisaged. Many in and outside the legal profession have expressed the view that the same legal rights available to divorcing couples should be available to cohabitees when they separate. Sharon Powell: Partner, and head of family division at Hart Brown. She is a Resolution Accredited Specialist and qualified in mediation and collaborative family law.
Surrey Resolution Family Law Day 2014 Sandown Race Course 21st May The speakers at this years Family Law Day were described as stellar - and shimmer they did. Our delegates were treated to a day of erudite and expert analysis on current law and thinking together with an insight into the working of the new family Court system and the machinations of the new child support legislation. We departed from the norm in the afternoon by tapping into social networking and its benefit to hard pressed family lawyers For those of us who are not total technophobes the session was fun and informative. A big thank you to all our speakersthe irrepressible Marc Saunderson and David Hodson, the ubiquitous and learned Gavin Smith, 2 entertaining new silks David Williams and Charles Hale, the excellent James Pirrie, and Nicky Krellin networker extraordinaire. There were a few hiccups with the powerpoint presentations but we carried on regardless. Wesleyan supported us and Molton Brown pampered us and we thank them and Sandown for such an excellent venue. Same time, same place, next year so please note May Diaries accordingly! n
20 Surrey Lawyer
So what are those differences and what provision can be made?
The family home Often the largest asset that a couple will have built up together over time is the family home. On divorce, where agreement has not been reached, the family court can be asked to exercise its wide powers to impose a fair and reasonable solution which can include changing the ownership of the property or altering how much each owns in the property. It is not necessary for both parties to have made a monetary contribution to that property. One may have been the breadwinner and the other the homemaker. The same cannot be said for a cohabitating couple and the law on which they must rely is not particularly tailored for their relationship but is complex and based on trust law. An investigation has to be made as to who owns the property and if only owned by one of the couple whether the other has an interest because they have contributed to its purchase, mortgage repayments or repair and improvement. If there has been no such contribution, what the parties said to each other or led the other to believe by their conduct maybe important and what they intended has to be considered. Over the passage of time that may have altered or become blurred. It is not uncommon for one of the couple to find that, despite living together in the same home for many years owned by the other, they have no interest in the property because they made no financial contribution to it and there was no indication from the other that it was a joint property. On separation they must leave without any financial help from the other to re-house.
Maintenance On separation, cohabitees are not able to claim maintenance from each other as in the case of a married couple. If there are
children then whether the couple are married or not the natural parent of those children is obliged to pay maintenance. A cohabitee may be left with very few sources of income, especially if they have the care of children and are unable to work.
Children In addition to maintenance for the children assessed though the Child Maintenance Service where agreement has not been possible, couples whether married or not can seek “top up” maintenance through the family court to cover additional needs of the children. The family court can also make provision of housing to a cohabitee for the children and order one of the cohabitees to provide capital or transfer a house to the other for that purpose if assets are available. However when the children reach 18 it usually follows that capital/home has to be transferred back to the cohabitee who provided such capital.
Other assets Cohabitees are unable to make claims against each other’s pensions when the relationship breaks down or against the others assets.
Tips When embarking on a cohabitating relationship go into such a relationship with full knowledge of the advantages and disadvantages. Consider obtaining some legal advice and exploring the possibility of entering into a cohabitation agreement. Such agreements are able to address not only issues which arise during a relationship, such as who pays for what and whether the non-owning cohabitee can acquire an interest in the family home but can also deal with what should happen if they have children and how assets are then to be dealt with if they separate. Far better to consider such matters now than when the relationship ends and the ability to talk about such matters is far more difficult. n
Management
Flexible working for all? Employers currently have an obligation to consider flexible working for employees with caring responsibilities. The change in normal working hours can be to the number of hours worked, or to the start and end time, or allowing some work to be carried out at home. The definition of ‘carers’ includes parents of school age children, but also those who care for disabled relatives, spouses, or elderly parents. The change from having to consider child care responsibilities to wider considerations has taken place gradually. But the employer is only required to ‘consider’ the request. The employer can reasonably refuse to grant any flexible working request if it would result in a detrimental effect on the business, including incurring additional costs, have a negative impact on the quality of service or performance, an inability to meet customer demands, or result in insufficient work for the new hours the employee wants to work. An employer only has to demonstrate that he has taken the request seriously and met with the employee to discuss the situation and permitted an appeal against that decision, before deciding that part time working is really not appropriate for his particular business. Employers also have to treat every application the same- it would be difficult to justify granting part time flexible working to one employee whilst declining it to another. The obligation to treat all employees’ requests for flexible working has to be taken seriously, not least because of the implications of a refusal. An employee with caring responsibilities may have to resign if he or she cannot fit the employer’s core hours around their other commitments. For this reason legislation sets out a time line, starting with the employee making a written request, an employer arranging a meeting within 28 days of that request, and a decision to be given to the employee within 14 days of that meeting, clearly stating the reasons for any refusal. There is then an opportunity to appeal that decision within a further14 days, and an appeal hearing within another 14 days. Any of these periods can within reason be varied as necessary to accommodate the parties. The procedure is intended to be fair and reasonable. If however an employee feels he has been unfairly treated and believes the employer’s refusal is unreasonable then an application may be made to the Employment Tribunals within 3 months of the date he was told that the appeal had been declined. Disagreement is most likely to arise where an employee considers the reasons for refusal have not been carefully considered. This is especially likely if flexible working has been granted in similar circumstances in the past. There is also the potential for a claim for discrimination: a male carer should be treated the same as a female, and a disabled person’s carer has an expectation that reasonable adjustments should be made. From 30 June 2014 the law will change to extend the right to make flexible working requests to all employees. This extends the right to request flexible working to employees who do not have primary caring responsibilities In future any employee will be able to make a flexible working request. For example relatives who are not the main carers in the family, could also apply for flexible working, and others may prefer to miss the rush hour traffic by stating work an hour later, and perhaps working an hour later. Working from home would accommodate many employees who would otherwise face a long commute, or perhaps ease older employees into a phased retirement. There are also changes to the way in which applications are dealt with. Previously regulations set out a specific method for dealing with requests. These no longer exist. Instead the application has to be dealt with in a “reasonable” manner, and the employee has to receive the decision within 3 months, but this can be extended by agreement between the employer and the employee. The extension can be agreed either before or at the end of the initial 3 month decision period.
There is now no automatic right to an appeal. However the employer can allow an appeal, indeed more than one appeal. Any failure to attend meetings (without good reason) will result in the application being treated as withdrawn. The employer must then write to the employee explaining why the request for flexible working has been withdrawn. An application can be made to an Employment Tribunal within 3 months of receiving the decision, if the employer fails to deal with the request reasonably, or fails to notify the employee within the decision period. (The employer has to consider the same grounds for refusal as previously, ranging from costs burdens, negative impact on customers, quality of service, proposed restructure and work availability). It is recommended that employers provide a flexible working policy setting out the right to request flexible working, and the procedure to be followed when a request is made. Whilst any changes can be viewed as potentially problematic, many employees may find a more relaxed approach to their working hours in the office beneficial. It may suit some employers, whilst others may find it totally impracticable, with negative implications on cost and the provision of a quality service. Providing requests are taken seriously, and a fair process is undertaken, with employers willing to consider flexibility in their approach and the working practices, there is no reason why a new way of working could not result in a more productive and happier work force. n
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Management
Law firm mergers:
pragmatism or ego-fuelled madness? Observers of the UK legal market could be forgiven for wondering if there are any traditional mid-size law firms that aren’t merging with a competitor. Maintaining a CRM system has become a nightmare, with contact databases riddled with out of date email or website addresses, never mind incorrect firm names and mailing addresses. number of gentlemen who may sit around a table and discuss their affairs without raising their voices”. Firms are about their people and prosper through the relationships these people have with each other and their clients. In professional services like no other sector, people buy from people. They also only work happily with people they respect and like sufficiently to continue to do so, even if inevitably it will sometimes be through gritted teeth. Despite all the protestations about building market share, creating synergy, exploiting complimentary skills and other PR-speak uttered by the leadership teams of law firms when they announce merger discussions; the real driver is often a fear of the future as an independent mid-market firm in a rapidly evolving legal market. There is an entirely understandable desire to huddle together penguin-like for financial protection.
Jo Rolls, Partner Opus Restructuring LLP Tel: 020 7268 3333 Email: jo.rolls@opusllp.com Web: www.opusllp.com
Firms are going through an unprecedented period of change as the Jackson reforms bite, as the Mitchell decision makes civil litigation even more of a lottery than before and as the government’s determination to cut the legal aid budget puts the entire criminal justice system at risk. The destabilisation of the legal profession has pushed even that most conservative of bodies, the Criminal Bar into strike action and a direct confrontation with the Ministry of Justice and its reviled leader, Chris Grayling. Another threat is the rapid growth in Alternative Business Structures. This phenomenon has brought a much more commercial approach and a totally different business model to the provision of legal services, threatening the concept of traditional law firms.
In a hectic period of just a few weeks as 2013 morphed into 2014, news emerged of tie ups within the UK between Lawrence Graham/Wragge & Co, CMS Cameron McKenna/Dundas & Wilson, Bond Pearce/Dickinson Dees, Charles Russell/Speechly Bircham, etc, etc; the list goes on and on. Cross border mergers are just as popular, as illustrated by the integration of Dentons SNR (itself a multiple UK merger hybrid), with the major European player Salans and the Canadian firm Fraser Milner Casgrain.
In addition, the decision of HMRC to ignore widespread protests and press on in April with introducing changes to the taxation of fixed profit share, salaried partners in LLPs has stretched the cash flows and working capital resources of many law firms. The speed with which this was done has been deeply unhelpful, giving firms just weeks to put extra funding in place. Worse still it has come at a time when traditional funding sources, such as the clearing banks are becoming even more wary of supporting practices because of the widespread uncertainty in the legal market. Unfortunately, the result of many mergers is savage cuts among support staff, partner fall out, disaffection amongst competing specialist teams, an explosion of internal politics, client uncertainty and considerable ‘blurring’ of well-established legal brands. Huge amounts of time and money are spent on dealing with these outcomes; managers and fee earners alike are distracted by the process.
A survey in February of mid-market law firms in Manchester by the Law Consultancy Network confirmed that 75% had either made or received an approach in the second half of 2013. Presumably the other 25% must have been feeling particularly unloved.
The potential futility of it all is neatly illustrated by a detailed analysis relating to the recent history of major law firm mergers in the US produced by the American Lawyer magazine and published last month in The Economist. Within the list of America’s top 100 firms by revenue, the six which had gone through significant mergers saw their profit per partner fall by 8.2% in 2013. By contrast, the other 94 unmerged firms grew their profit per partner by an average of 2.7% despite a highly competitive market environment.
Is there any hard evidence that these mergers work? Despite all efforts to overlay a corporate culture, the inescapable reality is that with the exception of the very largest practices, law firms are still fundamentally collegiate. It is well worth noting the justification given to Parliament during the passage of what eventually became the Partnership Act 1890 for the original upper limit of 20 persons who could be partners: “it is the maximum
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There is absolutely nothing wrong with the theory of bringing together major professional services businesses and there have been some notable success stories, especially for accounting firms. Equally, bolt-on acquisitions of much smaller rivals create relatively little internal or external turbulence. But the suspicion is that perhaps some law firms may be inherently less commercial, or else they have had greater difficulty moving from the traditional collegiate business model to a modern corporate approach. The question is if mergers involve so much downside risk, where exactly are the rewards if staff suffer and partner profit shares fall? Creative destruction is all well and good, but it should surely be financially productive too. Otherwise legal mergers are little more than flexing of egos in pursuit of professional pipe dreams with potentially fatal financial consequences. n
Management
Estate administration: the complete package When it comes to estate administration, it is vital to ensure that nothing is overlooked. By handling each case thoroughly and with meticulous attention to detail, our services are designed to help you minimise your risks, maximise the value of the estate and achieve high levels of client satisfaction. When potential case information such as a family tree has been submitted by family and friends of the deceased, it is important to check that the information you have been given is correct. Checking it is essential, and this will avoid any mistakes further down the line when the estate is being distributed. It is important to determine whether or not there are any gaps and/or inconsistencies which may require more extensive research. As part of the Free Research Assessment, for each potential referral, we look at the current family tree as it stands and assess whether or not it is complete and accurate.
Nil Rate Band Document Service It is possible to transfer any unused portion of a predeceased spouse or civil partner’s inheritance tax threshold known as the ‘Nil Rate Band’. To prove the transferability of this Nil Rate Band allowance, the following documentation is necessary: the predeceased partner’s death certificate, the predeceased partner’s probate (or a statement that none was found) and/or the couple’s marriage certificate.
Property Management Services In many cases, the most valuable asset of an estate is the property and as always when dealing with property there is a great deal to think about. Whether you are dealing with just one property or a complex portfolio, probate valuations, empty property insurance and property management & security can become complex, so why not leave it to us?
Probate Insurance It is important to protect yourself and your firm and speed up the estate administration process. It is always advisable to take out Missing Will Insurance when a valid Will is located on an estate believed to be an intestacy, or a more recent valid Will is found on a testate estate, after distribution. We can also arrange Missing Beneficiary Insurance, so that if an unknown beneficiary comes forward after the estate has been distributed, you will be protected.
Missing beneficiaries When dealing with an estate, you will often find the need to locate missing heirs either in the UK or overseas. Each case is unique so it is important that you have the opportunity to choose from different fee options. We have an in-house team of Case Managers and Researchers, alongside a worldwide network of agents to undertake overseas research. n To find out how we can help, call 020 7832 1430 or email legal@fraserandfraser.co.uk.
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Management
Is it time
to reach for the cloud? Technology is everywhere, even for those operating in the legal and accountancy profession! If you still have not heard about cloud products, it’s time to pay attention because it is changing the world of IT infrastructure, and particularly accountancy, forever. But what is “the cloud” exactly? And how can it help businesses run more effectively?
The cloud revolution has increasingly grown, with more businesses than ever benefitting from advantages available from new technology. From bank accounts to file sharing, the chances are your practice, or the clients you act for, already have an element of cloud-based activity, but businesses are also discovering the benefits of outsourcing various elements using a cloud based product. Cloud products are common in today’s online world. Technically it is just another term for “a space” – an area of the internet which is assigned for the use of a particular person, or product and this is where data is stored. It’s just like a personal virtual storage room. This is becoming a much more convenient way to access your data, especially in this day and age, when the number of mobile workers around the globe is predicted to increase by around 1.3 billion – that’s 37.2%. When you take these figures into account it’s hardly surprising that the demand for accessing data on the move has grown. The facts speak for themselves and the figures are there to support them. According to a recent survey by O2, 91% of respondents said they were seeking additional business agility and 83% of those respondents said the reason for the need for flexibility was down to targeting cost savings. At Wilkins Kennedy we have seen a shift in demand from both accountants and clients in the way in which data is stored. We wanted to offer clients the convenience of a cloud service, whilst at the same time maintaining the levels of security in terms of data access and data storage. By using online accounting, small business owners can stay connected to their data and their accountants.
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As a by-product of the recession, business owners have been compelled to adopt inexpensive and more efficient solutions, and those who invested in cloud products are benefitting from their businesses working smarter and faster. This has also enabled a better overview of finances, meaning more time could be spent focusing on the business. In this instance every “cloud” may have a silver lining! n
Management
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.” 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.
The SRA have introduced 5 proposals regarding potential changes to the minimum terms and conditions; 1 2 3 4 5
Reduce the mandatory PI cover to GBP 500,000 Introduce an aggregate limit on claims Require compulsory cover only for claims by individuals, small and medium-sized enterprises, trusts and charities Reduce run off cover to a minimum of 3 years Require firms to assess the level of cover appropriate to their firm beyond the minimum
Whilst these are just proposals, we should consider their potential impact from an insurance perspective on the two key aims; pricing and consumer protection. 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
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 nonpayment 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. n
Surrey Lawyer 27
Management
Breaking some myths 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
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eliminate the uncompetitive 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 they 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. n
Finance
Daren O’Toole, director at HFS Milbourne, looks at some of the more innovative investment opportunities now available Industry sources estimated that there would be 30% fewer IFAs around post RDR. Whilst I cannot vouch for the accuracy of these figures, I can safely say that as a business we are seeing an increase in the number of clients coming to us seeking investment advice without an IFA to call on because their previous advisor has ‘shut up shop’. As we begin the process of talking to new clients we are seeing some common themes running through their financial state of affairs. It is not unusual to find clients with several pension plans operating in complete isolation, with funds invested at various levels of risk without any consistency or financial plan in place. A key concern is that without a structured approach, clients have no idea what their retirement will look like in terms of their finances. This is a high risk strategy for anyone to adopt.
Daren O’Toole, director, HFS Milbourne 01483 468888 www.hfsmilbourne.co.uk
It is clear that some clients would have appreciated different advice on how best to manage their investments. For example, a couple of years ago investment bonds were a popular choice with some IFAs. Quick and easy to set up, and simple to operate from a tax point of view, a £200k investment would give an average return of 5%, or 4% after tax. However had that sum been invested in a tax free unit trust ISA instead the client would have benefited from an additional 0.7% return on their investment. On an investment of £100,000 that equates to a difference of £700 a year. A client’s attitude to risk and capacity for loss can change over time, especially in the run up to retirement. It is important to gauge a clients’ ability to deal with any changes to their circumstances or the market and to understand how someone might cope with a potential decrease in the value of their investment. These assessments should form part of the routine review process and need to be undertaken before any fund selection is made. In addition to the more usual investment routes which should make up the basis of a portfolio, there are plenty of innovative options around which may be appropriate for clients who have an average to above average risk profile.
For those clients who are willing to commit to locking their money away for up to a six year term, there are some very attractive structured products around at the moment. I am referring to’ kick out’ plans which can be linked to the UK, US and /or European markets. They work on the basis of the markets reaching a predetermined level within a given timescale. For the first two years the investment lies dormant, then as soon as the markets reach or exceed its original starting level, the investor will receive their money back plus, for example, 10% for each year the cash has been invested. If the money stays invested for the maximum six year term and pays out, the investor could receive an impressive 60% return. If the markets do not reach the target level within the term, the investor receives their original capital back. If market levels are significantly below their starting point in 6 years’ time, the client could start to lose some of their capital. In our experience a pay-out is usually made within 2 to 3 years, although that is naturally never guaranteed. A recent client and his wife both had £30k invested in such a FTSE 100 linked product. On an initial investment of £60k they have just received a total pay-out of £72,600, a return of 21% within two years. Very nice thank you! RDR has created a perfect opportunity for investors to ‘spring clean’ their finances. The objective is to make sure clients are ‘appropriately invested’ with a mixed portfolio of investments aligned to their level of risk that maximise any possible return whilst minimising tax liabilities. n
HFS Milbourne Financial Services is authorised and regulated by the FSA, and specialises in wealth management; pensions; finance on divorce; employee benefits and corporate financial planning. For further information, please visit www.hfsmilbourne.co.uk or call 01483 468888.
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Finance
Top Business Leaders Headline Hart Brown Economic Forum Economic forecasters indicating a growth in the UK economy during 2014 According to recent predictions by The International Monetary Fund (IMF) the UK economy will be the fastest-growing in the G7 during 2014 with a growth of 2.9% in 2014, and a growth of 2.5% in 2015.This has been partly due to easier credit conditions and increased confidence. But it cautions that the recovery has been unbalanced, with business investment and exports still disappointing. Similarly, The National Institute of Economic and Social Research (NIESR) claims that UK growth in the first part of 2014 has been “robust”, and estimated that UK output grew by 0.9% in the three months ending in March. Nevertheless, NIESR also believes that the UK economic recovery was “in its infancy” and that it did not expect the Bank of England to raise interest rates until the middle of 2015. The Office for Budget Responsibility (OBR) paints a similar picture of the UK economy, and despite forecasting a 2.7% growth, has concerns about the nature of that growth. Consumer spending, fuelled by weaker saving, drove much of the recent upturn, while productivity growth and growth in earnings had remained “disappointing”. Despite the government’s push for several years to boost exports, the OBR expects net trade to be lacklustre for years to come. In the workplace, there is similar reserved optimism. Many smaller businesses are looking to create jobs, with UK job creation at its highest rate in months. However, there is an increasing risk of a skills shortage which could impact growth, and although wages are expected to rise in 2014, real wages are not expected to reach their pre-recession peak until 2017.
Mark Berrisford-Smith
But business investment is on the rise. The improved economic outlook, together with low borrowing costs is securing business investment, which will help businesses to export more, build more and manufacture more. Securing a private sector-led recovery is essential to delivering longterm sustainable growth in the UK. So with fewer economic risks, should businesses be focusing on growth, taking opportunities and investing more? Are businesses really seeing a change in the economy? Will the South East continue to grow faster than the rest of the country?
Justin Urquhart Stewart
To help make sense of the various messages emanating from politicians and economists, law firm Hart Brown will hold their 10th Annual Economic Forum, on Tuesday 24th June at the University of Surrey, which will see leading economists and business figures discussing their perceptions on the state of the economy. The panel of speakers will comprise Mark BerrisfordSmith, Chief Economist of HSBC, Justin Urquhart Stewart, Co-founder & Marketing Director, Seven Investment Management, and Adrian White CBE, Executive Chairman and Founder of Biwater. There will be opportunities for delegates to ask questions of the speakers, on topics relating to the economy in the South East of England, and how businesses here should plan ahead.
The Economic Forum is support by Guildford Borough Council and The University of Surrey. If you would like to attend the Hart Brown Annual Economic Forum please register online at http://www.economic-forum.co.uk or by calling Hart Brown on 01483 887766. The event is free to attend but registration is essential. n
“We are often told by attendees that the Hart Brown Economic Forum is one of Nigel Maud the major business networking events held in Surrey,” commented Nigel Maud? Chief Operating Officer at Hart Brown who will be hosting the evening. “With over 400 expected delegates, it provides a unique opportunity for the business leaders in our area to come together in an informal setting, and to listen to the views of some of the top commentators on the economy and business.”
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Private Client
Comment from Tamasin Perkins, Senior Associate at Charles Russell LLP on the appeal court’s decision to uphold farmer Eirian Davies’ claim to her parents’ £7million farm Tamasin Perkins, Senior Associate at Charles Russell LLP said: “The Court of Appeal’s decision this week in Tegwyn Davies will come as a shock to families working together in farming or other business. Parents may be surprised to find that their child might already own an interest in their property or business based on promises they have made to that child - and even where they have paid their child a salary for working for the business.
• Year-on-year rise in aggregate level of vacancies posted to leading job boards • Quarterly volume of advertised legal positions also grows by 7% The volume of legal jobs advertised in the first quarter of 2014 has grown by over one-third compared to the same period in 2013, according to new research. The figures are drawn from the European Jobs Index, a research tool created by specialist recruiter Robert Walters that tracks job volumes across industry-leading job boards.
Eirian Davies
“Eirian Davies is a farmer who for many years worked on her parents’ pedigree dairy farm in the belief that she would inherit it. After relations soured between them, Eirian issued proceedings against her parents. The Court of Appeal this week described the case as a “tragic” one, but upheld a decision that Eirian had established a share in her parents’ £7 million farm under proprietary estoppel. “Tegwyn Davies v Davies is the latest in a line of cases where the Courts have decreed it equitable for someone to have an interest in the family farm. The test for proprietary estoppel traditionally involves promises or representations made to a person who then relies on these promises by acting to their detriment. Each case is approached holistically; the Court’s focus is on preventing the unconscionable (i.e. avoiding an inequitable result). The Court will look minutely at each person’s words and conduct, particularly where taciturn farmers are involved. “The case suggests that the bar for establishing estoppel may be low. Eirian’s parents gave no exact promises to their daughter instead they made sweeping statements that one day the farm would be hers. The Court also took a broad approach to detrimental reliance: although Eirian received board and lodging and later a small salary for her work on the farm, she could have earned more elsewhere. The Court looked at Eirian’s lifestyle generally and decided she could have had a better lifestyle elsewhere, where she would not have had to put up with the long hours required on the farm or the difficulties of working with her parents. The Court found that in the circumstances the “just” result was to award Eirian an interest in the farm.” n
Tamasin Perkins is a Senior Associate at Charles Russell LLP 5 Fleet Place, London EC4M 7RD DX: 19 London/Chancery Lane Tel: +44 (0)20 7203 5000 Email: enquiries@charlesrussell.co.uk
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Advertised legal vacancies rise by a third on 2013 levels, recruiter research shows
Rather than being concentrated in one region, rises have been recorded across key markets including London, the Midlands and North West of England. In a further sign of demand, the number of advertised positions in law also increased by 7% between the final quarter of 2013 and the first three months of 2014. Furthermore, by comparing movement across the last two consecutive quarters, the Index shows that more new vacancies were created in law than in accounting (where vacancies were up 4%), IT (down 6%) and oil & gas (down 8%).
Colin Loth, Director of Legal Recruitment at Robert Walters, comments: “This increase in legal hires is being driven by a number of key macroeconomic influences, with the healing economy, greater access to debt financing and a returning appetite for corporate dealmaking all having an impact.
Colin Loth
“Further opportunities for lawyers and legal professionals are predicted to emerge as the economic recovery continues. We encourage hiring managers to implement efficient recruiting processes to avoid the risk of incurring shortages in headcount.” n
To request further information or comment on the Robert Walters European Job Index, please contact: Giles Thomas Tel: +44 (0)20 7509 8087 Email: giles.thomas@robertwalters.com
Education
Winchester Law: From Strength to Strength The law department at the University of Winchester which launched in 2008 is continuing to go from strength to strength. Undergraduate students have been particularly successful in a host of national and international skills-based competitions. Marion Oswald, Head of the Centre, has recently conducted research into attitudes to the sharing of personal data with public sector bodies: ‘On the face of it, our results show that people are comfortable with personal data being used for altruistic or public purposes, but using the term ‘sharing’ appears to reduce comfort levels significantly. To increase levels of trust, public bodies could consider avoiding use of the term ‘sharing’ (which in many cases will be an inaccurate description) and concentrating on making clear the reasons for disclosure and the corresponding reasons for obtaining data (reflecting the way that much of the law in this area is expressed)’.
Left to right: students Rebecca Clarke and Amy Gallagher In 2013 they were winners of the National Client Interviewing Competition and were highly placed in the subsequent International Client Interviewing Competition which took place in Glasgow. The also won the 5th UK National Mediation Competition. This year the Law Department has already won the INADR outstanding new mediation program. Head of Law, Helen James, said “we are extremely proud of our students, they compete against some longest established university law teams in the country. This really highlights the value of the skill embedded within our law programmes”. Building on this success the department launched its new Centre for Information Rights in September 2012. The launch event was attended by a capacity audience of lawyers, academics, local businesses and public sector representatives. It was chaired by Jos Creese, CIO of Hampshire County Council and featured a keynote speech by Victoria Cetinkaya, Senior Policy Officer from the Information Commissioner’s Office who said: “The Information Commissioner’s Office is the authoritative arbiter of information rights. We therefore welcome the University’s work to raise awareness and understanding of this important subject matter, which increasingly impacts on all of our lives.”
The Centre is now to host The Winchester Conference on Trust, Risk Information and the Law on 29 April 2014. The conference, which is accredited for solicitors’ CPD, aims to explore the way that information is used and shared in today’s society, the challenges of the assessment of risk, the impact on privacy, the law’s response and the way that a multi-disciplinary approach can facilitate solutions. Matthew Reed, Chief Executive of the Children’s Society, will open the conference with a plenary address on the role of trust and information in assessing risk and protecting the vulnerable. Norman Fenton, Professor of Risk
Left to right: Simon Stokes of Blake Lapthorne Solicitors, Marion Oswald, Josh Creese of Hampshire County Council, Victoria Cetinkaya of the Information Commissioner's Office. Information Management at Queen Mary University, will provide a keynote speech on improving probability and risk assessment in the law. The final plenary session will include discussion of anonymisation of personal data, led by a panel of experts in the statistical, computer science, technology and legal fields. Topics for the breakout sessions include open data, trust & transparency, data linking, forensic and genetic information and multi-agency information sharing. In September 2014 the Department is delighted to launch two new LLM programmes, one in Intellectual Property and Information Rights and the other in Medical Law and Ethics. Designed to appeal to students seeking to combine work with high level study, both will be delivered by subject expert academics and practitioners on a part-time basis, through a combination of Friday/Saturday face to face tutorials, spaced across two academic years and supported by online materials and independent study.
Since its launch the Centre has become increasingly active in research, consultancy and training in the area of information rights. In April 2013 the Centre ran a seminar exploring datasharing and the vulnerable. This continues to be hugely topical in the wake of a number of serious case reviews, Operation Yew Tree and inquiries into the activities of a number of Healthcare Trusts, such as the Francis Report into Mid-Staffordshire NHS Foundation Trust. Speakers included, Jerry Brady of Dorset Children’s Services who spoke about the challenges and the necessity of data-sharing between agencies in order to facilitate child protection. Helen James, an expert in medical and mental health law, spoke whistleblowing in the NHS and the desperate need for a radical shift in the pervading culture of secrecy.
Helen James commented “2014 is set to be a most exciting year for all involved with the law department here at the University of Winchester – I am extremely pleased and proud to be a part of such a dynamic team”. n Conference bookings can be made at http://store.winchester.ac.uk. Inquiries should be addressed to marion.oswald@winchester.ac.uk. For further information about either of the LLM programmes contact marion.oswald@winchester.ac.uk or helen.james@winchester.ac.uk.
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Education
The University of Law appoints academic leader to role of Provost The University of Law (ULaw) is pleased to announce the appointment of Professor Andrea Nollent to the post of Provost. Educated at the universities of Dundee and Durham, Andrea began her university career with Sheffield Hallam University where she rose to become Head of the Law School and Assistant Dean of Faculty. Since 2010, Andrea has been the Dean of Nottingham Law School at Nottingham Trent University – one of the largest full-service Law schools in the country. Andrea’s career has focussed on the development of innovative academic and professional courses, securing growth (in both domestic and international markets) and enhancing the quality of the student experience. During her tenure at Nottingham Law School she has grown student enrolments, forged new international partnerships and delivered a significant improvement in student satisfaction. She is a fluent French speaker and is Visiting Professor at leading European universities. Her research expertise is in the internationalisation of legal education and comparative legal education. Professor Nollent will take up her post at ULaw with effect from 1st September 2014. n For further information about the University please visit www.law.ac.uk
Surrey Law Society SRA Accredited CPD Programme for 2014 July Thursday 3rd Essential Guide to Building Regulations for Conveyancers Richard Snape Tuesday 15th Will Drafting Problems & Pitfalls John Thurston
September Tuesday 9th Profitable Conveyancing Andrew Crawford Wednesday 24th Topical Issues in Financial Remedy Proceedings Anne Hudd & Nicholas Allen
October Wednesday 1st Business & Marketing Plans for Law Firms Vaughan Gordon Wednesday 8th Cross Border Estates: spouses and civil partners Richard Frimston Wednesday 15th Hot Topic: tbc The courses listed above are all half-day courses from 2.00pm to 5.15pm at Denbies Wine Estate in Dorking and carry 3 hours SRA Accredited CPD points.
Course Fees: £126.00 inc VAT (members) or £252.00 inc VAT (non-members)
Season Ticket: £100.80 inc VAT for bookings of 4 courses/delegates paid in advance Course fees include all costs for delegate packs, refreshments and on-site parking and must be paid in advance. Please check the Terms & Conditions on our website www.surreylawsociety.org.uk/terms before booking.
PRIVATE CLIENT CONFERENCE – THURSDAY, 18TH SEPTEMBER 2014 CONVEYANCING & LAND LAW CONFERENCE – THURSDAY, 23RD OCTOBER 2014 For further information about these events please visit our website www.surreylawsociety.org.uk or contact Sue Seakens on 01344 860830 or sueseakens@surreylawsociety.org.uk. n
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