Hampshire Legal Autumn 2015

HAMPSHIRE LEGAL AUTUMN 2015

JOURNAL OF THE HAMPSHIRE LAW SOCIETY www.hampshirelawsociety.co.uk

CONVEYANCING FOCUS Fixing The Roof While The Sun Shines (cover story)

Inside this issue:

› Happenings in Hampshire › Leaving a Legacy to Charity › Agricultural Law

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

CONTENTS 24

ADVERTISING AND FEATURES EDITOR Anna Woodhams GRAPHIC DESIGNER Neil Lloyd ACCOUNTS Joanne Casey MEDIA NO. 1408

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PUBLISHED October 2015

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© The Hampshire Incorporated Law Society Benham Publishing LEGAL NOTICE © Benham Publishing.

None of the editorial or photographs may be reproduced without prior written permission from the publishers. Benham Publishing would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of Benham Publishing. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press.

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

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

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.

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Members of the public should not seek to rely on anything published in this magazine in court but seek qualified Legal Advice.

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COVER INFORMATION The cover image from: © PIE - Property Information Exchange Ltd.

COPY DEADLINES Winter Spring Summer Autumn

6th January 2016 3rd April 2016 27th June 2016 7th October 2016

Members wishing to submit material please contact the Editor, Alison Plenderleith, before copy deadline.

Email: bdo@hampshirelawsociety.co.uk Anyone else wishing to advertise or submit editorial for publication in Hampshire Legal please contact Anna Woodhams before copy deadline.

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

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INTRODUCTION

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AGM

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CONTACTS

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HAPPENINGS IN HAMPSHIRE

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EDUCATION AND TRAINING

24 CONVEYANCING FOCUS

17 LEGACIES

27 NEWS

22 AGRICULTURAL LAW

28 MANAGEMENT 34 NOTICES

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Introduction

PRESIDENT’S REVIEW AUTUMN 2015 There has been much publicity recently regarding the Access to Justice campaign which was championed by Andrew Caplen, the immediate past president of the Law Society. Many considered that access was being limited solely on the basis of the reduction in the scope of legal aid.

In recent weeks however, the Government issued a consultation paper on the effect of the closure of many local court buildings and the relocation of business to centralised court centres. There is nothing however, in the paper to support the announcement over the weekend by the Lord Chief Justice, which asked ‘Can we not use ordinary rooms in public buildings to maintain local justice, and access to that local justice, whilst reserving the use of permanent, purpose built court buildings to larger towns and cities?’

Can we deduce that local justice is to be dispensed via video link from local council offices in the future, as this is where most of Hampshire’s front office police station enquiry desks are moving to? Whilst there may be some financial savings to be made by closing court buildings, this burden will be transferred to members of the public using the justice system.

SAALS (the Southern Area Association of Law Societies) have collated local opinion regarding the impact of the closures and submitted representations to the Government on behalf of HILS members.

The issuing of the new Crime Contracts has been further delayed from the 29 September until the 15 October. There

AGM Hampshire Law Society Annual General Meeting will take place on Tuesday 24 November 2015 at Botley Park Hotel.

The AGM will commence at 1700 and refreshments will be served from 1630.

Please kindly confirm if you will be attending so we can order refreshments.

Guests will then be able to obtain some free CPD “What future for the Legal

are currently 42 contracts in Hampshire for the delivery of criminal defence services reducing to 7 from January 2016 and this will restrict access to justice. The delay in the announcement is clearly causing additional stress and anxiety to those solicitors and firms involved in the tendering process. Hopefully by the time this edition of the magazine is published, the announcement will have been made.

Recently I was privileged to attend the national Family Law Awards ceremony in London. During conversations that evening, I was impressed by the enthusiasm and commitment of the many lawyers who not only work in a difficult area of law, but have the addition of

Profession?” This will be presented by Viv Williams. Viv is an accomplished and entertaining public speaker and has presented at numerous seminars and conferences. His experience has been in marketing and as a Managing Director of two floated plc companies. providing an invaluable practical management insight that applies to all professional firms. He has written two books on law firm management and is regularly interviewed by the Law Society Gazette on a host of topics; he also has a monthly column in the Solicitors Journal.

financial constraints and the threats of court closures to contend with. It confirmed my belief that by working together we can find solutions to the challenges facing the profession.

Preparations for the AGM are underway.

This year we have secured the attendance of Viv Williams, Chief Executive of the 360 Legal Group, whose presentation will attract CPD points. Free points for all who attend!

Ian Robinson, President

Following this at 1900 there will be a 3 course dinner at the same venue and we would be delighted if you can join us.

AGM sponsored by:

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Introduction

HAMPSHIRE LAW SOCIETY CONTACTS The following is an up-to-date list of committee members’ names and addresses and the sub committees to which they belong:

COMMITTEE MEMBERS AND SUB COMMITTEES EDUCATION & TRAINING

PRESIDENT

LAW SOCIETY COUNCIL MEMBERS

Ian Robinson Churchers Bolitho Way 13-18 Kings Terrace Portsmouth PO5 3AL DX 2205 Portsmouth Tel 023 9288 2001 Fax 023 9286 2831 Email irobinson@cbwsolicitors.co.uk

Mr Andrew Caplen (President)

VICE PRESIDENT Matthew Robbins Jasper Vincent 44 Queensway Southampton SO14 3GT DX 2005 Portsmouth Tel 023 8063 3225 Email mrobbins@jaspervincent.com

DEPUTY VICE PRESIDENT Russell Evans Resolve UK Summerlands House Botley Road Curdridge Southampton SO32 2DS Tel 01489 797073 Email russell.david@yahoo.co.uk

HONORARY SECRETARY Rod Hursthouse 10 Hudson Close Liphook Hampshire GU30 7UW Tel 01252 622122 Fax 01252 774409 Email rodhursthouse@btinternet.com

Heppenstalls 75 High Street Lymington SO41 9YY DX 34053 Lymington Tel 01590 689500 Email andrew.caplen@yahoo.co.uk Mr Razi Shah (North Hampshire) Appleby Shaw Trinity House 15a Trinity Place Windsor SL4 3AS DX 3830 Windsor Tel 01753 860606 Fax 01753 860620 Email rshah@applebyshaw.com Mr Nick Gurney-Champion (Residential conveyancing) Gurney-Champion & Co Champion House 104 Victoria Rd North Southsea PO5 1QE DX 117953 Portsmouth Central Tel 023 9282 1100 Fax 023 9282 0447 Email ngc@championlawyers.co.uk

ADMINISTRATOR

HONORARY TREASURER

Miss Nicola Jennings

Miss Rebecca Foley Churchers Bolitho Way 13-18 Kings Terrace Portsmouth PO5 3AL DX 2205 Portsmouth Tel 023 9288 2001 Fax 023 9286 2831 Email rfoley@cbwsolicitors.co.uk

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

IMMEDIATE PAST PRESIDENT Simon Whipple The Carers Legal Centre 109 Burley Rd Bransgore Christchurch BH23 8AY Tel 01425 674844 Mob 07740 432159 Email carerslegalcentre@googlemail.com

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BUSINESS DEVELOPMENT OFFICER

Anthony Harris (Chair) ajharris@clara.co.uk Kristina Colmer Katharine West Alison Plenderleith Nicola Jennings

LITIGATION & DISPUTES RESOLUTION Russell Evans (Chair) russell.david@yahoo.co.uk Wendy Hewstone (Co-opted) Steven Wood (Co-opted) Katharine West

MEMBERSHIP Charlotte Bromley (Chair) Cbromley@cbwsolicitors.co.uk Roderick Hursthouse Alison Plenderleith Deglan Rowe

NON CONTENTIOUS Nick Gurney Champion (Chair) ngc@championlawyers.co.uk Matthew Robbins Simon Whipple Mr A Seddon (Co-opted)

REGULATORY Adrienne Edgerley Harris (Chair) Adrienneedgerleyharris@gmail.com Roderick Hursthouse Nick Eve (Co-opted)

SOCIAL Kristina Colmer kcolmer@cbwsolicitors.co.uk Sarah Hallett (Co-opted)

COMPLAINTS Matthew Robbins mrobbins@jaspervincent.com

PUBLICITY Mo Aldridge (Chair) maldridge@jaspervincent.com Katharine West Matthew Robbins Alison Plenderleith Nicola Jennings

Mrs Alison Plenderleith 47 Salisbury Rd Fordingbridge SP6 1EH Tel 07429 523183 Email bdo@hampshirelawsociety.co.uk

OTHER COMMITTEE MEMBERS David Ankcorn Sue Carter Mike Russell-Smith Emilie Holland

Happenings in Hampshire

LAW SOCIETY COUNCIL MEETING SUMMARY: 22 SEPTEMBER 2015 First meeting of 2015-16 As Council came together for its first meeting of the 2015-16 year, it was pleased to record the arrival of eleven new members, for eight geographical seats and for the CPS seat and two of the Junior Lawyers' Division seats.

There was a busy agenda including consideration of the Law Society's strategy which is due to be finalised at the October Council meeting, as well as the usual updates on the approach the Law Society is taking to ongoing improvement of our internal controls and finance systems. The Law Society has been active on a wide range of fronts over the summer period and these were reported to Council in detail. (The CEO's Part 1 report is attached to the email covering this summary, for use as you may wish.)

Council signed off a key report on the impact of the UK's EU membership on English and Welsh law and legal services. This is designed to set out the issues clearly for members and a wider stakeholder audience.

Although the report has not yet been published, we will publishing it in due course and will let you have more information nearer the time.

Strategy development Work has been continuing to develop the Law Society's strategy, including extensive consultation with the membership of the profession, which closed on 11 September. Final versions of the strategy, a three-year high-level plan, and next year's business plan will be presented to Council in October. The emerging draft strategic aims are: • We will represent solicitors by speaking out for justice and on legal issues - focusing on our role as the authoritative voice of solicitors and the legal profession, being listened to by governments in England and Wales and internationally • We will promote the value of using a solicitor at home and abroad focusing on the benefits of individuals and businesses using solicitors' services, and on encouraging the best candidates to join the profession regardless of their background • We will support solicitors to develop their expertise and their businesses, irrespective of whether they work for themselves, in-house or for a law firm - helping solicitors prepare for the future, including the provision of accessible, relevant and highquality education and training, products, services, guidance and support.

KEY ACTIVITIES ON MAJOR ISSUES REPORTED TO COUNCIL Meeting with the Lord Chancellor The President and CEO have met with the Lord Chancellor and his team, discussing a range of issues including the rule of law and access to justice, raising our concerns about the impact of recent reforms such as the raising of court and tribunal fees and the criminal court charge. We stressed the importance of ensuring the availability of expert legal advice at an early stage and how this can reduce costs that would otherwise be incurred later.

Criminal Legal Aid industrial action In response to the decision by a number of firms to decline to take on legal aid work in protest at the new reduced rates in July and August, and at the 'two-tier' system, the Law Society maintained the position that, although we fully understand the strength of feeling, it would be unlawful for us to encourage or condone strike action, since we are not a trade union. However, we have continued to raise our concerns through political channels, and to meet with the Practitioner Groups to discuss what support we can provide.

We are also developing a package of support measures for criminal practitioners following the decisions over who will be awarded contracts.

Clinical negligence The Department of Health (DH) has begun a pre-consultation on proposal to introduce fixed costs in relation to criminal negligence claims for claimant solicitors, as part of which we hosted a focus group on 26 August at the Law Society, following a number of previous focus groups, and alongside a web-based survey to gauge the views of our members.

Pro bono work Faced with the Lord Chancellor's wish to encourage more pro bono work to be done by solicitors, we are undertaking a survey so that we can demonstrate the breadth of pro bono work undertaken by the profession.

We are also reviewing the existing regulatory barriers to pro bono work.

In addition, we are preparing a practice note for in-house solicitors making them aware of the regulatory constraints, and engaging with other professional bodies and key stakeholders.

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Happenings in Hampshire

PENNINGTONS MANCHES SAYS FAREWELL TO JONATHAN ROUSE AFTER 33 YEARS The partners and staff of Penningtons Manches’ Basingstoke office held a drinks reception to celebrate the career of Jonathan Rouse, a former dispute resolution partner, who has retired after 33 years with the firm. Held at the Hampshire Court Hotel, Chineham, the reception was attended by more than 50 of Jonathan’s colleagues, clients and local business connections.

Jonathan qualified in 1974, joined Penningtons Solicitors (then known as Ward Bowie Solicitors) in 1982, became a partner in 1986 and a consultant in 2010. When he joined the firm he covered all court related matters, including crime and was one of the founders of the Basingstoke Duty Solicitor Scheme. During his career he acted for a wide range of clients on their commercial and private affairs, including commercial litigation, employment disputes, debt collection, family law, and more recently specialised in licensing and property disputes. He was the Office Managing Partner for a number of years in the 1990s.

Locally he also became

renowned for acting as the intervention agent in law firm practices on behalf of the Law Society.

Pennington Manches partner, Charles Brooks, gave a farewell speech for Jonathan in which he said: “After a lifetime in the business community here in Basingstoke and North Hampshire, Jonathan’s presence will be sorely missed by his colleagues and clients alike, both for his experience and practical approach to dispute resolution, as well as his organisational skills and wholehearted attitude to representing the firm’s and our clients’ interests.”

CHURCHERS BOLITHO WAY WALK TO SUPPORT ACCESS TO JUSTICE An enthusiastic team of 6 from Churchers Bolitho Way donned their walking boots and participated in the 2015 Chichester Legal Walk in aid of Arun & Chichester, Havant and Central & South Sussex Citizens’ Advice Bureaux and Sussex Legal Services. The team completed the 10km sponsored walk on 8 September raising £620.00. They proudly crossed the finish line in just under 2 hours.

The purpose of the walk, which was led by Jonathan Smithers, President of The Law Society and Mr Justice Knowles QC CBE, was to raise funds to enable free local legal advice charities to provide help and support to the most vulnerable members of our society.

There remains a growing need for free legal advice. Government funding for advice centres has reduced and significant cuts to civil and criminal legal aid have hugely impacted those who need access to justice. Churchers Bolitho Way are extremely grateful to all those who sponsored them in their efforts to support this very worthy cause.

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Solicitor qualifies at Lamb Brooks Lamb Brooks solicitors in Basingstoke are pleased to announce that upon completing her training contract Kerry Brookes has qualified into the private client team.

Amanda Hayman, the head of the team said “We are very pleased that Kerry has decided to join our department. She has a good rapport with clients and will make a valuable addition to our busy team. Although she will be focusing on Court of Protection work, Kerry will also be drafting wills and Lasting Powers of Attorney and managing the administration of estates.”

Kerry said: “I’m really excited about my new role, and the contacts I’ve made through running Basingstoke Young Professionals have helped me make some good connections whilst also increasing my understanding of how I will benefit the people around me.”

Happenings in Hampshire

South East practice Family Law Partners expand into Hampshire with arrival of leading family expert Hazel Manktelows Family Law Partners has announced its expansion into Hampshire with the arrival of Hazel Manktelow, a highly respected and experienced family lawyer.

A specialist in family law, Hazel joins from a large Hampshire practice where she has built up a loyal client base in the region.

Hazel is a qualified mediator and a member of Resolution. She specialises in the financial issues that follow the breakdown of relationships, whether by separation, divorce, or dissolution of a Civil Partnership and Child Arrangement Orders for children. In addition to being accredited with Resolution, Hazel is an accredited mediator having achieved recognised status against national standards set by National Family Mediation.

EXPANSION FOR PRIVATE CLIENT TEAM AT TRETHOWANS Leading law firm Trethowans has strengthened its private client team with the appointment of Mihiri Gajraj as an associate based at the firm’s Southampton office.

Mihiri qualified as a solicitor in 2009 and her private client work includes drafting wills, trusts, tax planning, probate and powers of attorney.

“I take a holistic approach and work to find the best solution for a client,’’ said Mihiri who is a member of the Society of Trust and Estate Practioners (STEP) and sits on the local STEP committee. STEP is the worldwide professional association for those advising families across generations.

Mihiri is also a member of Solicitors for the Elderly (SFE), an independent, national organisation which provides specialist legal advice for older and vulnerable people, their families and carers.

Her appointment comes at a time for expansion for Trethowans which is set to merge its Southampton and Salisbury operations with Dorset-based

Dickinson Manser later this year.

“This is an exciting time to be joining Trethowans and I’m looking forward to being involved in developing the firm’s private client services throughout the region,’’ said Mihiri.

Away from the office Mihiri enjoys going to the theatre, reading and travelling.

Pictured: Hazel Manktelow

Hazel joins the Family Law Partners team on 16 October 2015 and will be the firm's leading expert in Hampshire, advising clients in Portchester, Haslemere, Waterlooville and the surrounding areas.

LEAP FROM SPLIT ROCK RAISES MORE MONEY FOR CANCER CHARITY Six members of QS Clarke & Son have overcome any fear of heights by abseiling down Split Rock in Cheddar Gorge in aid of their cancer charity.

The team have now raised over £600 towards their £1,000 target for the Ark Cancer Centre Charity.

Amy Satele, the instigator of the scheme said this was her most exciting challenge yet. “At one point, the instructor had to slow me down on my descent of the rock face - I was having so much fun! This was a really great way to raise money for this worthwhile charity and I’d like to thank all the team and everyone who has sponsored us so far.”

Their next challenge, which takes place on 14th November, is to take part in a gruelling nuclear race - a mudfilled 6k obstacle course.

The cancer centre is to be built in North Hampshire offering cancer treatment to local people. The Ark Cancer Centre Charity is raising £5 million towards a cancer centre, to be built by Hampshire Hospitals NHS Foundation Trust.

Photo: From left to right Claire Steele, Will Anderson, Melanie BataillardSamuel, Amy Satele, Emma Morris, Claire Redhead who leapt from Split Rock for charity this weekend.

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Happenings in Hampshire

CEO completes London to Paris cycle challenge Congratulations to Michelle Tatner, CEO of Dutton Gregory, for completing her first ever London to Paris charity cycle ride.

Michelle decided earlier this year to sign up for a new challenge and the cycle ride seemed right up her street! She chose to support the Alzheimer’s Society with the proceeds raised from her ride after losing a close family member who had been diagnosed with the condition.

my life! Being able to give something back to the Alzheimer’s Society has made it all worthwhile. I am so grateful to VC Venta Cycling Club for help with training and to everybody who sponsored me.

Who knows what challenge I shall attempt next?!”

The London to Paris bike ride saw Michelle in the saddle for up to 8 hours each day over a 4 day period. Michelle stated “This has been one of the hardest challenges of

For more information please contact Sue Murphy, Head of BD & Marketing at Dutton Gregory - 01962 624439 or at s.murphy@duttongregory.co.uk

Law firm warns Hampshire businesses: Review your customer contracts ahead of Consumer Rights Act 2015 Law firm Moore Blatch is warning consumer-facing businesses in Hampshire to review their customer sales contracts and check compliance ahead of the Consumer Rights Act, which comes into force on 1st October 2015 and will give consumers new rights in respect of faulty or not as described goods, services and digital content.

The Act replaces a number of laws with regard to business-to-consumer transactions and introduces two new areas of law - digital content, meaning new rights for consumers to get a repair or replacement of faulty digital content, such as online films, games, music downloads, and e-books; and rules on what should happen if a service is not provided with reasonable care and skill, or as agreed. Consumers will now have a clear right to demand that substandard services are redone or failing that receive a price reduction.

In addition, the Act updates existing laws on what a

business should do when goods are faulty, including a 30 day time period to return faulty goods and get a full refund. Before, there had not been a specific timeframe, just a 'reasonable time'.

Certain pre-contractual information provided by sales teams or in sales material may become an implied term of the contract so such information must be up-to-date and accurate to avoid claims for breach of such terms.

There will also be a clearly defined tiered structure setting out rights to a refund, repair or replacement of faulty goods, digital content and services.

Moore Blatch advises that businesses look to review their: • Sales contracts (including standard website and app terms); • Limitation of liability clauses, checking compliances and references to legislation; • Pre-contractual information (including notices and announcements); and • Cancellation and returns policies.

Sarah Crookall, associate solicitor, corporate and commercial, Moore Blatch, commented: “A lot of contractual paperwork and sales literature will have to be reviewed because of the new Consumer Rights Act, and it is important that businesses are careful and prepared for the new legislation. Also consumers will now have more rights to challenge terms and conditions which are not fair, or are hidden in the small print.”

Another addition to the Employment Department at Dutton Gregory Dutton Gregory is delighted to announce the arrival of Anthony Cooper as a Partner in the firm’s Employment Department.

Anthony has particular expertise in redundancy, unfair dismissal, discrimination, transfer of undertakings and Trade Union issues. He is an experienced advocate in employment tribunals and the Employment Appeal Tribunal.

Head of Employment, Mark Broad said “We are really pleased to welcome Anthony to Dutton Gregory. His strong reputation in the

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market place of providing practical solutions to employment law related business issues fits perfectly with the ethos of our department.”

The Employment Department at Dutton Gregory offers a comprehensive range of services in employment law and employee relations, with services available to businesses and private clients.

Pictured: Anthony Cooper

Happenings in Hampshire

TRETHOWANS MEETS NEW CLIENTS IN POOLE TO CELEBRATE MERGER Leading south coast law firm Trethowans has been meeting the clients of Dickinson Manser, the firm it will officially merge with in October.

At an event in Sandbanks to celebrate the two firms coming together, Trethowans managing partner Chris Whiteley said: "This merger represents an exciting new era for both firms.

“We are delighted to be joining forces with a leading firm in the Poole area which creates a major legal force in the region. The merged firm will have 27 partners and over 65 lawyers and act for many international and national household brand names and a variety of individual clients throughout the UK, from its offices in Southampton, Salisbury and Poole."

Dickinson Manser’s senior partner Gary Pick told the 80 guests: “I want to thank you, our clients, for your loyalty over many years and reassure you that our culture and high levels of service will remain the same. What will change is that we will now be able to offer a much more comprehensive range of services with greater depth of expertise for both business and individual clients. This merger is great news for all concerned.”

Dickinson Manser’s managing partner Mark Daniels said it would be a new chapter in the development of the firm and to mark the event he had commissioned

Results set the bells of success ringing at legal firm

a history of the practice whose beginnings could be traced back to 1768.

“It has been a fascinating exercise and we thought it would be interesting to relate our own history to local and wider world events. Around the time of our firm’s inception George III was on the throne; the American War of Independence was taking place and Napoleon Bonaparte was born in Corsica.”

Pictured: Graeme Quar with the gazelle statue he commissioned to mark the firm’s continuing successes.

Graeme Quar & Co is ringing the office bell of success - literally - after increasing turnover for the fifth successive year.

The firm has also reported an increase in new client work, indicating the business is growing in terms of its client base as well as financially.

The results, published this week, underpin Graeme Quar & Co’s established reputation as a firm focussed on sustainable growth, even during tough economic conditions.

Turnover has grown by six per cent in the past financial year, compared to an industry average of two or three per cent. Profit margins have also improved during the past year.

Graeme said: “We describe ourselves as a Gazelle company, which is a term that has been around for 30 years or more. It applies to companies that have rapid growth in terms of revenue, and this is something that describes both us and a large proportion of our clients.

“We are very proud to report our turnover for the previous 12 months shows we are still on track in terms of our growth plans.

“The foundation of our success is focussing on our specialist areas of legal work and continuing to strive to provide an awesome customer service.”

With around a third (30 per cent) of Graeme Quar & Co’s business coming from new instructions from new clients, the indications are clear that the way has been paved for a robust year ahead and beyond.

“That’s a healthy number for us,” explained Graeme.

“We are pleased to see that a lot of our work is from returning clients happy with how we’ve handled their commercial affairs in the past, but having a third made up of new clients assures us of our continued growth.”

Tennyson Chambers is established in Southampton A new specialist Commercial and Chancery Barristers Chambers.

Tennyson Chambers is located in serviced offices in Ocean Village in Southampton which was chosen for convenience of travel for clients from both Hampshire, the Isle of Wight (it is close to the ferry terminal for the Island), and surrounding counties but also so that it was located next to other major businesses in one of Southampton’s main central business districts.

Tennyson Chambers has access to conference facilities at 1 Fetter Lane EC4 about a couple of minutes’ walk

from the Rolls Building of the High Court which is also in Fetter Lane. Both London and Southampton office locations offer very smart conference facilities for clients and solicitors, and conferences can be arranged by appointment.

The legal practice areas covered include the full range of chancery and commercial subjects ranging from the private client work of wills, trusts, succession, and

probate to property, landlord and tenant, company and commercial law, insolvency, bankruptcy, and serious civil fraud/asset recovery work. Recruitment standards will be very high and no different than that found in Chancery Chambers in London. Membership is comprised of established practitioners who have practiced at the London Chancery or Commercial Bars as well as juniors to be trained within Tennyson.

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Happenings in Hampshire

DANCING DUO SET THE STAGE FOR SUCCESS BBC’s Strictly might be making the headlines, but in Hampshire the spotlight is shining on a mother and daughter team who are dancing their way to the next stage of their business.

Leigh and Alessandra Bushnell have been running Mandaleigh Dance School out of various community halls in the Fareham area for the past 35 years but now, thanks to the school’s continuing popularity with dancers of all ages, they have been able to open their very own studio.

Graeme Quar, founder of specialist commercial solicitors Graeme Quar & Co, helped the duo secure the lease on the new studio located in Fareham’s West Street, for an undisclosed amount.

He said: “Instructions such as this are always a pleasure, and I am looking forward to hearing about Leigh and Alessandra’s continued successes.”

The team have been busy renovating the school, including adding a floating floor to the main studio, and opened the school to pupils earlier this month.

Work has included renovating the exterior of the building as well as ensuring the interior is fit for the classes of dancers learning ballet, tap, modern, contemporary and street dance.

The dance school’s founder and principal, Leigh Bushnell, said: “We’re thrilled to be able to have a studio of our own for Mandaleigh after so long teaching in community halls and other venues around Fareham, and we’re very much looking forward to welcoming our pupils through its doors.

“It will be so beneficial for our dancers to have access to proper facilities such as a barre and mirrors, and we are sure our already-successful performances at the annual Arts Awards, which we take part in every year, will only achiever better and better results.

“We must also say thank you to Graeme for helping us achieve our dream of having our own studio.”

THE CHALLENGE TO LEGACY INCOME

by Michael Cash

Charities are under pressure to adopt a business-like approach to the management of their organisations whilst subject to increasing regulation and accountability - all under the watchful eye of the public and media.

Similarly to businesses, one of the challenges that charities face is how to preserve and forecast future income. For many charities, legacies are an essential source of income with some reliant on legacies to fund in excess of half their charitable work.

Challenges to wills can arise either in relation to the validity of the document or, as in the above case, certain categories of claimant can challenge an estate where reasonable financial provision has not been made for them.

The case of Illot v Mitson, in which three charities were bequeathed Melita Jackson’s £486,000 estate, has attracted considerable attention. Mrs Jackson's daughter successfully brought a claim against her mother’s estate and was recently awarded £164,000 of the estate. Some believe that the case may encourage similar claims and potentially undermine testamentary freedom. Unsurprisingly, this is concerning to charities that are reliant on legacy income and individuals who wish to leave a legacy to charity in their will.

Supporters can assist charities in defending claims of this nature and in projecting future income by communicating their intention to leave a legacy to a charity or charities and consenting to the charity keeping a record of this. A pattern of gifting and details of a long-standing relationship with a charity can provide evidence of the supporter’s intention that the charity is to benefit. This evidence was not available in the above case. Charities are aware that they cannot rely on the promise of a donor’s future income and that

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Pictured: Michael Cash, a partner in Penningtons Manches’ Basingstoke office.

the donor has freedom to alter his or her bequest. A will that is professionally drafted, together with clear instructions as to how it should be administered, is always preferable.

It is difficult for a charity to avoid a will dispute entirely but it will be in a better position to defend a claim and also project future income with some advanced warning.

Happenings in Hampshire

Dutton Gregory supporting Small Businesses Dutton Gregory is delighted to be sponsoring the Small Business category of the Venus Awards again in 2015.

The Venus Awards (dubbed the Working Women’s Oscars) celebrates women in business and at the gorgeous setting of Stewarts Garden Centre in Christchurch Sue Murphy, Head of Business Development & Marketing at Dutton Gregory, announced the finalists for the Small Business category this year.

The three lucky finalists are Dee Clayton of Simply Amazing Training, Michelle

Cheeseman of Munchkins Play Café and Melanie Thomsett of The Sensory Smart Store.

Sue Murphy said “We’re delighted to be sponsoring the Small Business Category again this year. The calibre of entry for 2015 was amongst the highest we have seen. Choosing only 3 people to go into the finals has been a really difficult task.”

The overall winner of the Small Business Category will be announced at the Venus Awards grand ceremony and dinner on Friday 18 September.

For more information on Venus Awards visit: www.venusawards.co.uk For more information on Dutton Gregory visit: www.duttongregory.co.uk

Moore Blatch advises the management team of Isle of Wight based Vikoma International in its acquisition by Agathos Moore Blatch’s specialist takeovers, mergers and acquisitions team, based in Southampton, has successfully advised on the acquisition of Isle of White based Vikoma International, one of the world’s leading providers of technology to clean up oil and chemical spills to investment specialists Agathos.

Vikoma International is based on the Isle of Wight and was founded by BP in 1967 after a major oil spill. The company is a world leader in the design and manufacture of oil and chemical pollution control systems.

Agathos is a London-based investment firm focused on investing in UK SMEs across a wide range of sectors.

The Agathos team will provide financial, strategic and operational support to the Vikoma management team,

which already has 90 years of collective industry experience under its belt.

Karen Lucas, MD, Vikoma International said: “This is a highly successful outcome for our company. Moore Blatch was able to pull together all the necessary experts at very short notice, enabling an acquisition that met the needs of all concerned.”

The Moore Blatch transaction team was led by Moore Blatch Partner and Solicitor Jeremy Over.

LARCOMES MAKE A BIG “SPLASH”

Celebrating Success: from left to right: Natalie Courage, Mark Tooley, Scott Binstead, Ray Gibbs, Dave Chadwick, Janice Ward, Ed Shackleton and Mathew Dixon.

Team Larcomes comprising of Natalie Courage, Mark Tooley, Janice Ward, Edward Shackleton, Scot Binstead, Dave Chadwick, Ray Gibbs and Matthew Dixon took to the cold waters for an early start at 8am on Saturday the 5th of September.

The team set off from Gilkicker point in Gosport to head off to Rye on the Isle of Wight and they swam a distance of just under 3 miles (a pretty long way just for a stick of rock)! Dodging the odd

National research indicates that there are approximately 3,000 young carers in Portsmouth looking after family members or supporting friends who due to illness, disability, a mental health problem or an addiction cannot cope without their support. Armed with this information, Larcomes LLP, winners of this year’s Hampshire Law Society “Small Law Firm of the Year Award”, decided to support the young carers group in Southsea by swimming the Solent to raise much needed funds on their behalf.

IOW ferry and cruise liners was all in a day’s work, as was swimming alongside massive jelly fish.

First out of the water was Mark Tooley at an impressive time of 1 hour 12 minutes, with Natalie Courage coming in a close second.

All monies raised will enable the young carers to arrange activities and days out and the monies currently stand at £5,129.22 (with the promise of

more to come). Please help to play a part to support this very worthwhile group of young people, by clicking on the link below to donate whatever you can https://localgiving.com/fundraising/larcomessolent swim or alternatively, please contact Natalie Courage on 023 9244 8137 or email: natalie.courage@larcomes.co.uk

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Happenings in Hampshire

VERISONA LAW MAKES WAVES ACROSS THE WORLD Three legal specialists from Portsmouth have had cause to leave their offices at 1000 Lakeside as client cases demanded they fly out to three different continents across the world.

Directors of legal firm, Verisona Law, have been working in Europe, Asia and the United States of America in order to progress a series of complex commercial cases.

Head of Corporate and Commercial, Mike Dyer, was the first to travel to Hartford in Connecticut, USA to attend a mediation hearing on behalf of worldwide satellite system suppliers Bentley Walker Ltd, who are based in Hayling Island.

‘The dispute involved a Canadian company who had contracted Bentley Walker to sell large segments of bandwidth from their satellite, principally in Africa and the Middle East,’ he explains. ‘Frequent outages and breakdowns in the service resulted in a dispute that was worth up to $1 million at trial, but was first submitted by consent to a mediation process led by a Judge of the

Connecticut Superior Court sitting in Rockville, Connecticut, the Honourable William H. Bright ‘

Finally, Director Tim Reynolds who leads the firm’s specialist team in Marine Law has been working in the city of Genoa in Italy.

‘Assisted by our US agent John Larson of attorneys ‘Reid and Reige of Hartford’, the mediation was very successful and a settlement was reached with terms that were very favourable to our client.’

‘The growing international flavour to our business is not only indicative of our progress as a firm in responding to new requests and opportunities presented by clients, but how the global marketplace is becoming an increasingly accessible market for all manner of legal firms to do business,’ says CEO Mark Day.

Meanwhile, Verisona Law’s Head of Insolvency and Business Recovery, Nick Oliver was flown to the Far East in order to assist in a complex dispute involving a large area of development land in Cambodia.

‘I attended a series of meetings and Court hearing in the capital Phnom Penh,’ says Nick. ‘It was a demanding case, but the trip proved worthwhile.’

‘Our Head of Family Law, Debbie Bulmer, also has an extensive network of international contacts when dealing with relationships that involve assets or interests in other countries, so we feel this is very much an important part of Verisona Law’s future.’

ILOTT V MITSON (HOW CAN YOUR WISHES IN A WILL BE DISALLOWED) On Monday, the Court of Appeal gave what the press are calling a 'landmark ruling' in the case of Ilott v Mitson.

Mrs Jackson died in 2004 at the age of 70 leaving a net estate worth £486,000. Her Will left a pecuniary legacy of £5,000 to the BBC Benevolent Fund and the remainder of her estate to three charities, of all whom she had no connection with during her lifetime (Blue Cross, RSPB and RSPCA).

Mrs Jackson left nothing to her daughter, Heather Ilott.

The facts of the case are that Heather's father died in June 1960 when Mrs Jackson was pregnant with Heather. He was an engineer with the BBC and died as a result of falling from a telegraph pole. His employer made a substantial payment to Mrs Jackson which she used to pay off the mortgage on the home. Heather was

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subsequently born in September 1960. Mrs Jackson brought her up as a single parent, working throughout to pay the bills.

was a factor that should be weighed in her favour, as it must have been partly intended for her.

Heather ran away from home at the age of 17 to live with, and later marry, Nicholas Ilott, with whom she went on to have five children. The Ilotts live on benefits in a housing association property and it was acknowledged by the Court that they live in obviously straitened and needy financial circumstances.

Lisa Moore of Larcomes Solicitors commented "The Ilott ruling is a step in a direction the Courts have been taking for some years now, and this ruling, whilst worrying for many people, has been heavily dependent upon the particular facts of this individual case".

The Court of Appeal held that for the charities, any money from this estate was a windfall and they awarded Heather Ilott £164,000, which is about one third of her mother's estate and enough to buy the house she is renting without damaging her entitlement to benefits. In part, this finding was because it was held that the matrimonial home equated to about half the estate and it was derived that the efforts of her father, rather than her mother

"It is crucial that if you make a Will which leaves a child or a member of your family disinherited for personal reasons, that you take advice from an experienced and qualified legal professional to ensure you understand the circumstances in which a Court may overturn your wishes. Equally, if you are a child who feels you have been unfairly treated by your parent's Will, you may be able to persuade a court to do something about that".

Education and Training

HAMPSHIRE INCORPORATED LAW SOCIETY 2015 - 2016 LECTURES Lectures are held at Chilworth Hilton Hotel, Southampton.

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

Date:

Tuesday 19 January 2016

Topic: Time: Venue:

Complex Property Transactions 1345 - 1645 Chilworth Hilton Hotel, Bracken Place, Chilworth, Southampton SO16 3NG

Speaker: Peter Reekie Peter Reekie is a Property Training Consultant with Penningtons and a Visiting Professor at the College of Law. He spent his time in private practice dealing with residential and commercial property work. He writes for publications and lectures extensively at property law conferences.

Complex property transactions HALF DAY COURSE - INTERMEDIATE LEVEL This course considers some of the problematic aspects of more complex transactions - principally those relating to small-scale developments or sales of part of land with development potential. It also considers some of the key drafting issues arising from the documentation that will be encountered. It will also be of interest to commercial practitioners who do not normally do development work.

• Overage • Conditional contracts - with particular reference to planning conditions • Options • Rights of pre-emption

2016 2 Feb

1345 – 1645

23 Feb March 22 March 26 April 10 May 17 May

1345 – 1645 1730 – 1900 1345 – 1645 1345 – 1645 1345 – 1645 1345 – 1645

7 June 21 June 5 July

1345 – 1645 1345 – 1645 1345 – 1645

Mr Ian Wheaton and Ms Katherine Henry Professor Lesley King 3 Paper Buildings Mr Paul Clark Judge Denzil Lush Mr Gary Self Mr Barnaby Large, Mr Edward Hurley and Ms Helen Nugent Judge Chris Simmonds Mr Richard Snape Mr Edward Denehan

Family Financial Update Recent Developments for Private Client Practitioners Proceeds of Crime Act Commercial Property Update Court of Protection Employment Law Update

Civil Litigation Update Family Law Update Conveyancing Update Property Lecture

21 January 2016

Financial update IFS will provide an update on critical financial issues affecting law firms Venue - Jasper Vincent Solicitors, Segensworth 18:00pm - 19:00pm – presented by IFS 11 February 2016

Planning: how to avoid being sued for £1.8m Earlier this year Bird & Bird were fined for failing in their duty of care to their client. They did not provide enough information on planning. This webinar will show you what to expect from a planning report so you can make your client aware of any potential risk HILS members Free - Non members £10 - presented by STL, 18:00pm - 19:00pm Southampton

For further details and booking form please see Hampshire Law Society Website www.hampshirelawsociety.co.uk Alternatively please contact the Administrator Nicola Jennings at administration@hampshirelawsociety.co.uk or plesae call 023 8044 7022 Hampshire Legal

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Education and Training

LECTURE DETAILS: Topic: Date: Time: Venue:

Family Financial Update

Tuesday 2 February 2016 1345 - 1645 Chilworth Hilton Hotel, Bracken Place, Chilworth, Southampton SO16 3NG Speaker: Ian Wheaton & Katherine Henry Key points: How many bites of the cherry Delay in financial remedy claims

Topic:

Topic: Date: Time: Venue:

Commercial Property Update 2016

Tuesday 22 March 2016 1345 - 1645 Chilworth Hilton Hotel, Bracken Place, Chilworth, Southampton SO16 3NG Speaker: Paul Clark Paul Clark has been a commercial property solicitor for over 40 years. He is an expert on many aspects of commercial property law and is a popular and engaging speaker Key points: In this afternoon session Paul Clark will deal with the following topical issues of interest to commercial property lawyers:

Recent Developments for Private Client Practitioners

Date: Time: Venue:

Tuesday 23 February 2016 1345 - 1645 Chilworth Hilton Hotel, Bracken Place, Chilworth, Southampton SO16 3NG Speaker: Professor Lesley King Professor Lesley King is Private Client Practice Head at the College of Law, Bloomsbury. She is co-author of Wills, Taxation and Administration: A Practical Guide and editor of the Probate Practitioners Handbook. She is the wills and probate columnist for the Law Society Gazette and writes and lectures extensively.

Key points: This session will provide a comprehensive review of current issues in Wills, Trusts and Tax. The precise content of this session will depend on developments over the next few months but will look at recent case law and statutes and examine the implications for private client practitioners.

The session will focus particularly on best practice and avoiding problems and pitfalls.

• significant cases of the past couple of years • where are we now with break clauses?

• a brief review of the Landlord & Tenant (Covenants) Act 1995, now 20 years old • an update on recent legislation and property tax • news from the Land Registry • more case law on drafting and interpretation of contracts

Pricing 1.5 hour lecture - £40.00 (Non Member £55.00) 3 hour lecture - £75.00 (Non Member £115) Members can take advantage of our new CPD Smart Scheme Book multiple places and receive greater discounts.

It is likely to include the implications for practitioners of the EU Succession Regulation and the new pension rules.

Reporting Accountants' requirements to be relaxed?

On 15 July the Solicitors Regulation Authority (SRA) Board announced that the existing “rigid” requirements on the submission of accountant’s reports are to be relaxed. If approved by the Legal Services Board, these changes would form part of version 15 of the SRA Handbook which goes live on 1 November 2015 and will apply to firms whose accounting period ends on or after that date.

The planned headline changes are: •

•

accountants will no longer need to qualify reports for trivial breaches of the rules but will instead be able to focus on risks to client money that a further tier of low risk firms will be exempt from the requirement to obtain an accountant’s report.

To enable the first of these changes, the SRA Accounts Rules will be amended to remove the current, very prescriptive Rule 39 and replace it with wording to the effect that the accountant should exercise professional judgement in adopting a

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suitable work programme to cover the tests and checks they consider appropriate.

To assist accountants with this, the SRA has issued draft guidance for reporting accountants on planning and completing their accountant’s report. The proposed wording for the new accountant’s report is also available on the SRA’s website.

The second change, exempting low risk firms from the requirement to have a report, will apply to firms with an average client balance of less than £10,000 and a

maximum account balance of £250,000 during the relevant accounting year.

The SRA is seeking views on the impact of these changes.

Looking further ahead The SRA has also confirmed that phase three of the planned reforms, designed to ensure regulation is proportionate and targeted, will commence in autumn 2015 and will involve a wider review of the Accounts Rules as a whole.

Legacies

Legacies to Charities There comes a point in every Private Client solicitor’s professional life when we have to advise our clients when including charities in their Wills.

Whether leaving money to charities accords with your own beliefs or not, the reality of the situation is that society is becoming a little more generous. For instance, the British Heart Foundation recently carried out a survey as to how many of us would leave money to charities in their Wills, and it transpired that almost 50% of us would leave money to charities.

The main benefits of leaving such monies to charities are that they are free of Inheritance Tax and, providing 10% of the net total of the estate is left to charities, then your client’s IHT liability charge will be reduced from that horrid 40% to that “easier on the eye” charge of 36%.

With the above in mind, below are some options available to practitioners when advising your clients: 1.

2.

3.

4.

Legacy that meets the 10% requirement; Discretionary Trust; Legacy with a letter of wishes; or Formula Legacy.

1. Legacy that meets the 10% requirement Where clients do not want to deal with the complexities of a Formula Legacy or a discretionary trust, a relatively straightforward option is to incorporate the legacies which expect to meet the 10% test.

their estate and does not want to give more to charities than required. In these respects, the testator can include the charities in the trust or can bestow such powers upon their Trustees to add them. As to the former, ensure that the trust includes charities and whether it would be beneficial to write a new letter of wishes. If the Will fails to mention charities, the Trustees may have to use their own discretion and include the charities on what they thought the deceased would have wanted.

3. Legacy with a letter of wishes The testator may wish to make a legacy to a nonexempt beneficiary with a letter of wishes accompanying the Will asking them to give part, or the entire, legacy to charity.

This will allow for some flexibility as the amount stated need not be more than is required to ensure that the exemption applies. This also extends to the testator’s ability to change their letter in the future.

Although the charities will receive the assets, it could be the case that not only the 10% test is not met, but the legacies mentioned may be over and above the threshold which may lead to a potential claim by the beneficiaries against the estate.

However, the disadvantage here is that there is uncertainty as to whether the 10% threshold will be realised. Furthermore, the recipient of the legacy is not under an obligation to give any monies to charities which may place the beneficiary in a difficult position.

2. Discretionary Trust A discretionary trust to deal with a charity under a testator’s Will is a good option, particularly where the testator is keen to reduce the potential charge against

4. Formula legacy This option will allow the testator to make clear whether the gift is contingent on the lower rate of IHT applying, or whether it is contingent upon the value of

a specified part of the estate. The testator would be able to specify a maximum or minimum value of the gift which only takes effect upon the second death (if married or in a civil partnership).

However, the size of the gift is always uncertain which may lead to complications when calculating its actual value, particularly as the final value of the estate has not yet been realised. the Trustees recalculating the gift several times as the amount will not be determined until the final value of the estate is realised.

The IHT Bill It is fair to say that the overriding objective when advising clients, when including charities in their Wills, is who foots the IHT bill; the exempt or non-exempt beneficiaries?

In these respects, ensure it is clear as to how the shares are to be calculated and discuss with the testator the options available to them. The testator may want a Re Benham type of clause to be adopted but, once the IHT consequences are explained, opt for a Re Ratcliffe clause, as this is a more attractive alternative in reaching the 10% test.

An alternative would be to leave a legacy of a fixed amount to either beneficiary with the residue passing to only one class thereafter. A potential banana skin here is that the size of the estate, relative to how much is required to be successful in claiming the charity exemption, is as clear as England winning the Rugby World Cup at the next time of asking.

In conclusion, it appears that the inclusion of charities is not a simple task as first thought. However, providing you are able to ascertain from the client what their wishes are and attempt to calculate the IHT burden at the time of making the Will, then there is good reason for you to look forward to a more restful sleep at night.

With Thanks to Clarke & Son

How to help your witnesses give their best evidence by James Kirby For too long, witnesses - other than experts or professionals - have been left frustrated by the experience of giving evidence. They don’t know it, but the rules of evidence are designed not only to elicit their evidence (in chief), but also to undermine it and indeed prevent it being given fully (in cross examination).

A good solicitor doesn’t have the time to explain to a client why examination in chief (if there is to be any) is based on open questions, but in cross examination they will face leading questions (whatever they are). They don’t have time to familiarise witnesses with court procedure, or help them face the rigours of examination.

best at the forthcoming trial” (Momodou, above).

But they also recognise the dangers of that being provided by those involved in the litigation, who know all the evidence in a case and could thus face allegations of “coaching”. A third-party, independent organisation is better placed to offer witness familiarisation courses, tailored to an individual’s needs, without danger of “contaminating” any trial or inquiry process.

Alison Saunders, the DPP, recently wrote that “witnesses often tell me that the fear of not knowing what is going to happen in court is often worse than the actual experience of giving evidence… the court process is about giving everyone the opportunity to give their best evidence”. Or as Lord Judge put it in Momodou [2005] EWCA Crim 177 “witnesses should not be disadvantaged by ignorance of the process, nor when they come to give evidence, taken by surprise at the way it works”.

With this in mind, The Best Evidence Company was formed earlier this year. We offer Witness Preparation Courses to help “ordinary” clients (not experts or professionals) give their best evidence, and not be thwarted by clever lawyers like me (I’ve done that often enough in the past). We explain procedure, presentation, how to withstand cross examination, and so on.

Our professional regulators - and the DPP and the Court of Appeal - now accept that it is appropriate for witnesses to receive “preparation for the experience of giving evidence, which assists the witness to give of his or her

The Best Evidence Company is in fact the culmination of 20 years of training and teaching: I was called to the Bar in 1994 and was a criminal defence advocate for many years. I was a member of the advocacy teaching team at

Pictured: James Kirby

Gray’s Inn until 2010. I have also helped solicitors preparing to become Recorders, and trained Higher Court Advocates in Hampshire. Moving on from practitioners, I have trained expert witnesses for the last 6 years, and more recently helped professionals such as HR managers and company directors prepare to give evidence.

It is now the turn of lay clients: we realise that they too deserve the kind of helpful preparation that was previously reserved for professional witnesses only. Your client deserves to be heard properly, deserves the chance to give his best evidence. Take a look at www.bestevidence.co.uk - we’d value your feedback, and the chance to help your clients give their best evidence.

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Legacies

The Royal Surrey County Hospital's Charitable Fund The Vision Our long term vision at the Royal Surrey County Hospital is to transform the health services in Surrey with the aim of creating a nationally and internationally recognised centre of clinical and academic excellence.

How will this be achieved?

This can only be achieved by working closely with other healthcare providers in the region and will help us to achieve the following: • • •

Specialist care closer to home Integration of care, teaching and research Becoming one of the top cancer centres in the UK

We wish to make certain that our services and care are enhanced in ways that are impossible to realise through traditional NHS funding alone and that is why we cannot do this without your help.

One of the best decisions you could make Once you have provided for your family and friends please consider remembering the Royal Surrey County Hospital in your will. This will help us to ensure we are able to offer the best possible patient care and medical treatment for generations to come.

Some great reasons to make a will • • • •

Family, friends and the cause you believe in will all benefit.

It will ensure your wishes are known and your intentions are carried out after death.

Being clear and precise, it will save your loved ones from unnecessary anxiety.

It could reduce inheritance tax - your solicitor can advise on current tax legislation.

The next step Writing a will is relatively straight forward.

However, it is always advisable to seek professional advice which can take you through the process and make sure

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everything is in order. If you decide to leave a legacy to the hospital please show your will writing professional our preferred wording.

Royal Surrey County Hospital Donations and legacies enable us to stay at the forefront of medical care providing state of the art equipment for treatment and research, improving facilities for patients, their families and for staff and staff training. Your gift could allow us to purchase equipment which goes beyond NHS provision. An example of this being stereotactic radiotherapy which is an advanced treatment available in only a few centres.

By remembering the Royal Surrey in your Will, your gift will help us improve care for thousands of local people.

Two ways to give 1

Pecuniary gift - you can choose to give a gift of a fixed amount of money 2 Residuary gift - you can choose to leave a share, or the whole, of what is left in your estate once you have provided for your loved ones.

If you would like to speak to someone in confidence please call the Fundraising Department at the Royal Surrey County Hospital on 01483 464146 or email rsc-tr.fundraising@nhs.net

Legacies

SBA - a good friend in times of need SBA The Solicitors’ Charity has been working at the heart of the profession for over 150 years to ensure that no solicitor is unsupported in times of need or crisis. Many Hampshire lawyers have known about the charity since the day they were admitted but for others, news that the profession has its own benevolent fund, run by and for solicitors and their families, is a complete surprise.

Nearly £200,000 to Hampshire lawyers and their families SBA’s core purpose is to relieve the financial hardship of solicitors, former solicitors and their dependants. In the last five years alone, SBA has distributed over £192,000 in outright grants and interest-free loans (usually secured) to Hampshire lawyers and their families.

Awards cover a wide range of essential everyday needs, including help with the basics, such as food, clothing and heating.

SBA can also help with one-off items, when boilers break down or roofs need repairing.

On occasion, we can take care of priority debts, if clearing them will bring household finances back on to a permanently even keel.

Help with career transition SBA now offers help with career transition as well as financial support. Solicitors who qualify under the financial criteria can join a three-month programme which offers holistic career, job search and wellbeing support via a professional consultancy. This is an

e-learning, portal-based service, backed up with one-to-one skype and telephone coaching. Where appropriate, SBA can also provide financial support during the programme, so that participants can really focus on their job search, rather than worry about day-to-day household finances.

Visit www.sba.org.uk for more information, telephone us in confidence on 020 8675 6440 or email sec@sba.org.uk

Help spread the word Despite being one of the best known of the legal charities, general awareness of what SBA can do to help - especially amongst younger solicitors and HR professionals - is still too low and we need our Hampshire colleagues to help spread the word. If you know someone who is finding it hard to cope, please mention SBA. If we can help, we will.

A legacy to the profession A gift in your Will can help SBA transform the future for many solicitors and their families.

Loved ones come first but a gift in your Will means you can leave a lasting legacy of support for those whose lives in the law have been spent helping other people.

Funding › Research › Cure

Give life through a legacy WE WILL USE YOUR LEGACY TO: › Improve the quality of life of those suffering with kidney disease › Finance equipment and research projects › Support research into the improved diagnosis and › › › ›

cure of end stage renal failure Improve the understanding of renal pathology Improve the care of renal patients Improve the treatment of renal disease Train and stimulate scientific, nursing and medical staff

Tel: 0208

296 3698

email: legacy@kidneyfund.org.uk website: www.kidneyfund.org.uk

South West Thames Kidney Fund, Renal Unit, St Helier Hospital, Carshalton, Surrey SM5 1AA

Charity Reg. No. 800952

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Legacies

Canine Care Card Some dog owners worry about 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 happy new homes.

Two such dogs are Poppy and Petal, a devoted duo who arrived at Dogs Trust Bridgend after their owner passed away unexpectedly.

Whilst the loveable pair were unable to be cared for by family members, Dogs Trust Bridgend was able provide them with a home away from home while they awaited their furrytale ending.

Dogs Trust never puts a healthy dog down, and works hard to match every dog with a responsible, loving owner. Currently being cared for by the staff at Dogs Trust Bridgend, Petal and Poppy are awaiting a loving new family to give them a second chance at happiness.

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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 Poppy, Petal 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”

Management News

Ahoy There!

The Legal Cup is a unique event; combining productive networking, constructive team building, raising funds for charity, learning a new skills and having lots of fun!

The Legal Cup is a unique event; combining productive networking, constructive team building, raising funds for charity, learning a new skills and having lots of fun!

If you are a forward thinking legal firm looking for new ways to network with industry peers and support your internal team development the Legal Cup could be perfect for you. Open exclusively for legal Industry professionals, each company enters a team (of between 7- 10 people) who sail together on a premium sailing yacht, racing against other teams from rival legal companies!

It doesn’t matter if you have never set foot on a yacht before, part of the entry package includes hire of a high-quality, fully commercially insured yacht with professional sailors on board to literally show you the ropes, so you can learn to sail and be an active crew member.

WINE OF THE SEASON with Conal Gregory, Master of Wine

Alternatively, if you own your own yacht you are welcome to enter it and bring your own crew.

Many Magic Circle and Silver Circle names were amongst the 19 teams who took part in 2015.

Bar Yacht Club and Allen & Overy were the two divisional Winners and Field Fisher, Linklaters and Ricoh were also on the podium.

The next chance to take part in the Legal Cup sailing regatta is 14-15 May 2016 and teams from Freshfields and Linklaters have already signed up!

If you would like to find out more the Legal Cup including who took part in 2015, see the event photos and download a booking form and price list please visit the event website www.britanniaevents.co.uk/ legal-cup

Law Society Special Offer...

2014 Jean Colin Pouilly Fume £75 per 6 pack, usually £16.99 per bottle.

2013 Sottano Seleccion Malbec £75 per 6 pack, usually £16.99 per bottle.

The white Burgundy district of Mâconnais tends to be overlooked but creates stunning value wines. Try the nutty, newly arrived 2014 Mâcon-Burgy ‘Les Trois Terroirs’ made by Olivier Fichet. He avoids oak entirely to ensure the clean fruit of the Chardonnay shines through. It can be safely cellared for up to three years. Lightly chilled, it accompanies fish and particularly shellfish well. £10.95 (Stone, Vine & Sun).

For a light autumnal red, be patriotic and enjoy an English vineyard wine. One of the best is Wickham Row Ash Red made mainly from Triomphe d’Alsace grapes. The vineyard was founded in 1984 at Shedfield near Southampton and now extends to seven hectares.

The 2014 has a bright cherry character, soft tannins and appealing balance. It is delicious with lamb, cured meats and cheeses. £10.99 (Waitrose online and in 23 branches).

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.

other great deals at our shops, call: 01293 771 305 or go online: www.thevineking.com Hampshire Legal

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Agricultural Law

R.A.B.I - the Royal Agricultural Benevolent Institution R.A.B.I - is a welfare charity which helps farming people in financial difficulty. Each year we support around 2,000 farming families and pay out around £2 million in grants.

Our farmers produce the food on which we depend and are the guardians of the countryside we enjoy. But the industry operates against a backdrop of constant and increasing pressure. For example, dairy farmers have been losing several pence on each and every litre of milk they produce; due to a substantial drop in the prices they are paid. And that’s since the Commission for Rural Communities found, in 2010, that one in four farming families live on or below the poverty line. It is typically a very proud community, but R.A.B.I’s experience is that a combination of factors and events can eventually take its toll on even the most resilient of farmers and farm workers. This is why we always encourage those with limited savings and low incomes to get in touch rather than suffer in silence.

Support is offered in confidence to people of all ages, and includes oneoff, emergency or regular payments, as well as the provision of essential

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Royal Agricultural Benevolent Institution

household items and disability equipment. For working farmers, R.A.B.I can also fund relief staff to help in a crisis, and training through our Gateway scheme. This helps struggling farming people to develop their skills so they can increase their income off-farm and support themselves. For the retired and disabled, we can also pay towards care home and home-help costs - and we run two residential homes of our own, in Suffolk and Somerset.

Our vital work is funded by both investment income and voluntary donations. Typically, money is raised at events arranged by county volunteer committees, businesses, community groups and our own fundraising staff; or donations come from charitable trusts and last but not least, gifts in wills. It’s thanks to a major legacy that we have been able to embark on a significant redevelopment of Manson House in Bury St Edmunds, one of our residential homes. But every gift, however small, helps us make a difference to farming people in need. We always say to our supporters: if the time is right and you are thinking of making a will, after taking care of loved ones, please consider helping R.A.B.I too.

We help farming families in financial difficulty.

Farmers produce the food we depend on and look after the countryside we enjoy. Yet one in four lives on or below the poverty line (Commission for Rural Communities, 2010).

Loved ones come first, but if your clients are able to leave our charity a gift in their will, however small, we promise we will value it highly and use it to change lives for the better.

Helpline: Website: General enquiries: Email:

0300 303 7373 www.rabi.org.uk 01865 724931 info@rabi.org.uk Charity Reg. No. 208858

Agricultural Legacies Law

In The Spotlight: Proprietary Estoppel There aren't many people who can tell you the price of a pint of milk. The estimated 10,000 dairy farmers in England and Wales can. They can also tell you the farmgate price and the cost of production. As the recent media coverage has highlighted, the dairy industry is in trouble as world markets have depressed the farmgate price to below the cost of production. The price of milk is influenced by such factors as the instigation of sanctions against Russia, the up scaling of milk production in Ireland and dairy units being built in China on an immense scale.

The majority of dairy farmers (or their families) own the freehold of the farm. When incomes are falling, it is little comfort to know that their capital assets have increased in value more than three fold over the past 10 years as land prices have spiralled from an average of £2,500 per acre to over £8,000 an acre.

Many farming families do not take a proper wage out of the business and are "employed" in the knowledge, or on the promise, that they will benefit from the capital, rather than the income. This is true of many farming families, not just in dairying.

It can, of course, be a source of conflict, particularly as the value of farmland now means that it is worth arguing about. In the last year, the High Court has ruled on two cases involving farming families in Wales, coincidentally both called Davies, which have once again thrown the doctrine of proprietary estoppel into the spotlight.

In the second Davies v Davies case ([2015] EWHC 1384), James (57) was one of five children. His father died in 1999. By wills made in 1999, the parents made substantially similar provisions in respect of the farm whereby it was left on trust for James until he reaches the age of 60 or dies earlier and subject thereto on trust to sell and divide the proceeds into five shares, one for each of the other four children with the fifth share for the James's children.

James's view was that the provision in the wills was contrary to oral promises made by his father and assented to by his mother. He said that verbal assurances had been made that if he worked on the farm it would eventually be left to him. The promises had been made over a period of 40 years, starting when he was 16 years old. In reliance upon those

assurances he decided to work on the farm rather than pursue a career as a police officer, and did so for long hours at low wages. James argued that as a consequence, the beneficial interest in the farm belonged to him as a result of the doctrine of proprietary estoppel. As is commonly the case, there was no documentary evidence in support of the promises and his mother did not recall them. The witness evidence given at trial was the determining factor.

In assessing the evidence and the estoppel claimed, the court referred to the comments of Lord Walker in Gillett v Holt [2001] Ch 210 in which he stated that the fundamental principle that equity is concerned to prevent unconscionable conduct permeates all elements of the doctrine of proprietary estoppel and the court is required to look at the matter in the round.

The judge in Davies ruled that the balance of probabilities favoured James's making the following findings on the evidence before him: • James's father had been keen to keep the farm in the family and James had been the most likely candidate to achieve this aim; • In later years, relations between James and his parents had deteriorated and the wills were drawn up during this period; • The "promises and conduct amounted to a clear thread which played a significant part to a greater or lesser extent, and reasonably so, in each of the important decisions which [James] made in relation to the farm"; • James had relied upon those promises and that conduct to his detriment; • Although there were countervailing benefits

Tim Price, NFU Mutual Rural Affairs Specialist

enjoyed by James to be taken into account, there was "a substantial balance of detriment" which would make it unconscionable to deny James an equity in the farm or to allow the provisions set out in the wills to take effect.

James was awarded a beneficial interest in the farm, with the exception of the bungalow. His siblings did not get anything. Some might say that was a fair outcome after years of working for low wages, giving some security in an uncertain industry. Others might take the view that it was a windfall, against the wishes of parents who had thought they were benefitting their children equally. What it does show is that estoppel cases are unpredictable, particularly when the claim is largely based upon witness testimony rather than documentary evidence. If a case is unpredictable it is less likely to settle.

There is a difficult balance faced by land owning families who have competing, often mutually exclusive aims: on the one hand, a real and genuine wish to try and achieve fairness between children and on the other, an understandable desire to see the legacy of a hard earned, lifetime's work continuing within the family for years to come. As is so often the case, family dynamics and relationships shifted over time and the impact of this can be significant.

Josie Edwards is a Solicitor at Michelmores LLP. Michelmores has the largest team of agricultural lawyers in the country, offering practical and commercial advice to landowners, farming businesses, landed estates, institutions and others with interests in land and the wider rural economy. www.michelmores.com

"However, in an increasingly competitive global market place it is more important than ever for farmers to be able to plan ahead and invest to keep at the forefront of technological and marketing developments.

Key findings are: 54% of owners have no succession plan 64% of respondents believe that a lack of succession planning is a threat to the future of the farm 46% have not made a plan because of the difficulty of raising the issue of who will take over the farm 33% said they had not planned because the farm could only support one successor In 28% or cases, the farmer had no plans to retire 24% of owners said they could not afford to retire 18% said they had not made plans because of family conflict 36% of farmers plan to pass the farm on to the eldest son 35% of owners planned to share the business amongst more than one child 14% of owners plan to pass on the business to a child who isn’t the eldest

"To research the challenges farmers face we have teamed up with Farmers’ Weekly - and the responses to our online survey of over 700 farmers confirms that this is a worrying problem, with potential to threaten the long-term viability of thousands of farms.

"We hope the survey findings will help farmers see a way ahead - and open up channels to discuss the thorny topic of succession with family members. It’s an issue which is all to easy to put off to another day - but failing to plan ahead could mean the present generation farming your land could be the last."

"At NFU Mutual we know that our members view farming as more than a business.

It’s a way of life for families who have often farmed for generations and involves family members of all ages.

"And because the running of the farm is so tightly woven into the fabric of the family, it can be very difficult for farmers to make long-term plans for the future of the farm, including who will eventually take over.

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Conveyancing Focus

Fixing The Roof While The Sun Shines As I write this ironically titled editorial the radio weather report has officially declared that a full months rain has just fallen in the last five hours across Dorset, Hampshire and much of the Thames Valley. Extreme and unforeseeable or highly likely and pretty much predictable approaching a Bank Holiday?

So with plenty of experience and a healthy dose of English cynicism, why are we surprised by and always unprepared for even gradual changes in circumstances. How many of us have sat back with cool drink in the sunshine and said ‘I must clean out that guttering this weekend’ then done nothing?

Conveyancing is not that different. Every year we see the peaks and troughs, the property market is steadily recovering with increased instructions and higher valuations but it’s by no means booming. On the surface this should be the perfect time to take a look at the roof and prepare for extreme and unforeseeable or highly likely and pretty much predictable.

Of course it’s well recognised that the collapse of the housing market put a huge strain on the conveyancing profession, many practitioners left the profession altogether (some never to return). Conveyancing is the bedrock of many law firms income streams but so rarely is its potential as a growth vehicle recognised deliberately developed.

In many firms, conveyancing is almost a loss leader. Fine if this is part of a conscious strategy, but irresponsible if it’s an un intended or unrecognised consequence.

Depressed fee levels are still the norm in many practices and as volumes of instructions increase, the need to keep up with the workload is preventing many Managing Partners and heads of department from recognising key issues affecting their firm’s profitability and productivity. They’re too busy driving the car to stop and put petrol in it.

Let’s look at a case in point.

Thomas Legal Group is a niche law firm specialising in property law. They are conveyancing experts dealing with all aspects of residential and commercial property conveyancing.

Like a lot of busy practices they didn’t realise they had an issue in terms of producing new quotations and converting enquiries into instructions.

By working with PIE and adopting MYFEES their team have increased conversion of enquiries to instructions from roughly 1/3 to

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more than 3/4 while increasing average fees by more than 10% per case. Step changes like this didn’t come over-night, but detailed Management Information accessible through MYFEES allowed Thomas Legal Group and PIE’s Legal Services Manager, to identify the most effective steps to move their business forward.

Simon Thomas; “Once we’d been using MYFEES for a while it became clear that we could confidently enable others to successfully provide conveyancing quotes within our business. There was no point in myself and my partners giving out quotes so we appointed a dedicated quotations administrator who was already working in sales and trained her in house as it was vital that she should live and breathe the Thomas Legal Group ethos of customer service excellence. MYFEES enabled us to tailor our quotes to portray our firm’s progressive and service focussed image”.

PIE have brought quite a number of other benefits to Thomas Legal Group.

“Before MYFEES it was very difficult to determine what changes to our pricing would do to our conversion rates or whether selling points such as ‘no completion, no fee’ were effective or not. Also although we had invested in our website, making it smart phone and tablet friendly, we couldn’t track leads generated from our website, so we didn’t know whether the site was generating business or not, with MYFEES all of that changed”.

Working with PIE isn’t just about technology and business development input; PIE share a passion for service excellence and customer care.

“PIE’s support service is absolute marvellous, we make it difficult for PIE as we are always looking to do things differently but you always manage to deliver”.

By the time this item goes to press it’s anyone’s guess what the weather will be doing. Thankfully for now, the property market is a bit more predictable and clearly some firms are taking a look at what they’re doing, how and why and recognising that there are painless cost effective measures that deliver fundamental business improvements without compromising quality and professionalism.

Simon Thomas is a founding Partner in Thomas Legal Group and heads up their London Office.

David Burrell is Legal Services Manager at PIE and Brighter Law Group. Contact: david.burrell@poweredbypie.co.uk 07977 348 348 Andy Watson is Channel Development Director at Property Information Exchange and Brighter Law Group.Contact: andy.watson@poweredbypie.co.uk 01189 769 479

Conveyancing Focus

When change is not a good thing - Planning This year’s Housing Bill intensified the focus on housing supply, and for good reason: if we are to reach the required number of new dwellings a lot of land needs to be found and a lot of property needs to be built. Indeed, according to the Barker Housing Review, 250,000 new dwellings need to be found per year. This increases the risk of development threatening your client’s investment, the surroundings, the view and potentially the value. This remains an issue whether it relates to a residential property or a commercial development.

In the race to try and achieve this magic number there has been a marked increase in the change of use applications to convert office blocks to multiple apartments. However, commercial conveyancers and their clients must take care on the setting and suitability of their proposals. Paul Addison, Managing Director of DevAssist, who provide professional opinions on planning reports, says: “There is a clear need to understand the issues before the costs start to mount”.

Case study - Hampshire This planning application was lost on appeal. It concerned plans to redevelop three office buildings, within a conservation area, as 24 flats. Whilst the number of flats proposed was nothing out of the ordinary, the impact of the scheme on its surroundings was considered to be a problem.

The removal of trees to accommodate car parking and the scale of development on a part rural, part brownfield plot would make it considerably more visible than the existing buildings. It was considered to give the site an urban appearance. There was little development within the conservation area and it was considered that this scheme would not contribute to the character of the locality. The architecture of the village in which the site sat was built in the Arts and Crafts style, fashionable between 1800 and 1910, and the design failed to reflect this.

In addition, the site was designated as having a significant flood risk and alternatives had not been assessed in response to this. Indeed, the removal of trees could lead to potential harm to

biodiversity, given the proximity to a Site of Importance for Nature Conservation (SINC).

Understanding the context is at the heart of a successful planning application. STL is delighted to offer commercial conveyancers the DevAcquire report, which ensures your client understands the opportunities or restrictions that could impact on their potential investment.

The report scans up to 75m beyond the full perimeter for sites up to 50 acres. It assesses land use zoning restrictions or past activity, permissions or refusals that signpost sensitivity for commercial development and also includes change of use. Knowing up front, allows your client to review the risk and/or the reward on the asset.

Next steps For more information on any of the interpreted planning and development risk reports from DevAssist, call STL on 0800 318611 or email info@stlgroup.co.uk

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Conveyancing Focus

Technology in Conveyancing Opportunity or Threat?

The technology revolution is transforming conveyancing, from big ideas such as the Land Registry’s ambitious plans for the digitisation of Local Land Charges to online chain management and electronic transactions. What does this changing landscape mean for conveyancers?

With such high value transactions the conveyancing profession is finding itself under attack from cyber criminals who are targeting the profession. Their methods are wide, varied and most importantly clever; they are obtaining mortgage funds by fraud and, as we have seen in this year’s SRA Risk Outlook, the creation of cloned vendor firms (bogus firms) to steal client’s money is a serious threat.

There is also now an expectation that conveyancers will utilise the range of IT services available to them to safeguard their client’s transaction. Professional negligence claims are on the increase and property solicitors are more likely than any other member of the profession to face a claim. Lack of awareness of the risk management and compliance services that are available in the modern era is not likely to be accepted as a defence when faced with a claim.

So what can conveyancers do to help themselves?

Firstly don’t panic! As the conveyancing world changes, it can easily seem daunting. However you don’t need to be particularly IT literate to compete and thrive in it.

Tony Clarke, Operations Director at Searchpoint explains why it is imperative that firms and conveyancers move with the times; “Conveyancing is a vibrant and dynamic area of the legal profession. There’s a lot of support and a range of IT based services that conveyancers can call upon to help mitigate risk and protect their clients.

Being aware of and employing these services shows that you have acted responsibly and with reasonable skill and care. Ignoring technology and the risk management tools that are available for conveyancing solicitors isn’t an option and could be the biggest risk of all.’

Website Security - First and foremost is the security of the online services that you use, how easy is it to hack and for criminals to gain access to your client’s information? There are two quick ways for you to test this; does the website address begin with https and show a locked padlock before the web address? If so then the website is secure and uses encrypted data making it harder to get into. Secondly you should have a password to gain access. This password should not be visible to anyone including the owners of the website. You can test this yourself by phoning your service provider and asking for your password, if they are able to give it to you then it is recorded somewhere which means it can be obtained and used fraudulently.

Vendor Firm Clones - Lawyer Checker is a commercially available service, with a database which determines whether the bank account searched against has a track record of successful use within conveyancing. Although acting innocently the results of being duped by a bogus law firm could be devastating for a firm including removal from lenders panels, stress, distraction and brand damage.

Electronic AML Checks - These are an excellent way to support your Customer Due Diligence and help ensure you are meeting your obligations under the Money Laundering Regulations 2007. As well as matching personal data with recognised and reliable sources such as the Electoral Roll they also provide matches against negative information sources such as mortality databases, PEPs and Sanctions Lists from all over the world.

planning applications, energy exploration schemes and infrastructure projects.

Searchpoint are the leaders in this type of screening, providing you with a report which you can give to your client. The report details the hazards that have been screened for with the results in a traffic light format. This shows thorough screening on behalf of the solicitor but also provides protection, as it is up to the client if they wish to order additional searches, the solicitor has done their bit in informing the client of the potential problem.

Auto Boundary Mapping - This is a new feature which is starting to appear on a number of search provider websites.

The freehold title boundary that surrounds a property is automatically shown when a case is created. This helps ensure the searches are ordered on the right property.

It can also save time when ordering searches as you don't have to find and attach a boundary plan. instead you have the option to select the freehold boundary as registered at Land Registry via an interactive map.

Tony Clarke - is Operations Director of Searchpoint, an online search partner.

More information can be found at www.searchpoint.co.uk

Search Alerts - These are widely available and used by most online search providers. A property is screened against various databases to reveal if a hazard is present, which could affect your clients purchase. These include hazards which you may not be aware of such as;

Proactive, Professional, Problem Solving.

Searchpoint provides a comprehensive range of conveyancing searches, insurance products and compliance tools for the conveyancing professional.

T. 0845 680 5608 l E. enquiries@searchpoint.co.uk l www.searchpoint.co.uk

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News

Air Quality - a ticking time bomb for commercial property and land developers?

• Landmark launches SiteSolutions Air Quality Screening Report to provide vital intelligence for commercial planning applications and conveyancing due-diligence • First risk screening report to identify non-compliant areas to help commercial developers avoid planning constraints related to air quality • New Defra consultation, published on 12 September, emphasises the central role of local authorities in achieving improvements in air quality, and suggests ways in which nitrogen dioxide levels could be reduced With Local Authorities facing greater pressure to tackle localised air pollution issues following the publication of a new Air Quality consultation paper by Defra, Landmark Information Group, the UK’s leading supplier of digital mapping, property and environmental risk information, has today announced the launch of the UK’s first conveyanceready air quality screening report. The SiteSolutions Air Quality Screening Report identifies ‘non-compliant’ areas - both now and in the future - and helps commercial property developers, investors and conveyancing professionals in determining air quality risks related to land or property assets.

For areas where pollutants exceed national objectives, local authorities designate an ‘Air Quality Management Area’ (AQMA). Currently there are over 580 AQMAs located across 239 Local Authorities, which cover a total area of 3,600km2. By being located within an AQMA, it automatically places greater scrutiny - and potential costs or delays - onto commercial planning applications or redevelopments, where air quality will need to be factored in to the process.

Confirms Angela Gordon Lennox , Legal Product Manager at Landmark Information Group: “As far as I am concerned, the topic of Air Quality relating to commercial land, properties and subsequent planning applications is a ticking time bomb: the Government is currently working on a major new strategy to tackle the UK’s air pollution after the Supreme Court ruled it was in breach of air quality regulations, and as such, Local Authorities have a responsibility to review and control air quality. For commercial developers, land owners and investors, this means air quality will become more of a consideration as

commercial planning applications will come under more intense scrutiny in this increasingly sensitive area.

Continues Angela: “Having access to risk screening data will therefore provide the intelligence needed so developers or investors are fully aware of their position – either prior to purchase via your conveyancer, or when applying for planning consent. For example, is the land or commercial property located within an AQMA, is air quality being measured within the vicinity, what industrial emissions are nearby, and what is the future air quality anticipated to look like? By having this knowledge upfront, it will help developers make adjustments to their plans, to take into account the local authority’s air quality agenda, or even assist in avoiding the acquisition of ‘stranded assets’ due to planning constraints in the first place.”

Major towns that are entirely covered by AQMA include Liverpool, Birmingham, Sheffield, Coventry, Oxford, Glasgow and most of London. Other large towns such as Manchester, Edinburgh and Bristol have AQMA covering the road network and smaller localised areas. Within the last month, more AQMAs have been announced, including two in Bedfordshire, plus an increased boundary around Edinburgh.

Working with industry specialists, Aeris, Landmark has introduced the first air quality screening report to the commercial conveyancing and property market. The SiteSolutions Air Quality Screening Report provides an early warning of any current or future atmospheric pollution issues that have the potential to impact the value of the property or result in planning restrictions or constraints.

Commenting on the launch of the report, Stephen Mills, Director of Aeris said: “Air quality is an important consideration in every commercial property transaction, as it could ultimately have a material impact on the operational use or future development of the site. We have seen many examples where planning applications have had to be adapted, changed or not progressed as a result of Air Quality issues. The new SiteSolutions Air Quality report from Landmark assesses the impact of poor air quality on a commercial property now and in the future, and provides developers, investors and commercial property conveyancers with access to valuable due diligence that can be relied upon.”

What the SiteSolutions Air Quality Screening Report Includes: • Air Quality Management Areas: Details the existence of any AQMAs within 500m of the site, which are highly likely to have an impact on the future use or enjoyment of the site; this information may be considered as part of any planning decisions made by the Local Authority.

• Air Quality Monitoring Stations: Highlights if air is being monitored within 500 metres of the site in question.

• Local Emissions Sources: The UK National Atmospheric Emissions Inventory collates annual pollutant emission information from a wide range of sources. The report provides details of any relevant known emission sources within 500m of the site, including the recorded pollutant and emission levels in relation to national average emissions.

• Predicted Air Quality Issues: Modelled legislated limits and forecast air quality provides an indication as to whether poor air quality is likely to become an important consideration for the site in years to come, which may lead to costs or restrictions on site use.

Exciting Networking and Training Opportunities for Junior Lawyers The new membership year is upon us for the South Hampshire Junior Lawyers Division (SHJLD) so there seems to be no better time for junior lawyers to throw themselves into the exciting opportunities that the SHJLD offers.

The JLD was set up as a specific group within the Law Society to provide junior lawyers with support, advice, information and networking opportunities. Locally, the South Hampshire JLD aims to provide a varied programme of events which allows members to get to know their peers through a variety of social, sporting and educational training events. They also offer many opportunities for members to interact with young professionals from other industries to develop those all-important networking skills and forge business links.

You are welcome to become a SHJLD member if you are a: • Student studying the Post Graduate Diploma in law or Legal Practice Course;

• Trainee Solicitor; • Solicitor up to 5 years PQE; • Another category of Law Society enrolled student, for example, those looking for a training contract and working as paralegals; • ILEX professionals; or • Newly qualified Barristers or Pupils.

This year’s SHJLD committee is jointly chaired by Samantha Kerins and Amy Stamp. Samantha Kerins is a Paralegal at Bond Dickinson LLP specialising in retail property, after joining the firm in 2013. Samantha provides support to the Real Estate team and clients by undertaking a variety of transactional work alongside other post completion formalities, most commonly SDLT returns and Land Registry applications. Amy Stamp trained and qualified as a solicitor with Pitmans LLP and she undertakes a variety of commercial and residential property work. Amy commonly acts for a wide variety of clients in the sale and purchase of freehold and leasehold land.

Upcoming events that SHJLD members Pictured: Pictured: can look Samantha Kerins Amy Stamp forward to this year are new members’ drinks on 22 October, inter-professional bowling on 12 November and the popular Christmas Quiz on 3 December. The SHJLD also takes a key role in organising the eagerly awaited Solent Business Ball which is always well attended and enjoyed.

For further information about our upcoming events, to find out how to become a member of the SHJLD, or to simply sign up to our mailing list, please contact committee.shjld@gmail.com. The SHJLD is also pleased to offer joint membership with the Hampshire Law Society.

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Management

Getting Engaged The good, the bad and the future of digital interaction with government.

Five years ago, the government responded to a report by the then UK digital champion Martha Lane Fox by declaring that public services should be provided digitally by default.

The Government Digital Service (GDS) leads the digital transformation of UK government, with a digital by default remit.

Increasingly we expect everything to be available online. Already much of how we interact with the taxman either is or can be online. Other Government departments and agencies are catching up, with varying levels of success.

The good GDS has recently come to the end of its initial period during which a number of exemplars were tasked with introducing a digital service, the GDS reported that Register to Vote saw 4.3 million registrations. Your tax account has 1.5 million users. More than 70,000 drivers view their licence information online each month and Renew a patent online has seen a digital take-up of 94%.

In fact, a record-breaking 469,000 people registered to vote online in one day for the 2015 general election - as the deadline closed on 20 April.

The online Lasting Power of Attorney service went from no online presence to 15% of LPAs created using the online service and a 90% satisfaction rating for this brand new service in 18 months. A fantastic result considering the average age of a person making an LPA is 80 years old.

The bad Contrast that good news with the experience of Legal Aid lawyers trying to get to grips with CCMS, which becomes mandatory from February next year. The Legal Aid agency say “CCMS is an online system for civil and family legal aid providers and others assigned to work on their cases”. The Legal Action Group say

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by Sally Danby, Product Manager, Advanced Legal

“although some £31m of public money has been spent on CCMS over the past three years, it is not a bespoke product, designed to meet the needs of providers or clients”. Some reports put a much higher figure on the cost.

At its recent conference Jo Edwards, chair of the family group Resolution said “the system continues to be unstable… users can’t keep a record of what they’ve actually submitted… it is so slow, it can take 3 times as long as the paper process.”

The similarly beleaguered Rural Payments Agency (RPA), an executive agency of DEFRA, spent £154 million on a mandatory digital basic payments scheme, but due to significant ‘performance problems’ reverted to paper forms. A select committee criticized the agency for not paying enough attention to the needs of the users. The system features a painfully slow digital mapping tool, with a high proportion of users based in areas with no broadband access.

There are other examples, the public Accounts Committee chair investigating the project for a new GP data system said “Failed government IT projects have long been an expensive cliché and, sadly for the taxpayer and service user, this is no exception”.

The future It is telling that the projects showing broad success have been built in an agile way.

Small teams supported by GDS releasing iterations of their solutions, with real users trying it out along the way. Compare this to the big spend, big bang projects like CCMS and RPA basic payment scheme where little to nothing is seen until significant cash has been spent.

Returning to the speech made by Jo Edwards, she said “My message to the Legal Aid Agency today is simple - just because something works for you, doesn’t mean that it works.”

GDS recently looked back over the last two years’ transformation. They emphasised User needs, not government needs.

“We’ve done it by putting the user needs first.”

The difference might be something already well understood by those who sell digital services to customers - rather than mandating its use, the key is user engagement. It isn’t possible to build the right digital service without working closely with those who will use the service. And that doesn’t mean providing updates and presentations about what you are building, it means working with users on every step of the journey. It also means embracing the fact that customers come in all forms. A good system will take all stakeholders into account.

For this to work it needs users to get involved. We are all busy, but think of the often used argument for voting: if you don’t take part, can you really complain that you don’t like the outcome?

Remember that new recruits coming into your business may well be the most experienced tech users you have and will be well placed to embrace these changes.

Smart businesses harness that baked-in enthusiasm for the digital world, in preference to introducing them to the older kit that is still a familiar sight in some offices (try showing anyone under 25 a fax machine!).

Whilst the digital strategy is sold as bringing lots of benefits in our interaction with government, the cost savings that can be delivered are huge. The original strategy predicted over £1.7billion savings each year. It is clear this drive will only increase pace, and businesses need to be ready to make their own processes fit efficiently with the increasingly digital world. Don’t only react when this strategy affects your business, get involved early and benefit from the move to digital.

News

MANAGING THE DARK SIDE OF ARBITRATION

by Derek Wood QC

Resolving legal disputes by arbitration rather than by court proceedings has many well-advertised virtues. It provides for due process before an impartial tribunal leading to an enforceable award which is as much binding on the parties as a judgment by the court. If it is a domestic English or Welsh arbitration, the Arbitration Act 1996, in contrast with the increasingly bureaucratic Civil Procedure Rules, empowers arbitrators, sitting alone or in a panel of three, to adopt procedures suited to the circumstances of the parties and the case which are far more flexible and adaptable than are available in court. If it is an international arbitration it will in all probability be conducted under rules or protocols which are equally flexible.

The parties - or an institution on their behalf if they cannot agree - will choose the arbitrator. He or she is likely to be a respected person who is knowledgeable in the area of trade or business from which the dispute arises, and need not be a lawyer. The parties do not have to wait anxiously to find out the name of the judge who is going to try their case, only to be disappointed to find that he or she has no familiarity with the subject-matter - or to be told at the last minute that the case cannot be listed for hearing because of the pressure of other court business.

What is the problem? In short, it is time and cost. This is the dark side. Many arbitrations, despite the liberating measures in the 1996 Act, have turned out to be court litigation by another name. The whole laborious process of statements of case, disclosure of documents, expert meetings and exchange of witness statements rumbles on. Among litigation lawyers old habits die hard. And there is the extra mouth to feed: the arbitrator, with his or her fees and expenses. There is no taxpayerfunded judge sitting in taxpayer-funded premises in an arbitration.

An arbitrator will be engaged with the case from the start and will be monitoring it throughout. Dates for case management or final hearings can be relied upon. If the case proceeds to an oral hearing, that will take place in private, at a place which suits the parties. Much of the business will be carried on by e-mail or telephone or video link. Ultimately there may be no need for an oral hearing. The tribunal’s decision can be made on the basis of documents only, including the parties’ written submissions.

The rules of court, by contrast, do not permit any case, however much it may turn simply on agreed facts or documents, to proceed without an oral hearing.

Arbitrators’ fees are and always have been a conundrum. The principal rival models are hourly rate versus a percentage of the amount in issue. Neither is entirely satisfactory. All experienced lawyers know that there is no correlation between the time it takes to disentangle a dispute and the amount of money at stake. Both systems of charging can lead to high fees.

Opposing parties who find themselves in arbitration rather than in court are typically there because of an arbitration clause in a contract or similar document requiring them to refer their disputes to this method of resolution. Arbitration agreements regularly appear in standard form contracts. Yet, despite the merits of the process, many express dissatisfaction with it. Those who choose arbitration voluntarily, without a prior arbitration clause in place, are hard to find.

The arbitration community is bringing forward a new answer to these problems, exploiting the opportunities opened up by the 1996 Act but avoiding the pitfalls: the fast-track fixed-fee arbitration. Falcon Chambers Arbitration service (FCA) has produced a model, focusing on members’ expertise in real property disputes, which is not tied to the value in issue and eliminates hourly charges. It offers parties in dispute different options, depending on how much they wish to spend and how quickly they want the dispute resolved.

The eye-catching features are the 20-day and 40-day arbitrations, to be determined, if junior counsel is appointed as arbitrator, for fixed fees of £3,000 and £6,000 respectively. The 20-day arbitration is

conducted on documents-only contained in a single bundle of not more than 350 pages, including the parties’ submissions.

The arbitrator undertakes to use best endeavours to deliver an award within 20 days of receiving the bundle. The 40-day arbitration may involve up to three 350page bundles, and there may be a hearing.

The 40 days run from delivery of the bundle or the close of the hearing. If Queen’s Counsel is appointed the fee will be higher, but nevertheless fixed. An extra fixed fee is payable if the arbitrator has to deliver a separate award on costs.

The system is supported by a simple arbitration agreement entered into by the parties and their selected arbitrator, and by straightforward single-page standard directions, which can be amended to suit the case. Because the 1996 Act applies, party-autonomy predominates, subject to the underlying obligation of the arbitrator under section 33 to ensure a fair and effective disposal of the case; and elaborate protocols and procedural paperwork are dispensed with. There are fail-safe measures which can be taken if it becomes clear, as the case progresses, that the procedure needs to be reviewed.

The model has attracted wide interest. It has the potential to restore the reputation of arbitration as a speedy, cost-effective method of dispute-resolution, incentivising everyone involved in the process to bring cases to an early conclusion at a sensible cost.

Derek Wood is a member of Falcon Chambers, a Fellow of the Chartered Institute of Arbitrators and a Chartered Arbitrator.

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News

PENSIONS - ALL CHANGE Nothing is constant except change according to Heraclitus. It seems that this can always be said for government intervention in the pensions arena.

The current administration is no different believing that pensions should be a constant source for change.

This Summer's Budget introduced a wide ranging overhaul of the allowances and reliefs that would be available for clients within their pensions. These are summarised as follows:-

1. The Lifetime Allowance - This amount sets the maximum tax efficient limit of all pension benefits, is to be cut by 20% to £1 million with effect from the 6th April 2016. There will be some transitional protections for clients who are at or currently above this new limit.

2. The Annual Allowance - this is the tax efficient limit for total pension contributions for a Tax Year. There has been an adjustment in how high earner clients are to be granted tax relief from 6th April 2016. If you earn above £110,000 and your income when added together with pension contributions exceeds £150,000, then for every £2 earned over this amount, the annual allowance will be reduced by £1. A minimum annual allowance of £10,000 will continue to apply for all those earning above £210,000. Care needs to be taken here as there will be two types of income, threshold income and adjusted income. The key is that as long as the threshold income is below £110,000, then there will be no adjustment to the annual allowance and it will remain at £40,000 for the tax year concerned.

3. Pension Input Periods - The Chancellor decided to realign Pension Input Periods (PIP) (which determine the tax year to which a pension contribution relates). This meant that all PIPs irrespective when they were due to end, ended on the 8th July 2015 and the new PIP established on the 9th July 2015 will run until the 5th April 2016. This means that if you had already contributed your full allowance of £40,000 in the period up to 8th July 2015, then it may be possible for you to contribute up to another £40,000. For clarification on this area please speak to your Financial Adviser before the end of this Tax Year. This is especially important in the light of the introduction of the high earner test from 6th April 2016. It will no longer be possible to manipulate these periods to pay in further contributions.

4. The Government recently introduced a Consultation Paper entitled "Strengthening The Incentive To Save". According to Government figures, the gross cost of all pensions relief in 2013/14 came to £50Bn. To address this the Government are proposing the introduction of an ISA-type pension system, where tax relief as we know it, would be removed and replaced with a government top-up arrangement. The key aspect here is that pensions would cease to be tax relievable but become tax free when withdrawals are made. Industry has questioned the need for such action and if tax relief as we know needs to change, then the alternative flat rate relief system may well become the way forward.

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Given all of this uncertainty and change, it is little wonder clients remain cautious of relying solely on the pensions system for income in retirement. The pensions industry continues to strive for independent autonomy from the Government or at least an embargo on further change for at least a decade. This way clients and advisers alike would be able to plan their retirement futures without having to make rash decisions before deadlines or budget announcements.

As the Author Steven James says, "change is not always a good thing".

Steven Vallery - Business Development Director S4 Financial Limited - Contact: 0127634932 Jonathan Lochery - Director - I.P.M. SIPP Administration Limited - Contact: 08451303443

News

IP IS IMPORTANT - BUSINESSES KNOW THIS, BUT WHAT IS IT? WHY IS IT IMPORTANT? AND WHAT DOES SOMEONE WHO IS A CHARTERED PATENT AGENT/ATTORNEY HAVE TO DO WITH IT? IP is intellectual property. The term encompasses patents, registered trade marks and passing off, registered design and unregistered design rights, copyright and rights in confidential information. These are all rights of action in intangible property, to which the words “Industrial” and more particularly “intellectual” have become attached, because they embody intellectual effort. Often they are of great value.

IP is important because the right to stop abuse is usually in respect of key areas of a business. Trade mark registration can discourage competition from tasking a free ride on your reputation.

Design right can stop new designs being slavishly copied, patents can stop competitors from using ideas that required extensive R&D to bring to market.

Patent Attorneys skill is in getting their clients’ patents and their practice extends to designs, trademarks, know how, confidential information and beyond.

Patents are the most potent of the IP rights.

A patent is the right to prevent others from making and selling a patented invention defined in a patent specification by its “claims”. A patent is also a technical description of the features essential to the invention. A patent may be grated provided the invention is:

i) New ii) Inventive, i.e. not obvious to a person skilled in the field of the invention iii) Industrially applicable and there are patents in every manufacturing industry Trade marks embody the reputation and goodwill associated with a brand and the goods and /or services that brand sells.

Trade marks are tremendously important in commerce as they enable consumers to distinguish your brand and thus differentiate your goods/ services from those offered by your competitors.

Moreover, a registered trade mark enables you as a proprietor to actively enforce its rights against infringers and those seeking to use identical or confusingly similar marks. The registration process is relatively straightforward, applications in the UK are submitted with the Intellectual Property Office or the Office for Harmonization in the

European Union for a Community application. Provided that the application meets the requisite criteria for protection, the application is published in the relevant Trade Marks Journal for public scrutiny. If (and one always hopes) the application is not opposed, the trade mark will be granted registration and you will enjoy a monopolistic right for a period of 10 years, which can be renewed at 10 year intervals.

Direct client work is one of our core strengths. We endeavour to maintain strong relationships with our clients and take a hands on approach. This type of autonomous work ethic allows us to influence and drive IP strategy and ultimately ensure that our clients IP rights and its commercial value are safeguarded and preserved.

For more information please contact: 01730 823647

MAKE 1000 LAKESIDE THE DESTINATION FOR YOUR MEETING OR CONFERENCE IN 2015/16 As the stunning 1000 Lakeside North Harbour Portsmouth development continues to gain a reputation as the destination for business on the south coast, you too can experience the buzz by using the newly refurbished conference and meeting facilities to make your event an outstanding success.

Set in acres of amazing grounds with an impressive lake and magnificent wildlife, 1000 Lakeside, with its full height glazed atrium and licensed Real Cooking Café, offers a versatile all year round venue.

Three temperature controlled rooms, seating from 4 to 50 people, offers free wi-fi, white boards, flip charts and local telephone calls - and with catering and audio visual equipment available as an option, your meeting is guaranteed to be remembered for all the right reasons. Rooms are available by the hour or on a day delegate rate, which includes catering.

Karen Tyrrell, Lakeside’s Sales, Marketing and Client Liaison Manager says: “1000 Lakeside’s onsite conference team will ensure

your meeting goes perfectly. Having already set the room up to your brief, they’ll be on hand during the day should you have any last minute requests. Plus the Café and Atrium can provide light, airy and bright areas which can be used for registration or breakout space.

1/2 P rice Room

Dec & Ja s n

“With loads of free onsite parking and fabulous retail facilities, 1000 Lakeside is just minutes from junction 12 of the M27 and Cosham train station, making it one of the most accessible venues around.

We’re looking forward to welcoming businesses from around the area to our fabulous location.”

For more information call Carlly on 023 9231 3943 or email meet@lakesidenorthharbour.com

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News

AN INTERVIEW WITH THE SOLICITOR GENERAL: ROBERT BUCKLAND QC MP What the modern Solicitor General does as one of the two government law officers

By Phillip Taylor MBE, Richmond Green Chambers.

It seemed appropriate to find out a bit more about the work of the Solicitor General in the new government so I asked Robert Buckland for a profile interview to talk about his role, his hopes for the future and his experience as one of the younger members of the government. And this is the result!

As the newly re-appointed Solicitor General for England and Wales, he agreed to a profile interview after the General Election in May 2015 which has resulted in a majority Conservative government for some years, and also the possibility of some dramatic changes in the political landscape following this victory now that we have five-year parliaments. So what does the current Solicitor General actually do and who is he?

The Current Solicitor-General The current Solicitor is Robert Buckland QC, the Conservative MP for Swindon South who was first elected in 2010 having won the seat from the Labour Party. He succeeded Oliver Heald MP on 15th July 2014 which is St Swithin’s Day and we did discuss the issue of whether it was raining that day or not (it wasn’t). And, as it happened, I interviewed him one year later and it also did not rain so the omens looked good.

Buckland has fought a number of elections and by-elections in the past so he comes to Parliament with a substantial campaigning track-record. He is a well-known supporter of Britain’s membership of the European Union so that probably gives the reader a good indication at the outset of where he stands politically even if you read his parliamentary biography and see the range of interests mentioned. In the Commons he was elected as a member of the Justice Select Committee, and he chaired the allparty group on Autism between 2011 and 2014 amongst other matters. So it’s fair to say that he spent much of his backbench parliamentary life involved in legal matters prior to his appointment which is why he can to the Prime Minister’s attention.

My interview began with Buckland’s legal work prior to the new appointment. He practised as a barrister from 1992-2010 and specialised in criminal law, being appointed as a Recorder in the Crown Court in 2009.

He took silk in 2014 and is a Bencher of

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Inner Temple. As Solicitor General he does appear regularly in court as does the Attorney General although I did not explore specific cases during this profile interview.

The office of Solicitor General is a not well known office although he acts as deputy to the Attorney General who has the more prominent role. In fact little is really known of the role of the two Law Officers particularly that of the Solicitor so Robert more than obliged with a bit of its history which stretches back to Tudor times!

Most of us, as constitutional lawyers, will refer back to two books from our days as law students for a clue as to the role of the Law Officers: Rodney Brazier’s excellent and contemporary “Ministers of the Crown” (1997) and the even earlier, J Edwards “The Law Officers of the Crown” (1964).

The reality of these two appointments is now rather different as they appear to be the family lawyers for the ‘Government family’. Brazier describes the ancient offices as “ministerial in character” setting the date of the office of Solicitor-General from 1515 on the authority of no less a legal luminary than Sir William Anson in his definitive work “The Law and Custom of the Constitution” (1907). So that date is what we agreed in during the interview although we do not have anything more specific.

Law Officers as Active Politicians For some considerable time in the modern era the two government Law Officers are active politicians, albeit ones who are charged with these special ministerial duties which rank as most fascinating givers of legal advice to such a rare client (the Cabinet). Buckland’s office can be traced back to what is seen as its first recognised holder, Sir John Port around 1514-1515. Port was involved later in the trials of Thomas More and Anne Boleyn so the post is mostly Tudor in its early development. So, at the time of writing, the Solicitor is commemorating the anniversary of the creation of the role some 500 years

ago and I wished him a very happy anniversary.

What immediately becomes quite noticeable when interviewing Buckland is the approach which the Law Officers are required to adopt and have developed over the centuries. They have performed some delicate duties which have been devolved upon them: ‘tricky’ would appear to be the word.

Such duties have led to the need to achieve a balance between the political ticket they have been elected on in the Commons and the legal responsibility to give the government of the day ‘the bad news’ when the occasion demands it, which can be quite frequent without going into specific cases.

And this is where Robert Buckland comes in. He has that refreshing and enthusiastic approach to his work which is why David Cameron appointed him on that non-rainy St Swithin’s Day in 2014. Born in Llanelli, Robert was educated at Durham and Called to the Bar at Inner Temple at the same time as me, in 1991.

Buckland’s early years in practice were predominantly on the Wales and Chester Circuit with chambers in Swansea specialising in crime and he is a product of the new Bar Vocational Course which was introduced in 1989 which indicates what many of us as practitioners recognise as a ‘turn’ away from the older teaching and training methods for the Bar. And Buckland, coming from a legal background, is an enthusiastic supporter of the circuits and

News

the Inns of Court seeking an expanded role for the Inns in the future as he comes from a “new” Bar which loves communicating, and enjoys debating and analysing legal argument

Human Rights Reform The big question to be asked was inevitably about human rights and where we are today. Robert disclosed that he did go on strike with colleagues over legal aid cuts some years ago. He is well aware of the specific problems which we are continuing to face at the Criminal Bar and which any member of Counsel is aware today in practice. Both he and the Attorney are also very well aware of what we face in austere Britain. They have no power to do much about cuts even if they could do so. It says much for the Solicitor that he was quite frank with me about strikes over legal aid when many would duck the issue entirely.

And dealing effectively with the human rights issue really is about the ‘art of the possible’. Buckland did say in a speech on Human Rights Day last year that “my practice in South Wales was predominantly criminal legal aid, so the liberty of the individual lay at the heart of my work. I have been a human rights lawyer, like thousands of fellow barristers and solicitors, for nearly 25 years. It’s just that I didn’t think to call myself one!”

I am sure that this quote sums up what virtually all lawyers feel about the issue and

it was apparent that human rights reform will run for many months before we see new proposals from the incoming government.

The Solicitor’s Job Description The Solicitor provides support for the Attorney in a number of particular areas: superintendence of the Treasury Solicitor’s department, the CPS, the Service Prosecuting Authority, HM Crown Prosecuting Service Inspectorate and the SFO. Buckland also gives support on civil litigation and advice on civil law matters and the public interest function. What will be of interest to readers is that he does appear in court regularly with the ‘hands on’ approach and the post of the Solicitor is held by… a barrister… which is so British!

In fact there is a good reason for this because of the advocacy role of the Solicitor in the higher courts although any lawyer with higher rights could of course fulfil the role as I am sure all readers would probably agree.

The Development of Legal Apprenticeships The continuing development of legal apprenticeship schemes is an important policy for the law officers and continues after the Addleshaw Goddard initiative on offering higher apprenticeships. Buckland is a great communicator and has an infective enthusiasm for the Legal Trailblazer Apprenticeship scheme which is just the start of a new entry route to the profession.

The Inns of Court and the circuits and maintaining the traditions of the law are clear priorities for the Solicitor.

The Rise of Public Legal Education (PLE) With the end to a ‘legal aid for all’ culture which will not return in the foreseeable future, where do we go with the vexed question of ‘litigants in person’ which is raised at so many meetings today? The Solicitor confirmed his strong support for the continuing development of the “Public Legal Education” (PLE) which has an

important role to play in modern legal proceedings if access to justice is to be made available to all. PLE is being rolled out in welfare law although it would seem another main priority for the law officers during this Parliament and they are both young experienced men tasked to see it through whilst maintaining the rule of law which began 800 years ago at Runnymede.

The public are clearly well served by our current law officers and this point emerged firmly from the interview. If they do nothing else, they can act as a break on some of the more outrageous policies of the day pursued by the government which may cause legal difficulty although they remain to some extent ‘outsiders’ from the party political process because of their functions and approach which seems to me to be very healthy with a majority government.

It is astonishing that criticisms still surface from the usual suspects about new appointees emerging as complete unknowns to many on appointment but that’s the political process in practice- after all, who had heard of Margaret Thatcher or John Major as they emerged from the ministerial shadows to become party leaders? But that is the beauty of British politics, even spreading to issues of the Labour Party leadership.

So with the government’s law officers today who are both younger and established professionals do not have high public profiles (and probably shouldn’t have them) but they do very much represent the extremely high quality of talent now practising at the Bar which remains the envy of the world. So be it!

The conclusion is that both the Attorney and the Solicitor are two safe pairs of hands starting their new terms of office after their respective “political pupillages” under the coalition government and there will be the many hard cases to handle.

Both are excellent choices for this curious and demanding portfolio for the twenty-first century.

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Notices

RUTTERS SOLICITORS require experienced

GURNEY - CHAMPION & CO

RESIDENTIAL OR COMMERCIAL PROPERTY LAWYER

require experienced

Rutters is an established firm with a large client base and expanding Property Department. An excellent opportunity has arisen for a residential or commercial property lawyer.

Private Client Lawyer (part time) required for busy High Street practice in Portsmouth. Would suit a Solicitor or Legal Executive with some previous experience.

The position comes with genuine career prospects with a view to Head of Department and Partnership.

Experience in both residential and commercial property would be an advantage but is not essential.

Work includes, Wills, Estate Administration, Powers of Attorney, Deputyship Applications, and administering the affairs of elderly clients. This is ideally a part time position but would consider full time. The position is immediately available.

Salary negotiable and based upon experience.

Please contact James Wood email j.wood@rutterslaw.co.uk or telephone 01747 852377

LOCUM AVAILABLE FOR FAMILY / MATRIMONIAL WORK: Miss Vivien Manfield, Solicitor, admitted 1981, Resolution Accredited Family Specialist January 2006 - January 2011, based in Winchester, has been doing locum assignments since 1993 and is available for full or part time assignments. for more information and c.v.

Tel: 01962 853930 or email:

vivienmanfield@yahoo.co.uk

MISSING WILLS: Mr William Newell 2 Narrow Lane, Romsey, Southampton Dob: 27/12/1939 Dod: 7/9/2015 Mr Robert Sims dec’d 54 Kings road, Cowplain, Waterlooville The Will was dated 9/4/90 and made with Blaire Eaton & Jupe - it is believed that it was later transferred to Mortimer & co Southampton.

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PRIVATE CLIENT LAWYER (PART TIME)

Please apply with CV to Nick Gurney-Champion by email to: ngc@championlawyers.co.uk

BOURNEMOUTH PROPERTY LITIGATION SOLICITOR This is an excellent opportunity for an experienced Property Litigation Solicitor at a Legal 500 recommended firm for this work.

We value enthusiasm and commitment as well as ability and experience.

The ideal candidate will have at least 2 years experience, have undertaken good quality work, have good client care skills, and actively engage in business development.

Please apply in confidence to: Mark Timberlake Laceys Solicitors LLP 5 Poole Road, Bournemouth Dorset BH2 5QL or by email at m.timberlake@laceyssolicitors.co.uk

Visit our website for an up to date list of vacancies, www.hampshirelawsociety.co.uk/vacancies

To advertise on our website and in our quarterly magazine please contact Nicola Jennings administration@hampshirelawsociety.co.uk

Fees for advertising are £125.00 for members and £150.00 for non members.