Summer 2015
The BILL of
Middlesex Official journal of the Middlesex Law Society
Cyber Security (cover story)
Inside this issue: › AGM 2015 › Focus on Probate › New MDX Legal Advice Centre
View our new website: www.thameswater-propertysearches.co.uk/BOM
introduction
PUBLISHER Ian Fletcher Benham Publishing Limited 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
Contents 5 17
ADVERTISING AND FEATURES EDITOR Anna Woodhams DESIGN AND PRODUCTION MANAGER Neil Lloyd ACCOUNTS DIRECTOR Joanne Casey MEDIA No. 1401 EDITOR Sundeep Bhatia PUBLISHED May 2015 – © Bill of Middlesex - 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.
5 8 22
Benham Publishing cannot be held responsible for any inaccuracies in web or email links supplied to us. DISCLAIMER The Middlesex 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.
32
Members of the public should not seek to rely on anything published in this magazine in court but seek qualified Legal Advice. COVER INFORMATION The cover image from: © WIKIMEDIA COMMONS
Copy Deadlines 2015/16 Autumn Winter Spring Summer
23rd July 2015 23rd October 2015 23rd January 2016 21st April 2016
Anyone wishing to advertise or submit editorial for publication in the Bill of Middlesex please contact Anna Woodhams, before copy deadline.
Email: anna@benhampublishing.com Tel: 0151 236 4141
13
34
5
INTRODUCTION
22 PROBATE
6
LOCAL NEWS
28 PROFESSIONAL PRACTICE
11 PROFESSIONAL ISSUES
32 FILM AND THE LAW
15 INFORMATION TECHNOLOGY
33 BOOK REVIEWS
17 CYBER SECURITY The Bill of Middlesex 3
officers COMMITTEE MEMBERS
PAST PRESIDENTS
Sundeep Bhatia of Beaumonde Law Practice
R Garrod, J A S Nicholls, R C Politeyan, J Aylett,
Audit House, 260 Field End Road, Eastcote HA4 9LT
K Goodacre, H J B Cockshutt, W Gillham, L Lane Heardman,
(020 8868 1614)
D Grove, L A Darke, C Beety, Mrs L E Vickers, H Hodge,
e-mail: sundeep.bhatia@beaumonde-law.co.uk
E G B Taylor, A A M Wheatley, A H Kurtz, M J S Doran,
Nirmala Chandrasena of Chands Solicitors
A Bates, J J Copeman-Hill, D B Kennett-Brown,
OFFICERS FOR 2015/2016
H B Matthissen, G Parkinson, HHJ R D Connor,
President:
145 Cannonbury Avenue, Pinner, Middx HA5 1TR
S B Hammett, Miss F A Shakespear, HHJ P E Copley,
GURMEET KHARAUD
(020 8933 8332) (DX 48001 Rayners Lane)
A M Harvey, H R Hodge, G R Stephenson, B S Regler,
Fort & Co. Solicitors
e-mail: n.chandrasena@btinternet.com
Saunders House, 52-53 The Mall, Ealing W5 3TA (01753 691224) (DX 5119 Ealing) e-mail: gk@fortsolicitors.com Vice Presidents: ALAN WILLIAMS 59 St Marys Road, Ealing W5 5RG
W J C Berry, AS Atchison, L M Oliver, S W Booth, D D P Debidin, R E J Hansom, E H Lock, Mrs A Taylor, Mrs
Professor Malcolm Davies Head of Ealing Law School University of West London St. Marys Road, Ealing W 5RF (020 8231 2226) e-mail: malcolm.davies@tvu.ac.uk
N Desor, Ms M Hutchinson, M Guyer, R S Drepaul, A Sriharan, Ms M Fernandes, A Darlington, S Chhokar, Ms M Crowley, Professor M Davies, S Hobbs, Mrs R Sriharan, Mrs S Scott Hunt, D Webb.
(07973 622312) e-mail: creativewit@tiscali.co.uk
Hardeep Dhillon of Desor & Co, 768 Uxbridge Road, Hayes, UB4 0RU
Honorary Secretary
(020 8569 0708) (DX 44657 Hayes 1 Middlesex)
MAURICE GUYER
e-mail: hardeep@desorandco.co.uk
SOCIAL PROGRAMME 2015-16 Annual Dinner Dance on 25 September 2015 Past Presidents Dinner - TBA
Vickers & Co. 183 Uxbridge Road, Ealing W13 9AA (020 8579 2559) (DX 5104 Ealing) e-mail: mguyer@vickers-solicitors.co.uk Honorary Treasurer: LAURA VIRCAN Desor & Co.
Stephen Hodgson Lecturer in Law, Ealing Law School University of West London St Marys Road, Ealing W5 5RF (020 8231 2406) e-mail: stephen.hodgson@uwl.ac.uk
768 Uxbridge Road, Hayes, UB4 0RU (020 8569 0708) (DX 44657 Hayes 1 Middlesex)
Maralyn Hutchinson of Kagan Moss
e-mail: laura@desorandco.co.uk
22 The Causeway, Teddington, Middx TW11 0HF (020 8977 6633) (DX 35250 Teddington)
Honorary Social Secretary:
e-mail: maralyn.hutchinson@kaganmoss.co.uk
COMMITTEE MEETINGS 2015 15 June 20 July 21 September 19 October 16 November 2016 18 January 15 February
ALAN WILLIAMS 59 St Marys Road, Ealing W5 5RG
Fahmy Mohamed of Vincent Solicitors
(07973 622312)
11-13 South Road, Southall, UB1 1SU
e-mail: creativewit@tiscali.co.uk
(020 8574 0666) e-mail: fahmy@vincentsolicitors.com
AGM Wednesday 15 March 2016
Honorary Membership Secretary: SUSAN SCOTT-HUNT Principal Lecturer in Law, Middlesex University The Burroughs, Hendon NW4 4BT (020 8411 6019) e-mail: s.scott-hunt@mdx.ac.uk
Ariya Sriharan of Sriharans 223 The Broadway, Southall UB1 1ND
PARLIAMENTARY LIAISON
(020 8843 9974) (DX 119583 Southall 3)
Michael Garson
e-mail: info@sriharanssolicitors.co.uk
Council Members for the Middlesex Area:
Renuka Sriharan of Sriharans
Central & South Middlesex
223 The Broadway, Southall UB1 1ND
Michael Garson
(020 8843 9974) (DX 119583 Southall 3)
Kagan Moss
e-mail: info@sriharanssolicitors.co.uk
22 The Causeway, Teddington TW11 0HF (020 8977 6633) (DX 35250 Teddington)
Elisabeth van der Weit of Hameed & Co.
e-mail: michael.garson@kaganmoss.co.uk
4 Grand Parade, Forty Avenue, Wembley Park, HA9 9JS (020 8904 4900)
North Middlesex Michael Singleton
e-mail: hameed@hameed.plus.com
Singletons Austin Ryder 2 Crossfield Chambers, Gladbeck Way, Enfield EN2 7HT
Darrell Webb
(020 8367 0387) (DX 90604 Enfield)
Lyndales Solicitors
e-mail: michael.singleton@singletonsuk.com
Lynton House, 7-12 Tavistock Square, London WC1H 9LT (020 7391 1000) (DX: 122014 Tavistock Sq.2)
The Law Society Greater London Regional Office,
e-mail: Darrell@lyndales.co.uk
The Law Society, 113 Chancery Lane, London WC2A 1PL
Alexis Ash of Iliffes Booth Bennett Solicitors
(020 7316 5554) (DX 56 London/Chancery Lane)
Capital Court, 30 Windsor Street, Uxbridge UB8 1AB
Regional Manager: Mark Hudson
(08456 381 381) (DX 45105 Uxbridge)
e-mail: mark.hudson@lawsociety.org.uk
e-mail: alexis.ash@ibblaw.co.uk
4 The Bill of Middlesex
www.middlesex-law.co.uk
introduction
President’s Review I was recently re-elected as President of the Middlesex Law Society at our AGM in April. This second term of office allows me to implement further reforms and to bring the Society up-to-date. To this end we shall be reviewing the Society’s website and will be updating its look and features so that is easily accessible. We have some new young blood on the committee and it is always a delight to see the enthusiasm and fresh ideas which they bring to the Society. Long may that continue. I shall be attending our first Southern Area Association of Law Societies meeting in June and the Magna Carta celebrations which are being held by the Surrey Law Society at the Runnymede Hotel. Tables are still
available, I understand, if members/ guests wish to attend. This brings me onto our President’s Law Society dinner. This year we have booked the Polish Club in South Kensington. The event will be held on the 25th of September and will be a black tie dinner dance. A flyer will be sent to our members shortly. In the meantime please mark the date in your diaries. I trust you will be able to attend and help make it a successful evening. Contrary to popular belief it is your Society. The last year, as President, has made me appreciate that there are people out there who care about what happens to us. It may seem as though we are a toothless tiger. However our committee
members give up their free time to ensure that our voice is heard concerning the issues which affect us all. Please support your Society. Kind Regards,
GURMEET KHARAUD President, Middlesex Law Society e-mail: gk@fortsolicitors.com
HELLO AND WELCOME TO THE LATEST EDITION OF THE BILL OF MIDDLESEX I have always felt that the Bill has been a proud shop window for the extraordinary work which your local Law Society carries out. It has been a privilege to write for the Bill in the past and I have now been given the honour of editing this issue. In the future I would also like the Bill to reflect the good work carried out by Law firms and Solicitors throughout our region.
I would also like to announce that the Society now has a Twitter account. The address of the account is @Middlesexlawsoc If you would like us to retweet your news and views then please add the account name to your tweets. This is your Law Society, your Magazine and your twitter account.
SUNDEEP BHATIA Beaumonde Law Practice
This can only be done with your support. If you have any news on your firm, which you would like to share, then please send your article, together with pictures, to Sundeep.bhatia@beaumonde-law.co.uk.
Law Society Council Member for Minority Lawyers Middlesex Law Society committee member
The Bill of Middlesex 5
local news
Council Members Report April 2015 The last year on the Law Society Council has been dominated by a number of big issues all of which remain to be resolved. The Council has led the fightback (so far unsuccessful) against the government on the criminal legal aid contract. The level of success achieved with practitioner associations cannot yet be fully assessed though any new government may be minded to look again at whether the changes proposed in the current 2015 contract tender can deliver value in the medium or long term. The headline savings that government achieves from the legal aid budget undoubtedly increases cost in other less visible budgets such as health and welfare.
T
here is no sign of these changes being reversed and yet they sit most uneasily with the rhetoric of the Magna Carta anniversary. Magna Carta events are highlighting the importance to basic freedoms afforded through access to justice and equality of the parties who come to courts for justice - at the very time when barriers are raised in terms of cost and access. There is clear inequity and this is compounded by the most recent announcement for substantial increase in fees payable to the court. The removal of lawyers from the courts simply promotes other forms of dispute resolution that may, or may not be appropriate, depending upon each case and encourages alternative forums overseas for international matters. The Council of the Law Society has been very focused on the needs of solicitors in fighting to retain market leadership and determined in its campaigns on court fees and in support of other practitioner associations. Regulation of the profession is a major part of the Council’s remit as it is the body authorised to be responsible for the regulatory functions carried out by the SRA. Those functions are carried out independently without interference but at the cost of profession. Monitoring the efficiency and effectiveness of the regulator and how it spends the profession’s money is a major continuing priority. The rate of SRA expenditure and the Practice Certificate fee has been held steady despite a heavy capital investment programme. With a new SRA chair and chief executive in place we are working hard to encourage further red tape initiatives to tackle key issues that remain. The cost of regulation is nebulous but universally recognised among smaller firms as high and the potential risk from SRA intrusion is felt to be onerous. The SRA say that they wish to address these issues and a paper on regulatory reform is awaited. On 16 April the SRA announced a range of measures with some benefiting 1-4 partner firms to reduce the bureaucracy around aspects of regulating COLPS and COFAs. There are other proposals that challenge some basic features of practice such as the suggestion of outsourcing client account. There is no evidence to back these proposals and they lead to many questions and a range
6 The Bill of Middlesex
of new risks that do not appear to be addressed in the SRA’s very limited impact assessment. Of immediate relevance and importance are the continuing efforts to alter the SRA’s initial statement om withdrawing from the role of regulating consumer credit activities. This would affect many firms and add significant new expense. Some progress has been made through lobbying the FCA. One result is that new statutory instruments are taking out of scope certain activities. This may alleviate the prospective changes but those changes remain unacceptable as they open the profession up to dual regulation and ever higher costs. If no result is achieved shortly then many firms will be forced to apply to the FCA for recognition before the October deadline. All this follows SRA’s surprise initiative a year ago to reduce mandatory levels of cover for professional indemnity cover and run off protection. The proposals will not return in the current year but we can expect the profession to be engaged further in a consultation process to review all aspects of financial protection. This will start from a position that our regulator will not keep any restrictions that are wider than it can justify when promoting the regulatory objective of increasing competition in the provision of services. Lesser priority appears to be given to the objective of protecting the client. The profession’s current protection arrangements are for the benefit of clients and the profession as a whole especially where a claim arises many years after a firm has closed or a solicitor retired. There is a stream of brave new ideas which still threaten professional ethos as the LSB continues to lobby for economic growth of legal services and seeks removal of the separate business rule in all parts of the market including for in house lawyers. Two years after it started in 2011 the Legal Education & Training review reported in June 2013 and since then the SRA Education and Training Review has been underway but the end is not yet in sight. There is relatively little to object to in the published ‘competency statement’ but how the assessment of competence is to be made remains an unanswered question. It seems beyond argument that standards for entry into the profession and the standards of excellence in
the profession must be paramount. As the government influence over the regulation of the profession grows and the SRA succumbs to the LSB by lowering its standards it brings closer a mass qualification administered by a ‘vanilla’ regulator rather than a legal profession identified by high entry standards, knowledge expertise and integrity. Our new Law Society chief executive Catherine Dixon is establishing a new team and undertaking a full review of all services provided by Chancery Lane for its members. A plan is to be brought to the Council later this year. Meantime I have been involved in the VEYO project of interest to conveyancers. Despite marketing awards this is short of positive comment in the press mainly because the full details of the system have not been demonstrated. We are engaged in testing the system NOW before it is released. I am pleased that Council continues its support as the project is a next step in the development of the concept behind CQS and has been at the heart of an ongoing discussion with property lawyers since the days of the home information pack and the failed Land Registry project in e-conveyancing and chain matrix. Following substantial investment of money and time along with a reputable technology partner the first stage development is now coming to fruition and we can expect to see the launch of a system that has the potential to change the way in which (initially) residential conveyancing work is carried out. Finally wee would do well to remind ourselves and our clients in the anniversary year of Magna Carta that respect for the rule of law is what has held our society together but that at least two core principles are being eroded. They are that - no one shall be stripped of their rights or deprived of liberty without a lawful judgement of equals s or the law of the land and that no one will sell deny or delay access to justice. Solicitors work at the heart of making the justice system and that makes saving the profession a worthy purpose for us all to which end we should all resolve to make renewed effort. Michael Garson Council Member Michael.garson@perpro.org
local news
Training for tomorrow CPD in brief WHERE HAS IT GONE? - THE CHANGES ARE THAT FROM OCTOBER 2014 SRA CEASED TO ACCREDIT TRAINING AND PROVIDERS AND THERE IS NO NEED TO UNDERTAKE ACCREDITED CPD AT ALL AFTER 1 NOVEMBER 2016. THERE IS NO REQUIREMENT TO TAKE STAGE 1 MANAGEMENT COURSE. From 1 April 2015 CPD is replaced by a requirement of ‘continuing competence’ and if you do not opt into the new approach now then you are still required to undertake 16 hours CPD activity (accredited or not) until 31 October 2016. There is SRA guidance in terms of employer and employee and your COLP will need to reconfigure how to approach the question of compliance.
Why - SRA give their reasons as: • need to focus on the effectiveness of training; • giving more flexibility and choice in the training firms and individuals feel is appropriate; • reducing the burden of regulation
What is required No strict requirement to undertake hours of training but a need to ‘reflect on your practice by reference to the Competence Statement’ and identify and record learning and development needs. Then undertake learning and development activity to address the needs and record and evaluate your learning and development activity. You will need to make an annual declaration. No form of declaration or methods of assessment are yet published.
What is there to do? No need to pro rata CPD where you change over to new system mid way through a year. To identify learning and development needs you are asked to reflect on your practice and address any identified. It is expected that you to discuss the plan with your employer, and consider how you can continue to deliver a proper standard of service. SRA suggest that ‘reflection’ means creating opportunities to step back from your practice to consider: • How you think you are performing • What you think you have learned from your experience • What you might do differently in the future. You can reflect on your practice at a 'transactional' level (i.e. reflecting on the work that you are currently doing or have recently completed), or a more general level (e.g. considering your work generally or a particular type of job you do often).
This is to help you identify something that is happening or happened during your work that you: • Think you've done well (and which demonstrates your ongoing competence as a lawyer), or • You think you could have done better (and which, having reflected on it, you know how to go about doing better next time), or • You think you could have done better (but which, having reflected on it, you are not sure how to go about doing better next time or that you cannot put right without some work on your own or some external help). Note: In this example, you have identified a 'development need'. This approach is applicable to your skills (technical and soft) and your knowledge. You can keep your skills and knowledge up to date through a number of ways.
When to reflect? SRA expect you to regularly reflect on your practice and you should dedicate time to do this. You can capture identified learning and development needs in a Development Record. Scheduled reflection implies you reviewing your Development Plan and Development Record. SRA suggest there are a number of ways to identify your learning and development needs. You may find it helpful to talk with a colleague, manager, client or someone external to your organisation who knows you and your work and can help you obtain an objective view on any learning and development needs you identify.
are concerned, complying with the Competence Statement is one requirement of providing a proper standard of service in accordance with Principle 5 and is an important tool in helping maintain ongoing competence. The Competence Statement is a generic document, and you will need to apply it to your particular practice area, level of experience and individual role. Employers may want to consider how the content of the Competence Statement aligns with internal competence frameworks, performance development frameworks, appraisal systems and any structured organisational training plans. There should be an alignment between the Competence Statement and the content of your performance development framework, appraisal system or training plan. Where gaps are identified, you may want to consider how you reflect the Competence Statement. More at: http://www.sra.org.uk/solicitors/cpd/solici tors.page Michael Garson Council Member Michael.garson@perpro.org
Appraisal or performance development reviews Many organisations have performance development reviews. These outline the level of performance you are expected to deliver or the objectives you are expected to achieve during a defined period of time. Performance development reviews offer you an opportunity to help you identify whether you have any learning and development needs. You may be appraised annually, perhaps with a mid-year review, and this provides an opportunity for scheduled reflection. The SRA Competence Statement defines what you must be able to do to deliver a proper standard of service. So far as solicitors
The Bill of Middlesex 7
local news
AGM 2015 THE ANNUAL GENERAL MEETING OF THE MIDDLESEX LAW SOCIETY TOOK PLACE AT THE DRAYTON COURT HOTEL ON TUESDAY 21ST APRIL.
W
e were pleased to see Past President Alured Darlington who has just published his Legal Aid memoirs, (an extract of which can be found elsewhere in this issue).
increase in civil court fees, in March 2015, are already apparent. There is a marked decrease in claims against institutions and a marked increase in class claims.
Gurmeet Khuraud was appointed as President for another year.
Robert made an impassioned plea, on behalf of the Law Society, for more evidence of the effect of all these changes.
Michael Garson, Law Society Council Member for Middlesex, gave a Council Members report covering, amongst other things, Education and training reforms and the frequently fractious relationship between the Solicitors Regulation Authority and The Law Society. Our guest of Honour was the current Deputy Vice President of The Law Society of England and Wales, Robert Bourne. He revealed that he had been a criminal defence practitioner for five years at the start of his legal career. This was news to Michael Garson and myself (I am one of the Law Society Council Members for Minority Lawyers).
Robert also commented on how he felt that the Law Society should now take back responsibility for Education and Training from the SRA. A spokesman from the Law Society also commented on developing trends in civil litigation. He revealed that the Law Society would be undertaking a review of the effect of the increase in Court fees. He commented on guideline hourly rates and the fact that they had not increased since 2010. Robert Locke an esteemed local solicitor then spoke.
Robert was the first speaker in a discussion on civil Legal Aid.
He stated that there were now fewer Law firms but that they were more specialist.
Robert was concerned about the diminution in Access to Justice as a result of Legal Aid cuts.
He chastised The Law Society for failing to emphasise the importance of Legal Aid.
He proclaimed that Access to Justice needed to be preserved.
He commented on how the astronomical increase in Court fees would see foreign legal claims disappearing from these shores.
He commented on the introduction of Employment Tribunal Fees and how they had caused an 80% reduction in the number of claims at the tribunal. This represented damage to Access to Justice because ÂŁ250 is a lot of money for an individual to spend in court fees when they have just been made redundant. The results of the astronomical
8 The Bill of Middlesex
In his opinion there was a deliberate attempt to drive work out of the Courts and to run down the Court system. The evening finished with a plea from The Law Society for practitioners to answer web surveys.
local news
Celebrating Brilliance
by Mark Hudson
ON 22 OCTOBER, WE'LL BE CELEBRATING SOME OF THE VERY BEST WORK IN THE LEGAL PROFESSION AT THE LAW SOCIETY EXCELLENCE AWARDS 2015. Each year, something different catches our eye.
recognising excellence in technology, as well as private client practice.
Remarkable individuals - which lawyers have made the greatest personal contribution to the profession in the past year? We have seven specific categories which celebrate the achievements of individuals, including the new award for Human Rights Lawyer of the Year.
Law firms and individual lawyers alike will have the opportunity to shine, as our expert judging panel reveals its decisions in the most prestigious awards ceremony of the year.
Exceptional firms - can you identify the law firms that have made a real impact over the last 12 months? For the first time, we're
Nominations are now open in a range of different categories, so if you know of a colleague or a firm deserving of recognition, you need to complete our online form by 5 June at the latest.
Entry details are available on the Law Society website (www.lawsociety.org.uk), or contact me if you want to discuss further - it would be fantastic to see entries from Middlesex solicitors! Mark Hudson Law Society Greater London Regional Manager mark.hudson@lawsociety.org.uk 07794 335818 @LSGreaterLondon
Middlesex Law Society (est. 1959)
A P P L I C AT I O N
for
MEMBERSHIP
Surname _______________________________________________________________________________________________________________ Mr / Mrs / Miss / Ms Forenames _______________________________________________________________________________________________________________________________ Name of Firm or Organisation ______________________________________________________________________________________________________________ Postal Address or DX no: __________________________________________________________________________________________________________________ Telephone ________________________________________________________________________________________________________________________________ Email ____________________________________________________________________________________________________________________________________ Status & Area of Work _______________________________________________ Date of Admission _____________________________________________________ Would you be interested in joining the Committee?
Yes/No
I wish to apply for FULL/FIRM/ACADEMIC/ASSOCIATE/STUDENT (YMG) membership of the Society (see below for details) I enclose herewith my cheque for £ _________ for the current year, made payable to "Middlesex Law Society" Signature ____________________________________________________________ Date _______________________________________________________________ Subscription Rates: £50.00 per annum (more than 3 years admission) Full Individual Membership: £30.00 per annum (less than 3 years admission) Partners/Solicitors 2-5 £125 per annum 6-10 £250 per annum more than 10 £500 per annum Firm Membership: £200 per annum Academic Law Departments: £15.00 per annum (Trainee Solicitors, ILEX members, Paralegals) Associate Membership: £5 per annum (Young Members Group) Students: Please return completed form and remittance to: The Membership Secretary, Middlesex Law Society, Susan Scott-Hunt, Middlesex University, The Burroughs, Hendon NW4 4BT
Tel: 020 8411 6019 e-mail: s.scott-hunt@mdx.ac.uk
The Bill of Middlesex 9
local news Pictured: Husniye Sera Ustek-Bazen
The New MDX Legal Advice Centre THE SCHOOL OF LAW AT MIDDLESEX UNIVERSITY HAS OPENED A NEW PRO BONO LEGAL SERVICE. THE MDX LEGAL ADVICE CENTRE, WHICH BEGAN SEEING CLIENTS IN NOVEMBER 2014, IS LED BY SOLICITOR HUSNIYE SERA USTEK-BAZEN, A GRADUATE OF THE SCHOOL OF LAW AND PRINCIPAL OF STS SOLICITORS IN HENDON. The MDX Legal Advice Centre offers one-toone confidential advice on a number of legal areas, including housing, welfare and benefits, family, children, domestic violence, wills and probate, debt and bankruptcy, and employment. The services of the Centre are open to both residents of the London Borough of Barnet and members of Middlesex University. A team of Middlesex University law students, who have received training to work in the Legal Advice Centre, operate a system for making appointments and conduct initial interviews with clients before they meet with the Centre’s lawyer for appointments of up to half and hour. During the current academic year the Centre has operated weekly during teaching weeks (only) on Friday afternoons between 2 and 4 p.m. Conveniently for members of the public, it is housed on the ground floor of College House in a suite of offices adjacent to the university’s main College Building on its Hendon Campus. There no ‘drop-in’ service currently, but appointments can be booked by emailing MDXLac@mdx.ac.uk or telephoning phone 02084113416. The opening of the Centre was celebrated by a reception hosted by the School of Law’s Clinical Legal Education Team and attended by law students, academic staff and School of Law Dean, Professor Joshua Castellino. Susan Scott Hunt, Associate Professor, Director of the school’s Clinical Legal Education Programme and a Past President of Middlesex Law Society joined guest of honour, the Mayor of Barnet, Councillor Hugh Rayner in cutting a ribbon to mark the official opening of the Centre. Dean Castellino noted, "This is a real attempt to serve the local community in a meaningful way and we have a stellar cast of people behind the Centre." Dr Scott Hunt praised the generosity of Mrs Ustek-Basen in stepping forward to head the Centre, stating “Husniye has substantial experience of pro bono legal work, as well as of managing a
10 The Bill of Middlesex
growing local practice and, with her Middlesex University connection, is the ideal person to take this initiative forward”.
local area. "Middlesex University facilitates and teaches its students to use their knowledge for the good of their community," Mr Stoll said. "Students like myself and Malack are able to make a positive impact on the community by improving the lives of people who may be most vulnerable and in need of legal advice." It is hope that, with the assistance of other local solicitors, likely to include MLS members, the School of Law may be able to expand the service offered by MDX Legal Advice Centre.
At the start, two third year LLB students, Joseph Stoll and Malack Marwan assisted Mrs Ustek Basen in setting up appropriate protocols and operating systems for the Centre and then beginning to accept requests for appointments. Since November, MDX Legal Advice Centre has assisted about sixty clients, about 60% from the university and 40% from the local publicfrom the university and the surrounding area. Perhaps not surprisingly, the bulk of issues being brought to the Centre include landlord and tenant issues, but there are also many Barnes Roffe is one of the UK’s top 50 general land law accountancy firms providing audit and assurance, consulting, financial advisory, issues and family law risk management and tax services to owner issues.
Clever Accountants for Business
Some weeks have been more fully booked than others, but the Centre has found it helpful to take on additional support from law students. Since November up ten second and third year LLB students have operated a rota to support the work of the Centre. Mr Stoll and Ms Marwan say that, as well as gaining invaluable work experience, they are proud to be serving those in need in the
managed businesses across the South East of England.
We offer top class technical advice to our clients and take a really “hands on” approach in dealing with our clients’ needs. Our backbone of strong professional accounting and tax partners go out of their way to regularly meet all their clients, no matter how large or small. By maintaining this close contact, we can really get involved in our clients’ businesses and make suggestions which are relevant to their individual circumstances and aspirations. We believe this personal approach is key to ensuring that we are able to provide a proactive and creative accountancy, audit and tax service led by our most experienced people.
3 Brook Business Centre, Cowley Mill Road, Uxbridge, Middlesex, UB8 2FX
Telephone: 01895 256423 Fax: 01895 274107
www.barnesroffe.com
professional issues
WINE OF THE SEASON with Conal Gregory, Master of Wine
South Australia has succeeded in making a stylish Chardonnay to compete with some of the finest Burgundies. Shaw & Smith’s M3 Chardonnay is made from lowyielding vines in the Adelaide Hills. With partial wild yeasts and barrel fermentation, it drinks gloriously with fish like seabass. Appealing lemony aromas and long length of flavour, the 2013 will repay keeping five years. £24.99 (Liberty Wines).
Atlantico Sur Tannat
Basque settlers from Madiran introduced the Tannat vine to Uruguay in 1870. The country’s moderate, Atlantic-influenced climate is in total contrast with neighbouring Argentina. From the new, slightly inland area of Sierra de Mahoma comes a rich, dense and velvety example made by Familia Deicas Atlantico. Aged for six months in barrel, the 2013 Reserva can be enjoyed now but even more so over the next three to four years. Great with lamb. £12.50 (IEC Wine Society).
Sponsored by NFU Mutual Bespoke, high-value home insurance tailored to protect everything you value, including art, antiques, fine wine and more. Visit www.nfumutual.co.uk/bespoke for further information.
The Bill of Middlesex 11
professional issues
HELP! I HAVE CLIENTS INVESTED IN A TAX SCHEME WHAT DO I DO? The war on tax avoidance These are tough times for those who have sought to minimise their tax bills. Politicians have denounced ‘tax avoidance,’ often mixing up the term with ‘tax evasion’ which is illegal and means something very different! The Finance Act 2014 has also brought fresh misery to taxpayers in the form of Follower Notices (“FNs”) and Accelerated Payment Notices (“APN’s”).
What is a follower notice and how does it work? HMRC may now give a follower notice to any taxpayer a) who has a tax enquiry or tax appeal ongoing and b) who has entered into a tax mitigation structure of any sort provided that a court or Tribunal has given a ruling similar to the ‘relevant to the chosen arrangements.’ The time limit for the issue of the FN is broadly 12 months from the date of the judicial ruling in question. A ‘judicial ruling’ is a ruling of any court or tribunal including the First-tier Tax Tribunal and the bad news is that the test of when a judicial ruling is ‘relevant’ is whether in HMRC’s opinion it is relevant. And there is no right of appeal! All the taxpayer can do is make representations against the issue of an FN, within 90 days from the date they received the notice. HMRC must consider the representations and either confirm, amend or withdraw the FN, and notify the taxpayer accordingly. There is no time period specified by which HMRC must make their decision. It gets worse. Where a FN has been issued and not withdrawn, a taxpayer will be liable to pay a penalty if he does not to take the ‘necessary corrective action’ by amending the return or claim or settling the appeal to counteract the tax advantage in issue. The penalty is 50% of the value of the denied advantage, subject to a reduction to a minimum of 10% for co-operation, which includes taking the necessary corrective action. (In contrast to the issue of an FN, there is at least a right of appeal to the Tribunal against both the decision that the penalty is payable and the amount of the penalty).
What is an APN and how does it work? Accelerated Payment Notices (“APN’s”) can be given by HMRC where there’s a tax enquiry or appeal in progress and either a) a follower notice has been issued to the taxpayer; or b) the arrangements are covered by DOTAS; or c) the arrangements are being challenged by HMRC under the GAAR (the new general anti-tax avoidance legislation). Once an enquiry is opened or an appeal is made, there is no specific time limit for HMRC to issue an APN.
12 The Bill of Middlesex
The amount of the APN is broadly the amount of additional tax that would otherwise have been paid if the arrangements had not been entered into and again the bad news is that, as for FN’s, there is no right of appeal although a taxpayer served with an APN may make representations against the issue of the APN. HMRC must consider the representations, and then either confirm, amend or withdraw the notice. Once an APN has been given (and not withdrawn), the accelerated payment must be paid to HMRC within a stipulated time period. And if the amount due is not paid there are penalties on top!
Challenging the legislation Can anything be done? Firstly, if you are sent an FN or APN you should take immediate advice. It may be, that your adviser can negotiate an extended period for you to pay the APN if you do not wish to challenge it. Or there may be representations that can be made to HMRC against the issue of the FN or APN. For those who wish to argue, all is not lost. The above legislation bestows enormous powers on HMRC which must be operated properly and according the laws of natural justice. Judicial review is a process by which the courts review the lawfulness of a decision or action taken by a public body. In judicial review proceedings a court will decide whether a public body has acted in accordance with its legal obligations and if not, can declare a decision taken by it invalid. The following are some of the reasons where a challenge could occur: • The decision is irrational; • The procedure followed by the public body is unfair or biased; • The decision taken is in breach of the Human Rights Act; • The decision taken is in breach of European Community Law; • The public body takes into account irrelevant factors when making a
decision or fails to take into account relevant factors; • The public body makes a decision which is so unreasonable as to be perverse or irrational. Challenges may also potentially be made to the legislation itself; for example it is possible that the lack of the right of appeal against an FN or an APN breaches human rights or European Law principles. However, actions for judicial review have strict time limits so if you are served with an FN or APN we would repeat our earlier point. Take immediate advice! STEVEN VALLERY, Business Development Director S4 Financial Ltd. Contact: 0127634932 JONATHAN LEVY, Managing Partner Levy and Levy Contact: 0208 958 9700
professional issues
Extracts from the...
The Rise and Fall of Legal Aid
by Alured Darlington
“I truly hope this book is published - there was a time when everybody was entitled to be represented and put forward their defence, innocent until proved guilty. Without legal aid to give clients the representation everyone deserves, what will become of our society? I honestly dread to think. This book will be a reminder of the ‘good old days’ and an insight to young ones into the legal aid system as it was and how it should remain” Foreward by Jean Brathwaite, Legal Secretary Chapter One
Why write this book? The answer lies in the fact that it appears I am one of a dying breed. The legal aid scheme came into force shortly after the war and probably reached its peak in the second half of the last century. Since then it has been slowly run down by Government cuts and is now only a shadow of what it used to be. The latest initiatives of Justice Secretary Christopher Grayling threaten its very existence to the extent that one wonders whether he understands what a legal aid solicitor actually does. This book is intended to cure that deficiency coupled with some observations as to how the existing system might be improved. Not only does the practitioner have to face actual cuts but the Legal Aid Agency appears to have difficulty in making prompt payment for work done. The latest Chief Executive has worked very hard to speed up the processes with some success but the problem is that the rules are so complex and their own staff cuts so severe that they cannot always properly consider claims that can make all the difference to a firm’s survival. The Legal Aid Agency is also kept to a very tight budget so it does try to reduce the larger claims - at times ignoring judicial authority to the contrary. Only a firm with very deep pockets or cross subsidisation from other forms of work can survive this. I have only been able to do so I because I now work from home and so have no rent to pay. Yet this should not be because I hope this short book will show that legal aid work can be a powerful force for good. It is also the truest arbiter of what makes a really civilised country where all its citizens can live securely. I have been very privileged in the type of client I was able to serve but all legal aid lawyers are engaged in maintaining the balance between the State and those it seeks to control and the existence of legal aid lawyers is vital. The savings that can be made from ensuring that people who should not be in prison are not sent there must be considerable and
obvious as the cost of maintaining each prisoner runs to tens of thousands of pounds per year. But the cost of preventing or correcting injustice must be incalculable not only to its victim but to the society in which such injustice takes place. An injustice anywhere is a threat to injustice everywhere. As Winston Churchill said the touchstone of a civilised society is how it treats its most vulnerable citizens. It has also been well said that the only condition for the survival of evil is when good people do nothing. Mr Grayling must step back and stop undermining the very people who are dedicated to preventing injustice. It has been estimated that even before the latest rate cut that any litigator fee work exceeding 5 hours would mean the case was no longer profitable. Some firms have taken this literally with exhortations not to exceed this amount of time in preparation. Two of the cases referred to in this book, (Laurence F and Shanika Y), which I took to appeal demonstrate that if the necessary and proper amount of preparation time had been taken then there would have been acquittals at the original trials. Both of these defendants had been convicted at their original trials and received substantial terms of imprisonment. The defendants were lucky in that flaws were found in the original trial process so they were given a second chance. Mr Grayling must understand that only full, fair and prompt payment for litigation work will ensure that such miscarriages of justice will not recur. What the case of Laurence and Shanika clearly show is that if case preparation is limited to about five hours, as may have happened in their first trials, then the client is likely to lose as in fact occurred in both cases, On the other hand, as will be explained later, if such cases are properly prepared then the reverse is likely to occur as happened in their second trials.
sensible and reasonable. But there should either be an option to individually tax, (assess), cases as complex as Lawrence and Shanika or the fixed fees should be raised. They certainly should not be lowered. I have only successfully appealed three of such cases of wrongful conviction. What I most respectfully ask Mr Grayling to consider is how many other people are in our prisons who should not be there and can he please take the necessary action to endure this does not happen again? It can only be described as a matter of profound regret that there are currently in place Government revised plans to change the rules on granting permission for Judicial Review which is one way in which wrongful convictions can sometimes be challenged. I should also add that obtaining legal aid in the first place has now become a bureaucratic nightmare with forms with dozens of questions to be answered and queries raised in respect of them. A colleague told me that he supplied an application form in respect of a homeless man whose only means of support was handouts from a local church. ‘How much was received from the church?’ was the question that had to be answered before legal aid could be considered. Sometimes the work involved in obtaining legal aid, and then being paid for it, exceeds the amount of work involved in actually doing the case.
The introduction of fixed fees to cut down paper work on the basis that the simple cases will subsidise the difficult ones is
...other pages will be published in forthcoming the Bill of Middlesex or if you can’t wait, go online: http://issuu.com/benham/docs/the_rise_and_fall_of_legal_aid The Bill of Middlesex 13
professional issues
MONEY LAUNDERING & PROPERTY FRAUD KEY POINTS FOR FINANCE AND ACCOUNTS TEAMS by Trevor Hellawell
MONEY LAUNDERING INVOLVES CHANNELLING CRIMINAL FUNDS INTO LEGITIMATE LEGAL TRANSACTIONS. MORTGAGE AND PROPERTY FRAUD INVOLVES LEGITIMATE FUNDS BEING USED IN CRIMINAL TRANSACTIONS. All members of a law firm need to be able to spot unusual aspects to a transaction, or a client and to report matters that alert suspicion. For Accounts teams, the key Money Laundering issues are as follows:
Key criminal offences: - Receiving criminal funds into Clients account (s 329, Proceeds of Crime Act 2002) - Retaining criminal funds in Client account (s329, Proceeds of Crime Act 2002) - Transferring criminal funds as part of a transaction (s 327, Proceeds of Crime Act 2002) - Not reporting information that suggests that someone is money laundering (s 330, Proceeds of Crime Act 2002) - Receiving and retaining funds where there is no work being done for a client (Rule 14.5 SRA Accounts Rules)
Do please note that you can usually only be convicted of an offence if you have reason to be suspicious; if everything appears to be OK, you can assume it is. However, if anything unusual arises, you would be expected to spot it and query it.
What to look for: There is no definitive list of things to look for but the following would be sufficient to raise an initial concern: - Funds arriving in client account from unknown or unexpected sources (foreign banks, banks other than the ones you thought the funds were coming from) - Funds arriving where no client work is being undertaken (no file number) - Funds arriving from third parties other than the named client (relatives and friends) - Requests to move funds at short notice or unusual times - Requests to send funds other than to the client or expected third party - Requests made direct by client (rather than via fee-earner teams).
Other matters to consider:
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Our specialisation includes Reports on Solicitors Accounts Rules. Our office on Ritz Parade, London W5 3RA, next to “Premier Inn London” is situated adjacent to the Hanger Lane and Park Royal Underground Tube Stations and is well placed for London and its surrounding environs. Call: Arvind Joshi FCA, CTA, DChA Tel: 020 8932 1932 Fax: 020 8932 0122 arvind@levyandpartners.com www.levyandpartners.com
14 The Bill of Middlesex
Whilst third parties can obtain such information if they really want to, one should not disclose Client bank account details unnecessarily (in order to prevent unwanted funds transfers).
General steps to protect the Finance team: Ideally, Finance should be informed of • who the client is, • the value of the funds expected during a matter, • the source of funds (client, third parties etc), • the bank from which the funds are expected, • any unusual aspects (funds remitted to unexpected destinations) and • when funds are to be expected. This will not always be possible, but such information enables Finance to approve and undertake money movements without having to cross-check with fee-earners each time.
What to do if you are worried about an unexpected money movement: • Discuss the matter with MLRO • Seek confirmation from fee-earners/COFA that transactions/money movements are genuine • Make an attendance note of any matters that are unexpected, even if fee-earners confirm they are genuine • Notify Head of Finance, COFA and MLRO.
information technology
WHY LEGAL NEEDS TO GO LEAN by Robert Rutherford, CEO of QuoStar Solutions
The legal sector is changing faster than I’ve seen any sector in the past, well perhaps since I was involved in global electronics manufacturing in the late 90’s. The challenges of globalisation, shrinking margins and innovation were terrifying to many, and IT systems were often the answer to the challenges. However, the switch to improved business IT systems was helped by large and mid-sized manufacturing businesses understanding Lean. This meant that they were becoming used to rapid change, something that many legal firms are not. So, to keep you interested, how can and will Lean help legal firms? In short you’d use ‘proven’ business tools and strategies to allow you to survive and thrive in shifting sands, by;
1. 2. 3. 4. 5. 6. 7.
Lowering overheads Improving delivery times Increasing client satisfaction Accurate pricing Freeing up resources Making lawyers more efficient Improving margins!
•
•
In short, Lean was born for the ‘systematic’ elimination of waste (“known as Muda”) in a process. Lean seeks to identify and eliminate waste through overburden (“Muri”) and waste created through uneven (varying) workloads. There is also a focus on the client who consumes a particular product or service around “value”. So it’s about reducing waste internally and increasing value for the client. Below I’ve shown examples of how the waste elimination process can work in relation to Lean Six Sigma in a law firm. This can easily be remembered via the acronym DOWNTIME; •
Eradicate Defects and Mistakes: -
•
Incorrect data entry Billing mistakes Incomplete documents Bad drafting Wrong client details Filing errors
•
•
Inventory / WIP -
•
Matters sat in dispute Too much unused stationery Unanswered communications Too many IT systems Motion of People
- Poor work-flows, manual and IT related, i.e. too many clicks to get to a required resource - Poor placements of physical resources - Too much travel •
Extra Processing - Too many authorisations, research or manual interventions
If you think you are already all over these elements, then I’ll almost guarantee that you aren’t. It’s about prioritisation; prioritising what improvements deliver the greatest gain to the firm and ultimately the client. I’m a big believer in win-win relationships, the client has to be your partner, not simply a bill payer. Lean uses the acronym DMAIC to structure improvement, generally continuous improvement, which is absolutely essential in a law firm in this day and age. DMAIC is always applied in the order shown below and stands for; •
Define -
•
Identify the business/process issue Record the requirements of the client and the firm Finalise the project focus Define the project scope Measure
-
Collect the required business data Determine the performance of the process Clarify the business opportunity Identify quick wins where possible
Improve -
Transportation - Sending printed documents or billing manually when electronic is acceptable or desired - Processing cheques when electronic means are more convenient - Too many manual or electronic touch-points
Analyse - Undertake root cause analysis - Quantify the opportunity for gain - Prioritise root causes
Non-utilised Talent
•
Over-production: - Too many people involved in meetings - Preparing documentation in advance - Too many communications internally and externally - Printing too much or to an unnecessary standard - Too much unbilled prep-time
•
- Poor delegation
What is Lean? Lean was born in manufacturing and was originally developed and used by Toyota engineers in the 40’s. Today when most people talk about Lean they are talking about Lean Six Sigma. This process was developed by Motorola is the late 80’s and is still widely used by all sectors, from finance through to retail, yet it remains rare in the legal space.
Waiting and Delays: - Unable to get the right people to meetings - Waiting for information from internal or external parties, i.e. clients and counsel - Un-productive environments - Slow IT systems
•
Understand and develop potential solutions Develop and select evaluation method and criteria Evaluate risks Optimise solution Control
- Monitor and adjust - Ensure desired gains are delivered and sustained - Standardise gains It’s surprising how many firms don’t have live documented processes and procedures. If you don’t have SOP (Standard Operating Procedures) then you are going to have to start. If you don’t have processes defined, how can you evaluate them and improve them? As we are aware a significant number of legal firms have been way behind the curve in innovation, some who believe they are innovative are not, not when you look at the advanced systems, processes and structures in other sectors. Lean is a great place to start to drive change, but it must be embraced by the firm’s leadership. You can’t delegate and forget – leadership must be responsible, and passionate about reducing the waste and continually improving a firm. If you aren’t doing this then your competition will be. The change isn’t a threat to those who embrace change and innovation - it’s an opportunity, on a massive scale. QuoStar delivers strategic and technical consultancy, typically focused around process and continual improvement methods. It also has a world-class IT outsourcing and cloud services portfolio. The company’s client profile encompasses legal, manufacturing, financial and a range of other industries with a turnover of up to £200M in the UK and overseas. Contact Robert Rutherford for an informal chat around how QuoStar is helping other firms protect and grow their margins through the effective use of technologies and improved processes. Email: robert.rutherford@quostar.com Web: www.quostar.com/legal
The Bill of Middlesex 15
professional issues
CODE OF CONDUCT CHANGE AFFECTING SOLICITORS’ PI 1 APRIL 2015 - ARE YOU READY? The SRA has recently announced a change to the Code of Conduct that requires firms to assess and purchase an appropriate level of professional indemnity insurance. New Outcome 7.13 states ‘you assess and purchase the level of professional indemnity insurance cover that is appropriate for your current and past practice, taking into account potential levels of claim by your clients and others and any alternative arrangements you or your client may make.’ You must comply with this outcome by the earlier of: 1. The date on or after 1 April 2015 of the commencement, renewal, replacement or agreed extension of the policy period of any qualifying insurance; and 2. The start of the new indemnity period on 1 October 2015. As this is a required outcome, it follows that firms will have to be in a position to be able to provide evidence to the SRA that an appropriate assessment has taken place.
16 The Bill of Middlesex
It is important to note there have been no changes to the minimum limits that a firm is required to purchase - £3 million for a Relevant Recognised Body and £2 million in all other cases. When considering how to comply with this new Outcome, Solicitors should remember that their professional indemnity policy is written on a claims made basis. This means that it is the policy in force at the time the claim is made or a circumstance is first notified, that will respond, not the policy in force at the time that the work was carried out. For this reason it is vital that when deciding on what level of indemnity is appropriate, that consideration is given to the type and value of historic and current work. Also when considering an appropriate indemnity limit, whilst the limit applies to any one claim and defence costs are paid in addition, it should be remembered that
the policy contains a ‘series clause’. The effect of this is to treat all claims arising from the same event (see the minimum terms for the full extent of this) as one claim. For example, if a standard contract is used for sales of multiple units in a property development an error in this standard document may result in multiple claims which may then be treated as a single claim for the purposes of the cover. Insurance brokers may well be reluctant to recommend a specific limit but should certainly be able to help with the thought process involved in assessing an appropriate limit. Joel Harding is one of JLT Specialty's representatives for firms in London and throughout the South-East. If you'd like to talk through any concerns you have about this change contact Joel. joel_harding@jltgroup.com www.jltsolicitorspi.com
cyber security
Cyber risks:
How safe is safe? Protecting confidential client information is an essential requirement of any law firm and it must ensure confidentiality to comply with SRA guidelines. So how do you best protect yours and your clients’ data? For most principals running small and high street law firms, common sense can go a long way to ensuring that your systems protect your information. But there are three major threats to data security.
Threat # 1: Benign Neglect The most common threat to data is the failure to regularly make checks that the data on the backup can be restored. Twenty years ago when computers were less reliable, the need to make backups was front of mind. However, when disaster strikes, the consequences are far more damaging.
Threat # 2: Your staff Some people who work in law firms are dishonest. The best thing you can do is ensure that your staff are properly trained. There is no point in giving a junior staff member, responsibility for making backups and then not providing training. You can’t prevent a staff member from carrying confidential information off the premises. How many times have you or one of your staff taken a physical file home to work on? This is incredibly common and also incredibly risky. Staff also do stupid things on work computers. Create a culture in which good computer behaviour is the standard. A lot of work is usually the best cure. Busy staff don’t have time to surf the net or download suspect programs.
RICHARD HUGO-HAMMAN, CHIEF EXECUTIVE OFFICER AT LEAP LEGAL SOFTWARE, LOOKS AT SOME OF THE ISSUES INVOLVED, AND RECOMMENDS SOME SIMPLE STEPS OF HOW TO MINIMISE CYBER RISKS IN A LAW FIRM. Threat # 4: The bad guys out there! In reality, the information that a small firm has on its systems is unlikely to be of interest to hackers. There is however a risk, and it is particularly important for you from a compliance perspective because your income depends on your practice certificate. The SRA are justifiably concerned about all these threats.
Threat mitigation: a legal cloud software solution for small firms Some people are concerned about using cloud software but we have all done online (i.e. cloud) banking for years. Many of us post information on Facebook and LinkedIn. Cloud software. In reality we use it all the time, and the good news is that data stored in the cloud is far safer than almost every other common data storage mechanism. Here is a 5 point checklist for you to use when you consider making your data as safe as possible:
1 Location Many people like the idea of having a physical server in their office, or in the office of their IT provider. This seems safe but is risky. World leading cloud software products run on servers are located in secure data centres with the world’s best practice for access not only to the data, but to the facilities in which the servers are housed. This is where we keep data for our clients. It is secure and constantly backed up. With cloud software location risk is eliminated.
2 Communication between
Threat # 3: Do you use email?
your workstation/devices and the Servers
Many emails containing your client information have confidential documents attached. Very few law firms encrypt emails because recipients aren’t able to open the encrypted data. Sending an email to the wrong recipient might be the single biggest threat to data security, and yet it relies almost completely on common sense to prevent mishaps.
Make sure that your software supplier utilises Secure Socket Layer (SSL) and RSA data encryption ensuring all communication between workstation and server is encrypted and protected from interception. These technologies are also used by financial institutions to protect client data.
3 Data Security on the Servers The world’s best practice security controls include industrial strength Firewalls, Anti-virus and Anti Malware detection, Security Patch Management, System Security Hardening, N+1 redundancy and a host of other acronyms that are difficult to understand and that you don’t need to worry about anymore. Make sure your technology provider is taking proper precautions. For example at LEAP our servers are hosted in Amazon Web Services data centres in Dublin. I would suggest that it is impossible for any small law firm to be able to afford similar levels of data security on their own.
4 Workstation Security A cloud application cannot protect your workstation and you should always ensure it is properly secured with the latest security updates from a reputable provider with anti-virus, malware detection and firewalls if necessary. Don’t open suspect attachments or download programs from untrustworthy sources. A good policy it not to allow personal use on work equipment.
5 Passwords You need a good password and you need to keep it secret. These are like security locks on a house; they keep 95% of potential intruders out. Don’t use: • 12345 • Password1 • Welcome • Your initials or date of birth • Your present or deceased pets’ names.
A final word on backups Make sure your technology system backs up your case management and accounting data. Implement smart, safe practice management software into your firm and your cyber risk is near to nothing. www.leap.co.uk 08437130135
The Bill of Middlesex 17
cyber security
A Proactive Cyber Security Strategy with SERO Security by Ben Millar, Director, SERO Security
VERY FEW ORGANISATIONS ARE AWARE OF WHAT PENETRATION TESTING ACTUALLY IS AND THE BENEFITS IT OFFERS IN TERMS OF REDUCING THE RISK OF NETWORK BREACHES. Very few organisations are aware of what Penetration Testing actually is and the benefits it offers in terms of reducing the risk of network breaches. Penetration Testing is a pro-active method of identifying vulnerabilities and configuration weaknesses within your information systems, network infrastructure and IT procedures. By identifying these vulnerabilities and weaknesses, your organisation is able to significantly reduce the risk of being compromised by hackers and cyber criminals during cyber attacks. Organisations commission Penetration Tests for a number of different reasons. Any savvy Chief Information Officer (CIO) or Senior Information Risk Officer (SIRO) will commission a Penetration Test to ensure that the risk to their information from external threats is as low as possible. And in other cases, they are commissioned to meet compliance requirements. Lexcel is an accreditation within the legal sector, indicating quality in relation to legal practice management standards. The Lexcel "Standards for Legal Practices" guidelines make several references to Information Security Management and confidentiality of client data. In order to satisfy these requirements and achieve compliance, all compliant legal practices are required to demonstrate that their client information and digital assets are safe and secure from external threats. This can be achieved by conducting regular penetration testing to identify vulnerabilities and risks so that they can be reduced or completely mitigated. Many legal practices use third party IT companies to manage their network
18 The Bill of Middlesex
infrastructure and services. But in some cases, these third party consultants are putting your information at risk by using very poor security practices, as one of our clients found out (described in the case study).
This would have taken the law firm weeks or months to recover from. And if the hacker had chosen to delete all of the information they had access to (including backups), the firm may not have been able to ever recover.
Case Study
For more information please contact: Tel: 01489 559485
A law firm that SERO tested were using external IT consultants to manage their IT network infrastructure and services. The firm had placed their trust in the consultants, assuming that they were using the most secure practices to manage their IT network. It wasn’t SERO Security provide expert until the firm penetration testing services commissioned a to help identify the weakest Penetration Test that areas of your cyber defences. they learned how This enables your organisation vulnerable their to mitigate vulnerabilities network and and reduce the risk of information really being compromised during Cyber Attacks. was.
Would your Legal Practice be able to withstand a Cyber Attack?
SERO were able to remotely breach their external network defences and gain administrator access to the whole private network and all information stored on it. If a hacker had gained this level of access they would have been able to cause enough damage to bring the business and trading to a complete halt.
>
Identify vulnerabilities in your information systems
>
Secure your intellectual property and sensitive information
>
Protect your digital assets from hackers and cyber criminals
Speak to a specialist on 01489 559485 or email info@serosecurity.com www.serosecurity.com
cyber security
Targeting Cyber Security A recent survey highlighted ‘Cyber Security’ as one of the greatest concerns of small and medium law firms within the UK. Legal technology today is a source of competitive advantage in many instances and, at the very least, a driver of efficiency and innovation. It is also often the mechanism by which many solicitors share information both between themselves and between themselves and their clients. Thus, it is fair to say that the majority of information within a modern solicitor’s firm is held in a digital form and is, therefore, a potentially lucrative target for digital criminals.
M
any such criminals target smaller firms because they believe they will have less resources available to protect them but will still hold much extremely valuable data. In essence, there is a very real threat to small and medium sized law firms and the data they hold. The question being asked across the sector is what can be done to reduce this threat? To properly understand what can be done, it is first necessary to understand from where the threats emanate. Traditionally ‘Security’ was predicated on the notion of erecting an impenetrable exterior and only allowing known people through, an approach based on the assumption that threats were primarily external. In IT terms, this meant having a firewall to prevent unauthorised entry to the systems and protecting the systems with passwords. In a World where sharing information is second nature to increasing numbers of people, many otherwise diligent workers can create situations where the data held by a firm is placed into less than secure environments. Research indicates that the majority of security breaches emanate from within organisations rather than from external attacks and that many of these are inadvertent rather than malevolent. Many staff will access information from a variety of devices and a proportion of these staff will use the same passwords for their work accounts as they do for personal, less secure accounts. It is human nature to adopt repetitive simplicity when selecting passwords and it is this behaviour that creates the perfect opening for cyber criminals. The modus operandi for many cyber criminals today is the gathering and analysis of fragments of data which they can then use to launch very specific attacks. For example, many firms will use an employee’s e-Mail account as their primary identifier for systems. Establishing a valid eMail address is a relatively simple task and so the cyber criminal already has half the information needed to access a system. And the password? Some of the most common passwords in use are 123456, password, qwerty and letmein.
Even where more complex passwords are used, users often make it relatively simple for cyber criminals to uncover this last line of defence by using the same password for multiple accounts both personal and work related and the personal ones are often much easier to breach. Staff may send work to personal accounts to enable them to work out of the office or carry data on portable devices which are easily lost. We have become careless in our use of technology and this carelessness is the source of much valuable information to cyber criminals. So is it all about the users? Absolutely not. There is still a requirement to invest in proper security systems and processes and to review where data is stored, how it is accessed and by whom. The cloud is often the source of much discomfort about security but is probably the one area where security is actually greater than more traditional IT solutions. The data is usually located in highly secure physical locations and the majority of cloud providers invest significant amounts of money in surrounding the data with both preventative and detection technology and have proven rapid responses to security incidents. Cyber criminals are less likely to waste time and effort attacking such environments when one known user account will provide them with direct, unhindered access.
reiterating to users that data protection is as much their responsibility as that of the IT function can significantly reduce risk. Regular audits and ethical hacking attacks can also reduce risk. Security requires a multi-faceted approach and requires consistent awareness and adoption by all members of a firm. There also needs to be an acceptance that you will be compromised at some point and establishing an effective response and counter-measures plan is equally as important as seeking to prevent the breach. There is no panacea for cyber security. The threat landscape is constantly evolving and so establishing good security requires vigilance, constant education of the users, closing down the sources of information to potential hackers and frequent auditing and testing of the solutions that are in place. Above all it is a constant process not a one off activity. Simon Ratcliffe Consultant Advanced Computer Software Group For more information please contact: 0844 815 5575
Simple steps such as using token based authentication in addition to passwords and
The Bill of Middlesex 19
cyber security
DOCUMENT SECURITY IN AN INCREASINGLY MOBILE WORLD
THE WORKFLOW, LIFE AND TRAIL OF A DOCUMENT ARE MORE MOBILE THAN EVER. WITH LEGISLATION INCREASING THE DIGITISATION OF DOCUMENT MANAGEMENT ACROSS SOLICITING, PARALEGAL, INSOLVENCY, CIVIL RIGHTS, BANKING, COMMERCIAL, CORPORATE, ENVIRONMENTAL, PROPERTY AND FINANCE SECTORS, THE LEGAL SECTOR IS HAVING TO EVOLVE AND BECOME INCREASINGLY SOPHISTICATED.
I
n a recent KYOCERA survey of over 500 people within the UK legal industry, almost half of respondents cited security as their biggest concern when it comes to technology. This was deemed more important even than cost cutting (45%) and looks set to continue as new techniques such as mobile and cloud gain in popularity within the workplace. Increased digitisation and mobility should not, however, compromise the security of data and documents. In order to maintain document security, legal organisations should consider deploying a Managed Document Service (MDS) - which is a packaged solution that creates a controlled print, copy and document environment. A properly deployed MDS will strengthen a law firm’s ability to control risk. As well as helping to avoid losing valuable data and preventing unauthorised access, it can also ensure confidential documents don’t end up in the wrong hands, limit device access to particular users and departments and clearly identify key users. MDS usually combine hardware, software, servicing and elements of strategic consultancy. Reputable partners provide services that incorporate the most up-todate and sophisticated security measures, including encryption and compliance with BSI standards for the legal admissibility of electronic information in court. Another emerging area, which presents both opportunity and challenge in terms of document security, is cloud. Although
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doubts persist over the security of cloud-based services, cloud propositions are proving increasingly difficult for law firms to resist. Firms should familiarise themselves with the Information Commissioner’s Office guidance on the use of cloud computing to make sure their MDS deployment complies with the Data Protection Act 1998. Whilst technologies such as MDS and cloud are addressing document security concerns within the legal sector, it’s clear to see that doubts persist. When asked about the biggest challenges in future, the
respondents to the KYOCERA survey opted for security (38%), closely followed by keeping costs down (37%) and dealing with fees (35%). This suggests that legal firms welcome the influx of new technologies but are still unsure of how they will impact business. by ROB ATTRYDE, KYOCERA Document Solutions UK, Marketing Communications Manager
cyber security
Data Leak Prevention For Legal Firms by Robert Rutherford, CEO of QuoStar Solutions
DATA LEAK PREVENTION (DLP) IS A SUBJECT THAT COMES UP AGAIN AND AGAIN. HOW DO YOU STOP DATA LEAKING OUT OF YOUR BUSINESS? IT'S A SIGNIFICANT UNDERTAKING, WHICH REQUIRES TIME AND MONEY.
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t typically starts with their firm wishing to stop their IP or other sensitive business or client data from passing out to the unprotected internet, typically via email, internet browsing or some form of cloud platform. That should be easy right? Well, no it's not really, it's typically difficult and takes a lot of time, technologies and planning. It then takes time to put in place the systems and controls. Once you put in all the controls regarding a data leak solution say around email then it leads on, i.e. What do you do about cloud storage systems? What do you do about staff bringing in USB disks? What do you do about sensitive information lying around on a printer? Sending out information via social media? The complexity grows. So, when it grows, what do most organisations do? They typically push the DLP project under the carpet, or maybe implement one control or two and leave it at that. Often that may be appropriate if some form of DLP solution is mixed with appropriate user training. However, often money or sensitive information is leaked from the business one way or another. Data leakage can be categorised in 3 states (data loss vectors): • In transit - being intercepted whilst travelling over the wire, i.e. email, web chat, web traffic, etc. • At rest - from areas such as a file share, a database or from a desktop/laptop. • In use - from screen captures, clipboard, a printer, USB disk, CD, etc. Each one of these can and should be broken down by a business, along with classification of information and data. Once you understand what you have and what risks you face on each classification you can start to think about controls. The controls will vary significantly by sector but here are 10 areas to consider when contemplating how to keep your sensitive data secure from an accidental or malicious leak:
• Portable encryption - If sensitive data leaves the secure confines of your firm’s network it should be encrypted. You'll need software systems to control this as you cannot typically rely on employees to do it. It only takes a lost USB disk, laptop or a lost phone to deliver a severe or critical blow to a firm. • Endpoint protection - The data endpoint is typically a computing device, i.e. desktop, laptop, mobile, server, etc. It's on these devices that IP and confidential data resides or passes through. DLP endpoint protection solutions can protect data inside and outside of the network by controlling functions, such as print, copy, and data transfer to USB devices or a cloud storage platform such as DropBox. • Email Content Control - Confidential information and documents are often sent via email, a common source of data leak. Email content filtering uses deep content inspection technology to scan the text, images, and attachments of an email, to flag up any potential threats and can alert you if a user tries to send sensitive information. • Intelligent Firewalls - Data leakage often arises from email, IM or internet use. Firewalls can protect individual computers and whole networks from security threats and can take automatic action against potential data leaks, unauthorised access or malicious behaviour, either by notifying the administrator or by blocking the activity. • Device Control - End point solutions allows administrators control over what devices are in use, when they have been used, who by and what information was copied, managing the threat of portable storage devices. As users typically store email and other sensitive documents on their smartphones and tablets you should also have effective security policies governing their use, such as using complex passwords or for devices to be locked when not in use.
• Evaluating Security Permissions Many users may have access to sensitive data, but do they really need it? Allowing access on a “need-to-know” basis can dramatically reduce your chances of data leak, accidental or otherwise. • Controlling Print - Multi-Function printers (MFP) are typically unmonitored and can have a high level of data leak potential. Requiring users to ‘sign in’ before use can reduce this, as they will only have access to certain functions and documents. It also prevents sensitive information being left on the printer, as the document only prints once the correct user has signed in at the MFP. • Securing Back-ups - Many firms rightly have back-ups of their most important information, but these can be vulnerable too, either from an attack or due to loss. Just like the original data, these files should be encrypted which is a function in most backup software. • Image Text Analysis - Images can be sensitive data in themselves, plus camera-enabled devices like smartphones make it very easy to capture sensitive data. DLP solutions have the ability to analyse text within images, preventing data exposure. • Education - It is often assumed that employees know what information is confidential and must not be shared, but sometimes a data leak is accidental and can be something as simple as an email to the wrong client. A good security policy should be well-defined and easy to understand, which helps users to perform important functions with reduced risk and increases adoption rate of the policy. Email: robert.rutherford@quostar.com Web: www.quostar.com/legal
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Why leave a will?
by Max Orbach, Trainee Solicitor, Russell-Cooke
It is estimated that approximately half of all adults in the UK do not have a will (number of sources including BBC and Will Aid). Famous examples of those who died without leaving a will include Bob Marley, Stieg Larsson (the author of The Girl with the Dragon Tattoo) and Pablo Picasso. The battle over the latter’s estate took six years to resolve and is estimated to have cost in excess of £20 million in legal fees. While avoiding a multi-million-pound succession dispute will not be a concern for everyone, there are many other very good reasons for leaving a will that you should be aware of, whether you are advising a client or considering your own situation. The obvious starting point is that a will allows the testator to express their wishes regarding who receives their assets after their death. Without a will, their estate will be distributed under the rules found in the Administration of Estates Act 1925, more commonly known as the Intestacy Rules. Broadly speaking, these rules determine the division of assets between married or civil partners, children and other close relatives depending on the exact make up of the deceased’s family. Where the deceased leaves no will and their estate is unclaimed by any surviving relatives, it will pass to the treasury, or to the Duchies of Cornwall or Lancaster if the death occurred in their respective boundaries. In 2012, £38.5 million passed to the Crown in this way. The biggest potential loser in an intestacy is a cohabitee of the deceased, who will receive nothing under the Intestacy Rules. This is the case regardless of whether they have been living, to all intents and purposes, as if they were married for many years. Unfortunately, there is no such thing as a common law spouse, despite the common misconception. All is not entirely lost for the surviving cohabitee, as they may have a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975. However, this is far from an ideal scenario, due to the potential legal expense of bringing such a claim and the possibility it will create tensions with the other beneficiaries of the intestacy. An important consideration for parents is that if you do not have a will, your assets may be left to the Court to appoint guardians for any child under the age of 18. Under a will, parents can stipulate who those guardians should be and make the appropriate financial provisions for their children.
Recent changes to the Intestacy Rules The Intestacy Rules are surprisingly complex and are often perceived to create unfairness, particularly for surviving spouses. The Government has attempted to resolve some of these issues under the Inheritance and Trustees Powers Act 2014. Under the old rules, a surviving spouse with no children received the first £450,000 of an estate but had to share anything above this amount with other family members. Following the changes, which affect estates where the deceased died on or after 1 October 2014, the surviving spouse will now inherit the estate in its entirety.
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Another difficulty with the old rules was that when a person died with an estate worth more than £250,000 and leaving a spouse and children, the spouse was given the first £250,000 and a life interest in half of what remained. It was perceived that the life interest created an unnecessary complexity in the administration of such estates. Following the law change, a spouse with children now takes the first £250,000 and then half the remainder of the estate absolutely. Another change worth noting is to the statutory legacy. This is a sum paid to the surviving spouse of £250,000 where there are children or £450,000 where there are no children. The amount of the statutory legacy will now be reviewed at least every five years and will rise in line with the Consumer Price Index, rounded up to the nearest £1,000.
Determining who deals with your estate An important benefit of leaving a will is that it allows the testator to choose the executors of their estate. These are the people who will be responsible for its day-to-day administration. If a person dies without leaving a will, an administrator will be appointed in place of an executor. An administrator’s position is only confirmed once a Grant of Representation has been obtained. This can be a slow process, as the application must include confirmation of how much Inheritance Tax is due on the estate (and this involves a full consideration of the estate’s assets and liabilities). A significant delay in obtaining a Grant of Representation can create practical difficulties where a person has died intestate. This is principally because banks, energy companies and other organisations are often unwilling to cooperate with enquiries relating to an intestate’s estate until a Grant of Representation has been obtained. This may mean that mortgage payments and energy bills go unpaid and, in extreme examples, enforcement action is taken.
Leaving a will with named executors makes things much easier for those dealing with the estate. Banks and other organisations will usually accept a copy of the will as evidence of the executor’s position. This means they can deal with many of the issues that arise in an administration before a Grant of Representation is obtained. However, it should be noted that a copy of the will is not enough to carry out more substantial transactions, such as selling property, which will still require a Grant of Representation.
Funeral wishes Another important issue people seek to address in their will is their funeral wishes. Unfortunately, the law underpinning this area is not entirely clear. Historically, the position was that a corpse cannot constitute property and therefore cannot form part of a person’s estate and cannot pass under a will or intestacy. This meant that any direction in a will regarding the disposal of a body was not legally binding on the executors of the estate. The case of Borrows v HM Coroner for Preston [2008] found this position was at odds with the jurisprudence of the European Court of Human Rights and a breach of a person’s right to a private and family life under Article 8 of the Human Rights Act 1998. However, in Ibuna v Arroyo [2012], Justice Peter Smith questioned the analysis that human rights applied post death. Despite this lack of clarity, a person’s desired funeral arrangements stand a much greater chance of being followed if they are expressed clearly in their will - it would take a very stubborn executor to ignore these wishes. As we have seen, leaving a will may not be the final word on how a person’s estate is dealt with after their death. However, a properly drawn up will is likely to make the administration of an estate much simpler at a difficult time for the deceased’s loved ones. For more information, please contact Max Orbach, Trainee Solicitor, email: Max.Orbach@russell-cooke.co.uk tel: +44 (0)20 8394 6402
probate
Anyone can prepare a will, can’t they? WILL WRITING IS AN ACTIVE AND CHANGING AREA OF LAW; YET PRACTITIONERS WORKING IN OTHER AREAS OF THE LEGAL PROFESSION OFTEN UNDERESTIMATE THE CHALLENGES THAT THESE CHANGES POSE. MARTYN FROST, TEP AND TUTOR FOR THE STEP ADVANCED CERTIFICATE IN WILL PREPARATION BELIEVES THIS IS THE REASON WHY THE VIEW THAT ANYONE CAN ‘DO WILLS’ IS STILL ENCOUNTERED. Reported cases in the Wills and Trusts Law Reports demonstrate continuing problems with issues inherent to will writing, such as, undue influence, domicile, forgery, donatio mortis causa and I(PFD)A 1975 claims. Some of these issues made it to the Court of Appeal with one execution and rectification matter going all the way to the Supreme Court. Reported cases, however, are very much the tip of the wills litigation iceberg. Statutory changes have been common to this area in recent years, such as, new Acts amending presumption of death, some trust accounting issues (which impinge on will preparation) and the new Non-Contentious Probate Rules that are on the way, which add to the number of reported issues assimilated into practice each year.
Changes in the structure of UK society have, moreover, added a sociological aspect to the field’s development and have been alluded to by the Court of Appeal in I(PFD)A 1975 decisions. To put these changes in the context of everyday variations in domestic structures and relationships, one can see that practical problems are likely to arise for the will advisor. Other areas of impact are: • wealth holding; • mobility of population across borders; • greater life expectancy and a switch to commercial care in old age. Whilst anyone can write a will, it is inconceivable to think that clients would choose a Will Writer without either adequate training or an understanding of the changing demands of an evolving market place.
In the absence of regulation, what is there to differentiate the quality provider of will writing services? The answer is training, qualification and expertise. Now in its fifth year, the STEP Advanced Certificate in Will Preparation is the only specialist qualification in the field and is the benchmark for TEPs, solicitors, barristers and professional will writers. This Advanced Certificate helps to develop the knowledge and skills required of the wide range of professionals involved in will preparation, whilst allowing you to demonstrate a high standard of knowledge through a qualification that will set you apart from the competition as a competent will draftsman. For more information, please visit www.step.org/AdCertWP or email cltinternational@centlaw.com
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Investment Overseas and the Impact on Estates The complex world of asset repatriation by Louise Levene
Godfrey: “Prosperity is just around the corner.” Mike: “Yeah, it's been there a long time. I wish I knew which corner.” (Source: “My Man Godfrey” 1936 (Universal Pictures; Director: Gregory La Cava) This bit of bleak humour from the depression-era screwball comedy “My Man Godfrey” never seems to lose its relevance, as the global economy bounces from boom to bust, or navigates the fragile limbo in between.
Picture: “My Man Godfrey” 1936 ©Universal Pictures
Throughout the prosperous 1990s, British daytime television was peppered with programmes which painted a pleasing picture of investment opportunities in Spain and beyond for British householders with a pot of equity to spend.
Disposal of a property, even at a loss, might meet one such duty, but retaining the property, even if it costs money to do so, might arguably meet a different one. There might be reason to hope the value of the property will improve.
translations of English probate documents. When an intestate English estate includes immoveable property, there may be questions of forced heirship, where close family members must benefit from part of the estate.
You could have a retirement home or an investment, whatever you needed. Building companies in Spain responded to demand with a huge construction programme, some of which turned out to have been built almost literally on sand, with building firms granted unsustainable mortgages by banks on the rash promise of quick sales.
Even once the decision to sell the property, or transfer ownership to beneficiaries has been made, dealing with property in Spain can be slow and expensive. Spain’s laws are kinder to UK estates than others in Europe: Spain uses nationality to determine how an estate should be dealt with, but it will accept the renvoi from England & Wales.
Clients who bought retirement villas and flats on the Costa del Sol during that time might not have counted on a scenario in which they died, in the throes of a terrible recession. Spanish property prices have tumbled up to 40 percent since 2008.
The Spanish inheritance process needs to be followed, involving the services of a notary (‘notario’). Spanish notaries are responsible for the drawing up of deeds covering the administration of estates and the registration and disposal of property.
Since the financial crash of 2008, time has shown that there aren’t easy answers to that central dilemma of whether estate representatives should keep or sell Spanish property. Any sale within the last seven years might have been through necessity alone, but continuing uncertainty and year-on-year declines in Spanish property values since that time also made it difficult to wait, with confidence, in the hoped-for improvement in the market.
For lower-priced property in particular, this can leave the estate with a dilemma. Sell the Spanish property as quickly as possible, at a loss, or hold out in the hopes of a recovery at the mercy of European market forces, while the fabric of the property deteriorated every year?
They don’t all communicate equally effectively, and some struggle to interpret the English & Welsh concepts of domicile and Executors (although the recent EU Succession Regulation 'Brussels IV' has been designed to smooth the way for estates after August 2015). Spanish NIE (fiscal identification) numbers have to be obtained for the beneficiaries something that is not made easy for UK residents to obtain - and tax clearance paperwork submitted.
Investors know, or are expected to have some idea about, the risks they are taking. But it is the executors that have to juggle those risks against their occasionally conflicting duties as estate representatives when the investors die. Personal representatives must gather in estate assets, and act promptly in administering and preserving the estate.
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Registration of title to the property must be transferred out of the deceased’s name before it can be sold. It can be difficult to get Spanish bank accounts closed. The Spanish authorities need official, legalised
For now, there are signs that the drop in values may have bottomed out, but UK property owners in Spain might still be glancing warily at Europe’s tribulations, and wondering which corner that much-needed prosperity will turn out to be ‘just around’. Louise Levene is asset services manager at Finders International. For an initial, informal discussion about valuing or disposing of Spanish property, obtaining NIE numbers or closing bank accounts in Spain, or to discuss any estate matters with an overseas asset element, contact Louise on 020 7490 4935 or, in the UK, 0800 085 8796, or by email louise.levene@findersinternational.co.uk
probate
HEIR HUNTERS SHED LIGHT ON LONG LOST BROTHER WHO SPENT LAST 25 YEARS IN MAKESHIFT HOME A CHESHIRE WOMAN HAS DISCOVERED HER LONG LOST BROTHER’S UNIQUE PAST THANKS TO TV HEIR HUNTERS’ SEARCH. Mr Millen died without leaving a Will, giving no indication of who he wanted to inherit his valuable estate.
As an ex-meteorologist who spent many years at the Met Office and learnt his craft in the military, Mr Millen enjoyed the outdoors.
team of leading genealogists and international probate researchers, dedicated to tracing missing beneficiaries to unclaimed estates.
It was only when probate research firm Fraser and Fraser, who star on BBC One’s daytime show Heir Hunters, tracked down his sister, that the family discovered his unusual way of life.
Neil Fraser, Partner at Fraser and Fraser said: “We sometimes get unusual cases such as Mr Millen’s which can make it harder to track. Once we located his birth certificate, however, the family tree started to unravel.
Offering their skills to solicitors, finance professionals, large corporations and local authorities, their services, including International Bankruptcy Searches, Missing Beneficiaries Insurance and Probate Property Services are tailored to each individual’s needs, and are there to offer support to the legal profession with every step of estate administration.
Anne King had not seen her brother for over 25 years after he chose to tie off all forms of contact. When the London based firm contacted Mrs King, she said she felt a “feeling of relief that at last I would know what had happened to him”. Mrs King last saw her brother at their mother’s 80th birthday over a quarter of a century ago. Although her other brother, Boyd, had tried to find him, no one managed to get back in touch. Mr Millen used to live in a house boat along the canal, but when the council deemed it unfit for habitation, he chose to build his own home.
“Mr Millen actually have £10,000 worth of premium bonds with the rest sitting in a bank account – something which the four heirs, including his sister, can now enjoy. “In cases where the deceased is elderly, we often find the beneficiaries are further down the tree, but here we managed to find near kin, as well as Mr Millen’s nieces.” Fraser and Fraser located four heirs on this case, the majority in the Cheshire and Liverpool area.
If you are searching for next-of-kin in order to distribute an estate to the rightful heirs, get in touch today. We understand that each case is unique and so offer our quote on a case-by-case basis. Once Fraser and Fraser begin to work a case, a full report will be provided, showing how the estate will be distributed at maximum value and as efficiently as possible.
With over 90 years of experience, the firm are a
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probate
The SRA’s new approach to CPD - How Title Research can help LAST YEAR, THE SRA ANNOUNCED SIGNIFICANT CHANGES TO THE WAY IN WHICH SOLICITORS AND LEGAL PROFESSIONALS NEED TO DEMONSTRATE THEIR CONTINUING COMPETENCE. The move away from a rigid continuing professional development (CPD) structure was intended to refocus the profession’s attitude to training and development, bringing an end to the ‘tick box’ attitude which many saw as limiting the effectiveness of CPD for the majority of legal professionals. Instead, the new approach aims to enable solicitors to tailor their CPD activity in order to reflect the legal areas in which they operate more accurately. This will also ensure that more emphasis is placed on the outcome of the activity and the value that this offers the individual, rather than the process by which it has been achieved. The new approach will become compulsory for all legal professionals from
November 2016. However, you can already opt in to the revised scheme and many are choosing to do so given the increased flexibility that it offers.
wide range of subjects impacting on trust and estate planning professionals, including risk management and compliance issues.
So what do the new regulations mean in practice? One of the most significant changes is that the CPD activity that you undertake no longer needs to be accredited. Adoption of the new standards means that you can now identify a wider range of training opportunities that can count towards your CPD activity.
We can deliver this service to you in the comfort of your own office at a convenient time for you and your colleagues, free of charge. If you would like to find out more about how you could benefit from a free CPD presentation, please contact Nicholas Beetham, Senior Relationship Manager at Title Research, on 07714 853651 or Nicholas.beetham@titleresearch.com
Title Research has provided free training and support to the legal profession for many years, drawing on our 50 years’ of experience as specialists in the estate administration market. Our team of experts regularly speak at industry events on a
Alternatively visit www.titleresearch.com for information on how we can support you and your clients with any asset repatriation or people tracing services.
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professional practice
TOP 10 QUESTIONS TO ASK YOUR SEARCH PROVIDER SEARCHFLOW’S LATEST CONVEYANCER SENTIMENT SURVEY REVEALED THAT 48% OF CONVEYANCERS CITE PROFITABILITY AS THEIR MAIN CONCERN FOR THIS YEAR WHEN CONSIDERING THEIR OWN BUSINESS. BUT IN THE CUT AND THRUST OF A BUSY LEGAL PRACTICE IT CAN SOMETIMES BE HARD TO SEE THE WOOD FROM THE TREES. TAKING A STEP BACK AND EXAMINING BUSINESS PRACTICES, THEN THINKING ABOUT WAYS TO INTRODUCE MORE EFFECTIVE AND EFFICIENT WAYS OF WORKING CAN BE ONE WAY TO BOOST THAT ALL - IMPORTANT BOTTOM LINE. “Implementing a lean business practice into a law firm will certainly help its profitability,” comments SearchFlow Head of Marketing, Adam Bullion. “These don’t have to be enormous changes, but reviewing standard business practices can reveal some sticking points which could be improved and save firms valuable time and money.” One of the ways conveyancers can improve efficiencies is through the partnership with a search provider which understands their business. Bullion explains, “The search process is a big part of the conveyancing operation, so finding the best search provider for your firm is essential. Not only will this help profitability, but it will also benefit relationships with customers through the quick delivery of accurate results.” However, the market place is crowded with search providers. With strong competition, and little apparent clear differentiation between each provider, it may be difficult to decide which one to choose. SearchFlow has put together a list of top 10 questions conveyancers should ask their search provider to ensure they get the right level of expertise, speedy service, flexibility and convenience that makes lawyers’ lives easier:
1. Are you able to place search orders in three simple steps? Ensure that it is a simple process to reduce time wasting. And ensure that risk screening takes place, identifying areas of risk and recommending search types, so you don’t have to search again to find missing or incorrect information.
2. Do you offer state-of-the-art mapping tools? A map should offer aerial views to make it easier to find difficult properties. This
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reduces processing time, as well as ensuring that the correct properly location is plotted.
up-to-date. Ensuring data is comprehensive will help to avoid defects. Searches should be Search Code Compliant.
3. Are you a member of a search code compliant regulatory body?
8. How proactive are you?
Lenders accept searches from search providers if they are part of a regulatory body such as CoPSO. This also offers protection for anyone who relies on the information from the property search reports, as well as ensuring a quality standard throughout the products and services on offer. Membership of a regulatory body gives consumers and property professionals confidence in the data provided.
4. Do you have extended coverage for negligence or omissions? How much additional cover do you offer? This gives you reassurance and the confidence to know that you can take out additional, comprehensive cover whenever necessary.
5. How do you add value to specific areas of my business? Can your search provider go the extra mile and offer you more than just search? This can take away the administrative burden from you, freeing up your time so you can focus on responding and servicing your customers more efficiently.
6. Are you an NLIS channel? This is an electronic connection to all local authorities that reduces waiting time and is regulated, again, offering you peace of mind.
7. Are searches accurate, comprehensive and up-to-date? Ask whether or not the provider uses database information (derived data) or if the information is real-time and fully
Your search provider should work with you to ensure an easy set-up and provide ongoing support. Will they notify you about change of delivery dates, changes in legislation, Law Society guidance notes and proposed changes within the industry? They should be able to support you and keep you up-to-date with the conveyancing market.
9. Do you employ a dedicated personal search team? They should be able to provide an efficient personal search service, obtaining data from source. This should therefore give you a fast turnaround time and is a convenient way to deliver against your service-level agreements.
10. Do you share performance analysis? Your search provider should be able to share with you the volume of searches performed, how many have been manually intervened, insight around resolution times, and reasons for delays. Your search provider should be able to answer these questions with ease. If they’re able to confirm each of these points, it will enable you to maintain a search process that is as stress-free and simple as possible, while helping you run an efficient conveyancing operation. Call 01732 523952 if you would like to speak to SearchFlow about the services they offer.
professional practice
Simple Solution to Accelerate Costs Recovery Leading firm of costs lawyers and draftsmen John M Hayes are proud to announce its partnership with Fee Solutions Limited, providers of finance for solicitors to facilitate effective costs settlement. Kate Oliver, Chief Executive Officer, said that “……this was an exciting development and one that would be key in furthering the company’s prominent position in the field of inter partes costs, and would be an important platform to increase its market share.” Kate went on to say “……the principal bone of contention with all solicitors is the ever lengthening time that it takes paying parties to settle costs claims, the demands of cash flow resulting in frequently compromised settlements, which otherwise in many cases would not have been conceded.” The Costs Award Accelerator Solution provided by Fees Solution Limited offers, at a very modest cost, a simple, easy to administer system to assist solicitors when a case has concluded, in negotiating their costs with paying parties on a more equal footing.
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Mike Dobson, director of Fees Solutions Limited, said “Fee Solutions is delighted to welcome John M Hayes to our select panel of Costs Lawyers and Costs Draftsmen and wish them continued success. We anticipate being able to enhance their already high reputation for outstanding customer service and innovative solutions and look forward to helping smooth the cash flow position of their partner Law Firms.” For a very modest tax allowable charge, or lend fee, the benefits of this scheme are: • No set up Fees • No draw down Fees • No monthly interest charge payments • No requirement to make any payment out of the Office account • No personal guarantees required from the firm
• Up to 80% of the Cost Award Valuation as an advance Mike added “……at a time when even the most successful and well established firms are faced with cash flow pinch points, we feel this is a very timely association between our two businesses, looking to work together in order to bring about a Fee Solution.” Kate Oliver Chief Executive Officer For more information please contact: 0870 300 3780
professional practice
LEAVING THEIR BELOVED FOUR-LEGGED FRIEND WITHOUT AN OWNER Some dog owners worry what might happen to their dog if they were to pass away first, leaving their beloved four-legged friend without an owner. Thankfully, Dogs Trust, the UK’s largest dog welfare charity, offers the Canine Care Card, a special free service that aims to give owners peace of mind, knowing that the charity will look after their dog if the worst should happen. Not only does this offer reassurance to dog owners, it also helps to ease the minds of friends and family during what is already a distressing time. Over the past 12 months, Dogs Trust has taken in a whole host of dogs across its 20 rehoming centres in the UK as part of the Canine Care Card scheme and helped them settle into new homes. Two of these dogs were duo Telia and Freddie who arrived at Dogs Trust Darlington aged eight-years-old after their owner had sadly passed away. The loveable pair were firm favourites with staff and volunteers, both enjoying long walks and playing in the water whenever they got a chance. Telia had been diagnosed with arthritis prior to her arrival at Dogs Trust and was able to get all the care she needed while she awaited her forever home. Dogs Trust never puts a healthy dog down, and works hard to match every dog with a responsible, loving home. Happily, Telia and Freddie were soon settling in with a loving new family after being cared for at Dogs Trust Darlington.
Adrian Burder, Dogs Trust CEO says, “Thanks to Dogs Trust’s Canine Card Card scheme, dogs in need of a new home are given a lifeline, meaning that Telia, Freddie and many dogs like them are able to get a second chance at happiness and bring joy to a new family. If you decide to become a Canine Care Card holder, we will issue you with a wallet-sized card. It acts in a similar way to an organ donor card and notifies people of your wishes for your dogs, should anything happen to you. Dogs Trust also strongly recommends that you mention the care of your dog in your Will. That way, there can be no confusion about your wishes.”
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FILM and the LAW
FILM and the LAW No 26 Learning the law through Film Funny how things happen! In one week I saw a preview of a silent film made in Germany in 1931. I read a spanking new book that reminded me of a British film made in 1962, And then I watched that very same film again. The old silent film was a preview - yes a preview because it had been re-edited with sequences long since thought to be lost and also the quality of the print had been enhanced through the miracle of digitalization. If you closed your eyes it was like sitting in the audience of a Berlin Odeon all those years ago and seeing M for the very first time. Hot off the press and written like a film script, THE CHILDREN ACT - a must read for Family lawyers- tells the story of High Court Judge Fiona presiding over difficult cases - in particular a young 17 year old man refusing life saving medical treatment as it conflicts with his religion namely that of The Jehovah’s Witnesses. The 1962 film, is the virtually unknown LIFE FOR RUTH - a master-class in screenwriting by Janet Green and based upon her successful West End play. The film was directed by one of the forgotten men of British cinema, Basil Dearden whose later film VICTIM starring Dirk Bogarde was instrumental in changing the law with regard to homosexual acts between
Patrick McGoohan
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by VINCENT MCGRATH vmfilmnite@googlemail.com 020 8579 5330 07877 551442
consenting adults. LIFE FOR RUTH stars Janet Munro, former matinee idol Michael Craig & Patrick McGoohan with his hall mark executive good looks. Ruth is an 8 year old who is in need of an urgent blood transfusion, but her father refuses permission, on religious grounds. Mum attempts to reverse the decision but is too late to save Ruth. The doctor played by McGoohan is so incensed that he instigates a private prosecution against Dad for manslaughter. Shot on location in the North-East the film is a minor masterpiece, and is as relevant today as it was when it was made all those years ago. The connecting thread between all three is the legal process. Fritz Lang’s film METROPOLIS is probably one of the most famous and influential films of all time. The film’s distinctive imagery of the future can be detected in many films since, to say nought of its presence in countless adverts and commercials. The same director was responsible for the story of a killer paedophile played sympathetically by Peter Lorre in M - a film that precipitated both of them leaving Germany as the Nazis took over. I thought I knew M but was truly surprised by the ending. I was equally surprised by the endings of LIFE FOR RUTH, and THE CHILDREN ACT where Judge Fiona in the latter struggles both with her stale marriage and the young man’s refusal to submit to treatment. The authorities in M finally identify their quarry with the result that Lorre is on the run. Set during the period when the communists & the nazis were fighting for power, Lorre chances upon a People’s Court where he is promptly put on trial. There then follows one of the most extraordinary court scenes ever recorded on celluloid. It is an extended sequence and is full of surprises which gives us insights into how an alternative court system could operate. In my humble opinion it should be obligatory viewing for every law student. I have advocated before that film study should form a part of legal training but I suspect the powers that be would resist a curriculum that featured a grainy silent German film made nearly 100 years ago with sub-titles?
Perhaps more accessible would be the final court scene in LIFE FOR RUTH, where the father played by Michael Craig finally ends up in the Crown Court, after having been persuaded by his solicitor to plead not guilty. If the court scene from M is one of the best court scenes on film, then the court scene in LIFE FOR RUTH runs a close second. The issues centre on whether Craig knew that his daughter would die if the transfusion was refused; the nature of his beliefs including a quote from the Old Testament that is taken to mean that man should not mix his blood with another man’s; that a person’s life is just a preparation for the next; and even the Magna Carta (Hooray for 1215) gets more than a look in. Any film ending worth its salt must have a denouement and this film has that and more. The verdict is pronounced and then Craig proceeds to put in one of his best performances. Suddenly the film takes off again. I have shown this film to FILM NITE at SohoHouse and the Ealing Film Nite group I run for Mothers with children who cannot get up to the West End. Both groups were enthralled with all the twists and turns of this moral maze saga, and it is right to say few films have stimulated so LIFE FOR RUTH (1962) much discussion. Films tend to engage on a personal level and LIFE FOR RUTH strikes a strong personal chord with me given that my father was a vegetarian from the age of ten and had a doggedness like the film’s father. My father never wavered in his beliefs and even when serving in the First World War’s trenches, he would only eat biscuits and cheese if available. Fast forward many years and I vividly recall him refusing a blood transfusion when he clearly needed one, on the grounds that the hospital couldn’t guarantee the blood was from a fellow veggie. When a court determines any question with respect to .....the upbringing of a child.....the child's welfare shall be the court's paramount consideration . Section 1(a) THE CHILDREN ACT (1989)
FILM NITE at SOHOHOUSE stars up again on 6th October 2015.
Peter Lorre in M (1931). Being Judged before a People's Court.
book reviews
MAGNA CARTA - The Foundation of Freedom 1215-2015 by NICHOLAS VINCENT Third Millennium Publishing Limited ISBN: 978 1 90899 028 0 www.tmiltd.com
REPRESENTING ‘MANKIND’S ESCAPE FROM TYRANNY’ - A LIVELY YET SCHOLARLY APPRECIATION OF MAGNA CARTA! An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers The case for a Royal Commission on the Penal System is a strong call which will, eventually, be agreed…one day in the future. This is a lively, authoritative and certainly compelling examination of Magna Carta and its enduring impact on British history and world history as well. Published by Third Millennium in association with Lincoln Cathedral, this is a beautiful book with stunning illustrations and engrossing narrative. But more importantly, it is an impressive work of insight and scholarship. In this eight-hundredth anniversary of Magna Carta, it presents the story of a document which, throughout the centuries, has been an inspiration and a mentor for all those who love liberty and who value justice under the rule of law. Heading a team of five experts on Magna Carta, the author Nicholas Vincent is Professor of History at the University of East Anglia -- and is also, among his other credentials, a consultant on Magna Carta to the National Archives in Washington DC and joint curator of the British Library’s Magna Carta exhibition 2015. Reminding us that Magna Carta is the most famous
document in the history of England and perhaps the world, he points out that ‘it has been cited in parliamentary, congressional and constitutional debates more frequently than any other text, save only for the Christian Bible.’ In concise and fascinating detail, the book goes on to explain the many reasons why. The original purpose of the Charter in 1215 was to impose long needed reforms on the corrupt government of King John - and there’s a separate chapter by Professor Vincent on ‘the tyranny of King John’ who certainly was a tyrant with no redeeming qualities. ‘Hell itself is defiled by the presence of King John,’ said the famous thirteenth century monastic chronicler, Matthew Paris, writing in the 1240s. The book also features extensive descriptions of certain documents that preceded Magna Carta, notably the ‘Chancery Rolls’, which among other documentation, provide much evidence about the king’s system of imparting justice, and the influence and intimidation involved. It is interesting to note here that justice ‘could still be bought’ and that cases often went ahead only after ‘painful delays’, ‘themselves the result of ‘endless procedural complications, or the sheer difficulty of access to royal judges, either at Westminster or on the localities’. Unlike a number of other books published this year on Magna Carta, this book focuses first on the association of Magna Carta with Lincoln Cathedral and Castle. ‘Lincoln’ says the author, was ‘a natural destination for one of the first copies of the Charter sent throughout John’s kingdom in the summer of 1235, of which only four survive’. The commentary here repudiates those - including some lawyers - who dismiss Magna Carta as ‘a child of its time’ concerned only with the rights of a few barons. ‘They have ignored,’ insists the author, ‘the
Charter’s enduring statements against arbitrary power’ and ‘the principles of freedom under the law.’ If you are at all unsure about any of these points, buy the book and read for yourself one of its most useful features, the translation of the Great Charter’s actual text, with handy glossary - and note in the final chapter its impact in the twenty-first century when, unfortunately, the freedoms it upholds are continually under threat. Also have a look at Appendix 2, ‘The Magna Carta Sureties’ in which the twenty-five barons appointed in 1215 to enforce Magna Carta, are identified. (They were supported by almost 2,000 other knights.) Apart from being rather gorgeous to look at, this book is a valuable contribution to the general understanding of the significance of Magna Carta as a radical document, feared by tyrants everywhere and therefore a precious legacy for all humankind. Everybody - not just lawyers - should read it and a very good read it is.
WINNING YOUR BENEFIT APPEAL What you need to know by SIMON OSBORNE CHILD POVERTY ACTION GROUP ISBN: 978 1 90607 677 1 www.cpag.org.uk
A NEW AND IMPORTANT “HANDS ON” ADVICE HANDBOOK & GUIDE FOR SOCIAL SECURITY BENEFIT APPLICANTS FROM THE CHILD POVERTY ACTION GROUP (CPAG) An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
If you are appealing against a decision about your entitlement to social security benefit then this excellent practical guide from the Child Poverty Action Group (CPAG) is for you! The author, Simon Osborne, is a welfare rights worker at CPAG and he offers constructive advice on how to prepare, construct and present a successful appeal with essential practical guidance on how to win your appeal. There are not that many ‘hands-on’ books available for this type of appeal and the tactical tips provided will be of great use to applicants who may well be very much in awe of the entire process as many are vulnerable persons. The work also includes a
sample submission to make the process more understandable. It gives invaluable support to both applicants and advisers in this difficult area of welfare law and will be a great friend to the applicant. This title “Winning Your Benefit Appeal”, with the sub title “what you need to know” does just that. Like other CPAG titles covering all aspects of what are ‘difficult’ areas of welfare law has become well established and highly regarded. It makes a major and certainly vital contribution to the aims of the CPAG, which exists to ‘promotes action for the prevention and relief of poverty among children and families with children.’ Do read the introductory chapter which sets the scene on how to use this guide book: always check the rules which may affect you and find out about the procedures which can be confusing at first. Remember you do not have to be legally qualified to represent yourself so the book is easy to use, jargon-free with clear advice and useful examples.
There are seven main chapters in about 150 pages and they cover the following: an introduction; the appeals system; making an appeal; preparing your appeal; illness and disability appeals; the appeal hearing; after the appeal; and then a glossary. Thank you, Simon Osborne and CPAG, for maintaining these high levels of advice for your guides and handbooks for the vulnerable because they really do make the difference with how to avoid pitfalls and to maximize your chances of success on appeal.
The biggest single problem both for applicants looking for advice and for advisers is that the law determining benefit entitlements is both unnecessarily complex and frequently changing: a problem now covering many other areas of welfare law as well. Do look at the glossary of terms in Appendix 1 which we found most helpful.
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book reviews
THE GOLDEN AGE OF ARBITRATION DISPUTE RESOLUTION UNDER ELIZABETH I by DEREK ROEBUCK HOLO BOOKS/THE ARBITRATION PRESS, OXFORD ISBN: 978 0 95721 530 6 www.holobooks.co.uk www.centralbooks.com
CALLING ALL ARBITRATORS - YOUR PROFESSION IS NOTHING NEW An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers ‘Dispute resolution under Elizabeth I’ is to most readers, including lawyers, a rather startling subtitle for a book about arbitration. But here it is: a meticulously researched and actually un-putdownable discourse on how disputes, arguments and fights between warring parties were resolved in the sixteenth century during the reign of Elizabeth I. Fans of ‘Wolf Hall’ and other works of fiction about the Tudor period will quite possibly be shaken to the core by the facts, as revealed in this quite absorbing book, not to mention the variety of ways in which decisions were made and justice meted out. What is immediately impressive about the book, is the style and vigour with which author Derek Roebuck writes (which makes the book a rattling good read) and also, more importantly, the wealth of archival material and documentation from the Elizabethan period which he has painstakingly ferreted out and quoted extensively. It is fortunate for modern historians that those in government at the time of the first Elizabeth were so punctilious about writing almost everything down and
keeping records. There is nothing like the study of original source material for gaining a more accurate understanding of the realities of an historical period. ‘The archives of documents for these years relating to arbitration are voluminous,’ says the author, adding that ‘because of the richness of its archives, Elizabeth I’s government arbitration scheme dominates this book’. He also points out, however, that ‘the background to dispute resolution… throughout her reign was private arbitration, arranged by the parties and the chosen arbitrators with no government intervention.’ The book is divided into seven parts; all, you could argue, uniformly interesting. Particularly noteworthy is Part Two on public arbitration which contains a chapter on the Privy Council. ‘The Council was the Queen’s government,’ says the author, ‘travelling with her wherever she went’, usually around London. It also met in Greenwich, Richmond and Windsor and as far afield as Stanstead, Hertford Castle and St Albans. ‘Far’ in those days meant literally that, when the average journey on horseback covered about fifteen miles in a day. The Privy Council comprised nineteen of the Queen’s closest associates, including some familiar names: Sir William Cecil, Robert, Earl of Leicester, Sir Francis Walsingham and the then Chancellor of the Exchequer, Sir Walter Mildmay. Apparently no claim was too large or too small for its consideration. The claims heard in 1585, for example, included a dispute between town and gown in Oxford, and various other arguments over property and money. The Council even sat on Christmas Day. In 1596 there was a plea to the Lord Mayor in time of famine to moderate his diet so he could afford more poor relief.
But it was in 1588 that the Council had to deal with imminent invasion by the Spanish Armada. On 23 July it issued letters to several counties saying that ‘whereas the Spanish fleet has of late again been discovered on the seas, they are required to put the forces of the counties in readiness’ namely ‘levies, bullets, gunpowder, lances and beer.’ Only a few days later, the Council then found itself arbitrating in a family dispute between one Cecily Inglebert and her son. So many claims, so little time. One wonders how Elizabeth’s government coped, for the most part successfully, especially in the midst of crisis. ‘Elizabeth,’ says the author, should be given credit for what seems to modern eyes … to be a precocious government scheme for the resolution of disputes.’ Covering every conceivable aspect of dispute resolution, this is a lively and erudite exploration of a fascinating subject in an equally fascinating and well documented period in English history. The general public will love it - and lawyers in particular will note the links between arbitration (which then encompassed mediation) and the evolution of the English civil justice system. Arbitrators themselves will realise that arbitration as a means of resolving disputes, is certainly nothing new. The publication date is cited as at 2015.
THE FUTURES OF LEGAL EDUCATION AND THE LEGAL PROFESSION Edited by HILARY SOMMERLAD, SONIA
HARRIS-SHORT, STEVEN VAUGHAN AND RICHARD YOUNG HART PUBLISHING ISBN: 978 1 84946 655 4 www.hartpub.co.uk
FAR-REACHING AND DIVERSE STATEMENTS ON LEGAL EDUCATION FOR THE 21st CENTURY LAWYER This excellent collection of contributions about the current state of the legal profession, the re-shaping of services, and the way we train lawyers and judges for the 21st century is an essential read for any professional associated with legal services. Like all other areas of work, the legal profession faces a serious crossroads in the way we educate, train and perform our legal functions in the future. This is one of many books which have appeared in the last 18 months to cover the new landscape we face and it is one of the best for its clarity and far-reaching insights into how we are going to approach all aspects of legal matters in future with the massive IT changes and serious lack of training places in the next five years. The four editors, Hilary Sommerlad, Sonia HarrisShort, Steven Vaughan and Richard Young have brought together an array of high level contributors to help explain how the new legal education agenda is being set and the observations given are most helpful.
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Lawyers are witnessing an unprecedented transformation in both the profession and its legal education. With the Legal Services Act 2007 and then the Legal Aid, Sentencing and Punishment of Offenders Act 2012, both statutes have “enabled and necessitated dramatic structural changes to the profession, as well as impacting on its ethos and ethicality”. It is inevitable but the price being paid is a high one for the professionals as we re-consider how to go about our business in a changed working climate. The Legal Education and Training Review (LETR) referred to throughout the book promises a dramatic change to the provision of legal education, reflecting the shifting landscape of both the legal professional market and its service providers, and for Higher Education in general. What the contributors call “these transformative changes” will bring both exciting opportunities and challenges with which everyone involved in the law processes - from law lecturers, to senior partners in leading law firms, and not forgetting to the judiciary (see chapter 5) and family law provisions (see chapter 4) - must grapple with. This excellent edited collection on “The Futures of Legal Education and the Legal Profession” contains a selection of papers presented at the 2nd conference of CEPLER, Birmingham Law School’s Centre for Professional Legal Education and Research. The stated aim of the Conference which has been
followed up with this collection of essays has brought together leading academic scholars, senior figures from professional practice, policy-makers, and representatives of the regulatory authorities, to reflect on the key issues arising from this transformative moment and they give us a blueprint for the way forward. This collection of essays covers diverse ground, from curriculum development to professional theory, enriched and enhanced by the range of backgrounds and perspectives of its contributors. All the usual suspects, including cpd, are there although there is no detailed mention of pupillage but an interesting review of the content of the law degree! The final word comes from the editors who write that this book “forms part of a conversation that needs to take place between the state, the legal profession, legal educators, law students, users of legal services, and all those who care about the future of democracy and the rule of law.” All the eminent contributors have succeeded with their aim of explaining the new agenda so do read this book as its contents and comments will affect you!