HAMPSHIRE LEGAL WINTER 2016
JOURNAL OF THE HAMPSHIRE LAW SOCIETY www.hampshirelawsociety.co.uk
WINNING THE BID TO SUPPORT TEST VALLEY LEISURE SERVICES PROJECT by Penny Rinta-Suksi (cover story)
› Happenings in Hampshire › Clinical Negligence › Cyber Terrorism › Conveyancing Focus
Inside this issue:
ADVERT
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 5
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ADVERTISING AND FEATURES EDITOR Anna Woodhams GRAPHIC DESIGNER Neil Lloyd ACCOUNTS Joanne Casey MEDIA NO. 1451
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PUBLISHED January 2016
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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. 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: Penny Rinta-Suksi, Partner, Blake Morgan
COPY DEADLINES Spring Summer Autumn Winter
1st April 2016 27th June 2016 7th October 2016 6th January 2017
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
17 MANAGEMENT
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CONTACTS
18 LEGACIES
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HAPPENINGS IN HAMPSHIRE
20 CONVEYANCING FOCUS
12 EDUCATION & TRAINING
22 CLINICAL NEGLIGENCE
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NEWS
26 CYBER TERRORISM
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SOCIAL EVENTS & AWARDS
34 NOTICES
16 PROBATE
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Introduction
PRESIDENT’S REVIEW WINTER 2016 It hardly seems possible that I was elected as your President in November 2015 and that we are already approaching the end of January 2016. For those of you who attended the AGM, it was a good event, with increased numbers again on previous years and some good presentations by STL Group and Viv Williams of 360 Legal Group. It is really heartening to see more members of our Society engaging, as well as our sponsors. The year ahead is already looking to be a busy one. The Hampshire Law Society ski trip departs to Courmayeur on Thursday 04 February 2016 and for those of you who still want to come, it is not too late to book! This evening one of our sponsors Independent Financial Solutions are presenting “Cradle to Grave and Divorce in between” at the Solent Hotel in Whiteley, the social cocktail making has been booked for 03 March 2016, the President of the National Law Society (Jonathan Smithers) has kindly agreed to attend our Annual Dinner on Thursday 19 May 2016, our guest speaker at the Annual Dinner is Kevin Keegan, the Hampshire Law Society Summer
Barbeque event is going to be held on Sunday 10 July 2016 and the Hampshire Law Society Quiz takes place on 19 April 2016. Alongside all of this there are various Management Committee meetings, Main Committee meetings, responses to SRA Consultations, responding to members’ concerns and so on. Current membership stands at just over 900 and with some further engagement from all of you who are reading this article; it would be good to push numbers over the 1000 mark. This will then make us one of the strongest law societies in the country. The programme of greater engagement by Hampshire Law Society would not be possible, were it not for our sponsors and I would like to record our thanks to our current sponsors of IFS, JLT, Landmark, PIE and STL Group as their support is invaluable in seeing the re-invigoration of this Society.
Please do write to me if you have any concerns about any legal-related matters locally, regionally or indeed nationally. I am in the process of responding to members’ concerns in relation to Veyo and I have also dealt with another members’ concern regarding the increase in Court fees. It only remains for me to wish you a Happy New Year and I trust that in spite of all of the challenges our profession faces, it will be a successful one!
Matthew Robbins, President (21st January 2016)
LEGAL AWARDS AND ANNUAL DINNER 2016 19th May 2016 Following the huge success of the 2015 awards ceremony and annual dinner, this years event will take place on the 19 May at a prestigious venue in Hampshire. The choice of venue is currently between two top exciting venues and a firm decision will be made soon.
Awards will be presented as follows • • • • • •
Firm of the year (large) Firm of the year (small) Lawyer of the year Junior lawyer of the year Lawyers Bank of the year Lawyers Accountancy Firm of the year
An after dinner speech will be given by Kevin Keegan who needs no introduction. In an illustrious career Kevin made 321 appearances for Liverpool, and both captained and managed the national side. He also felt the lure of Hamburg and Newcastle (on many occasions) - and influenced the hairstyles of a generation. Kevin can entertain and inspire any audience, not just football fans.
Exciting opportunities exist to sponsor this event please contact Alison Plenderleith on 07429 523183 bdo@hampshirelawsociety.co.uk A local charity and the SBA will be the joint beneficiaries of the raffle. Full details on the awards criteria will be emailed to all members shortly.
If the 2015 event is anything to go by, the 2016 Dinner should provide an ideal opportunity to entertain guests and colleagues plus plenty of networking at a highly exciting and prestigious venue.
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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
Matthew Robbins Jasper Vincent 44 Queensway Southampton SO14 3GT DX 2005 Southampton Tel: 023 8063 3225 Mobile: 07812 082604 Email: mrobbins@jaspervincent.com
Andrew Caplen
VICE PRESIDENT
Razi Shah (North Hampshire)
Russell Evans Resolve UK Summerlands House Botley Road Curdridge Southampton SO32 2DS Tel: 01489 797073 Email: russell.david@yahoo.co.uk
DEPUTY VICE PRESIDENT Kristina Colmer Email: kricolmer@hotmail.com
HONORARY SECRETARY Rod Hursthouse 10 Hudson Close Liphook Hampshire GU30 7UW Tel: 01252 622122 Fax: 01252 774409 Email: rodhursthouse@btinternet.com
HONORARY TREASURER 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
IMMEDIATE PAST PRESIDENT 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
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Heppenstalls 75 High Street Lymington SO41 9YY DX 34053 Lymington Tel: 01590 689500 Email: andrew.caplen@yahoo.co.uk
Appleby Shaw Trinity House 15a Trinity Place Windsor SL4 3AS DX 3830 Windsor Tel: 01753 860606 Fax: 01753 860620 Email: rshah@applebyshaw.com 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 Nicola Jennings 92 Chessel Crescent Bitterne Southampton SO19 4BS DX 52766 Bitterne Tel: 023 8044 7022 Fax: 023 8044 7022 Email: administration@hampshirelawsociety.co.uk
BUSINESS DEVELOPMENT OFFICER Alison Plenderleith 47 Salisbury Rd Fordingbridge SP6 1EH Tel: 07429 523183 Email: bdo@hampshirelawsociety.co.uk
Anthony Harris (Chair) ajharris@clara.co.uk Kristina Colmer Katharine West Alison Plenderleith Nicola Jennings Joe Robertson
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 A Seddon (Co-opted)
REGULATORY Adrienne Edgerley Harris (Chair) Adrienneedgerleyharris@gmail.com Roderick Hursthouse Nick Eve
SOCIAL Emilie Holland emilieholland@qualitysolicitors.com Sarah Hallett (Co-opted) Charlotte Bromley Mo Aldridge
COMPLAINTS Russell Evans (Chair) russell.david@yahoo.co.uk
PR Joe Robertson
PUBLICITY Mo Aldridge (Chair) maldridge@jaspervincent.com Katharine West Kristina Colmer Alison Plenderleith Nicola Jennings
OTHER COMMITTEE MEMBERS David Ankcorn Sue Carter Mike Russell-Smith
Happenings in Hampshire
LAW SOCIETY COUNCIL MEETING SUMMARY: 9 DECEMBER 2015 Council's last meeting of the 2015 calendar year saw a busy programme of reports and papers. Council was glad to hear of the public launch of the Law Society's strategy which had been signed off in October and was launched in November through a wide variety of email, web-based and social media channels as well as hard copy. The strategic aims, which remain a key benchmark for Council decisions, are: • We will represent solicitors by speaking out for justice and on legal issues. • We will promote the value of using a solicitor at home and abroad. • 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. The review of the governance of the Law Society is now getting under way with several streams of preparatory work including identifying Council members to form a review working group. The Council agreed that the review would help ensure that the Law Society was able to deliver its strategy, representing, promoting and supporting the profession effectively, and to respond in a flexible and agile way to changes in the external environment.
Criminal legal aid and court issues Council discussed the concerns over the tender process run by the Legal Aid Agency (LAA). Legal proceedings have been issued in 69 of the 85 procurement areas, and an alliance of firms began judicial review proceedings on 12 November. The LAA has now accepted, at our urging, that the target date of 11 January 2016 for starting the new services is unrealistic. We are continuing pressure on the LAA's contingency plans to finalise these. We are also calling for an independent review of the tender process with a view to resolving the litigation as quickly as possible to end the current uncertainty. Council heard that the Society was calling for an independent review of the tender process and writing to Ministers to voice concerns, as well as raising them in meetings with the Justice Select Committee. This is in addition to a programme of support materials targeted directly at our members. Council was pleased to hear of the withdrawal of the proposals on the criminal courts charge, an issue the Law Society had lobbied hard to reverse and also noted the Society's strong response to the government's consultation on criminal advocacy, and our campaign, with others, against court closures.
Other activity to support the strategy Council heard about a range of other activity supporting the strategy. This included a discussion on legal
professional privilege in the digital age as part of our activity for the Opening of the Legal Year, and work to support our members in promoting access to justice by vulnerable clients. Council also heard about ways in which the Law Society is raising its game on targeted electronic communication with our members, and developing a new stakeholder relations strategy, to ensure that we are well placed to support and represent our members. Internationally, the President and colleagues attended the International Bar Association (IBA) conference, with the Society this year securing a record number of ten speaking slots at the main conference, and promoting the profession by holding stakeholder relationship meetings with global firms that are prominent in the IBA. Council also noted that since the last meeting the Law Society has made 26 responses to consultations or calls for evidence, showing significant thought leadership in our representative and influencing role. This is in addition to wide coverage of our report on the potential impact of a British exit from the EU.
Equality, diversity and inclusion
was marked by the Equal Pay practice note and toolkit. Council looks forward, at its next meeting, to considering the new 2016-2019 Equality and Diversity Framework which sets out plans for promoting equality, diversity and inclusion in the profession and in the Society's workforce.
Legal Practice Technologies (LPT) Council noted that it had been announced that the Society would not be making any further investment in Legal Practice Technologies, the joint venture company with our partners Mastek who were to deliver Veyo. As indicated, this was essentially because other software providers operating in the conveyancing market had been responding to our members’ needs and the cost and time taken to get a viable product to market would be too much. Faced with the reality that the market had developed significantly since we started to develop Veyo, the costs of continuing outweighed the benefit to our members. Council had the opportunity to discuss the decision in detail, and to consider how we should now develop our support for firms which undertake conveyancing.
Council noted a substantial programme of work, including a series of events in October and November for Black, Asian and Minority Ethnic members. The Black History Month inspiration evening was attended by over 200 people, with other events to support career development for BAME lawyers, as well as a celebration of the Hindu festival Diwali attended by 100 people. Equal Pay Day on 9 November
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Happenings in Hampshire
Growth for Southampton Law Firms Private Capital Team Clarke Willmott LLP has expanded its Private Capital offering in Southampton with the addition of Charlotte Bromley as a Court of Protection Solicitor. Charlotte advises and represents individuals in respect of Health and Welfare matters before the Court of Protection and specialises in the provision of advice pertaining to important welfare decisions, the Deprivation of Liberty Safeguards and applications before the Court of Protection pursuant to the Mental Capacity Act. Charlotte has a passion for advising the most vulnerable members of society and specialises in Mental Health and Mental
Capacity Act matters. Charlotte achieved accreditation by the Law Society’s Mental Health Scheme in April 2014, demonstrating her approved level of knowledge and expertise in this area of law. Charlotte qualified in July 2012 and has advocated before the Magistrates Court and the Country Court. She also has experience in public and private law Children Act matters and representing parents in a challenge of a local authority’s decision to remove a child. Clarke Willmott’s Southampton office has seen a host of new starters joining between November 2015 and January 2016. James Chaplin and Paul Bicknell joined as Solicitors in January within the Commercial Property and Intellectual Property teams respectively and Richard Swain joined the Corporate team as a Partner. There has also been a further addition to the Private Capital team with Jessica Johnston, who joined in November 2015 after working for a regional firm since 2009.
Photo: Jessica Johnston
Jessica is an Associate and specialises in inheritance tax planning, estate
Photo: Charlotte Bromley
administration and trust management. She has achieved the Society of Trust and Estate Practitioners (STEP) Diploma in Trusts and Estates which is the gold standard in the field. Her expertise includes preparation of tax efficient Wills and succession planning for families. Jessica is able to provide a full service in relation to the creation and administration of trusts, both arising as part of lifetime tax planning and on death. In addition to Jessica’s trust and tax planning work, she has experience dealing with the administration of complex and taxable estates including those with agricultural, business and foreign elements. Partner and Head of office Kelvin Balmont said; ‘We are delighted to welcome our new starters. The firm is thriving and we are excited to start 2016 with so much positive development within the Southampton office.
KEY APPOINTMENTS IN FAMILY TEAM FOR TRETHOWANS Leading regional law firm, Trethowans, has made two key appointments in its family team in recent months with the appointment of two new partners. Managing partner, Chris Whiteley, said the team is set to build on its expertise in this area of law with the appointment of Emma Wilders-Pratt and Juliet Mayhew as partners. “Family law is an increasingly important part of our business and we are committed to offering the very best legal advice to our clients,” said Chris. “We already have an extremely strong family team and the arrival of Emma and Juliet gives us the opportunity for further growth moving into the Winchester market as well as at our offices in Salisbury, Southampton and Poole.” Emma works in all areas of family law with a particular specialism in relationship breakdown, complex financial cases and
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acting for military personnel. She is a member of Resolution and is a trained collaborative lawyer and joined Trethowans from Parker Bullen where she was previously a partner. Juliet also joins from Parker Bullen and specialises in areas of relationship breakdown. Juliet is also a member of Resolution and trained mediator. Her experience in handling disputes relating to farm assets, trusts and inherited wealth will enable Juliet to work closely with Trethowans’ rural team with a wide range of legal issues.
Pictured (L-R) Juliet Mayhew, Andrew Mercer and Emma Wilders-Pratt.
“We are delighted to welcome Emma and Juliet to the team at an extremely exciting time for Trethowans,” said Chris. “Our merger with Dorset based Dickinson Manser has just completed and with three offices together now with, in addition, the ability to meet clients in Winchester, we are set to consolidate our position as a leading law firm in the south.”
Happenings in Hampshire
New legal secretary for leading commercial solicitor Leading commercial solicitors Graeme Quar & Co has welcomed a new legal PA to its team. Lesley Goosen, 57, was born in Wales but grew up in South Africa and Zimbabwe, and has around 30 years’ experience of working as a secretary within the legal profession. Lesley moved to Fareham nearly nine years ago, along with her husband of 38 years and three grown up children. Explaining the reason for her relocation, Lesley said: “My youngest daughter has learning difficulties and needs specialist education, which just isn’t available in Africa. “My son does motocross and had won championships in South Africa and Zambia. He needed to develop his skills so he wanted to move to the UK, and my eldest daughter wanted to go to college here to study hotel management. “Of course the political situation can sometimes be troubling, so we thought it would be a good idea for all of us to move to the UK.”
Lesley joined a legal firm in Portsmouth, where she worked for eight years, but when the chance came up to be Graeme Quar’s personal assistant, she decided the opportunity would help her move her career forward. She has taken over from Ann Ricketts, who was Graeme’s PA from when he set the business up at the Furzehall Farm Business Estate in Fareham 21 years ago, where it remains today. Ann remains with the business, working with other solicitors in the team. Lesley said: “I’m really enjoying it here. They’re all so friendly and welcoming, and it’s a lovely team to work with. On my first day my desk was decorated with balloons and they can given me a welcome card and chocolates. No other company I’ve ever worked for has ever done anything like that.” Graeme Quar says Lesley’s appointment has been a boost to the team.
He said: “For the past few months we have been incredibly busy with client work for both new and existing clients, and Lesley’s arrival has been a tremendous help to us all. “We are confident she is going to be a valuable asset to this firm, and to me.”
SOPHIE JOINS BANKING TEAM AT TRETHOWANS Leading regional law firm Trethowans is delighted to announce the appointment of a new banking partner Sophie Eales. Before joining Trethowans, Sophie was a key member of the banking team at Bond Dickinson where she worked for more than 10 years. Here she acted for major UK lenders and significant corporates, as well as undertaking a secondment with The Post Office. Sophie specialises in banking and finance work with the added benefit of having a good commercial awareness obtained during her time working directly with a client during her secondment. The UK guide to the legal profession, Chambers and Partners 2015, highlights Sophie as a notable practitioner, described by peers as ‘a good operator’, with clients saying she is easy to deal with. The guide
also recognises that she has particular expertise in acquisition finance matters. Sophie joins an already successful banking team at Trethowans, which advises banks, other financial institutions and borrowers across the region in respect of their finance and security requirements. Nick Gent, partner at Trethowans, commented: "We are delighted to have Sophie joining the team. She brings a wealth of experience and knowledge across a range of banking and finance matters, adding further depth to an already well regarded practice.” Sophie's appointment comes in the same month as Trethowans’ merger with Poole based law firm
Dickinson Manser. Sophie commented “I am very excited to be joining Trethowans. It is a progressive firm, with an excellent reputation and I am very much looking forward to being involved in its future growth.”
Commercial solicitor welcomes Chancellor’s business rate package The Chancellor’s “revolutionary” announcement to scrap universal business rates and to extend rate relief to small traders will give a much-needed shot in the arm to struggling high streets, a prominent commercial solicitor has said. Graeme Quar, founder of Fareham-based Graeme Quar & Co, welcomed the move from George Osborne, announced in the House of Commons yesterday [Wednesday] as part of the Government’s spending review.
The move to extend business rate relief for another year is expected to benefit around 600,000 retailers nationally. Graeme said: “As well as directly helping the smallest retailers, the Chancellor’s additional announcement to scrap universal business rates and instead put the decision on how much to charge in the hands of the local authorities will only help local businesses. Councils will be able to work with traders to encourage people back into the high streets to spend their money, which will in turn attract investment and safeguard jobs locally, stimulate the economy, and ensure valuable shops are not lost forever.
“Graeme Quar & Co is a specialist commercial law firm, and we can see directly how much help local retailers need to succeed. Hopefully the Chancellor’s new measures, and a commitment from councils to reinvest the majority of the business rate receipts will be a vital step in helping them on that path to success.”
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Happenings in Hampshire
WARREN SADLER JOINS THRIVING LOCAL SOLICITORS Phillips Solicitors are pleased to announce that Warren Sadler has joined their rapidly expanding Commercial department to work alongside Director Jonathan Pender and his team in Basingstoke. Warren arrives at Phillips with over 25 years’ experience in commercial law having started his career in 1990 in the City. Since then he has worked both in practice and in-house for a number of firms including the British Tourist Authority. Warren is well known locally having worked in the town for the last 15 years and previously served as a Director of Destination Basingstoke. Head of Corporate and Commercial Law Jonathan
YOU Trust appoints new chairman after longest serving trustee steps down A new chairman has been appointed at the YOU Trust, an organisation that provides care, support and advice to vulnerable people across Hampshire and Dorset. Tessa Short who, as the longest serving trustee on the YOU Trust board, stepped down from the chairman role in September has been succeeded by Graeme Quar. Tessa joined the YOU Trust board on July 17, 1997, and was appointed chairman in 2000. Her first job was to steer the Trust through the de-merger from Portsmouth Housing Association, and has remained a passionate and people-focussed chairman throughout her tenure. She has now been made Honorary Life President. She said: “I am delighted to have been made Honorary Life President and look forward to continuing to support YOU in all of its much needed work supporting vulnerable people in our communities.” Graeme has been a member of the YOU Trust board since 2011. He is also a director of YOU's Trading Board, using his experience in business as founder of Graeme Quar & Co solicitors in Fareham to steer the trust’s innovative social enterprise, My Learning Cloud. He said: “I am very proud to have been elected as chairman of the board, and while I have a very tough act to follow after all Tessa has achieved during her time in the post, I am very excited about being able to help steer the YOU Trust towards a bright future and to ensure vulnerable people in our communities throughout Hampshire and Dorset can access the help and support they need.” Nicola Youern, CEO of the trust, has worked with Tessa since the very beginning. She said: “I would like to thank Tessa for her dedication to our work putting in so many hours of voluntary service to lead the board so admirably over the years. I would like to welcome Graeme as our new chairman and say we are all very much looking forward to working with him more closely as he takes over the role.”
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Pender says: “It is a sign of how positive a year 2016 will be for us that we can start by welcoming Warren to the team. Warren comes with a significant reputation locally and will be a valued addition to the team.” Warren Sadler says: “This is a fantastic opportunity for me to join Phillips Solicitors, one of the biggest names in Basingstoke. I look forward to hitting the ground running and helping our clients.”
Southampton-based Moore Blatch Rural Services Team Recognised by Chambers UK 2016 The rural services team at Moore Blatch, a leading law firm with offices in Southampton, Lymington, Richmond and City of London, has secured a new entry in the 2016 Chambers UK Guide. Each year, Chambers & Partners independently researches law firms and lawyers across the UK where they identify, and rank, law firms and teams who they consider leading practitioners in their field. Chambers UK 2016 recognised Moore Blatch’s rural services team as ‘a newly ranked practice advising private clients, landed estates and farming businesses on a variety of rural property-related matters, including transactional and tax support. Also offers advice on rural employment, financing, IP rights and disputes. Selling land for development has been an active area of late.’ As further recognition Chambers UK quoted a comment from a Moore Blatch client which said: "The team is capable in every way - as good as you can get - attentive, quick, know what they're talking about - and not too expensive." Individually, head of rural services Ed Whittington
and senior solicitor Sarah Jordan were both cited as notable practitioners by Chambers UK. Ed, a real estate lawyer, was noted for his ‘specialist knowledge of land law and his hands-on approach’. Sarah advises on rural real estate sales and acquisitions as well as commercial matters related to rural property. Over the past five years Moore Blatch has built a specialist team of leading lawyers selected for their expertise and knowledge in rural and agricultural law, with five partners and seven additional qualified lawyers making up the specialist rural services department at Moore Blatch. Ed Whittington, partner and head of the rural services team at Moore Blatch commented: “The Chambers UK Guide and rankings are extremely well respected and so we are tremendously proud to have received this new entry for the rural services team.”
SAD LOSS TO DUTTON GREGORY, SOUTHAMPTON Dutton Gregory is sad to announce the death of one of the firm’s Partners, Stephen Kent, after a long battle with Cancer. Stephen joined the firm in 1988. He was based in Southampton and was a much loved and respected member of our Family Department, as well as being the partner responsible for training within the firm. He was well known in the local area and will be sorely missed by everyone who knew him. The funeral is to be held later this month and, rather than flowers, Stephen’s family would prefer donations to be made to the Ark Cancer Centre Charity. Anyone wishing to make a donation can do so via Andrew Tilley - Dutton Gregory’s Chairman. Our thoughts at this time go to Stephen’s wife and children.
Happenings in Hampshire
Law firm expands corporate and commercial team Leading regional law firm Trethowans has expanded its corporate and commercial team with the appointment of Jamie Earley as an associate. It is the second addition to the team in as many months, as the company continues to grow in the wake of its merger with Poole-based Dickinson Manser. Jamie is a corporate lawyer specialising in acquisitions and disposals, with particular experience in the IT sector. His role at
Pictured (L-R) Mike Watson and Jamie Earley.
Trethowans will also see him act for companies and individuals in relation to shareholder, LLP and partnership agreements. Jamie said: “I’m very pleased to be joining the Trethowans team, particularly at this exciting time of growth. The firm has a fantastic reputation not just for its work but also the way it looks after its staff. I’m
Hampshire law firm supports leading local disability charity Enham Trust by providing free Wills Hampshire law firm Moore Blatch is helping to support leading local disability charity Enham Trust, by offering to draft simple Wills for free in return for a donation to the Trust. Enham Trust, based just outside Andover, is a leading disability charity supporting people in their transition towards living lives of choice, control and independence. The charity provides personalised care, living, learning and work opportunities. The Enham Trust’s ‘Make a Will fortnight’ runs from 11th January to 22nd January. During this time, people can contact a network of solicitors appointed by the charity, which will waive their fee when they draft a simple Will, in exchange for a donation to the Enham Trust. Moore Blatch is one of the network’s local law firms and has offices in Southampton and Lymington, as well as Richmond and the City of London, Moore Blatch hopes that, by offering their simple Will writing service for free and asking for a donation instead, they will help raise much needed funds for the Trust.
Enham Trust was established in 1919 in the village of Enham Alamein in north Hampshire to rehabilitate servicemen disabled in the First World War. The charity helps support 7,500 disabled clients, and Falklands veteran Simon Weston, OBE, is an ambassador. Carla Brown, partner, family law, Moore Blatch, comments; “The Enham Trust undertakes critical work to help empower the disabled and provide them with the means for independent living, which includes personalised care, living, learning and work opportunities. Although everyone knows the importance of making a Will, it is often one of those tasks that people put off, sometimes until it’s too late. We are hoping to encourage people to protect themselves by making a Will, at the same time as raising funds for what is an extremely deserving cause.”
looking forward to contributing to the company’s already stellar success.” Mike Watson, head of the corporate and commercial team, added: “Jamie has a superb track record in helping businesses to grow. We are delighted to have him on board and to continue to grow the strength and offering of our corporate team.”
Chambers and Partners The ‘bible’ of the legal profession recently published by Chambers and Partners has reinforced Paris Smith’s position as one of the leading firms in the South. Head of Family, Frank Prior, said of the firm's excellent ranking under 'Family/Matrimonial: Southampton and surrounds' was 'very humbling; but a testimony to our strength and depth.' The firm's Employment team have also seen a wonderful result with both Clive Dobbin and David Roath being ranked as top employment lawyers making Paris Smith the only firm in the South to have more than one lawyer with this accolade. The Corporate Restructuring and Insolvency team are also celebrating, having gained ground to achieve the joint highest ranking in the category 'Restructuring/Insolvency: the South' amongst all firms offering these services in Hampshire or Dorset, with Mike Pavitt the only lawyer in this region specifically recognised as a notable practitioner under 'Personal Insolvency: UK-wide'. The firm's Dispute Resolution offering is described as "proactive" and "very commercially aware", and has now converted its established, local ranking into recognition within the wider category 'Litigation: the South.' In addition, Paris Smith's Banking and Finance department has been described as "always going beyond expectations." The
Photo: Peter Taylor
firm also received very pleasing rankings and feedback from clients and peers for its Corporate and Commercial work and Real Estate work, with no fewer than 6 partners singled out for special mention in these areas. We also achieved "Noted Firm" status for intellectual property for the first time. Peter Taylor, Managing Partner commented "The recognition which the firm has received in the Chambers legal directory is a reflection of our commitment to the development of all members of Paris Smith, their drive and dedication as a team to deliver an excellent service and ensure that our clients have a positive experience with us. We are passionate about enabling our clients to succeed and overcome any challenges which they may face, utilising both our technical skills and knowledge of the law as well as our extensive networks whether from our offices in Southampton or our newly opened office in Winchester". The full report can be found at Chambers and Partners 2016: www.chambersandpartners.com/uk /firm/315/parissmith#LightboxEditorial
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Education & 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. 2016 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
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
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. Nobody wants to buy a property only to find out that there is going to be a development nearby which could severely affect its use and value. Local searches, whether council (Con29) or regulated (RLAS), provide very little information outside of the subject property. This session provides conveyancers with the latest planning policies and legislation, planning changes and their potential impact on homes and businesses. It will also demonstrate how to provide clients with information and advice that will assist in their understanding of planning issues.
LECTURE DETAILS: Topic:
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. It is likely to include the implications for practitioners of the EU Succession Regulation and the new pension rules.
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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 How can this session benefit you? • Explains the importance of planning issues in residential transactions • Reviews planning policy and legislation • Shows planning information available - applications, land use designations • Demonstrates you how planning reports can help you and your clients Speaker – Paul Addison, Dev Assist Paul has been involved in the residential housing industry for more than 25 years. He has been responsible for the formation of three highly successful companies and created many imaginative and very profitable housing developments. He has a great overview of the industry with skills in land identification, planning, risk elimination, sales and marketing. Venue: 1 London Rd, Southampton, Hampshire SO15 2AE 11 February 2016 1730 registration 1745 – 1845 – Seminar Free for members of HILS Non members £10.00
Topic:
Commercial Property Update 2016
Date: Time: Venue:
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: • 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
Education & Training
Topic:
Proceeds of Crime Act
Date: March 2016 Time: 1730 - 1900 Venue: Venue to be advised Speaker: 3 Paper Buildings
WINE OF THE SEASON with Conal Gregory, Master of Wine
Key Topics: To be advised.
Topic:
Court of Protection
Date: Time: Venue:
Tuesday 26 April 2016 1345 - 1645 Chilworth Hilton Hotel, Bracken Place, Chilworth, Southampton SO16 3NG Speaker: Judge Denzil Lush Judge Denzil Lush was admitted as a Solicitor in 1978. He was formerly a partner in Anstey & Thompson Solicitors, Exeter and was a part-time chairman of the Social Security Appeals Tribunal before being appointed Master of the Court of Protection in 1996. He became the senior judge of the Court of Protection when the Mental Capacity Act came into force in 2007. Key points: Bullet points to be advised in more detail however course should cover the following: Recent case law and rule changes to include: -
Guidance on court rules and making applications Difficult cases and feedback on recent cases Statutory wills/dealing with difficult attorneys Revoking appointments Focus on ABIs
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.
MISSING WILLS: Miss Stephanie Riches Rosewood Rest home, 131a Swift Road, Southampton. Formerly at 69 Bursledon Road, Bitterne, Southampton Dob 23/04/1926 Dod 15/10/2015
Mr Mark Edward Jacobs Files and valuable documents were stored by Barstow Clay Johnstone of Farnborough. This firm became TJ McElrow which ceased trading in 1996. Dob 27/12/1960 Relevant addresses have been: 18 Thames Close, Farnborough, GU14 9ND 27 Atholl Road, Whitehill, Bordon GU35 9QX 14 Cross Lane, Frimley Green, Camberley, Surrey GU16 6LN
Cold days call for well-structured wines and Maranaga Dam’s trio of grapes from Australia’s Barossa valley is spot on. The predominant Viognier vine gives a peachy elegance, Roussanne the depth and finesse and Marsanne the richness. Made at Torbreck winery, named after a Scottish forest, this dry white is delicious with turbot and Asian cuisine and the 2014 can be kept for two to three years. £15 (Marks & Spencer). The vineyards of Marcillac in Aveyron, south-west France had almost disappeared through vine pest, war and rural depopulation. The Teulier family of Domaine du Cros has continued in the iron-rich, hilly country to make a deep rich robed red from the Servadou vine, known locally as Mansois. The wild fruit berry character comes with a hint of spice. The 2014 is perfect with grilled meats. £7.95 (IEC Wine Society). Sponsored by NFU Mutual Bespoke, high-value home insurance tailored to protect everything you value, including art, antiques, fine wine and more.
Visit www.nfumutual.co.uk/bespoke for further information.
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Social Events & Awards
Social Events 2016 3rd March
19th May
Cocktail making
Legal Awards & Annual Dinner
Tiger Tiger, Portsmouth
See page 5 for full details.
Ever wondered how to make the perfect Margarita a la Carrie from Sex and the City? Perhaps you’re looking for the undeniable class and style of James Bond’s weapon of choice, the Martini. Maybe you just want to be able to make an impressive fruity daiquiri for next time you have mates around for drinks. Whatever you want to learn, come to our Cocktail Masterclass. Not only will you learn the skills of the trade from the experts, you’ll get to try the cocktails, enjoy some shots and even tuck into some food from the Tiger Grill.
£22.50/hd for 2 cocktails and light bites.
19th April
The return of the Hampshire Law Society Quiz night The Dancing Man, Town Quay Southampton SO14 2AR If you fancy testing your brain power and memory and enjoy competing against your colleagues and fellow solicitors, then come along to the Hampshire Law Society charity quiz night. Teams of 4 which can be made up of colleagues or friends will compete against each other in 6 rounds of questions (which will not be on legal topics). Teams can be made up on the night if you are short on numbers. There will be spot rounds, a cash bar and a buffet supper included during the evening. The event which will be held at the Dancing Man put and brewery in Town Quay is open to all.
The entry fee for each team is £60. (Or £15/hd). There will be prizes for the champion team. Please enter as many teams as possible. 14
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10th July
Hampshire Law Society summer bbq and fun day 1100am - 1700pm Itchen Valley Country Park, West End, Southampton A fun day for you and your families with games, treasure trails, a barbecue and if you are feeling very adventurous there is the option to tackle the Go Ape course in the morning.
Full details to follow but pop the date in your diary.
News
BLAKE MORGAN WINS BID TO SUPPORT TEST VALLEY LEISURE SERVICES PROJECT Test Valley Borough Council has appointed Blake Morgan to supply legal services as the authority embarks on an 18-month hunt for a partner to operate and improve its leisure facilities. Pictured: Penny Rinta-Suksi
The law firm will provide legal services to support the procurement process, beginning by reviewing and improving the scope, structure and terms of the authority’s leisure management contract so that it ensures maximum cost efficiency and quality of service from its chosen provider. Blake Morgan’s bid for the legal services contract in a competitive tendering process was led by Penny Rinta-Suksi (pictured), a partner in the firm’s commercial team. She said: “This is a very important project and we look forward to working in close partnership with Test Valley Borough Council to ensure this process results in leisure services which meet the needs and expectations of the communities they serve. “It is our understanding that the strength and depth of expertise across Blake Morgan’s team were a deciding factor in the success of this tender, along with our understanding of the complexities of leisure contracts and of local authority procurement in general.”
Penny has significant expertise in “design build operate and maintain” (DBOM) contracts, a cost-efficient model which sees a single provider take a project through from initial concepts to the ongoing operation of the new facility. She worked on the first such projects in the leisure and care market, and originally drafted and tested the Local Partnerships DBOM contracts that preceded the Sport England DBOM contract.
Test Valley Borough Council’s key leisure facilities include Andover Leisure Centre, Romsey Rapids and Leisure Centre, Knightwood Leisure Centre, Charlton Lakeside Pavilion and Romsey Sports Centre. They are currently operated by Valley Leisure Limited, whose contract expires in 2017.
www.blakemorgan.co.uk
The winning leisure services operator will be responsible for large-scale improvements to Andover Leisure Centre, which may take the form of a new building to replace the existing centre, a part refurbishment or a combination of the two. Investment at Romsey is also anticipated. Mike Wilson, regional senior partner at Blake Morgan, added: “We are delighted to be the chosen provider with Test Valley Borough Council, which has recognised our firm’s realistic, pragmatic approach and our ability to work in close partnership with clients on public sector projects where attention to detail and securing the best value are key considerations.”
COFFIN MEW STRENGTHENS BRIGHTON COMMERCIAL REAL ESTATE TEAM South Coast law firm Coffin Mew has strengthened its Brighton Real Estate team with the appointment of Associate Solicitor Hannah Bassett. Hannah joined Coffin Mew’s rapidly expanding Brighton office on Monday 4th January 2016 from DMH Stallard. She brings to the firm expertise and a strong track record in property finance, acting for banks and other lenders in Brighton and across the South East, and for landlords and their tenants. She also represents a considerable number of retailers in Brighton.
Born and bred in Brighton, law was not Hannah’s first career choice having worked as a remote sensing scientist for DERA, the Defence Evaluation and Research Agency, now QinetiQ. It was whilst working for a software company that was involved in a legal dispute that her love of the law emerged and a change of career.
Nick Leavey, Partner and Head of the Brighton office and the firm’s Commercial Property practice, adds: “Hannah is a talented lawyer with a deep understanding of the law and, importantly, its practical application. She will be a real asset to the team and we all look forward to working alongside her.”
Commenting on her appointment, Hannah said: “Brighton is a vibrant and exciting place to live and work with a strong and thriving business community. There are a lot of young businesses being created needing space, as well as much larger expanding businesses. I am thrilled to be joining Brighton’s newest law firm and look forward to developing my career further.”
Since its launch in May this year the Brighton office has seen major growth after recruiting eight new members of staff, including specialist lawyers in corporate and commercial, commercial real estate, residential property, planning, private client and tax, and employment. www.coffinmew.co.uk
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Probate
Probate: Doing the work Profitably by Gregory van Dyk Watson, Managing Director of Isokon Limited Do you know the Gross Profit Margin (GPM) of your Private Client Department?
Paralegals and Former Secretaries work in Teams Once satisfied, the team leaders head off to their respective teams consisting of three, four or five paralegals or former secretaries, all of whom have received a thorough training in the use of the software. Towards the end of the working day, the head of the probate team looks at the log of tasks in the software to ensure that all tasks have been completed. This method of organisation is simple, straightforward and effective.
How do you best ensure the profitability of your probate work? Surprisingly, most law firms do not appear to know the gross profit margin of their probate department. Let me put that differently. Of the 140 firms who use our probate software (Isokon), the majority declined to answer our questions about their profit margin for this area of work.
Some firms are exceeding 70% GPM We were not able to assess whether they did not actually know the answer to the question or whether they were simply being discreet. Or possibly they were too embarrassed to reveal their relatively low profit margin. The irony is that of the firms that were willing to discuss their profitability, all revealed that their gross profit margin is consistently in excess of 70%.
How have they achieved these high profit margins? The key question is: how have these high margin firms managed to achieve this level of profitability? What distinguishes them from the low margin firms? In the one instance in which the firm was willing to discuss their success openly, the formula appeared to be relatively straightforward. Profitability is a mixture of effective software combined with judicious organisation. Let us examine that in more detail, since both parts are equally important.
Software Accounting Database The software is an accounting database designed specifically for probate (and trust) work with the ability to easily record the variety of financial data of the deceased estate, including such items as business and agricultural relief, ISAS and PEPS, net or gross taxation of domestic and foreign equities, including double taxation agreements, separating capital and income, post probate adjustments and abatement of assets in instances where the estate is more than just a bank account and a house.
Estate Accounts with a Single Click The software enables estate accounts and IHT forms to be produced with a single click.
Integrated Case Management The software includes a case management component that consists of a workflow with
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Quote from the Head of the Probate Department task management, a log of events, and a mailmerge facility that enable a range of standard letters to extract data from the accounting database. The latter enables a range of letters and emails to be produced and sent to banks, building societies, funeral directors, utility companies, executors, beneficiaries, and other related parties. Letters to these parties can be produced at the proverbial click of a mouse, and often more than one letter at a time, each of which can be billed at the rate of one unit of time for each individual output.
You need more than just software to succeed It is axiomatic that having the software technology available does not inevitably result in the level of profitability achieved by the firm in question. To repeat the key question, how do those customers consistently achieve a gross profit margin in excess of 70%. Profitability is a mixture of effective software combined with judicious organisation.
Morning Briefings with the Head of the Probate Team In one of those firms the team is led by the head of the probate department who holds morning meetings with the four team leaders. The tasks for the day are examined and discussed, as shown in the software case management component, the text on the screen in front of them, to ensure that the team leaders understand the nature of each task, even though most tasks are fairly straightforward. Where a complex task requires the professional skill of the partner in charge, she might allocate a complex task to herself by a simple switch in the software.
“Our probate department has achieved a 72% level of profitability. We are the most profitable department in the firm.”
Advice from Charles Christian the Doyen of Legal Technology An important adjunct to ensure success is training. To quote Charles Christian the doyen of legal technology in his chapter on ‘Computer and Technology Issues’ in the Probate Practitioner’s Handbook: “… computer systems are just tools whose value derives from how they are used. It therefore follows that if people are not trained in how to use them properly, the firm will not see a satisfactory return on its IT investments.”
Organisational Discipline The second component of success is organisational discipline. To quote Charles Christian again: “… it helps to have a senior member of the firm in overall charge of the implementation, so that they can compel the fee earners to attend [the training]” and selfevidently to actually use the software. The extreme converse of our profitable firm is where practitioners are permitted to go their own way and revert back to a more manual method of doing the work. Working as a cohesive team appears to be fundamental to success and profitability in this area of work.
Profitability Testimonial “I am extremely happy with Isokon and don't know how I accomplished the work properly before using Isokon. I can now undertake double the quantity of Probate work than was possible before adopting Isokon.” Peter Cox, Partner, WBW Solicitors (Exeter, Torquay, Newton Abbot).
For further information please contact: Gregory van Dyk Watson, Managing Director of Isokon Limited. Email: gregory@isokon.com or call 020 7482 6555. Alternatively visit www.isokon.com
Management
YES, A BEST - OF - BREED DOCUMENT MANAGEMENT SOLUTIONS IS AFFORDABLE FOR GROWING LAW FIRMS! by Jon Wainwright, Sales Director, Ascertus Limited
Time and again I hear lawyers at growing law firms wax lyrical about the piles of paper that they have to deal with in their offices, making it near impossible to find information in a timely manner. Often, it’s akin to finding a needle in a haystack. And it’s especially irksome to fee-earners who come from larger law practices and so are accustomed to access to productivity enhancing tools such as document management solutions.
The frustration is compounded in the current digital and mobile business environment, where firms send and receive information on matters and transactions in all manner of formats - email, electronic files, paper documents, SMSs and voice messages. Consequently, due to the volume of inbound and outbound information as well as the lack of standardisation of formats and key words, document and email management is presenting a huge challenge for the smaller law firms. Manually documenting mattercritical information in an easily accessible and user friendly manner and in compliance with continuously evolving regulation is extremely difficult, time-intensive and costly. Despite the obvious benefits of document management, the myth that best-of-breed systems are only suitable for large firms rampantly persists in the legal sector. The reality couldn’t be farther from the truth. In fact, growing firms have the most to gain from the efficiency and productivity benefits such systems deliver.
Dispelling the myths Perhaps the biggest misconception among the smaller firms is that best-of-breed document management systems are unaffordable. To the contrary, today there are a plethora of technology and commercial options available to firms. Foremost, firms don’t need to purchase these applications directly from software vendors. A better approach is to acquire tailored systems from solutions providers who - due to their close association with software vendors - have developed propositions especially for smaller law firms that substantially reduce the cost of ownership and the need to employ internal IT resources. In doing so, they remove the typical obstacles that prevent law firms from deploying best-of-breed document management systems.
For instance, gone are the days when the perpetual licensing model was the only commercial arrangement available for software purchase. Today, there are a variety of flexible licensing options including annual, subscription, usage-based and software as a service (SaaS). In fact, a lawyer can have access to document management system, iManage Work, for less than the cost of an individual's monthly mobile phone rental! From a technology standpoint, in addition to the traditional on-premises system, firms have available to them the privately hosted model. This allows organisations to leverage all the benefits of cloud technology, but securely. In this model, firms install their own instance of software, run on versions that best fit their needs and have complete control over their data and documents. No databases are shared or accessible by any third parties or external organisations. Furthermore, a privately hosted document solution greatly improves accessibility and collaboration in an increasingly mobile environment. The technology is advanced and best-of-breed systems allow secure, mattercentric document management capability on the iOS, Android and Blackberry platforms. This method of application deployment also greatly reduces risk, offers in-built disaster recovery and significantly reduces the burden on IT, administration and support.
Approach to adopting document management solutions Like for any application, firms looking to adopt a document management solution, must first devise a strategy. There are some fundamentals to consider. Determining what content exists and where it resides - email inboxes, shared folders, physical files - is crucial. Firms should think about creating a seamless business environment in the firm by integrating already deployed technologies with the new document management system.
Also, it’s wise to institute the internal document management policies right up front with reference to how documents should be stored, for how long, who can access them, what folder structures are preferred and such. Due to the complexity of both the technology environment and transactions, a matter-centric approach to document management is the simplest and most intuitive. This method is also conducive to collaboration and scaling the solution as the business grows. Mobile working is now pervasive, so it’s worth assessing the type of devices that are likely to be used and on which platforms (e.g. Android, iOS) so that these requirements can be accommodated as the solution is configured. This is critical to ensuring that the document management solution is able to switch seamlessly between ‘in office’ and ‘on the road’ usage. Thirsk Winton, a North-East London law firm is a good example of a growing firm that has cost-effectively deployed a best-of-breed document management system. A firm that was genuinely ‘drowning in paper’, today has a document management function that is ‘routine’. The firm has integrated its financial management software and Microsoft Office with its document management system too, making the latter the primary storehouse and knowledge centre for all client and matterrelated activity. Let alone anything else, simply undertaking the cost of property to house paper, which is then inaccessible to the business is sheer imprudence and a waste of financial resources. Technology systems exist that allow firms to devise tailored and innovative paper flow processes - from creation and maintenance through to destruction and archiving of electronic matter files. Aside from business efficiency, a well-structured document management system aids good client service too. www.ascertus.com
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Legacies
Canine Care Card Some dog owners worry what might happen to their dog if they were to pass away first, leaving their beloved fourlegged 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 of these such dogs were devoted duo, nine-year-olds Rosie and Beth who arrived at Dogs Trust Manchester when their owner sadly passed away. When they arrived at Dogs Trust Manchester, Irish Setter, Rosie, and Shih-Tzu Cross, Beth were missing their home comforts and hoping to find love again with a new owner. Thankfully, Dogs Trust Manchester was able to provide the adorable duo 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 home. After being cared for by Dogs Trust Manchester, Rosie and Beth were soon rehomed and have since begun settling in to life with their new family.
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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 Rosie, Beth 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.”
News
Are you considered a good risk? Seldom are any two law firms the same. There are many variables that can alter the profile of a solicitors’ practice, such as the number of partners, number of staff, the type of work they carry-out, case management systems used, whether the firms operates a traditional partnership or is an Alternative Business Structure (ABS), or whether they undertake niche ‘boutique’ work and many other factors. Pictured: Joel Harding
Given all of these variables, what really matters most to insurers when they are considering offering professional indemnity insurance to your firm? Solicitors are now free to choose a Professional Indemnity Insurance (PII) renewal date away from the 1st October, which has lead to an increased number of firms falling due for renewal on or around 1st of April, if this applies to your firm then now is the perfect time to consider the way that you present your risk to insurers. Insurers that provide PII to law firms tend to have a preference on the size of firm that they wish to insure, this being defined in the first instance by the number of SRAapproved managers (Partners) a practice has. Generally, insurers recognise that the more partners a practice has, the greater the level of supervision will be for staff. Ideally there will be a Partner heading up each category of work the firm carries out, these being specialists in that particular area of law. Sole practitioners have always been seen as reasonably high risk due to the responsibility that is placed on one individual to oversee the management and running of the business, which can be especially difficult during a leave of absence. Sole practitioners also come in many different guises, from literally one person working at home with no support at all, to firms with large revenues and numerous fee earners and paralegals supporting them. The key here is making sure your prospective insurer understands the nature of the business. 2-10 Partner firms usually give insurers more confidence. They often represent increased supervision, specialism and support throughout the firm, as well as
being able to provide cover during holidays or absence. Firms are advised to have a resident partner to supervise in each branch office to avoid concerns over a lack of supervision. It is worth noting that a 3 partner firm with 3 offices each conducting a different type of work could well be viewed as 3 separate firms when insurers come to assess the risk. Many firms these days provide a range of services to clients such as conveyancing, matrimonial and wills, trusts & probate. A nicely balanced split of various work types is always well received by insurers as it will protect a law firm from the pressures created by trends in the market, such as conveyancing work which can fluctuate heavily depending on the economic backdrop, house prices and government legislation. However, firms should be aware of' dabbling' when it comes to the work they take on. This is a term used by insurers when they feel work is being undertaken in an area of law that perhaps doesn't come naturally to the firm, which could lead to errors being made. Often firms will take on work outside their usual scope for existing clients, when a more robust way to manage this risk would be to have a referral arrangement in place with a fellow practice that is used to such work. Claims history is understandably a clear gauge of the risk exposure an insurer faces. Ideally no reported claims in the past six years is desirable, however where there are notifications reported these would hopefully have a zero balance with the status marked as closed. Notifications of this nature can actually provide some comfort that the firm follows reporting procedures and takes complaints seriously. Any paid claims of value should
accompanied with a full explanation of the circumstances that led to the claim, and backed up with any lessons learned and measures that are now in place to try and avoid future claims of a similar nature. Accreditations such as Lexcel and CQS demonstrate that a firm adheres to good risk management. They certainly make no guarantee that claims will not arise, but especially in the case of Lexcel the chances of errors occurring should be significantly reduced. Strong case management systems that allow all types of work to be monitored are an advantage, especially for supervising high-volume work such as Personal Injury or Conveyancing files. This should be highlighted with any presentation made to insurers in the lead up to your renewal. The ability to monitor a fee earner’s piece of work from start to finish allows partners to keep track of proceedings and assists with file reviews. This reassurance gives a greater degree of comfort to insurers. JLT’s team has a wealth of experience in how to best present your firm to the insurance market to make sure you receive the best possible terms. Should you wish to discuss your options in more detail, please don’t hesitate to get in touch.
Joel Harding, Associate - JLT Specialty Limited Joel_harding@jltgroup.com
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Conveyancing Focus
Conveyancing in the Digital Age In today’s ‘always on’ world where people’s expectations of customer service are increasingly set by their experiences with swift online transactions, such as buying an item through the likes of Amazon with just a few ‘clicks’, the expectations of homebuyers have similarly become more demanding. Not only is there an emphasis on speed of completion, but with the Internet, homebuyers are far more savvy about the amount of electronic data that is available in order to give them a more rounded view of potential risks relating to a property, its vicinity and the surrounding neighbourhood. As such it is important that conveyancing professionals are able to meet the evolving needs of clients in order to compete. Today, homebuyers are looking for a modernised service for a prompt, modernised service, offering choice, whilst also ticking the everimportant ‘value for money’ box.
trickier still for firms where multiple partners/fee earners/secretaries may be inadvertently making different choices.
So, what can be improved?
Here at Landmark, we have been working with our legal clients to understand what improvements could be made to deliver increased efficiencies and ultimately help the conveyancing process evolve to meet clients’ growing service expectations.
To simplify and modernise this process, here at Landmark, we have launched an ‘all in one’ report called RiskView Residential. It is one of the first reports of its kind to deliver total environmental due diligence by providing Flood, Ground Hazards/Stability, Energy & Infrastructure and Contaminated Land data in one single order.
If we take a look back at how search data is currently ordered, it is fair to say the process hasn’t dramatically changed in recent years. Mandatory searches are automatically obtained and then it is up to the conveyancing professional to decide which ‘non-routine’ searches are needed, before ordering each report for individual review and analysis.
Via RiskView Residential, not only is the most pertinent data available in a lightweight PDF report format but, for the first time, the full range of data it is fully accessible via an interactive, map-based web portal, which visually ‘brings to life’ the findings of the searches through an easy-to-navigate interface.
The range of searches is extensive: from a conveyancer’s point of view, it is vital to ensure compliance with each and every transaction. This is done by providing the client with all pertinent information on the property and any environmental factors that could have the potential to negatively impact the property, in order to avoid any negligence claim in the future. The wide choice of available reports can, however, make this a complex process, and as it is the responsibility of legal professionals to undertake the most appropriate investigations to ensure clients aren’t subject to a loss further down the line, it is vital to get this right. Things can get
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From the report, users can instantly click through to an interactive map, providing easy navigation through the data to analyse the results. It provides conveyancers with the tools needed to interpret data quickly and accurately, and for the first time, means the information can also be directly shared with homebuyers via a Tablet PC or a desktop. The advantages are numerous: firstly it delivers a total due-diligence solution, which means via one order, clients can feel confident that as much intelligence and insight has been gathered and analysed on the property as possible - delivering peace of mind to clients, and demonstrating
compliance and best practice from the conveyancer’s perspective. It also saves time: now conveyancers don’t have to select and order individual reports, which then need to be analysed separately on receipt. It is far less time consuming all round. The single report provides environmental risk data in one order. It contains a comprehensive risk assessment analysis for all areas with a summary interpretation, highlighting any results that require further action or investigation for ease. This is further supplemented with clear advice and recommendations from expert environmental consultants, Argyll Environmental Ltd. Another advantage is that RiskView Residential supports conveyancers with a fixed-fee approach, by having a set cost it makes it far easier to provide quotations to clients with a single up-front fee, rather than quote for individual reports as and when ordered. Ultimately, the aim of RiskView Residential is to support conveyancers in delivering ‘total due diligence’, whilst saving time, money and delivering the very best, ‘next generation’ client care. Not only does it help simplify the process for all involved, but it is the first radical step in taking conveyancing due diligence into a fully digital age.
Conveyancing Focus
Uncertainty, The Only Sure Thing 2016 has all the signs of another uncertain year in the residential property market. With the pace of change even those in the profession and associated disciplines could be forgiven for missing the nuances that could significantly impact conveyancing in 2016 and beyond. The housing stock shortage isn’t going to be solved overnight. The potential injection of properties resulting from the Autumn Statement Stamp Duty reforms will possibly generate a flurry of activity at the lower and mid range ends of the market. Of course, there’s also the spectre of Income Tax reforms announced in the July budget which could see many small Buy to Let investors exit the market. There’s a very real chance that they will be paying more in tax and mortgage interest than their rent will cover. So what if anything could these changes mean for our national obsession with house prices? Regardless of the short term impact - a lack of new housing, depressed interest rates and
increased lending are all ingredients that will lead to further price growth. Some observers predict up to 10% increase in the average house price year on year. The new Help-to-Buy ISA, launched on 1st December means savers can earn a 25% bonus on savings towards a new home. Limited to savings of £200 a month, this could mean the initiative will have a smaller impact on firsttime buyers. The return of 95% LTV mortgages, however, and the extension of the ‘Help to Buy’ mortgage guarantee scheme is bound to have a positive impact. In 2015 the average price of a starter home increased to an all time peak of £215,000. Regardless of other programs, if this trend continues, the “Bank of Mum and Dad” is likely to continue to become the de facto norm for deposits. Alternative funding sources reinforce the need for conveyancers to employ robust Client Due Diligence (CDD). VERIPHY, a detailed, risk based and auditable electronic AML product, and others like it, will provide economical and easily accessible solutions. A conveyancer’s experience and instinct, however, are still irreplaceable as part of a best practice approach. From a conveyancer’s perspective, the potential for growth in the overall volume of housing transactions informs staffing decisions and business predictions. Observers within the conveyancing search industry suggest that housing transactions could increase by a relatively conservative 4.6%. This may not seem like much, but since many conveyancers are still struggling with how to grow a new business pipeline, even a modest increase is likely to create an impact. Many firms find themselves trying to pursue more work yet worrying how to cope if they are successful. Providing a comprehensive and ‘best practice’ compliance service is frequently found to be at odds with the profession’s approach to pricing. By quoting comprehensive search costs firms continue to fear that they will appear expensive. Yet behaving this way they
make it more difficult to justify best practice compliance. For example, since Orientfield Holdings Ltd v Bird & Bird LLP [2015], a conveyancer who fails to undertake planning and infrastructure searches as part of a routine transaction could now be considered professionally negligent. It’s difficult to speculate why a respected firm didn’t appreciate the risks associated with failing to inform a client of all potential issues. They, however, are not likely to be the last. Thankfully, more and more firms are recognising the positive impact of transparent upfront quotations which include all required and recommended searches. QualitySolicitors Parkinson Wright’s underlying focus on service and the client’s best interests has reinforced the policy that clients always receive a “Best Practice Search Pack” as standard.
Faye Green: “Since the recent judgement on the Bird & Bird Professional Negligence case our search packs include Landmark’s Plansearch Plus as well as an Energy & Infrastructure search. We believe that the client’s interests are best served by providing them with all of the information available on every transaction”. In Orientfield Holdings Ltd v Bird & Bird LLP [2015] the High Court said that a solicitor had acted negligently for failing to warn their client about plans to build two schools in the same street as the client’s new property. Who wouldn’t want to know that planning consent had been given for a school, a nightclub, high-density housing, a fireworks factory, a wind-farm, a highspeed rail link or a fracking license near their new home? Furthermore, recent changes to planning policy mean applications which may have failed in previous years may now be granted - creating more potential for aggravation. It is a legitimate expectation of a client that their conveyancer will look after their wider interests in the transaction and alert them to issues that might affect their use and enjoyment of the property in the years ahead. Firms have voluntarily paid compensation to clients in cases where they failed to raise concerns which a planning report would have pointed out. Courts, it seems, have now taken this one step further. Faye Green is a Partner and Head of Residential Property at QualitySolicitors Parkinson Wright. Andrew Stradling is Senior Legal Services Manager at Property Information Exchange and Brighter Law Solutions. Contact: andy.stradling@brighterlaw.co.uk 07775 444 402 Andy Watson is Channel Development Director at Property Information Exchange and Brighter Law Solutions. Contact: andy.watson@poweredbypie.co.uk 01189 769 479
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Clinical Negligence
Brain Injury Clinical Negligence Headway is a charity that supports people affected by a brain injury. In the Winter 2015 edition of Headway’s magazine the cover story relates to international para-climber Dave Bowes who competes across the world. Mr Bowes often hears people say: “but you don’t look disabled.” Brain injury is not always evident unlike some other injuries - the most obvious example being amputation. Indeed, an injury to the brain can appear to be “hidden”. Mr Bowes himself was apparently diagnosed initially with mild concussion following a motorbike accident. It seems that his serious brain injury was missed at the outset. I have acted for clients whose brain injuries caused by clinical negligence have been very obvious and for some others where the injuries were “hidden” like in Mr Bowes case. A major area of brain injury caused by clinical negligence relates to damage to children at or around the time of their birth. These cases often result in a diagnosis of cerebral palsy and such cases are still eligible for legal aid.
in clinical negligence matters. Although brain injured children may still be able to, in theory, obtain legal aid now, practitioners face other problems with legal aid not least with regard to finding experts who will accept low legal aid hourly rates. Many practitioners are now seriously asking themselves whether legal aid remains a valid option for potential claimants.
Photo: Marek Bednarczyk
However, the burden of paying for all the experts needed in a cerebral palsy (CP) case can be huge. In one case I instructed about 13 experts which is by no means unusual.
However, under LASPO it is very difficult to get legal aid funding for brain injured children. I act as an Independent Adjudicator for the LAA and I have seen first hand how hard it is to fulfil the LASPO criteria. I have heard lawyers complain that to get legal aid now you almost need a written admission of liability from your opponent!
Sadly, CP cases usually fall into the category of “obvious” brain injury cases. Some of my clients have been blind and unable to walk or talk. However, others have had more subtle deficits. It is now more common to see children who suffer from hypoxia at birth being treated using a process called “total body cooling”. This can improve outcomes in some cases. In one of my cases my child client suffered from both birth hypoxia (a failure in the oxygen supply) and a traumatic injury to his skull which was fractured by a student midwife who had tried to disimpact his head in the birth canal. Initial predictions were very gloomy. Total body cooling in that case I believe saved my client from the worst effects of his birth injuries although subtle changes may still be an issue as indeed these changes can still have major consequences in the longer term.
How different it was when I qualified back in 1991. When I first qualified legal aid was available to adults and children alike
A high functioning professional lady who suffered from a subarachnoid haemorrhage, which was diagnosed and
In April 2013 the government pursuant to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) removed adult clinical negligence cases from legal aid save if they justified exceptional funding (which by definition would mean that such cases would be rarely funded by the LAA, i.e. the Legal Aid Agency).
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treated too late, lacked in our view, based on expert evidence, the capacity to give instructions in litigation. Despite serving two reports from a leading neuropsychologist, the two opponents in that case refused to admit my client’s lack of capacity and this point was only accepted shortly before her trial this year (a settlement on liability in this case has now received High Court approval). In this case the claimant can talk clearly and she can use a computer to an extent. However, the difference in ability prior to the negligently caused injury compared to the present situation is still significant. Using the claimant’s own words, she is a “one trick pony”, meaning she can cope with single tasks to a degree, but multitasking is now beyond her. Although in this case the changes caused by brain injury may appear in some respects quite subtle they still remain very significant. One of the benefits of acting as a solicitor in such cases is the advantage one gets in talking to a client, where this is possible, over a prolonged period. In one case which could be characterised as a “hidden” brain injury case, my consultant psychiatrist confirmed that my client lacked capacity to give instructions in litigation. My client was seen by another expert who was asked to look at other features of his condition but inevitably that
Clinical Negligence Legacies
expert had some views as to whether my client lacked capacity or not. To put it simply, this other expert did not accept what the psychiatrist had concluded. My client could handle a conversation and he was even able to study and gain a qualification. This obviously had an impact on the second expert’s view on the matter. However, I had no doubt that my consultant psychiatrist was right in his conclusions because I had spoken to my client over a prolonged period spending hours with him in total. The features of his brain injury (caused by undiagnosed raised intracranial pressure) were as obvious to me as they were not obvious to my other expert who had only seen my client for a relatively brief consultation. Unless the symptoms of brain injury are modest these cases are often amongst the highest value claims one can pursue. Some claimants require 24 hour a day care packages and that head of claim can be the single highest head of claim in the whole action. Financial losses (i.e. “special damages”) often run into the millions and will involve the court making periodical payment orders to cover the claimant’s care and other needs for life. General damages for pain and suffering and loss of amenity in a case of brain
injury, even in the most severe cases, may represent a fraction of the overall total claim. The current edition of the Judicial College guidelines for general damages suggests that the maximum award for general damages in a severe brain injury case (without a10% uplift for post 1 April 2013 cases) should be around £297,000. Earlier this year following a contested trial, seven year old Eva Totham was awarded, in lump sum terms, £10.1M. The claimant’s solicitor was quoted in the press as saying that the case was not about money “it was about securing justice”. I support and sympathise with the above sentiment, but at the same time I do not underestimate the value of a financial settlement. On occasion after settling a large claim where homes have been purchased and/or adapted my client’s parents have invited me for a visit to see what has been done with the settlement monies. It is a privilege to go back and see how a good settlement can make such a positive impact and that is a great motivator.
Health has put forward a proposal to impose fixed costs on clinical negligence cases of a value up to £250,000. Surely, severe brain injury cases would not be affected by these proposals? However, consider the problems with legal aid mentioned above, and also consider another potential area of attack. The Medical Defence Union (MDU) has now launched a campaign to “reform personal injury law”. The MDU want to cap damages in such cases. They complain that back in 1988 the MDU paid the first £1M compensation award, but awards have greatly increased since then and the highest payment made by the MDU to date is apparently £9.2M. It seems that the MDU would like to turn the clock back to 1988. The Law Society, not that long ago, ran a campaign called “what price justice?” History may be repeating itself very soon and it looks that even the most vulnerable and deserving claimants with severe brain injury will be falling under the bean counter’s scalpel unless we are vigilant and unless we continue to work hard to gain justice for our clients.
There do appear, however, dark forces at work on the horizon. Recently, of course, the Department of
Marek Bednarczyk from Hart Brown cited in leading journal on medical negligence Bloomsbury Professional have published the 5th edition of Clinical Negligence the only text of its kind to cover both medical and legal aspects of medical negligence. Marek Bednarczyk, a partner at Guildford based law firm Hart Brown, is one of the contributors. Marek has written the chapter on the Conduct of Proceedings jointly with Master David Cook a Clinical Negligence Master at the Royal Courts of Justice. Regarded as the “go to” publication on clinical negligence, it is written by a team of 54 experts, and provides the most comprehensive and authoritative guidance on all aspects of clinical negligence claims from bringing an action for damages to presenting expert evidence in court. It also includes
detailed consideration of funding and cost implications. Marek’s contributions to this new edition is a recognition of his expertise in the area of personal injury and clinical negligence within Hart Brown. Marek is a member of the AvMA Panel (Action Against Medical Accidents), a charitable organisation which helps people that have suffered an injury from a medical accident, by providing free and confidential advice and support. Marek has also been a long standing member of the Law Society/SRA Clinical Negligence Panel and has worked for many years dealing with legal aid appeals for the Legal Aid Agency (LAA) an organisation charged with the administration of legal aid. He has been a member of the Association of Personal Injury Lawyers (APIL) for nearly 20 years and is an accredited APIL Senior Litigator.
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Clinical Negligence
Common Problems in Cosmetic Surgery by Gerard Sanders
The social pressure to look good, combined with sustained and effective advertising campaigns has resulted in an exponential growth in the number of persons opting for cosmetic surgery. in terms of surgical procedures, the British Association of Aesthetic Plastic Surgeons (BAAPS) confirm 45,406 surgical procedures in 2014 alone - the most popular procedure being breast augmentation surgery - 8,619 cases. It is clear that the majority of patients have reported a successful outcome but that a significant minority have experienced a very different result. As a clinical negligence solicitor, I experience an increasing number of clients - primarily women - who have encountered devastating, even life changing consequences of cosmetic surgery. A few common problems are set out below. In the wake of the problems encountered by thousands of women who were fitted with substandard breast implants made by Poly Implant Prothese (PIP), many women have reported problems with breast implant surgery. I have seen cases involving bilateral breast implant exchange where original implants have been incorrectly removed, leading to leakage of silicone into a client’s body. These clients have reported long standing and unpleasant symptoms including fatigue, joint pain and anxiety and depression. Perhaps most commonly, women have quite simply reported that the outcome of the surgery was not what they expected and that they would not have had the surgery if they had known what the outcome would be. Clients have reported receiving implants which were far too small or implants which have led to permanent “rippling” or lumpiness. Laser treatment for birthmarks or other skin blemishes is another common source of claims. I recently successfully concluded a claim on behalf of a client who had received laser treatment which was intended to remove a birthmark. Due to the laser being incorrectly set and the client having the wrong skin patch testing at the start of her treatment, she was left with a larger, darker skin blemish then she had before the treatment started. The process of cryolipolysis - freezing of unwanted fat cells - can also lead to problems. I have been instructed by a lady who suffered significant burning to her abdomen as a result of the machine used for the process being left on her skin for too long.
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Problems following eye surgery lead many clients to instruct my firm. With blepharoplasty, the aim is to reduce bagginess from a patient’s lower eyelids and to remove excess skin from the upper eyelids. Problems arise when too much skin is removed, occasionally leaving patients unable to close their eyes or experiencing difficulties with blinking, resulting in dry eye. Laser eye surgery is popular for correcting conditions such as myopia (short sightedness) or astigmatism (blurred vision.) A popular technique is LASIK (Laser in situ Keratomileusis) which involves lasering under the cornea - the front surface of the eye - to create a thin flap. This is lifted and the exposed tissue is lasered. The flap is then repositioned and stays in place through natural suction. The flap is joined to the cornea like a hinge and can be replaced in exactly the same position. Significant mistakes can be made whilst cutting the corneal tissue, causing damage with the laser and leaving air bubbles or debris under the cornea when it is sealed. As a result of this, some of my clients have reported night vision problems, halos, star bursts and more serious and long standing visual disturbances. I recently settled a claim for a lady with problems following lens replacement surgery - a popular form of surgery which does not involve a laser. The intention of the surgery is to correct refractive errors impacting upon the eye’s focusing power. My client reported long term disturbances including blurred vision and ghosting the appearance of a partial or “ghost” image at the side of what she was focusing on. The bottom line in my experience in eye surgery cases is that patients have reported that their vision is markedly worse after the surgery than before. In addition to the physical injuries sustained as a result of botched cosmetic surgery, I notice that clients often suffer significant psychological damage. Such clients are understandably depressed as a result of often parting with thousand of pounds, having being simply sold the benefits of surgery and having been assured of the improbability of a bad outcome. The effect of that bad outcome is devastating can lead to psychiatric damage in the form of anxiety, depression and even post traumatic stress disorder. It seems that the main reason for claims arising out of
cosmetic surgery is the fact that the surgery is substandard. It is to be noted that there are no specific qualifications in cosmetic surgery and that it is not a speciality on the GMC register. Certain clinicians appear to be motivated by commercial gain to the extent that they are prepared to operate outside of their speciality. The Royal College of Surgeons has recently suggested a register of certified surgeons to help the public to make an informed decision about the quality of their surgeon. Steven Cannon, Vice President of the college, was quoted on the BBC news website as saying that this would help to “stop the general practitioner doing the nose job… the dermatologist lifting someone’s breasts… all that cowboy behaviour”. Another key issue in cosmetic surgery is whether the patient’s informed consent has been properly obtained. I have experienced cases involving eye surgery where clients have been asked to sign detailed consent forms moments before surgery without having a chance to read them properly. Even though it might be argued that cosmetic surgery is surgery that no patient needs there should be no distinction between essential surgery and cosmetic surgery when considering a surgeon’s obligations to disclose information as to the risks/benefits of surgery. National minimal standards guidelines actually suggest that no patient should be admitted for a cosmetic procedure on the same day as the initial consultation and the guide to good medical practice in cosmetic surgery issued by the Independent Healthcare Advisory Services in May 2008 suggests that there should be a two week cooling off period to allow patients to reflect on what they are letting themselves in for. My experience is that this often does not happen. It is clear that cosmetic surgery is a growth area for negligence claims and the situation is likely to persist until the industry is properly policed. As Rajiv Grover, spokesman for the Baaps, recently reported to the BBC, “it is essential that the public know who to go to when seeking a qualified cosmetic surgeon, but also, to be assured that the quality of their outcome will meet accepted standards and particularly to meet their own expectations”.
Clinical Negligence Legacies
CLINICAL NEGLIGENCE LITIGATION COSTS REFORMS - WHAT DOES THIS MEAN FOR CLAIMANTS? by Philippa Luscombe, Penningtons Manches LLP The last two and half years have seen widespread reforms in the approach taken to costs in clinical negligence litigation. Prior to April 2013, the majority of claims were funded either by the Legal Aid Agency (LAA) in substantial cases where the claimant had limited means or Conditional Fee Agreements (CFAs) - also known as No Win No Fee. In both scenarios the approach was relatively simple - did the case have sufficient merit to warrant proceeding? If so, the claimant would be eligible for funding, in most cases with no potential costs liability for themselves. If they won their case, they retained their damages in full.
From April 2013, the LAA restricted their funding to claims for children seriously injured at birth or very soon after. The rules on CFAs changed such that successful claimants became responsible for paying a success fee and an insurance premium out of their damages. In addition, the rules on recovery of costs inter partes were substantially changed meaning that recovery of costs would become much more restricted and controlled, particularly in the case of smaller value cases.
Negative impact on access to justice To date, this has already had an impact on claimants’ access to justice and the clinical negligence market. Some firms decided that the combination of no longer be able to recover substantial success fees from defendants in successful cases; the restriction on their recovery of base costs; and the high costs of running the case and need for disbursement funding in these cases; they could not continue to do clinical negligence work profitably and withdrew from the market. Other firms who had historically done only personal injury (PI) work felt that the changes to PI costs meant that clinical negligence cases would be more profitable. So they entered the market offering to do the work without charge to claimants but without having any real expertise in this type of work. Claimants with complicated cases of limited value in damages started to find that either firms would not take their case on at all. Cases were being disputed and claimants were being advised to drop them as it was not cost-effective to continue or that they were faced with relatively limited damages that were
severely depleted by deductions for costs. Those hit by the changes were some of those for whom claims were most important - the elderly and those who had lost parents or children due to suspected negligence.
Unexpected proposals to introduce fixed costs Without warning, there were further announcements this summer about proposals to introduce fixed costs for clinical negligence cases valued up to £250,000 - not just those valued up to £25,000 (as is the case in PI work). There are real concerns about these proposals and their impact on access to justice particularly as it is too early to assess the impact of the first sets of reforms. Ultimately, fixed costs may well encourage the bad behaviour of defendants that we currently see. For example, denying liability until late in the day and causing repeated delays in the hope that the escalating costs will force solicitors to discontinue the case. There are also concerns about a knock on effect on patient safety. If clinical negligence litigation is one of the ‘checks and balances’ to help maintain clinical standards, will making it not financially viable to bring smaller claims mean more disregard of standards of care because the threat of litigation reduces? Will it mean that patients who have been negligently injured or lost a loved one will not be able to pursue a claim at all because of damages being limited? Will those who have a valid claim end up being under-compensated because of deductions from their damages? Within the legal market, will it result in firms competing on cost and cutting corners to do these cases as cheaply as possible?
In turn, this could mean that the clients may not have a good job done or may be encouraged to settle early and at undervalue. Or that more firms leave the market and the clinical negligence field ends up being comprised of a small number of large teams who have the economies of scale to do the work well and profitably?
‘Double whammy’ of reforms will not help the individual Any way you look at it, the ‘double whammy’ of the reforms means that access to good quality legal representation and the chance to obtain answers and proper compensation is being restricted. The Government set the rules and is also the biggest compensator for clinical negligence claims. These reforms only work in their favour and not for the individual who, through someone’s substandard care, has been left injured or bereaved. As a clinical negligence solicitor, I consider myself lucky that I have been able to make a real difference to people in achieving not just compensation but answers and apologies for them at the same time as running a successful business. It will be a sad state of affairs if we get to the stage where we can only help people with the most serious injuries because we cannot break even on lower value cases and people with legitimate cases without potential for winning high value damages are left without answers and redress. http://www.penningtons.co.uk/people/ k-o/philippa-luscombe/
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Cyber Terrorism
No business can ignore cyber-terrorism as a threat by Robert Rutherford, CEO of QuoStar Solutions
Cyber-terrorism has been an underlying threat for a number of years. Initially and without a doubt state sponsored hacking was the first step in the rise, different countries probing each other for key information and weaknesses. As with traditional warfare/terrorism this has proliferated down to the everyday Joe, i.e. anyone can buy a gun, can make explosives, etc. The bigger threat and danger comes when these people (Joes) join forces and create a force, three or four people can do a lot of damage. Although there is no official UK legal definition of cyber terrorism currently, the majority of definitions describe it as a politically motivated attack using or against computer systems, information technology or data to cause widespread fear, loss of life or financial damage. As expected cyber-terrorism can be a big bang, perhaps a terrorist organisation bringing down the stock market, electrical grid or a large ISP. The damage can be just as large and as long-lasting as a traditional explosive based attack. Cyber-terrorism could also take the form of a small activist group with an agenda that causes them to pay a hacker-for-hire to steal sensitive information from a firm in relation to a case or bring a firm down due to the fact they are say defending an arms dealer, drug company that tests on animals, a lobby group, etc. Cyberattacks in general have been growing, with the latest research stating that between October 2014 and 2015 the number of targeted attacks have doubled. In the past you had people who would just hack for “fun”, but now their motives are much more focused, from blackmail and extortion to fulfilling a political agenda. While research suggests that government and financial institutions are bearing the brunt of these cyberattacks, the legal sector is also a prime target for cyber criminals due to the confidential, sensitive information they hold and their financial position. It doesn’t matter what size your law firm is, you are a target for a cybercriminal – that is the truth of it and to believe otherwise is simply burying your head in the sand. At a recent event I attended, 80% of the law firms there said they had been the recipient of some sort of targeted cyberattack or scam.
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As the legal sector takes steps to become further digitised, as we saw with the announcement of a £700m investment to digitise the courts in the Autumn Statement, the potential for cyberattacks also increases. The rise of the dark-web, free/cheap internet access, cheap IT and a developing world means that the capabilities and skills to wreak havoc are huge. No business can ignore cyberterrorism as a threat, let alone law firms whose whole business relies on information, data and access to technology. While law firms themselves may not be a direct target for “cyber warfare” it is no doubt they would be caught in the crossfire in a widespread online attack on UK infrastructure, power supplies or financial systems. What financial losses would you face if your firm was completely locked down for an hour? For a day? For a week? What about the long term reputational damage you would face if you were unable to complete any work for clients or, even worse, if you had put their data at risk? In a rapidly changing, globalising market reputation is everything. So, the above sounds pretty terrifying. It sounds like scare-mongering in fact. In reality I could whip up as much as a storm about the risk of fire, theft or flooding to your firm. The difference is that you understand these traditional threats to your firm, they have been called and controlled. You have assessed the risks and put in the applicable controls. In reality cyberterrorism is no greater threat, you simply need to look at your assets and see where cyber-terrorism is a threat and what controls you put in place. In short you just need to do a risk assessment. If you don't
have a risk assessment template then just download an example from here: www.quostar.com/risktemplate When going through your risk assessment do really think about the 'likelihood' and the 'impact' of each type of attack against your core assets, but make sure you think of assets beyond the items you put an asset tag onto, i.e. consider assets, such as: • Your email service • Your brand • A key employee • A department • Your internet connection • A key supplier The above is just a small selection of what should be deemed as 'assets'. It's hopefully quite obvious now that you need to be revisiting your business continuity plans and your disaster recovery plans. Actually as a firm you'll probably need to go beyond this and just build/run an IT system that is protected against threats, rather than focusing on recovering after the event. Again, focus on the risk assessment and take it from there understand your assets, the risks, and what your controls are. This isn't a huge undertaking and not going through it makes you pretty negligent, even if you aren't considering the cyber-terrorism risks. Email: robert.rutherford@quostar.com Web: www.quostar.com/legal-it
Cyber Terrorism
Cybercrime: How well is your client data protected? Information held by law firms is increasingly becoming a target for hackers. This is hardly surprising, given the sensitive information often entrusted to law firms by their clients. Hackers’ motives include corporate espionage, IP theft, access to market-sensitive data, blackmail and extortion. Law firms should already be alive to the risks but the issue needs to be further up the agenda, as the threats get ever more sophisticated and the stakes get higher. Photo: Jon Bartley
Law firms of all sizes are increasingly being targeted by cyber-attacks. This may take various forms, including “spear phishing” (a targeted and personalised e-mail scam containing a malicious payload) and exploitation of software flaws. Gone are the days when the most sophisticated abuse of a law firm’s IT systems was a scam e-mail from a fake Nigerian general. Third party service providers to corporate clients are often viewed as softer targets than the corporate targets themselves the major attack on US retailer Target in 2013 was achieved through a spear phishing e-mail to the retailer’s air conditioning contractor which in turn had access to part of Target’s systems - and law firms are another example of this indirect attack vector. For example, if a hacker knows that a boutique law firm is regularly subcontracted by a magic circle firm to conduct the IP due diligence on major M&A deals, then gaining access to that law firm’s systems (and in turn to a data room treasure trove of information on a
PLC) may prove easier, and more fruitful, than attacking the PLC directly. The ongoing consumerisation of business technology may exacerbate the security threat. As law firms embrace concepts such as “bring your own device” (BYOD), or at least allow lawyers to download personal apps onto work smartphones, the risk of malware residing on a device that accesses client data increases. Clients will increasingly demand more collaborative approaches from their lawyers, including the ability to remotely access, and contribute to, draft documents and view WIP and billing data, providing legitimate routes through the law firm’s perimeter fence for third parties whose access credentials could be compromised. The consequences for law firms of failing adequately to address the threat are significant and becoming more so. Firms face reputational damage, potential claims from corporate clients whose data is stolen and regulatory action by the SRA. Also, under the Data Protection Act, failure to apply appropriate security
measures to protect personal data can result in a fine of up to £500,000 and damages claims from affected individuals. However, the Data Protection Act is soon to be replaced by a new EU Regulation. This will impose an obligation to notify the Information Commissioner and affected individuals of data breaches and increase the potential fines to between 2% and 5% of turnover (the cap has yet to be finalised at the time of writing). It will also extend liability to entities that merely process personal data on behalf of clients. All law firms should ensure an ongoing commitment to cyber security. This might include assessment of systems against the Government’s Cyber Essentials scheme, the Standard for Information Assurance for SMEs (IASME) and/or ISO 27001. Jon Bartley, commercial and technology partner, Penningtons Manches LLP. http://www.penningtons.co.uk/people/ a-e/jon-bartley/
THE MAJORITY OF DATA BREACHES ARE CAUSED BY HUMAN FACTORS Gartner report that over 50% of data breaches are caused by users and predict that within 5 years over 90% of such leaks will be user created so firms need to be acutely aware that the greatest weakness in their systems is the human factor. Our staff are busy billable people who have a limited mental budget available for managing security requirements or remembering multiple complex
passwords. IT need to work with other people to develop programmes of awareness and introduce new practices into the firm. If the majority of data breaches are caused by human factors, how many firms engage the HR Department in their Security Incident Reviews? Anecdotal evidence suggests very few firms do this and yet re-education and behavioural change should be at the forefront of enhancing data security. We cannot simply add technology and process to
enhance security. We must create and establish cultural change. HR or Training Departments are usually the custodians of behavioural change in many firms and engaging them early in the development of data security solutions is imperative. Do not regard data security as an IT issue. Make it a firm wide factor. Simon Ratcliffe - Consultant Advanced Computer Software Group For more information please contact: 0844 815 5575
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Set Your Sails and Sights on the Legal Cup The Legal Cup doesn’t just offer participants a fabulous weekend of learning how to sail, having fun, getting to know your team mates better and enjoying the various networking opportunities including the legendary Gala Dinner. It also helps raise valuable funds for charity.
Sail 4 Cancer are once again the nominated charity beneficiary for the Legal Cup 2016. In addition to generous charity donations, a number of additional fundraising activities including a raffle and auction, which help raise the funds they need to improve the lives of others less fortunate. Sail 4 Cancer primarily provide sailing respite days to individuals and families affected by cancer, offering a day or week away from the disease and the nightmare that they are living through, with a chance to create positive memories and enjoy some quality fun time together. Tahiti Tourism have come on board as an event sponsor for the Legal Cup 2016 and teams from
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Freshfields, Linklaters, Clifford Chance and Ashurst have already confirmed entry as they try to steal the trophy from the current title holders, the Bar Yacht Club! So the Legal Cup 2016 is looking bigger and better than ever and is fast approaching! The event takes places on the weekend of 14-15 May 2016, if you would like to enter a team, sponsor a trophy or donate an auction prize - please get in touch with Britannia, the event organisers. info@britanniaevents.co.uk 02380 458900 www.britanniaevents.co.uk/ legal-cup
News
Organise Your Firm to Grow Your Profits
by Richard Hugo-Hamman
The true growth of any business is through an increase in profit. It is a common misconception among owners of small law firms that growth is measured by the number of people in the business. Over the years, I have spoken with many partners in small law firms, and as soon as the word ‘growth’ is mentioned, they react, usually with alarm and a statement similar to: “No! I don’t want any more partners!” However, the meaning of growth is misunderstood. The true growth of any business is through an increase in profit.
Cut Costs or Improve Efficiency From a revenue perspective, simply increasing charge rates to improve the bottom line is not as easy as it sounds. Rates, whether fixed-fee or time-based, are controlled by powerful market forces. For most small practices, the need to offer affordable services constrains pricing. Most people find it difficult to pay legal fees, so you may have to cut costs or improve efficiency to increase your profits. Staff costs are the biggest expense and the only variable where changes can have impact. Your options are to either reduce staff or get existing staff to do more. An effective way to achieve either of these objectives is to improve your business’s efficiency by using the right technology. The rise of self checkins/check-outs at airports and supermarkets provides clear signposts for the future.
Intense competition has made technology cheaper than ever; assuming you have the right staff, investing in the right technology is the best way to increase efficiency - and profits. Some small law firms find it difficult to find suitable support staff - such as legal accountants, administrative assistants, and junior lawyers particularly those based outside of larger towns and cities. Possible solutions to this problem include: • Giving your staff the tools they need to do more work faster. • Delegating routine work to existing staff so that you can do the high-value work. • Reducing legal accounting costs by reengineering the way you do your matter accounting so you can use part-time bookkeepers.
9-Point Plan to Increase Profits 1. Organise your data into a single database. 2. Organise your template documents and matter documents. 3. Organise your communication documents. 4. Organise your Safe Custody contents. 5. Be disciplined about time recording. 6. Produce bills regularly for smaller amounts. 7. Collect what people owe. 8. Involve yourself in the change project. 9. Act today!
If you follow this plan, you will see your profits grow without having to employ extra staff. There are many reasons to do nothing: partnership difficulties, thoughts of retirement, being busy, general inertia, etc. Complaining is easier than doing. However, to grow the profitability of your firm while providing a better service to your clients, you must change something. Organising your practice by introducing software will allow you to fine-tune the balance between the work you have and the people you have working for you. But which software solution is the right one for your practice? One relatively quick and easy way to do this is to hire a team of experienced practice advisers who can help you make the right decisions for your firm, assist with the deployment and training, and provide the longterm support you need to enable you to concentrate on your clients - not on the technology.
Richard Hugo-Hamman is the Executive Chairman of LEAP Legal Software. He has thought about the challenges facing small law firms for more than 25 years and has visited thousands of law firms on three continents. www.leap.co.uk.
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Is Buy to Let still as attractive? From APRIL buying a house to let or as a holiday bolt-hole will become thousands of pounds more expensive. A tax attack aimed at landlords will force those who want to own more than one residential house to pay an extra 3 percentage points in stamp duty. The effects are eye-watering. The levy will increase the cost of a £250,000 buy-tolet purchase by £7,500. Someone buying a second home for £450,000 will have to fork out £13,500 more in stamp duty. That's enough to potentially put off even seasoned landlords - which is precisely the idea behind the tax grab (other than boosting the Government's coffers). George Osborne, the Chancellor, wants to make it harder for investors to outbid first-time buyers. Under the draft rules the new rates will apply for completions on or after 1st April 2016 unless exchange occurred on or before 25th November 2015. Be forewarned. While the aim of freeing up properties, particularly in London and the South, for young people sounds like a worthy cause, there are nasty sideeffects. The first, most obvious blow will whack those hoping to fund their retirements with property returns - a popular move with interest rates so low. Costs will ratchet up significantly. If you were planning to buy this year, it's worth sitting down and re-doing those sums to make sure it still adds up. Otherwise get a move on and complete contracts before the 1st April 2016 (as it currently stands); this will spare you the additional 3 per cent. Over the Christmas break, the Government also sneaked out plans to close some loopholes in the new rules. Married couples will be treated as a single "unit" when deciding how many houses a buyer owns. It won't be possible to put the family home in one name and then buy a second home under a spouse's name without incurring the extra tax. There has been talk in some newspapers about it being a "tax on marriage". That's true to a degree - an unmarried couple won't necessarily be treated as a unit. But those who already own one house between them will only escape the tax if the other buys with the intention of using the new place as their main residence. The result: an unmarried couple that lives together, and plans to continue to do so, will pay the extra 3 per cent if they buy a second property. Parents will worry about the implications if they buy for their children. There is bad news here, too. The proposed rules state that unless the buyer is "replacing" a main residence, the higher rates of stamp duty will apply. So if Mr X, who already owns his own main residence, buys a house for his daughter, Miss X, puts the property in joint names so as to borrow more, the full tax blow will apply. One get-out trick is to act as a guarantor on the mortgage, rather than owning it jointly. But such arrangements are difficult to arrange without a specialist broker. Giving money for a deposit is absolutely fine; it's about who is named on the title deeds. Another loophole that will be closed is where landlords try to circumvent the rules by purchasing properties through a registered company. The first property, a company or investment scheme buys will be subject to the full "second home" tax. Finally, those who buy a new main residence before selling their current one will be dragged into the tax net. They will have 18 months to sell the first property and claim back the extra tax. The main test of whether you pay is the number of properties owned at the end of the day of purchase. If the answer is 'more than one' it's highly likely you'll be hit by the additional tax. Avoiding it will be tricky. Part of the crackdown includes a threat to monitor where buyers spend most of their time.
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This will include checking where children go to school and where you are registered to vote. So if you're thinking about buying a holiday home, helping children or adding a rental property to your investments in the near future, there may be a completely different way to achieve what you're aiming for. A bit of advice before you take the plunge might save you thousands of pounds. Your property may be repossessed if you do not keep up repayments on your mortgage. There is normally a fee for advising on and/or arranging a mortgage, this is typically £495. The Financial Conduct Authority does not regulate commercial and some forms of buy to let mortgages. The Financial Conduct Authority does not regulate some forms of tax advice.
Steve Smith - Mortgage Consultant S4 Financial Limited - Contact: 07896 025124 Steven Vallery - Business Development Director S4 Financial Limited - Contact: 01276 34932
News
IT in a Legal Practice by Hendry Taylor, Managing Director, Taylored IT Limited
It should NEVER be about technology it should always be about doing Business. Many non-technology companies spend lots of money and time running technology to do business, this is not how it should be. A law firm or legal practise does not want to be a technology company too! I have unfortunately been told too often by new clients or prospective clients that their previous IT company let them down or advised them incorrectly. Many of the complaints I have heard about technology companies is that something was not part of the contract or that will cost you extra. The latest and greatest technology is not always required, the appropriate technology for the requirement is what is needed and that is where many IT companies lose the plot, they do not understand or even gather the client's requirements. Cloud technologies should be embraced as they can solve many problems for smaller organisations at a fraction of the cost of more traditional solutions. I am going to discuss four areas of IT that a vast number of companies get wrong or do not pay enough attention to.
Email Emails always a hassle? Can't synchronise emails between multiple devices? Losing emails? Above are some of the more common issues relating to emails usage within a company. So the question is what can be done about it? One of the simplest solutions is to get Hosted Exchange, this is where a technology company runs Exchange servers in the cloud and the clients only pay for the mailboxes they want. Some companies provide add-ons which then provide more or better value for the client. What is Exchange you ask? Microsoft Exchange is a popular e-mail messaging system from Microsoft that runs on Windows servers. The server side is Microsoft Exchange Server and the featured client program is Microsoft Outlook, which includes contacts and calendaring. Microsoft Exchange is used by most enterprise sized companies but is expensive and time consuming to run and manage as it requires expertise. Hosted Exchange is cheaper and takes all the expertise requirements and operational overheads away.
Data Storage What happens to your data if a hard disk fails? Can you access your data from multiple devices? Data storage has changed dramatically in the past 5-10 years. Firstly data storage devices have become much cheaper and secondly the availability and usage of cloud storage has
increased. How and where you store your data is dependent on requirements such as: • Do you need to access your data from multiple devices? PC, Laptop and Tablet. • Do you need your data secured? • Does anyone else need access to the same data? There is not a one solution fits all solution to data storage. Most often it is a combination of various solutions and technologies. A golden source for all data is always very important, if you are emailing copies of a document to someone else and then getting it back modified and then working on it again you will run the risk of corruption (been there) and also not knowing you are working on the latest and correct version of the document. Collaboration tools solve this issue very efficiently.
IT Support Can't get hold of Alex the support guy? The issue is not part of the support contract? No reporting on past problems? If the above sounds familiar then you are not alone, there are many people and organisations experiencing the same. It is always important to try and choose a good reliable IT company for your support. Look for a company that has a helpdesk available that can be accessed via the internet or email so you can log and track
your own problems. Ensure there is regular reporting on problems including time taken to repair and ensure your support requirements are well captured and understood so as not to avoid hearing "that is not in the contract". Try to look for a company which is not afraid to acknowledge they do not know something but keen to research and provide fresh solutions and who has strong ethics. Make sure the support organisation is monitoring your IT equipment and can react proactively on potential issues.
Disaster Recovery (DR) What happens if your computer crashes and cannot be recovered? What happens if your office burnt down? Many people and organisations cannot answer the above questions and many, when contemplating those questions fear their business will fail after such an event. There are unfortunately too many people and organisations that do not consider DR and think it is only for large enterprises. The reality is that all organisations regardless of size should consider DR and the good news is that there are many solutions available and many of them are not excessively pricey either. For more information contact our office on 03330 115116 or info@taylored-it.com
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Financial Planning Topics for the New Year As IFAs there are always a number of financial planning topics that exercise our clients’ minds at any given moment. The following examples are currently being mentioned by clients on a regular basis. ISAs: Use them or lose them, or transfer them An Individual Savings Account (ISA) enables individuals to save or invest money without paying tax on the interest or on the investment returns received. The maximum that an individual can pay into their ISA in the current tax year is £15,240 but, crucially, any unused allowance doesn’t roll overso the message is use it or lose it! We frequently come across clients who have a number of ISA contracts with different providers. A commonly held misconception among clients is that if they transfer an ISA to another one with a different provider, they will lose the ISA status of the investment. This is absolutely not the case and, indeed, ISA consolidation can make a great deal of sense, saving money on provider charges as well as giving an opportunity to put a fully reviewed active investment process in place.
Six good reasons why an Enterprise Investment Scheme (EIS) may work for you EISs are very specialist investments but, used in the right circumstances, they can be a very useful non-correlated investment. They also have the following advantages: • They give income tax relief at 30% of the amount invested, up to a maximum investment of £1m per tax year (provided the shares are held for three years). Tax relief can not exceed the investor’s income tax liability for the tax year. • The investment can be carried back and treated as if it were invested in the previous tax year, so some or all of last year’s income tax can be recovered. • Capital gains on the investment are tax free (provided the shares are held for three years). • The Capital Gains Tax (CGT) on a gain can be deferred by investing that gain in an EIS. • There is loss relief on any capital losses made on an EIS investment, which may be offset against other capital gains or income. • It is possible to get relief from Inheritance Tax (as long as the investment is held for two years prior to the relevant chargeable event) using Business Relief. • The tax treatment depends on the individual circumstances of each client and may be subject to change in future. EISs are high risk investments and as a result the value of these investments can fall as well as rise
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so you may not get back some or all of the initial capital invested. The market for these investments can be illiquid and you may have difficulty in disposing of them. Clearly these are all risks that a good IFA can help to mitigate with good research and due diligence processes.
Financial Services Compensation Scheme (FSCS) limit changes in January From 1st January 2016, the FSCS compensation limit for deposits is changing from £85,000 to £75,000 (£150,000 for joint accounts) because of the strength of sterling against the euro. The cut means savers with large amounts of cash on deposit who are close to the current £85,000 limit should start to think about splitting up their money soon. However, it’s not all bad news; from July 2015, the FSCS has provided a £1m protection limit for ‘temporary high balances’ held with a bank, building society or credit union if it fails. The change resulted from the European Deposit Guarantee Schemes Directive and provides an additional layer of protection for some consumers with higher balances. Things like the proceeds from a house sale or a redundancy payment will qualify for this new protection limit.
Tax-free dividend allowance from April 2016 From April 2016, anyone holding dividends will have a £5,000 tax-free allowance, regardless of the level of their nondividend income. This replaces the 10%
dividend tax credit. Dividends above this level will be taxed on a sliding level according to tax banding, ranging from 7.5% for the basic rate to 38.1% for the additional rate band.
Financial planning seminar: ‘From the cradle to the grave with divorce in between’ IFS will be hosting a financial planning seminar on 21st January 2016 at Jasper Vincent Solicitors in Segensworth, Fareham from 5.30 - 7.00pm. The topics to be covered will include: • Pensions and divorce-what an IFA can add to the process • Pensions and death benefits • Alternative IHT planning options If you would like to attend, please contact Debbie Cornell at debbie.cornell@ifsnet.co.uk
News
What will 2016 bring for mid-sized law firms? As Chairman of Dutton Gregory and a main Board member of Hampshire Chamber of Commerce the majority of my day is spent creating, reviewing and measuring the success of business strategies. There has been much talk about whether the legal profession will survive in its current state. Perhaps the question to be asked is whether it should survive in its current state?! Pictured: Andrew Tilley
Regulation is at an all time high, with further changes being suggested to the way in which solicitors qualify. If this means that all newly qualified solicitors are more adept to be able to deal with the modern world, then that has to be the way forward. Certainly the profession today looks very different to the one into which I qualified in the not-too-distant past! Looking back over the last 10 years it is hard to recall a time when change occurred as regularly and as quickly as it has of late. It is probably true to say that mid to small sized businesses are most at risk in this changing climate. There are so many external pressures, not least to create capacity and generate new work to pay for the technological and reorganisation needed to service today’s client. Add to that the advent of the Legal Services Act and the roll out of Alternative Business Structures as well as the on-set of the ‘digital’ age including the emergence of social media and suddenly we are questioning our skill set! If you are feeling brave and want to look further afield, across the pond US professional service and healthcare firms are now including artificial intelligence in their teams and passing on the benefit of faster, more slim-lined services onto their clients and patients - investigate further by looking at IBM Watson! Just remember that old adage before immersing yourself in visions involving teams of AI lawyers ‘technology just connects us…… it’s people that form relationships!’ Firms are no longer looking to change for change’s sake (not all change is good), but instead are identifying the needs of their existing and potential new clients and
merging to increase depth of resource in some areas and new expertise in others. Those firms that are not classified as niche or boutique are looking to create ‘one-stop-shops’ to attempt to negate the need for their clients to look for services elsewhere. Sadly, I do believe that 2016 will be another year when we see firms failing to change the way they operate and failing as a result. As I hinted at earlier, the needs of our clients should be at the heart of everything we do - from the training offered to our staff to the location and opening times of our offices. We all too often fall into the dangerous trap of assuming we are providing a great service, but the only people who will really know that are our clients, and how often do we actually ask them? Too many times instructions from clients begin to drop off and suddenly, without warning (we would say) they stop altogether. By the time busy legal teams realise that they haven’t heard from a client for a while, the client has had its head turned by another firm with a better offer! Competition is healthy. It keeps us on our toes. It pushes us to think outside our comfort zones and try to do things differently. I wouldn’t be entirely truthful if I didn’t say that sometimes competition has caused a sleepless night or two, but I truly believe that Dutton Gregory is in a really strong position, with the right management team and planning processes to enable us to steer our ship well into the next decade and beyond. There is a need for mid sized law firms in our towns and cities, not only for the private individuals who still like to be able
to drop into the office to talk through the stresses of house moves or relationship breakups, but also the SME market who can sometimes be overlooked by the larger regional firms who are looking after the FTSE 250 market. Over the years Dutton Gregory has equipped itself with a strong base of recognised experts - with senior and other key individuals being asked to contribute to books or TV programmes that require a legal opinion. Those experts in turn have built strong departments that are able to pass on their expertise and a wealth of experience to clients nationally. Keeping us in check, we have strong supporting professionals heading up our IT, HR and Marketing teams ensuring that we utilise technology to our clients’ advantage, use the data and knowledge that we have to our own advantage and ensure our brand values are evident in the service we provide and the people we recruit. So, am I concerned about the future - in a word ‘no.’ Am I excited by the challenges that change brings - absolutely!
Andrew Tilley, Chairman, Dutton Gregory LLP
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Notices
Phillips Solicitors
MacDonald Oates LLP
Commercial Property Specialist Solicitor - Full Time
Solicitor/Legal Executive - Wills Probate & Trusts Department
This role is within our Commercial Department, a thriving team of nine staff, including one Director and one additional fee earner and legal secretarial support.
An opportunity has arisen for a Solicitor/Legal Executive to join our busy Wills Probate & Trusts team in the Petersfield Office. Our Wills Probate & Trusts Department comprises two teams based in the Petersfield and Midhurst Offices.
• This role has arisen due to the increased workload within the Commercial Property Department. The candidate would work alongside other fee earners within the Commercial Department, primarily on commercial property/development work. There are currently two fee earners within the department.
Our Department is experienced in dealing with advice concerning Will drafting, Estate Administration, Lasting Powers of Attorney, Trusts and Administration, Court of Protection applications and Inheritance Tax planning.
• The vacancy is for an assistant solicitor who would report directly to the Director in charge.
Ideally with 1-3 years PQE, you will:
• A dynamic solicitor is required to help expand and develop further the commercial property section of the Commercial team. • Phillips is a well established and reputable, Lexcel accredited firm in Basingstoke town centre with prestigious modern offices. • The firm has a strong corporate client base and a substantial company commercial following.
Main Duties: • Front line fee earning in Commercial property/development/ environment. • Sales, purchases, options planning tax awareness and landlord and tenant. • Hands on proactive advice to clients.
Reporting to: • Jonathan Pender (Director)
Package/Location: -
Competitive salary for the right candidate, dependent upon experience and ability. Private Health Care, Company Pension Scheme, Discretionary Bonus Scheme, Parking. Basingstoke Town Centre, modern open plan offices.
Candidate attributes: -
Commercial Property Solicitor with 3 years plus PQE. Ability to work in a team environment, contribute to service provided, and maintain the high reputation of Phillips in this area. Ability to take instructions and progress work promptly and efficiently, to a high standard with supervision when or if required. Be professional, organised, competent enthusiastic and ambitious. Pro active not reactive attitude. Commercially astute. Ability to use all Microsoft applications, especially Word and Outlook and Excel as required. Must provide evidence of CPD and any claims record (PII reported).
To apply, please send your letter of application and current CV to Faye McMahon by email: faye.mcmahon@phillips-law.co.uk
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 34
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• Have assisted running a varied Wills, Probate & Trusts caseload and worked under your own initiative. • Have demonstrated a commitment to offering your clients a high standard of service and legal advice. • Aspire to be part of our professional, friendly and hardworking team. • Be committed to an active engagement to business development. • Have good academic and IT skills. You will assist with the current caseload in the department and grow your role within the department. You must be willing to be involved in client sourcing work and business development and be confident in promoting the firm’s values. You will be providing the highest level of service to our clients, which is tailored to their individual needs. You will also need to share our values of being ‘Open, Responsible and Fair’, which lie at the heart of what we stand for as a firm and which guide how we approach all aspects of our work. We will offer a competitive salary dependent on experience and generous benefits and can offer excellent career prospects for the right candidate.
Frettens LLP wish to recruit a Commercial Property Lawyer or Legal Executive to join our progressive and dynamic commercial team. The ideal candidate will have some experience in aspects of Landlord & Tenant work, with additional experience of development and lending work. We anticipate that applicants will have between 1 and 3 years PQE. Salary is negotiable and benefits include parking permit, noncontributory pension, death in service insurance and private health care. Please apply via email to: lstacey@frettens.co.uk
Private Client Solicitor Location: Basingstoke Salary: negotiable Expiry date: 29.02.16 Brain Chase Coles is a well-regarded and friendly firm situated in Basingstoke town centre. The firm is an accredited member of the Law Society’s Wills and Inheritance Quality Scheme (WIQS). We are looking for a qualified solicitor, ideally up to 3 years PQE, to join two other well qualified solicitors (STEP/SFE accredited) and Private Client team. Part-time and flexible working considered in this family orientated firm, where the ‘right person’ is our most important consideration. Please send a covering letter and CV to Mrs G Matthews: gmatthews@brainchasecoles.co.uk